Loading...
HomeMy WebLinkAboutMinutes-04/07/20034 • pril 7, 2003 he Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council hambers, Waterloo, Iowa, at 5:30 p.m., on Monday, April 7, 2003. Mayor John R. Rooff in he Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. nvocation by: Joshua Clark. ledge of Allegiance: Councilperson Buck Clark. 18004 - Jordan/Clark that the Agenda, as proposed, for the Regular Session on Monday, April 7, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 18005 - Jordan/Clark that the Minutes, as proposed, for the Regular Session on Monday, March 31, 2003, at 5:30 p.m. and Special Sessions on Thursday, March 27, 2003, at 8:30 a.m. and April 3, 2003, at 8:30 a.m. be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring the year 2003 as Cedar Valley Reads. Mayor Rooff read a proclamation declaring April 2003 as Fair Housing Month. Mayor Rooff read a proclamation declaring April 6-11, 2003, as Boys & Girls Club Week. Mayor Rooff recognized the Brinker Family for their donation of land to the city and officially announced the re -naming of East Lake as Brinker Lake. CONSENT AGENDA 118006 - Hurley/Clark that the following items on the consent agenda be received, placed on file and approved: a. Motion to approve the following: 1. Communication from Mayor John Rooff transmitting recommendation of reappointment of Mitch Bond and Dick Miller to the Plumbing Code Committee and Examining Board, with term expiration date of March 1, 2005. 2. Communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Doug Eldridge to the position of Traffic Signal Technician II, effective April 8, 2003. 3. Communication from Police Chief transmitting recommendation of appointment of Virgil Carson to the position of Property/Evidence Coordinator, effective April 21, 2003. 4. Bonnie Winninger, Education Director; Dawn Conradi, Adult Programs Coordinator; Kent Shankle, Curator; and Brooke Eckstrom, JAG Designer, to attend a Frank Lloyd Wright symposium in Indianapolis, Anderson and West Lafayette, Indiana, on April 25-27, 2003, with costs not to exceed $1,224.00, including use of city vehicle. 5. Kent Quin, ICT Foreman to attend Educational Course at Waterloo, Iowa, on February 6 -April 10, 2003, with costs not to exceed $420.00. 6. Brad Hagen, Airport Director, to attend meeting with Kiehl -Hendrickson to prepare air service application in Minneapolis, Minnesota, on March 28, 2003, with costs not to exceed $162.00. 7. Communication from City Clerk transmitting request of John Deere waterloo Works for an exception to burning yard waste to burn approximately 12.5 acres and 9.5 acres of prairie grass located on the north side of the John Deere Waterloo Works on Donald Street from April 7-30, 2003, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. 8. Communication from City Clerk transmitting request of Kittrell School for an exception to burning yard waste to burn approximately 3/4 acre of prairie grass located on the southeast corner of the school yard in April 2003, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. April 7, 2003 Page 2 CONSENT AGENDA CONTINUED 9. Randy Heiberger, Signal Technician Foreman, to attend 13th Annual Meeting and Exposition of Intelligent Transportation Systems in Minneapolis, Minnesota, on May 19-22, 2003, with costs not to exceed $420.00, including use of city vehicle. 10. Mohammad Elahi, Traffic Engineer, to attend 13th Annual Meeting and Exposition of Intelligent Transportation Systems in Minneapolis, Minnesota, on May 19-22, 2003, with costs not to exceed $180.00, including use of city vehicle. b. Resolution to approve the following: 1. Communication from Police Chief transmitting request of Leukemia and Lymphoma Society to hold Boot Block on April 12, 2003, from 10:00 a.m. until 5:00 p.m. at the corner of Ridgeway and Hammond Avenues. Resolution adopted and upon approval by Mayor assigned No. 2003-218. 2. Communication from Police Chief transmitting request of No Gray Ministries to hold Festival of Truth event on June 14, 2003, form 9:00 a.m. to 9:00 p.m. at Lincoln Park and to close East 4th Street from Mulberry Street to Franklin Street. Resolution adopted and upon approval by Mayor assigned No. 2003-219. 3. Communication from City Clerk transmitting request of No Gray Ministries for a variance to the Noise Ordinance on June 14, 2003, from 9:00 a.m. to 9:00 p.m. in conjunction with Festival of Truth event to be held at Lincoln Park with live bands and other activities, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2003-220. 