Loading...
HomeMy WebLinkAboutMinutes-03/18/2002• • March 18 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, March 18, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Jordan, Hurley, Getty. Absent: Greenwood, Clark. Invocation by: Reverend Mary E. Robinson, All Nation's Community Church. Pledge of Allegiance: Councilperson Tim Hurley. ORAL PRESENTATIONS 116630 Shelly Watkins, 1243 Columbia, stated she lives in a high drug neighborhood and has been terrorized for six years. Ms. Watkins stated law enforcement are reluctant to help her, she has videos, but police tell her she should move from that neighborhood. Ms. Watkins stated she cannot go anywhere without being stalked. Ms. Watkins asked that the council create a citizens review board for people like her so they won't have to fear talking to public safety. Mayor Rooff asked Police Chief Tom Jennings to meet with Ms. Watkins after the meeting. Councilperson Berry reported she was at a meeting when a gentleman approached her about the stop lights by St. Edwards Catholic School, and asked what about stop lights for Hammond and Ridgeway Avenues. Getty/Hurley that the above oral comments be received and placed on file. Ayes: Five. Absent: Greenwood, Clark. Motion carried. 116631 - Hurley/Jordan that the Agenda, as proposed, for the Regular Session on Monday, March 18, 2002, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Greenwood, Clark. Motion carried. 116632 - Berry/Welper that the Minutes, as proposed, for the Regular Session on Monday, March 11, 2002, at 5:30 p.m., March 12, 2002, Executive Session, and March 8, 2002 Budget Hearing be accepted and approved. Ayes: Five. Absent: Greenwood, Clark. Motion carried. Mayor Rooff read a proclamation declaring March 2002 as "Lou Henry Hoover Month". Mayor Rooff presented a Certificate of Appreciation to Marlene Ackerman for 30 years of service. Mayor Rooff recognized the Iowa Department of Economic Development's Community Betterment Award winners: Sergeant Larry Thompson for the 2001 Good Neighbor Award; Church Row Historic Neighborhood Association for Second Place in the Neighborhoods Category; and Unity Neighborhood Association for Third Place in the Neighborhoods Category. HEARINGS AND BIDS 116633 - Getty/Hurley that proof of publication of notice of public hearing on Cedar River/Exchange Skate Park and Basketball Court Project, as published in the Waterloo Courier on February 27, 2002, be received and placed on file. Ayes: Five. Absent: Greenwood, Clark. Motion carried. 116634 - This being the time and place of public hearing the Mayor called for written and oral objections and there were none. Jordan/Hurley that the hearing be closed and oral and written comments be received and placed on file. Ayes: Five. Absent: Greenwood, Clark. Motion carried. March 18, 2002 Page 2 HEARINGS AND BIDS CONTINUED 116635 - Hurley/Jordan that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Cedar River/Exchange Skate Park and Basketball Court Project", be adopted. Ayes: Five. Absent: Greenwood, Clark. Resolution adopted and upon approval by Mayor assigned No. 2002-146. 116636 - Hurley/Getty that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Five. Absent: Greenwood, Clark. Resolution adopted and upon approval by Mayor assigned No. 2002-147. 116637 - Jordan/Hurley to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Bond Bid Amount Alternate Bid Bowers Masonry, Waterloo, IA 5% $43,312.50 $25,200.00 Christone Concrete, Waterloo, IA 5% $44,377,00 $28,477.00 Rex Custom Concrete, Marion, IA 5% $66,950.00 $45,957.00 Todd VanDorn Construction, Cedar Falls, IA 5% $46,000.00 $34,000.00 Webb Construction, Independence, IA 5% $46,940.00 $30,950.00 Ayes: Five. Absent: Greenwood, Clark. Motion carried. UNFINISHED BUSINESS 116638 - Jordan/Hurley that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as April 8, 2002, at 5:30 p.m. in the City Hall Council Chambers and taking of bids in conjunction with F.Y. 2002 Street Reconstruction Program, Contract No. 646", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Jack Fellenzer, Contract Compliance Officer, reported that there was a Goal Setting Committee last Friday, but the committee did not come up with an agreement on a number for a goal for the project. The numbers talked about for the goal was 10 percent and 5 percent. Ms. Fellenzer stated that two members from the prime contractors, two members from the minority contractors, Assistant City Engineer Dennis Gentz and he were in attendance at the