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HomeMy WebLinkAboutMinutes-04/24/2006April 24, 2006 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, April 24, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Councilperson Carolyn Cole. 123353 - Schmitt/Kincaid that the Agenda, as amended to delete Item #9, for the Regular Session on Monday, April 24, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 123354 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, April 17, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring April 23-29, 2006 as Arbor Week. CONSENT AGENDA 123355 - Schmitt/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-53, dated April 24, 2006, in the amount of $4,280,016.59, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2006-321. 2. Communication from City Engineer transmitting request of Ellen Skalsky for a waiver for a concrete driveway to be located at 223 Edison Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-322. 3. Communication from City Engineer transmitting request of Amy Skalsky- Akhtar for a waiver for a concrete driveway to be located at 229 Edison Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-323. 4. Communication from Police Chief transmitting request of YMCA Wellness Director to hold 2006 5K Fun Run for Inclusion on May 6, 2006 starting at 8:00 a.m. Resolution adopted and upon approval by Mayor assigned No. 2006-324. 5. Communication from Police Chief transmitting request of Main Street Waterloo to hold Cinco de Mayo Festival on May 6, 2006 from 3:30 p.m. to 10:00 p.m. on West 4th Street near LaPlacita Grocery and to hold a mini parade starting on Lafayette Street between Park Avenue and East 4th Street, down 4th Street and across the bridge to the LaPlacita Grocery. Resolution adopted and upon approval by Mayor assigned No. 2006-325. 6. Communication from City Clerk transmitting request of John Deere Waterloo Works to burn approximately 40 acres of prairie grass located on the north side of their property along Donald Street during the time frame of April 25 - May 31, 2006, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor assigned No. 2006-326. . April 24, 2006 Page 2 Consent Agenda continued b. Motion to approve the following: 1. Communication from Leisure Services Director transmitting recommendation of appointment of Alex Hildman to the position of Recreation Specialist, effective April 25, 2006. 2. Matt Vlasak and Kevin McKenzie, Maintenance Electricians, to assist in tornado damage restoration of traffic signals in Iowa City, Iowa on April 17-19, 2006, with costs not to exceed $320.00, including use of city vehicle. 3. Rusty Zey, Airport Maintenance, to attend Airport Security Coordinator Training School in Philadelphia, Pennsylvania on June 22-23, 2006, with costs not to exceed $1,325.00. 4. David Meeks, Executive Director of Human Rights Commission, to attend 9th Annual St. Louis Regional Fair Housing Conference in St. Louis, Missouri on April 26-28, 2006, with costs not to exceed $637.38. 5. Tim Pillack, Police Captain; Carroll Kienol, Police Lieutenant; Robert Hewitt and Steve Tomkins, Police Sergeants; to attend Quota -Free Police Productivity System Training in Cedar Falls, Iowa on May 16, 2006, with costs not to exceed $410.00, including use of city vehicle. 6. Mike McNamee, Joe Liebold, and Rich Carter, Police Lieutenants; to attend Police Management School at Johnston, Iowa on June 5-9, 2006, with costs not to exceed $2,244.00, including use of city vehicle. 7. James Bartlett, Police Officer; and Todd Wilson, Civilian Planner; to attend 1st Annual Gangs, Guns and Drugs Training Conference in Las Vegas, Nevada on April 30 -May 5, 2006, with costs not to exceed $1,878.20. 8. Jeff Tyler, Joe Saunders and Dustin Lindaman, Police Officers; to attend Midwest Gang Conference in Louisville, Kentucky on May 13-17, 2006, with costs not to exceed $2,836.56. c. Beer/Liquor License Permit Application Class C Half -Pint Saloon, 1831 Independence Avenue (Renewal) (Expires 4/18/07) (Includes Sunday Sales) Paulie's Place, 814 LaPorte Road (Renewal) (Expires 5/14/07) (Includes Sunday Sales) Edo's Sports Bar, 110 East 11th Street (New) (Expires 5/1/07) (Includes Sunday Sales) Expresso Cafe Oasis, 307 West 5th Street (Renewal) (Expires 4/26/07) (Includes Sunday Sales) d. Liquor License Permit Application Class A Amvets Home, Inc., 32 Lafayette Road (Renewal) (Expires 5/13/07) (Includes Sunday Sales) e. Beer License Permit Application Class B Godfathers Pizza, 3811 University Avenue (Renewal) (Expires 4/30/07) (Includes Sunday Sales) f. Beer License Permit Application Class C El Mercadito, 520 LaPorte Road (Renewal) (Expires 5/21/07) (Includes Sunday Sales) Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/07) (Includes Sunday Sales) Porsches Videos, 1850 West Airline Highway (New) (Expires 4/25/07) (Includes Sunday Sales) g. Beer/Wine License Permit Application Special Class C Main Street Waterloo transfer to 322 West 4th Street on. May 6-7, 2006 h. Theater License Application Crossroads 12 Theatre, 2450 Crossroads Boulevard Adult Emporium 1507 LaPorte Road i. Outdoor Service Area Application Amvets Home, Inc., 32 Lafayette Road April 24, 2006 Consent Agenda continued j. Bonds. Ayes: Seven. Motion carried. HEARINGS 123356 - Greenwood/Welper that proof of publication of notice of public hearing on request of to vacate, sell and convey for $8,194.50 portions of Hallowell Road Street adjacent to 502 Hallowell Road, as published in the Waterloo April 14, 2006, be received and placed on file. Ayes: Seven. Motion Page 3 Lynn Piper and Willow Courier on carried. 