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HomeMy WebLinkAboutMinutes-10/09/2006October 9, 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 9, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Getty, Cole, Schmitt. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Councilperson John Kincaid. 124294 Schmitt/Kincaid that the Agenda, as amended, for the Regular. Session on Monday, October 9, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 124295 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, October 2, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. CONSENT AGENDA 124296 - 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. 1-61, dated October 9, 2006, in the amount of $1,363,121.24, 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. 2006-878. 2. Communication from City Engineer transmitting request of Christopher Turner for a waiver for a concrete driveway to be located at 5911 Gracie Drive, together with recommendation of approval Resolution adopted and upon approval by Mayor assigned No. 2006-879. 3. Communication from City Engineer transmitting request of Sandra Degenhardt for a waiver for a concrete driveway to be located at 1619 Plymouth Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-880. 4. Communication from City Engineer transmitting request of Erik Hild for a waiver for a concrete driveway to be located at 803 Hanna Boulevard, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-881. 5. Communication from City Engineer transmitting request of Joseph P. Wright for a waiver for a concrete driveway to be located at 2925 West 4th Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-882. 6. Communication from City Engineer transmitting request of Adam Burg for a waiver for a concrete driveway to be located at 3543-3549 East Shaulis Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-883. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting appointment pf the following to the Design Review Board: Jim Ellis, with term expiration date of May 7, 2007, and David Deeds, with term expiration date of May 7, 2008; reappointment of the following: Larry Howard, Jim 'Volg4rino, and Craig Ritland, with term expiration date of May 7, 2009; reappointment of Dan Channer, with term expiration date of May 7, 2007; reappointment of Billie Bailey, with term expiration date of May 7, 2008. October 9, 2006 Consent Agenda continued Page 2 2. Communication from Mayor Hurley transmitting recommendation of reappointment of the following to the Planning, Programming and Zoning Commission: Steve Grimm, Dolly Fortier, Reed Craft and Larry Moser, with term expiration date of February 7, 2009. 3. Rhonda Weber, Police Officer, to attend Crime Scene Reconstruction Seminar in Lincoln, Nebraska on October 24-27, 2006, with costs not to exceed $753.60, including use of city vehicle. 4. John Kehoe, Chief Electrical Inspector, to attend IAEI Iowa Chapter Fall Meeting in Johnston, Iowa on October 19-20, 2006, with costs not to exceed $135.00, including use of city vehicle. 5. Mike Jenn, Fire Captain; and Darryl Hartema, Mechanic; to travel to Denton, Texas to examine aerial platform on October 3-4, 2006, with costs not to exceed $320.00, including use of city vehicle. 6. Bruce Arends, Police Captain, to attend Amber Alert and the Media Course in San Diego, California on November 13-15, 2006, with costs not to exceed $330.00. 7. Jeff Harrington, Police Officer, to attend Fundamentals of Crisis Negotiation Seminar in Bellevue, Nebraska on October 16-19, 2006, with costs not to exceed $501.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Z's Restaurant & Lounge, 3937 West Airline Highway (Renewal) (Expires 10/31/07) d. Beer/Wine License Permit Application Special Class C Zio Johno's Spaghetti House, 900 LaPorte Road (Renewal) (Expires 10/3/07) (Includes Sunday Sales) Highway 63 Diner, 3030 Marnie Avenue (Renewal) (Expires 11/4/07) (Includes Sunday Sales) e. Beer License Permit Application Class C Holiday Stationstore #207, 1604 LaPorte Road (Renewal) (Expires 11/30/07) (Includes Sunday Sales) Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS & BIDS 124297 - Gunderson/Kincaid that proof of publication of notice of public hearing on Purchase of Emergency Generators for Fire Stations #1, #3, #4, #5, #6 and #8, as published in the Waterloo Courier on September 29, 2006, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 124298 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Kincaid that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 124299 - Gunderson/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Purchase of Emergency Generators for Fire Stations #1, #3, #4, #5, #6 and #8", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-884. 124300 - Gunderson/Welper that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-885. October 9, 2006 Hearings & Bids continued 124301 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Fire Chief for review: Bidder Page 3 Bid Bond Bid Amount 3E, Cedar Rapids, Iowa 10% $161,778.00 Ayes: Six. Absent: Greenwood. Motion carried. 