Loading...
HomeMy WebLinkAboutMinutes-05/29/2007May 29, 2007 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, May 29, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole. Absent: Schmitt. Moment of Silence. Pledge of Allegiance: Councilperson Ron Welper. 125400 - Kincaid/Welper that the Agenda, as amended, deleting Item 19, for the Regular Session on Tuesday, May 29, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Schmitt. Motion carried. 125401 Kincaid/Welper that the Minutes, as proposed, for the Regular Session on Monday, May 21, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Schmitt. Motion carried. CONSENT AGENDA 125402 - Kincaid/Gunderson 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. 1-60, dated May 29, 2007, in the amount of $11,788,020.58, 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. 2007-401. b. Motion -to approve the following: 1. Eric Thorson, City Engineer, to attend 2007 American Public Works Association International Public Works Congress & Exposition in San Antonio, Texas on September 8-15, 2007, with costs not to exceed $2,363.10. 2. Larry Ticknor, Rusty Zey and Scott Kroeze, Airport Maintenance, to attend Lake Superior College ARFF Training in Duluth, Minnesota on May 29-31, 2007, with costs not to exceed $3,695.00, including use of city vehicle. 3. Michelle Weidner, Chief Financial Officer, to attend 2007 Iowa Governmental Roundtable in Des Moines, Iowa on May 17, 2007, with costs not to exceed $285.00, including use of city vehicle. 4. Louis Starks, Contracts and Grants Coordinator, to attend Hazwop/Emergency Response Course in Cedar Rapids, Iowa on June 12-14, 2007, with costs not to exceed $415.00, including use of city vehicle. 5. Steve Grim, Fire Department Instructor, to teach Advanced Transformers Class in Boscobel, Wisconsin on May 21-22, 2007, with costs not to exceed $215.00. c. Beer License Permit Application Class C A & S Petroleum, 127 Jefferson Street (Renewal) (Expires 6/29/08) (Includes Sunday Sales) d. Wine License Permit Application Class B A & S Petroleum, 127 Jefferson Street (Renewal) (Expires 6/29/08) (Includes Sunday Sales) May 29, 2007 Page 2 Consent Agenda continued e. Beer/Liquor License Permit Application Class C Buzzs Bar, 1016 Maynard Avenue (Renewal) (Expires 5/27/08) (Includes Sunday Sales) Pat's Tavern, 303 West 4th Street (Renewal) (Expires 5/20/08) (Includes Sunday Sales) f. Outdoor Service Area Application Buzzs Bar, 1016 Maynard Avenue g. Fireworks Display Application Waterloo Fireworks Festival, 6th Street Bridge on July 7, 2007 h. Bonds Ayes: Six. Absent: Schmitt. Motion carried. HEARINGS 125403 Greenwood/Gunderson that proof of publication of notice of public hearing on request of Jeff Reeves to vacate an 8'8" utility easement generally located on the southern portion of Lot 151 in Cedar Terrace 3rd Addition at 155 Trible Road for the purpose of constructing a 22' x 26' detached garage, as published in the Waterloo Courier on May 18, 2007, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125404 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 and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125405 — Greenwood/Gunderson. that "an Ordinance vacating an 8'8" utility easement generally located on the southern portion of Lot 151 in Cedar Terrace 3rd Addition at 155 Trible Road for the purpose of constructing a 22' x 26' detached garage", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Schmitt. Motion carried. 125406 - Greenwood/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Schmitt. Motion carried. 125407 - Greenwood/Gunderson that "an Ordinance vacating an 8'8" utility easement generally southern portion of Lot 151 in Cedar Terrace 3rd Addition at 155 the purpose of constructing a 22' x 26' detached garage", be passed for the second and third times and adopted. Ayes: Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4870. 125408 - Gunderson/Welper located on the Trible Road for considered and Six. Absent: that proof of publication of notice of public hearing on F.Y. 2007 Budget Amendment, as published in the Waterloo Courier on May 18, 2007, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125409 - This being the time and place of public hearing, the Mayor called and oral objections and there were none. Gunderson/Welper for written that the hearing be closed. Ayes: Six. Absent: Schmitt. Motion carried. • May 29, 2007 Page 3 Hearings continued 125410 - Gunderson/Welper that "Resolution approving said budget amendment", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-402. 125411 Getty/Gunderson that proof of publication of notice of public hearing on authorization of a loan agreement and issuance of not to exceed $250,000.00 General Obligation Capital Loan Notes for a General Corporate Purpose to pay costs of funding termination payments to retiring employees, including accrued vacation and sick leave, as published in the Waterloo Courier on May 15, 2007, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125412 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Gunderson that the hearing be closed. Ayes: Six. Absent: Schmitt. Motion carried. 125413 Getty/Gunderson that "Resolution instituting proceedings to take additional action for authorization of said loan agreement and issuance of said note", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-403. 