meeting. Councilperson Hurley asked if the resolution passes, does it take the city to a controversial area, and will the council be adopting some form of agreement between the prime and minority contractors. Jim Walsh, City Attorney, stated that if the resolution is adopted the Engineering Department will send out the bid specifications using the existing 1986 rules and governing proceedings. Councilperson Berry asked if this means an agreement has to be reached by the April 8, 2002 meeting. Mayor Rooff stated the council has the authority not to approve the contract on April 8. Mr. Walsh stated if the council approves sending the project out for bid, the specifications will use the 1986 minority goal of 5 percent. Martin Culpepper, President of the Cedar Valley Minority Contractors Association, stated that the Goal Setting Committee met last Friday and reviewed the specifications. Mr. Culpepper stated that minority contractors are capable of doing 38 percent of the items. Mr. Culpepper stated the minority contractors have presented their own proposal and would like the council's patience, and he asked the council to please wait one more week. Mr. Culpepper stated the minority contractors do not feel they have any agreement with the city right now. Mr. Culpepper stated there is no reason why the minority contractors can't get 10 percent of the 38 percent of items. Mr. IS 111 Culpepper state the minority contractors are b g treated the same as last March 18, 2002 • • UNFINISHED BUSINESS CONTINUED Page 3 year and that is intolerable. Mr. Culpepper stated state and federal projects require a 10 percent goal. Mr. Culpepper stated the minority contractors have been faithfully trying to do this for one year and trying to get social justice with these projects. Councilperson Berry stated she thought the purpose of tabling this last week was to hear from the Goal Setting Committee. Councilperson Berry stated that it was her understanding the establishment of the Goal Setting Committee was to set a goal, and she asked how can the council move forward. Councilperson Hurley stated that he felt all the parties agreed to the Goal Setting Committee, and he thought they would look at individual jobs and come to an agreement on line items. Councilperson Hurley stated we want to make sure we do not make blanket goals which put us under quotas. Mr. Walsh stated that under the 1986 minority program, 5 percent is just a good faith effort, and if the program determined minority contractors were not getting a chance to bid on the contracts, they could say they were not getting an opportunity and we would be in non-compliance. Mr. Walsh stated the proposal on the table revises procedural items, and we are talking about more than just a 5 percent or 10 percent goal for contracts. Mr. Walsh stated that on some contracts, a percent could be bid by minority contractors, and some times prime contractors do the work themselves and do not sub it out. Mr. Culpepper stated that under the present program, the city was not meeting the guidelines, and it was his understanding that the city was suppose to change some things to meet the guidelines. This program is 16 years old. Mayor Rooff responded that the revised program was to make changes so that the program complied with the terms of state and federal guidelines. Mayor Rooff stated a new program has not been presented to the council because the minority and prime contractors have not had a meeting of the minds. Mayor Rooff stated the current minority program could be tuned up to come in agreement with the state and federal guidelines. Mayor Rooff stated the disagreement is should there be goals. Mayor Rooff stated that the 10 percent goal is for state and federal projects, not local projects. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Berry, Hurley. Absent: Greenwood, Clark. Motion failed. Mr. Walsh stated that a resolution requires a majority of all the council members, not a majority of those members present. Therefore the resolution did not pass. DOCUMENTS 116639 - Jordan/Welper that communication from Assistant City Attorney transmitting an order accepting acknowledgement/settlement agreement with All Stop, 51 Tower Park Drive, in conjunction with settlement of violation of tobacco laws, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Five. Absent: Greenwood, Clark. Resolution adopted and upon approval by Mayor assigned No. 2002-148. 