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HomeMy WebLinkAboutMinutes-11/08/2010November 8, 2010 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, November 8, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Getty, Jones, Greenwood, Schmitt, Welper, Hart. Absent: Cole. Moment of Silence. Pledge of Allegiance: James Walsh, City Attorney. 135538 - Hart/Schmitt that the Agenda, as proposed amended adding an executive session, for the Regular Session on Monday, November 8, 2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 135539 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, November 1, 2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. Mark Gallagher, Sports Manager, presented the Leisure Services Youth Football Character Counts Coach of the Year Awards to: Aaron McClelland, Tom Ulses, Jeff Hau, James Newman, Adonus Smith and Chad Huettman. Mark Gallagher, Sports Manager, presented the Leisure Services Youth Football Character Counts Player of the Year Awards to: Ben Leibold and Tamia Sisk. CONSENT AGENDA 135540 - Hart/Schmitt 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 AP642, pp. 1-73, dated November 8, 2010, in the amount of $2,959,997.58, 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. 2010-988. 2. Request of Cedar Valley Civil Rights Peace Walk, Inc. to hold Peace Walk event on Saturday, November 13, 2010 at 10:00 a.m., with the route to start at Lincoln Park located on East 4th and Mulberry Streets, travel south on 4th Street and end at the Five Sullivan Brothers Convention Center located on West 4th and Commercial Streets, together with recommendation of approval of Chief of Police -Submitted by Daniel J. Trelka, Chief of Police Resolution adopted and upon approval by Mayor assigned No. 2010-989. 3. Request of Guadalupe Garcia for a concrete driveway to be located at 330 Archer Avenue, together with recommendation of approval of City Engineer - Submitted by Eric Thorson, P.E., City Engineer Resolution adopted and upon approval by Mayor assigned No. 2010-990. 4. Request of Candy Hersey for tax exemptions on improvements totaling $7,809.00 for property located at 320 Black Hawk Road and located in the Consolidated Urban Revitalization Area -Submitted by Shane Graham, Planner II Resolution adopted and upon approval by Mayor assigned No. 2010-991, 5. Request of Lorrie Rouse for tax exemptions on improvements totaling $35,000.00 for property located at 123 Chicago Street and located in the Consolidated Urban Revitalization Area-:"ubmitted by Shane Graham, Planner II Resolution adopted and upon approval by Mayor assigned No. 2010-992. November 8, 2010 b. Motion to approve the following: 1. 2. Page 2 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Lieutenant Dave Mohlis Management of Criminal Investigation Units Appleton, Wisconsin April 25-28, 2011 $878.00 Officers Erie, Gergen, Savage and Sgt. McClelland Taser Instructor Certification/Re- Certification Waterloo, Iowa November 15-16, 2010 $425.00 Beer License Permit Application Class C 3. Metro Mart #4, 2332 Falls Avenue (Renewal) (Includes Sunday Sales) Beer License Permit Application Class C 4. Prime Mart, 1008 LaPorte Road (Renewal) (Includes Sunday Sales) 5. Casey's General Store #2427, 3035 Logan Avenue (Ownership Change) (Includes Sunday Sales) 6. Casey's General Store #2866, 51 E. Tower Park Drive (Ownership Change) (Includes Sunday Sales) 7. Casey's General Store #2867, 2424 Ranchero Road (Ownership Change) (Includes Sunday Sales) Liquor License Permit Application Class C 8. The Winning Edge, 341 Fletcher Avenue (Renewal) (Includes Sunday Sales) 9. Mexikelly, 209 Jefferson Street (Renewal) (Includes Sunday Sales) Wine License Permit Application Class B 10. Prime Mart, 1008 LaPorte Road (Renewal) (Includes Sunday Sales) Native Wine License Permit Application Class B 11. Casey's General Store #2866, 51 E. Tower Park Drive (Owners j.p Change) (Includes Sunday Sales) 12. Casey's General Store #2867, 2424 Ranchero Road (Ownerslp Change) (Includes Sunday Sales) 13. Bonds c. Motion to deny the following: Liquor License Permit Application to Deny Class C 14. Wild Ice Lounge, 120 Sumner Street (New) (Includes Sunday Sales) Councilperson Jones, would like to table the motion for one week while the Chief of Police and City Attorney work with the applicant on language to restrict the liquor license for actions being reasonable by the Chief of Police. 135541 - Jones/Getty to table item c(14). Ayes: Six. Absent: Cole. Motion carried. 