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HomeMy WebLinkAboutMinutes-09/02/2008• • September 2, 2008 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Tuesday, September 2, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Absent: Cole. Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. 127728 - Reggie Schmitt/Steve Schmitt that the Agenda, as proposed, for the Regular Session on Tuesday, September 2, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 127729 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 25, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. Mayor Hurley read a Proclamation declaring September 6, 2008 as United Neighborhood Celebration. Mayor Hurley performed Swearing in of Police Officers Spencer S. Gann and Kyle R. Ullom. Presentation by Main Street Waterloo extending Appreciation Night for Hometown Heroes at Friday'Loo on September 5, 2008. CONSENT AGENDA 127730 - Reggie Schmitt/Steve 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. 1-65, dated September 2, 2008, in the amount of $2,778,079.65, 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. 2008-744. 2. Communication from City Engineer transmitting request of Sheila Stufflebeam for a waiver for a concrete driveway to be located at 1538 Lyon Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2008-745. 3. Communication from City Engineer transmitting request of Paul J. Wolter for a waiver for a concrete driveway to be located at 729 Burbank Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2008-746. 4. Communication from City Engineer transmitting request of Phil Westemeier for a waiver for a concrete driveway to be located at 1306 Holstein Place, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2008-747. 5. Communication from City Clerk transmitting request of West High School, 425 E. Ridgeway Avenue, to hold bonfire on September 24, 2008 at 8:00 p.m. on the parking lot on the northwest side of the school. Resolution adopted and upon approval by Mayor assigned No. 2008-748. September 2, 2008 Page 2 Consent Agenda continued 6. Communication from Police Chief transmitting request of John Deere to hold 90`h Anniversary Celebration of the John Deere Waterloo Operations on September 27, 2008 from 8:00 a.m. to 8:00 p.m. on the grounds of the new RiverLoop Expo , the Five Sullivan Brothers Convention Center and the parking lot on the east side of the Courier Building and to close Jefferson Street from the 3rd Street intersection heading east for 1% blocks and the southbound lanes of Park Avenue from Commercial Street to Bluff Street. Resolution adopted and upon approval by Mayor assigned No. 2008-749. b. Motion -to approve the following: 1. Bob Stringer, Human Resources Director, to attend National Public Employer Labor Relations Academy Certification Program and Iowa Public Employer Labor Relations Association Annual Conference in Des Moines, Iowa on September 9-12, 2008, with costs not to exceed $889.64, including use of city vehicle. 2. Cheryl Huddleston, Human Resources Manager, to attend National Public Employer Labor Relations Academy Certification Program and Iowa Public Employer Labor Relations Association Annual Conference in Des Moines, Iowa on September 9-12, 2008, with costs not to exceed $453.96. 3. Jim Bartlett, Police Officer; and Todd Wilson, Analyst/Programmer; to attend 4"' Annual Governor's Homeland Security Conference in Des Moines, Iowa on September 30 -October 1, 2008, with costs not to exceed $418.08, including use of city vehicle. 4. Kyle Ullom and Spencer Gann, Police Officers, to attend Iowa Law Enforcement Academy Intermediate Officer's Certification School at Hawkeye Community College on September 8 -October 31, 2008, with costs not to exceed $6,200.00, including use of city vehicle. 5. David Meeks, Executive Director of Human Rights Commission, to attend Joint International Association of Official Human Rights and the National Association of Human Rights Workers Conference in Detroit, Michigan on September 15-19, 2008, with costs not to exceed $1,716.00. c. Beer/Liquor License Permit Application Class C MaMa Nick's Circle Pizzeria, 1934 Washington (Renewal) (Expires 9/9/09) (Includes Sunday Sales) Casey's 218 Pub, 4010-4018 University Avenue (Renewal) (Expires 9/30/09) (Includes Sunday Sales) Spicoli's, 3555 University Avenue (Sunday Sales Expires 12/11/08) Triple D, 921 Broadway (New) (Expires 9/1/09) (Includes Sunday Sales) d. Fire Works Display Application Friendship Village at Landmark Commons, 1400 Maxhelen Blvd on 9/7/08 West High School, 425 E. Ridgeway Avenue on 9/26/08 e. Bonds. Ayes: Six, with Councilperson Hart abstaining on b4. Absent: Cole. Motion carried. HEARINGS & BIDS 127731 Getty/Hart that proof of publication of notice of public hearing on Composting Collected Yard Waste, as published in the Waterloo Courier on August 22, 2008, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127732 - 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. • • • • September 2, 2008 Hearings & Bids continued Page 3 127733 - Getty/Hart that "Resolution confirming approval of scope of services, form of contract, bid documents, etc. in conjunction with Composting Collected Yard Waste", be adopted. Ayes: Six Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-750. 127734 - Getty/Hart that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-751. 127735 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Waste Management Services for review: Bidder Bid Amount T & W Grinding Service, Delhi, IA $25.00 per ton Ayes: Six. Absent: Cole. Motion carried. 127736 - Getty/Hart that proof of publication of notice of public hearing on Flood Damage - Boiler Replacement for Center For The Arts, as published in the Waterloo Courier on August 26, 2008, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127737 - 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. 