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HomeMy WebLinkAboutMinutes-04/08/2002April 8, 2002 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 Monday, April 8, 2002. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Getty, Hurley. Invocation by: Michelle Weidner, Chief Financial Officer. Pledge of Allegiance: Jim Walsh, City Attorney. ORAL PRESENTATIONS 116728 - Dave VanDorn stated he has lived here all his life, graduated from UNI with a Construction Manager degree and Business minor. Mr. VanDorn stated Main Street Waterloo sent out plans and specifications soliciting bids for a small parking lot. Mr. VanDorn reported he took the time to submit a bid and was the low bidder, with a bid of $87,420, which was $5,600 lower than the next low bidder, Bowers Masonry. Mr. VanDorn stated he was informed that he did not get the bid because he was not from Waterloo, and Bowers donated $6,000 to Main Street Waterloo to undercut his bid. Mr. VanDorn stated he does not understand what good it does to submit a bid if bids could be opened and adjusted. Mr. VanDorn stated Main Street receives taxes from the city, and he asked the council to look at what happened and why. Councilperson Getty stated he contacted Main Street Waterloo, but they were out of town and unavailable to talk to him. Councilperson Getty stated that is not the way the city does business. Jim Walsh, City Attorney, stated Main Street Waterloo is not a city agent or department. The city does not decide how Main Street is going to spend their money. Mr. Walsh stated this is not a city contract, and the city has precise procedures to follow. The city awards its contracts to the lowest, most responsible bidder no matter where the contractor lives. Mr. Walsh stated if this were a city contractor this would not happen. Mr. Walsh recommended Mr. VanDorn contact a private attorney. Councilperson Clark stated he feels the council needs to talk to Main Street Waterloo as there may be a plausible explanation from them. Councilperson Clark asked if the council could offer a resolution encouraging Main Street Waterloo to reverse their decision. Mr. Walsh responded that we could not ask Main Street to go backwards, but we could request forward action. Councilperson Jordan asked who designed the project. Eric Thorson, City Engineer, stated that about a year ago the City Engineering Department was asked to design the project. Mr. Thorson stated that his department did not get involved in the bidding process. Mr. Thorson reported that any stake out and inspection will be performed by the city. Councilperson Jordan asked if the city charges back to Main Street and Mr. Thorson responded that the city does not charge back Councilperson Jordan stated the city provides people, and it paints that the city is doing something unethical. Councilperson Jordan wants Main Street Waterloo's decision reversed. Councilpersons H Berry agreed with Councilperson Jordan. Waterloo, to them. a picture stated he urley and Councilperson Getty stated that the council concurs that the action by Main Street Waterloo was not right, and the city will talk with representatives of Main Street Waterloo. Clark/Hurley that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 116729 - Jordan/Hurley that the Agenda, as amended to delete Item 2 and add Item 14a, for the Regular Session on Monday, April 8, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 116730 - Berry/Jordan that the Minutes, as proposed, for the Special Session 2002, at 8:30 a.m. and Regular Session on Monday, April 1, be accepted and approved. Ayes: Seven. Motion carried. on Thursday, March 28, 2002, at 5:30 p.m., Mayor Pro Tem Getty read a proclamation declaring April 7-13, 2002, as National Boys & Girls Club Week. April 8, 2002 Page 2 Mayor Pro Tem Getty read a proclamation declaring April 18, 19 and 20, 2002, as Disabled American Veterans Forget -Me -Not Days. Mayor Pro Tem Getty read a proclamation declaring April 13, 2002, as Sons of the Union Veterans Day. Presentation of American flag for City Hall by Wayne Billman and Randy E. Miller from the American Legion and VFW. HEARINGS AND BIDS 116731 - Jordan/Hurley that proof of publication of notice of public hearing on the F.Y. 2002 Street Reconstruction Program, Contract No. 646, as published in the Waterloo Courier on April 1, 2002, be received and placed on file. Ayes: Six. Nays: Berry. Motion carried. 