HomeMy WebLinkAbout08/28/95August 28, 1995
The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council
Chambers, Waterloo, Iowa, at 7:00 p.m. on Monday, August 28, 1995. Mayor John R. Rooff in
the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier, Mollenhoff.
Invocation by: Reverend Tim J. Ensworth, First Congregational Church
Pledge of Allegiance: Rich Earles, Housing/Block Grant Program Manager
Recognition of Week: Rainbow Florists & Greenhouses, Richard and David Fink, Owners
105406 - Mollenhoff/Collier
that the Agenda, as amended, for the Regular Session on Monday, August 28, 1995 at
7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
105407 - Murphy/Jordan
that the Minutes, as proposed, for the
at 7:00 p.m., be accepted and approved
Mayor Rooff recognized Dennis Curtis
Engineer effective August 22, 1995.
HEARINGS AND BIDS
105408 - Murphy/Jordan
that proof of publication of notice of public hearing on plans, specifications, form
of contract, etc. and taking of bids for the F.Y. 1996 Young Arena Parking Lot
Improvements, Contract No. 498, as published in the Waterloo Courier on August 18,
1995, be received and placed on file. Ayes: Seven. Motion carried.
105409 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
oral and written objections and there were none.
Regular Session on Monday, August 21, 1995
. Ayes: Seven. Motion carried.
for his promotion to the position of Fire
Jordan/Collier
that the hearing be closed Ayes: Seven. Motion carried.
105410 - Anders/Murphy
that "Resolution confirming the approval of plans, specifications, form of contract,
etc. in conjunction with said project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-529.
105411 - Jordan/Collier
that "Resolution ordering construction on the above described project", be adopted
(bids will be opened and read on September 5, 1995). Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-530.
105412 - Anders/Mollenhoff
that proof of publication of notice of public hearing on specifications, form of
contract, etc. and taking of bids for Automated Refuse Carts, as published in the
Waterloo Courier on August 14, 1995, be received and placed on file. Ayes: Seven.
Motion carried.
105413 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
oral and written objections and there were none.
Kathy Oberle, 1101 Western, asked the council to consider re-examination of the low
income guidelines for garbage exemptions. She questioned whether there would be a
charge to customers for the receptacle. It was reported that receptacles would be
free.
Elaine Jaquith, 801 Cornwall, supports the move to volume based garbage and asked
if the customer would be responsible if the receptacle is damaged or stolen. Dick
Grimm stated that the City would be responsible for replacement in those instances.
Jordan/Anders
that the hearing be closed and oral and written comments be received and placed on
file. Ayes: Seven. Motion carried.
105414 - Getty/Murphy
that "Resolution confirming the approval of specifications, form of contract, etc.
in conjunction with said project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-531.
August 28, 1995 Page 2 �f
Hearings and Bids - continued
105415 - Murphy/Jordan
that "Resolution authorizing to proceed with the above described project", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-532.
105416 - Jordan/Collier
Bidder
to receive, file and instruct City Clerk to read bids and refer to Superintendent
of Streets/Sanitation for review (bids were opened at 1:30 p.m. today):
Add
Size Base Bid Option A Option B Option C
Elliott Equipment, Davenport, IA 35 $33.29 $34.09 $2.10 No Bid
65 $40.33 $41.13 $2.10 No Bid
95 $49.27 $50.07 $2.10 No Bid
Mid -Iowa Sold Waste Equipment Co.
Johnston, IA
Toter Inc., Statesville, NC
Rehig Pacific Co., Gurnee, IL
Solid Waste Equipment Co., Inc
Omaha, NE
Zarn, Inc., Reidsville, NC
Elliott Equipment Co.
Davenport, IA
New Method Equipment Co.
Cedar Rapids, IA
35 $30.48 $32.48 $2.50 No Bid
65 $37.97 $39.97 $2.50 No Bid
95 $41.40 $43.40 $2.50 No Bid
35 $38.00 $38.70 $2.50 No Bid
65 $40.80 $41.40 $2.50 No Bid
95 $44.25 $44.95 $2.50 No Bid
35 No Bid No Bid $4.00 No Bid
65 $43.50 No Bid $4.00 No Bid
95 $48.50 No Bid $4.00 No Bid
35 $29.93 $30.87 $2.70 No Bid
65 $34.98 $35.92 $2.70 No Bid
95 $39.11 $40.05 $2.70 No Bid
35 $37.26 $39.26 $3.00 $1.44
65 $51.18 $53.18 $3.00 $1.44
95 $57.94 $59.94 $3.00 $1.44
35 $33.29 $34.09 $2.10 No Bid
65 $38.94 $39.74 $2.10 No Bid
95 $48.58 $49.38 $2.10 No Bid
35 No Bid No Bid $3.36 No Bid
65 No Bid No Bid $3.36 No Bid
95 No Bid No Bid $3.36 No Bid
Ayes: Seven. Motion carried.