4. Communication from City Engineer transmitting request of Brad and Dana Meyer for a waiver for an asphalt driveway to be located at 3545 Ranchero Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-221. c. Beer License Permit Application Class C Holiday Station, 3260 University Avenue (Renewal) (Expires 5/04/04) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C A.J.'s Eatery & Spirits, Inc., 1415 E. San Marnan Drive (Renewal) (Expires 4/21/04) (Includes Sunday Sales) e. Fireworks Display Application Trinity Episcopal Parish, 4535 Kimball Avenue on April 19, 2003 Bucks Baseball, Inc., 850 Park Road on June 3, June 14, July 4, July 5, July 11 and July 25, 2003 f. Bonds Prior to a vote on the above motion, the following comments were heard. Councilperson Scott Jordan stated that Item 1b4 is for a new home next to development the council denied a few weeks ago. Councilperson Jordan stated this same couple signed the petition against Robert Smith's rezoning request. Councilperson Jordan stated last year the city wrote 82 permits for new units when the survey said we need 400 new housing units per year. Councilperson Jordan stated that tonight this couple is saying it is okay for a new driveway, but they don't want new homes. Councilperson Jordan stated that as a member of the prevailing side he is requesting that the request from Robert Smith to rezone from "A-1" Agricultural District to "R-1" Residential District property generally located along South Ranchero Road be brought back to the council for reconsideration. Don Temeyer, Community Planning & Development Director, stated that the property is zoned "A-1" and the couple is actively engaged in farming and can build buildings in relation to the farm. • pril 7, 2003 CONSENT AGENDA CONTINUED • Page 3 Following comments a vote was taken on the above motion with the following result. Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. HEARINGS AND BIDS 18007 - Jordan/Clark that proof of publication of notice of public hearing on the proposed F.Y. 2003 Traffic Signal Materials for Frontage Road Intersection at 3700 Block of University Avenue, Contract No. 673, as published in the Waterloo Courier on March 26, 2003, be received and placed on file. Ayes: Seven. Motion carried. 18008 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 118009 - Jordan/Greenwood that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with F.Y. 2003 Traffic Signal Materials for Frontage Road Intersection at 3700 Block of University Avenue, Contract No. 673", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-222. 118010 - Jordan/Hurley that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-223. 118011 - Getty/Jordan to receive, file and instruct City Clerk to open and read bids and refer to Traffic Operations Superintendent for review: Bidder Bid Bond Bid Amount General Traffic Controls, Inc., Spencer, IA $490.00 $9,790.00 Traffic Control Corporation, High Ridge, MO $450.00 $8,970.00 Ayes: Seven. Motion carried. HEARINGS 118012 - Getty/Hurley that proof of publication of notice of public hearing on the request of Schenk Engineering to vacate property generally located at the northerly end of Pheasant Lane between Lots 151 and 152 in Granger's Second Addition for the construction of a cul-de-sac, as published in the Waterloo Courier on March 28, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118013 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Community Planning & Development Director, stated the property was platted in the late 1980s, and the developer is putting in a cul-de-sac. The city is rededicating land, subject to retention of an easement. Jordan/Welper that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 118014 - Jordan/Clark that "an Ordinance vacating property generally located at the northerly end of Pheasant Lane between Lots 151 and 152 in Granger's Second Addition", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. April 7, 2003 Page 4 HEARINGS CONTINUED 118015 - Clark/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118016 - Jordan/Welper that "an Ordinance vacating property generally located at the northerly end of Pheasant Lane between Lots 151 and 152 in Granger's Second Addition", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4604. 118017 - Hurley/Greenwood that proof of publication of notice of public hearing on request of Cindy and Larry Weber to sell and convey Lot E for $25,000.00 and Young Plumbing and Heating Company to sell and convey Lot I for $13,500.00 generally located along Greenhill Road and Katoski Drive, as published in the Waterloo Courier on March 31, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118018 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 118019 - Greenwood/Welper that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-224. 