Loading...
HomeMy WebLinkAboutMinutes-03/28/2005• March 28, 2005 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, March 28, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Absent: Kincaid. Moment of Silence. Pledge of Allegiance: Don Temeyer, Community Planning and Development Director. 121357 - Welper/Gunderson that the Agenda, as proposed, for the Regular Session on Monday, March 28, 2005, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. 121358 - Welper/Gunderson that the Minutes, as proposed, for the Regular Session on Monday, March 21, 2005, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. Mayor Hurley read a Proclamation declaring March 28 -April 3, 2005, as National Community Development Week. Mayor Hurley read a Proclamation declaring April 2, 2005, as Educational Opportunity Day. CONSENT AGENDA 121359 - Welper/Gunderson 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. 1-64, dated March 28, 2005, in the amount of $1,345,756.82, 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. 2005-242. 2. Communication from Police Chief transmitting request of Executive Director of My Waterloo Days to hold annual My Waterloo Days, including People in the Park on June 2, Dancin' Downtown and Fireworks Extravaganza on June 3, Fun Run and Children's Bike Race on June 4, and Parade and People in the Park on June 3, with parade route to begin on 4th Street and Jefferson Street to Mulberry Street and down 5th Street to Bluff Street. Resolution adopted and upon approval by Mayor assigned No. 2005-243. b. Motion to approve the following: 1. Communication from Superintendent of Waste Management Services transmitting recommendation of appointment of Jimmie Turner to the position of Waste Services Technician, effective March 29, 2005. 2. Dave Ross and Bill Austin, Sewer Maintenance Workers, to attend Spring Short Course Water and Wastewater Operators in Des Moines, Iowa on April 26-27, 2005, with costs not to exceed $450.00, including use of city vehicle. 3. Rudy Jones, Community Development Director, to attend NCRC - Iowa NAHRO Spring Conference in Davenport, Iowa on April 17-19, 2005, with costs not to exceed $610.00, including use of city vehicle. 4. Don Temeyer, Community Planning & Development Director; and Rudy Jones, Community Development Director; to attend The National Development Council Academy 2005 in Chicago, Illinois on May 10-12, 2005, with costs not to exceed $1,194.00 each, including use of city vehicle. c. Beer License Permit Application Class B South Hills Golf Course, 1830 E. Shaulis Road (Renewal) (Expires 4/1/06) (Includes Sunday Sales) March 28, 2005 Consent Agenda continued d. Outdoor Service Area Application South Hills Golf Course, 1830 E. Shaulis Road e. Second Hand Goods Dealer License Application Hollywood Video, 1205 E. San Marnan Drive f. Bonds Ayes: Six. Absent: Kincaid. Motion carried. HEARINGS AND BIDS 121360 - Greenwood/Cole Page 2 that proof of publication of notice of public hearing on F.Y. 2005 Asphalt Overlay Program, Contract No. 688, as published in the Waterloo Courier on March 14, 2005, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 121361 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed. Ayes: Six. Absent: Kincaid. Motion carried. 121362 - Greenwood/Cole that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2005 Asphalt Overlay Program, Contract No. 688", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2005-244. 121363 - Greenwood/Cole that "Resolution ordering construction in conjunction with F.Y. 2005 Asphalt Overlay Program, Contract No. 688", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2005-245. 121364 - Greenwood/Cole to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review. Bidder Bid Bond Bid Amount Aspro, Inc. & Subsidiaries 5% $2,547,690.87 of Waterloo, Iowa Ayes: Six. Absent: Kincaid. Motion carried. HEARINGS 121365 - Cole/Schmitt that proof of publication of notice of public hearing on request of Chrisbro LLC for a site plan amendment to the "S-1" Shopping District for property generally located near the corner of Crossroads Boulevard and Bopp Street for the purpose of constructing a new Hampton Inn and Suites, as published in the Waterloo Courier on March 18, 2005, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 121366 - This being the time and place of public hearing, the Mayor called for written and oral objections. Nancy Eckert, City Clerk, reported a letter has been received from the attorney representing Crossroad Fords, Ltd., dba Witham Auto Centers, objecting to the site plan amendment request. Val Martin, 907 Meadow Lane and representing Chrisbro, reported that the applicant is proposing to build a $5 million Hampton Inn and Suites, with a height of 53 feet, with the last 2 feet parapets. The building is 44 feet tall for 67 percent of total, 48 feet tall for 29 percent of total and 12 percent is just above the entry way. Ms. Martin stated that the site plan has been revised, and she distributed copies of the proposed site plan. • • March 28, 2005 • • Hearings continued Page 3 Bob Braun, 165 Woodlawn Road and representing Crossroads Fords, stated that they are in favor of development, but they want to make sure the site plan conforms to the area. Mr. Braun stated they were initially concerned about the height, but the applicant