UNFINISHED BUSINESS
105417 - Murphy/Jordan
that communication from Assistant City Engineer transmitting recommendation of award
of contract in the amount of $73,168.76 to BW Contractors, Inc. of Waterloo, Iowa
in conjunction with F.Y. 1996 Sidewalk Repair Assessment Program - Zone 7, Contract
No. 489, be received, placed on file and "Resolution approving said award of
contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-533.
PETITIONS FROM PUBLIC
105418 Jordan/Murphy
that communication from City Engineer transmitting request of Gary Conner for a
waiver for a concrete driveway to be located at 1745 Wakonda Drive, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-534.
105419 - Jordan/Murphy
that communication from City Engineer transmitting request of Sondra M. Dyer for a
waiver for a concrete driveway to be located at 927 Burbank Avenue, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-535.
August 28, 1995
Petitions from Public - continued
105420 - Jordan/Murphy
Page 3
that communication from City Engineer transmitting request of Mrs. Michael Varco for
a waiver for a concrete driveway to be located at 931 East Donald Street, together
with recommendation of approval, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-536.
105421 - Getty/Jordan
that communication from Assistant City Engineer transmitting signage request from
the Hair Hut, The Difference, Second Impressions and the Frame Shop to temporarily
place signs on city right-of-way to be located at the corners of West Fourth Street
and Bayard, at West Fourth Street and Vermont Street, on Vermont at the alley
between West Third Street and West Fourth Street, on Bayard at the alley between
West Third Street and West Fourth Street, and the corner of West Fifth and Bayard
in conjunction with F.Y. 1995 Street Reconstruction Program, Contract No. 473,
together with recommendation of approval, be received, placed on file and
"Resolution approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-537.
105422 - Jordan/Murphy
that communication from Associate Engineer transmitting request of Criterion, Inc.
for a permit to maintain a concrete surface on city right-of-way along Tenth Street
for the purpose of parking at their business located at 1127 Sycamore Street, be
received, placed on file and approved. Ayes: Seven. Motion carried.
DOCUMENTS
105423 - Krizek/Collier
that communication from Assistant City Engineer transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $73,168.76 from BW Contractors, Inc. of
Waterloo, Iowa in conjunction with F.Y. 1996 Sidewalk Repair Assessment Program -
Zone 7, Contract No. 489, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-538.
105424 Anders/Mollenhoff
that communication from City Engineer transmitting an easement agreement with Cedar
Falls Utilities to install fiber optic transmission lines from an existing line at
the intersection of Wagner Road and Airline Highway to Allen Hospital, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor and
City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-539.
105425 - Getty/Murphy
that communication from City Planner transmitting Preliminary Plat of Carriage Hill
Third Addition, together with Engineer's Certificate of Survey, Deed of Dedication,
report of the City Engineer, and approval of the Planning, Programming and Zoning
Commission, be received, placed on file and "Resolution approving said documents",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-540.
RESOLUTIONS TO BE ADOPTED
105426 - Jordan/Murphy
that "Resolution approving and accepting a Warranty Deed from Young Plumbing &
Heating Co. to dedicate for street right of way purposes property to extend Marnie
Avenue approximately 82.71 feet to the southwest, parallel to U.S. 63 (Sergeant
Road) to serve as an access for the proposed Little River Development site", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-541.
105427 - Krizek/Murphy
that "Resolution approving participation in the State of Iowa Community Economic
Preparedness Program (CEPP) and creation of City of Waterloo Economic Development
Organization and designating the Cedar Skyline Corp. as representing the community
for purposes of participating in this program", be adopted.
August 28, 1995
Resolutions to be Adopted - continued
Prior to a vote on the above motion, the following discussion was heard.
Kathy Oberle, 1101 Western, asked who the members of the Cedar Skyline Corporation
were. Mike Hahn, Waterloo Redevelopment Authority Director, provided a list of the
board of directors for the Cedar Skyline Corporation.
Following discussion, a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-542.