118020 Clark/Jordan that proof of publication of notice of public hearing on amendment to the -- Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, as published in the Waterloo Courier on March 21, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118021 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Community Planning & Development Director, stated the property was platted in the late 1980s, and the developer is putting in a cul-de-sac. The city is rededicating land, subject to retention of an easement. Jordan/Clark that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 118022 - Jordan/Clark that "Resolution approving said plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-225. 118023 - Welper/Kincaid that "an Ordinance amending Ordinance No. 4494, providing that general property taxes levied and collected each year on all property located within the amended Downtown Waterloo Riverfront Urban Renewal Area of the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, moneys advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended Downtown Waterloo Riverfront Urban Renewal Redevelopment Project", be received, placed on file, considered and pass for the first time. Ayes: Seven. Motion carried. • • pril 7, 2003 • • HEARINGS CONTINUED 18024 - Welper/Kincaid Page 5 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 18025 - Hurley/Jordan that "an Ordinance amending Ordinance No. 4494, providing that general property taxes levied and collected each year on all property located within the amended Downtown Waterloo Riverfront Urban Renewal Area of the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, moneys advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended Downtown Waterloo Riverfront Urban Renewal Redevelopment Project", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4605. 18026 - Jordan/Getty that proof of publication of notice of public hearing on the Cattle Congress Urban Renewal and Redevelopment Plan, as published in the Waterloo Courier on March 21, 2003, be received and placed on file. Ayes: Seven. Motion carried. 18027 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Community Planning & Development Director, reported that this plan will allow public financing to be used for the Cattle Congress revitalization projects as part of the Riverfront Plans. A meeting with taxing entities was held to present the plan and no recommendations were received. The Planning, Programming and Zoning Commission reviewed the plan at their March 4, 2003 meeting and recommended approval. Jordan/Clark that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 18028 - Clark/Jordan that "Resolution approving said plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-226. 18029 - Welper/Kincaid that "an Ordinance providing that general property taxes levied and collected each year on all property located within the Cattle Congress Urban Renewal and Redevelopment Project Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, moneys advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Urban Renewal Redevelopment Project", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 18030 - Welper/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. April 7, 2003 HEARINGS CONTINUED 118031 - Kincaid/Greenwood Page 6 that "an Ordinance providing that general property taxes levied and collected each year on all property located within the Cattle Congress Urban Renewal and Redevelopment Project Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, moneys advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Urban Renewal Redevelopment Project", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4606. UNFINISHED BUSINESS 118032 - Clark/Jordan that communication from Superintendent of Traffic Operations transmitting recommendation of award of contract in the amount of $7,286.00 to Traffic Control Corporation of High Ridge, Missouri, in conjunction with F.Y. 2003 Traffic Signal Materials for Hammond Avenue and E. San Marnan Drive, Contract No. 672, 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. 2003-227. 118033 - Getty/Jordan that communication from Assistant City Engineer transmitting recommendation of award of contract in the amount of $3,309,986.95 to Aspro, Inc. of Waterloo, Iowa, in conjunction with F.Y. 2003 Street Reconstruction Program, Contract No. 659, 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. Rudy Jones, Community Development Director, reported that last week he, Milt Dakovich, Jim Walsh and Louis Starks met to discuss Aspro's bid, and there was no further resolve. It was explained Aspro received a package bid from PCI which was stated to be lower than one MBE. Mr. Jones stated that Mr. Phillips submitted a package of three components with numbers that could have been tied, but didn't say it was tied. Councilperson Greenwood asked if a good faith effort was made and did we accomplished all the things discussed in the Contract Compliance document, and why did we not reach our goal of 10 percent. Mr. Jones responded he found