125414 - Cole/Welper that proof of publication of notice of public hearing on issuance of not to exceed $6,140,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, storm water and drainage improvements; construction, reconstruction and repairing of street, sidewalk and intersection improvements; acquisition, construction and installation of storm sewer and sanitary sewer improvements, including lift station and interceptor improvements; acquisition of vehicles and capital equipment for the Police, Fire Rescue and Street Departments; acquisition, rehabilitation and demolition of abandoned, dilapidated or dangerous buildings and abatement of other nuisances and hazards; rehabilitation and improvement of city parks and acquisition, repair and replacement of facilities, equipment and improvements in city parks, including bikeway development, tennis court improvements and off-road maintenance equipment; acquisition, improvement and installation of traffic control devices, signage, fixtures and equipment, including traffic signal and street light improvements; acquisition and improving of the automated GIS/GPS mapping system, as published in the Waterloo Courier on May 15, 2007, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125415 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Michelle Weidner, Chief Financial Officer, reported the city began planning for these bond issues last September, October with developing the Capital Improvements Plan. There have been a lot of extensive meetings with all the department heads as each of them developed the projects that they want to or need to work on in the next five-year period. All existing projects and bonds available were evaluated to make sure that we still needed all that money for the projects that they originally were designated for, and some of that has been shifted around as timing issues have arisen. Ms. Weidner explained that Moody's came to Waterloo a couple of weeks ago and looked at the city's financial condition, and they just announced today that they have reaffirmed our Al bond rating. The city moved up to that rating in 2005, and that is the highest rating we have had in a number of years in the city. We are still working to move up to the next category, but we have a little ways to go yet to keep improving. Tonight, we are taking official action that authorizes council to issue the bonds. This is formal legal action that notifies all our citizens that the city is going to sell bonds for the specific projects listed. The bonds will be sold Wednesday, June 6, 2007, and we will accept electronic bidding. so we do see those bids come in over the Internet. May 29, 2007 Page 4 Hearings continued Ms. Weidner commented that it will take until June 29 or June 30 2007 to close on the bond issue before we actually have that cash in the bank. Ms. Weidner reported that the two refunding issues are anticipated to save our taxpayers more than $600,000.00 in interest payments so that is why we are going though that process. The interest rates are very favorable right now to refinance the 1998, 1999 and 2000 issues. The city will continue to repay them at the same rate that they were originally issued at so we are not stretching out our debt. We are just getting savings for our taxpayers. Larry Burger, Vice President of Speer Financial, explained that council is holding several public hearings as it is required by Iowa Code to hold hearings on the separate issues, and that is the only reason that we have all of these issues as separate. Bill Noth, of the Ahler's Law firm, and the Iowa Code require the council to hold these separate hearings. Ms. Burger commented that the two refunding issues will, hopefully, save the city over $600,000.00. Mr. Burger stated the market is down somewhere under 4 percent right now so we are looking for a very successful sale. This is the public hearing process, and on June 6, 2007 we will meet and sell the bonds. Cole/Welper that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125416 - Cole/Welper that "Resolution instituting proceedings to take additional action for issuance of said bonds", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-404. 125417 Cole/Welper that proof of publication of notice of public hearing on issuance of not to exceed $3,800,000.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs of refunding and refinancing General Obligation Bonds, Series 2000, as published in the Waterloo Courier on May 15, 2007, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125418 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Welper that the hearing be closed. Ayes: Six. Absent: Schmitt. Motion carried. 125419 - Cole/Welper that "Resolution instituting proceedings to take additional action for issuance of said bonds", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-405. 125420 Cole/Welper that proof of publication of notice of public hearing on issuance of not to exceed $12,000,000.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs of refunding and refinancing outstanding General Obligation Bonds, Series 1998A and General Obligation Bonds, Series 1999A, as published in the Waterloo Courier on May 15, 2007, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125421 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Welper that the hearing be closed. Ayes: Six. Absent: Schmitt. Motion carried. May 29, 2007 Page 5 Hearings continued 125422 - Cole/Welper that "Resolution instituting proceedings to take additional action for issuance of said bonds", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-406. 