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HomeMy WebLinkAbout08/23/93August 23, 1993 The Council of the Chambers, Waterloo, Manning, Jr. in the Dell. City of Waterloo, Iowa, met in Regular Session at City Hall Council Iowa, at 7:00 p.m., on Monday, August 23, 1993. Mayor Albert C. Chair. Roll Call: Fox, Angel, Buck, Wright, Budak, Lemke. Absent: Invocation by: Councilperson Tony Budak Pledge of Allegiance: Police Lieutenant Roger Shook 101738 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on Monday, August 23, 1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, August 16, 1993, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Dell. Motion carried. HEARINGS AND BIDS 101739 - Moved by Angel, seconded by Buck that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the F.Y. 1994 Water Pollution Control Facility Dual Electric Feed System, Contract No. 460, as published in the Waterloo Courier on August 9, 1993, be received and placed on file. Ayes: Six. Absent: Dell. Motion carried. 101740 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. John Meyer, Public Works Director, reported that said improvements will provide secondary electrical supply to the Water Pollution Control Plant and replace and upgrade equipment installed in the 1970s. These improvements are part of the action plan for facility improvement and will be paid for with sewer rental funds. Moved by Buck, seconded by Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-522. 101741 - Moved by Fox, seconded by Wright that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-523. 101742 - Moved by Budak, seconded by Angel to receive, file and instruct Acting Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (see CR 101771 for award of contract): Bidder Esco Electric Company, Marion, IA K & W Electric, Inc., Cedar Falls, IA Menninga Electric, Inc., Waterloo, IA Paulson Electric Co., Waterloo, IA Ayes: Six. Absent: Dell. Motion carried. 101743 - Moved by Buck, seconded by Wright Bid Bond 5% 5% 5% 5% 0 Bid Amount $217,483 $184,351 $234,025 $212,330 that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the Waterslides, Phase 2, Waterloo Recreation and Arts Center, as published in the Waterloo Courier on August 6, 1993, be received and placed on file. Ayes: Six. Absent: Dell. Motion carried. August 23, 1993 Page 2 Hearings & Bids - continued 101744 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Wright stated that she has received inquiries from the public questioning the need to bond for such improvements. She supported the issuance of bonds to provide recreational opportunities for our youth and get them off the streets. Tom Reardon, Acting Director of the Recreation Commission, reported that communities in Iowa that have installed similar waterslides have seen extensive increases in their attendance and expects the same for the City of Waterloo. Revenues from the pool facilities will service the debt payments. The key card system will also apply for pool admissions. Moved by Buck, seconded by Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-524. 101745 - Moved by Budak, seconded by Lemke that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-525. 101746 - Moved by Angel, seconded by Wright to receive, file and instruct Acting Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award of contract delayed): Bidder Bid Bond Bid Amount Alt #1 Alt #2 Prairie Construction Co., Waterloo, IA 5% $169,813 $16,050 $640 Ayes: Six. Absent: Dell. Motion carried. UNFINISHED BUSINESS 101747 - Moved by Fox, seconded by Buck that communication from Associate Engineer transmitting recommendation of award of contract to Bowers Masonry, Inc. of Waterloo, Iowa in the amount of $19,265.45 in conjunction with F.Y. 1994 Sidewalk Repair Assessment Program - Zone 5, Contract No. 457, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-526. PETITIONS FROM PUBLIC 101748 - Moved by Fox, seconded by Buck that communication from City Planner transmitting request of Jim Blackledge to rezone from "Cl" - Commercial District to "C-2" Commercial District property generally located at the northeast corner of Kimball Avenue and Brookeridge Drive to build a fast food restaurant, together with recommendation of approval of Planning, Programming and Zoning Commission to rezone from "C-1" Commercial District to "C-1" Commercial District/"C-Z" Conditional Zoning, be received, placed on file and "Resolution setting date of hearing as September 13, 1993, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-527. August 23, 1993 Petitions from Public - continued 101749 - Moved by Fox, seconded by Buck Page 3 that communication from City Planner transmitting request of Thomas Biemann to rezone from "C-1" Commercial. District to "C-2" Commercial District property generally located along the east side of Bishop Avenue and extending approximately 450 feet south of Independence Avenue to expand existing lawn mower sales and service business and include the renovation and sale of used mobile homes, together with recommendation of denial of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 13, 1993, at 7:00 p.m. in the City Hall Council Chambers", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-528. 