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HomeMy WebLinkAboutMinutes-04/15/2002April 15, 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 15, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Ned DeBerg, Fire Chief. Pledge of Allegiance: Eric Thorson, City Engineer. ORAL PRESENTATIONS 116764 - George Warren, 226 West Fifth Street and a member of Main Street Waterloo, reported that Main Street Waterloo announced the award of contract for the construction of the Regional Business Center Parking Lot. The lot was required as part of the Regional Business Center, which transformed the old "Osco" building into an office space in downtown. Mr. Warren stated that it seems that the Waterloo Courier does all it can to stir things up about the award of contract, with three articles and two editorials. Mr. Warren stated he expects that from the Courier because that is how they sell papers. Mr. Warren stated what upsets him more is Councilperson Jordan's righteous remarks, and that Councilperson Jordan has a conflict of interest. The concern is that we could be excluded from Cedar Falls projects, but the council forgets about the hundreds of volunteers in Waterloo. Mr. Warren stated he is proud to be from Waterloo, and he believes Main Street Waterloo should support businesses that support Waterloo. Mr. Warren stated the city council is so quick to judge Main Street on one issue. Main Street Waterloo runs fifty plus events each year which bring businesses to our community. Main Street Waterloo acquired eight properties from Cedar Skyline Corporation, such as the Marsh Place which has been turned into affordable housing, the Regional Business Center (formerly the Osco Building) now occupied by Gilmor & Doyle Engineering Firm, and Main Street facilitated these things. The $250,000 loan to the Cedar Skyline Corporation for stabilization and asbestos removal at the former Osco Building was part of the baggage Main Street Waterloo inherited along with the eight vacant buildings. Mr. Warren stated council members owe an apology to Main Street Waterloo members. Berry/Clark that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 116765 - Hurley/Greenwood that the Agenda, as amended to add Item 30a, for the Regular Session on Monday, April 15, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 116766 - Clark/Jordan that the Minutes, as proposed, for the Regular Session on Monday, April 8, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. A presentation was made by West High School on West Fest. Mayor Rooff read a proclamation declaring April 22, 2002, as West Fest Day. Presentation of a plaque to Electric Park Ballroom commemorating its induction into the Iowa Rock 'N Roll Hall of Fame. Mayor Rooff read a proclamation declaring May 2002 as Iowa Rock 'N Roll Music Association/Oldies Rock 'N Roll Month. Mayor Rooff read a proclamation declaring April 21-27, 2002, as Arbor Week. UNFINISHED BUSINESS 116767 - Jordan/Getty that "Resolution setting new date of hearing on specifications, form of contract, etc. as April 29, 2002, at 5:30 p.m. in the City Hall Council Chambers and taking of bids for the F.Y. 2002 Outdoor Public Warning Sirens and Accessories, Contract No. 655", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-203. April 15, 2002 UNFINISHED BUSINESS CONTINUED 116768 - Welper/Greenwood that "Resolution setting conveyance of property generally under HUD Section 5(h) Plan for Public Housing Homeownership Program", publish notice of same. Ayes: Seven. new date of hearing located at Sale of be Page 2 as April 29, 2002, on sale and 1826 Robin Road for $74,000.00 Single Family Dwellings under the adopted and City Clerk instructed to Resolution adopted and upon approval by Mayor assigned No. 2002-204. 116769 - Martin Culpepper, 1731 Cottage Street and President of Cedar Valley Minority Contractors Association, stated that K. Cunningham Construction bid about $53,000 higher for concrete. Mr. Culpepper stated that concrete will last a lot longer, and some say the life for concrete is 20 years and the life for asphalt is 10 years. Mr. Culpepper asked the council to seriously look at the program developed by the Cedar Valley Minority Contractors Association. Mr. Culpepper demanded that the council stop this program. Mr. Culpepper stated that Aspro's bid only has 0.3 percent minority participation for this contract. Mr. Culpepper stated that W.C. Stokes is upset because Aspro was allowed to untie items. Eric Thorson, City Engineer, reported that about 18 years ago the city only received one concrete bid on the reconstruction project, so staff investigated