Council - Regular Meeting

with the webcam. Randy Gilbert, Randy Johnson, Shane White, here. Please rise for the Pledge of Allegiance. Public input. I've got a few different things.

So many days in, you know, say five or six days or 10 days, I get charged the monthly whole smear and then they get charged for the whole thing. And I'd like to know why we're both getting charged that fee, the landlord plus, unless you change your things, you know, say that from the first to first. And then I know different departments, they were told a few years back, they had to go to one meter and each one had a meter. And I get double charged, and then here you have complex of them, didn't only get one charge, instead of each unit getting charged. So one, for two, is like when the cops are in town, or when the sheriff's in town. They're always sitting out here or whatever, just quick drive through. So these motorized scooters, golf carts, motorized bicycles, they're done right in and they're gone. Because most of them, along that part, they're out of joint, they're sick, or something's wrong. So we get a test put up there. And I think you can save the money from that, from hiring an EC dog to drive around and write people up or have a letter. off the side of the road when they're doing a little tour. But what you're going to pay for an EC pub, put a fence up. Or have the cop down there be sociable with the kids and say, hey, how are you guys today? Show them a little respect. These kids nowadays need a little respect. Because they don't know what it's like to show respect. Because they don't get it. Because we had them in Centerpoint, Centerpoint, and they had them in Central City. These are just two places I know. And they got me. And I had a friend of mine that moved into a house there in Central Yeah, I just want to talk about the nuisance eating dog. Is this for grass not being mowed too?

I mean, you go out here where the dam is and that, along the highway, that's never been mowed.

got the cat tails down here four feet tall is that who's gonna how can you give somebody else in town a letter that you are we can't take care of anymore thank you

Do I have any changes to the agenda or a motion to approve the agenda as it is?

I'll motion to approve the consent agenda.

I have a motion to open public hearing number one. Ordinance 27-1, city code of ordinances update .

I'll make a motion to open public hearing number one on ordinance 27-1, city code of ordinances update.

Okay, as stated, the first public hearing for the code of ordinance updated and codified ordinance number 27-1, adopting the Urbana code of ordinances updating. I think we had one by a council member regarding the golf cart. That small piece will be changed. Otherwise, the city did not receive any additional comments by the public for updating the city code of ordinances for ordinance 27-1.

Any comments? I have a motion to close the public hearing number one. I'll make a motion to close. I'll second the motion. I have a motion to vote on public hearing number two. The motion to vote on public hearing number two. I have a motion to vote on public hearing number two. conveying a real property? I'll second.

Yes.

Yes. Yes. Yes.

Okay, so we have a property owner where a conveyance was done in 2015. And it was authorized via resolution. It was authorized in the minutes and the actual recording itself apparently was not done. So we wanted to do this properly. So a resolution was created to convey the final determination of this property to Jeff Kopecky and Gretchen M. Kopecky. From 2015, we did not have any additional public input nor did we have any emails regarding the debates.

Also, there was no sign up to speak. Any discussion? Do I have a motion to open public hearing number three, the resuming of parcel ID 2103-9200-M1 Light Industrial District to C-1.

Make a motion to open the public hearing number three, the resuming of that parcel from the M-1 Light Industrial District to C-1 at 648.

Okay, so the city did not receive any additional comments or public input regarding ordinance 323 to amend the official zoning map and zoning district boundaries in the city of Urbana, Iowa by rezoning personal ID 21039200 from M1 Life Industrial District to C1 Commercial District. No comments. Signed in.

and i have a motion to close public area number three i'll be emotionally closed public canyon i'll second right yes yes yes we have a public group director we have a Written report, do you wish to make any global additions? City engineer, do you wish to make any global additions? New business.

We cannot wait for second and third.

We can only ask the Lord to change with three votes.

Yes, you can pass the first reading with three votes, but you cannot wait for second and third if we do not have a fourth or fifth member.

How confident are we then?

How do we know?

Well, I sent it back to Tom again. So, I mean, those small edit type things, I mean, may happen, but I didn't catch that and I've gone through it. I don't know if anybody else went through it, but I would say we're fairly confident. I think the issue that we were having with the golf cart one that you recognize is that there was no additional information on it other than the picture that was taken.

Code of Ordinances Redline Version. And the final is a word for word copy, right? I don't know.

I just got your comment today, so I forwarded on to Tom, but with the short notice, he hasn't gotten back to me. I feel fairly confident, I mean, between the red line and that.

I mean, if we were to find others, hopefully we don't. If we were, I mean, it would just be like if we wanted to change an ordinance, we'd just go through the process again.