127738 - Getty/Hart that "Resolution approving recommendation of Building Official/Maintenance Administrator to award contract in the amount of $75,541.00 to WBC Mechanical of Waterloo, Iowa in conjunction with Flood Damage - Boiler Replacement for Center For The Arts", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked if the boiler was for the whole building and if it includes the new Phelps addition building. Louis Cutwright, Building Official/Maintenance Administrator, explained that the Center For The Arts building has three different sections now that the Youth Pavilion has been built. The Youth Pavilion runs under its own boiler system. The west end where Hope Martin Theater is located runs under a boiler system and this is the middle section of it. This boiler room was flooded during the flood. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole Resolution adopted and upon approval by Mayor assigned No. 2008-752. UNFINISHED BUSINESS 127739 - Reggie Schmitt/Welper that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $39,710.00 to Signs & Designs of Cedar Falls, Iowa in conjunction with 2008 Young Arena Message Center Installation, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-753. September 2, 2008 Unfinished Business continued Page 4 127740 - Reggie Schmitt/Welper that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $55,300.00 to Failor Hurley Construction of Hudson, Iowa in conjunction with 2008 Stone Replacement for Waterloo Public Library, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-754. 127741 - Reggie Schmitt/Welper that communication from Assistant City Engineer transmitting recommendation of award of contract in the amount of $8,574.85 to B&B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2009 Sidewalk Repair Block Grant Program - Zone 8, Contract No. 751, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-755. 127742 - Reggie Schmitt/Welper that communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of $237,000.00 to Advanced Environmental Testing and Abatement of Waterloo, Iowa in conjunction with Asbestos Removal Rath Administration Building, Contract No. 131 -AR -09 -2 -08 -GO, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-756. DOCUMENTS 127743 - Hart/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $55,300.00 with Failor Hurley Construction of Hudson, Iowa in conjunction with 2008 Stone Replacement for Waterloo Public Library, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-757. 127744 - Hart/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $129,179.00 with ACCO Unlimited Corporation of Johnston, Iowa in conjunction with 2008 Swimming Pool Filter Replacement and Painting At Gates Pool, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-758. 127745 - Hart/Reggie Schmitt that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $8,574.85 with B&B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2009 Sidewalk Repair Block Grant Program - Zone 8, Contract No. 751, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-759. 127746 - Welper/Steve Schmitt that communication from Associate Engineer transmitting Professional Services Agreement with Earth Tech AECOM at a cost of $169,000.00 for construction - related services in conjunction with F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement, Contract No. 743, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-760. • • • • September 2, 2008 Documents continued Page 5 127747 - Welper/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting agreement with Schumacher Elevator Company of Denver, Iowa for maintenance of hydraulic passenger elevator at the Youth Pavilion at a cost of $120.00 per month, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-761. 127748 - Welper/Steve Schmitt that communication from Director of Cultural & Arts Commission transmitting application with Union Pacific Foundation for grant in the amount of $2,500.00, with no required match, for new membership card printer, software and program supplies for the Phelps Youth Pavilion, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-762. 127749 - Steve Schmitt/Hart that communication from Planner II transmitting request of Craig & Brenda Aldrich for tax exemptions on improvements totaling $90,000.00 for property located at 1340 Midland 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-763. 127750 - Steve Schmitt/Hart that communication from Planner II transmitting request of Randy Creighton for tax exemptions on improvements totaling $91,840.00 for property located at 439 Beech 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-764. 127751 - Steve Schmitt/Hart that communication from Planner II transmitting request of Leah Clark for tax exemptions on improvements totaling $91,840.00 for property located at 445 Beech 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-765. 127752 - Steve Schmitt/Hart that communication from Planner II transmitting request of Joe & Paul Selesky for tax exemptions on improvements totaling $17,000.00 for property located at 339 Rath 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-766. 127753 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting Development Agreement with WATESSA Venture, LLC for development of 13,000 sq. ft. professional office building, with a new minimum taxable value of $1.1 million on a 1.49 acres site generally located in the Greenbelt Centre at the southeast corner of Greyhound and Athens Drive, including tax rebates for 4 years at 100 percent, 5`h year at 68 percent and 5 years at 50 percent, be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. September 2, 2008 Documents continued Prior to a vote on the above motion, the following comments were heard. Page 6 Councilperson Greenwood stated that he does not agree with this as he feels tax abatements should be given to businesses when we are at a competitive disadvantage. Councilperson Greenwood stated he does not see that in this case because the Social Security office picks a spot that they really want to be in with a certain amount of parking, it has to be on