124302 Getty/Schmitt that proof of publication of notice of public hearing on F.Y. 2007 Odor Control and HVAC Replacement, Water Pollution Control Facilities, Contract No. 716, as published in the Waterloo Courier on September 15, 2006, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 124303 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Kincaid that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 124304 - Getty/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Odor Control and HVAC Replacement, Water Pollution Control Facilities, Contract No. 716", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-886. 124305 - Getty/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-887. 124306 - Getty/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Waste Management Services for review: Bidder Bid Bond Bid Amount E.B. Spencer Engineering, Inc., Janesville, Iowa 5% $1,067,000.00 Ayes: Six. Absent: Greenwood. Motion carried. UNFINISHED BUSINESS 124307 - Welper/Schmitt that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $56,961.65 to Bowers Masonry, Inc. of Waterloo, Iowa in conjunction with F.Y. 2007 Fire Training Center Burn Pad and Burn Tower Paving, Contract No. 715, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-888. October 9, 2006 PETITIONS FROM PUBLIC 124308 - Gunderson/Welper Page 4 that communication from Community Planning and Development Director transmitting Development Agreement with Cedar Valley Restoration and Development to transfer property generally located at the intersection of East 8th and Sycamore Streets for $20,200.00 to build four housing units with a minimum taxable value of $80,000.00, tax abatements for 10 years on the 10 -year CURA rate to the property owner, and remaining tax rebates for the 10 year period to be used for the project development and streetscape improvements, be received, placed on file and "Resolution setting date of hearing as October 23, 2006 at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-889. DOCUMENTS 124309 - Cole/Schmitt that communication from Senior Planner transmitting request of Barbara Bushby for tax exemptions on improvements totaling $4,405.00 for 416 Reber Avenue located 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: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-890. 124310 - Cole/Schmitt that communication from Senior Planner transmitting request of Janice Durham for tax exemptions on improvements totaling $2,750.00 for 612 Ankeny Street located 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: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-891. 124311 - Cole/Schmitt that communication from Senior Planner transmitting request of Roland Miller for tax exemptions on improvements totaling $49,500.00 for 224 Summit Avenue located 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: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-892. 124312 - Schmitt/Kincaid that communication from Community Planning and Development Director transmitting Cooperative Agreement with U.S. Environmental Protection Agency for Brownfield Assessment grant in the amount of $200,000.00, with no required match, for assessment activities for petroleum in the Downtown area from Washington to Franklin and Mullan to 18th Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-893. 124313 - Schmitt/Kincaid that communication from Community Planning and Development Director transmitting Cooperation Agreement with U.S. Environmental Protection Agency for Brownfield Assessment grant in the amount of $200,000.00, with no require match, for assessment activities for hazardous materials in the Downtown area from Washington to Franklin and Mullan to 18th Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-894. October 9, 2006 Documents continued 124314 - Kincaid/Welper Page 5 that communication from Superintendent of Traffic Operations transmitting agreement at a cost of $45,000.00 with Rich and Associates, Inc. of Southfield, Michigan to perform downtown parking study, 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. Sandi Greco, Superintendent of Traffic Operations, reported this study will consist of locations of lots and where they are needed, study of parking meters, parking ramp equipment and software, cost of parking downtown at this time, and the future downtown revitalization. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-895. 124315 - Kincaid/Welper that communication from General Manager of Waterloo Water Works transmitting Release of Real Estate Mortgage with Terry and Dianne Reiter, 11621 Kimball Avenue, in conjunction with Kimball South Rural Water Main Project, be received, placed on file and "Resolution approving said release of real estate mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-896. 