I mean, I don't feel bad about passing the adoption of it. It just doesn't make sense that we would do that if we are confident that it's accurate. I don't have much confidence that it's accurate. You know what I mean? In my opinion, there shouldn't be a question. It's a huge

that um well again i've been looking at the document the huge document since july there may be small places like that where there are edits that are missed um and then of course i hand it off to someone else because it's a large document and they transfer to the formal again It's the same document other than the golf cart part that has changed, which is giving us these hiccups kind of, but.

If that's what I'm having trouble with, if that's one of the main parts that brought this around again, we didn't even get it right in the final, I have very little confidence that anything else is not this.

Okay. I understand that, and I'm willing to take it back. I'm just making it clear that today is when you told me that. The public hearing has already been set. The council members have already had it since July. So the fact that we're finding another error the day of the public hearing, that's up to the council to decide if we're not going to pass it now again. But I just want to put out there that the same document that's I can't correct every edit, which is why it's sent to everyone else. So if it's from the day of, I can't do anything about it. So if the council doesn't want to pass it again, that's up to the council.

I think what's hard is, yes, we've had a document since July, but then we stopped And then it was brought back. We had these two versions since the beginning of August. I didn't catch that when I reviewed it. I think it's super hard to catch something like that. I don't know how many of those types of things we would catch. I think this group would even So how many, how many generations?

Is that the original copy with the edit. So the red line and the copy were here for review from other people. What's posted is the 27 one state, the city is updating those. I think that no one came in to view those, to see that there was an error from the public. I believe since this other error was found, I do believe that it's safe to pass the ordinance because what we're finding in the edit was not posted to the public, like that large document. They had to come in to view the large document to see that. So the error that's been found by you, Jeff, is not an error that someone else would have found unless they would have cared to come in and look at the large document, which nobody did. So the actual ordinance itself here with the changes doesn't change. It's just that we would still make the edit that you reference. So Tom would go in and make the edit from the red line to the actual version and still approving that based on your correction to the golf cart, which was what I was trying to say that we can still prove the first reading with the edit of the golf cart version that we found and then bring it back again for the second reading rather than taking it completely off the table, if that makes sense. Very similar, I think, to how we do a resolution. You know, if we have an edit to a resolution, we can say we approve the resolution based on this edit. I believe that we can do the same thing with this ordinance and that since you guys are the ones that saw the red line in the final version, this piece.

So if we did it that way, with the edit, you know we can't waive the second and third reading by the time we do the second and third reading, the edits wouldn't have been made. Correct.

And then if you find an additional line between now and then.

And to read through it and to get, like, I've read through it once. I'm going to be honest, I've read through it once. But depending on how you determine and how you look at things, it's going to be different. I did not see the health care.

Well, and you maybe wouldn't even have that on your alert. Jeff was here during that time, so he specifically knew that ordinance was changed. If you didn't really know that the ordinance was changed, you weren't here, that maybe wouldn't have been on your radar. Very similar to me. I was going by the picture that I received that here was what the ordinance was, sent it to ECPAG, expecting, you know, our edits to be made, which I believe they do, but I mean, in full grace to anyone, I mean, there's an edit error that I believe can be corrected before the second reading. And I think that that's still okay to do. But again, we can't pass an ordinance tonight in a first reading if Jess says no. So I guess we just go with that.

for any additional public review or council review or already set out reviews for that matter, so.

Jeff, on yours, did you highlight

So we're discussing as far as the version that we are accepting, correct? We don't match. The red line version is the master that we are averaging to what's going to be.

So, Jeff, you're saying in the 7805, which is what I saw and pulled up, in the revised red line, it references equipment that we don't require for the flag, but you're saying in the final version, it would say flags on the vehicle? So we're talking about a very small portion of it where it says the equipment, and it's just in the 7805, which I believe, which is what I'm saying. Back to what you're saying. the red line is correct, and the edit that's supposed to be made on the final version by the time we pass the entire code after the third reading, that needs to be corrected. And I'm saying I think between the red line right now and the next reading, we'll have that edit corrected.

Yes, the red line. Specifically the second. And it's not so much just about the golf cart.

because they're the ones sharing the things. I mean, you and I are all looking at it on the screen like this, trying to prepare two different documents.

Yeah.

So I'll make a motion. to approve the first reading of ordinance 27-1 adopting the city of urbana code of ordinances with the correction to the golf cart and utb ordinance 7805 thank you to amend to correct it to match the red line

Consider resolution 2027-012, making final determination to convey real property to 5 out of lot D, which is

I'll second.