the bus route, so many square feet, with very specific requirements. Councilperson Greenwood asked if the developer really needs this to stay competitive in the marketplace in order to have the center built here as he feels they are going to be here anyway. Noel Anderson, Community Planning and Development Director, explained that this has been a multi-year search to find their expansion/relocation site. They looked at existing buildings as well as new construction so they did have some downtown Waterloo sites for the existing buildings as well as other existing buildings throughout the communities of Waterloo and Cedar Falls. Mr. Anderson stated he was approached during the middle of the process about what incentives would be available for a privately -owned professional office building for Social Security Administration. Jeff Eirinberg, Managing member of WATESSA Venture, LLC, explained that with the assistance of city staff and staff support they put together a competitive bid package that allowed them to get the award. This project initially had over 30 sites that were submitted, and WATESSA submitted three sites. Social Security through the General Services Administration reviews every site with the manager and other team members, both with GSA out of the Kansas City office as well as Social Security regional. They have to meet some very strict qualifications. At that point there were four sites that were approved out of all that had been submitted, and then it was strictly a competitive bid. It was a competitive bid deal and the award was on the basis of strictly dollars and cents. WATESSA approached the city and inquired as to what economic incentives were available. Councilperson Greenwood asked if Mr. Eirinberg was telling him that the federal government, which gives cities all kinds of unfunded mandates, wants the city to help them balance their budget by giving up our property taxes on their building to keep them on a competitive market place. Mr. Eirinberg responded that what he is saying is that this was a competitive bid deal for a professional office building that will be occupied by Social Security for at least ten years. Anything that the developer can do to enhance the package and make it more attractive to the tenant, in this case Social Security, they try to do or they won't get the deal. Mayor Hurley asked if the current Social Security building is taxable now or is it owned by the government. Mr. Anderson responded no. Mayor Hurley commented its not taxable now, so they are moving into what will be a tax base property. Mr. Eirinberg explained that this area has been advertised twice. The first time, about two years ago, there were problems with the sites and the selections. It was re -advertised and WATESSA participated both times. Mr. Eirinberg commented that it is his understanding that there were only four in the final running and WATESSA was one of them. Councilperson Hart asked if the four sites were in Waterloo. Mr. Eirinberg responded yes in Waterloo or within the city limits of Waterloo. Mayor Hurley noted that there is two to three years history on this, and the city's dealings weren't always with the developer, it was more with Social Security Administration trying to keep them downtown in our government district. That doable ideal would be an empty lot somewhere for a developer which would put something back on the tax base and they stay downtown. Mayor Hurley noted that he was talking with a staff member from Senator Harkin's D.C. office this morning and brought this up. His point was that this is happening with federal facilities all over the country, and its being driven by employee parking availability. Councilperson Steve Schmitt noted he is a proponent of keeping as many employers downtown as we can, but the tax allowance has been a part of the discussions since day one. Mr. Anderson explained that is correct, that he did not treat them any differently than any other professional office development since it was going to be a private taxpaying building regardless of who the tenant was. Mayor Hurley noted the city also looked at peripheral type of incentives we could do downtown had they moved into a current structure. Anywhere from reduced parking rates to CURA or Enterprise Zone kind of stuff. • • • September 2, 2008 Documents continued Councilperson Steve Schmitt stated if its been a part of the presentation while this whole process was going on he would be very concerned about changing the rules in the middle of the game as he does not think that would be fair to anybody involved. Councilperson Steve Schmitt stated he knows there are concerns when the ten year tax reductions are up, what if the federal government or Social Security office buys the building and the city never realizes any taxes. Councilperson Steve Schmitt stated we don't know that now and he doesn't see how we can control who does or doesn't buy a property ten years down the road. If we can get the building on West 4th Street on the tax rolls, its currently not paying taxes, and the new building will start paying taxes in five years and limited taxes for the following five years, then hopefully it would be a fully taxed building after that, so he is in favor of this. Mayor Hurley noted that paragraph 4.1 has been inserted which protects the city from the possibility of the federal government buying the building. They would have to pay the city back, they would have to forfeit future tax rebates and repay anything previously received. Councilperson Getty commented that they keep talking about the necessity for all this parking, that they just have to have a lot of parking, but where do they park now on 4th Street. They are serving the needs of the community, the people who come and go park in the street. Councilperson Getty stated he does not understand why all of a sudden they have to move into a new building and they keep throwing up parking. Councilperson Getty commented he doesn't believe Social Security has that many employees in their office because you wait so long to get serviced. Page 7 Mr. Eirinberg commented that this is taking place all over the country particularly with Social Security offices, and the reason for it is predominantly because of contemporaries of mind. Members of the postwar, baby boomer generation, which is an unbelievable mass of humanity that has started going to the social security offices for advice, applications, hearings, etc. This building probably meets the new federal mandated security standards or will a lot easier, and if you combine all of those attributes you can understand why they needed to move in the first place. Following comments a vote was taken on the original motion with the following result. Ayes: Four. Nays; Getty, Greenwood. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-767. 127754 - Welper/Steve Schmitt that communication from Community Planning and Development Director transmitting Master Easement Agreement and the Exchange Agreement with U.S. Bank for sale and conveyance of property generally located at the intersection of Mullan Avenue and Commercial Street for a new drive -up facility as part of agreement to purchase U.S. Bank drive -up and adjacent parking lot at a cost of $942,398.00 in conjunction with the Riverfront Renaissance Project, be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked if this will be the end and what will be the timeline going forward. Noel Anderson Community Planning & Development Director, responded we have the signed agreements as part of this council action so this should be the final step that we need for this portion of the acquisition. They will immediately begin construction on their new drive -up facility on the new corner of Commercial and Mullan. They have about 180 days to substantially complete that. There will be a final closing at which point they will vacate their other facility and we will be able to begin work on the upper plaza area. Councilperson Getty asked what was wrong with the property, they had to remove some soil. Mr. Anderson responded for the property that they are receiving at Mullan and Commercial there was some additional environmental testing. Based on that testing and discussions with the environmental consultants, we needed to remove some of the soil because of some pollutants, which increased the price $70,000.00. Mayor Hurley asked if council passes this does this get the city in a position to draw down from Vision Iowa? September 2, 2008 Documents continued Page 8 Michelle Weidner, Chief Financial Officer, responded she doesn't believe it will because the city is giving them property and giving them money this week. They are not giving us what we need until they build the building so we are at least six months out, and lets hope by the end of June, we'll be in that position. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-768. RESOLUTIONS TO BE ADOPTED 127755 - Greenwood/Steve Schmitt that "Resolution approving request of Fire Chief for an exemption to the City's Relatives in the Workplace Policy to hire firefighter from current Civil Service List", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-769. NEW BUSINESS 127756 - Getty/Hart that communication from General Manager transmitting request to certify the amount of $592.26 for work performed by the Waterloo Water Works at 5132 Hess Road, 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-770. 127757 Getty/Hart that communication from General Manager transmitting request to certify the amount of $2,664.27 for work performed by the Waterloo Water Works at 928 Dawson 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-771. ORAL PRESENTATIONS 127758 Mayor Hurley noted he received a communication today addressed to Nancy Eckert, City Clerk, from Mediacom that they are pleased to announce the addition of the Big Ten network to the family cable package on channel 73 in Waterloo. This change will be made on or about September 7, 2008. Councilperson Getty stated he has had a lot of phone calls from Maples Neighborhood Association about whether the city could get that sidewalk put in from Donald Street along Highway 63 to the Hy -Vee shopping center for the people to walk. Especially with winter coming on they have a terrible time trying to get from point A to point B. Mayor Hurley stated that it is his understanding that we will not get that done this season. Councilperson Getty asked if the city has started on any drawings or plans on the lift stations that we had talked about. We need to get busy in case something happens again in the city. Mayor Hurley responded that we have not started on any drawings or plans. Before we get that far, we will need to pick up again on our mitigation brainstorming list that we did back in June. Make sure those priorities are where we want to be. Mayor Hurley stated he does not want to put a lot of engineering, planning and waste management time into something we may not get funded or partially funded. Waste Management and others have been doing some homework on the what happened in regards to storm sewer backup, which we will need to know precisely before we can accurately say we need a lift station here or there. • • •i • • September 2, 2008 Page 9 Oral Presentations continued Hart/Steve Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127759 - Reggie Schmitt/Hart that the council adjourn to Executive Session at 6:26 p.m. Ayes: Six. Absent: Cole. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1)(j)(2007). EXECUTIVE SESSION 127760 - Reggie Schmitt/Welper that the council adjourn Executive Session at 6:45 Cole. Motion carried. p.m. Ayes: Six. Absent: 127761 - Reggie Schmitt/Welper that the Community Planning & Development Director be authorized to proceed. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 127762 - Reggie Schmitt/Welper that the Council adjourn at 6:45 p.m. Ayes: Six. Absent: Cole. Motion carried. Nancy Eckert, CMC City Clerk