there was at least a 10 percent achievable goal, so a good faith effort was not made if you wanted the 10 percent goal. Mr. Jones stated that a tied bid means some items are very similar in their performance even though separate bid items. One contractor can typically do those items, and most contractors will tie them Mayor Rooff stated the contractor is saying if you don't give me all these things I can't give you the bid. Mr. Jones stated that the prime contractor has the ability to meet with subcontractors to see if they are willing to do that. Councilperson Greenwood stated that it seems that last year we failed to ask prime contractors if there was something that could be further done to use the MBE contractors. We also agreed we would do everything possible to make sure we made a good faith effort, and we would mentor the MBE contractors. Councilperson Greenwood stated that he feels it is his responsibility that since we said we were going to do that we will do it. Milt Dakovich stated that when all contractors turn in tied bids, the council doesn't take those tied bids and say so and so is low on items such and such so they each get those items. The council looks at low bid and goes with that. Mr. Dakovich reported that Petersen tied the last two items and that is what Petersen bid, but it may not be what he gave him. Mr. Dakovich stated these are respective bids, and he takes exception that Terry's items were not bid as items 4-13 are tied and he states that on the front page. Mr. Dakovich stated if the council requires a 10 percent minority participation that is a quota, not a good faith effort. • • pril 7, 2003 • • UNFINISHED BUSINESS CONTINUED Page 7 Mr. Jones stated that Mr. Dakovich submitted 4.6 MBE participation, and he feels a 10 percent MBE participation could have been achieved. Mr. Dakovich stated that he cannot untie the bids to reach the MBE goal. It is right in the specifications. Mr. Dakovich stated not accepting the MBE is because it is not the low bid. Mr. Dakovich stated that the federal mediator, city, prime and sub contractors came up with this program. Councilperson Hurley asked if we could put in the bid package that we do not want tying of bids. Mr. Dakovich responded tying of bids is done all over the county on items that are alike. It would not be practical to take out tied bids. Councilperson Clark asked if we could raise the percent of MBE participation without raising the cost of the project. Mr. Jones responded that D.C. Corp was the lowest bidder on 4-13, 15-17 and 18-20 and was lower than the prime and also the Engineer's estimates. Mr. Jones stated he believes the prime contractor took another sub contractor's package rather than the low MBE bid. Mr. Dakovich stated that the council could throw out all bidders and they will find bid items lower than his. Mr. Dakovich stated it would have cost the city $21,000.00 to go with that MBE subcontractor. Mr. Dakovich reported that Petersen tied items 15-17 and 18-20 and the drain tile items. Mr. Jones stated that Mr. Dakovich also coupled Watco with PCI, Inc. which made them look lower. Mayor Rooff stated that the prime contractor selected tied bids to get the lowest bid. D.C. Corporation did not have drain tile bid so Mr. Dakovich used another's bid to compare apples to apples. Councilperson Getty stated it comes down to the city put together a contract with specifications, we asked for bids, the bids came in and we have always taken the lowest responsible bidder. Councilperson Getty stated he sees no reason not to award this contract. Councilperson Hurley stated that at the bottom of Mr. Jones there were three questions. D.C. Corporation was $21,201.00 higher on a $3.3 million contract. Mr. Jones stated that on items 15-20, 10A and 22-25, Aspro chose to use PCI due to how their bid was packaged. Mr. Jones stated that Aspro combined D.C. Corp. bid on items 4-13, 15-17 and 18-20, plus Watco's bid on items 22-25 which gave those items a total of $775,433, which is $21,201 higher. Mr. Dakovich stated if we start tearing the bid apart, he would have to rebid the project as it is more complicated than just changing those items. Mr. Dakovich stated he feels we are heading in the right direction as some years we had no MBE participation and 4.6 percent participation is close to 5 percent. Mr. Dakovich stated that if his bid is accepted, D.C. Corporation will be doing work MBEs have never done before. Mr. Dakovich stated that to reach 10 percent MBE participation next year would depend on the numbers. Mr. Jones responded if it is about numbers alone, 10 percent was there and 20 percent is achievable. Councilperson Hurley asked if we were to bid with restriction on tied bids, would it mean the construction process would take longer and fewer miles of street would be reconstructed. Mr. Jones stated that the prime contractor has the right to go back to the MBE before the bid is let to see if he could look at the bid package another way. Mr. Dakovich stated he contacted them and they would not untie their bid. Mr. Dakovich stated it would cost more if we would have to move subcontractors in and out on like items. Councilperson Getty called the question. Ayes: Three. Nays: Kincaid, Greenwood, Clark, Hurley. Motion failed. 