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HomeMy WebLinkAboutMinutes-04/05/2010• • April 5, 2010 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, April 5, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. 130795 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, April 5, 2010, at 5:30 p.m., be accepted and approved Ayes: Seven. Motion carried. 130796 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 22, 2010, at 5:30 p.m., as proposed, for the Regular Session on Monday, March 8, 2010, at 5:30 p.m., as amended, be accepted and approved. Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring April as Child Abuse Prevention Month. Mayor Clark read a Proclamation declaring April as Parkinson's Disease Awareness Month. Mayor Clark read a Proclamation declaring the week of April 11 - 18, 2010 as Days of Remembrance. CONSENT AGENDA 130797 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-58, dated April 5, 2010, in the amount of $3,061,452.91, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2010-207a. 2. Resolution approving request of Cedar River Festival Group for a variance to the Noise Ordinance on August 1, 2010 from 1:00 p.m. to 7:00 p.m. in conjunction with Cedar River Festival event that will be held at Exchange Park, including PA system and band, together with recommendation of approval of Interim Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2010-208a. 3. Resolution approving request of Screaming Eagle American Bar & Grill, 228 East 4th Street, for a variance to the Noise Ordinance and permission to close a portion of Lafayette Street (between 4th & 5th Streets) starting Thursday, May 6, 2010 and each Thursday through November 2010 from 6:30 p.m. to 10:00 p.m. in conjunction with Bike Night event, including PA system and band, together with recommendation of approval of Interim Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2010-209a. 4. Resolution approving request of Waterloo Memorial Day Board to hold annual Memorial Day Parade on May 31, 2010, starting at 10:30 a.m. on 6th & Commercial Streets, right to Park Avenue, right to Mulberry Street, right to 5th Street and right to Cedar Street, together with recommendation of approval of Interim Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2010-210a. 5. Resolution approving request of Jesus and Beverly Ayala for permission to close a portion of Lafayette Street (between 4th Street westerly to the alley mid -block) on May 5, 2010 from 4:00 p.m. to 9:00 p.m. in conjunction with Cinco de Mayo Celebration, together with recommendation of approval of Interim Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2010-211a. April 5, 2010 Page 2 6. Resolution approving request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $28,530.00 for property located at 325 Lane Street and located in the Consolidated Urban Revitalization Area. Resolution adopted and upon approval by Mayor assigned No. 2010-212a. 7. Resolution approving request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $74,000.00 for property located at 330 Oneida Street and located in the Consolidated Urban Revitalization Area. Resolution adopted and upon approval by Mayor assigned No. 2010-213a. 8. Resolution approving request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees: Resolution adopted and upon approval by Mayor assigned No. 2010-214a. b. Motion to approve the following: 1. Request of George Wyth State Park for an exception to burning yard waste to burn approximately 10 acres of prairie grass located between Wyth Lake and the main park road; and 3 acres of prairie grass located at the far west end of the park near the Lodge during the time period of April -May 2010, together with recommendation of approval of the Fire Chief. Submitted by City Clerk Suzy Schares 2. Recommendation of appointment of Daniel Trelka to the position of Police Chief, effective May 3, 2010. Submitted by Mayor Buck Clark 3. Recommendation of appointment of Kevin Evans to the Leisure Services Commission, with term expiration of 2/28/2013. Submitted by Leisure Services Director Paul Huting 4. Recommendation of reappointment of Robert Frost to the Leisure Services Commission, with term expiration of 2/28/2013. Submitted by Leisure Services Director Paul Huting 5. 6. 7. 