116732 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. Nikki Rainey, 725 Columbia Street, read a prepared statement. Mr. Rainey stated that as an employee of a contracting firm she does support improvements to the city. Ms. Rainey stated her job provides for her family. Ms. Rainey stated she feels the city has a responsibility to have in place a Minority Contract Compliance Program. Ron Dixon, Chairperson of the Human Rights Commission, stated that all council members received a letter from him in relationship of letting this contract. Mr. Dixon stated that letting of the 2002 Street Reconstruction Project is one example of a process that has an adverse impact on a group of people who are capable of performing up to 30 percent of the work requested. Mr. Dixon stated this amounts to "Disparate Impact" which is unfair discriminatory practice under local, state and federal Civil Rights Laws. Mr. Dixon stated that the City of Waterloo Mission and Objective Statement, Objective Number 6 states, " Eliminate any barriers that now exist for the minority community by creation and support of minority businesses, and continuing to support affirmative action throughout the City." Mr. Dixon stated that minority contractors' participation in city contracts has been a historical problem and cannot be resolved by a committee of contractors with competing interests. Mr. Dixon stated the policy development and decision rests with the city council and is administered by the contract compliance manager. Mr. Dixon urged the council to set a reasonable goal of participation for the 2002 Reconstruction Project and develop an enforceable policy of participation for minority contractors and other minority businesses in city contracts. Mr. Dixon stated the Human Rights Commission feels the mayor and council have a responsibility to make sure there is fair play in city contracts. Mr. Dixon stated he contacted the Justice Department in Kansas City, and they were willing to send a representative to Waterloo to work with the city council to make sure there is fair play in the city. Mr. Dixon asked the council to live up to their responsibility and assure the citizens we will have fair practices in the city. Mr. Dixon stated he hopes the city will take advantage of the Justice Department in Kansas City and have them participate in how the city distributes to minority contractors. Councilperson Berry stated everyone understands her feelings on the Street Reconstruction Program. Councilperson Berry stated she understands why we need the streets repaved and that citizens want nice roads. Councilperson Berry stated she will vote against this project because the city does not have a program in place that is a just program. Councilperson Berry stated she feels the 1986 Minority Contract Compliance Program is not a productive program, and that is why the city has problems. Councilperson Berry stated that earlier this evening we heard from Mr. VanDorn regarding his low bid for the Main Street Waterloo project, and his concerns are just as important to her. Councilperson Berry stated that this process has been difficult for her, but the city does not have a program in place and she cannot vote in favor of this project. Councilperson Berry stated she would prefer the city table this project indefinitely. Councilperson Berry stated we are in a Catch 22 because we do not have a policy in place and yet the citizens need their streets repaired. Councilperson Jordan asked if there was minority participation in tonight's bids. Councilperson Getty responded we will not know the minority participation until the bids are opened and they are brought back to the council next week. • • April 8, 2002 • • HEARINGS AND BIDS CONTINUED Page 3 Dave Goodson, 226 Madison, commended Councilperson Berry for being the lone ranger on this issue and the only conscientious objector. Mr. Goodson stated he feels the city continues to move itself backward, and he does not know how the city can move forward without a program in place. Mr. Goodson stated he does not feel the minority contractors get a fair chance. Mr. Goodson stated this process upsets and angers him and other African Americans in the community. Mr. Goodson stated he calls this racism and whether the council is aware of it or not, they are all guilty of this. Mr. Goodson stated this is a very unjust decision to vote to move forward when others are left behind. Mr. Dixon stated the council has the power to set a percent of minority participation, and he would like a minimum of 10 percent minority participation on this project. Councilperson Hurley asked if Mr. Dixon wanted 10 percent minority participation regardless of low