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HomeMy WebLinkAboutMinutes-10/02/2006October 2, 2006 • The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, October 2, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Cole, Schmitt. Absent: Getty. Moment of Silence. Pledge of Allegiance: Tristan Hoffman - Troop 1 - St. Edward School. 124258 - Schmitt/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, October 2, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. 124259 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, September 25, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. Mayor Hurley read a Proclamation declaring October 1-7, 2006 as Mental Illness Awareness Week. Mayor Hurley presented a recognition to Dennis Clark, General Manager of Waterloo Water Works, by Iowa Department of Public Health for efficient water fluoridation. Introduction of Chuchumbe. CONSENT AGENDA 124260 - Schmitt/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-68, dated October 2, 2006, in the amount of $2,018,680.80, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2006-855. 2. Communication from City Engineer transmitting request of Doug Brace for a waiver for a concrete driveway to be located at 110 Hillside Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-856. 3. Communication from City Clerk transmitting request of Silver Eagle Harley- Davidson, 4022 Sergeant Road, for an exception to the burning ordinance to allow a bonfire on ground west of the building from 7:00 p.m. to 10:00 p.m. on September 29, 2006. Resolution adopted and upon approval by Mayor assigned No. 2006-857. b. Motion to approve the following: 1. Rich Carter and Michael McNamee, Police Lieutenants, to attend Amber Alert Leadership for Missing Children in Seattle, Washington on December 11-13, 2006, with costs not to exceed $330.00. 2. Jason Hernandez, Ryan Mahood and Stan Mingus, Medical Officers, to attend Emergency Cardiac Care Core Instructor Class in Iowa City, Iowa on October 12-13, 2006, with costs not to exceed $810.00, including use of city vehicle. 3. Melissa Ludwig, Police Officer, to attend Instructor Development School in Johnston, Iowa on April 16-20, 2006, with costs not to exceed $285.00, including use of city vehicle. 4. Randy Chapman and Greg Fangman, Police Sergeants, to travel to Denver, Indiana for selection of K-9 on October 2-5, 2006, with costs not to exceed $819.80, including use of city vehicle. October 2, 2006 Page 2 Consent Agenda continued c. d. 5. Jason Hernandez, Medical Officer, to attend IEMSA Conference in Des Moines, Iowa on November 8-11, 2006, with costs not to exceed $533.00. Beer/Liquor License Permit Application Class C Casey's Pub & Eatery, 1125 West Donald Street (Renewal) (Expires 9/23/07) (Includes Sunday Sales) Beer License Permit Application Class C Kum & Go, Sales) Kum & Go, Kum & Go, Sales) Aldi, Inc Sales) Europa Market, 301 West 5th Street (Renewal) (Expires 10/18/07) (Includes Sunday Sales) Tobacco Outlet Plus, 1803 LaPorte Road (Renewal) (Expires 10/13/07) (Includes Sunday Sales) 117 East San Marnan (Renewal) (Expires 11/2/07) (Includes Sunday 1104 Washington (Renewal) (Expires 11/2/07) (Includes Sunday Sales) 1976 Franklin Street (Renewal) (Expires 11/2/07) (Includes Sunday ., 1918 Schukei Road (Renewal) (Expires 11/3/07) (Includes Sunday e. Wine License Permit Application Class B Kum & Go, 117 East San Marnan Sales) Kum & Go, Kum & Go, Sales) Aldi, Inc Sales) Q&T Pharmacy, 920 West 5th Street (Renewal) (Expires 10/29/07) (Renewal) (Expires 11/2/07) (Includes Sunday 1104 Washington (Renewal) (Expires 11/2/07) (Includes Sunday Sales) 1976 Franklin Street (Renewal) (Expires 11/2/07) (Includes Sunday ., 1918 Schukei Road (Renewal) (Expires 11/3/07) (Includes Sunday f. Outdoor Service Area Application Casey's Pub & Eatery, 1125 West Donald Street g. Bonds. Ayes: Six. Absent: Getty. Motion carried. HEARINGS & BIDS 124261 - Gunderson/Schmitt that proof of publication of notice of public hearing on F.Y. 2007 Fire Training Center Burn Pad and Burn Tower Paving, Contract No. 715, as published in the Waterloo Courier on September 19, 2006, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 124262 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Schmitt that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. 124263 - Gunderson/Kincaid that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Fire Training Center Burn Pad and Burn Tower Paving, Contract No. 715", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-858. 124264 - Gunderson/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-859. October 2, 2006 Hearings & Bids continued 124265 - Gunderson/Kincaid Page 3 to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount Bowers Masonry, Inc. of Waterloo, IA 5% $66,691.65 Eggleston Concrete Contractors of Cedar Rapids, IA 5% $63,318.65 DC Corporation of Waterloo, IA $3,730.00 $74,547.45 B & B Builders and Supply of Waterloo, IA 5% $65,694.86 Ayes: Six. Absent: Getty. Motion carried. UNFINISHED BUSINESS 124266 - Greenwood/Schmitt that communication from Superintendent of Traffic Operations transmitting recommendation of award of contract in the amount of $246,945.40 to KWS, Inc. of Cedar Falls, Iowa in conjunction with Iowa 21 & US 20 Traffic Signalization, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-860. 