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HomeMy WebLinkAboutMinutes-01/27/2003do to January 27, 2003 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, January 27, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Clark, Jordan, Hurley, Getty. Absent: Greenwood. Invocation by: Councilperson Buck Clark. Pledge of Allegiance: Steve Decker, Superintendent of Streets. ORAL PRESENTATIONS 117683 - Sammie Daniels asked if the goal for minority contractors was met for the Renovation of the Five Sullivan Brothers Convention Center Project. Mayor Rooff replied it was not met and asked Mr. Daniels to get with Rudy Jones after the meeting. Martin Culpepper, President of the Cedar Valley Minority Contractors, asked what is the problem that the program is not working, that two years were spent developing the program and nothing has changed. Mayor Rooff responded that he feels the program can work, but the goals were not met on this project as the minority contractors did not bid. Mr. Culpepper stated if he submits a set of numbers and does not get the bid, he just wants to know what were the other bid numbers. The contractors say they don't have to give the bid amounts to the minority contractors, and that this is the prime contractors' policy. Mr. Culpepper stated this tells him that the prime contractors have no intention of working with him if they won't give him the bid amounts. Mr. Culpepper stated the prime contractors are suppose to work with and assist the minority contractors. Mayor Rooff responded that Mr. Culpepper was awarded subcontracting on the airport and asked did the program work then or did Mr. Culpepper just get the contract. Mr. Culpepper replied that Peters Construction will work with the minority contractors, but the other prime contractors say they won't give out the numbers after the bids are opened and awarded. Mayor Rooff responded that they are the general contractors, and he does not know what he can do to make the prime contractors give out the numbers after the bids are opened. Mr. Culpepper stated he feels this should be part of the mentoring program. Mr. Culpepper asked why wasn't the Five Sullivan Convention Center Project put on hold with the low minority participation and Prairie Construction Company having no minority contractors on their bid. Rudy Jones, Interim Community Development Director, stated that the Five Sullivan Brothers Convention Center Renovation Project did have the low bidder submit comparable numbers. Mr. Jones stated he met with the prime contractor and Lou Cutwright and will have a summation ready by Thursday. Mr. Martin stated that the city is going to spend $2 million on this project and the minority contractors have nothing to look forward to. Mayor Rooff responded that the guidelines for the new Contract Compliance Officer will be looking at information to give to contractors. Mayor Rooff stated the city is committed to this program. Terry Phillips stated he would like to reiterate a couple of things. Everyone worked the last couple of years to get something resolved. This is a new year, lets not go backward. Mr. Phillips stated we have a program, lets make it work. Patrick Price stated his house at 1202 Independence Avenue has a free standing deck, but the city won't give him a permit. Mr. Price stated he received a $200 citation and was assessed $50 court costs. Mr. Price stated he can't get anything done in the Highland Historic Area. Mr. Price stated this deck needs to be approved somehow, but they are saying remove the deck or bring it into compliance. Mayor Rooff replied he asked Lou Cutwright, Building Official, to look at the deck, and he feels Mr. Cutwright has a solution. Mayor Rooff asked Mr. Price to meet with Mr. Cutwright after the meeting. Mr. Price stated everyone is complaining about the Waterloo Historic Commission, but he likes the commission. Melissa Edsill, Associate Planner, reported that Mr. Price has been asked to reduce the site and make the deck not visible from the Highway. Councilperson Getty introduced newly appointed 4th Ward Council Member John Kincaid. January 27, 2003 Page 2 ORAL PRESENTATIONS Mayor Rooff stated that Councilperson Kincaid was one of fourteen candidates for the vacant Fourth Ward seat. Mayor Rooff stated that during the interviews everyone felt that not only has Councilperson Kincaid worked 39 years at John Deere, is a member of the Patterns Union, attended East High School, he also raised his family here. Everyone felt these were qualities that we would like on this city council. Councilperson Kincaid thanked Mayor Rooff and