125423 - Welper/Kincaid that proof of publication of notice of public hearing on issuance of not to exceed $1,580,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of aiding in planning, undertaking and carrying out urban renewal project activities for the San Marnan Urban Renewal Area, the Logan Tax Increment Redevelopment Area, the Rath Tax Increment Redevelopment Area, the Martin Road District, and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, including property acquisitions, demolition, and clearance for public and private redevelopment, incentive payments relating to acquisition and private redevelopment of properties within such area, and construction, repair and improvement of the East Park Avenue Parking Ramp Facility, as published in the Waterloo Courier on May 15, 2007, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125424 - 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: Six. Absent: Schmitt. Motion carried. 125425 - Welper/Kincaid that "Resolution instituting proceedings to take additional action for issuance of said bonds", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-407. 125426 - Welper/Kincaid that proof of publication of notice of public hearing on issuance of not to exceed $690,000.00 General Obligation Bonds to pay costs of reconstruction, remodeling, improvement and repairing of city buildings and facilities, including Five Sullivan Brothers Convention Center, Young Arena, Central Garage, Fire Stations and Public Library, and acquisition of computer replacements and system upgrades to city's data management and information processing systems, as published in the Waterloo Courier on May 15, 2007, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125427 - 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: Six. Absent: Schmitt. Motion carried. 125428 Welper/Kincaid that "Resolution instituting proceedings to take additional action for issuance of said bonds", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-408. 125429 - Welper/Kincaid that proof of publication of notice of public hearing on issuance of not to exceed $415,000.00 General Obligation Bonds to pay costs of acquisition of capital equipment and vehicles for various city departments and operations; reconstruction and improvement of city golf courses, as published in the Waterloo Courier on May 15, 2007, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. May 29, 2007 Hearings continued Page 6 125430 - 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: Six. Absent: Schmitt. Motion carried. 125431 - Welper/Kincaid that "Resolution instituting proceedings to take additional action for issuance of said bonds", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-409. 125432 Welper/Kincaid that proof of publication of notice of public hearing on issuance of not to exceed $575,000.00 General Obligation Bonds to pay costs of reconstruction, renovation and improvement of Riverfront Stadium, swimming pools and sports facilities; improvements to Center For The Arts and Youth Pavilion, as published in the Waterloo Courier on May 15, 2007, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125433 - 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: Six Absent: Schmitt. Motion carried. 125434 - Welper/Kincaid that "Resolution instituting proceedings to take additional action for issuance of said bonds", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-410. UNFINISHED BUSINESS 125435 - Greenwood/Welper that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $74,652.96 to Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in conjunction with F.Y. 2007 Flood Wall Joint Repairs, Contract No. 729, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-411. 125436 Greenwood/Welper that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $374,342.20 to K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa in conjunction with F.Y. 2007 Cyclone Drive/Titan Trail, Contract No. 727, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-412. 125437 - Greenwood/Welper that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $625,011.15 to Cedar Valley Corp. of Waterloo, Iowa in conjunction with F.Y. 2007 Recreational Trail, Contract No. 714, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-413. • • May 29, 2007 Page 7 DOCUMENTS 125438 - Kincaid/Welper that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $74,652.96 with Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in conjunction with F.Y. 2007 Flood Wall Joint Repairs, Contract No. 729, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-414. 125439 - Kincaid/Welper that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $374,342.20 with K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa in conjunction with F.Y. 2007 Cyclone Drive/Titan Trail, Contract No. 727, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-415. 125440 - Kincaid/Welper that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $78,985.00 with Menninga Electric of Pella, Iowa in conjunction with Emergency Generators Installation at Fire Stations 1, 3, 4, 5, 6 and 8, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-416. 125441 - Kincaid/Welper that communication from Building Official/Maintenance Administrator transmitting Professional Services Agreement with BluePrince at a total cost of $93,000.00 for purchase and installation of permit software system, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-417. 125442 Getty/Gunderson that communication from Community Planning & Development Director transmitting application with U.S. Department of Commerce for Economic Development Administration (EDA) grant in the amount of $1,600,000.00 for renovation of the Tech Works Technology Center, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same.. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-418. 