101750 - Moved by Fox, seconded by Buck that communication from City Planner transmitting request of Thomas Biemann to rezone from "C-1" Commercial District to "M-1" Industrial District property generally located along the north side of Independence Avenue at the intersection of Bishop Avenue to expand existing tire sales and service business and continue to display tires and rims, together with recommendation of denial of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 13, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-529. 101751 - Moved by Fox, seconded by Buck that communication from City Planner transmitting request of Greg Booker dba Clutch Masters to rezone from "C-1" Commercial District to "C-1" Commercial District/"C-Z" Conditional Zoning property generally located at 2117 Falls Avenue for a clutch rebuilding business, including selling new and rebuilt clutches as wholesale items, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 13, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-530. 101752 - Moved by Fox, seconded by Buck that communication from City Planner transmitting request of James Lauer to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning property generally located at 1668 Golden Valley Drive to continue using existing residential garage for recycling water meters, together with recommendation of denial of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 13, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-531. 101753 - Moved by Fox, seconded by Buck that communication from Assistant City Engineer transmitting request from Hartman Reserve Nature Center to place directional signs on city right of way to be located on the southbound and northbound lanes of Greenhill Road near Rainbow Drive, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-532. August 23, 1993 DOCUMENTS 101754 - Moved by Fox, seconded by Buck Page 4 that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Bowers Masonry, Inc. of Waterloo, Iowa in the amount of $19,265.45 in conjunction with F.Y. 1994 Sidewalk Repair Assessment Program - Zone 5, Contract No. 457, be received, placed on file and "Resolution approving said request", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-533. 101755 - Moved by Fox, seconded by Buck that communication from City Planner transmitting Final Plat of Anderson's Addition, together with Deed of Dedication and recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-534. RESOLUTION TO BE ADOPTED 101756 - Bob Stevenson, City Plannner, stated that this transfer is necessary to allow the demolition of the former Leroy's DX gas station located at the intersection of West 9th and Washington Streets. This project is seen as an enhancement for the future sale of the property. No fuel tanks or asbestos are anticipated at the location. Moved by Fox, seconded by Buck that "Resolution transferring from the Substitution Projects (Engineering) Fund the sum of $8,300.00 to the Community Development Block Grant Fund", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-535. ORDINANCES TO BE ADOPTED 101757 - Eric Thorson, City Engineer, reported that the establishment of grades for construction projects is required by State Code. The general area of Zone 5 is that area lying south of Ridgeway and within the corporate limits. Moved by Angel, seconded by Wright that "an Ordinance establishing grades for the F.Y. 1994 Sidewalk Inspection and Repair Program - Zone 5, Contract No. 457", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 101758 - Moved by Buck, seconded by Lemke that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Dell. Motion carried. 101759 - Moved by Fox, seconded by Wright that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Dell. Motion carried. 101760 - Moved by Budak, seconded by Lemke that "an Ordinance establishing grades for the F.Y. 1994 Sidewalk Inspection and Repair Program - Zone 5, Contract No. 457", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3967. August 23, 1993 Page 5 Ordinances to be Adopted - continued 101761 - Sang -Ki Han, Assistant City Attorney, stated that said ordinance will put the City Code of Ordinances in compliance with State Code regarding color and mounting of lights on vehicles. This will allow the Police Department to issue citations based on violation of the City Code of Ordinances and subsequent receipt of revenue. Moved by Buck, seconded by Angel that "an Ordinance amending the 1991 Traffic Code by adding Section 460, Color and Mounting (conforming ordinance to State Code)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 101762 - Moved by Budak, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Dell. Motion carried. 