123357 - This being the time and place of public hearing, the Mayor called for and oral objections and there were none. Greenwood/Welper written that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 123358 - Greenwood/Welper that "an Ordinance vacating portions of Hallowell Road and Willow Street adjacent to 502 Hallowell Road", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 123359 - Greenwood/Cole that rules requiring ordinances to be considered and voted for passage prior meetings be suspended. Ayes: Seven. Motion carried. 123360 - Greenwood/Cole at two that "an Ordinance vacating portions of Hallowell Road and Willow Street adjacent to 502 Hallowell Road", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4809. 123361 - Greenwood/Cole 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. 2006-327. 123362 - Gunderson/Schmitt that proof of publication of notice of public hearing on request of Gary W. and Caroline C. Wendel (Chase Auto) to vacate, sell and convey for $4,400.00 a portion of Lowell Avenue, alley and area near the levee system generally located between Mitchell and Easton Avenues, as published in the Waterloo Courier on April 14, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123363 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Welper that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 123364 - Gunderson/Cole that "an Ordinance vacating a portion of Lowell Avenue, alley and area near the levee system generally located between Mitchell and Easton Avenues", 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. April 24, 2006 Page 4 Hearings continued Councilperson Greenwood asked if this meets the requirements of the city's Sale of Property Policy. Don Temeyer, Community Planning & Development Director, responded this does meet the policy. Mr. Temeyer stated city staff negotiated the best price with the applicants. The applicants previously had the property appraised, and made an offer to purchase the property, minus the surveying costs. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 123365 - Gunderson/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 123366 - Gunderson/Schmitt that "an Ordinance vacating a portion of Lowell Avenue, alley and area near the levee system generally located between Mitchell and Easton Avenues", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4810. 123367 - Gunderson/Cole 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. 2006-328. 123368 - Kincaid/Getty that proof of publication of notice of public hearing on reallocation of $40,000.00 unspent proceeds of the General Obligation Bonds, Taxable Series 2004B to defray costs of consulting services and other preliminary costs associated with securing grant funding to assist in the redevelopment of the Logan Plaza area, as published in the Waterloo Courier on April 14, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123369 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Kincaid/Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 123370 - Kincaid/Cole that "Resolution instituting proceedings to take additional action and approving reallocation of said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-329. 123371 Welper/Cole that proof of publication of notice of public hearing on Community Development Block Grant (CDBG) and HOME Program Funds for the FY2007 Waterloo/Cedar Falls HOME Consortium Consolidated Plan Application, as published in the Waterloo Courier on April 18, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123372 - This being the time and place of public hearing, the Mayor called for written and oral objections. City Clerk Nancy Eckert reported a letter is on file from Eric Thorson, City Engineer, expressing concern about the board's decision not to budget Block Grant funds to assist those who qualify for financial assistance in conjunction with the sidewalk repair program. In addition, a letter has been received from El Centro Latinoamericano asking the council to provide funding for their organization. Schmitt/Kincaid that the letters from the City Engineer and El Centro Latinoamericano be received and placed on file. Ayes: Seven. Motion carried. • • • April 24, 2006 Hearings continued Page 5 123373 - Mike Vangorder, with the Black Hawk Center for Independent Living, asked the council to reconsider their funding request. Mr. Vangorder explained his organization helps with operator accessibility for people who become disabled and need a ramp, and they have been doing this for ten years. This could include someone who purchases a home and needs a ramp or persons who are homebound and utilize different programs in the city. Mr. Vangorder stated this has been a very popular program that serves low to moderate -income citizens, and they have a waiting list of people needing a ramp. Gina