HomeMy WebLinkAboutMinutes-10/14/2002October 14, 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, October 14, 2002. Mayor John R. Rooff
in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty.
Invocation by: Cammie Scully, Director of Cultural & Arts Commission.
Pledge of Allegiance: Alex Frank, Troop 13 - Hoover School.
117632 - Jordan/Hurley
that the Agenda, as amended to delete Item 1(b) (2) on the Consent Agenda, for
the Regular Session on Monday, October 14, 2002, at 5:30 p.m., be accepted and
approved. Ayes: Seven. Motion carried.
117633 Jordan/Hurley
that the Minutes, as proposed, for the Regular Session on Monday, October 7,
2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Rooff read a proclamation declaring October 30, 2002, as Weatherization
Day.
Mayor Rooff read a proclamation declaring October 2002 as Spinal Health Month.
CONSENT AGENDA
117634 - Getty/Jordan
that the following items on the consent agenda be received, placed on file and
approved:
a. Approve the following:
1. Communication from City Clerk transmitting request of Beck's Pub &
Grille, 3295 University Avenue, requesting a variance to the Noise
Ordinance on October 19, 2002, from 11:00 a.m. to 7:00 p.m. in
conjunction with October Fest celebration to be held in the lower
level parking lot, including a live band, together with recommendation
of approval of Police Chief.
Councilperson Hurley stated there have complaints from the neighbors
to the south of this establishment. Police Chief Jennings approved
the variance to the noise ordinance subject to a noise level no higher
than 80 dBA. If the Police Department receives a complaint, they will
visit the establishment to test the noise level using a sound level
meter.
2. Michelle Weidner, Chief Financial Officer, to attend Iowa League GASB
34 Roundtable and Iowa Municipal Officer's Association Fall Meeting in
Des Moines, Iowa, on October 23-24, 2002, with costs not to exceed
$237.60.
b. Approve the following resolution:
1. Communication from Assistant City Engineer transmitting request
Richard Wolf for a waiver for a concrete driveway to be located
1018 Belle Street, together with recommendation of approval,
received, placed on file and "Resolution approving said request",
adopted.
Resolution adopted and upon approval by Mayor assigned No. 2002-618.
c. Approve the following:
1.
Beer License Permit Application
Class C
Metro 66, 821 Broadway
Sunday Sales)
All Stop Convenience
Street (Renewal) (Expires 10/31/03)
Store, 2424 Ranchero
11/26/03) (Includes Sunday Sales)
Metro 66, 2332 Falls Avenue (Renewal)
Sunday Sales)
of
at
be
be
(Includes
Road (Renewal) (Expires
(Expires 11/13/03) (Includes
2. Beer/Wine License Permit Application
Class B
Q & T Pharmacy, 920 West 5th Street (Renewal) (Expires 10/29/03)
(Includes Sunday Sales)
October 14, 2002
Page 2
CONSENT AGENDA CONTINUED
3. Beer/Liquor License Permit Application
Class C
Night Gallery, 708 Jefferson Street (Renewal) (Expires 10/15/03)
Beck's Pub and Grille, 3295 University Avenue (Renewal) (Expires
10/19/03) (Includes Sunday Sales)
Brown Bottle, 209 West 5th Street (Renewal) (Expires 10/21/03)
(Includes Sunday Sales)
4. Liquor License Permit Application
Class E
Adams Grocery, 1010 Mitchell Avenue (Renewal) (Expires 10/31/03)
(Includes Sunday Sales)
5. Application for Outdoor Service Area
Beck's Pub and Grille, 3295 University Avenue (10/19/02 - 10/19/03)
6. Cigarette Permit Application
Express Mart, 1415 Logan Avenue
Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor
license permit applications. Motion carried.
UNFINISHED BUSINESS
117635 - Getty/Jordan
that communication from Associate Engineer transmitting recommendation of award
of contract in the amount of $208,605.71 to Aspro, Inc. & Subsidiaries of
Waterloo, Iowa, in conjunction with F.Y. 2003 Iry Warren Memorial, Gates and
South Hills Golf Courses and Byrnes Park Parking Lots Paving, Division I, III
and IV, Contract No. 658, 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.
Councilperson Berry stated the council and contractors spent a lot of time with
Bill Whitcomb from the U.S. Department of Justice to make sure the MBE/WBE
goals are met. Councilperson Berry stated the letter from the Engineering
Department does not give the council much information, and she thought council
was to receive documentation of good faith effort. Councilperson Berry stated
she did get the information she needed from the Assistant City Engineer, but
she would like the contract compliance information attached with each letter
for award of contract.