how to get asphalt bids. The current specifications call for 6" concrete or 7%" asphalt, and the Engineering Department believes these specifications are equal. Dave Goodson stated that they had contacted the Department of Social Justice, and he asked what was the likelihood of Mayor Rooff making a decision to stop the process until we get this under control. Mayor Rooff responded that he cannot stop the project, only the city council has the authority to stop the process. Mayor Rooff reported that one year ago the city did not have sufficient representation of minority contractors, and Councilperson Berry and he begin meetings with the minority and prime contractors to reach a solution to ensure minority contractors did participate in all work citywide. Mayor Rooff stated he asked city departments for a list of all projects awarded this past year, and the total amount of the contracts was $6.2 million, with 8.3 percent ($514,000) minority participation and 2.7 WBE participation. Denter Corporation performed 23 percent of the demolition work for Community Development, and minority contractors did 37 percent of HUD projects. Mayor Rooff stated the reconstruction program is the biggest contract we let, yet only 1.3 percent of the work is done by MBE, when there is 11 percent MBE participation in citywide projects. Mayor Rooff reported that we have looked at a policy targeting small businesses, called the Department of Justice, but have not received an answer, and the Construction Department in Ames. Mayor Rooff stated he believes the city needs a program that mirrors the effort put forth by the Department of Transportation. Mayor Rooff stated it has been asked why there is 8.6 percent minority participation in the airport project. Pauline Company received 2 percent and a trucking firm from Illinois received 6.6 percent of the project. Mayor Rooff asked where are all the participants and why don't we get 5 percent participation. No one is happy or content with this program, it is not working, and there is not good minority participation in the street program. Mayor Rooff stated that Councilperson Berry asked him to set a percent for minority participation. Mayor Rooff stated that other policies have been researched, we have had many meetings and we are not getting anywhere. Mr. Goodson stated he is not a contractor, and he only knows what he has read in the newspaper, talked with contractors and heard at these meetings. Mr. Goodson stated that it is his understanding that the MBE participation for this project is $8,000 when the minority contractors are capable of doing 36.6 percent of the work. Mr. Goodson stated he heard an outside contractor bid on a project at the airport, and he was able to subcontract about 40 percent of the work and here we have 0.3 percent. Mr. Goodson stated this confuses and frustrates him because we need justice, fairness and equality for everyone. Mr. Goodson stated there has been a pattern over the years that MBEs do not get work here, they have to go out of county to get work. Mr. Goodson stated it appears Councilperson Berry is the only one courageous enough to say that something doesn't seem right. Mr. Goodson stated no one wants to give MBE an opportunity. If the council wants the city to move forward in terms of race relations and diversity, they should at least pretend they are going to do something. April 15, 2002 UNFINISHED BUSINESS CONTINUED Page 3 Nikita Rainey, 725 Columbia Street and an employee of Pauline Company, stated that the Iowa Department of Transportation uses Disadvantaged Business Enterprise (DBE). Ms. Rainey stated the minority contractors want a program with teeth in it, with rules in it. The city needs to be responsible to have a program in place. The city needs a program that will allow the Contract Compliance Officer to do his job. Ms. Rainey stated she spends all her money in Waterloo, but the majority of her money is made outside of Waterloo. Ms. Rainey stated the city needs a policy that gives it a number and covers the goal. Mayor Rooff stated that he asked if we have a $3 million project why not have 10 percent of the project in a separate contract, and he was told that would be a set aside, which we can't do. We cannot do set asides or quotas. Terry Phillips, 2107 City View and Vice President of Cedar Valley Minority Contractors Association, stated the prime contractors can meet goals, it is method and the way the city lets prime contractors operate in Waterloo. It is the way the city allows the prime contractors to do work in the city. Mr. Phillips stated the city needs to set a program