8. Travel Requests Address Amount to certify 310 Conger Street $2,440.00 203 Fairfield Street $3,500.00 707 Denver Street $785.00 153 Dawson Street $2,400.00 Resolution adopted and upon approval by Mayor assigned No. 2010-214a. b. Motion to approve the following: 1. Request of George Wyth State Park for an exception to burning yard waste to burn approximately 10 acres of prairie grass located between Wyth Lake and the main park road; and 3 acres of prairie grass located at the far west end of the park near the Lodge during the time period of April -May 2010, together with recommendation of approval of the Fire Chief. Submitted by City Clerk Suzy Schares 2. Recommendation of appointment of Daniel Trelka to the position of Police Chief, effective May 3, 2010. Submitted by Mayor Buck Clark 3. Recommendation of appointment of Kevin Evans to the Leisure Services Commission, with term expiration of 2/28/2013. Submitted by Leisure Services Director Paul Huting 4. Recommendation of reappointment of Robert Frost to the Leisure Services Commission, with term expiration of 2/28/2013. Submitted by Leisure Services Director Paul Huting 5. 6. 7. 8. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Officer Jessica Brownell, Officer Andrew Naumann Basic Iowa Law Enforcement Academy class Waterloo, Iowa March 15 - May 7, 2010 $6,200.00 Tim Moyer, Chief Electrical Inspector; Dan Youngblood, Chief Combination Inspector Annual educational and business meeting of the Iowa Association of Electrical Inspectors Riverside, Iowa April 14-16, 2010 $450.00 Sgt Farmer, Officer A. Bovy, Officer Bose 2010 USPCA annual narcotics detention certification course Algona, Iowa April 5-7, 2010 $1,051.00 Officer D. Bovy, Officer B. Walter Police Motorcycle Training Davenport, Iowa April 10-12, 2010 $556.00 April 5, 2010 9. 10. 11. 12. Class A The Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/13/2011) (Includes Sunday Sales) Page 3 Paul Huting, Leisure Services Director Iowa Park and Recreation Association Spring Conference Sioux City, Iowa April 11-14, 2010 $490.44 Josh Heller, Engineer/Paramed ic; David Jenssen, Paramedic IA WMD Task Force Specialty Teams Integration Training Johnston, Iowa March 15-19, 2010 $818.89 Jon Martin, Rehabilitation/R elocation Specialist Attend Lead Inspector/Risk Assessor Training for certification Dubuque, Iowa April 12-16, 2010 $2,015.00 13. Liquor License Permit Application Class C Fortune's, 328 Elm Street (Renewal) (Expires 3/27/2011) (Includes Sunday Sales) Legends, 2122 Kimball Avenue (Renewal) (Expires 3/27/2011) (Includes Sunday Sales) Red Carpet Golf, 1409 Newell Street (Renewal) (Expires 4/4/2011) (Includes Sunday Sales) 14. Outdoor Service Area Application The Sunnyside Country Club, 1600 Olympic Drive Fortune's, 328 Elm Street Red Carpet Golf, 1409 Newell Street 15. Fireworks Display Application VGM Group, Inc., 1111 W. San Marnan Drive on June 7, 2010 16. Bonds Ayes: Seven, with Councilperson Getty voting Nay on item 1a3; Councilperson Schmitt abstaining on payment of $3,275.61 to Schmitt Telecom because he owns the business; Councilperson Cole abstaining on item 1b3 because she is married to Mr. Evans; and Councilperson Cole abstaining on item lbl5 because she is employed by VGM Group, Inc. Motion carried. PUBLIC HEARINGS 130798 - Hart/Greenwood that proof of publication of notice of public hearing on the sale and conveyance of a 26,495 sq. ft. portion of city -owned property located at 522 Albany Street to Lola Burt for the full assessed value in the amount of $2,649.50 minus $607.00 for survey costs, as published in the Waterloo Courier on March 26, 2010, be received and placed on file. Ayes: Seven. Motion carried. 130799 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 130800 - Hart/Greenwood that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-215a. 130801 - Schmitt/Welper that proof of publication of notice of public hearing on F.Y. 2010 Street Reconstruction Program, Contract No. 772, as published in the Waterloo Courier on March 23, 2010, be received and placed on file. Ayes: Seven. Motion carried. April 5, 2010 Page 4 130802 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 130803 - Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No. 772", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-216a. 130804 - Schmitt/Welper that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-217a. 130805 - Schmitt/Welper to receive, file and instruct City Clerk to open bids and refer to City Engineer for review: Bidder Bid Bond Division I Total Base Bid + Alt A + Division II Bid Amount Division I Total Base Bid + Alt B + Division II Bid Amount Aspro, Inc. 3613 Texas St. P.O. Box 2620 Waterloo, IA 50704 5% $5,424,582.33 No Bid Ayes: Seven. Motion carried. 