Council Members for appointing him as the Fourth Ward Council Member. Councilperson Kincaid stated he has lived in the Fourth Ward most of his life, knows a lot about the ward, and he feels he can make a difference. Jordan/Getty that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 117684 - Hurley/Jordan that the Agenda, as amended, for the Regular Session on Monday, January 27, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 117685 - Getty/Jordan that the Minutes, as proposed, for the Regular Session on Tuesday, January 21, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. CONSENT AGENDA 117686 - Hurley/Clark that the following items on the consent agenda be received, placed on file and approved: a. Communication from City Attorney transmitting appointment of David Zellhoefer to the position of part-time Assistant City Attorney, effective February 1, 2003. b. Communication from Garage Superintendent transmitting recommendation of appointment of Jeffrey Turner to the position of Mechanic, effective at a mutually agreed upon date. c. Communication from City Clerk transmitting recommendation of appointment of Kaara Latusick to the position of Clerk II, effective February 10, 2003. d. Liquor License Permit Application Class E Osco Drug, 2060 Crossroads Boulevard (Renewal) (Expires 2/28/04) (Includes Sunday Sales) Econofoods, 1411 Flammang Drive (Renewal) (Expires 2/17/04) (Includes Sunday Sales) e. Beer License Permit Application Class C Econofoods, 1411 Flammang Drive (Renewal) (Expires 2/17/04) (Includes Sunday Sales) f. Wine License Permit Application Class B Econofoods, 1411 Flammang Drive (Renewal) (Expires 2/17/04) (Includes Sunday Sales) g• Beer/Liquor License Permit Application Class C Electric Park Ballroom, 310 W. Conger Street (Renewal) (Expires 1/27/04) (Includes Sunday Sales) Amalgamated Local 838 U.A.W., 2615 Washington Street (Renewal) (Expires 2/28/04) Tony's Trattoria, 3251 West 4th Street (Renewal) (Expires 3/31/04) (Includes Sunday Sales) National Dairy Cattle Congress, 250 Ansborough Avenue (Renewal) (Expires 2/28/04) (Includes Sunday Sales) January 27, 2003 CONSENT AGENDA CONTINUED • Page 3 h. Cammie Scully, Director of Cultural & Arts Commission to attend a governance/board development workshop and participate in coalition activities in Washington, D.C. on March 20-26, 2003, with costs not to exceed $1,872.00. i. John R. Rooff, Mayor, to attend National League of Cities Congressional City Conference in Washington, D.C. on March 6-11, 2003, with costs not to exceed $1,765.00. Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license permit applications. Absent: Greenwood. Motion carried. REPORTS 117687 - Jordan/Welper that communication from Assistant City Planner transmitting Guidelines for Sale of City -Owned Property be received, placed on file and "Resolution approving said guidelines", be adopted. Ayes: Five. Nays: Clark. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-60. HEARINGS AND BIDS 117688 - Getty/Welper that proof of publication of notice of public hearing on F.Y. 2003 Salvaged Asphalt Crushing, Contract No. 662, as published in the Waterloo Courier on January 17, 2003, be received and placed on file.Ayes: Six. Absent: Greenwood. Motion carried. 117689 - 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: Six. Absent: Greenwood. Motion carried. 117690 - Hurley/Jordan that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Salvaged Asphalt Crushing, Contract No. 662", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-61. 117691 - Jordan/Clark that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-62. 117692 - Getty/Clark to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid A -Line Crushing, Waterloo, IA $3,970.75 $79,415.00 Basic Materials Corp., Waterloo, IA 5% $91,935.00 Breuning Rock Products, Decorah, IA 5% $79,999.89 C.J. Moyna E. Sons, Elkader, IA 5% $79,000.00 Kuhlman Construction Co., Colesburg, IA 5% $84,005.00 Manatt's Inc., Brooklyn, IA 5% $79,925.00 Peterson Contractors, Inc., Reinbeck, IA 5% $77,910.00 Reilly Construction Co., Inc., Ossian, IA 5% $80,730.00 Ayes: Six. Absent: Greenwood. Motion carried. January 27, 2003 HEARINGS 117693 - Getty/Clark Page 4 that proof of publication of notice of public hearing on request of Gina Jordan to sell and convey city -owned property generally located on Dundee Avenue between Stratford and Upton Avenues for $16,800.00, as published in the Waterloo Courier on January 21, 2003, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 117694 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mr. Becker, 518 Dundee Avenue, reported