Cassis, Executive Director of El Centro Latinoamericano, 316 West 3rd Street, stated at the last hearing people talked about the services provided by them to the Latino community both in Waterloo and Cedar Falls. Ms. Cassis stated this is an important service, and they serve over 5,000 Latinos in the Waterloo community. Ms. Cassis stated it is very important the council reconsider the amount they are requesting from the CDBG grant. They have been funded for the past three years, and it is a very important service they provide to this community, its unique, and there is no other service like this. They provide this service to the low and moderate -income people of Waterloo and the Espanish community. Ms. Cassis stated their population continues to grow year by year, they have become a huge community in this area and are very underserved. Ms. Cassis stated they need to continue providing this service to them as they have no other place to go. Ms. Cassis asked the council. to consider their request. Welper/Kincaid that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 123374 - Welper/Greenwood that "Resolution approving said Community Development Block Grant (CDBG) and HOME Program Funds for the FY2007 Waterloo/Cedar Falls HOME Consortium Consolidated Plan Application", be adopted and the Mayor authorized to submit said Plans to the Department of Housing and Urban Development. Prior to a vote on the above motion, the following comments were heard. Councilperson Schmitt stated we heard requests tonight for CDBG funding for services, and Rudy Jones mention during the council work session the 20 percent service cap, and he asked Mr. Jones to explain which line items in the $1.4 million are causing the city to be at the 20 percent cap. Rudy Jones, Community Development Director, responded the Waterloo Housing Partnership and Neighborhood Services. Mayor Hurley stated the Waterloo. Housing Partnership is $70,000.00 and Neighborhood Services is $125,000.00 and the other cap is rehabilitation administration. Mr. Jones stated the 20 percent cap is the administration cap and 15 percent public service cap, and those caps are separated from Block grant and the HOME grant. Mr. Jones explained why $75,000.00 goes to the City of Cedar Falls. If we combine our HOME activities with the City of Cedar Falls that allows us to collectively receive more HOME dollars versus applying alone. Councilperson Getty asked if El Centro Latinoamericano could charge back to the city for whatever hours of services they provide. Mayor Hurley responded El Centro Latinoamericano is set up to do that because they do it for other clients, but we would have to set them up as a supplier or vendor and then it would have to come out of the operating budgets of the departments who ask for El Centro's help. Councilperson Greenwood asked Mr. Jones to point out the difference in funding we received this year over last year and why we can't fund some of the programs we have funded in the past. Mr. Rudy reported in the past five years Community Development has lost approximately $500,000.00 and over the past ten years we have lost almost $1 million due to federal budget cuts. With those decrease in dollars, Community Development is not able to help the non -profits or other city funded programs Community Development would normally do such as sidewalks and Leisure Services programs. Mr. Jones stated they are strained for additional dollars to make those things happen. April 24, 2006 Hearings continued Page 6 Councilperson Greenwood asked if the original cuts in the CDBG were more extensive then what they ended up. Mr. Jones replied yes they were, and he believes an additional 20 to 30 percent reduction is being proposed for next year. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-330. PETITIONS FROM PUBLIC 123375 - Councilperson Getty stated in March 2006 Mr. Dettmer came before the council about buying Utica Street, and the council asked him to clean up his property, and he said within a week he would have it done. Councilperson Getty said he is confused why this item is even on tonight's agenda. Councilperson Getty stated late last week a Code Enforcement Officer contacted him that Mr. Dettmer would like to speak to him about his property and that he was in the process of cleaning it. Councilperson Getty stated he went to look at the property and talk to this gentleman, which he did not do because he was shocked when he got to this property to find out that Utica Street is already blocked, that behind his home he has already dug the hole to expand the building, and all the dirt he took out of the earth is now piled on Utica Street on the section he is asking to buy. Councilperson Getty asked the council to table this item until such time they get some answers as to what is going on with this property. Councilperson Gunderson stated he was at the property, and he doesn't understand how somebody can just barricade a street, decide he is going to work on construction, and he isn't even sure there is a building permit for this property. Councilperson Getty noted as of this morning Mr. Dettmer has not taken out a permit. Mayor Hurley stated it sounds like the property owner has gotten