Rich Earles, Community Development Director, stated that he generally transmits
a letter to the awarding department as to whether the bid meets the goals. The
departments can attach a list of who was contacted along with the letter of
recommendation.
Paul Huting, Leisure Services Director, reported that there is $446,284.63 in
the Golf Improvement Fund. This amount breaks down as follows: $116,960.80
from F.Y. 2003 GO Bonds, $39,625.50 from the $1.50 surcharge from golf fees,
$5,000 from the sale of tee markers, $8,000.00 contractual payment from the
golf pros in F.Y. 2003, and balance at end of F.Y. 2002 of $276,698.33.
Martin Culpepper, President of Cedar Valley Minority Contractors, asked what
part of the contract was available for minority contractors. Mr. Earles
responded that approximately $8,000.00 was work available for subcontractors.
Eric Thorson, City Engineer, reported that a list of items was put together
that minority contractors could potentially bid, such as removal of sidewalks,
gutter work, etc. Mr. Earles stated that the prime contractor contacted ten
subcontractors and zero responded.
Mr. Culpepper asked why the subcontractors list did not contain trucking as a
lot of minority contractors are trucking companies. Mr. Culpepper stated he
asked a couple of subcontractors about the trucking, and they said no trucking
was put on the table.
Mayor Rooff responded that some prime contractors have their own trucks and do
not include trucking in the bid items for minority contractors. Mayor Rooff
stated he has asked Mr. Whitcomb to continue to work with us on the contract
compliance program, and on our next contract for bid he will ask Mr. Whitcomb
for his review.
Councilperson Berry stated that the pre-bid information says that all on the
list were contacted.
•
October 14, 2002
• •
UNFINISHED BUSINESS CONTINUED
Page 3
Mr. Thorson stated that items that could potentially be bid by MBE/WBE are
reviewed, but the MBE/WBE could bid on anything they want.
Mr. Earles stated that any MBE/WBE can submit a letter of intent on those items
they have an interest so that there is something to use to judge interest in
items. None of the MBE/WBE submitted a letter of intent.
Mr. Culpepper stated that he feels the prime contractor is only going to let
him bid on those items he wants MBE/WBE participation.
Mayor Rooff stated that the city will follow up and asked Mr. Culpepper to
provide him the names of those who did not feel they got an opportunity to bid
on this project.
Following comments a vote was taken on the above motion with the following
result. Ayes: Four. Nays: Berry, Clark, Hurley.
Resolution adopted and upon approval by Mayor assigned No. 2002-619.
117636 - Jordan/Welper
that communication from Associate Engineer transmitting recommendation of award
of contract in the amount of $638,946.22 to Peterson Contractors, Inc. of
Reinbeck, Iowa, in conjunction with F.Y. 2003 Hwy. 218/Cedar Valley Lakes Trail
- Phase I, & Trolley Car Trail, STP -ES -E -8155(42)-8T-07, Contract No. 584, be
received, placed on file and "Resolution approving said award of contract", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-620.
117637 - Welper/Jordan
that communication from Building Official/Maintenance Administrator
transmitting recommendation of award of contract in the amount of $14,073.00 to
Chester Pool Systems, Inc. of Sellersburg, Indiana, in conjunction with Byrnes
Pool - Zero Depth Renovation (Raindrop Option), be received, placed on file and
"Resolution approving said award of contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-621.
PETITIONS FROM PUBLIC
117638 - Berry/Jordan
that communication from City Clerk transmitting request of Hawkeye Community
College for an exception to burning yard waste to burn prairie grass located at
the following locations: 1 acre located east of Campus Drive, 10 acres located
north of Arboretum Drive and a brush pile located north of Fayette Hall in the
nursery area on October 28, 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 assigned No. 2002-622.
117639 - Berry/Jordan
that communication from City Clerk transmitting request of Black Hawk County
Conservation Board for an exception to burning yard waste to burn approximately
1/10 acre of prairie grass located at Central Middle School, south and east of
the front of the building in late October or early November 2002, together with
recommendation of approval of 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 assigned No. 2002-623.
October 14, 2002 Page 4
DOCUMENTS
117640 - Hurley/Jordan
that communication from Associate Engineer transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $208,605.71 from Aspro, Inc. &
Subsidiaries of Waterloo, Iowa, in conjunction with F.Y. 2003 Iry Warren
Memorial, Gates and South Hills Golf Courses and Byrnes Park Parking Lots
Paving, Divisions I, III and IV, Contract No. 658, 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. 2002-624.