124267 - Greenwood/Schmitt that communication from Superintendent of Streets transmitting recommendation of award of contract in the amount of $56,000.00 to Murphy Tractor and Equipment of Waterloo, Iowa for four month rental period in conjunction with Rental of Four Road Graders, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-861. PETITIONS FROM PUBLIC 124268 - Schmitt/Greenwood that communication from Senior Planner transmitting request of Dick Wald for an appeal of the Driveway Specifications prohibiting more than a 26' wide driveway at the back of the sidewalk to allow for a 110' wide driveway at the back of the sidewalk onto West 13th Street on vacant lot generally located southeast of 1420 Black Hawk Street for the construction of a mini -storage building, together with recommendation of denial of Planning, Programming & Zoning Commission, be received, placed on file and "Resolution approving said appeal", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper stated he thinks we would all agree that. Don Temeyer and Noel Anderson do a great job of encouraging development in our city. The Planning, Programming and Zoning Commission also do a terrific job to make sure that we follow our ordinances and things get put in the right place. Once in a while council is brought in to try and make a decision that would move things forward, help to create a tax base. Here is a situation where this business would have little or no traffic. It would be in a location on a street that has little or no traffic. If it been around the corner on Black Hawk Street or Jefferson Street, he would agree that the council should deny the request. Under the circumstances, he thinks this is a development that could happen without causing any problems, and he encouraged council to approve the request. Councilperson Schmitt stated West 13th Street dead -ends at the dike on the north end and it dead -ends at highway 218 on the south. This request is kind of unique. The council does not make a habit of overriding the Planning Commission, but he thinks if the council approves this tonight it needs to be done on a non -precedence basis because this is based on the unique situation, not that the council wants to continually override Planning and Zoning. Following comments a vote was taken on the above motion, with the following result. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-862. October 2, 2006 DOCUMENTS Page 4 124269 - Cole/Schmitt that communication from Senior Planner transmitting request of Keith and Kay Lowe for tax exemptions on improvements totaling $13,487.00 for 1320 Longfellow Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-863. 124270 - Cole/Schmitt that communication from Senior Planner transmitting request of Connie Boesen for tax exemptions on improvements totaling $11,050.25 for 804 Bertch Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-864. 124271 - Cole/Schmitt that communication from Associate Engineer transmitting four Federal Aid Grade Crossing Surface Repair Agreements with the Canadian National Railroad and the Iowa Department of Transportation for Newell Street, Ansborough Avenue, East 4th Street and Rainbow Drive at a total cost of $333,343.00, with city's cost of $69,168.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-865. 124272 - Cole/Schmitt that communication from Superintendent of Traffic Operations transmitting contract in the amount of $246,945.40 with KWS, Inc. of Cedar Falls, Iowa in conjunction with Iowa 21 & US 20 Traffic Signalization, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-866. 124273 - Cole/Schmitt that communication from Police Chief transmitting agreement with Iowa Department of Human Services for grant in the amount of $2,635.75, with no required city match, for the enforcement of underage drinking laws, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-867. 124274 - Cole/Schmitt that communication from Fire Chief transmitting agreement with Pierce Manufacturing, Inc. to purchase 2006 Platform Aerial at a cost of $730,109.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard Councilperson Gunderson stated he knows bond money has been scrapped together for this item, we haven't even seen this vehicle yet and we have approved two people to go down to Texas to review the aerial. Councilperson Gunderson stated he knows we are locked into Pierce as it seems like that there are not that many companies that make fire engines. We are in a bind right now because of the new regulations that are coming out in 2007 on diesel engines. Councilperson Gunderson stated he probably knows more about aerial fire trucks right now that he really ever wanted to know. Everybody he talks to about the aerial says that because of the salt brine that are on the streets and other corrosion problems with these types of trucks that we should get into a system that we rotate these every four to five years to get the money back out of them that we put into them. We are in a situation right now that we have a Pierce that is basically rusted apart. . • • • October 