in place and live by that program and our problems would be solved. Put a program in place, don't deviate and all the games will stop. Councilperson Getty stated the council received a letter from Jack Fellenzer which stated that 13 MBE/WBE firms were contacted, and the following five firms submitted quotes to Aspro, Inc.: Pauline Company, Denter Corporation, Quick Construction, Daniels Home Improvements, and Maranatha Trucking. Councilperson Getty asked how can you award work to someone who is not the low bidder. Mr. Phillips responded it is the method the prime contractor uses to put his bids together. He can make number appear to be whatever he wants them to be. There are items on the bid documents that sometimes hardly ever get use. Those dollars are moved down to make it look like minority contractors are higher. Mr. Phillips stated he has offered ideas on how to eliminate that type of stuff. This doesn't happen outside of city with Department of Transportation projects, only in Waterloo do we have these games. The prime contractor is playing games and the city council allows this to happen. Mr. Phillips stated we need a fair and equitable policy in place. Mr. Phillips stated he likes the suggestion to use certain items for minority contractors to bid to eliminate any possibility of moving numbers around. Mr. Phillips states it is the prime contractor's right to move those numbers around, that is not illegal. Mayor Rooff asked if Mr. Phillips was suggesting that the city council look at the minorities' bids line item by line item, with the low bids going to the prime contractor who gets the bid. Mayor Rooff asked if the city council looks at those line items and discovers the minority contractor is notthe low bidder, would Mr. Phillips accept that. Mr. Phillips responded yes, if the minority contractor is not low, they would not have a problem. Councilperson Welper stated that the city has had projects such as parking lots, sidewalks and the skate park, and no minority contractors bid when they could have been the prime contractor. Mr. Welper asked how can the city help the minority contractors if they don't submit bids. Mr. Phillips responded that he only found out about the park project on the last day, but the project was out of his realm, with other minority contractors it could be the workload. Mr. Phillips stated in this particular contract, the items he quoted were in excess of $650,000. Councilperson Berry stated that is exactly what Mr. VanDorn said, that after bidding and not getting the work, you might give up. W. C. Stokes stated that in regards to sending bids to 13 minority contractors those might not have been items these contractors bid. Not all 13 minority contractors do this kind of work. Mr. Stokes stated you can't keep saying low bidder because the city needs a goal and pool of minorities and needs to get the best, low bidder from that pool. Mr. Stokes stated you can't take high and low when its a package. Mr. Stokes asked how many sub contractors bid on prime items. Cliff Coney, 138 Alta Vista and President of the Black Hawk County NAACP, stated you can't blame the victims as they just want a fair percent. They want a goal and then go by it. Can't enforce it if there is no law. Mr. Coney stated the minority contractors are asking for guidance and a percentage, and lets give them one. Councilperson Berry stated that Mr. Phillips made a good suggestion, and she would like to ask the City Attorney if that is possible. April 15, 2002 Page 4 UNFINSIHED BUSINESS CONTINUED Jim Walsh, City Attorney, stated the city could require that prime contractor specify who they got bids from. We would need a dispute resolution, might need a reason for not accepting the bid. That kind of policy would cost more to administer. Councilperson Berry asked if that was something the council wants to do for those selected items. Councilperson Greenwood stated he talked to a lot of people, and their suggestion was to break the bid. Councilperson Welper asked if the council is becoming contractors. Mayor Rooff stated they want items they bid on better scrutinized. The council could take on the added responsibility of looking at those specific items. Reverend Terry Keys stated he has not been involved in this problem, but what concerns him is this moves Waterloo backwards in progress. It is time to resolve this issue, and he thinks that is necessary if we move forward with the dollars to be spent in this community. Reverend Keys pleaded with the council to quit going back, change the process and move forward and include everyone. Reverend Keys stated we don't