124316 - Welper/Schmitt that communication from Police Chief transmitting Memorandum of Understanding with U.S. Dept of Justice the Bureau of Alcohol, Tobacco, Firearms and Explosives for reimbursement of overtime salary costs, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-897. 124317 - Welper/Schmitt that communication from Police Chief transmitting agreement with Waterloo/Cedar Falls Celltelco Partnership for installation of antennas for improved wireless communication service at a total cost of $2,800.00, with city's cost not to exceed $900.00, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-898. 124318 - Gunderson/Welper that communication from Community Planning and Development Director transmitting application with Iowa Department of Economic Development for Iowa Brownfield grant in the amount of $200,000.00, with city match of $200,000.00, to be used to demolish portions of the Chamberlain Plant, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-899. 124319 - Gunderson/Welper that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $56,961.65 with Bowers Masonry, Inc. of Waterloo, Iowa in conjunction with F.Y. 2007 Fire Training Center Burn Pad and Burn Tower Paving, Contract No. 715, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-900. October 9, 2006 Documents continued 124320 - Getty/Schmitt Page 6 that communication from Community Planning and Development Director transmitting Quit Claim Deed from Navajo Associates, L.L.C. for acquisition for $1.00 property located at 734 Vinton Street, be received, placed on file and "Resolution approving and accepting said deed", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-901. 124321 - Getty/Schmitt that communication from Police Chief transmitting contract in the amount of $40,034.11 with Matt Parrott & Sons for remodeling projects in the Records section, the Crime Lab, Patrol Sergeant's office and Interview Room No. 6, be received, placed on file and "Resolution approving said contract", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-902. RESOLUTIONS TO BE ADOPTED 124322 - Kincaid/Gunderson that "Resolution establishing the amount of just compensation of $175,000.00 for property commonly known as 300 West Park Avenue to be acquired for construction of public market in Downtown Waterloo and to authorize use of condemnation procedures for acquisition of said property", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley, reported the council took action on this resolution a couple of weeks ago, but with the new imminent domain laws passed by the state this year our attorneys checked the process and we didn't follow one of the steps in the process. We have now corrected our process and must adopt a new resolution. The resolution that council has in their packets speaks about the $175,000.00, but we further resolved to purchase the property for 30 percent more, which is $227,500.00. If people are thinking about dollars that is where the city's last and existing offer. Jim Walsh, City Attorney, stated the city has negotiated a number of months on this property. Its one of the EXPO properties. The law does require the city to make a determination as to whether or not the property is to be taken by a public condemnation process and to set a fair just compensation for that property. Mr. Walsh stated he has given his opinion before that it does allow the city to take this property for the purpose we state that its going to be used for and described the process that will be followed if there is a dispute with the property owner as to the value of the property. There have been two appraisals to this property so far, and the city has taken the higher of those. We have increased that amount by what the legislature has told us is an acceptable premium for the cost of relocating a property owner, which was the 30 percent amount involved. There is a well tested and established method for resolving disputes about value. An independent body, of knowledgeable people, is appointed at the court house to make a determination based on evidence presented in a contested hearing. If the property owner elects to follow that process, the independent body determines the amount of just compensation which the city will then pay. That process is not in our hands. The decision in the council's hands is whether to condemn and what just compensation would be. The resolution which has been proposed before council, and passed once before a little prematurely, is establishing that the council does believe its a good purpose to condemn this property for a good public purpose and that the compensation be set at the amount stated. Mr. Walsh advised the council to refrain from negotiating individually or informally on price. The price is in the resolution. Mr. Riley and his client have a right to petition government regarding whether or not this property should be condemned. They know the process for disputing the amount and that process can be followed across, the street if they don't accept the amount that council authorizes to be offered at this time. There have been a number of public