116640 - Jordan/Welper that communication from Assistant City Attorney transmitting an order accepting acknowledgement/settlement agreement with Ben Franklin, 2206 Kimball Avenue, in conjunction with settlement of violation of tobacco laws, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Five. Absent: Greenwood, Clark. Resolution adopted and upon approval by Mayor assigned No. 2002-149. 116641 - Jordan/Welper that communication from Assistant City Attorney transmitting an order accepting acknowledgement/settlement agreement with Jim Lind Standard, 230 East Ridgeway Avenue, in conjunction with settlement of violation of tobacco laws, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Five. Absent: Greenwood, Clark. Resolution adopted and upon approval by Mayor assigned No. 2002-150. March 18, 2002 DOCUMENTS CONTINUED Page 4 116642 - Jordan/Welper that communication from Assistant City Planner transmitting Final Plat of Ekho Ridge Condominiums, together with Staff Report, Engineering Department's review letter, Deed of Dedication, Contract, Petitions and Waivers and Certificate of Survey, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Five. Absent: Greenwood, Clark. Resolution adopted and upon approval by Mayor assigned No. 2002-151. RESOLUTIONS TO BE ADOPTED 116643 - Hurley/Welper that communication from Fire Chief transmitting request to establish fees for fire sprinkler review and inspection be received, placed on file and "Resolution approving said fees", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Jordan stated the city already gets a fee under value, and now the Fire Department wants a fee, which would be a double fee. Councilperson Jordan stated the issue is balancing the budget. Councilperson Jordan stated the city needs to be fair about structure, charge the same as electrical fees, keep them uniform. Fire Chief Ned DeBerg stated the fees will be based on the size of the sprinklers and number of sprinkler heads. Chief DeBerg stated the Fire Inspectors are currently involved in plan review and inspection of system, and no fees are currently charged. The proposed fees are only for new systems. Getty/Berry that communication from Fire Chief transmitting request to establish fees for fire sprinkler review and inspection be tabled until Fire Department has put together the schedule of fees. Ayes: Five. Absent: Greenwood, Clark. Motion carried. ORDINANCES TO BE ADOPTED 116644 - Berry/Hurley that "an Ordinance amending the 2000 Traffic Code by adding a new Subsection (86a) Kern Street to Section 543, Thru Streets (install yield signs on Ashland Avenue at intersection with Kern Street)", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Greenwood, Clark. Motion carried. BILLS PAYMENT 116645 - Jordan/Hurley that "Resolution approving Schedule AP640, pp. 1-75, dated March 18, 2002, in the amount of $752,305.22, 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: Five. Absent: Greenwood, Clark. Resolution adopted and upon approval by Mayor assigned No. 2002-152. TRAVEL REQUESTS 116646 - Berry/Welper that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Cammie Scully, Cultural & Arts Director, and Dawn Conradi, Program Coordinator, to lead tour and drive vans for programmed arts trip to Minneapolis, Minnesota, on March 22-24, 2002, with costs not to exceed $285.00, including use of city vehicle, with costs to be reimbursed. 2. Steve Grimm, Fire Instructor, to teach class for Alliant Energy in Portage, Wisconsin, on March 18-19, 2002, with costs not to exceed $345.00, with total costs reimbursed. Ayes: Five. Absent: Greenwood, Clark. Motion carried. • • March 18, 2002 MISCELLANEOUS 116647 - Getty/Jordan • • Page 5 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 Beck's Pub & Grille, 3295 University Avenue (Renewal) (Expires 3/24/03) (Includes Sunday Sales) The Cellar, 320 East 4th Street (Renewal) (Expires 3/18/03) (Includes Sunday Sales) Legends, 2122 Kimball Avenue (Renewal) (Expires 3/27/03) (Including Sunday Sales) 2. Liquor License Permit Application Class E Hy -Vee, 4000 University Avenue (Renewal) (Expires 04/07/03) (Includes Sunday Sales) Ayes: Five. Absent: Greenwood, Clark. Motion carried. BONDS 116648 - Welper/Jordan that the report of the City Attorney and list of bonds filed with the City Clerk through March 18, 2002, be received, placed on file and report and bonds be approved. Ayes: Five. Absent: Greenwood, Clark. Motion carried. ADJOURNMENT 116649 - Jordan/Berry that the Council adjourn at 6:40 p.m. Ayes: Five. Absent: Greenwood, Clark. Motion carried. Nancy ckert City Clerk