need the negative publicity, but we need the kind that says we are all working together to succeed. Reverend Keys pleaded with the council to get this issue resolved. Councilperson Berry suggested this item be tabled for one week to give the prime contractor time to review numbers and make good faith effort. Councilperson Berry stated 0.3 percent minority participation is unacceptable. Councilperson Hurley stated that he has a copy of the April 26, 2001 council meeting where the same issue was discussed. Councilperson Hurley suggested to maybe rebid the project or pull information from the current bids. Mr. Walsh stated he cannot give legal advise on an issue that could end up in litigation. Mr. Walsh stated if the council wishes legal advise on this issue, he would ask the council to go into Executive Session. Councilperson Clark stated he does not support Councilpersons Hurley and Berry. Councilperson Clark stated he feels that we are too far into the process, and that everyone submitted bids in good faith. Councilperson Clark stated he, too, is frustrated reading the minutes from 51 weeks ago. Councilperson Clark stated the street reconstruction program needs to move ahead, but we need to continue formulating a program. Councilperson Clark stated that Jack Fellenzer submitted a program as did the minority contractors, and the council needs to look at those programs. Councilperson Jordan stated that we need to move on with the street reconstruction program. Councilperson Jordan stated if he thought this could be settled in a week he could support tabling this item, but that won't happen. This has always been an issue. Councilperson Jordan stated he will support the award tonight. Councilperson Getty stated he has difficulty saying to table or take no action tonight because everyone knows the bids. We could say to Aspro there are 38 items that the minority contractors are capable of doing, but can we legally do that. If we need to set a policy, lets do it for future contracts. Councilperson Getty stated he supports approving the award of contract tonight. Councilperson Welper stated he feels the city needs to get on with the project and asked if we could accomplish this in seven days, to resubmit the bids and look at them in seven days. Councilperson Welper stated he agrees with Councilperson Jordan. Councilperson Greenwood stated that as a small business owner he knows it is not fun to be in the middle of the playing field. Councilperson Greenwood stated he talked with the prime contractors and minority contractors. Councilperson Greenwood stated he talked with Jack Fellenzer to see if Aspro could add more of Stokes' bids to the project. It had to do with bundling. Councilperson Greenwood stated we need to proceed, but we have to have some type of program that mirrors we are a diverse city. Councilperson Greenwood stated the Iowa Code says we need to take the lowest bid, and that puts us in a tough situation. The council doesn't meet for two weeks, and we need a process. Councilperson Hurley stated the specifications went to prime contractors and the subcontractors. Councilperson Hurley stated he would like to see each bid line item by line item. If the prime contractors says combine line items, he feels the council can grasp that. Councilperson Hurley stated the council waited until April 26 last year to award the contract, and he feels we can afford to wait two more weeks on this project. • • April 15, 2002 UNFINISHED BUSINESS CONTINUED Page 5 Councilperson Berry stated she echoes Councilperson Hurley. Councilperson Berry stated she knows this is a hard decision as she has been going through this for one year. Councilperson Berry stated she cannot leave tonight knowing that out of $2.8 million only $8,000 was awarded to our citizens in this city. Councilperson Berry stated she would like to table this item and go back to Aspro and say we know minority contractors who bid and ask Aspro to incorporate those bids into this bid. Councilperson Clark stated he is concerned we could get into more hot water. Councilperson Clark stated any future contracts that have asphalt or concrete he would like the city to include a life cycle analysis, and that should be in the specifications. That should be part of the process and maybe cheapest is not always the best bid overall. Getty/Jordan that communication from City Engineer transmitting recommendation of award of contract in the amount of $2,833,571.14 to Aspro, Inc., and Subsidiaries of Waterloo, Iowa, in conjunction with F.Y. 2002 Street Reconstruction Program, Contract No. 