135540 continued. - Consent agenda Ayes: Six. Absent: Cole. Motion carried. PUBLIC HEARINGS 135542 - Schmitt/Hart that proof of publication of notice of public hearing on Purchase of Seven (7) 2011 Ford Crown Victoria Police Interceptor Squad Cars, as published in the Waterloo Courier on October 26, 2010, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 135543 - This being the time and place of public hearing, the Mayor called for written and oral objections. • • • • November 8, 2010 Page 3 Councilperson Welper, I think everyone knows that the Ford Crown Victoria is still the only full size mass-produced car in the country. All police departments use it and all taxicabs use it. It's good for us because the equipment that we put inside these cars we can transfer from one car to another. The inside of the cars remain the same. I just had some information this past weekend that Ford is looking to discontinue this car. I believe the County, which rotates three cars every year are looking to stockpile some cars. They think there's a savings there of possibly doing that. I don't think we have the funds to do that but didn't we just spend like $8,000.00 per squad car to transfer the equipment from one to another? This could get very costly for us should Ford discontinue this car. Mark Rice, Superintendent of Central Garage, Ford has decided to get rid of the Crown Victoria. What their plan is right now with the police is its built on the Taurus frame. Right now Ford is saying that the interiors of that car will be the identical size of the Crown Victoria. And that's our problem is when we look at Chevy's or anything else we would have to reconfigure our consoles, partitions, rear seats and everything else that's very costly. So right now Ford is saying that on the Taurus frame the interiors will be identical in size to where it should support all of our existing equipment. Schmitt/Hart that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 135544 - Schmitt/Hart that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Seven (7) 2011 Ford Crown Victoria Police Interceptor Squad Cars", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-993. 135545 - Schmitt/Hart that "Resolution authorizing to proceed in conjunction with Purchase of Seven (7) 2011 Ford Crown Victoria Police Interceptor Squad Cars", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-994. 135546 - Schmitt/Hart to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Bid Amount Bill Colwell Ford/Isuzu 238 Waterloo Road Hudson, Iowa 50643 $170,212.00 Stivers Ford Lincoln Mercury 1450 E. Hickman Road Waukee, Iowa 50263 $160,770.00 Ayes: Six. Absent: Cole. Motion carried. 135547 - Getty/Hart that proof of publication of notice of public hearing on Smart Control Systems - Energy Efficiency and Conservation Block Grant, as published in the Waterloo Courier on October 26, 2010, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 135548 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 135549 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Smart Control Systems - Energy Efficiency and Conservation Block Grant", be adopted. Ayes: Six. Absent: Cole. November 8, 2010 Page 4 Resolution adopted and upon approval by Mayor assigned No. 2010-995. 135550 - Getty/Hart that "Resolution ordering construction in conjunction with Smart Control Systems - Energy Efficiency and Conservation Block Grant", be adopted. Ayes: Six. Absent: Cole. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-996. 135551 - Getty/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Bond Bid Amount Alternate Johnson Controls, Inc. 1351 60th Street, N.E. Cedar Rapids, Iowa 52402 $182,661.00 $1,547.00 Halvorson Trane 2220 NW 108th Street Clive, Iowa 50325 5% $134,160.00 $1,370.00 Ayes: Six. Absent: Cole. Motion carried. RESOLUTIONS 135552 - Greenwood/Schmitt that "Resolution approving award of hotel/motel discretionary funding to the Grout Museum in the amount of $8,000.00 -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-997. 135553 - Greenwood/Schmitt that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Aduddell Restoration and Waterproofing, Inc./Granite-Re, Inc. of St. Paul, Minnesota in the amount of $1,167,128.$3 in conjunction with East Park Avenue Parking Ramp Repairs -Submitted by Debra Anderson, Building Official/Maintenance Administrator", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-998. 135554 - Greenwood/Schmitt that "Resolution approving Uniform Traffic Signal Change Interval Policy (YQllow and A11 -Red Timing) -Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-999. 135555 - Schmitt/Welper that "Resolution approving award of bid to Windstream Communications for local phone service at a rate of $21.45 per line and Pioneer Telephone for long distance phone service at a rate of 2.7 interstate and 3.9 intrastate, and authorize Mayor and City Clerk to execute a two-year service contract -Submitted by Suzy Schares, City Clerk", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-1000. 