ahead of the process. Councilperson Welper stated he was out at the property today, and Mr. Dettmer has already started the process of digging and moving things around. Lou Cutwright, Building Official/Maintenance Administrator, stated a building permit should be in hand before someone starts the building process, and the location needs to be approved by Planning and Zoning. Mayor Hurley asked Mr. Cutwright to notify Mr. Dettmer to cease with what he is doing until everything is in order. Getty/Gunderson that communication from Senior Planner transmitting request of Gene Dettmer to vacate, sell and convey for $1.00 a portion of public right-of-way formerly known as Utica Street generally located south of Dawson Street and north of the east -west alley east of Columbia Street and approve Development Agreement with a minimum increase in taxable value of $40,200.00, be tabled. Ayes: Seven. Motion carried. Councilperson Getty asked for a meeting with Mayor Hurley, Mr. Cutwright and Code Enforcement to find out why this happened. DOCUMENTS 123376 - Cole/Schmitt that communication from Senior Planner transmitting agreement with Michael Cook to lease three parcels of land generally located along Martin Luther King Jr. Drive for $300.00 to use for farming purposes, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-331. April 24, 2006 Documents continued Page 7 123377 - Cole/Schmitt that communication from Community Planning and Development Director transmitting amendment to agreement with U.S. Bank National Association to purchase a portion of the drive -up parking lot at 425 Cedar Street to extend the date of completion to October 31, 2006, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-332. 123378 - Cole/Schmitt that communication from Chief Financial Officer transmitting agreement at a cost of $6,000.00 with Berens -Tate Consulting Group to complete rebate calculations for Sewer Revenue Bonds, Series 1998B and General Obligation Bonds, Series 2001, to maintain tax-exempt status be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-333. 123379 - Cole/Schmitt that communication from Assistant City Engineer transmitting acceptance of Plat Improvements for Nottingham First Addition, be received, placed on file and "Resolution approving said improvements", be adopted and two-year maintenance bond from Weichers Construction Inc. of Cedar Falls, Iowa be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-334. 123380 - Cole/Schmitt that communication from Community Planning and Development Director transmitting Total Acquisition Contract with Lyle A. Hoofnagle and Diana K. Hedges for property generally located at the northeast corner of East 8th Street and Lafayette Street for $54,000.00, with moving expenses, legal fees, appraisal fees and incidentals not to exceed $15,000.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-335. 123381 - Cole/Schmitt that communication from Community Planning & Development Director transmitting Development Agreement with Joe Gleason for rehabilitation of 925-927 Sycamore Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-336. 123382 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting Professional Service Agreement with Earth Tech at a cost of $9,000.00 to evaluate the condition and provide plans and specifications for repairs to Park Avenue Parking Ramp, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-337. 123383 - Cole/Schmitt that communication from Airport Director transmitting Change Order No. 1 for a net increase in the amount of $17,774.00 for work performed by D & N Fence Company of Cedar Rapids, Iowa in conjunction with Waterloo Regional Airport Wildlife Fencing Project, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. April 24, 2006 Page 8 li Documents continued 123384 - Schmitt/Welper that communication from City Planner transmitting financial application with Iowa Department of Economic Development for High Quality Job Creation Program (HQJC) and CEBA Program funding for ConAgra Foods Phase II expansion at 2701 MidPort Boulevard, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-338. 123385 - Schmitt/Welper that communication from City Planner transmitting a Memorandum of Understanding with Iowa Northland Regional Council of Governments, at a maximum cost of $2,500.00, to prepare Revitalize Iowa's Sound Economy (RISE) application for Immediate Opportunity in conjunction with ConAgra expansion at 2701 MidPort Boulevard, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-339. 123386 - Schmitt/Welper that communication from City Planner transmitting application with Iowa Department of Transportation for Revitalize Iowa's Sound Economy (RISE) funding for Immediate Opportunity as part of the ConAgra expansion at 2701 MidPort Boulevard to expand MidPort Boulevard to the easterly property line of the Con Agra site, at an estimated cost of $873,100.00, with a required city match, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-340. NEW BUSINESS 123387 - Kincaid/Welper that communication from Community Development Director transmitting proposed 2nd Amendment to the Section 108 Loan Guarantee/BEDI grant application for the Cedar Valley Riverfront Renaissance Project, together with recommendation of approval of Community Development Board, be received, placed on file and "Resolution setting date of hearing as May 1, 2006 at 5:30 p.m. in the City Hall Council Chambers on the above described amendment", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-341. 