101763 - Moved by Fox, seconded by Angel that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Dell. Motion carried. 101764 - Moved by Angel, seconded by Wright that "an Ordinance amending the 1991 Traffic Code by adding Section 460, Color and Mounting (conforming ordinance to State Code)", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3968. BILLS PAYMENT 101765 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-74, in the amount of $1,779,044.08, dated August 23, 1993, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Five. Abstain: Buck. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-536. NEW BUSINESS 101766 - Moved by Wright, seconded by Lemke that communication from Waterloo Water Works General Manager transmitting request of Ruth E. Brown to certify $1,106.50 for work performed by the Waterloo Water Works at 446 Cutler Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-537. 101767 - Moved by Wright, seconded by Lemke that communication from Transportation/Traffic Engineer transmitting request to place stop sign on Linwood Avenue at the intersection of South Street, together with recommendation of approval, be received, placed on file and approved and City Attorney instructed to prepare an ordinance for said stop sign. Ayes: Six. Absent: Dell. Motion carried. August 23, 1993 Travel Request 101768 - Moved by Wright, seconded by Lemke Page 6 that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Richard D. Grimm, Street Superintendent, to attend the 13th Annual Western Snow & Ice Fleet Management Conference Equipment Snow & Snow Rodeo in Estes Park, Colorado on September 28 -October 1, 1993, with costs not to exceed $484.00. Ayes: Six. Absent: Dell. Motion carried. MISCELLANEOUS 101769 - Moved by Wright, seconded by Lemke that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and applications for outdoor service area and cigarette permit be received, placed on file and approved: 1. Beer License Permit Application Class B Beer Beach Concessions, Inc., West 4th & Commercial (New) (8/26/93 - 8/30/93) Beach Concessions, Inc., West 4th & Jefferson (New) (8/26/93 - 8/30/93) 2. Beer License Permit Application Class C Pony Express, 2332 Falls Avenue (Renewal) (Expires 9/1/94) (Includes Sunday Sales) Boleyn Grocery, 319 Edward Street (Renewal) (Expires 8/28/94) (Includes Sunday Sales) Kum & Go, 3016 Marnie Avenue (Renewal) (Expires 10/17/94) (Includes Sunday Sales) 3. Beer License Permit Application Class E Quik Trip, 117 San Marnan Drive (Renewal) (Expires 9/4/94) (Includes Sunday Sales) 4. Liquor License Permit Application Class E Fleagle Foods, 2834 Ansborough Avenue (Renewal) (Expires 9/3/94) (Includes Sunday Sales) Application for Outdoor Service Area Beach Concessions, Inc., West 4th & Commercial and West 4th & Jefferson -- 8/26/93 - 8/30/93) Cigarette Permit Application Two (2) Ayes: Six. Absent: Dell. Motion carried. BONDS 101770 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through August 23, 1993, be received, placed on file and report and bonds approved. Ayes: Six. Absent: Dell. Motion carried. 101771 - Moved by Buck, seconded by Wright that "Resolution authorizing award of contract to K & W Electric, Inc. of Cedar Falls, Iowa, in the amount of $184,351 for F.Y. 1994 Water Pollution Control Facility Dual Electric Feed System, Contract No. 460", be adopted (see CR 101742 for opening of bids). Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-538. August 23, 1993 Page 7 ORAL PRESENTATIONS 101772 - Jean Lee, 733 West Parker, representing Ernie Boykin, Youth Outreach Program Director, advised the Council of an upcoming "Prayer Explosion" that will begin on August 29, 1993 at 3:00 p.m. and run through August 30, 1993 at 8:00 a.m. This is a community wide back to school prayer vigil, and the public is invited to attend. The First Lutheran Church, 118 High Street, will host the event. Kathy Oberle, 1101 Western Avenue, asked that the citizenry realize the sensitive nature of things happening in the streets. She also stated that citizens who are bothered by boom boxes and loud music from vehicles passing by their homes can contact the Police Department who can, if presented with appropriate information, prosecute the violators. A $75 fine could be imposed. She also encouraged parents to get their kids off the street and know where their kids are at all times. Councilperson Angel also asked that all drivers proceed with care as school begins on August 30, 1993. Councilperson Wright inquired about the odor problem that has been apparent along Independence Avenue. John Meyer, Public Works Director, stated that the anaerobic lagoon located on North Elk Run Road could possibly be the origin of said odors. He encouraged residents who experience said odors to keep track of the time and wind velocity so that a final determination can be rendered. Moved by Budak, seconded by Buck that the above oral comments be received, placed on file and the Council adjourn at 7:47 p.m. Ayes: Six. Absent: Dell. Motion carried. Michelle Temeyer Acting City Clerk/Auditor