130806 - Greenwood/Schmitt that proof of publication of notice of public hearing on F.Y. 2010 Sidewalk Repair Program - Zone 10 and Trail Repairs, Contract No. 779, as published in the Waterloo Courier on March 23, 2010, be received and placed on file. Ayes: Seven. Motion carried. 130807 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 130808 - Greenwood/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Sidewalk Repair Program - Zone 10 and Trail Repairs, Contract No. 779", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-218a. 130809 - Greenwood/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-219a. 130810 - Greenwood/Schmitt to receive, file and instruct City Clerk to open bids and refer to City Engineer for review: • • April 5, 2010 Page 5 Bidder Bid Bond Division 1, 2 & 3 Bid Amounts Total Bid Amount B & B Builders & Supply $65,577.15 5728 Sierra Dr 5% $38,279.00 $111,415.90 Waterloo, IA 50701 $7,559.75 Ti -Zack Concrete, Inc. $99,035.60 39352 221St Ave 5% $51,858.90 $164,259.50 Le Center, MN 56057 $13,365.00 Ayes: Seven. Motion carried. 130811 - Welper/Hart that proof of publication of notice of public hearing on Replacement of T -Hangar Doors at Waterloo Regional Airport, as published in the Waterloo Courier on March 23, 2010, be received and placed on file. Ayes: Seven. Motion carried. 130812 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Hart that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 130813 - Welper/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Replacement of T -Hangar Doors at Waterloo Regional Airport", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-220a. 130814 - Welper/Hart that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-221a. 130815 - Welper/Hart to receive, file and instruct City Clerk to open bids and refer to Airport Director for review: Bidder Bid Bond Division 1, 2 & 3 Bid Amounts Total Bid Amount B & B Builders & Supply $65,577.15 5728 Sierra Dr 5% $38,279.00 $111,415.90 Waterloo, IA 50701 $7,559.75 Ti -Zack Concrete, Inc. $99,035.60 39352 221st Ave 5% $51,858.90 $164,259.50 Le Center, MN 56057 $13,365.00 Ayes: Seven. Motion carried. RESOLUTIONS 130816 - Hart/Greenwood that "Resolution approving recommendation for hotel/motel mini -grant award (FY10) in the amount of $1,300.00 to the Delta Kappa Gamma Society International for the Delta Kappa Gamma Upsilon State Convention in Waterloo on June 11-13, 2010", be received, placed on file and adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-222a. 130817 - Hart/Greenwood that "Resolution approving request to be included in the Iowa Department of Transportation's soliciting of bids for rock salt to be used for the Snow & Ice Control Program for fiscal year 2011", be received, placed on file and adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-223a. April 5, 2010 Page 6 130818 - Hart/Greenwood that "Resolution approving the use of up to $15,000.00 in Tax Increment Financing funds needed for the Dry Run Creek Watershed Sanitary Sewer Evaluation in the San Marnan TIF District", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-224a. 130819 - Getty/Cole that "Resolution approving agreement with Waterloo Water Works for Water Main Replacement in City Contract F.Y. 2010 Street Reconstruction Program, Contract No. 772", be received, placed on file and adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-225a. 130820 - Getty/Cole that "Resolution approving Contract, Bonds amount of $114,550.00 with Iowa Bridge & conjunction with F.Y. 2010 Cedar Prairie 764", be received, placed on file and authorized to execute same. Ayes: Seven. and Certificates of Insurance in the Culvert, L.C. of Washington, Iowa in Trail Bridge Repairs, Contract No. adopted and Mayor and City Clerk Motion carried. Resolution adopted and upon approval by Mayor 130821 - Getty/Cole assigned No. 2010-226a. that "Resolution approving Lease Agreement with Michael Cook to farm approximately 9 acres of land located along Martin Luther King Jr. Drive and City View Neighborhood", be received, placed on file and adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-227a. 130822 - Schmitt/Greenwood that "Resolution approving Contract for the Disaster Recovery Business Rental Assistance Program for Classic Kitchen and Bath at 220 E. 4th Street in the amount of $12,000.00", be received, placed on file and adopted and Mayor authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-228a. 130823 - Schmitt/Greenwood that "Resolution approving