117641 - Hurley/Jordan
that communication from Traffic Operations Superintendent transmitting
agreement with Iowa Department of Transportation for Traffic Safety Improvement
funding in the amount of $232,482.90 in conjunction with traffic safety
improvements at the intersection of northbound and southbound Washington Street
(US 218) and West 11th Street, No. CS -TSF -8155(44)-85-07, together with
recommendation of approval, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor and City Clerk authorized to
execute the same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-625.
RESOLUTIONS TO BE ADOPTED
117642 Clark/Greenwood
that communication from Police Chief transmitting request to accept $3,500.00
grant from Cedar Valley Promise to be used to conduct underage alcohol
compliance checks at area businesses licensed to sell alcohol be received,
placed on file and "Resolution approving said grant", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-626.
ORDINANCES TO BE ADOPTED
117643 - Jordan/Welper
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection B, Nominating Method Used, of Section
1-7-1, Nomination Procedures Adopted, of Chapter 7, Municipal Elections, of
Title 1, Administration; and enacting in lieu thereof a new Subsection B,
Providing for Runoff Elections, of Section 1-7-1, Nomination Procedures
Adopted, of Chapter 7, Municipal Elections, of Title 1, Administration
(creating Runoff Elections for Municipal Elections)", be received, placed on
file, considered and passed for the first time.
Prior to a vote on the above motion the following comments were heard.
Councilperson Berry stated that the council tabled
ordinance in June and were asked to talk to constituents,
file a petition signed by 25 citizens opposed to
Councilperson Berry stated she opposes runoff elections
ethnicity and also because she feels runoff elections could be costly to the
city. Councilperson Berry questioned the urgency of doing this and asked as
elected official are we doing this because we truly have the good of the city
at heart or because of the result of last November's municipal election.
Councilperson Berry stated she just wants the council to do this for the right
reason. Councilperson Berry stated that a runoff election will have a great
impact on many citizens, and she still does not support this ordinance.
the runoff election
and she would like to
a runoff election.
because of class and
Getty/Jordan
that a petition signed by 25 citizens opposed to a runoff election be received
and placed on file. Ayes: Seven. Motion carried.
117644 - Councilperson Jordan stated that the people he talked to are not overly
concerned either way, and some people think it will affect state elections.
Some asked why have a runoff when the state or county do not have runoffs, and
that primaries are held for state offices so why not have a primary election
rather than a runoff election.
• •
October 14, 2002
ORDINANCES TO BE ADOPTED CONTINUED
Page 5
Mayor Rooff responded that either a primary or runoff works. With a runoff
election, all candidates have the length of the election process to get the
word out, and then the top two candidates run in the runoff.
Councilperson Berry asked if the city had thought of instant runoff. She
realizes that is a decision made at the state level, but there could be savings
with that type of runoff.
Councilperson Welper stated there isn't any real urgency, but Waterloo is the
only large city that does not have either a runoff or primary election.
Councilperson Hurley stated that a runoff election did not come to bear until
the night of the municipal election and the feedback started that night and has
continued. Councilperson. Hurley stated he agrees with Councilperson Welper
that this is not the most important issue, but he is for the runoff because it
is a representative government.
Mayor Rooff commented that he hopes the council is proposing the runoff
election because they feel citizens will be better represented, and that all of
the council should be asking themselves does this better represent the citizens
and is it better for the community.
Following comments a vote was taken on the original motion, with the following
result. Ayes: Six. Nays: Berry. Motion carried.
117645 - Hurley/Clark
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Nays: Berry. Motion carried.
117646 - Clark/Jordan
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection B, Nominating Method Used, of Section
1-7-1, Nomination Procedures Adopted, of Chapter 7, Municipal Elections, of
Title 1, Administration; and enacting in lieu thereof a new Subsection B,
Providing for Runoff Elections, of Section 1-7-1, Nomination Procedures
Adopted, of Chapter 7, Municipal Elections, of Title 1, Administration
(creating Runoff Elections for Municipal Elections)", be considered and passed
for the second and third times and adopted. Ayes: Six. Nays: Berry.
Ordinance adopted and upon approval by Mayor assigned No. 4582.
BILLS PAYMENT
117647 - Jordan/Hurley
that "Resolution approving Schedule AP640, pp. 1-78, dated October 14, 2002, in
the amount of $1,471,502.85, 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. 2002-627.
NEW BUSINESS
117648 Berry/Getty
that communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $3,850.00 for work performed by the Water
Works at 318 E. 9th Street, together with recommendation of approval of Waterloo
Water Works 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. 2002-628.
ADJOURNMENT
117649 - Jordan/Clark
that the Council adjourn at 6:09 p.m. Ayes: Seven. Motion carried.
Skti-
Nancy ckert
City Clerk