135556 - Schmitt/Welper that "Resolution approving agreement with Gallagher Benefit Services, Inc. in the amount of $5,000.00 to provide up to two years of consulting services on compliance with the Early Retiree Reimbursement Plan (ERRP) and Patient Protection and Affordable Care Act (PPACA), and authorize Mayor to execute said agreement -Submitted by Suzy Schares, City Clerk", be adopted. Ayes: Six. Absent: Cole. Councilperson Greenwood, do we have an existing contract in place for consulting with them? • • • • November 8, 2010 Page 5 Suzy Schares, City Clerk, for the actuarial report and GASP report. Councilperson Greenwood, so this will coincide with the existing contract then? Ms. Schares, the existing contract was for this year and this will get us through this year. Its just if there were major changes to the health care we needed for the second year it would be silly to change at that point to somebody else, so yes. Councilperson Greenwood, so for our existing aren't they are existing consultant to First Administrators? Ms. Schares, on an as needed basis for First Administrators, yes. We don't pay them a consulting fee on a regular basis for that. When we went out to bid and all of that we paid them for that and that's kind of how we've done it. Resolution adopted and upon approval by Mayor assigned No. 2010-1001. 135557 - Schmitt/Welper that "Resolution approving recommendation of award of contract with Cardinal Construction, Inc. of Waterloo, Iowa in the amount of $55,599.01 in conjunction with F.Y. 2011 Carnegie Annex Parking Lot Repair, Contract No. 800 and rescind Resolution No. 2010-965 in its entirety -Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-1002. 135558 - Welper/Schmitt that "Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $55,599.01 with Cardinal Construction, Inc. of Waterloo, Iowa in conjunction with F.Y. 2011 Carnegie Annex Parking Lot Repair, Contract No. 800, and authorize Mayor and City Clerk to execute said documents and rescind Resolution No. 2010-966 'in its entirety -Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-1003. 135559 - Welper/Schmitt that "Resolution approving recommendation of award of contract with Vieth Construction Corp. of Cedar Falls, Iowa in the amount of $1,111,574.00 in conjunction with F.Y. 2011 River Renaissance North Downtown Trail, Contract No. 786 -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-1004. 135560 - Welper/Schmitt that "Resolution setting date of hearing as November 22, 2010 to approve request of Suresh and Rupa Reddy to rezone approximately 7.48 acres from "A-1" Agricultural District to "R-4" Multifamily Residence District -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-1005. 135561 - Welper/Schmitt that "Resolution setting date of hearing as November 22, 2010 to approve the submission of a grant application to Iowa Department of Economic Development for Community Development Block Grant Supplemental Funds in the amount of $869,950.00 for the purpose of funding Single Family Unit Production New Construction- Round #3 -Submitted by Rudy D. Jones, Community Development Director", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-1006. ORDINANCES 135562 - Greenwood/Schmitt that "an Ordinance vacating approximately 2.48 acres of city right-of-way portions of Lowell Street and alleys near Mitchell Avenue, not including the Lowell Street portion between Regal and Mitchell Avenues", be considered and November 8, 2010 Page 6 passed for the second and third time and adopted. Ayes: Five. Nay: Getty. Absent: Cole. Councilperson Jones, I was out there today and there was junk cars lining all Lowell Avenue on both sides of the public right-of-way and even when I was there they placed a junk car on Mitchell Avenue right in front of me. Why haven't we enforced this in the past? Noel Anderson, Community Planning & Development Director, we have enforced it in the past and actually we were in a court case against Pat's Recycling in the past. One of the things that came out in the court case was trying to come to a solution that would work for all. One of those solutions was to try and dispose of some unneeded city property in this area. Which we show in the map that they showed earlier. To give Pat's Auto Salvage more room to work in that area. The map is up on the screen, you can see the portion in green is an area of unneeded city land and the portions in yellow are the portions that are going through the vacate and sale process. They're portions