2, 2006 Page 5 Documents continued Hopefully, in the future or in the next few years we really look into a program that the Fire Department can sell them so we are not in the position that we are in right now that we have to spend this much money on a new vehicle. Mayor Hurley stated this is certainly something that needs to be looked at from a total cost standpoint. Our practice has been either 15 or 20 year replacement cycle, and Chief DeBerg wanted to move that down to maybe 10 or 15 years. That would obligate this council to a major adjustment in our capital budget in years out. Mayor Hurley stated there is a sense of urgency here. Some of it is our own doing on the city staff side and some of it is accident that we all know with our current aerial, which is sitting in a skeletal way behind fire station Number 1, unusable. The Quint is in Wisconsin being refurbed and won't be back until January, and Sioux City wants their loaner truck back in the next couple of weeks. Councilpersons Gunderson and Welper joined a team that went to Aurora, Illinois a couple weeks ago. That item was going to be on the agenda until Pontiac, Michigan preempted us and purchased that unit. This aerial came up, and Councilperson Gunderson advised him that in doing some homework with a firm he found on the net that there are more units out there, but this one is specific to a unit that appears to be spec properly. The aerial is a 2006 demo going around to different shows which is of some concern, and that is why we need to send some people to Texas if council agrees to this resolution. We will be paying our own way to go to Texas to check the aerial. Councilperson Greenwood commented we had a unit we bought from Pierce that we have to decommission because of rust. Why would we go back with Pierce verses looking at another manufacturer. Darryl Hartema, Fire Department Mechanic, reported one of the biggest problems we have is the height of our doors. Very few aerial trucks are leaving the assembly line right now that are shorter than 12'3". The truck that we are going to look at in Denton, Texas is 11'1034". That is going to be very close, and we will have to make some adjustments with door stops and things like that. Its two inches taller than what our current truck was. Most manufacturers are building a taller cab, which consequently lifts the aerial devise higher than what Pierce does. The truck we are going to look at, they actually notched the roof of the cab to get the aerial devise to ride as low as possible of what they call travel height so that it is under 12' and our doors to the top of our header is 12'. The construction of Station 1 is in a manner that it would be very expensive to try and raise that door height. Councilperson Greenwood asked what is the market for a ladder unit, are they available from the west or southwest, is there a market for them where you can buy five or six year old units versus buying something more expensive like a new unit, and use it in the Midwest where it is going to be subject to corrosion. Mr. Hartema responded the problem you run into is that these trucks carry so much weight. The truck we are going to look at right now weighs 76,800 pounds on three axels so in order to get a chassis that will hold that type of weight they actually have to make layers of steel. That causes a problem in this area with the salt brine and calcium is an issue. Cedar Rapids has four trucks that they are currently doing refurbs on. They are all aerials and one of them is as new as 2004. When you go to the south if you get too close to the coast, they have the same exact problem with the salt off the ocean or off the gulf. There are some states, Texas, Oklahoma, Colorado and states out west, that use very little road salt. Mr. Hartema noted that Fire departments tend to hold onto there equipment a little too long, and by the time they are ready to give them up they are usually about ready to be junked. There are some devices out there that are 10 or 15 years old, but unless they are from a selected area you are going to have the same issue that we have currently. The City of Cedar Rapids has a 2004 unit that probably doesn't have a whole lot of miles on it, maybe less than 2,000 miles on it, and they are looking at spending about $35,000.00 on corrosion on that particular truck. They have elevated highway just like we do, and the DOT is pretty aggressive with the ice control on those areas. Their truck operates out of their station 1 and that is one of their main territories. Mayor Hurley asked if the truck that we are looking at or want to look at is still in Denton, Texas. Mr. Hartema responded all of these trucks are available to anyone in the country, such as the Pontiac, Michigan truck, and anybody can step up and buy one of these trucks at any time. Most fire truck manufacturers will not deal with letters of intent, they have to have a signed contract. This unit was actually built and sent to the fire chiefs' show in Dallas, Texas which was approximately a month ago. The truck has traveled some short distances around the Dallas, Texas area, and it is currently at a dealership i4 Denton, Texas. The truck is still for sale to