118034 - Martin Culpepper stated Watco can't be a subcontractor to another subcontractor. Mr. Culpepper asked if Mr. Dakovich called Watco as he can't pick packages he wants. Mr. Dakovich responded that he did not talk to Denter as to tying bids and their numbers. Mr. Dakovich stated he doesn't call anyone unless extreme case except he did call Petersen. April 7, 2003 Page 8 UNFINISHED BUSINESS CONTINUED Mr. Culpepper stated Mr. Dakovich should have been able to call Denter. Mr. Culpepper stated the council has got to do something. Mr. Culpepper reminded the council of the roof job at the Five Sullivan Brothers Convention Center where the city ended up with more than one contractor. Mr. Culpepper stated if the numbers are low and a contractor is under the engineer's estimate, how much more can you ask a guy to do. If you have a low number, what more can a guy do to get the work. Mr. Culpepper stated a good faith effort is just the minimum and we could have gotten 22 percent minority participation. Mr. Culpepper stated the city broke up the contract for the Five Sullivan Brothers Convention Center. Mayor Rooff responded that we broke up that contract before it was bid. Mr. Culpepper stated last year was a shenanigan, and this year there is a guy who could have gotten 22 percent of the work. Mr. Culpepper stated the minority contractors look at it from an economic view, look at the dollars the minority contractors spread in this community, and those numbers are being channeled back. Mr. Culpepper stated to use last year's figures is ridiculous. Mr. Jones stated he checked to make sure we were doing what the program called for. Mayor Rooff stated he met with the MBE/WBE contractors, the council and prime contractors and went through the program step by step. Mayor Rooff stated we did everything right, but now it comes down to tied bids. Mayor Rooff stated the council can accept the bid and say 4.6 percent minority participation is a good faith effort, or that it is not enough and start over. Mr. Culpepper stated it is achievable, it takes action and the subcontractor did his part, what else could he have done on his end. Nikki Rainey, an employee of Pauline Company, reviewed the bids. Ms. Rainey stated the engineer's estimate was $3.2 million, and Aspro's bid was $3.3 million, which is higher than the engineer's estimate. Ms. Rainey reviewed the items bid by the subcontractors and compared them with the bid submitted by Aspro, Inc. Ms. Rainey stated that a good faith effort means comparing tied items to same tied items. It means making it work. Ms. Rainey stated a lot of the minority contractors have a hard time because they are quoting Petersen who also is bidding as a subcontractor. Mayor Rooff stated if we pick apart the items after the bids come in, we could reach 22 percent minority participation, but those aren't the rules he bid at. Ms. Rainey stated there is some subjectivity in there. Ms. Rainey said the question raised is having a prime contractor who also quotes as a subcontractor. Ms. Rainey stated there is a way to go to reach 10 percent minority participation. Ms. Rainey stated if Mr. Dakovich used D.C. Corp's bid, his bid would have been $3.2 million. Ms. Rainey reviewed the other subcontractor's bids and the savings. Ms. Rainey stated we have an established program and established what a good faith effort is. Ms. Rainey stated a good faith effort is lowest responsible bid. Mayor Rooff asked is 4.6 minority participation a good faith effort. Mayor Rooff stated after the fact, you can maneuver bids to get different percent. Mayor Rooff stated the prime contractor said he used tied bids to get his low bid. Mayor Rooff stated we would have to start over as we can't change the bids. Ms. Rainey stated the council was going to empower the Contract Compliance Officer to runs this program and back him up. Mr. Jones stated that if this project were to be rebid, we would probably have less minority participation or even worse because of other reasons. Mr. Jones stated historically we have two or three bidders and when subcontractor is prime contractor it is difficult. Councilperson Getty called the question. Ayes: Six. Nays: Hurley. Motion carried. 