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HomeMy WebLinkAboutMinutes-05/09/2005• • May 9, 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, May 9, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Paul Huting, Leisure Services Director. 121616 - Welper/Kincaid that the Agenda, as amended to delete Item #14, for the Regular Session on Monday, May 9, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 121617 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, May 2, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring May 2005 as National Historic Preservation Month. Mayor Hurley read a Proclamation declaring May 14, 2005 as Letter Carrier Food Drive Day. Mayor Hurley read a Proclamation declaring May 8-14, 2005 as Homes For The Aging Week. CONSENT AGENDA 121618 — Welper/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. 1-80, dated May 9, 2005, in the amount of $863,471.91, 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. 2005-391. 2. Communication from City Engineer transmitting request of James Cockhren for a waiver for a concrete driveway to be located at 1708 Newell Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-392. 3. Communication from Police Chief transmitting request of Waterloo Memorial Board to hold annual Memorial Day Parade on May 30, 2005 with parade starting at 10:30 a.m. from the Wells Fargo Bank parking lot traveling west on Commercial Street to Park Avenue, north to Mulberry Street, east to 5th Street, then south to Memorial Hall. Resolution adopted and upon approval by Mayor assigned No. 2005-393. 4. Communication from Police Chief transmitting request of Waterloo Jaycees to hold Waterloo Jaycees Fireworks Festival on July 2 2005 from 6:00 p.m. to 12:00 midnight with activities at Veterans Memorial Park, 4th Street Bridge, Soldiers and Sailors Park, lot along 4th Street in front of the Courier and the Sixth Street Bridge. Resolution adopted and upon approval by Mayor assigned No. 2005-394. b. Motion to approve the following: 1. Communication from Assistant Superintendent of Waste Management Services transmitting recommendation of appointment of Brian Bowman to the position of Laboratory Services Foreman, effective May 10, 2005. 2. Request from Van G. Miller & Associates to use grassy area northeast of Wells Fargo Bank between 5th and 6th Street on June 3, 2005 from 6:00 p.m. to 11:00 p.m. to watch My Waterloo Days Parade and Fireworks as part of the annual Heartland Conference held in Waterloo on May 31 -June 3, 2005. May 9, 2005 Consent Agenda continued Page 2 3. Alan Carrier, Police Lieutenant; Corbin Payne, Police Sergeant; and Dustin Lindaman, Police Officer; to attend Urban Potential Seminar in Waterloo, Iowa on April 28, 2005, with costs not to exceed $198.00, including use of city vehicle. 4. Brian Krischke, Fair Housing Coordinator, to attend National Fair Housing Training Academy in Washington, DC on May 16-20, 2005, with costs not to exceed $1,925.00. 5. Kent Shankle, Curator, to travel to Bethlehem, Pennsylvania and Nyack, New York on May 25-30, 2005 to return art exhibition and pick up art exhibition, with costs not to exceed $1,429.00, including use of city vehicle. 6. Melissa Ludwig, Police Investigator, to attend Iowa Attorney Generals 2005 Victim Justice Conference in Des Moines, Iowa on May 23-24, 2005, with costs not to exceed $173.95, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Smitty's Bar, 709 Jefferson Street (Renewal) (Expires 5/26/06) (Includes Sunday Sales) d. Cigarette License Permit Application Jet Fuel, 1615 Bishop Avenue e. Theater License Application Crossroads 12 Theatre, 2450 Crossroads Boulevard Cinema 16, 315 East 4th Street Adult Emporium, 1507 LaPorte Road f. Bonds. Ayes: Seven, with Councilperson Cole abstaining on Item 1b2 because she is an employee of VGM & Associates. Motion carried. HEARINGS 121619 - Gunderson/Welper that proof of publication of notice of public hearing on request of National Cattle Congress for a site plan amendment to the "M -2,P" Planned Industrial District for the former Greyhound site generally located near the crossing of Highway 63 and 20 as part of the casino, future retail center as well as a hotel, as published in the Waterloo Courier on April 28, 2005, be received and placed on file. Ayes: Seven. Motion carried. 121620 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Schmitt that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 121621 - Gunderson/Cole that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-395. 121622 - Schmitt/Cole that proof of publication of notice of public hearing on request of Blake Development for a site plan amendment to the "R -3,R -P" Planned Residence District for property generally located near the northwest corner of West 4th Street and Ansborough Avenue for development of 18 two-family condo units, as published in the Waterloo Courier on April 25, 2005, be received and placed on file. Ayes: Seven. Motion carried. 