Right of Entry Agreement with The National Cattle Congress Inc. for the pump station improvements on the National Cattle Congress Grounds", be received, placed on file and adopted and Mayor authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-229a. 130824 - Schmitt/Greenwood that "Resolution approving Contract Amendment to Contract No. 08-DRMH-046 with Iowa Department of Economic Development to change the award amount to $1,131,672.00", be received, placed on file and adopted and Mayor authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-230a. 130825 - Cole/Hart that "Resolution approving request to submit Grant Applications for State of Iowa Grayfield and Brownfield Tax Credit Applications for the following: Crystal, Econo Foods site, 320-322 East 4th Street, 326-330 East 4th Street, 612- 616 Mulberry Street and designating the City of Waterloo as the local sponsor", be received, placed on file and adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-231a. 130826 - Cole/Hart that "Resolution approving Agreement for Services with Terracon Consultants, Inc. for observation and testing services for the Rath Packing demolition backfill project (93-97 Vinton Street)", be received, placed on file and adopted and Mayor authorized to execute same. • • April 5, 2010 Page 7 Prior to a vote on the above motion, the following comments were heard. Councilperson Schmitt asked if this is recent work being done now or from work done previously. Noel Anderson, Community Planning & Development Director, stated that as part of the original development agreement with Crystal Distributions expansion the city agreed to acquire and demolish 93-97 Vinton Street, which is the former Cooper and maintenance buildings of the Rath Packing Plant. As part of the demolition contract that was let there was one provision in there that the City of Waterloo would obtain its own professional to determine if the compaction was properly done for the site. The demolition did occur and there was compaction. At the time the contractor had their own engineering firm that was overseeing it. That did not get compacted properly so the demolition contractor will go back there and properly compact it. The city is hiring Terracon Consultants to oversee that to make sure it is done properly for the expansion to occur. It is for the demolition that has occurred previously. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-232a, 130827 - Cole/Hart that "Resolution approving recommendation of award of contract in the amount of $120,085.00 to include the original bid of $115,850.00 and a change order in the amount of $4,235.00 to Plumb Tech Inc. of Waterloo, Iowa in conjunction with City of Waterloo Buildings Flood Mitigation Design", be received, placed on file and adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-233a. 130828 - Cole/Hart that "Resolution approving Contract, Bonds and Certificates of Insurance in the amount of $115,850.00 to Plumb Tech Inc. of Waterloo, Iowa in conjunction with City of Waterloo Buildings Flood Mitigation Design", be received, placed on file and adopted and Mayor authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-234a. 130829 - Getty/Cole that "Resolution approving the acquisition of the following properties located in the Highway 63 Expansion Project Area: 1707 Logan, 1711 Logan, 1745 Logan, 1302 Logan, 1232 Logan and 1353 Logan", be adopted. Ayes: Seven. Motion carried. Resolutionadopted and upon approval by Mayor assigned No. 2010-235a. NOTE: Typographical error on 1232 Logan - address should be 1252 Logan. 130830 - Getty/Cole that "Resolution setting date of hearing to review the proposed funding recommendations set forth by the Community Development Board for CDBG and HOME Program funds for the FY2011 Waterloo/Cedar Falls HOME Consortium Consolidated Plan application as April 19, 2010 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-236a. 130831 Cctty/Colo that "Rccolution setting date of hearing to approvc submission of a development plan and Grant Application to the Iowa Departmcnt of Economic Devclopmcnt for CDBG Supplemental Funds for $1,057,453.00 for funding Singlc Family Now Construction Unit Production Round #2 as April 19, 2010 at 5:30 p.m. in the Clcrk instructed to publish notice of oamc. Ayco. Seven. Motion carried. Rccolution adoptcd and upon approval by Mayor aooigncd No. 2010 237a. Resolution adopted was repeated in error **see next page** - Resolution No. 2010-237a was never used April 5, 2010 Page 8 130832 - Greenwood/Schmitt that "Resolution setting date of hearing to approve submission of a development plan and Grant Application to the Iowa Department of Economic Development for CDBG Supplemental Funds for $1,057,453.00 for funding Single -Family New Construction Unit Production - Round #2 as April 19, 2010 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-238a. 130833 - Cole/Hart that "Resolution in support of the Hammond & Ridgeway Avenue right-of-way traffic signal project", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Clark stated that he would like to inform Council and everyone where his intent for this project is. There has been some question as to whether this project should move forward or not. The intent for putting the resolution on the agenda is to affirm or not whether the project should go forward. A yes vote on this item will mean that the next step in the process is a public hearing. If this item does not pass, then the item will be done. Councilperson Welper stated that he is supporting this item. As was mentioned, there was some opposition this evening and is not really clear as to why there is opposition to this project. He thinks it would be great for the City of Waterloo and for those that travel through this area, especially for the people who live there. He would like for this to move forward to a hearing so Council could hear what everyone has to say. Secondly, Council may be shooting themselves in the foot if the city does not go through with this project. With the Ridgeway and La Porte intersection opening up and all of the development out there now, the city has a grant. If the city chooses not to do this and thinks this is going to happen anyway, then the taxpayers will end up paying for this. Councilperson Greenwood supports the project also for safety, accessibility, faster traffic movement, air quality and the design of the intersection would enhance it. This is money that comes from a grant fund that doesn't have Waterloo taxpayers paying for the project specifically. At least get to the public hearing so both sides of the story can be heard. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Getty. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-239. OTHER COUNCIL BUSINESS 130834 - Hart/Getty to instruct Superintendent of Waste Management Services to prepare request for proposal, form of contract, etc. in conjunction with Recycling Services, be received, placed on file and approved. Ayes: Seven. Motion carried. 130835 - Hart/Getty that request for proposal, form of contract, etc. in conjunction with Recycling Services, be received and placed on file. Ayes: Seven. Motion carried. 130836 - Hart/Getty that "Resolution preliminarily approving request for proposal, form of contract, etc. in conjunction with the above described project", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-240. 130837 - Hart/Greenwood that "Resolution setting date of hearing on request for proposal, form of contract, etc. and bid opening as April 19, 2010 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-241. • • April 5, 2010 Page 9 ORAL PRESENTATIONS 130838 - Daniel Trelka, newly appointed Police Chief, stated that he is very excited to come on -board with the City of Waterloo and introduced his wife, Sandy. Tony Kealing, from Detroit, Michigan, stated that he was at home watching the Council meeting and remembers Councilperson Hart when he was a young man. He stated that there is a Revival being held at the Talk Shop Cafe located on East 4th Street on April 8-10, 2010 from 6:00 p.m. to 9:00 p.m. The plan is to assist citizens with rent and utilities. Money has been raised from various individuals that used to live in Waterloo. These past residents still love Waterloo and see a lot of positive things happening. Mayor Clark stated that on Saturday, April 10, 2010 from 9:00 a.m. to 2:00 p.m. there will be a Household Hazardous Materials Drop-off Event held. Residents that have household hazardous materials can take them to the Waste Management Center and drop them off. Hart/Cole that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 130839 - Hart/Cole that the council adjourn to Executive Session at 6:17 p.m. Ayes: Seven. 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) (2009) . EXECUTIVE SESSION 130840 - Hart/Cole that the council adjourn Executive Session at 6:38 p.m. Ayes: Seven. Motion carried. ADJOURNMENT 130841 - Hart/Cole that the Council adjourn at 6:40 p.m. Ayes: Seven. Motion carried. Deputy City Clerk