anyone in the country that is interested in that truck. October 2, 2006 Page 6 Documents continued Mayor Hurley stated some of this stuff in Councilperson Gunderson's investigation that he has been doing out in Nebraska with a blown engine is one of these ones that travels around. Mr. Hartema responded it is actually in Omaha, Nebraska right now. It was towed to a Detroit dealership in Omaha, and that truck originally was in Eugene, Oregon. At this time they are looking at whether the truck is worth replacing an engine or taking it back to the factory and redoing it back at the factory again. Mayor Hurley stated the contract says that Pierce agrees to furnish the apparatus and equipment according to the specs attached and made a part of this contract and to deliver the same as hereinafter provided. Mayor Hurley stated his reading is that if we purchase this machine it would be delivered to us. Mr. Hartema responded if we purchase it, the truck will be taken from Denton, Texas by Pierce at their expense to Pierce Manufacturing in Appleton, Wisconsin where they will be able to make some modifications to the front suspension to the truck and drop it another inch. That is a benefit for us because of the massive amount of hydraulics that is in these trucks when they are out in the wintertime and the weather gets cold they come back into a building where it warms up, the basket will actually lift from the hydraulic oil expanding. And that drift can be anywhere from one to three inches so anything that we can do to lower this truck is a plus for us. Councilperson Gunderson asked if the city will be paying for this to be re - modified. Mr. Hartema responded that is all included as part of the deal. Councilperson Gunderson asked if they going to be driving this truck back from Texas or are they going to trailer it back. Mr. Hartema responded it is nearly impossible to trailer these trucks because of their weight. It can be done, but the cost is astronomical with permits that are required. The truck itself is over 40 foot long in one piece so it doesn't qualify as a normal, straight truck, which most states have a limit of 40 foot without being articulating. So the permitting is just tremendous on a vehicle this heavy. This vehicle would not be allowed to travel most roadways in the country because of the weight on three axials. Councilperson Gunderson asked Mr. Hartema if he has ever gone on-line to Fire Trucks Plus, and Mr. Hartema responded he has. Councilperson Gunderson stated he talked to those folks today, and they have like the 2001 Pierce sky arm, 100 foot, and they have a 2003 Pierce sky arm and they trailer all their vehicles. They don't haul anything on the road because they said that is what is going to take the engine out of these vehicles. Mr. Hartema stated the sky arm is a very unique object, and the sky arm is actually a ladder that is built by a company in Canada installed in a Pierce aerial apparatus. The sky arm, actually the last section of the ladder articulates and it allows the basket to be folded underneath similar to an aligned truck. In that particular incident he would probably have that truck trailered. Those trucks are built completely different than a platform truck. The aerial devise on them is what he would consider frail. Councilperson Gunderson stated he has concerns about driving the truck back. If we buy it and then they are on the road with this, we are putting on miles, we are putting stress on this engine. Mr. Hartema stated all of the warranties would be as new truck except for the drive train warranty, and that would have begun the day it was delivered, which was the first part of August. All of the other warranties would be as of new. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-868. 124275 - Cole/Schmitt that communication from Superintendent of Traffic Operations transmitting application to Iowa's Clean Air Attainment Program (ICAAP) Ridgeway & Hammond, at an estimated cost of $509,000.00 percent match and city's commitment to properly maintain and public use during the project's useful life, be received, "Resolution approving said application", be adopted. Ay Getty. for improvements to , with required 20 operate project for placed on file and Absent: es: Six. Resolution adopted and upon approval by Mayor assigned No. 2006-869. .r • • October 2, 2006 Documents continued 124276 - Cole/Schmitt Page 7 that communication from Superintendent of Streets transmitting agreement in the amount of $56,000.00 with Murphy Tractor and Equipment of Waterloo, Iowa in conjunction with Rental of Four Road Graders, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-870. RESOLUTIONS TO BE ADOPTED 124277 - Welper/Gunderson that "Resolution committing financial support in the amount of $10,000.00, using discretionary hotel/motel tax funds for the Dan Gable International Wrestling Institute and Museum", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated we already approved this request contingent on their CAT grant package. At the time, it looked as though their private funding was going well enough that they would not need to go for the CAT grant, but then they found out as time went on a couple of other things have happened that have unforeseen costs and a major donor who backed away a little bit. They are asking the city, as they did the county, if we would commit the previously approved hotel/motel tax funds out of our discretionary pile. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-871. 124278 - Welper/Gunderson that "Resolution approving request of Waterloo Black Hawks for Convention & Visitor's Bureau hotel/motel tax funds in the amount of $7,500.00 to be used for the All Star Game", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported the Convention and Visitor's Bureau Board (CVB) approved a request last year for the Black Hawks to host a preseason tournament, and they were going to use some Convention and Visitor's Bureau hotel/motel tax funds, but a series of events didn't happen. Now the Black Hawks have been awarded the All Star Game for next January and are requesting to use that money. They went to the CVB and the CVB members that are here said its a great project, but they were bucking up against their process and they did not want to set a precedent. The CVB is here tonight to ask us to override them, and they would promote us overriding them. Mayor Hurley noted it shifts the burden to council a little bit, and he does not want a stampede of people coming to council to override the CVB because that is just not going to happen. Mayor Hurley stated the Black Hawks are a great asset to the City of Waterloo, and the All Star Game will be a real jewel for us. Gary Wheat, Convention and Visitors Bureau Director, stated this process was brought forward and the council gives them the due diligence to handle this process to distribute this funding each year. In the process, the Black Hawks came forth with a great bid for a preseason tournament. It was a wonderful bid, a wonderful project, that did not come to fruition and the All Star Game did. The grant request was for the preseason tournament. In respect to the process and all the people who applied for certain projects, the Convention and Visitor's Board felt like it needed to set a policy where it had to be utilized for the event it was applied for. That being said they fully support the Black Hawks. This is a wonderful event, the All Star game will be a huge feather in the hat; however, being good stewards to the money they felt like they needed to set the policy to say that they cannot be changing grants midstream to just be able to set a precedent change. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-872. October 2, 2006 ORDINANCES TO BE ADOPTED 124279 Cole/Schmitt Page 8 that "an Ordinance establishing grades for the F.Y. 2007 Sidewalk Inspection and Repair Program - Zone 6, Contract No. 712", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Getty. Motion carried. 124280 - Cole/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried. 124281 Cole/Schmitt that "an Ordinance establishing grades for the F.Y. 2007 Sidewalk Inspection and Repair Program - Zone 6, Contract No. 712", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor assigned No. 4838. NEW BUSINESS 124282 - Kincaid/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 M.L. King Jr. Drive Recreational Trail Head, Contract No. 709, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 124283 - Kincaid/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 M.L. King Jr. Drive Recreational Trail Head, Contract No. 709, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 124284 - Kincaid/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-873. 124285 - Kincaid/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as October 23, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-874. 124286 - Kincaid/Welper to instruct Leisure Services Director to prepare specifications, form of contract, etc. in conjunction with 2006 Riverview Recreation Area Bollards, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 124287 - Kincaid/Welper that specifications, form of contract, etc. in conjunction with 2006 Riverview Recreation Area Bollards, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 124288 - Kincaid/Welper that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-875. • • October 2, 2006 Page 9 New Business continued 124289 - Kincaid/Welper that "Resolution setting date of hearing on specifications, form of contract, etc. as October 16, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-876. 124290 Schmitt/Kincaid that the council adjourn to Executive Session at 6:41 p.m. Ayes: Six. Absent: Getty. Motion carried. City Attorney Jim Walsh stated that discussion of cable franchise fee litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(0(2005). EXECUTIVE SESSION 124291 - Schmitt/Gunderson that the council adjourn Executive Session at 6:51 p.m. Ayes: Six. Absent: Getty. Motion carried. 124292 - Schmitt/Gunderson that "Resolution approving agreement with Ahlers & Cooney, P.C. to represent the city in connection with franchise fee litigation," be adopted and City Attorney authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-877. ADJOURNMENT 124293 - Cole/Schmitt that the Council adjourn at 6:53 p.m. Ayes: Six. Absent: Getty. Motion carried. Nancy \kert, CMC City Clerk