646", be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Three. Nays: Berry, Welper, Greenwood, Hurley. Motion failed. Mayor Rooff stated that Aspro was the apparent low bidder, and we will need to decide how to proceed. Councilperson Berry stated we used the 1986 Contract Compliance Program for this program, and she knows there is at least 5 percent of work the minority contractors could do. Councilperson Berry stated that as mayor, Mayor Rooff needs to say we need 5 percent participation because there is 38 percent work that could be subcontracted. Mr. Walsh suggested that the council go into executive session at the end of tonight's meeting to discuss this issue. Jordan now absent at 7:05 p.m. PETITIONS FROM PUBLIC 116770 - Berry/Getty that communication from City Clerk transmitting request of Hoover Middle School for an exception to burning yard waste to burn % acre of prairie grass located on the west side of the school grounds next to the observatory in April or May 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: Five. Nays: Greenwood. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2002-205. 116771 - Berry/Getty that communication from Police Chief transmitting request of Waterloo Memorial Board to hold Memorial Day Parade on May 27, 2002, beginning at 10:30 a.m., with parade route to travel west on Commercial Street to Park Avenue, north to Mulberry Street, east to 5th Street and then south to Memorial Hall, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2002-206. 116772 - Berry/Getty that communication from City Engineer transmitting request of Jack Fitzgerald, Waterloo Community Schools, for a waiver for a concrete driveway to be located at 1224 Mobile Street, together with recommendation of approval, be received, placed on file. and "Resolution approving said request", be adopted. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2002-207. 116773 - Berry/Getty that communication from City Engineer transmitting request of Rodney Shimp for a waiver for a concrete driveway to be located at 5269 Foulk Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2002-208. April 15, 2002 Page 6 PETITIONS FROM PUBLIC CONTINUED 116774 - Berry/Getty that communication from City Engineer transmitting request of Farmers Lumber Company for a waiver for a concrete driveway to be located at 1014 Creston Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2002-209. Jordan now present at 7:10 p.m. Berry now absent at 7:10 p.m. DOCUMENTS 116775 - Hurley/Welper that communication from Assistant City Attorney transmitting an order accepting acknowledgment/settlement agreement with Triple J. Mart, 1807 LaPorte Road, in conjunction with settlement of violation of tobacco laws, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2002-210. 116776 - Hurley/Welper that communication from Assistant City Attorney transmitting an order accepting acknowledgment/settlement agreement with Kum & Go, 1976 Franklin Street, in conjunction with settlement of violation of tobacco laws, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2002-211. 116777 - Hurley/Welper that communication from Assistant City Attorney transmitting an order accepting acknowledgment/settlement agreement with Kwik Star, 324 Fletcher Avenue, in conjunction with settlement of violation of tobacco laws, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2002-212. 116778 - Getty/Greenwood that communication from Community Development Director transmitting a joint application with Black Hawk County Public Health Department for Cities United for Science Progress (CUSP) funds in the amount of $200,000.00 in conjunction with the Community Development Housing Rehabilitation Program for removal of lead-based paint hazards, associated costs in the older housing stock and continue lead paint training for area contractors, be received, placed on file and "Resolution approving said joint grant application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2002-213. 116779 - Jordan/Clark that communication from Building Official/Maintenance Administrator transmitting Completion of Project and Recommendation of Acceptance of Work performed by Borwig Building Services, Inc., of Waterloo, Iowa, in conjunction with West 5th Street Parking Ramp Improvements be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2002-214. • • April 15, 2002 • • DOCUMENTS CONTINUED 116780 - Clark/Greenwood Page 7 that communication from Chief of Police transmitting one-year Lease Agreement with Harley-Davidson Cycle Center, Inc., for two police motorcycles at a cost of $50.00 per month per motorcycle be received, placed on file and "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2002-215. Berry now present at 7:14 p.m. 116781 - Hurley/Greenwood that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $43,312.50 from Bowers Masonry, Inc., of Waterloo, Iowa, in conjunction with Cedar River/Exchange Skate Park and Basketball Court, 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. 