118035 - A vote was taken on the original motion with the following result. Ayes: Five. Nays: Greenwood, Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-228. • • • pril 7, 2003 • 1 PETITIONS FROM PUBLIC 18036 - Kincaid/Jordan Page 9 that communication from City Planner transmitting request of Black Hawk Habitat for Humanity to purchase property generally located at 925 Logan Avenue for $1.00, together with recommendation of approval of the Building & Grounds Committee, be received, placed on file and "Resolution setting date of hearing as April 28, 2003, 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 assigned No. 2003-229. REPORTS 18037 - Welper/Hurley that communication from Fire Chief transmitting Policy for Recreational Fires be received, placed on file and "Resolution approving said policy", be adopted. Prior to a vote on the above motion, the following comments were heard. Ned DeBerg, Fire Chief, reported that the policy allows citizens to burn wood, and it lists things that can't be burned from leaves to garbage. There is a pretty general description of what can't be burned. Chief DeBerg stated the recreational fire must be constructed in a fire ring or pit in a contained area. Councilperson Hurley stated that recreational fires have been allowed all along because they are not mentioned in the ordinance banning burning. Councilperson Hurley asked how this information will be distributed to the citizens. Chief DeBerg responded that he will use every form of media, including Government Access Channel 15 and the news media. Chief DeBerg reported the policy states that a recreational fire is a campfire or bonfire that is started for the enjoyment of person or persons. These fires are generally used for outdoor cooking or just to sit by for the enjoyment of those present. Chief DeBerg stated enforcement will be at the discretion of the officer responding as to whether or not it is a recreational fire. Chief DeBerg stated the responding officer can issue a citation. Councilperson Getty stated he was opposed to the ban on burning, but now that burning is not allowed he has a problem saying it is okay to burn. People with health problems will have the same problems with a recreational fire as leaf burning. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Welper, Greenwood, Hurley, Getty. Motion failed. 118038 - Chief DeBerg asked if the council is telling him the Fire Department has to respond to fires at George Wyth State Park. Councilperson Getty responded that it is different in camping and parking areas. Greenwood/Hurley that the Policy for Recreational Fires be reconsidered. Ayes: Five. Nays: Jordan, Getty. Motion carried. 118039 - Dave Zellhoefer, Assistant City Attorney, stated that we have not banned recreational fires. Mr. Zellhoefer stated this will have to be enforced in court and it will be a waste of the city's time if we don't establish what is a recreational fire. Mr. Zellhoefer stated this policy will help if we incorporate the language into the Code of Ordinance. Mr. Zellhoefer stated we need to do something as recreational fires are dangling out there. Hurley/Clark that the Policy for Recreational Fires be received, placed on file and "Resolution approving said policy", be adopted and that the information on recreational fires be placed in the Waterloo Code of Ordinance. Ayes: Six. Nays: Getty. Resolution adopted and upon approval by Mayor assigned No. 2003-230 April 7, 2003 Page 10 REPORTS CONTINUED 118040 - Clark/Jordan that communication from Human Resources Director transmitting Critical Municipal Employees Policy be received, placed on file and "Resolution approving said policy", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley stated he is satisfied with the 20 -mile radius of City Hall, but asked if any council member was open to 25 miles. Councilperson Clark stated he has been approached by many employees to move the requirement to within 30 miles of City Hall. The Fire Department recruits from outside smaller cities persons who are already trained. With approval of the mover and seconder the above motion was withdrawn. Clark/Jordan that the Critical Municipal Employees Policy providing that employees moving or hired after April 7, 2003 must live within a 30 -mile radius of City Hall be received, placed on file and "Resolution approving said policy", be adopted. Prior to a vote on the above motion, the following comments were heard. Tom Powers, President of the Firefighters, stated the current policy setting the radius at 30 miles has worked for many years, and he asked the council to approve the 30 -mile radius. Councilperson Getty stated that the city needs more housing as it leads to more retail, housing, state and federal dollars, more sewer and water usage and additional Local Option Sales Tax. Councilperson Getty stated he has a big concern when department heads say we can't get good qualified people unless