a while back he was in contact with the Planning, Programming and Zoning office, and he asked for a piece of this property. The staff member told him he would get back to him because the lot line was close to his house. Don Temeyer, City Planner, stated he will have to speak with Gina Jordan and Mr. Becker to see what part of the property Mr. Becker wants. Mr. Temeyer stated the sale of the property could be approved subject to talking to Mr. Becker and Ms. Jordan. Councilperson Getty asked Mr. Becker if after the property was posted for sale did he contact Planning and Zoning. Mr. Becker replied he talked with Wade Wagoner in November who said the status of the property was unclear and he would notify him as soon as there was information. Getty/Clark that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 117695 - Getty/Hurley that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated he was in favor of the sale of this property, but Mr. Becker's request throws a new wrinkle into selling the property. Councilperson Clark stated he thinks we need to see what we can do for the adjacent property owner as he contacted the city first and we did not get back to him. Councilperson Hurley agreed with Councilperson Clark. Councilperson Hurley stated that Noel Anderson's letter says they contacted the owner and received no answer. Councilperson Hurley stated for cleanliness and clarity he would like the city to get the two parties together. Councilperson Getty stated he is sure they can work something out. Councilperson Welper agreed with the other council members and asked how much of the property is Mr. Becker talking about. Don Temeyer, City Planner, stated his office will immediately start working with Mr. Becker and Ms. Jordan. Clark/Hurley that "Resolution authorizing said sale and conveyance", be tabled for one week. Ayes: Six. Absent: Greenwood. Motion carried. PETITIONS FROM PUBLIC 117696 - Welper/Clark that communication from City Clerk transmitting request of John Miller for an exception to burning yard waste to burn approximately 24 acres of prairie grass located on South Kimball Avenue behind 145 Blaine Road on the edge of the city limits in March/April 2003, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-63. • do January 27, 2003 DOCUMENTS 117697 - Hurley/Welper • Page 5 that communication from Interim Community Development Director transmitting Subordination Agreement which places the city's position on two HOME Program loans as secondary to the primary lender, Iowa Finance Authority, in conjunction with Marsh Place, L.P. be received, placed on file and "Resolution approving said subordination agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-64. 117698 - Clark/Jordan that communication from Assistant City Engineer transmitting recommendation to accept plat improvements for Anderson's Sixth Addition be received, placed on file and "Resolution approving said plat improvements", be adopted and two year maintenance bonds from Rampart Corporation, Peterson Contractors, Inc. and K & W Electric, Inc. be received and placed on file.Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-65. 117699 - Clark/Jordan that communication from Police Chief transmitting renewal of Maintenance and Support Agreement with Printrak International Incorporated to provide services and equipment for mugshots be received, placed on file and "Resolution approving said agreement", be adopted and Police Chief authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-66. 117700 - Clark/Jordan that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $1,438,800.00 from Prairie Construction Company, Inc. of Waterloo, Iowa in conjunction with Five Sullivan Brothers Convention Center 2002 Renovation, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-67. RESOLUTIONS TO BE ADOPTED 117701 - Jordan/Hurley that "Resolution transferring $10,000.00 from Cultural & Arts Building Improvement Fund, $40,000.00 from Library Improvement Fund, $10,000.00 from City Hall Improvement Fund, $100,000.00 from Fire Department Improvement Fund, and $40,000.00 from Parking Ramp Improvement Fund to Five Sullivan Brothers Convention Center Project", be received, placed on file and adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-68. BILLS PAYMENT 117702 - Jordan that "Resolution approving Schedule AP640, pp. 1-76, dated January 27, 2003, in the amount of $2,524,965.78, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2003-69. ADJOURNMENT 117703 - Hurley/Clark that the Council adjourn at 6:10 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Nancy\ckert City Clerk