of streets and alleys we do not need to allow them to expand and get the vehicles inside of the fenced area. We've been working on this process for quite some time. The blue aerial on the screen is also the former Nelly Garvey School that the applicant has purchased from the Waterloo School Systems. And so the applicant has been moving some cars around in anticipation of this occurring. Being able to fence these new areas with the cars inside those areas. Mayor Clark, I know in the past there has been some issues between the City and Mr. Rooff and his business out there. But what's his standard Noel? Is he inspected? What is the outcome of the inspections and what have they been? Mr. Anderson, I believe the last two inspections did pass. When the inspectors went out there the Planning Department, Health Department and the Fire Department. Councilperson Getty, when you say that he was inspected in the past or we've had trouble in the past and started this getting some more property down there how long ago has passed? Mr. Anderson, I think we've been working on this sale of property for at least a couple of years now. To try and work, obviously we took out the one portion that we are still working on that that needs an easement due to a water/sewer and fire rescue details. So that easement portion has slowed down the process but we've continued to work through and come to the final solution that I think we all want. Councilperson Getty, do we have any documentation of if this passes tonight when he will be in compliance with city right-of-way? Mr. Anderson, the applicant is here tonight if you'd like him to address that.. Councilperson Getty, yes. I'd like to know when it's going to get cleaned up. Pat Rooff, 1005 Sheffield Avenue, owner of Pat's Auto Salvage, actually the process started on June 11, 2000 to buy this piece of property and several others. In 2004 we got a special permit on the property, the pieces that are up there on the screen there shown a minute ago. Actually the green piece and that in the yellow we got that special permit in 2004 and got permission at that time by the Board of Adjustment to actually do salvage on that land. And in anticipation at that meeting Aric Schroeder said we are going to the City Council next week and at the time the Board of Adjustment asked me when are you going to put up a fence. I said as soon as they convey it and put it in my name up I will put it up immediately. We actually bought the fence which Noel Anderson knows, he's been there and seen it sat in a pile for years now waiting, thousands of dollars worth. And since that time we are still waiting on this, which we are here tonight to try to get done. In the meantime, I bought the school and we still have a problem because we are waiting on the school to vacate and get out. They were supposed to do it in September and they haven't yet. And you know we've got to work with them, they've got a big job down there. So at that time last year in 2009 they gave me a specialpermit for the school and all of Lowell Avenue from Regal all the way down without any restrictions or anything. They told me that I have the right to do salvage on it until we got this whole deal done. And so we are still waiting on you guys to get this done. I'd like to have it fenced more than anybody. And actually I told the Board of Adjustment the minute you convey it and put it in my name, the city, we're going to start putting up fence. We can't wait to put it up. I'm just waiting on you guys who are holding me up. I mean it's been 10 years so lets get to going guys. Councilperson Greenwood, what's the timeline on getting Lowell from Regal to Mitchell Avenue? Is that still in the process and what would be an estimate timeline on that? • • • • November 8, 2010 Page 7 Mr. Anderson, we just need to get all of the parties together and see what's an acceptable agreement in place for the easement. Some discussion has been around the location of the water/sewer and the amount of easement needed on each side of that based on the location of where the water/sewer lines are in the right- of-way. Also, the portions for fire protection. The ability of a lock box or knock box and how that would portray in versus other portions of the Wateloo Fire Codes. Obviously, we'd like to all get it done and get this behind us. We can help the business and help the city with the unused portions of right-of- way. So hopefully a couple of months on that. Ordinance adopted and upon approval by Mayor assigned No. 5020. 