hearings on the EXPO project over the years. Many of them in this very room and whether or not the property was needed was debated in those context. • October 9, 2006 Resolution to be Adopted continued Mayor Hurley reported that late this afternoon the council and he received a rather voluminous packet of information from David Riley and have not had a chance to get through it. Mayor Hurley stated it is not his intention to go through that material tonight unless Mr. Riley can do it in three minutes.. Mayor Hurley stated if Mr. Riley wishes to address the council on the should or shouldn't or general comments on the purpose of our project or process, then he should speak for three or four minutes. Mayor Hurley stated that suspecting that everyone needs time to read through what Mr. Riley gave them, and he probably wants more than three minutes to address the council, he proposed to Mr. Riley that a work session be held next Monday. Mayor Hurley stated if the council agrees to hold a work session next week, then he will ask them to table this item until next week. Page 7 David Riley, 3398 Mount Vernon Drive and attorney for Riley's Floors and More, stated.he would appreciate the work session. Mr. Riley stated one of his frustration (Exhibits 1 and 2 in his packet) is that the council sits in a quasi-judicial capacity and decides whether the city will exercise imminent domain, and they are being asked to pass a resolution that comments on fair values for this property, and they do so without ever having heard the property owners point of view, and he thinks that is a very fundamental due process argument. Mr. Riley stated the owner of Riley's Floors and More, Stephen Riley, has not been afforded due process, and he has never had a hearing in front of the council. Mr. Riley stated they get this three minutes tonight and that is it, and he respectfully submits that is not due process. Mr. Riley stated he intended to go through the exhibits quickly, and he has been working all day trying to get through it in three minutes. Mayor Hurley stated he understands some of the council members just got the packet handed to them as they walked into chambers tonight. Mr. Riley responded he understands that, and he can give a little food for thought if the city gives him three minutes. Mayor Hurley asked Mr. Riley what he was going to discuss because we are not being judiciary on the price as that is part of the other end of the process, but if Mr. Riley wanted to address the council on whether this is a good public purpose, he would allow that. Mr. Riley stated he had some things he wanted to address to the council which are contained in the resolution. Mr. Riley reported that exhibit three of the packet requires that private property cannot be taken for public use without just compensation first being made, and that is from the Iowa Constitution. Exhibit 4 is a copy of our Imminent Domain Law, not the new law but the old law, that says that the commissioners will determine the amount of damages sustained. It does not say fair market value, it does not say they are limited to what an appraiser finds, it says the amount of damages. It also says in that code section that at the request of the condemner or condemnee the commission shall divide the damages into parts to indicate the value of any dwelling, and there is one here; the value of the land, there is land here; the improvements of a dwelling, there are improvements here; and the value of any additional damages, and there are additional damages here. Mr. Riley stated if the mayor and council have been told that all they are limited to is fair market value, he believes they have been misinformed as they are entitled to award damages. Mr. Riley stated exhibit 5, tab 3, shows in the estimate ordered by the city is that it is going to cost $298,378.00 to replace the square footage, and then it shows the other line that is highlighted that the land alone is worth $45,000.00. You add those together, you come up with $343,378.00. That's what its going to cost to replace this land and this square footage. Mr. Riley stated what is being offered to his brother is $227,500.00, which is short $115,878.00 because that is the damage he is going to sustain if the council goes forward this resolution, with this imminent domain proceeding. Mr. Riley stated as noted in the city's appraisal report, which is tab 1, he has basement space that he uses and utilizes. That is also photographed at tab la, pages 20 and 21. It is commented on in the appraisal at tab 4 where they comment that the basement is very functional. What the city's appraiser has done, and all his brother wants is a lateral move. They are going to take 4,152 square feet, and he just wants that space some place else. Mr. Riley stated there is no existing building out there that will work. The city staff knows that, he knows that, and his brother knows that. Mr. Riley referred to comparable building number 2, under tab 7, whereby