we go outside of the city when we had 200 applicants a few weeks ago. Councilperson Getty stated we already provide a security blanket for our bedroom communities. Councilperson Getty stated it is time we stop supporting those communities by allowing our employees to live outside the city limits. Councilperson Getty stated our public safety employees should live within our city as our tax dollars are paying their wages. Councilperson Greenwood stated he agreed with Councilperson Getty. Councilperson Welper stated he agrees with Councilperson Getty, but people living in small cities don't make good wages so he will go along with the 20 - mile radius. Councilperson Kincaid stated some people like to live in smaller communities but work in a larger community and he would vote for 30 -mile radius. Councilperson Clark stated that the State Code says we can't require our employees to live within the city limits, but we can require them to live within a reasonable distance. Councilperson Getty asked then why are we punishing department heads requiring them to live within the city limits. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Welper, Greenwood, Hurley, Getty. Motion failed. 118041 - Welper/Hurley that the Critical Municipal Employees Policy providing that employees moving or hired after April 7, 2003 must live within a 20 -mile radius of City Hall be received, placed on file and "Resolution approving said policy", be adopted. Ayes: Five. Nays: Jordan, Getty. Resolution adopted and upon approval by Mayor assigned No. 2003-231. DOCUMENTS 118042 - Getty/Jordan that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $3,309,986.95 from Aspro, Inc. of Waterloo, Iowa, in conjunction with F.Y. 2003 Street Reconstruction Program, Contract No. 659, 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. 2003-232. • April 7, 2003 • • RESOLUTIONS TO BE ADOPTED 118043 - Clark/Greenwood Page 11 that "Resolution approving new yardwaste/recycling automated curbside collection program", be adopted. Prior to a vote on the above motion, the following comments were heard. Tim Shea, Superintendent of Waste Management Services, stated this program includes a combined yard waste/recycling program picked up curb side. Citizens could deposit two tons of material if the program is used to its capacity. Mr. Shea stated if 5,000 citizens sign up for the program, the city would collect 10,000 tons of material. Mr. Shea stated high generators could buy two carts or bring their material to the waste facility, which will be open during the same period as we use the yard waste carts. Mr. Shea stated he feels this is a good program and an affordable program, but it is somewhat of a gamble like any program. Mr. Shea stated each month, citizens can have their co -mingled recyclable material picked up and also during the Christmas season. All citizens will be given a schedule and the carts can be used one week each month for recycling. The program will start the first week of May. Mr. Shea stated that curbside pickup of stated it will cost fifty cents per bag to Councilperson Clark stated he agreed in month. If we do that we could cover the Clark stated he thinks the cart idea is provide a non -cost program for leaves. Following comments a vote was taken on result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-233. ORDINANCES TO BE ADOPTED bags ends on May 1, 2003. Mr. Shea dispose of yardwaste. principal to raise garbage $1.00 per cost of "free pickup." Councilperson a great idea, but he would like to the above motion with the following 118044 - Councilperson Jordan stated he originally supported a $1.00 per month increase, but he would like to try fifty cents per month. Councilperson Clark stated he supports a fifty cents per month increase plus a free drop off for leaves. Councilperson Hurley asked why would citizens want the carts if you can buy a thirty cent bag and drop it off for free at the waste management facility. Councilperson Getty stated he favors fifty cents per month increase in garbage rates plus fifty cents per bag to drop off at the site as it costs $24.00 per ton to haul the yardwaste to the landfill. Councilperson Getty stated fifty cents pays for labor and hauling it to the landfill. Councilperson Getty stated he is concerned with the professionals who dump at the site for free. Councilperson Kincaid stated he thought when the council discussed increasing the garbage fee $1.00 per month it was to purchase garbage trucks. Councilperson Kincaid stated he supports a fifty cents per month increase in the garbage fee plus a free drop-off site. Michelle Weidner, Chief Financial Officer, stated if the council adopts the fifty cents cart program, plus fifty cents drop off fee that would cover balancing the sanitation budget, replacing trucks