has made a number of changes. Mr. Braun stated they originally thought the building would be 60 feet in height, but now they have said it would be 48 feet tall, and Crossroads Fords will not object to that. Mr. Braun stated Crossroads Ford wanted assurance that there would not be a lot of fill and that the egress matches up on LaPorte Road, and they have been assured there will not be a lot of fill. Leo Walter, Leon Lauver & Associates Architects representing Chrisbro, Norfolk Nebraska, reported they want to limit the amount of fill, but they will need a little because there is quite a bit of variance from Crossroad Boulevard to LaPorte Road, so they will have to come down a little from Crossroads Boulevard. Mr. Walter stated that Crossroads Boulevard is about four feet higher than LaPorte Road so they will have to drop a little coming down to Crossroads Boulevard. Don Temeyer, Community Planning & Development Director, stated that the applicant will have to follow the specific site plan, and if they make changes, the building permit would not be approved. Mr. Temeyer stated that the site plan approved by council must be met. Cole/Greenwood that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and filed. Ayes: Six. Absent: Kincaid. Motion carried. 121367 - Cole/Schmitt that "Resolution approving said site plan amendment", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2005-246. 121368 - Schmitt/Cole that proof of publication of notice of public hearing on request of Chrisbro LLC to vacate 40' greenway easement generally located near the corner of Crossroads Boulevard and Bopp Street to allow development of a new Hampton Inn and Suites, as published in the Waterloo Courier on March 18, 2005, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 121369 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and filed. Ayes: Six. Absent: Kincaid. Motion carried. 121370 - Schmitt/Cole that "an Ordinance vacating 40' greenway easement generally located near the corner of Crossroads Boulevard and Bopp Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Kincaid. Motion carried. 121371 - Schmitt/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Kincaid. Motion carried. 121372 - Schmitt/Cole that "an Ordinance vacating 40' greenway easement generally located near the corner of Crossroads Boulevard and Bopp Street", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Kincaid. Ordinance adopted and upon approval by Mayor assigned No. 2005-4763. March 28, 2005 UNFINISHED BUSINESS 121373 - Gunderson/Welper Page 4 that communication from City Engineer transmitting recommendation of award of contract in the amount of $3,032,677.29 to Aspro, Inc. & Subsidiaries of Waterloo, Iowa in conjunction with F.Y. 2005 Street Reconstruction Program, Contract No. 687, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2005-247. REPORTS 121374 - Welper/Schmitt that communication from Chief Financial Officer transmitting City of Waterloo Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2004, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. DOCUMENTS 121375 - Cole/Schmitt that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $3,032,677.29 from Aspro, Inc. & Subsidiaries of Waterloo, Iowa in conjunction with F.Y. 2005 Street Reconstruction Program, Contract No. 687, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2005-248. 121376 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting agreement with Johnson Controls to perform maintenance/energy study at five city buildings at a cost of $15,000.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson reported he received a letter from the business manager of Local Union No. 353, objecting to this agreement. Councilperson Gunderson asked if the Iowa Department of Natural Resources would conduct an energy study for the city. Lou Cutwright, Building Official, responded the Iowa Department of Natural Resources would conduct an energy study if the city were seeking to borrow dollars or utilize their program for improvements and then we would use them to perform the evaluation. Mr. Cutwright stated in this instance the city is not going to use Iowa Department of Natural Resources grant dollars to conduct the study. Mr. Cutwright stated that Johnson Controls goes beyond just energy use within the structures. Councilperson Gunderson asked if Mr. Cutwright looked at any other consultants. Mr. Cutwright responded Johnson Controls will bring all of it together rather than just specific items. Councilperson Gunderson asked if the city could use staff rather than Johnson Controls. Mr. Cutwright responded Johnson Control is specifically geared to energy/maintenance savings, and they have over 2 billion square feet under their purvey and have a large data base. Mr. Cutwright stated we use Johnson Controls in other city buildings, and when they presented their baseline, it showed savings. Councilperson Gunderson noted that some of the city buildings have been reviewed twice in ten years. Mr. Cutwright stated that the city did remodel the Five Sullivan Brothers Convention Center and received some rebates on lighting because of more efficient lighting. Mr. Cutwright stated that Gilmore & Doyle and Johnson Controls were hired to look at different systems at the Five Sullivan Brothers Convention Center, such