that owner bought that property for $150,000.00 and then spent $150,000.00 to renovate it, which is exhibit 6 in the packet, showing the purchase price of the building was just the tip of the iceberg. Mr. Riley stated they have determined that the prudent and economical way to proceed is to build a new space. Mr. Riley stated they know from the city's appraisal exactly what that is going to cost them because tab 3 shows that those are the damages that Steve is going to sustain if the council goes forward with this. October 9, 2006 Resolution to be Adopted continued Page 8 Mr. Riley stated they would like to sit down with the council and go through this at a work session. They would like to go through everyone of those comps and explain why they are not comparable, and they would like to explain to the council the limitations on the appraisal's report and why the amount that the city is offering is going to leave him $115,000.00 short. Mr. Riley stated the city's offer is $0.66 on the dollar for what this is going to cost Steve. Mr. Riley stated he is here tonight to suggest an alternative to the resolution of imminent domain. That alternative is pay Steve what this is going to cost him. Give him the $45,000.00 for the land, that. is right out of the city's appraisal. Mr. Riley stated the city should give Steve what its going to cost him to replace this space because he can't buy an existing building, it doesn't exist. If the city does that, he will go, and he will go quietly. Mayor Hurley stated that Mr. Riley should understand that the work session will be pretty much a one-way conversation. Its not a dialog, unless council has questions of clarification, and it is certainly not an negotiation. It will be Mr. Riley's chance, in 30 minutes, to clarify the materials. Gunderson/Getty that this item be tabled to the October 16, 2006 council meeting and a work session be held on October 16, 2006. Ayes: Six. Absent: Greenwood. Motion carried. 124323 — Kincaid/Schmitt that "Resolution accepting and approving acquisition of property generally located at 1811-1813 East 4th Street, as granted by court order pursuant to Section 657A.10A of the Iowa Code", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Schmitt asked the City Attorney to give an explanation of Section 657A of the Iowa Code because its a new law, and we have ten other properties in that process right now. Jim Walsh, City Attorney, responded it is a complicated law, and he would like to do that in writing. Councilperson Schmitt stated it is a new law and the properties have to meet certain criteria, but it is a fast track that allows the city to take ownership of the property. Mr. Walsh responded the League of Cities has done a nice article on this subject, and he would be glad to summarize it for the council. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-903. NEW BUSINESS 124324 - Gunderson/Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,200.00 for work performed by the Water Works at 134 Lincoln Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-904. 124325 Getty/Cole to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2006 South Hills Pro Shop Renovation, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 124326 - Getty/Cole that plans, specifications, form of contract, etc. in conjunction with 2006 South Hills Pro Shop Renovation, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. October 9, 2006 New Business continued 124327 - Getty/Schmitt Page 9 that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-905. 124328 - Getty/Schmitt 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 of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-906. 124329 - Welper/Schmitt to instruct Superintendent of Central Garage to prepare specifications, etc. in conjunction with Purchase of One Aerial Truck for Leisure Services Department, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 124330 - Welper/Schmitt that specifications, etc. in conjunction with Purchase of One Aerial Truck for Leisure Services Department, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 124331 - Welper/Schmitt that "Resolution preliminarily approving specifications, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-907. 124332 Welper/Schmitt that "Resolution setting date of hearing on specifications, etc. as November 6, 2006, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-908. 124333 - Schmitt/Kincaid that the council adjourn to Executive Session at 6:10 p.m. Ayes: Six. Absent: Greenwood. Motion carried. City Attorney Jim Walsh stated that discussion of Acquisition of property for Expo Area is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1)(j)(2005) . EXECUTIVE SESSION 124334 - Schmitt/Gunderson that the council adjourn Executive Session at 6:27 p.m. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 124335 - Schmitt/Cole that the Council adjourn at 6:27 p.m. Ayes: Six. Absent: Greenwood. Motion carried. raLALL Nandy Ecke t, CMC City Clerk