and keeping cart stack up where it needs to be. If the council adopts $1.00 per month increase for garbage fee that would allow the council to do all the other programs the city used to provide. Ms. Weidner stated if the council adopts the cart program and we have 4,000 users and we raise the garbage rates we can balance the budget. Councilperson Welper stated when the council talked about raising the garbage fees it was because of the trucks, building up the fund balance and to have a recycling center. Councilperson favors $1.00 per month increase for garbage fees, plus the cart program and fifty cents per bag fee to use the drop-off site. Councilperson Greenwood stated that when we sent out the survey for the cart program we also said we would charge fifty cents per bag to drop the yardwaste off at the drop-off site. We could skewer the survey if we don't abide by the survey. Councilperson Greenwood favors $1.00 per month increase in garbage fees plus fifty cents per bag to drop-off yard waste at the drop-off site. These funds could be used to look at a transfer station and to enforce recycling. April 7, 2003 Page 12 ORDINANCES TO BE ADOPTED CONTINUED Councilperson Jordan stated the Chief Financial Officer says fifty cents per month increase will work. Councilperson Jordan stated he would support a transfer station if we had a plan. Councilperson Jordan stated $1.00 per month increase in garbage rates gives use more money than we need and people will say we are going to transfer those funds out of the sanitation fund to the general fund. Getty/Hurley that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Subparagraph 1, of Paragraph A, Fees Established, of Section 4-3-6, Fees for Service, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety; and enacting in lieu thereof a new Subparagraph 1, of Paragraph A, Fees Established, of Section 4-3-6, Fees for Service, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety (increase garbage fees fifty cents per month), be received, placed on file, considered and passed for the first time and citizens be required to pay fifty cents per bag at the drop-off site. Ayes: Three. Nays: Kincaid, Welper, Clark, Jordan. Motion failed. 118045 - Jordan/Clark that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Subparagraph 1, of Paragraph A, Fees Established, of Section 4-3-6, Fees for Service, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety; and enacting in lieu thereof a new Subparagraph 1, of Paragraph A, Fees Established, of Section 4-3-6, Fees for Service, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety (increase garbage fees fifty cents per month), be received, placed on file, considered and passed for the first time and citizens be allowed to drop off yardwaste at the drop-off site at no cost. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated the council will undermine the yardwaste/recycling automated curbside collection program if we vote for a free drop-off site. Councilperson Welper asked why would anyone go with the cart when they can drop off their yardwaste for free. Following comments a vote was taken on the above motion with the following result. Ayes; Four. Nays: Welper, Hurley, Getty. Motion carried. BILLS PAYMENT 118046 - Jordan that "Resolution approving Schedule AP640, pp. 1-101, dated April 7, 2003, in the amount of $1,905,865.39, 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. 2003-234. NEW BUSINESS 118047 - Welper/Clark that communication from Fire Chief transmitting request to install 150 foot radio tower at the Regional Training Center at a cost of $12,696.00 be received, placed on file and "Resolution approving said tower installation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-235. 118048 - Jordan/Clark to instruct Fire Chief to prepare bid document, form of contract, etc., in conjunction with Ambulance for Waterloo Fire Rescue, be received, placed on file and approved. Ayes: Seven. Motion carried. 118049 - Jordan/Clark that bid document, form of contract, etc., in conjunction with Ambulance for Waterloo Fire Rescue, be received and placed on file. Ayes: Seven. Motion carried. • • 1 f ' r April 7, 2003 • • NEW BUSINESS CONTINUED 118050 - Jordan/Clark Page 13 that "Resolution preliminarily approving bid document, form of contract, etc. in conjunction with Ambulance for Waterloo Fire Rescue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-236. 118051 - Hurley/Jordan that "Resolution setting date of hearing on bid document, form of contract, etc., and taking of bids as May 5, 2003, at 5:30 p.m. in the City Hall Council Chambers 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 assigned No. 2003-237. ADJOURNMENT 118052 - Jordan/Clark that the Council adjourn at 8:03 p.m. Ayes: Seven. Motion carried. Nancy E kert City Clerk