as air handlers, motors and thermostats, but those are different items than we are talking about today. Councilperson Greenwood stated he feels the city should hire an independent consultant, one who is not selling proprietary products and has no interest in what they are selling so we can make sure it is truly the best product. Mayor Hurley stated that he met with Johnson Controls, Lou Cutwright and Michelle Weidner before adoption of the budget, and he jumped at this opportunity. Mayor Hurley stated that Johnson Controls are recognized experts in the field and we have a relationship with them. Mayor Hurley stated that the city could realize a savings of $130,000 in the General Fund, and if he didn't bring this to the council, he would not be doing his job when we have been saying we will not be replacing retired Police Officers and Firefighters, and we have been criticized because we adopted the International Property Maintenance Code without funding in place. • • March 28, 2005 • • Documents continued Page 5 Mayor Hurley stated this is just a study, and if it comes back with savings then the next step is to decide if we want to enter into an agreement. Mayor Hurley stated he feels Mr. Piper's concerns are premature as this is just a study costing $15,000, this is about making the General Fund healthier and a potential for more choices. Jim McDowell, Facilities Consultant with Johnson Controls, stated when they come back with the study and make a recommendation on equipment, these are just steps to proceed, to become more efficient. At that point, specifications can be written and the city could go out for bid. Mr. McDowell stated that they are talking about a bundling of savings, such as lighting, etc. Mr. McDowell stated that equipment may not be just the solution. Mr. McDowell noted that they have a large data base, over 2 billion square feet and can benchmark the city's operations against this. Mr. McDowell stated Johnson Controls will validate the impact and the city can look at viability. Councilperson Greenwood asked if the $15,000 fee is waived if the city approves the energy audit and purchases Johnson Controls products. Mr. McDowell responded the study is not free, it will cost $15,000 for the study to save $150,000, and if they are unable to come back with a program to save money, they don't expect payment. Councilperson Greenwood stated he feels Johnson Controls has a vested interest, and he has a problem with a company that has a vested interest versus an independent audit. Mr. McDowell responded the city may already have their products and it could be that new equipment has to be addressed. Mayor Hurley stated that the $15,000 cost is contingent on going onto the next phase, and if the city goes ahead with the study's recommendation the $15,000 is folded into that. Mayor Hurley stated if the study shows we need new equipment, we can go out for bids. Mr. McDowell responded that yes they would go out for bid. Mr. McDowell stated that for the past year and a half they have worked with Webster County and have on-site staff for their buildings. This person takes bids from local contractors in the community, and Johnson Controls evaluates the bids and makes recommendation to the Board of Supervisor. Mr. McDowell stated they arrived at the $130,000 savings by comparing the city's current spending and square feet. Councilperson Clark stated he agrees with Councilpersons Greenwood and Gunderson and that he believes Johnson Controls does a good job, but it seems to him we are trying to outsource what we can do in-house. Councilperson Clark stated he believes we can use the Iowa Department of Natural Resources and in-house staff who can implement these savings. Mayor Hurley commented if we use in-house expertise when should we fit that into their schedules when we have a back log of identified maintenance. Mr. Cutwright stated that the Iowa Department of Natural Resources' scope deals with energy use, lights turning on and off, how to best serve the equipment, do we need new windows, etc. Johnson Controls looks at not only the energy use but also maximum use of equipment, electricity, they will calculate to get the maximum use of equipment and they have the expertise in place to find the maximum use. Councilperson Welper stated that if we know we can save $100,000 in cost, and these gentleman wouldn't offer to do it for $15,000 unless there were savings, he is going to go along with the agreement. Councilperson Greenwood asked how much of the $130,000 savings is at the Five Sullivan Brothers Convention Center. Mr. McDowell responded the Five Sullivan Convention Center was already addressed in the first one, and they took it into consideration but it would be a very small part because the city is already capturing those savings. Mr. McDowell stated they will look at what is a sufficient way of operating and maintaining the buildings. Each building is different and unique, but there is a process in place and how that compares to best practice is what they will look at. Following comments a vote was taken on the above motion, with the following result. Ayes: Three. Nays: Greenwood, Clark, Gunderson. Absent: Kincaid. Motion failed. March 28, 2005 Documents continued 121377 - Cole/Schmitt Page 6 that communication from Police Chief transmitting an agreement with Iowa Department of Public Safety Iowa Governor's Traffic Safety Bureau for an OWI Prevention grant in the amount of $17,500.00, with no required city match, to be used for overtime enforcement for alcohol-related traffic problems, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2005-249. 