123388 - Kincaid/Welper that communication from Community Development Director transmitting Amendment to FY2005-FY2009 Five -Year Consolidated Plan and FY2006 One -Year Action Plan for U.S. Department of Housing and Urban Development funding involving revised project costs, together with recommendation of approval of Community Development Board, be received, placed on file and "Resolution setting date of hearing as May 8, 2006 at 5:30 p.m. in the City Hall Council Chambers on the above described amendment", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-342. 123389 - Kincaid/Welper that "Resolution authorizing City Engineer to send out notification to property owners of proposed sidewalk repairs and estimate of costs and setting date of hearing as May 15, 2006 at 5:30 p.m. in the City Hall Council Chambers on proposed repairs in conjunction with the Sidewalk Inspection and Repair Program - Zone 6", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-343. • • • April 24, 2006 New Business continued 123390 - Getty/Schmitt Page 9 to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with Five Sullivan Brothers Convention Center Mechanical Upgrade - Phase II, be received, placed on file and approved. Ayes: Seven. Motion carried. 123391 - Councilperson Greenwood stated Johnson Controls, Inc. was commissioned to do the study for facility improvement/energy usage in city buildings. Lou Cutwright, Building Official/Maintenance Administrator, responded this item has nothing to do with that study. Mr. Cutwright stated over the last few years the city has been upgrading and updating the Five Sullivan Brothers Convention Center. After doing the interior, Gilmore & Doyle, along with Johnson Controls, Inc., started working on the Five Sullivan Brothers Convention Center mechanical systems. Those mechanical systems are outdated, 30 years old, and there are many problems with them. Mr. Cutwright stated the first phase was done two years ago and this is the second phase of the upgrade of the Five Sullivan Brothers Convention Center mechanical system and has nothing to do with the energy study. Mayor Hurley stated the energy audit was for several of the public buildings and this is just for the Five Sullivan Brothers Convention Center, which has been to subcommittees several times. The first major objection was we were jumping in with Johnson Controls, Inc. and going exclusively with them and that was deemed unfair and we were asked to open it up. We opened it up, came to the council and had a stipulation about proprietary Johnson Controls, Inc. equipment and that they would have to keep those controls, and that was objected to by local contractors and some of the council. This is the third or fourth run to get the Five Sullivan Brothers Convention Center mechanicals where they should be so that we can start saving the energy and pay back the bond money we are going to borrow to do this project. Mayor Hurley stated all the objections have been raked out of this document. Councilperson Greenwood stated the specifications say this product should be JCI. Mr. Cutwright stated right now all the mechanical operations at the Five Sullivan Brothers Convention Center are Johnson Controls. Mr. Cutwright stated Clause 5 under General Conditions in the document he is sending out to all the vendors says that they can, if they want to, supply a different item, then they need to submit the specifications and all the documentation showing that it will continue to work with the JCI equipment we have in place, or they can just use the JCI equipment to piggy back on top of what is there. Mr. Cutwright stated it is a matter of making sure we don't have a morphidite system at the Five Sullivan Brothers Convention Center, just like you wouldn't buy a Ford and then go to Chevy for the parts even though some of them probably could work. Councilperson Gunderson stated he read the specifications, and he has a problem with the bid document because JCI is mentioned 25 times that they have to use their equipment. Councilperson Gunderson stated that would be like when the Police Department takes out bids for cars and lets Chevy and Dodge bid on them but they have to have a Ford engine in them. Mr. Cutwright noted that Item 5 General Specifications under Notice to Vendors it says if a vendor is going to use anything other than which is specified, and the city has the right to spec a given item for its buildings, then they shall produce all of the items necessary such as engineering to put the system together and make sure it works properly. Mayor Hurley noted that going back three or four years or longer, the situation we find ourselves in today is we have JCI controllers and actuators. Mayor Hurley stated Mr. Cutwright had to construct the specifications so potential bidders will understand what we have, just a numerator in each area of what already exists. Councilperson Gunderson stated we are updating