121623 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Ron Lepsch, 467 Devonshire Drive, reported Eric Thorson, City Engineer, and Don Blake have been working with the neighbors answering their questions. Mr. Blake has agreed to the easement, moving the building back an additional five feet and • • May 9, 2005 • . Hearings continued removing all the brush and scrub trees on the west sl development and removing a fence. Mr. Lepsch stated excellent to work with, and all the neighbors look forward to Schmitt/Cole Page 3 e of the proposed r. Blake has been the project. that the hearing be closed and recommendation of approval of Programming and Zoning Commission and oral comments be rec-ived file. Ayes: Seven. Motion carried. 121624 - Schmitt/Cole that "Resolution approving said site plan amendment", be adop the and Planning, placed on ed. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-396. 121625 - Gunderson/Schmitt that proof of publication of noticeof public hearing on r for a site plan amendment to the "R -3,R -P" Planned Res property generally located at the corner of Southland Dri for the purpose of constructing a new 6,000 sq.ft. professi for government use, as published in the Waterloo Courier o received and placed on file. Ayes: Seven. Motion carried. 121626 - This being the time and place of public hearing, the Mayo and oral objections and there were none. Welper/Gunderson quest of Mike Meyer dence District for e and Sergeant Road .nal office building April 25, 2005, be called for written that the hearing be closed and recommendation of approv.1 of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 121627 Gunderson/Schmitt that "Resolution approving said site plan amendment", be ado Resolution adopted and upon approval by Mayor assigned No. 2 121628 - Cole/Schmitt 41 111 that proof of publication of notice of public hearing on t Entertainment Corporation for a site plan amendment to the Commercial District for property generally located at 2450 for redevelopment and expansion of the existing Crossroads as published in the Waterloo Courier on April 25, 2005, be on file. Ayes: Seven. Motion carried. 121629 - This being the time and place of public hearing, the Mayo and oral objections and there were none. Welper/Cole ted. Ayes: Seven. 05-397. e request of Cinema S-1" Shopping Center Crossroads Boulevard Cinema 12 Theaters, received and placed called for written that the hearing be closed and recommendation of approv.1 of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 121630 - Cole/Schmitt that "Resolution approving said site plan amendment", be ado ted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-398. UNFINISHED BUSINESS 121631 - Greenwood/Kincaid that communication from Superintendent of Traffic Ope recommendation of award of contract in the amount of $216,3 Falls, Iowa in conjunction with US 218/W 11th Street Traffi Contract No. 671, be received, placed on file and "Reso award of contract", be adopted. ations transmitting 1.25 to KWS of Cedar Safety Improvement, ution approving said Prior to a vote on the above motion, the following comments were heard. May 9, 2005 Page 4 Unfinished Business continued Mayor Hurley reported the project is 100 percent reimbursable through an Iowa Department of Transportation Traffic Safety grant. Louis Starks, Contracts and Grants Coordinator, has reviewed the bid and concluded that a good faith effort was made. 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. 2005-399. PETITIONS FROM PUBLIC 121632 - Clark/Greenwood that communication from City Planner transmitting Development Agreement with VGM Company for construction of new 51,700 sq. ft. expansion to professional office building at 1107 West San Marnan Drive generally located at the southwest corner of San Marnan Drive and Ansborough Avenue intersection, with additional minimum taxable value of $4,500,000.00 with the city granting $378,362.00 for project expenses including land acquisition and tax rebatements for 5 years at 50 percent on the added value, and construction of entrance and roadway off Ansborough Avenue, be received, placed on file and "Resolution setting date of hearing as May 23, 2005 at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Abstain: Cole because she is an employee of VGM Company. Resolution adopted and upon approval by Mayor assigned No. 2005-400. REPORTS 121633 - Welper/Kincaid that communication from Community Planning and Development Director transmitting Brownfields Assessment Demonstration Pilot Final Report, be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 121634 - Schmitt/Gunderson that communication from City Planner transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments at a cost of $3,000.00 to perform grant writing for Revitalize Iowa's Sound Economy (RISE) application to provide access point off of Ansborough Avenue in conjunction with VGM Company office expansion, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Abstain: Cole because she is an employee of VGM Company. Resolution adopted and upon approval by Mayor assigned No. 2005-401. 