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HomeMy WebLinkAboutMinutes-01/04/20061 • January 4, 2006 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Wednesday, January 4, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: David Meeks, Executive Director of Human Rights Commission. 122812 - Schmitt/Kincaid that the Agenda, as amended, for the Regular Session on Wednesday, January 4, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 122813 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, December 19, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 122814 - Schmitt/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-60, dated January 4, 2006, in the amount of $1,854,375.54, a copy of which is on file in the City Clerk's office. Resolution adopted and upon approval by Mayor assigned No. 2006-2. b. Motion to approve the following: 1. Mark Suchy, Golf Maintenance III, to attend Iowa Turfgrass Conference in Des Moines, Iowa on January 30 - February 1, 2006, with costs not to exceed $120.00 2. Kent Shankle, Curator, to travel to Milwaukee, Wisconsin and Chicago, Illinois on December 29-31, 2005, with costs not to exceed $655.00, including use of city vehicle. c. Beer License Permit Application Class C Stop N Save, 2100 Lafayette Street (New) (Expires 1/03/07) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Electric Park Ballroom, 310 West Conger Street (Renewal) (Expires 1/27/07) (Includes Sunday Sales) Ayes: Seven. Motion carried. HEARINGS 122815 - Welper/Kincaid that proof of publication of notice of public hearing on request of James Rooff to sell and convey for $500.00 city -owned property (house and garage only) generally located at 4330 Ansborough Avenue, as published in the Waterloo Courier on December 27, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122816 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 122817 - Welper/Schmitt that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. January 4, 2006 Page 2 Hearings continued Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated Planning and Zoning staff sent an e-mail to council regarding where Mr. Rooff is going to move the house. Don Temeyer, Community Planning and Development Director, reported that the house and garage will be moved to Bowers Street this winter, but it will be spring before they put in the basement. Mr. Temeyer stated that Mr. Rooff's offer was for the house and garage, but the letter sent to council members said house only. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-3. UNFINISHED BUSINESS 122818 - Gunderson/Welper that communication from Superintendent of Traffic Operations transmitting recommendation of award of contract in the amount of $32,800.00 to Crescent Electric Supply Co. of Waterloo, Iowa in conjunction with Purchase of Street Light Poles, TRF -126-06, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-4. REPORTS 122819 - Welper/Kincaid that communication from Chief Financial Officer transmitting City of Waterloo Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2005, be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated he and Michelle Weidner, Chief Financial Officer, had an exit interview with the auditors before Christmas. The audit is completed three months ahead of last year, and that is due to the auditors and staffing levels in the Finance Department. Mayor Hurley urged council members to read the executive summary and letter from Ms. Weidner. A press release was sent out today. Mayor Hurley stated it is a very positive audit, and he commended the Finance Department and all Department Heads and people who work for them. Mayor Hurley noted the General Fund, Local Option Tax Fund, Road Use Tax Fund, Sanitation Fund, and Sewer Fund all seem to be increasing, and our rainy day/savings accounts are increasingly getting to where they should be. Mayor Hurley commented that the findings decreased from seven reported in FYE04 to five for FYE05 with all but one actively being addressed, and there were no serious findings. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. DOCUMENTS 122820 - Kincaid/Cole that communication from Director of Cultural & Arts Commission transmitting Change Order No. 1 for a net decrease of $88,027.00 for work to be performed by Cardinal Construction of Waterloo, Iowa in conjunction with Waterloo Center For The Arts Youth Pavilion, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated that although there is a net decrease of $88,027.00, it seems like we are adding over $17,000.00 in additional items for the contractor. Cammie Scully, Director of Cultural & Arts Commission, responded there is about $12,000.00 added and about $100,000.00 deducts, with the taxes being deleted. Councilperson Getty stated there could have been over $105,000.00 in deducts, instead of just $88,000.00, because of the $17,000.00 added on. Councilperson Getty stated he understands that unforeseen things come up after a project is bid, but this change order has $17,000.00 additional costs, when we could have had $105,000.00 in deducts. January 4, 2006 Documents continued • Page 3 Mayor Hurley stated that steel prices continue to go up, and it looks like the rest are for infrastructure and engineering sort of things. Mayor Hurley stated the change order could be tabled until Monday evening to bring in representatives from Cardinal Construction or Invision Architects. Councilperson Getty stated he just