Page 4
105428 - Krizek/Murphy
that "Resolution authorizing participation in the Main Street Program and
designating Councilpersons Scott Jordan and Barb Krizek and City Planner Don Temeyer
as the city officials to represent the City of Waterloo on the Local Non -Profit Main
Street Governing Board of Directors", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-543.
105429 - Jordan/Murphy
that "Resolution authorizing "Children Playing" signs to be erected on certain
streets throughout the city when requested by members of the city council and
authorizing the Mayor's office to coordinate said placing of signs", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-544.
ORDINANCES TO BE ADOPTED
105430 - Mollenhoff/Jordan
that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo,
Iowa, by adding Section 27-24, Possession of Tobacco by Persons Under Eighteen Years
of Age, and Supplying Tobacco to Persons Under. Eighteen Years of Age, Prohibited,
of Chapter 27, Offenses --Miscellaneous", be received, placed on file, considered and
passed for the first time.
Prior to a vote on the above motion, the following discussion was heard.
Kathy Oberle, 1101 Western Ave, asked what the penalty is for violators. Police
Chief Bernal Koehrsen reported that the violation is a simple misdemeanor and the
fine would be set by the magistrate.
Following discussion a vote was taken on the above motion with the following result.
Ayes: Seven. Motion carried.
105431 - Krizek/Collier
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Six. Nays: Getty. Motion carried.
105432 - Collier/Murphy
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: Seven.
Motion carried.
105433 - Mollenhoff/Collier
that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo,
Iowa, by adding Section 27-24, Possession of Tobacco by Persons Under Eighteen Years
of Age, and Supplying Tobacco to Persons Under Eighteen Years of Age, Prohibited,
of Chapter 27, Offenses --Miscellaneous", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4123.
BILLS PAYMENT
105434 - Krizek
that "Resolution approving Schedule AP640, pp. 1-58 dated August 28, 1995, in the
amount of $1,436,638.02, a copy of which is on file in the City Clerk's office", be
adopted, with Councilperson Mollenhoff abstaining on PV 15110. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-545.
August 28, 1995
NEW BUSINESS
105435 - Anders/Mollenhoff
Page 5
that communication from Waterloo Water Works General Manager transmitting request
of Joan M. and Stanley L. Thompson, owners, and Brian G. and Connie K. Nation,
contract buyers, to certify $780.00 for work performed by the Waterloo Water Works
at 1419 Franklin Street, be received, placed on file and "Resolution approving said
request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer
of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-546.
105436 - Collier/Anders
to instruct Superintendent of Streets/Sanitation to prepare specifications, form of
contract, etc. for the Downtown Snow Removal for the 1995-96 Winter Season be
received, placed on file and approved. Ayes: Seven. Motion carried.
105437 - Murphy/Jordan
that specifications, form of contract, etc. in conjunction with Downtown Snow
Removal for the 1995-96 Winter Season be received and placed on file. Ayes: Seven.
Motion carried.
105438 - Getty/Collier
that "Resolution preliminarily approving specifications, etc. in conjunction with
said project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-547.
105439 - Anders/Mollenhoff
that "Resolution setting date of hearing on specifications, etc. and taking of bids
as September 18, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above
described project", be adopted and City Clerk instructed to publish notice of
hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-548.
Travel Requests
105440 - Jordan/Collier
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Sang -Ki Han, Assistant City Attorney,
Practitioner seminar in Iowa City, Iowa on
exceed $185.00.
2. Jim Knavel, Street Foreman, to attend the
Exposition in Dallas, Texas on September
$770.00.
to attend Evidence for the Iowa
September 29, 1995, with costs not to
International Public Works Congress &
23-28, 1995, with costs not to exceed
3. Walter Reed, Executive Director; Robin Means and Cesar Velazquez, Human Rights
Specialists, to attend the 2nd Annual Civil Rights Summit in Kansas City,
Missouri on September 6-9, 1995, with costs not to exceed $438.65 each, including
the use of city vehicle.
4. Sue Fangman, City Clerk, to attend Iowa League of Cities Annual Conference in
Ames, Iowa on October 5, 1995, with costs not to exceed $130.00.
5. Bob Stevenson, Administrative Director, to attend the Iowa League of Cities
Annual Conference in Ames, Iowa on October 4-6, 1995, with costs not to exceed
$238.00.
Ayes: Seven. Motion carried.