121635 - Schmitt/Gunderson that communication from City Planner transmitting application with Iowa Department of Transportation for Revitalize Iowa's Sound Economy (RISE) funds in the amount of $482,655.00, with required city match of $482,655.00, to be used for access point off Ansborough Avenue in conjunction with VGM Company office expansion, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Abstain: Cole because she is an employee of VGM Company. Resolution adopted and upon approval by Mayor assigned No. 2005-402. 121636 - Schmitt/Gunderson that communication from City Planner transmitting Preliminary Plat of Crossroads Plat No. 8, together with City Engineer Report, Deed of Dedication and Plat of Survey, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-403. • • May 9, 2005 Documents continued 121637 - Schmitt/Gunderson that communication from City Planner transmitting Final Pla No. 8, together with City Engineer Report, Certificate of Dedication, be received, placed on file and "Resolution Plat", be adopted. Ayes: Seven. Page 5 of Crossroads Plat Survey, and Deed of pproving said Final Resolution adopted and upon approval by Mayor assigned No. 2105-404. 121638 - Schmitt/Gunderson that communication from Associate Planner transmitting Estates L.C. for tax exemption on improvements totaling $24 located at 1400 Grant Avenue in the Consolidated Urban together with recommendation of approval, be received, "Resolution approving said request", be adopted and City notify Black Hawk County Assessor of same. Ayes: Seven. equest of Elmcrest ,850.00 for property revitalization Plan, •laced on file and Clerk instructed to Resolution adopted and upon approval by Mayor assigned No. 2.05-405. 121639 - Gunderson/Welper that communication from Superintendent of Traffic Operations transmitting Contracts, Bonds and Certificates of Insurance in the amount KWS of Cedar Falls, Iowa in conjunction with US 218/W 11th S Improvement, Contract No. 671, be received, placed on f approving said documents", be adopted and Mayor and City execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 20 121640 - Kincaid/Welper that communication from Building Official/Maintenance Admini agreement with Johnson Controls at a cost of $15,000.00 to analysis of capital equipment in five city buildings with re to the City of Waterloo as a complete document with received, placed on file and "Resolution approving said ag and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments w Councilperson Gunderson stated he read the proposal of wh will be doing, looking over each building and deciding what Councilperson Gunderson stated he has a memo dated May 2 Decker, Superintendent of Streets, referencing Randy Sh Maintenance Supervisor at that time, on areas that could buildings dealing with exhaust fans, overhead doors, of $216,341.25 from reet Traffic Safety le and "Resolution Clerk authorized to 05-406. trator transmitting perform a life -cycle ults to be returned recommendations, be eement", be adopted re heard. t Johnson Controls nergy can be saved. 5, 2001 from Steve pard, who was the 'e improved in city maintenance areas, thermostats. Councilperson Gunderson asked if all these items talked about in 2001 been looked at to see if we could save energy by doin• those things. Lou Cutwright, Building Official/Maintenance Administrator, responded that he has not seen the May 25, 2001 document, so he could not say they all have been completed. Mr. Cutwright stated there has been some work wi h Central Garage to make that energy efficient and other city buildings. Councilperson Gunderson stated the memo was to Randy Shepar regarding energy management recommendations, which appear t we will be doing with this study with Johnson Controls. Cou stated we have suggestions from our own employees to fix th' and he doesn't know if anything has been done to address would we spend money to pay someone to give us the same pla have given us. Mr. Cutwright responded the memo was written the building maintenance for the city. Mr. Cutwrig accomplished significant progress in making many buildings e as putting in new insulated doors at the Traffic Garage an many other improvements, but as to the exact improvements not aware that it was submitted. Mr. Cutwright indicated Johnson Controls is not merely dealing with whether somethin something has a lesser or greater R value to it, but this with the actual things that heat or cool the buildings, suc life cycles, how soon should we replace the equipment and piece of equipment be maintained in order to receive expectancy. • from Steve Decker be the same thing cilperson Gunderson ngs or save energy, these items so why that our employees before he took over t stated we have ergy efficient such Fire Stations and n that memo he was the agreement with e is leaking air or •ocument is dealing as what are their ow best should the its maximum life 0 Councilperson Greenwood stated he thought a lot about this a same conclusion as the first time the council voted on the has a problem using Johnson Controls for one reason only. to move forward with the recommendations, the $15,000.00 w the resulting agreement with Johnson Controls, and he thinks t id came back to the study, and that he Cf the city chooses uld be rolled into his is wrong. May 9, 2005 Documents continued Councilperson Greenwood stated he feels the city needs to have an independent advisor to do the audit who does not have a propriety interest in selling their product. Page 6 Mayor Hurley stated he had correspondence today not directly from MidAmerican Energy but relative to their energy audits, and they were going to charge $15,000.00 and split it half with the city and then if we adopted their program it would roll back in. Mayor Hurley stated he feels the way this is set up we would pay the $15,000.00 if we don't do the Johnson Controls program or if we elect to just sit on it or go somewhere else. Mayor Hurley asked Councilperson Greenwood if he knew of anyone completely independent who could come in and do a comprehensive energy and maintenance audit. Councilperson Greenwood responded he does not, but he has had phone communications with several people who seem to have a vast array of knowledge about this type of thing, and they are telling him not to get pinned with one company but get an independent auditor to do the audit. Mayor Hurley asked if these people were skilled trades contractor, and Councilperson Greenwood responded they were not. Councilperson Clark asked if the potential savings of $100,000.00 to $130,000.00 is after any costs incurred by Johnson Controls or is that net or gross savings. Todd Davis from Johnson Controls responded that is a net savings. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Greenwood, Clark, Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2005-407. 121641 - Cole/Schmitt that communication from Community Development Director transmitting agreement with Iowa Development of Economic Development (IDED) for HOME Investment Partnership Program funds in the amount of $100,000.00 for homeownership assistance to 10 households, 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. 2005-408. 121642 - Cole/Schmitt that communication from City Planner transmitting addendum to development agreement with Poynette Development LLC to change date of closing to read May 2005 rather than May 12, 2005 to construct 16,625 square foot Fed Ex Ground Development at MidPort Industrial Park on part of Lot 12, Plat No. 2, be received, placed on file and "Resolution approving said addendum", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-409. 121643 - Cole/Schmitt that communication from City Planner transmitting application with Iowa Department of Transportation for Federal Recreational Trails grant for development of the Cedar River Water Trail through Black Hawk County, with city's match of 20 percent not to exceed $165,000.00, 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. 2005-410. 121644 - Cole/Schmitt that communication from Community Planning and Development Director transmitting agreement with Maxim Technologies at a cost of $2,500.00 to perform Phase II Soil and Groundwater Testing on Lot 11 and Lot 12 in MidPort America Plat No. 2, 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. 2005-411. 121645 - Cole/Schmitt that communication from Mayor Hurley transmitting recommendation of approval of revised job description for the position of Human Rights Director as recommended and approved by the Waterloo Human Rights Commission, and approval of general selection process, schedule and expenses be tabled for two weeks. Prior to a vote on the above motion, the following comments were heard. • • May 9, 2005 • • Documents continued Councilperson Cole stated she feels the Human Rights Directo important positions and the Human Rights Commission is an i Councilperson Cole stated she believes the council needs mo new job description and have the City Attorney study the j relates to the current situation and our ordinance. Councilperson Gunderson stated he knows this will affect th if we will be able to catch up with the tentative start Rights Director. Mayor Hurley stated its possible, but depends on how many resumes we receive, how many pass the i how many we invite for an interview. Following comments a vote was taken on the above motion, result. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 121646 - Greenwood/Cole Page 7 position is a very portant commission. e time to study the i• description as it timeline and asked date for the Human not probable as it itial screening and with the following that "Resolution setting date of hearing as May 23, 2005 =t 5:30 p.m. in the City Hall Council Chambers on amendment to FY2005 Budget", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2.05-412. 121647 - Greenwood/Cole that communication from Senior Planner transmitting request to dedicate new 20' utility and drainage easement located along the north line •f property generally located in the 2600 block of Ansborough Avenue, be received, placed on file and "Resolution approving said dedication", be adopted. Ayes: even. Resolution adopted and upon approval by Mayor assigned No. 2 121648 - Greenwood/Cole 05-413. that "Resolution electing classifications and procedures for proposed bond projects listed in the Requested G.O. Bonds 2006 Summary", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2'05-414. 121649 - Cole/Kincaid that "Resolution fixing date of hearing as May 23, 2005 at Hall Council Chambers on the issuance of not to exceed Obligation Bonds for an Essential Corporate Purpose to pay construction and improvement of real and personal prop protection of property from floods or high water, inc improvements; construction, reconstruction and repairing of intersection improvements; acquisition, construction and sewer and sanitary sewer improvements; acquisition of equipment for Airport, Police, Fire Rescue and Street Depar rehabilitation and demolition of abandoned, dilapidated or rehabilitation and improvement of city parks, and acquis replacement of facilities, equipment and improvements in bikeway development and tennis court improvements; acquisi installation of traffic control devices, fixtures and equip warning sirens and parking meters", be adopted and City publish notice of same. Prior to a vote on the above motion, the following comments Michelle Weidner, Chief Financial Officer, reported stat types of improvements cities can make using bonds. The fi deal with essential corporate purposes, and once we hav issue those bonds. We will be considering two other resol general corporate purposes, and if the citizens object to t certain time period that they could request the city have a public vote before we could issue those bonds. Ms. Weld there are five separate resolutions instead of all the Weidner reported the city intends to issue $7 million in and a resolution for $2.9 million in refunding bonds, whic will save approximately $100,000.00 in future interest exp balance of those bonds as we are in a more favorable envi they were issued. :30 p.m. in the City 3,500,000.00 General osts of acquisition, rty useful for the uding flood control street, sidewalk and nstallation of storm ehicles and capital ments; acquisition, dangerous buildings; tion and repair and ity parks, including ion, improvement and ent, including early Clerk instructed to were heard. e laws control what est three resolutions passed them we can tions that are for a lose uses they have a referendum and have er stated that is why bonds in one. Ms. new bonds this year, we are anticipating nse by refunding the onment now then when May 9, 2005 Resolutions to be Adopted continued 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. 2005-415. 121650 - Schmitt/Cole Page 8 that "Resolution fixing date of hearing as May 23, 2005 at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $2,900,000.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs of refunding and refinancing outstanding City indebtedness consisting of General Obligation Bonds, Series 1997, dated June 1, 1997", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-416. 121651 - Cole/Gunderson that "Resolution fixing date of hearing as May 23, 2005 at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $900,000.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs of aiding in the planning, and undertaking and carrying out of urban renewal project activities, and the Urban Renewal Plans for the San Marnan Urban Renewal Area and the Logan Tax Increment Redevelopment Area", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-417. 121652 - Greenwood/Cole that "Resolution fixing date of hearing as May 23, 2005 at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $700,000.00 General Obligation Bonds for a General Corporate Purpose to pay costs of reconstruction, remodeling, improvement and repairing of city buildings and facilities, including Five Sullivan Brothers Convention Center, Young Arena, Youth Pavilion, Center For The Arts, roofs of various city buildings and facilities, the Police Department, Fire Station, Street Department and Public Library", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-418. 121653 - Cole/Schmitt that "Resolution fixing date of hearing as May 23, 2005 at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $695,000.00 General Obligation Bonds for a General Corporate Purpose to pay costs of reconstruction, remodeling, repair and improvement of Downtown parking garages and the Central Garage facilities; acquisition of hardware and software and related computer replacement program expenditures; acquisition of capital equipment and vehicles for various city departments and operations; reconstruction and improvement of city golf courses; reconstruction, renovation and improvement of Riverfront Stadium, swimming pools and sports facilities", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-419. ORAL PRESENTATIONS 121654 - Councilperson Welper stated he is a little troubled by the Johnson Control vote and doesn't understand why anyone would vote against it as we need to have someone to do the audit. Councilperson Welper stated if Johnson Control can save the city the taxpayers $130,000.00 a year, he doesn't understand why three