bidder. Mr. Dixon responded they would have to be the low bidder and qualified to bid. Mr. Dixon stated that it has been established by the minority contractors that they are qualified to do 30 percent of the work for this project, and the city should give them their just due. Mr. Dixon again asked the council to contact the Department of Justice in Kansas City as they are willing to send a representative to Waterloo immediately to work with the council. Jordan/Clark that the hearing be closed, letter of objection from Chairperson of Human Rights Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 116733 Jordan/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2002 Street Reconstruction Program, Contract No. 646", be adopted. Ayes: Five. Nays: Berry, Hurley. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-187. 116734 Jordan/Welper that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Five. Nays: Berry, Hurley. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-188. 116735 - Jordan/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Aspro, Inc. & Subsidiaries, Waterloo, IA Cunningham Construction Co., Inc., Cedar Falls, IA Peterson Contractors, Inc., Reinbeck, IA Bid Bond 5% 5% 5% Ayes: Six. Nays: Berry. Motion carried. UNFINISHED BUSINESS 116736 - Berry/Jordan Base Bid + Alternate A $2,833,571.14 Base Bid + Alternate B $2,887,134.36 $2,887,866.78 that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $43,312.50 to Bowers Masonry, Inc., of Waterloo, Iowa, in conjunction with Cedar River/Exchange Skate Park and Basketball Court Project, be received, placed on file and "Resolution approving said award of contract", be adopted. Prior to a vote on the above motion, the following comments were heard. April 8, 2002 Page 4 UNFINISHED BUSINESS CONTINUED Councilperson Hurley asked if any minority contractors bid on this project. Rick Curran from the Leisure Services Department responded that Denter Corporation was mailed a bid document, and that Jack Fellenzer contacted other minority contractors, but no minority contractors bid on the project. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-189. 116737 - Welper/Berry that communication from Superintendent of Traffic Operations transmitting recommendation of award of contract in the amount of $167,926.45 to General Traffic Controls, Inc., of Spencer, Iowa, in conjunction with Red and Don't Walk LED Replacement Project, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-190. PETITIONS FROM PUBLIC 116738 - Hurley/Jordan that communication from City Clerk transmitting request of Castle Hill School for an exception to burning yard waste to burn a prairie grass area approximately 60 x 60 feet located at 1720 Maynard Avenue on April 17, 18 or 19, 2002, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-191. 116739 - Clark/Greenwood that communication from Assistant City Planner transmitting request of Northland Products Company, Inc., to rezone from "R-2" One and Two Family Residence District to "R -2,C -Z" Conditional One and Two Family Residence District property generally located along Rainbow Drive near the intersection with Hanna Boulevard for the purpose of constructing an office building, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 6, 2002, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval of Mayor Pro Tem assigned No. 2002-192. 116740 - Jordan/Welper that communication from Assistant City Planner transmitting request of Joseph M. Minard to vacate ten -foot utility easement generally located west of Aspen Drive just east of the city limits to accommodate proposed residential development, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 6, 2002, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-193. REPORTS 116741 - Jordan/Berry that communication from Chief Financial Officer transmitting February 2002 Financial Report, with total revenues in the amount of $3,428,128.81 and total expenditures in the amount of $5,134,501.21, be received and placed on file. Ayes: Seven. Motion carried. • • April 8, 2002 DOCUMENTS 116742 - Berry/Jordan • • Page 5 that communication from Associate Engineer transmitting Right of Entry Agreement with Modern Painting, Inc., to allow temporary access driveway across property generally located at 1010 Upton Avenue in conjunction with F.Y. 2002 Street Reconstruction Program, Contract No. 646, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-194. 