9200. Motion to consider Resolution 2027-029, Shift Default Determination on Contract 2025, Pump House Improvement Rebuild Project. I'll motion to approve Resolution 2027-029. Consider resolution 2027-031 to award contractor Yes. Baskin? Yes. Memo? Yes. Consider resolution 2027-032 authorizing amendment to the professional services agreement between city of Urbana and Holland Hall engineers.

I do have a question on this. So when we talk in this context or in this term, what is that?

hourly, just switching it to hourly contract because of the unknowns with this whole charity takeover process and we're already pretty deep into it.

And this is only for the pump house agreement that we have, the contract agreement that we have with the pump house.

I had a lot of the construction engineering fees associated with that. And now that, you know, we're in the position we are, kind of cleaning up this mess. And, you know, some of the extra coordination required, which are really in Brian and these guys at B&K, to kind of pick up the pieces and proceed. There's a lot of unknowns in that. You know, our original scope. contract amount has essentially been used up to this point. So to kind of finish the lesson this out, you know, Shane particularly felt comfortable proceeding at an hourly rate instead of some fixed amount not to exceed consenting. So probably some holes before construction starts back up under a new GC.

And these would be, this would be also the difference with the, these would be then part of our claim also.

So all this extra effort and work, and that's been... last week that not just me, but B and K and Brian and these two as well, the extra effort having to deal with these people, we expect to be fairly compensated, well said and done as part of the performance bond claim. So essentially most, probably not all, but most of this charged time um uh can get reimbursed in some way or another by the surety and then um you know guy brian's coming out more clearly in his resolution to um on the last agenda item that the bond you know covers the extra effort um on the city's part um so yes that sounds good i just want to make sure like i said we're pretty far into it at this point and there was a lot of actually kind of effort even before we got uh um the notice of default turned down one extra hand holding, just their underperformance and lack of knowledge and everything else. You know, since I got back home, all in black and white, I've jumped right back into this project. But yeah, going forward, you know, they're done and out of the picture and should be sticking over. very closely documented.

And I did get something from V&K also.

Yeah, and it's not just going to be the time. We're going to request reimbursement for not doing an extra effort during the performance before the notice was received.

So after tonight, I think there's obviously more questions. Dave just had a question, too. It's my understanding that after tonight, before the legal for the surety would basically kind of communicate with the city, we had to officially terminate the contract tonight with what's very clear and laid out from the attorney in there. After tonight, then to answer your question, once this resolution is executed tomorrow, it will go straight to the attorney's office. He's got a letter ready already that will go to the legal and to surety. respond there and then we'll be hearing about how does everything roll out now we knew they weren't going to really contact us until after we just officially terminated tonight and then between the engineer and the attorney and everyone they know what next steps are going to be they just haven't officially reached out to us yet in terms of timeline in terms of

contractor and things like that so after tonight i think we'll be yeah there's a there's a plan first this thing will get done and um you know as it's spelled out so he's not going to be responsible for any extra costs occurred as a result of the contractor defaulting so sure he's also aware that they're on the starting september 1st and they're responsible on top of that 500 bucks a day and we're kind of starting this 31st which is the contract completion date so you know there's a 500 a day right and obviously we're going to need to pursue it to show you in addition to all this extra time number on top of that and that's so Yeah. But in regards to our contract, I mean, yeah, I'm just switching it over. That way it's easier to track that way too. You know, not just from our end, but from Jennifer's end too. So we can actually have a real amount and real invoices moving forward to present to the surety. Dave hasn't done that yet. Nope. i mean just for reference up to this point of the the extra hand holding the extra effort even when construction is going on additional this extra coordination after the defaulted i'm at over 120 hours just in that extra effort alone today so brian's got time dave's got time these two have time so yeah i'm pretty confident we're going to get a respectable contractor and to finish this thing out too so you know once we're finally able to move forward with that um they're probably won't be as much handled and part of me on the job site as he was before so yeah which again city would like to say thank you to both of you for the amount of work that you did just to get us where we were to get

of that then because without both of you doing that we would be in a far worse opposition because of that and because of the default of this particular contractor so again i appreciate all the work that both of you have done and i feel good about moving forward after meeting with everyone and i think once this we'll be getting an update also from the legal attorney after the execution of the resolution tonight, and you guys will all know what the next steps will be as well. That answers the questions that you have right now. And again, after tomorrow, certainly ask more questions if you have more questions once your memo comes from legal about next steps.

I'll motion to approve.

I have a motion to adjourn.

We'll make a motion to adjourn.

Well, a church doesn't pay taxes, so. This does not stay. Correct.

So there's other, I don't know how you drive with this particular one.

Is there others that are not a zone?

Well, but that doesn't mean that they're a church. It just means that they're not the only industrialist they may be.