2002-216. 116782 - Getty/Berry that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $2,833,571.14 from Aspro, Inc., and Subsidiaries of Waterloo, Iowa, in conjunction with F.Y. 2002 Street Reconstruction Program, Contract No. 646, be received, placed on file and tabled. Ayes: Seven. Motion carried. 116783 - Clark/Hurley that communication from Assistant Director of Aviation transmitting Grant Agreement with the U.S. Department of Transportation, Federal Aviation Administration Airports Division, in the amount of $69,950.00 for reimbursement of costs associated with security requirements after September 11, 2001, be received, placed on file and "Resolution approving said grant agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-217. 116784 - Getty/Jordan that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, at a total cost of $385,318.14 in conjunction with F.Y. 1998 West Airline Highway Bridge Over No Name Creek, BR -8155(30)-8N-07, Contract No. 560, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-218. RESOLUTIONS TO BE ADOPTED 116785 Berry/Jordan that communication from Superintendent of Traffic Operations transmitting request to temporarily allow parking on the north side of the 500 block of Maxwell Street until completion of construction on Grace Reformed Church be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-219. 116786 - Jordan/Berry that "Resolution changing assignment of the Waterloo Riverfront Stadium Lease from Northwest Sports, Inc., to Bucks Baseball, Inc.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-220. April 15, 2002 Page 8 RESOLUTIONS TO BE ADOPTED CONTINUED 116787 - Jordan/Berry that "Resolution changing date of City Council meeting from April 22, 2002, to April 29, 2002", adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-221. 116788 - Bill Bartels, 646 Summit Avenue, stated he is darn mad about the Riverfront Renaissance Plan. Mr. Bartels stated this is just like a game of chess having queens, knights, and pawns, and council members are all pawns. Mr. Bartels stated this plan was stared in 2000 for the elite people. Mr. Bartels stated he does not like the plan, and he will do everything he can to stop it. John Holmes, 425 Kingbaird, distributed a packet of information to council members. Mr. Holmes stated that Tabs A -C contain ten questions, and he asked the council to read the questions and try to answer them as it will answer questions such as Mr. Bartels' questions. Mr. Holmes stated there are a total of 32 pages and 32 questions. Mr. Holmes stated question number 1 asks whose plan is it, questions number 2 asks when did the council approve revision number 23 which was approved by Vision Iowa, and question number 3 asks when did the council approve revision number 22. Question number 6 asks when did the council adopt a resolution authorizing Waterloo Development Corporation to act on behalf of the city in coming up with the Riverfront Renaissance Plan, and question number 7 asks did that resolution contain statements of general policy so that the authority exercised by the Waterloo Development Corporation was not arbitrary. Question number 8 asks is the African-American Museum a major tourism facility with demonstrated substantial regional economic impact and question number 9 asks is the Cedar Valley Athletic Club a major tourism facility with demonstrated substantial regional economic impact. Mr. Holmes reviewed the African-American Historical & Cultural Museum's proposed operating budget. Mr. Holmes stated there are a number of athletic clubs/fitness centers already in existence in the Waterloo area, including: YMCA, YWCA, River Plaza, Cedar Valley Pro Fitness, Covenant Wellness Center and Allen Hospital Wellness Center. Mr. Holmes reviewed the membership costs for these facilities versus the family membership cost of $121 per month for the Cedar Valley Athletic Club. Mr. Holmes read the proposed ballot, and that 50 percent of the money will be for maintenance. Mr. Holmes stated he complained to Mr. Walsh last Friday and Mr. Walsh responded in a letter that "this is work in progress", meaning if I go to every meeting I will won't be able to keep up. Mr. Holmes asked the council if he can't keep up how will they. Mr. Holmes asked whose making the decisions and