wanted to bring this to the council's attention. Any time a contractor bids, he usually has 60 or 90 days to lock in that price. John Mixdorf, representing Cardinal Construction, stated they waited the 60 days that was on the contract, and then were asked to wait longer while things were approved. To do that, they went back to all the subcontractors, but the price of steel had jumped so high at the time, they told them they would hold their price except for steel because the price went up so Cardinal actually went beyond what was called for in the specifications. Mr. Mixdorf noted if it had been 40 days they would have held their prices. There was an unforeseen item which was removal of the sheet pilings, which was buried and not on the specifications and plans. The other items are changes made by the architect, such as rerod locations and waterproofing. Mr. Mixdorf stated when they bid the job they were told they would have an answer if there were going to get the job within 60 days. When that time came, they were asked if they would hold their price, they went back to the subcontractors to see if they would hold the price and the steel vendor would not hold it any longer and it went up. Mayor Hurley stated the final contract was approved by council. There was a 60 day window, but it took a longer time period to get everything through the council because we needed to line up the funding. The final approval was delayed from the time Cardinal submitted the successful bid. Councilperson Gunderson asked if the $88,000.00, which was gaming funds, would be allocated back to the General Fund, would those funds go back to the reserves. Mayor Hurley stated it is not money in hand, but money that was put into the bid that should not have been put in, and it is taxes they will have paid once they get the entire project done. Councilperson Gunderson stated money from the gaming funds were committed to the project and asked if we would be able to put that money back into that fund. Mayor Hurley stated we don't know at this point, but the way prices are going up he doesn't know if that won't be absorbed. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 122821 - Kincaid/Cole that communication from Police Chief transmitting an application with Iowa Governor's Traffic Safety Bureau for Alcohol Incentive Grant in the amount of $34,852.00, with no required match, to be used for overtime for alcohol-related offenses, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-5. 122822 - Kincaid/Cole that communication from City Clerk transmitting agreement with PSI Group Iowa to pick up mail at City Hall and pre-sort at a cost of $10.00 per day, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-6. 122823 - Kincaid/Cole that communication from Building Official/Maintenance Administrator transmitting 28E Agreement with Black Hawk County to provide parking enforcement in county parking lots at a cost of $1,388.00 per month, 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. 2006-7. January 4, 2006 Page 4 Documents continued 122824 - Kincaid/Cole that communication from Building Official/Maintenance Administrator transmitting Completion of Project and Acceptance of Work performed by DC Corporation of Waterloo, Iowa in conjunction with Fire Station No. 1 - Concrete Work, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-8. RESOLUTIONS TO BE ADOPTED 122825 - Greenwood/Getty that "Resolution designating the National Incident Management System (NIMS) as the basis for all emergency/incident response and management in the City of Waterloo, Iowa", be adopted. Prior to a vote on the above motion, the following comments were heard. Ned DeBerg, Fire Chief, explained NIMS is the National Incident Management System which was developed at the request of the President and developed by the National Emergency System. The system will make not only first responders but governments all across the Nation respond in the same way. The basis for the system is the Incident Command System, which was used many years ago by the military and also has been used by the fire service and law enforcement for a number of years. With big disasters, such as 9-11, Wilma, and Katrina, when different entities and different jurisdictions respond together they are all going to be working under the same system. It is a national system that all cities and governments will have to adopt. Federal grant funding will be hooked to it. Many city staff, representatives, Fire Department and Police Department have had the training. Adoption of the resolution is another step in the process. Mayor Hurley asked if it will cost the city anything to be standardized in terminology, communication and organizational structures. Chief DeBerg responded so far there has not been any cost to the city, but some funding from the federal government has been used to assist with the training of council members and other government entities. Following comments a vote was taken on the above motion, with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-9. NEW BUSINESS 122826 - Getty/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,837.77 for work performed by the Water Works at 202 Mulberry Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, 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. 2006-10. 122827 - Gunderson/Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with U.S. 20 Ansborough Avenue Interchange Project, Contract No. 667, STP -U-8155(616)-70-07, be received, placed on file and approved. Ayes: Seven. Motion carried. 