the whole system, and May 9 last year we went into an agreement to evaluate all of the systems at City Hall, the Library, Center For The Arts, Young Arena and the Five Sullivan Brothers Convention Center, and he still hasn't seen any report which was suppose to be given to the council 45 days after the May 9 date, and he assumes they are all tied together. Mr. Cutwright responded they are not tied together. This is not for all city buildings, but for the Five Sullivan Brothers Convention Center only, just upgrading that system as a means of improving its efficiency and utilizing the energy savings to pay back the bond money necessary to make those changes. April 24, 2006 New Business continued Mr. Cutwright reported the estimated energy savings is around $65,000.00 per year for the Five Sullivan Brothers Convention Center and the estimated cost for this project is $400,000.00. Page 10 Councilperson Greenwood asked if Gilmore & Doyle wrote the RFP. Mr. Cutwright responded they worked with him on the RFP, they did not write it. Mr. Cutwright stated it went into their office, they reviewed it and submitted it back to him as an RFP. Mr. Cutwright noted Gilmore & Doyle have been involved in pulling together all the locations of all the equipment in the building so any bidder would be able to look at the document and be able to find and review the equipment and make a decision as to how they want to handle it and submit accordingly. Councilperson Gunderson asked if Johnson Controls had any direct input into writing the specifications. Mr. Cutwright stated approximately a year ago when we first started this process, Johnson Controls, Inc., along with Gilmore & Doyle, put the complete package together. Mr. Cutwright stated out of that package, he utilized a lot of the information that they put together because it was mechanically correct so why reinvent the wheel. Mayor Hurley stated Johnson Controls worked under the auspice of Gilmore & Doyle to build the architectural of what we want to do with the mechanical systems at Five Sullivan Brothers Convention Center. We paid them for that service. Councilperson Greenwood asked Mr. Cutwright if he feels this is a fair situation for people in the community who want to bid this project. Mr. Cutwright responded he does think it is a fair situation because it gives them the opportunity to utilize the equipment that is in the building that is specified in the RFP, or if they want to submit something different they can work with their vendors to provide engineering drawings for the new equipment they are going to put in. Mr. Cutwright stated his main goal is to have one general contractor responsible for the full project. If a general contractor is responsible for the full project then they are going to have to make sure it fits together, make sure it works so when it is turned over to the City of Waterloo we don't have to go back to four different individuals to effect a correction. We will go back to one vendor, be it a local vendor, be it Siemens, Trane or Johnson Controls and say we have a problem, correct it, so they can't point a finger at someone else. Mr. Cutwright stated this is why it is under one package, and he thinks the package will produce for the city what we want at the Five Sullivan Brothers Convention Center and give us an updated building into the 2181 century. Mr. Cutwright stated it will also make it so we can utilize the energy savings to pay it back at no costs to the taxpayers of Waterloo Councilperson Greenwood asked Mr. Cutwright if setting the date of hearing for May 22 will give the potential bidders enough time to get their specifications and bids put together because the specifications are asking them to use a different product. Mr. Cutwright responded if vendors are interested in the project he believes four weeks gives them enough time to completely go through the system because almost any vendor will dedicate a team to look at that particular item if they are really interested in the project. Mayor Hurley stated he met with one of the local contractors who he would expect would bid on this project back in Phase II or III, and he thinks we have done everything objected to by that contractor. Mayor Hurley noted that the general requirements allows a bidder to submit a different operating system, and last time around we wouldn't even entertain that thought, we said we were going with Johnson Controls. Mayor Hurley noted that Johnson Controls was handed to us way back in the days we contracted with Gilmore & Doyle. Mayor Hurley stated now we are saying the bidders don't have to use Johnson Controls, Inc. equipment, but if they are going to use something else, it makes common sense to us as the owner and operator that we want to do know what is going on so we are asking them to produce engineering drawings for all the systems, operating manual and factory training outlined in Section 3.2 so we have some confidence that the Chevy parts mated up with the Ford electronics with the Dodge transmission is going to run. Councilperson Cole stated we have spent an enormous amount of time on this issue, and she asked Mr. Cutwright if he could ballpark a building like Five Sullivan Brothers