116743 - Greenwood/Jordan that communication from Assistant City Planner transmitting Final Plat of Ekho Ridge Addition, together with Staff Report, Engineering Department's review letter, Deed of Dedication, Contract, Petitions and Waivers and Certificate of Survey, and request to rescind Resolution No. 2002-151 be received, placed on file and "Resolution approving said Final Plat and rescinding Resolution No. 2002-151", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-195. 116744 - Hurley/Berry that communication from City Planner transmitting an agreement with the U.S. Department of Commerce authorizing to proceed with acquisition of properties along the Cedar River in conjunction with Economic Development Administration (EDA) Special Purpose Grant for the Rath Area Brownfields Redevelopment Initiative be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-196. RESOLUTIONS TO BE ADOPTED 116745 - Welper/Hurley that communication from Assistant City Planner transmitting request to extend the moratorium on placement of half -way houses in residential zoning classifications for an additional sixty days be received, placed on file and "Resolution approving said extension of moratorium", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Berry asked why the city is extending the moratorium. Don Temeyer, City Planner, responded the moratorium allows the city to continue to work with the different halfway houses and define the definition of a halfway house. Mr. Temeyer stated that currently the city could not stop placement of a halfway house in a residential area. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-197. BILLS PAYMENT 116746 - Jordan/Hurley that "Resolution approving Schedule AP640, pp. 1-63, dated April 8, 2002, in the amount of $1,519,835.70, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-198. NEW BUSINESS 116747 - Clark/Jordan that appointment of Bradley Hagen to the position of Director of Aviation, effective April 22, 2002, be received, placed on file and approved. Ayes: Seven. Motion carried. April 8, 2002 NEW BUSINESS CONTINUED Page 6 116748 - Clark/Jordan to instruct Traffic Operations Superintendent to prepare specifications, form of contract, etc. in conjunction with F.Y. 2002 Outdoor Public Warning Sirens and Accessories, Contract No. 655, be received, placed on file and approved. Ayes: Seven. Motion carried. 116749 - Jordan/Greenwood that specifications, form of contract, etc. in conjunction with F.Y. 2002 Outdoor Public Warning Sirens and Accessories, Contract No. 655, be received and placed on file. Ayes: Seven. Motion carried. 116750 - Jordan/Berry that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-199. 116751 - Jordan/Greenwood that "Resolution setting date of hearing on specifications, form of contract, etc. as April 22, 2002, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-200. TRAVEL REQUESTS 116752 - Clark/Greenwood that the following travel requests, which satisfy a public purpose, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Timothy Pillack, Internal Affairs 24, 2002, with vehicle. Police Lieutenant, to attend Trends and Techniques in certification course in Louisville, Kentucky, on May 19 - costs not to exceed $1,209.00, including use of city 2. Adam Galbraith, Police Officer, to attend Highway Drug Investigations course in Johnston, Iowa, on May 14-16, 2002, with costs not to exceed $120.00. 3. David Bovy, Albert Bovy and Joseph Zubak, Police Officers, to attend ILEA Basic Level 1 Officer Certification Course in Johnston, Iowa, on April 15 - July 12, 2002, with total costs not to exceed $8,466.17. Ayes: Seven. Motion carried. MISCELLANEOUS 116753 - Berry/Welper 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 the following application for Outdoor Service Area be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class A Club Sunnyside Country Club, Inc., 1600 Olympic Drive (Renewal) (Expires 4/14/03) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Blue Bird Lounge, 921 Broadway Street (Renewal) (Expires 4/22/03) (Includes Sunday Sales) 3. Beer License Permit Application Class C Triple J Mart, 1807 LaPorte Road (Renewal) (Expires 4/8/03) (Includes Sunday Sales) April 8, 2002 MISCELLANEOUS CONTINUED Page 7 4. Application for Outdoor Service Area Sunnyside Country Club. Inc., 1600 Olympic Drive - 04/14/02 thru 04/14/03 Ayes: Six. Abstain: Clark. Motion carried. BONDS 116754 - Jordan/Hurley that the report of the City Attorney and list of bonds filed with the City Clerk through April 8, 2002, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 116755 - Welper/Jordan that the Council adjourn at 6:31 p.m. Ayes: Seven. Motion carried. Nanc1N Eckert City Clerk