122828 Gunderson/Schmitt that plans, specifications, form of contract, etc. in conjunction with U.S. 20 Ansborough Avenue Interchange Project, Contract No. 667, STP -U-8155(616)-70-07, be received and placed on file. Ayes: Seven. Motion carried. 122829 - Gunderson/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-11. • • January 4, 2006 • • New Business continued 122830 - Gunderson/Schmitt Page 5 that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as January 17, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported this is the actual construction contract, and because of the partial federal funding in the contract, it will be let through the state's bidding procedures. The city will have the public hearing on January 17, 2006 and the bids will be opened on January 18, 2006 by the state. The consultant has prepared the plans and specifications, they have been reviewed and approved by the state and are now in the hands of the state. The state distributes them to all the bidders and will take the bids. The contract will come back to the council for approval. Mr. Thorson stated the plans and specifications are probably already available to the contractors. The city just needs to hold a public hearing before the bid opening and this was the closest Monday before the date of bid opening. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-12. ORAL PRESENTATIONS 122831 - Pastor Larry Holmes, 429 West Donald Street, stated he is a former resident of Waterloo, living here from 1989 - 1998 and during that time he established a church, New Life Christian Ministries located at 1427 Jefferson Street. Since that time he is no longer affiliated with that church, he is a Katrina victim who has decided to move back to the area. Pastor Holmes stated since being here he has seen a lot of the problems taking place along the Fourth Street Corridor, and it is his intention to open the Real Truth Church. He would like to make the city aware that they have a desire, if at all possible, to get some of the property at Chamberlains on Fourth Street because it is located right by the problem area. Pastor Holmes stated some of the programs they have in place will be targeting ages 15 and above, which seems to be the problem age group in this area. The main purpose of the programs will be to provide educational opportunities in the form of scholarships for individuals and hopefully encourage the kids to excel in career trade opportunities.. They will be providing activities which will instill positive attitudes in these young people and help them become productive citizens and improve their quality of life and conditions in the community. Pastor Holmes stated he has spoken to Don Temeyer and was told the city has not yet received the property but would be in the next week or so. Pastor Holmes stated he asked Mr. Temeyer if there would be a walk through to see what was salvageable on the property and if they would be allowed to attend. Pastor Holmes stated their interest in the property is not just for the church but to provide opportunities for some of the young kids in the community by some of the activities planned. For example, they will have a car show inviting the kids to participate. Once they have the backing, the first place prize would be a full scholarship to auto body paint and repair or auto mechanics. For the second place prize, they will be looking for one of the vendors in the area to provide a set of tires and wheels for the car. Third place prize would be $100.00 and fourth place prize would be $50.00. Pastor Holmes stated all the other activities are targeted in the same manner because what they are looking to do is get them into school and provide them an atmosphere where they have an alternative to what they are involved in now. Mayor Hurley encouraged Pastor Holmes to say in contact with the Planning office with either Mr. Temeyer or Noel Anderson, so that he could stay apprised on the property. Don Temeyer, Community Planning and Development Director, reported the city received title to the property on December 31, 2005. The city is working with EPA who are in discussions with Chamberlain as to what their responsibilities are for mediation of the site, so chances are no one will be able to use the site until that time. All power has been cut off at the site, there is no electricity or gas. Mr. Temeyer stated they will be working with Pastor Holmes as there are some buildings that may be useable in the future but not until the city finds out what EPA and Chamberlain are going to do. Schmitt/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. January 4, 2006 Page 6 ADJOURNMENT 122832 - Welper/Schmitt that the Council adjourn at 6:05 p.m. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated there was a note from Mediacom in the council's packet. He has received several phone calls about RFD. Mediacom removed RFD a couple of weeks ago, and they have rescinded their decision and are going to put it back on its current channel position. Mediacom asked that we pass along this information to any concerned customers who might call in the future. Mayor Hurley noted that his office received a number of calls about RFD. Following comments a vote taken on the above motion with the following result. Ayes: Seven. Motion carried. `Nano ckert, CMC City Clerk