MISCELLANEOUS
105441 - Murphy/Jordan
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:
1. Beer/Liquor License Permit Application
Class C
Uptown Lounge, 213-215 E. Fifth Street (Renewal) (Expires 9/5/96) (Includes
Sunday Sales)
The Jet, 451 W. Parker (New Owner) (Expires 9/3/96) (Includes Sunday Sales)
Casey's 218 Pub, 4010-4018 University (Renewal) (Expires 10/1/96) (Includes
Sunday Sales)
Yen Ching, 109 Commercial (Renewal) (Expires 9/12/96) (Includes Sunday Sales)
August 28, 1995 Page 6
Miscellaneous - continued
2. Beer License Permit Application
Class E
Econofoods, 1411 Flammang Drive (Renewal) (Expires 8/26/96) (Includes Sunday
Sales)
Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
105442 - Councilperson Collier asked for an update on the Martin Luther King Drive project.
Mayor Rooff stated that the project has been let and the contractors should begin
construction soon.
Tony Wilbur, of Wilbur Autobody, asked for assistance with the enforcement of the
parking on the parking ordinance. His business does utilize the area between the
sidewalk and street in the auto sales portion of the business. The area is
asphalted and in good appearance. There have been no complaints by neighbors about
this use and he would request the ability to continue using it for that purpose.
Mayor Rooff stated that the Public Works Committee would be addressing this issue
on Tuesday, September 5, 1995.
L. C. Hennessey, 717 Eastgate, reported he went to the Tama Casino and spoke with
one of the managers about the National Dairy Cattle Congress acquisition. The
manager stated that in his opinion any deal should include the disbanding of the NCC
board and releasing of Augie Masciotra from all duties as manager.
Marcella Gruver, 206 Moir, stated that as co -host with Elaine Jaquith she is
concerned about rumors suggesting any limiting of the choices for public access by
replacement with the Weather Channel. She reminded the council that TCI, the Cable
Commission and Waterloo Schools just recently settled a lawsuit for violation of
civil rights of Elaine Jaquith. She requested that the council be mindful of any
actions that would jeopardize citizens' freedom of speech.
Kathy Oberle, 1101 Western, stated that Hawkeye Community College issued bonds to
train workers at IBP and she is concerned that other tax abatements would be
considered for the expansion of Design Products. Mayor Rooff reported that no such
requests have been made. Ms. Oberle asked the Chief of Police to investigate an
incident where a citizen was rearended, then struck a train and was issued a
citation for failure to yield. She expressed the opinion that the community would
be better served if officers focused their attention on drug enforcement rather than
writing parking tickets.
Gloria Gehring, 421 Jane Street, introduced herself as a public access user. She
also helps to produce the show "Tell It Like It Is" which does fill a need for the
community. She requested the continuation of public access to cable users in
Waterloo.
Cullen Crawford, Logan Ave, asked for assistance from the police in disbanding a
bootlegging joint after 2:00 a.m. Police Chief Koehrsen was instructed to meet with
Mr. Crawford on this matter.
Ernie Boykin, PO Box 1438, reported that Lean Green crews were happy to be of
service to the City during their project to clean up several areas near Mobile and
Cherry Streets. She thanked the police department for their vigilance during this
effort.
Elaine Jaquith, 810 Cornwall, stated that she is happy to hear that there is no
intended removal of public access for the Weather Channel. The cause of the
misconception was founded by TCI's handling of the purchase of new equipment for
public access and then its reported breakdown during the airing of the tape of the
"Tell It Like It Is" show addressing the civil liberties lawsuit. She is concerned
with TCI's timeliness in repairing the equipment and asked the Mayor and Council to
consider sharing the public access on channel nine until the equipment is repaired.
Mayor Rooff directed Ms. Jaquith to make that proposal to the Cable Commission which
is the appointed authority for this issue.
Getty/Mollenhoff
that the above oral comments be received and placed on file. Ayes: Seven. Motion
carried.
Councilperson Krizek now absent at 8:03 p.m.
105443 - City Attorney Jim Walsh stated that discussion of purchase of the Brinker property
is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)
(1995) .
Getty/Mollenhoff
that the Council adjourn to Executive Session at 8:03 p.m. Ayes: Six. Absent:
Krizek. Motion carried.
EXECUTIVE SESSION
August 28, 1995
105444 - Mollenhoff/Collier
that the Council adjourn the Executive Session at 8:30
Krizek. Motion carried.
105445 - Collier/Jordan
p.m.
Page 7
Ayes: Six. Absent:
that the Council adjourn at 8:31 p.m. Ayes: Six. Absent: Krizek. Motion
carried.
Susan Fangman
City Clerk