HomeMy WebLinkAbout03.22.2021 work session minutes COUNCIL WORK SESSION
Monday, March 22, 2021
5:30 p.m.
Meeting was held via Zoom.
Members present: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, and Juon.
159697 -Juon/Grieder
that the Agenda, as proposed, be approved. Voice-vote Ayes: Seven. Motion carried.
159698 -Juon/Grieder
that the Minutes of March 15,2021,as proposed,be approved. Voice-vote Ayes: Seven. Motion
carried.
159699 -Juon/Grieder
Motion approving Change Orders 6, 7, 8 and 9 from Cardinal Construction of Waterloo, Iowa
for an increase of$20,755, in conjunction with the Five Sullivan Brothers Convention Center
Addition and Lobby Renovation Project, and authorizing the Mayor to execute said documents.
Voice-vote Ayes: Seven. Motion carried. Note: Mr. Morrissey voted to abstain on the item,
however he did not provide a reason. According to the city code (1-4A-28), abstentions shall
only be used in the case of a conflict of interest. An abstention declared for any reason other
than a conflict of interest shall be recorded as a vote in the affirmative.
Mr. Morrissey questioned whether council is able to vote during a work session.
Kelley Felchle, City Clerk, explained that when council amended the rules of procedure they
allowed voting to occur on work session topics. The voting on these topics was to be limited to
recommendations to move an item forward to regular session or require further study. In this
scenario, the change orders are being considered an emergency as work needs to be completed
at the convention center in order for scheduled to occur on time. She stated that is up to council
whether they want take action at this time.
Mr. Morrissey questioned whether the public can comment on work session items.
Kelley Felchle stated that traditionally the public does not provide comment at work sessions.
Mr. Boesen requested an overview of the item.
Noel Anderson, Community Planning and Development Director, provided an overview of the
change orders and explained that the fire doors were left out of the specs during bidding. The
change order would get work on those completed.
Mr. Boesen commented that he is disappointed that the fire doors were not included in the
original specs as they would be required as part of the wall for that sort of opening. He further
questioned the phrase, "to be determined at a later date" included in the change order and
requested an overview of the meaning.
Michelle Weidner, Chief Financial Officer, explained that the city will take a credit on a future
payment to ISG for 50% of the doors. She added that it is not that the architect did not know
that the doors needed to be included in the specs, rather it is they just got left off somehow.
Mr. Morrissey requested a legal opinion on voting on the change order during a work session,
given that the public is not weighing in and if we are in compliance with open meeting laws.
Kelley Felchle commented that the notice of the meeting and items on the agenda conform to
Iowa Open Meeting Laws.
Mayor Hart added that if someone from the public wants to speak to this change order they are
welcome to do so.
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Mrs. Klein commented that the whole cost of the fire doors should be paid by ISG.
Mayor Hart questioned if anyone from the public is online to speak.
Kelley Felchle commented that nobody from the public registered to speak to the change order
and outside of the Courier Reporter, nobody from the public is on the zoom meeting.
Mr. Morrissey asked for a legal ruling on whether the city is violating the open meeting laws.
Mayor Hart commented that he respects Mr. Morrissey's concern and that council could set a
special meeting to approve the change order at a later date. He stated that he has opened dialogue
up to the public and the meeting was posted in accordance with open meeting laws.
Mr. Boesen commented that he thought they addressed this with the new rules of procedure,
where items like this could be set for planning sessions or special sessions that need to be
addressed due to the long time frame between meetings.
Mr. Morrissey added that this is not a fifth meeting of the month.
Mayor Hart clarified Mr. Boesen's point that the city needs to have flexibility to vote on issues
that come up between meetings.
Mrs. Juon commented that the city is not required to have public comment except at public
hearings.
Mr. Morrissey commented that he wants to receive a legal opinion to ensure that the council is
on solid footing when voting on this item and added that this does not fit with past practice.
Mrs. Klein questioned if the meeting is being aired live because she is receiving text messages
that the public is not finding the meeting on the cable access channel.
Mayor Hart commented that Cable Access is on this call.
Mr. Feuss commented that it is being broadcast live on the YouTube channel with seven people
viewing the meeting.
Mayor Hart stated that if council does not feel comfortable they should vote no. He added that
there is a delay on the Cable Access Channel but that meeting will be broadcast on the channel.
Objective: Discussion of the Capital Improvements Plan.
Michelle Weidner, Chief Financial Officer, Noel Anderson, Community Planning and
Development Director, and Jamie Knutson, City Engineer, discussed the Capital Improvements
Plan with Mayor Hart and City Council members.
Objective: Discussion of the FYE2022 budget.
Michelle Weidner, Chief Financial Officer, discussed options for the FYE2022 budget with
Mayor Hart and City Council members. A special hearing will be held on Thursday, March 25
at 5:30 p.m. in the Shoitz Room at the Waterloo Center for the Arts to adopt the budget.
159700 -Juon/Feuss
that the meeting be adjourned at 7:06 p.m. Voice-vote Ayes: Seven. Motion carried.
Kellef -T-elclle
Kelley Felchle, City Clerk