who benefits. Mr. Holmes asked the council if they vote yes tonight will the voters by August 20, 2002 be so turned off we will never have a one cent location option tax in Waterloo again. Mr. Holmes stated the taxpayers are not stupid, and if the city doesn't present a plan with value, it won't be approved. Lyle Taylor, 826 Skyview, stated he appreciates what Mr. Holmes said tonight. Mr. Taylor stated this organization has not represented the community since day one. This has been a good city council that has involved the community. The council is now just getting involved, but they have not been involved in the process. Mr. Taylor asked the council to set the resolution aside and get some real facts. Mr. Taylor stated he bets the council doesn't have the facts he has, but they should because they have to make the decision. Mr. Taylor stated he would hate to see the city risk the one cent local option tax for our streets and also the one cent local option tax for the schools. Michael Anthony stated he finds all of this funny because 24 years ago we had Mayor Leo Rooff, a downtown project and minority problems. The Waterloo Development Corporation is not inclusive, plus the meetings are held in secret. Mr. Anthony stated the council needs to take time out to look at the social barriers. Councilperson Welper stated he commends anyone who comes up with a plan to increase our tax base and asked if any of tonight's speakers have a plan. April 15, 2002 • • RESOLUTIONS TO BE ADOPTED CONTINUED Page 9 Mr. Holmes stated that the city is suppose to spend money on tourism items. The city use to be known for the National Dairy Cattle Congress. Mr. Holmes stated his plan would use the Dog Track with Hawkeye Community College and make it a center for vehicles that use electrical power and race them. He would redo Electric Park and bring back the National Dairy Cattle Congress. He would take the Cedar River out of the plan as it rises and falls according to the amount of rain we receive and it fills up with silt. His plan would include the Chain of Lakes for people who want to use power boats. Mr. Bartels stated he does not feel the city should spend $40 million on a wellness center. Mr. Bartels stated we are taking out six square blocks, eliminating jobs and putting all of this on one center block, and he does not feel we need this. Councilperson Getty asked if the council needs to take any action on the $16 million awarded to the city by Vision Iowa. Mr. Walsh responded that tonight the council just needs to address the referendum resolution, and documents related to the grant will come to the council after final approval by Vision Iowa. Councilperson Berry stated she is hearing that the community wasn't involved in this plan. Councilperson Berry asked if the city council is aware of all these questions and do we fully understand what is happening here. Mayor Rooff stated there have been dozens of meetings and the council attended some of them. The changes to the plan have been made at the direction of Vision Iowa. Mayor Rooff stated the council and Cedar Valley Corporation will be involved in decisions along with the public, and the public will vote on the referendum. Mayor Rooff stated that we haven't involved everyone because we didn't know if we would receive any funds. Mayor Rooff stated there will be a vote by the people, and we will accept their judgment. Mayor Rooff stated that he thinks we all agree we need to do something for our community. Councilperson Hurley stated that a week ago the council was labeled racists, and now he sees evidence of the same sickness that exists in Waterloo and keeps us from moving forward. The Waterloo Development Corporation has a lot of vision, they are looking forward, and if they have the withal to take a risk then they should get some benefit. Councilperson Hurley stated the city needs to move forward and needs to expand its tax base. Councilperson Hurley stated this has not been done in secret, and we have had a lot of meetings. Hurley/Clark that "Resolution approving a public referendum for August 20, 2002, to authorize the imposition of a local sales and service tax in the City of Waterloo, Iowa, at a rate of one percent (1%) to be effective on January 1, 2003", be adopted and City Clerk instructed to notify the Black Hawk County Board of Supervisors of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-222. ORDINANCES TO BE ADOPTED 116789 - Getty/Jordan that "an Ordinance amending the 2001 Waterloo Code of Ordinances as it pertains to adoption of the 2002 Waterloo Plumbing Code", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116790 - Jordan/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116791 - Clark/Jordan that "an Ordinance amending the 2001 Waterloo Code of Ordinances as it pertains to adoption of the 2002 Waterloo Plumbing Code", be received, placed on file, considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4547. April 15, 2002 BILLS PAYMENT 116792 - Jordan Page 10 that "Resolution approving Schedule AP640, pp. 1-98, dated April 15, 2002, in the amount of $1,440,318.61, 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 assigned No. 2002-223. NEW BUSINESS 116793 - Getty/Welper that communication from Superintendent of Streets transmitting request to seek bids for various asphalt emulsion/bituminous products used in conjunction with the Oiling, Seal Coating, Chip Sealing, Fog Sealing and Crack Sealing Programs be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-224. 116794 - Getty/Welper that communication from Community Development Director transmitting F.Y. 2003 One Year Action Plan for CDBG and HOME Program funds be received, placed on file and "Resolution setting date of hearing as May 6, 2002", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-225. TRAVEL REQUESTS 116795 - Berry/Jordan 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. Jerry Strouse, ICT Technician, to attend the NEC2002 Code Update Class in Waterloo, Iowa, on May 20, 2002, with costs not to exceed $165.00, including use of city vehicle. 2. Keith Rogers, Police Investigator, to attend Law Enforcement Intelligence Network (LEIN) Criminal Intelligence Course in Des Moines, Iowa, on May 6- 17, 2002, with costs not to exceed $625.00, including use of city vehicle. 3. Kim Bakker, Assistant Director of Aviation, to attend the AAAE Air Service Conference in Des Moines, Iowa, on April 7-9, 2002, with costs not to exceed $241.00. 4. Michelle Weidner, Chief Financial Officer, to attend GFOA Annual Conference in Denver, Colorado, on June 16-19, 2002, with costs not to exceed $1,631.00. 5. Shahaboddin M. Elahi, Traffic Engineer, to attend ITS America's 12th Annual Meeting in Long Beach, California, on April 27 - May 2, 2002, with costs not to exceed $390.00. Ayes: Seven. Motion carried. MISCELLANEOUS 116796 - Getty/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 and the following application for Outdoor Service Area be received, placed on file and approved: 1. Beer License Permit Application Class B Waterloo Softball Association, Burton & Longfellow Avenues (New) (Expires 10/18/02) (Includes Sunday Sales) Waterloo Women's Softball Association, Park Road and Burton Avenue (New) (Expires 10/25/02) (Includes Sunday Sales) • • April 15, 2002 MISCELLANEOUS CONTINUED Page 11 2. Beer License Permit Application Class C Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 5/13/03) (Includes Sunday Sales) 3. Liquor License Permit Application Class E Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 5/13/03) (Includes Sunday Sales) 4. Wine License Permit Application Class B Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 5/13/03) (Includes Sunday Sales) 5. Application for Outdoor Service Area Waterloo Softball Association, Burton & Longfellow Avenues 4/19/02 - 10/19/02 Ayes: Six. Abstain: Clark. Motion carried. BONDS 116797 - Jordan/Berry that the report of the City Attorney and list of bonds filed with the City Clerk through April 15, 2002, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. The council recessed at 7:55 p.m. The council reconvened at 8:03 p.m. 116798 - Jim Walsh, City Attorney, stated that potential litigation is an approved topic of Executive Session pursuant to Chapter 21(5)(c) Code of Iowa 2001. Hurley/Berry that the council adjourn to Executive Session at 8:04 p.m. Ayes: Seven. Motion carried. EXECUTIVE SESSION 116799 - Hurley/Berry that the council adjourn the Executive Session at 8:11 p.m. Ayes: Seven. Motion carried. 116800 - Hurley/Welper that the award of contract in the amount of $2,833,571.14 to Aspro, Inc. and Subsidiaries of Waterloo, Iowa in conjunction with F.Y. 2002 Street Reconstruction Program, Contract No. 646, be reconsidered. Ayes: Seven. Motion carried. 116801 Hurley/Berry that the award of contract in the amount of $2,833,571.14 to Aspro, Inc. and Subsidiaries of Waterloo, Iowa in conjunction with F.Y. 2002 Street Reconstruction Program, Contract No. 646, be tabled for further deliberation, and a special council meeting be held on April 25, 2002. Ayes: Four. Nays: Clark, Jordan, Getty. Motion carried. ADJOURNMENT 116802 - Jordan/Berry that the Council adjourn at 8:14 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk