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HomeMy WebLinkAboutMinutes-09/06/2005• • September 6, 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 Tuesday, September 6, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. Mayor Hurley reported on Hurricane Katrina. Mayor Hurley reported he had a conference call with mayors of Iowa's ten largest cities and Governor Tom Vilsack. Governor Vilsack has offered to bring 5,000 evacuees to the State of Iowa, and they are in desperate need of housing, health care, first aid, etc. Mayor Hurley stated that all efforts will be coordinated through the Red Cross. The state is prepared initially to accept about 1,000 evacuees. The Red Cross is setting up the Iowa State Fairgrounds to house the evacuees, where they will receive health screening and IDs. The evacuees are expected to stay about two days at the Fairgrounds and then be transported to Iowa cities and motels through the Red Cross. Governor Vilsack says the number one thing they need now is money, and those wishing to make donations can call 1-800-HELPNOW. Mayor Hurley stated that he has been told that they do not want truckloads of materials right now because they cannot handle them and cannot get them processed. Citizens who want to help the hurricane victims should call the Iowa Concern Hotline at 800-447-1985. Persons who have housing, jobs, and health care should contact the website at webmaster@HLSEN.state.ia.us. Mayor Hurley reported he will meet tomorrow at 3:00 p.m. at the Center For The Arts with social agencies and government entities in the Cedar Valley to share information. Mayor Hurley commended all the folks who stepped forward, including Waterloo Fire Rescue who volunteered to send three two -men teams, but have been put on a waiting list. Mayor Hurley commended Bob Molinaro who stepped forward with trucks, drivers and gas. Governor Vilsack has issued an Executive Order that evacuees to the State of Iowa will be deemed residents for purposes of food stamps, etc. Mayor Hurley reported the Black Hawk County Board of Supervisors past a proclamation today supporting a local resident who is holding a battle of the bands on Sunday from Noon until 10:00 p.m., with all money to be funneled through the Red Cross. 122229 - Welper/Kincaid that the Agenda, as amended, for the Regular Session on Tuesday, September 6, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 122230 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, August 22, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 122231 - Welper/Clark 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. 1-69, dated September 6, 2005, in the amount of $1,877,065.27, 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. 2005-806. 2. Communication from City Engineer transmitting request of Michael John Taylor for a waiver for a concrete driveway to be located at 1414 Bowers Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-807. 3. Communication from City Engineer transmitting request of Brian Arnold for a waiver for a concrete driveway to be located at 3775 Ranchero Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-808. 4. Communication from City Engineer transmitting request of Larry McBride for a waiver for a concrete driveway to be located at 452 Carolina Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-809. September 6, 2005 Consent Agenda continued Page 2 5. Communication from Fire Chief transmitting request to hold MDA Boot Block on September 2-4, 2005 at the intersections of Franklin & E. 3rd Street, Ansborough & Downing, Kimball & Ridgeway and LaPorte Road and San Marnan Drive and September 5, 2005 at the intersection of LaPorte Road and San Marnan Drive from 10:00 a.m. to 2:00 p.m. Resolution adopted and upon approval by Mayor assigned No. 2005-810. 6. Communication from City Clerk transmitting request of Jim Kinney for a variance to the Noise Ordinance on September 11, 2005 from 10:00 a.m. to 10:00 p.m. in conjunction with a fundraiser to be held in Lincoln Park for victims of Hurricane Katrina, including ten or more bands, amplifiers, microphone systems, etc., together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2005-811. b. Motion to approve the following: 1. Wendy Drinovsky, Systems Manager, to attend Shield Technology Training in Virginia Beach, Virginia on September 17-21, 2005, with costs not to exceed $992.19. c. Beer License Permit Application Class B Grout Museum District, Soldiers & Sailors Park at 4th Street & Cedar Street (5 day license -9/17/05 - 9/22/05) d. Beer License Permit Application Class C Pantry Express, 1615 Bishop Avenue (New) (Expires 9/12/06) (Includes Sunday Sales) Tobacco Outlet Plus, 1803 LaPorte Road (Renewal) (Expires 10/14/06) (Includes Sunday Sales) Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/06) (Includes Sunday Sales) Liquor and Tobacco Outlet, 508 Broadway Street (New) (Expires 9/15/06) (Includes Sunday Sales) e. Wine License Permit Application Class B Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/06) (Includes Sunday Sales) Liquor and Tobacco Outlet, 508 Broadway Street (New) (Expires 9/15/06) (Includes Sunday Sales) f. Liquor License Permit Application Class E Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/06) (Includes Sunday Sales) Liquor and Tobacco Outlet, 508 Broadway Street (New) (Expires 9/15/06) (Includes Sunday Sales) g• Beer/Liquor License Permit Application Class C 3 Kings Sports Bar & Grill, 921 Broadway (Renewal) (Expires 8/31/06) (Includes Sunday Sales) h. Cigarette/Tobacco Permit Application Pantry Express, 1615 Bishop Avenue Liquor and Tobacco Outlet, 508 Broadway i. Outdoor Service Area Application Grout Museum District, Soldiers & Sailors Park at 4th Street & Cedar Street j. Bonds. Ayes: Seven. Motion carried. HEARINGS & BIDS 122232 - Gunderson/Welper that proof of publication of notice of public hearing on Installing Outdoor Warning Sirens, TRF -117-06, as published in the Waterloo Courier on August 29, 2005, be received and placed on file. Ayes: Seven. Motion carried. • September 6, 2005 • • Page 3 Hearings & Bids continued 122233 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 122234 - Gunderson/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Installing Outdoor Warning Sirens, TRF -117-06", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-812. 122235 - Gunderson/Welper that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-813. 122236 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder K & W Electric of Cedar Falls, Iowa Ayes: Seven. Motion carried. 122237 - Greenwood/Welper Bid Bond Bid Amount 5% $45,000.00 that proof of publication of notice of public hearing on Ridgeway Towers/Boiler Installation Project, as published in the Waterloo Courier on August 17, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122238 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Gunderson that the hearing be closed. Ayes: Seven. Motion carried. 122239 - Greenwood/Cole that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Ridgeway Towers/Boiler Installation Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-814. 122240 - Greenwood/Welper that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-815. 122241 - Greenwood/Gunderson to receive, file and instruct City Clerk to open and read bids and refer to Director of Waterloo Housing Authority for review: Bidder Bid Bond Bid Amount Miller Mechanical of Dewar, Iowa 5% $121,760.00 Waterloo Boiler Cole (WBC) of Waterloo, Iowa 5% $107,536.00 Plumb Tech, Inc of Waterloo, Iowa 5% $132,430.00 Ayes: Seven. Motion carried. September 6, 2005 HEARINGS 122242 - Schmitt/Welper Page 4 that proof of publication of notice of public hearing on request of Cedar Valley Restoration and Development to rezone from "R-3" Multiple Residence District and "C-2" Commercial District to "R -3,R -P" Planned Residence District property generally located along the 900 block of Lafayette Street for the purpose of constructing four new single-family homes and a mixed-use building, as published in the Waterloo Courier on August 22, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122243 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Cole that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and filed. Ayes: Seven. Motion carried. 122244 - Schmitt/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 372 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 122245 Schmitt/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 122246 - Schmitt/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 372 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4780. 122247 Welper/Kincaid that proof of publication of notice of public hearing on request of Joe Minard to vacate a portion of ingress/egress easement generally located east of 3200 University Avenue to allow the site to be developed for commercial use, as published in the Waterloo Courier on August 22, 2005, be received and placed on file. Ayes: Seven. Motion carried. 122248 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and filed. Ayes: Seven. Motion carried. 122249 - Welper/Kincaid that "an Ordinance vacating a portion of ingress/egress easement generally located east of 3200 University Avenue to allow the site to be developed for commercial use", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 122250 - Welper/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 122251 - Welper/Kincaid that "an Ordinance vacating a portion of ingress/egress easement generally located east of 3200 University Avenue to allow the site to be developed for commercial use", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4781. • September 6, 2005 • • UNFINISHED BUSINESS 122252 - Schmitt/Clark Page 5 that communication from Contracts and Grants Contractor transmitting recommendation of award of contract in the amount of $36,000.00 to Frickson Brothers Excavating of Evansdale, Iowa in conjunction with General Obligation Bond Demolition Contract, Contract No. 139 -D -GO -08-19-05, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-816. REPORTS 122253 - Gunderson/Schmitt that communication from City Engineer transmitting lists for F.Y. 2006 Street Reconstruction Program and F.Y. 2006 Asphalt Overlay Program be received, placed on file and "Resolution approving said lists", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-817. DOCUMENTS 122254 - Cole/Schmitt that communication from Contracts and Grants Coordinator transmitting contract in the amount of $36,000.00 with Frickson Brothers Excavating of Evansdale, Iowa in conjunction with General Obligation Bond Demolition Contract, Contract No. 139 -D -GO -08-19-05, be received, placed on file and "Resolution approving said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper asked if the $36,000.00 awarded to Frickson Brothers Excavating is not to exceed that amount because we are only demolishing one building. Don Temeyer, Community Planning and Development Director, responded there are alternates included in the project and the city would only give notice to proceed on 415 Pine Street. Western Home is going to reimburse the city for $6,500.00 for 415 Pine Street. Mr. Temeyer stated that the city is working with the tax sale holder in Arizona on the Bickley House located at 205 Walnut Street. The neighborhood has agreed the city should demolish it. Mr. Temeyer stated the chances are the other alternates may not be used. Mr. Temeyer stated the city is working with the neighborhood on 407 Pine Street, and as part of the Highway 63 Project, Vandewalle has been trying figure out if there is a redevelopment plan the city could work with the neighborhood to try save that house, but the city may have to demolish it. 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. 2005-818. 122255 - Cole/Schmitt that communication from Leisure Services Director transmitting agreement with Aramark Uniform Services for towels, mats, mops and other supplies for Leisure Services operations, 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. 2005-819. 122256 Cole/Schmitt that communication from Superintendent of Waste Management Services transmitting Supplemental Agreement No. 3 at a cost of $12,000.00 for construction related services with Earth Tech of Waterloo, Iowa in conjunction with Satellite Interceptor Corrosion Project, Contract No. 652, 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. 2005-820. September 6, 2005 Documents continued 122257 - Cole/Schmitt Page 6 that communication from Community Planning and Development Director transmitting agreement with Howard R. Green Company of Cedar Rapids, Iowa at a cost of $3,900.00 to perform Phase 1 Environmental Site Assessment of the former Rath Administration, Maintenance and Cooper Buildings, 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. 2005-821. 122258 - Cole/Schmitt that communication from Community Planning and agreement with the Terracon Company at a cost of $2,200.00 Environmental Site Assessment of the intersection of Commercial Street in conjunction with the Riverfront Renaissance Vision Program, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Development Director transmitting to complete Phase I Mullan Avenue and Iowa Resolution adopted and upon approval by Mayor assigned No. 2005-822. 122259 - Cole/Schmitt that communication from Community Planning and Development Director transmitting agreement with Howard R. Green Company of Cedar Rapids, Iowa at a cost of $3,800.00 to prepare an Iowa Department of Economic Development (IDED) Brownfield Redevelopment Program Application for the Rath Brownfields Area, 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. 2005-823. 122260 - Cole/Schmitt that communication from Community Planning and Development Director transmitting agreement with Vandewalle & Associates of Madison, Wisconsin at a cost not to exceed $60,000.00 to provide professional services for the Cedar Valley Tech Works, 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. Mayor Hurley noted that a couple of weeks ago the council agreed to pay $60,000.00 to Vandewalle to continue the Vision Iowa Project. Tonight is for marketing and designing of the Cedar Valley Tech Works, which is a different and separate project. Mayor Hurley stated that the city will administer the contract, but $30,000.00 will be paid by the Waterloo Development Corporation and $30,000.00 will be paid by the city using a portion of the Isle of Capri money, and no tax dollars will be used. 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. 2005-824. 122261 - Cole/Schmitt that communication from Associate Planner transmitting agreement with State Historical Society of Iowa for a Historic Resource Development Program (HRDP) grant in the amount of $37,500.00, with required local match of $12,500.00, to be used to develop a Comprehensive Historic Preservation Plan, 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. 2005-825. 122262 - Schmitt/Clark that communication from Senior Planner transmitting Preliminary Plat of Deeds Replat Block 17, together with City Engineer Report, Site Development Plan, Staff Report and legal description, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-826. • • September 6, 2005 Documents continued 122263 - Schmitt/Clark Page 7 that communication from Police Chief transmitting agreement with Wright Express Financial Services Corporation of Salt Lake City, Utah to provide charge card type service for fueling and maintenance type items for the Law Enforcement Intelligence Network (LEIN) vehicles, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-827. 122264 - Schmitt/Clark that communication from Assistant City Engineer transmitting Construction Plans for 120 -foot extension of Sanitary Sewer and Paving in Existing A -B Avenue Right -of -Way serving R. Wagner Addition, as submitted by Schenk Engineering Co., and Sewage Treatment Agreement with the Iowa Department of Natural Resources, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported that he and Councilperson Greenwood visited with neighbors out near A -B Avenue yesterday where the R. Wagner Addition is taking shape, and they expressed some concerns. Eric Thorson, City Engineer, reported this is approval of the construction plans for the sanitary sewer and paving extension that will be public which runs up to the right-of-way line that exists, and beyond that it will be a private road and sewer. They are required to build things in the public right-of-way to the city's standards, and the city has to submit the sanitary sewer plans to the DNR for a permit. 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. 2005-828. 122265 - Schmitt/Clark that communication from City Engineer transmitting Professional Services Agreement with Earth Tech, Inc. of Waterloo, Iowa at a cost not to exceed $11,500.00 for master plan development for the East Side Sanitary Sewer Interceptor, 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. 2005-829. 122266 Schmitt/Clark that communication from Associate Engineer transmitting Notice of Intent of NPDES Coverage Under General Permit for storm water discharges in conjunction with F.Y. 2005 Ansborough Avenue Interchange Project, Contract No. 667, be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor authorized to execute same, Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-830. 122267 - Schmitt/Clark that communication from Airport Director transmitting Change Order No. 1 for a net increase in the amount of $5,264.80 to purchase 400 gallons of vehicle foam in conjunction with Airfield Rescue Fire Fighting (ARFF) Vehicle, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 122268 - Schmitt/Clark that communication from Airport Director transmitting Change Order No. 1 for a net increase in the amount of $670.00 for work performed by Service Roofing Company of Waterloo, Iowa in conjunction with McCandles Roof Replacement Project, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. September 6, 2005 Documents continued 122269 - Schmitt/Clark Page 8 that communication from Associate Planner transmitting application for designation of Waterloo as a Preserve America Community, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-831. ORDINANCES TO BE ADOPTED 122270 - Clark/Greenwood that "an Ordinance amending the 2003 Traffic Code by adding Subsection (7) Kimball Avenue and Ridgeway Avenue to Paragraph B of Section 539, No Turn Allowed at Red Light (installation of no right turn on red when pedestrian are present at the intersection of Kimball Avenue and Ridgeway Avenue)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 122271 - Clark/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 122272 - Clark/Greenwood that "an Ordinance amending the 2003 Traffic Code by adding Subsection (7) Kimball Avenue and Ridgeway Avenue to Paragraph B of Section 539, No Turn Allowed at Red Light (installation of no right turn on red when pedestrian are present at the intersection of Kimball Avenue and Ridgeway Avenue)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4782. NEW BUSINESS 122273 - Clark/Greenwood that communication from Senior Planner transmitting request to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District approximately 70 acres of land generally located at 2375 Independence Avenue for the purpose of future expansion of the Northeast Industrial Park, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 26, 2005 at 5:30 p.m. in the City Hall Council Chambers on above said request", 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 Kincaid asked if this is the same 70 acres that Willard Frost was farming. Don Temeyer, Community Planning and Development Director, responded this is the former Etringer property that the city entered into the relationship with WIDA to purchase. The property is located between Martin Luther King Drive and Independence Avenue, east of Bishop Avenue. 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. 2005-832. 122274 - Clark/Greenwood that communication from City Planner transmitting request of Isle of Capri for a site plan amendment to the "C -P" Planned Commercial District for development of the casino site, be received, placed on file and "Resolution setting date of hearing as September 19, 2005 at 5:30 p.m. in the City Hall Council Chambers on above said request", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. • • September 6, 2005 • New Business continued Page 9 Don Temeyer, Community Planning and Development Director, stated this is one of the first steps firming up the site plan. The Planning, Programming and Zoning Commission will review the site plan on September 13, 2005 and then the preliminary plat and final plat will come before the council. The Technical Review Committee will meet later this week to get input from all departments to see if there are any concerns on how they are laying out the access into the site, where the sanitary sewer will come from, how the drainage is going to work and how it ties in with the Bertch Development. Following comments a vote was taken with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-833. ORAL PRESENTATIONS 122275 - John Thomas, an employee of Young Plumbing & Heating Company, 4106 Southlawn, Cedar Falls, questioned the council on the Johnson Controls contract approved by the council on August 22, 2005 for the Five Sullivan Brothers Convention Center Project. Mr. Thomas stated that it is his understanding that Phase I was bid and Young Plumbing & Heating was the mechanical contractor for that portion of the project. Mr. Thomas stated that Phase II of the project has been approved with Johnson Controls with no bid process and asked how the decision was made to pass the resolution without the bid process in place. Mr. Thomas noted that the Ridgeway Towers Boiler Installation Project shows exactly what the bid process will do when the estimated cost was $150,000.00 and the bid came in at 70 percent of that at $107,000.00, which is a great savings to the city. Mr. Thomas stated he greatly feels the same things would have happened with the Five Sullivan Brothers Convention Center Project. Mr. Thomas requested that the issue be brought back to the table and the city try to get requests for proposals and reverse the contract that was awarded. Mayor Hurley noted that Lou Cutwright and he had a meeting with Rick Young this afternoon. Mayor Hurley stated he thinks the questions is if what the council approved on August 22, 2005 on a five to two vote constitutes repair or whether it is something brand new. Mayor Hurley stated that he also knows the state organization, MBI, is very interested in the contract and is threatening legal action, and there was legal action several years ago in Des Moines. Mayor Hurley stated he asked the City Attorney to look at that issue and whether it applies to Waterloo. Mayor Hurley stated the contract was signed and sent out and we began action on the project, but he has asked Lou Cutwright to get a hold of our engineering firm and put a hold on further action until we sort the legal issues. Mayor Hurley stated one of the five whom voted in favor would need to bring the issue back up again to reverse the action. Mr. Thomas requested that the council do that and in respect to it being repair versus replacement, as another example there was a compressor for the Young Arena which was approved tonight and Young Plumbing & Heating was a part of the bid process, although they were not low bid, so even for a repair item for the compressor at Young Arena there was a bid process. Mr. Thomas stated he isn't even sure if Young Plumbing & Heating would even have a portion of the contract that was awarded to Johnson Controls, but they feel there are a lot of other companies that would have been able to provide the city an alternative bid for this process, such as Honeywell, Siemens Controls, Woodman Controls, and a lot of companies out there that would be available to provide these same types of services for replacement of these controls. Mayor Hurley stated he thinks the council may want more information and we need to nail down the legal issue, and reconstruct for everyone that this is a continuation of an action that started two years ago. Mayor Hurley stated it is a continuation of a contract that he has a council member approved. Councilperson Clark stated he has opposed Johnson Controls pretty much from the beginning and asked for an opinion from Mr. Walsh if a motion to reconsider the vote is proper or would it do anything at this point. Jim Walsh, City Attorney, stated that since litigation is under discussion, it would probably be best if the city discussed this in a closed session. Anything we say at tonight's meeting could be used against us, and he thinks it would be wise if we went to Executive Session because this is a gray area of law, and there are some things we should discuss as to what was intended by council, what MBI is now taking a position on and what prior decisions have been made in this area. Mr. Walsh suggested an Executive Session Thursday morning, and at that point anyone on the prevailing side could decide if they want to put it on the agenda for next Monday night. September 6, 2005 Oral Presentations continued Councilperson Clark asked if by procedure isn't the council bound to ask for a reconsideration at the next regularly scheduled meeting and can that procedure be extended. Mr. Walsh responded that nothing has happened under the contract as Mayor Hurley has asked that they do no work under the contact. Mr. Walsh stated if the contract is invalid under Iowa law, it is void anyway, and the only issue then is does Johnson Controls want to fight it if the council decides not to go ahead with it. Mr. Walsh stated that in some cases the winners on these kinds of projects have chosen to fight them in court saying they have a binding contract with the city regardless of what position the council takes later. Mr. Walsh suggested it be talked about in closed session as a litigation matter and the council can make its decision how to proceed based on the options that are available at that time. Mr. Walsh stated the council can make the motion to reconsider its previously action and then ask an Executive Session be scheduled to discuss the options. Page 10 Clark/Cole that the contract with Johnson Controls approved by the council on August 22, 2005 be reconsidered. Ayes: Seven. Motion carried. 122276 - Clark/Schmitt that the council hold an Executive Session on Thursday, September 8, 2005 at 7:30 a.m. to discuss possible litigation concerning the contract with Johnson Controls. Ayes: Seven. Motion carried. 122277 - Craig Hundley, 1214 Wren Road, stated he is distressed that the city spent $1.5 million on the Five Sullivan Brothers Convention Center in 2003 and another $800,000.00 is coming up, and he doesn't know how many ways failure can be spelled. This thing has been here for 30 years, has never turned a profit and now we are in competition with the Pipac Centre, we have a new casino coming in that is going to build a convention center like all casino do, and he feels the city is throwing its money away. Mr. Hundley stated this is a no-win proposition for the city, and he would like the council to consider how much we have put in it in 30 years and when will the time come to say it didn't work. Mr. Hundley stated when the original Conway Center was built, it was given to the citizens that it would return our money in a few years but it hasn't work. We get 4 percent of the gross from the receipts of the Convention Center, so that tells him we need to bring $15 million into the Convention Center to even break even with what we are putting into it. Mr. Hundley stated he thinks that is not going to happen, we won't bring $15 million into the Convention Center, and we are throwing our money away. Michael Douglas, 126 Prospect, stated he is concerned with what is happening with the evacuees, and he has talked to a few landlords over the past few days. Mr. Douglas stated he has a couple of vacant houses and asked could he put these people into some of his houses, can he afford to do that and not collect rent, can they afford to pay for their gas, water and electricity. Mr. Douglas asked what can citizens do to help because people will need places to go. Mr. Douglas asked if a special committee has been formed. Mr. Douglas stated he could give up one rental property and asked if there are HUD vouchers because there is a rumor these people will have vouchers. Mayor Hurley responded we don't know about that at this time, and he asked Mr. Douglas to contract the Iowa Finance Authority. Mayor Hurley stated that the President has named some states that will get some money to help, but Iowa has not been named yet and we need that federal assistance to flow down through the Iowa Finance Authority and the Governor's office. Mayor Hurley stated we are not likely to get evacuees through the Governor's efforts until that happens. Mayor Hurley asked Mr. Douglas to contact Jeff Mossman, who has good information and is representing the private sector in available housing. Mayor Hurley stated Mr. Douglas could contact the website to offer help and ideas. Mr. Douglas stated he would like to propose something to Mayor Hurley as far as what we can do immediately in housing. Mr. Douglas stated he could give up a house, but he can't afford to pay the electricity. Mayor Hurley stated these are the types of things they will discuss at tomorrow's meeting, such as people who have facilities but can't afford to pay the way or let people stay for free for an extended period of time. Mayor Hurley noted we need private individuals and the private sector to step forward and offer cash assistance until we start getting federal and state assistance. Councilperson Greenwood stated he was contacted a couple of weeks ago by a citizen concerning the speed limit on US 63/Sergeant Road by the Ridgeway Avenue intersection. Subsequent to that there has been another tragic accident at that location over the weekend, and he asked if the city has any jurisdiction over the IDOT on the speed limit. Mayor Hurley responded he doesn't believe the city has jurisdiction over that, but we have the abilities to talk to the DOT and let them know of our concerns, we have the accident report and history. • • September 6, 2005 Oral Presentations continued Councilperson Greenwood stated there or three times per month. Councilperson Greenwood asked if the on cell phones while driving or does can we do anything by city ordinance. Page 11 has been something major at that area two city can do anything about people talking that have to be mandated by the state or Jim Walsh, City Attorney, stated this is something that has been debated at the Iowa Bar Association level as to whether a cell phone ordinance is something a municipality can enact in light of the broad and encompassing laws the State of Iowa has regarding driver conduct, what is permissible and what not permissible. Mr. Walsh stated the bottom line is you can have difference of opinions over it, but most municipalities are leaving it to the state to decide what is legal and illegal in terms of drivers' conduct. Mayor Hurley asked Councilperson Greenwood to put his concerns in a brief note to him. Gunderson/Welper that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 122278 - Gunderson/Clark that the Council adjourn at 6:46 p.m. Ayes: Seven. Motion carried. Nancy kert, CMC City Clerk