135563 - Greenwood/Schmitt that "Resolution authorizing said sale and conveyance for $1,975.60 plus ny additional costs, and authorize City Attorney to prepare and deliver ed accordingly -Submitted by Noel Anderson, Community Planning & Developnt Director", be adopted. Ayes: Five. Nay: Getty. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-1007. OTHER COUNCIL BUSINESS 135564 - Getty/Hart that Change Order No. 6 for a net increase of $243,449.79 for work performed by Aspro, Inc. & Subsidiaries of Waterloo, Iowa in conjunction with F.Y. 2009 Street Reconstruction Program, Contract No. 756, and authorize Mayor to execute said document -Submitted by Dennis Gentz, P.E., Assistant City Engineer, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. Councilperson Schmitt, could we just have Mr. Thorson talk about this item? When we get change orders of that magnitude I'm sure there's a good reason for it but if he could just give us some clarity that would be great. Eric Thorson, City Engineer, technically this isn't really a change order. This is a summation of all of the quantity increases and decreases for the bid items that we had, prices that we had. The main reason for the large increase was we've just worked through two of the last construction seasons in a long time. We ran into a lot of poor soil and also a lot of wet soil. So a majority of this was additional excavation, additional rock to build up a good base for the road. Typically on a reconstruction we're pretty confined in the area that we can use for that reconstruction so we have to build up a pretty heavy base so that the trucks that need to deliver the materials can use that and still keep a good base. So that's the primary reason for most of the increase. 135565 - Getty/Hart that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. & Subsidiaries of Waterloo, Iowa at a total cost of $5,917,316.80 in conjunction with F.Y. 2009 Street Reconstruction Program, Contract No. 756, and receive and file two-year Maintenance Bond -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-1008. 135566 - Schmitt/Welper to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of Two (2) Tandem Dump Trucks with Snow Plows, be received, placed on file and approved, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 135567 - Schmitt/Welper that specifications, bid document, etc. in conjunction with Purchase of Two (2) Tandem Dump Trucks with Snow Plows, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 135568 - Schmitt/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase of Two (2) Tandem Dump Trucks with Snow Plows", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-1009. November 8, 2010 Page 8 135569 - Schmitt/Welper that "Resolution instructing City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Purchase of Two (2) Tandem Dump Trucks with Snow Plows and set date of hearing and bid opening as December 6, 2010 at 5:30 p.m. in the City Hall Council Chambers", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-1010. ORAL PRESENTATIONS 135570 - Joyce Wilder, 226 Bates Street, I just have one question and that is who inspects the inspectors when they come out to your house? Mayor Clark, technically Ms. Wilder the inspectors when they come and they issue their final issue and the house passes and you get an occupancy permit then there are no further inspections past that. Ms. Wilder, okay well what I'm saying is if an inspector passes code and it's not right then who inspects him instead of sending the same inspector out that passed the inspection? Mayor Clark, there's an appeal process that you can go through to go through the Building/Maintenance Office. But in your particular case, that's one of the reasons why I asked the plumber to come out and to look at it. It was a total non -biased plumber who said that that particular case that you have with your backflow valve meets code. Ms. Wilder, no he never said that. I don't want to get into that but he said that it meet code because they had to pull out three bags of rocks out of the ground to get to my backflow preventer. Then once he got to it he couldn't raise the lid because it's underground. It's under the cement that it's down in the ground and every time you open the back flow preventer rocks fall down. So either they should have built a box around it to prevent the rocks from falling on top of the back flow preventer seal. Or it should have been flush to the ground. And when the plumber came I asked him if this is accessible or not accessible? He said neither. Because he came and he had to dig out rocks. And now I've got three bags of rocks sitting on my floor and a big rock sitting on my floor because whoever passed the inspectio.i for this back flow preventer. I mean its not accessible because no one would never knew where