Convention Center as to what it would cost to completely tear out everything we have and start over. Mr. Cutwright responded constructing a building like the Five Sullivan Brothers Convention Center today would be between $10 million to $12 million and it would be about 15 to 20 percent for mechanical costs so he thinks it would cost about $2 million for the mechanical system. • • • • April 24, 2006 New Business continued Page 11 Councilperson Schmitt stated when he read through the material he had the same questions about Johnson Controls, but if you read sections like General Requirements basically all the equipment is specified as JCI equipment, but then the bidder is allowed to use other equipment, but that equipment has to be equivalent and the contractor has to show that all the specifications match. Councilperson Schmitt stated he feels the document is well written, and we are asking JCI comparative equipment to be installed or the contractor provides all the equipment and installs it and is responsible for the equipment and installation. Getty/Welper that plans, specifications, form of contract, etc. in conjunction with Five Sullivan Brothers Convention Center Mechanical Upgrade - Phase II, be received and placed on file. Ayes: Six. Nays: Gunderson. Motion carried. 123392 - Getty/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Nays: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-344. 123393 - Getty/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as May 22, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated he is taking Mr. Cutwright's word that the people have enough time to respond to the Request for Proposal, but he wants to make sure that the deck doesn't get stacked in favor of the proprietary vendor whose name is throughout the specifications versus someone else who has to decide who they are working with, so these people don't get slighted in trying to get their bids together. Louis Cutwright, Building Official/Maintenance Administrator, stated in this type of industry, those large companies that provide this type of equipment, it is not necessarily the general contractor who will do all the research. They have teams of engineers and mechanics who will go into a facility and completely search it out. If a local vendor wanted to use Trane, they would actually send a Trane team to start looking at everything, find what matches up, how it matches up and everything necessary for the bid. Mr. Cutwright stated he believes May 22 provides plenty of time. Mayor Hurley asked Mr. Cutwright what would happen if at the pre-bid meeting the bidders say this isn't enough time. Mr. Cutwright stated if that happens at the pre-bid meeting, they would get a consensus of what is a good date and then send out an addendum changing the date and then bring that back to the council. Follow comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2006-345. 123394 - Getty/Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 VGM Expansion Entrance Road, Contract No.704, be received, placed on file and approved. Ayes: Six. Abstain: Cole because she is employee of VGM. Motion carried. 123395 - Getty/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 VGM Expansion Entrance Road, Contract No.704, be received and placed on file. Ayes: Six. Abstain: Cole because she is employee of VGM. Motion carried. April 24, 2006 New Business continued 123396 - Getty/Schmitt Page 12 that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Abstain: Cole because she is employee of VGM. Resolution adopted and upon approval by Mayor assigned No. 2006-346. 123397 - Getty/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as May 8, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Abstain: Cole because she is employee of VGM. Resolution adopted and upon approval by Mayor assigned No. 2006-347. 123398 - Getty/Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 San Marnan Traffic Improvements - Phase III, Contract No. 702, be received, placed on file and approved. Ayes: Seven. Motion carried. 123399 Getty/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 San Marnan Traffic Improvements - Phase III, Contract No. 702, be received and placed on file. Ayes: Seven. Motion carried. 123400 - Getty/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-348. 123401 - Getty/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as May 15, 2006 at 5:30 p.m. in the City Hall Council Chambers", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-349. 123402 - Cole/Schmitt that communication from City Planner transmitting amendment to development agreement with ConAgra Foods (Hunt Wesson) for Phase II for construction of 200,000 sq. ft. additional warehousing and production space for property located at 2701 MidPort Boulevard, with minimum assessment of $13 million, tax rebatements for 20 years and right of first refusal on the additional 25 acres to the east of the plant site, be received, placed on file and "Resolution setting date of hearing as May 8, 2006, 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. 2006-350. ADJOURNMENT 123403 - Getty/Cole that the Council adjourn at 6:40 p.m. Ayes: Seven. Motion carried. ra.<±, Nancy Ec7Cert, CMC City Clerk • •