121378 - Cole/Schmitt that communication from Leisure Services Director transmitting application with Community Foundation of Waterloo/Cedar Falls and Northeast Iowa for grant in the amount of $12,500.00, with no required city match, for the renovation of Tibbitts Baseball Complex, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2005-250. 121379 - Cole/Schmitt that communication from Community Development Director transmitting Home Investment Partnership Program Consortium Cooperation Agreement with the U.S. Department of Housing and Urban Development for additional Federal HOME Program funds for the cities of Waterloo and Cedar Falls, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2005-251. RESOLUTIONS TO BE ADOPTED 121380 - Schmitt/Cole that "Resolution designating week of March 28 - April 3, 2005 as National Community Development Week to commemorate the Community Development Block Grant Program", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 252. 121381 - Schmitt/Cole that "Resolution dedicating an easement for utility purposes for property generally located at the northeast corner of Hammond Avenue and San Marnan Drive, south of the Menard's Lumber Yard and rescinding Resolution No. 2004- 761", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 253. 121382 - Schmitt/Cole that "Resolution approving permit fees and excavation repair charges", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 254. 121383 - Schmitt/Cole that "Resolution approving ambulance rates", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 255. ORDINANCES TO BE ADOPTED 121384 - Gunderson/Schmitt that "an Ordinance amending the 2003 Traffic Code by: repealing Subsection (37) Crossroads Blvd. Of Section 543, Thru Streets; and enacting in lieu thereof a new Subsection (37) Crossroads Blvd. Of Section 543, Thru Streets; and adding Subsection (8a) Bopp St. and Crossroads Blvd. To Section 544, All -Way Stop Intersections (installation of 3 -way stop at the intersection of Bopp Street and Crossroads Boulevard)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Kincaid. Motion carried. 1 • March 28, 2005 • • Page 7 Ordinances to be Adopted continued 121385 - Gunderson/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Kincaid. Motion carried. 121386 - Gunderson/Schmitt that "an Ordinance amending the 2003 Traffic Code by: repealing Subsection (37) Crossroads Blvd. Of Section 543, Thru Streets; and enacting in lieu thereof a new Subsection (37) Crossroads Blvd. Of Section 543, Thru Streets; and adding Subsection (8a) Bopp St. and Crossroads Blvd. To Section 544, All -Way Stop Intersections (installation of 3 -way stop at the intersection of Bopp Street and Crossroads Boulevard)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Kincaid. Ordinance adopted and upon approval by Mayor assigned No. 4764. ORAL PRESENTATIONS 121387 - James Robison, 1555 Newell Street, spoke regarding a case he brought to the council before. Mr. Robison asked that the case be investigated because we are looking at trust, respect and caring. Mr. Robison stated there is a girl involved, with seven businesses broken into, nothing was returned, some items were not insured and no days have been spent in jail. Mr. Robison stated that the girl says every time he broke into a place he offered her things and she didn't take any, so if this is true the girl had knowledge so how come she didn't call the police every time. Mr. Robison stated that the police have not investigated this case, and that the boy was not in his house one-half hour, and the police knows he had nothing to do with it. Mr. Robison stated he is tired of this, and he has rights. Mayor Hurley asked Mr. Robison to talk to the Police Chief tomorrow. Mayor Hurley stated that Mr. Robison made some inferences he does not like. Mr. Robison stated it is a question of his reputation or the Police Department's reputation, and he is not going to stop. Mr. Robison asked if it is because he is black. Mr. Robison stated he met with the Police Chief, and he says it's a computer generated report. Mr. Robison stated he asked the Police Chief several months ago to investigate. Mayor Hurley stated that the worse thing for Mr. Robison to do is to discuss this in open council meeting. Mr. Robison asked what's going on between you and this girl, he doesn't care, he just wants out. Mr. Robison stated he gave everyone a copy of a statement. Mr. Robison stated he will file a derelict of duty against the Police Chief. Councilperson Cole complimented Paul Huting, the architect and contractor who did the Byrnes Park Club House as it is gorgeous. Councilperson Schmitt stated that Mr. Robison has talked to the council numerous times, and he has sent Mr. Robison to the court house. Welper/Cole that the above oral comments be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. ADJOURNMENT 121388 - Welper/Cole that the Council adjourn at 6:36 p.m. Ayes: Six. Absent: Kincaid. Motion carried. re-ke--± Nancy Eckert, CMC City Clerk