125443 - Getty/Gunderson that communication from Senior Planner transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments at a maximum cost of $2,000.00 for preparation of State Recreational Trails grant to be used for development of a trail between 6th Street and 18th Street on the south side of the Cedar River, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-419. May 29, 2007 Documents continued 125444 Getty/Gunderson Page 8 that communication from Senior Planner transmitting application with Iowa Department of Transportation for State Recreational Trails grant to be used for construction of trail along the south side of the Cedar River from 6th Street to 18th Street, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-420. 125445 - Gunderson/Welper that communication from Associate Engineer transmitting City -State Agreement with Iowa Department of Transportation for federal funds for development of transportation improvements and economic development and land -use planning along the U.S. Highway 63 Corridor from U.S. 218 to Donald Street, including a new connection to Westfield, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-421. 125446 - Gunderson/Welper that communication from Senior Planner transmitting request of Paul Danielsen for tax exemptions on improvements totaling $8,500.00 for 1116 Englewood 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: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-422. 125447 - Gunderson/Welper that communication from Senior Planner transmitting request of Ron and Karen Atwood for tax exemptions on improvements totaling $33,000.00 for 924 Grant 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: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-423. 125448 — Cole/Kincaid that communication from City Planner transmitting Partial Acquisition Contract with Michael and Debra Goldsmith at a cost of $928.16 in conjunction with Donald Street Trail, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-424. 125449 - Cole/Kincaid that communication from Community Planning and Development Director transmitting amendment #2 to the agreement with Craig Ritland for design services for the Waterloo Exposition Grounds, Phase 1, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-425. 125450 - Cole/Kincaid that communication from Airport Director transmitting request to increase marketing agreement with Mathis, Earnest and Vandeventer in the amount of $7,615.91, be received, placed on file and "Resolution approving said request", be adopted. • • May 29, 2007 Page 9 Documents continued Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked if these items have been put out for bid. Brad Hagen, Airport Director, responded the original $300,000.00 contract was bid and this amount was really part of the original contract. Ms. Hagen commented we have $300,000.00 in a grant and he proposed a $300,000.00 contract, but when you add a small local match that is the reason for the increase. Mr. Hagen stated the intent all along was to have that money in the original contract. Mayor Hurley commented that he thinks Mr. Hagen is saying we did our part a couple of years ago to administer the marketing grant, and this is a part of our match. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-426. RESOLUTIONS TO BE ADOPTED 125451 - Welper/Gunderson that "Resolution rescinding Resolution No. 2005-945 in its entirety due to an error in the legal description and adopting a new resolution dedicating a 13W easement along the south line of property generally located in the 400 block of Bourland Avenue for sanitary sewer purposes", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-427. 125452 - Welper/Gunderson that "Resolution authorizing the City Clerk to certify against certain parcels unpaid mowing, lot cleanup and snow removal fees", be Absent: Schmitt. adopted. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2007-428. 125453 Welper/Gunderson that "Resolution directing advertisement for sale of Obligation Bonds, Series 2007A, $3,675,000.00 General Bonds, Series 2007B and $1,090,000.00 General Obligation 2007C, as June 6, 2007 at 5:30 p.m. in the City Hall approving electronic bidding procedures", be adopted and to publish notice of same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned ORDINANCES TO BE ADOPTED 125454 Gunderson/Greenwood $19,730,000.00 General Obligation Refunding Bonds, Taxable Series Council Chambers and City Clerk instructed No. 2007-429. that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Section 4, of Chapter 10, Human Rights Commission, of Title 2, Board and Commissions (correcting last sentence of Section 4)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Schmitt. Motion carried. 125455 - Gunderson/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Schmitt. Motion carried. May 29, 2007 Page 10 Ordinances to be Adopted continued 125456 - Gunderson/Greenwood that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Section 4, of Chapter 10, Human Rights Commission, of Title 2, Board and Commissions (correcting last sentence of Section 4)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4871. 125457 - Welper/Gunderson that the council adjourn to Executive Session at 6:05 p.m. Ayes: Six. Absent: Schmitt. Motion carried. City Attorney Jim Walsh stated that discussion of pending lawsuit is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2007). EXECUTIVE SESSION 125458 - Cole/Gunderson that the council adjourn Executive Session at 6:31 p.m. Ayes: Six. Absent: Schmitt. Motion carried. ADJOURNMENT 125459 - Cole/Welper that the Council adjourn at 6:31 carried. p.m. Ayes: Six. Absent: Schmitt. Motion Caea- Nancy`Lckert, CMC City Clerk • •