it was if I didn't tell them and the plumber came out and cut the carpet to look down up in there and he laughed because he didn't believe that that was where the back flow was at. Mayor Clark, have you had a discussion with our Building Official/Maintenance Administrator Ms. Anderson? Have you guys talked and gone over the code? Ms. Wilder, no I haven't talked to anyone because I'm just a resident and I don't know the codes. But I did know that the guy that came out there to look at it,. the inspector that said it was accessible was the inspector that passed it. Now I didn't think that was right because if I was an inspector and I passed something I'm gonna say its okay too cause that's my job. Mayor Clark, what we'll do is if you could stick around for just a little bit after the meeting and you and Ms. Anderson can get together and we'll decide to get somebody else out there. I'm not sure exactly who because he is our plumbing inspector. But we'll get somebody else out there to take a look and make sure that what you have. Ms. Wilder, because my basement has been flooded three times because of what the sewer people are doing. Mayor Clark, and that I'm still trying to figure out that. I'm working with you and I'm trying to get that. Ms. Wilder, I understand that and appreciate that but I just want to know who inspects the inspectors. Mayor Clark, we will get that all figured out if you could stay you guys could hook up briefly. Forrest Dillavou, 1725 Huntington Road, several years ago prior to the downtown redevelopment there was an election held. And at that election the people voted no. The politician's said no. They didn't vote no about the redevelopment downtown, they voted no to the funding. So they went ahead with downtown. At that time there was a sports complex and a gym there. The Politian's went to some of the people on the Right To Know Committee and said what do we got to do to get you to buy into this and not resist? This is what the voters said, they • • • • November 8, 2010 Page 9 said no. And now we're back in the same spot again. It has re -rose from the dead and now we're going to do it again. We're going to put it on the taxpayers to take care of it, to fund it, to hire the help. We're a growing city government which we put 10 people in there. One of the department heads said it cost him $100,000.00 per person. I realize those are more expensive and more skilled people than these would be, but we're adding to the taxpayer's burden. We can't do that. If these people can afford to build it and give it to the city I think that is absolutely wonderful but they also need to keep it themselves so that if it looses money they can fund it not the taxpayers. The taxpayers are taxed, and taxed and taxed again. You keep raising fees and everything else. Mayor Clark, it's also a concern of this administration and we are looking at an endowment vehicle or funding vehicle to raise an endowment as the folks that raise the money for the sports complex. Which by the way is going to be a fabulous addition to downtown. But I agree with you, the taxpayers should not have to be saddled with the operational costs of that. And right now we have a line item of a quarter of a million dollars for operational expenses to start that. And we are looking at a possibility of another two million dollars to put into an endowment fund to fund the operation of that. We are hopeful; you know no body knows whether that is going to operate in the red or the black. We are hopeful that it will be successful enough that it will actually operate in the black and we won't have to use a dime of that. But the operational funding of the project is not falling on deaf ears with this administration. I do not want to charge the taxpayers with running that particular operation. And I think that we can make that a real probability that that doesn't happen. So we're working towards that. Mr. Dillavou, we have several projects that were sold with the same bill of goods. The Conway Civic Center, we've got a whole city full of white elephants. Hart/Getty that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 135571 - Hart/Schmitt that the council adjourn to Executive Session at 6:16 p.m. Ayes: Six. Absent: Cole. Motion carried. City Attorney Jim Walsh stated that discussion of strategy in matters in litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2007). EXECUTIVE SESSION 135572 - Welper/Hart that the council adjourn Executive Session at 6:30 p.m. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 135573 - Welper/Hart that the Council adjourn at 6:30 p.m. Ayes: Six. Absent: Cole. Motion carried. ZD Suzy S. hares City Clerk