council members voted against it. Councilperson Gunderson stated it is troubling to him that the council voted on this item once and Mayor Hurley gave the council a memo that he would rephrase certain things and bring it back. Councilperson Gunderson stated he feels this will open a Pandora's box on other items voted down, if one of the council wants to bring something back by just changing a few words and calling it something new. Councilperson Gunderson stated he feels we have started something here that he hopes we can control, but he thinks it could get out of hand. Mayor Hurley stated he has an opinion from the Assistant City Attorney today who referenced the city's ordinance, Roberts Rules of Order and state law that we really didn't have to change a word nor change anything substantial in the agreement, but only if we brought it back the night the vote tied. Mayor Hurley stated the document elaborates on the study more, the execution date changed, and the whole paragraph on the life cycle analysis was added to further expound upon and clarify exactly what would be done. • May 9, 2005 • • Oral Presentations continued Mayor Hurley stated when he has $130,000.00 or even a fracti he feels bound to go after it. Mayor Hurley stated Johnson track record of being able to do a comprehensive study, people have expertise in segmented areas, but he wanted a con Page 9 on that he can save, Controls has a firm and he knows other �prehensive study. Councilperson Cole asked how many firefighters or police officers could be paid with $130,000.00. Mayor Hurley responded about three and be efits. Councilperson Gunderson stated $150,000.00 will not pa officers, and when you figure their time and benefits, you one and one-half police officers out of $150,000.00. Co stated he hates bringing up police and fire every time w money as there are other departments in need of p Councilperson Gunderson stated he does not think it is a g• passed and we are moving on. Mayor Hurley asked staff to speak about some modifications a Paul Huting, Leisure Services Director, stated that we wer system for ice production at Young Arena that ran treated Works through it and out with no re -circulation. We now cooling tower and in the process we have saved about 36 mil a year. Dennis Clark, General Manager of Waterloo Water Works, rep Young Arena used 43 million gallons of water for cooling, they will cut that down to 2 to 3 million gallons of w tremendous amount of treatment and energy to pump the wa• golf course used approximately 20 million gallons of water, of about two golf courses worth of water just by making th huge deal for the Water Works and they are appreciative of their equipment for that savings. The golf courses used a but that was an exceptionally dry and hot year compared to 2 Tim Wilcox, 52 Lafayette, spoke about his volunteer mowing stated he feels the citizens desperately need this type of voluntarily, no one gets paid except for donations for gas Wilcox stated they are mowing for people who can't do it th stated there have been complaints about how long the grass it, or the city is forcing them to do it and they don't Wilcox stated they will provide this service seven days pe stated people can call at 319-433-0777 or his cell phone at Wilcox to voluntarily mow lawns for those people who cannot. Janet Wilcox, 52 Lafayette, stated she pray every night fo police departments, fire departments and sheriffs departmen that they will get the guidance and wisdom to deal with that arise. Ms. Wilcox stated the council does a good job a Welper/Kincaid that the above oral comments be received and placed on Motion carried. 121655 - Welper/Schmitt that the council adjourn to Executive Session at 6:35 Motion carried. EXECUTIVE SESSION Assistant City Attorney Dave Zellhoefer stated that discus the Gray lawsuit is an approved topic of Executive Session Section 21.5(1) (c) (2003) . 121656 - Cole/Welper that the council adjourn Executive Session at 6:50 p.m. carried. 121657 - Cole/Schmitt that the settlement agreement with the Estate of Cheryl Ann "Resolution approving said agreement", be adopted. Ayes: S for three police ould be lucky to get ncilperson Gunderson are tying to save ople and supplies. od agreement, but it Young Arena. operating a cooling ater from the Water re -circulate with a ion gallons of water .rted that last year and they anticipate ter. That takes a er. Last year each so that is a savings t change. It was a Young Arena changing little more in 2003 04. service. Mr. Wilcox work, and it is all for the mowers. Mr. mselves. Mr. Wilcox is and they can't do ave the tools. Mr. week. Mayor Hurley 319-415-8481 for Mr. all city officials, s all over the world ay -to -day situations d to keep it up. ile. Ayes: Seven. m Ayes: Seven. ion of settlement of ursuant to Iowa Code es: Seven. Motion Gray be approved and ven. Resolution adopted and upon approval by Mayor assigned No. 2005-420. May 9, 2005 ADJOURNMENT 121658 - Welper/Cole that the Council adjourn at 6:52 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk Page 10