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HomeMy WebLinkAboutMinutes-10/04/2010• • October 4, 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, October 4, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance lead by Boy Scout Troop 2—Westminster Presbyterian Church: Jacob McKnight; Eric Gleiter; Cole Troester; Dakota Nichols; Alex Capelle; James Ritter; Donovan Martin; and Noah Mauer. 135373 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 4, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 135374 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, September 27, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring October 3-9, 2010 as Fire Prevention Week and presented it to Fire Chief, Doug Carter. Mayor Clark recognized the October Team Member of the Month, Craig Clark. CONSENT AGENDA 135375 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Schedule AP642, pp. 1-73, dated October 4, 2010, in the amount of $1,239,051.06, 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. 2010-893. 2. Request of Paulo Troiano for a concrete driveway to be located at 3539 Logan Avenue, together with recommendation of approval of City Engineer - Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2010-894. 3. Request of Dan beery for an asphalt driveway to be located at 4059 Alexandra Drive, together with recommendation of approval of City Engineer -Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2010-895. 4. Resolution approving the cancellation of assessments for 915 Lafayette Street -Submitted by Suzy Schares, City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2010-896. 5. 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 -Submitted by Dennis Clark, General Manager of Waterloo Water Works: Address Amount to certify 915 Bertch Avenue 320 Monroe Street 1718 Sager Avenue 2756 East 4th Street 430 Belmont Avenue $2,881.00 $4,673.07 ........................................................ $1,708.00 $2,200.00 $2,800.00 Resolution adopted and upon approval by Mayor assigned No. 2010-897. October 4, 2010 Page 2 b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Pat Treloar, Fire Captain CMD/CNTL FD Oper At Target Hazards Emmitsburg, Maryland February 13-18, 2011 $130.48 Maria Zerbe Norton, Exhibit Speaker Karl Zerbe Exhibition Reception and Gallery Talk Sarasota, Florida to Waterloo, Iowa October 27-29, 2010 $765.00 Officer Stacy Bogle White Collar Crime Center, Intermediate Data Recovery and Acquisition training Defiance, Missouri November 1-5, 2010 $838.00 4. Recommendation of appointment of Laura Wolff to the position of Clerk I, effective October 12, 2010. Submitted by Larry N. Smith, Superintendent of Waste Management Services 5. Recommendation of appointment of Danielle Rohret to the position of Project Specialist, effective October 5, 2010. Submitted by Noel Anderson, Community Planning & Development Director Beer License Permit Application Class C 6. Kum & Go #211, 1976 Franklin Street (Renewal) (Expires 11/2/2011) (Includes Sunday Sales) 7. Aldi, Inc. #33, 1918 Schukei Road (Renewal) (Expires 11/3/2011) (Includes Sunday Sales) 8. Fareway Stores Inc. #951, 40 W. San Marnan Drive (Renewal) (Expires 11/15/2011) (Includes Sunday Sales) Liquor License Permit Application Class C 9. Rudy's Tacos, 2401 Falls Avenue (Renewal) (Expires 9/27/2011) 10. Honey Garden Family Restaurant, 826 LaPorte Road (New) (Expires 9/15/2011) (Includes Sunday Sales) Liquor License Permit Application Class E 11. Fareway Stores Inc. #951, 40 W. San Marnan Drive (Renewal) (Expires 11/15/2011) (Includes Sunday Sales) Wine License Permit Application Class B 12. Aldi, Inc. #33, 1918 Schukei Road (Renewal) (Expires 11/3/2011) (Includes Sunday Sales) 13. Fareway Stores Inc. #951, 40 W. San Marnan Drive (Renewal) (Expires 11/15/2011) (Includes Sunday Sales) Ayes: Seven. Motion carried. Mr. Schmitt abstained from voting on the Boland Recreation payment for $32,367.00, as it is owned by a family member. Mayor Clark recognized the new Waste Management employee Laura Wolf. PUBLIC HEARINGS 135376 - Getty/Cole that proof of publication of notice of public hearing on Cedar River/Exchange Rubberized Surface, as published in the Waterloo Courier on September 24, 2010, be received and placed on file. Ayes: Seven. Motion carried. 135377 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Cole that the hearing be closed. Ayes: Seven. Motion carried. • • • • October 4, 2010 135378 - Getty/Cole Page 3 that "Resolution confirming approval of Request for Proposal, specifications, etc. in conjunction with Cedar River/Exchange Rubberized Surface", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-898. 135379 - Getty/Cole that "Resolution authorizing to proceed in conjunction with Cedar River/Exchange Rubberized Surface", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-899. 135380 - Getty/Cole to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Amount All Inclusive Rec PO Box 932 Monroe, IA 50170 $78,377.85 Boland Recreation 2347 Oak Park Road Marshalltown, IA 50158 $93,500.00 Paul Huting, Leisure Service Director, explained that this is surfacing that will placed under the play structures in a flood zone in Cedar River Park. The idea is to replace the wood chips that can continually float down the river with a surface that's semi-permanent. If anyone is familiar with Lafayette Park its just like that. They are large rubberized tiles that go in on top of concrete. Ayes: Seven. Motion carried. 135381 - Hart/Greenwood that proof of publication of notice of public hearing on Request of Pat's Auto Salvage to vacate, sell and convey approximately 2.48 acres of city right-of-way portions of Lowell Street and alleys near Mitchell Avenue at a cost of $3,375.60 plus any additional costs, subject to the retention of a utility easement over, under, and upon the portion as needed, as published in the Waterloo Courier on September 24, 2010, be received and placed on file. Ayes: Seven. Motion carried. 135382 - 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 continued until Oct. 18, 2010. Ayes: Seven. Motion carried. 135383 - Schmitt/Welper that proof of publication of notice of public hearing on Development Agreement with Howard L. Allen Investments Inc. for a new $1,034,470.00 building to be constructed in MidPort Industrial and Business Park for $1.00 and offer 5 years at 50 percent tax rebates, as published in the Waterloo Courier on September 27, 2010, be received and placed on file. Ayes: Seven. Motion carried. 135384 - 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. Ayes: Seven. Motion carried. 135385 - Schmitt/Welper that "Resolution approving said development agreement", be adopted. Ayes: Seven. October 4, 2010 Page 4 Resolution adopted and upon approval by Mayor assigned No. 2010-900. RESOLUTIONS 135386 - Greenwood/Welper that "Resolution approving Contract Economic Development New Construction amount to $2,094,683.00, and authorize by Rudy D. Jones, Community Development Amendment No. 2 to Iowa Contract 08-DRH-211 to Mayor to execute said DirectoJr", be adopted. Department of increase the award document -Submitted Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-901. 135387 - Greenwood/Welper that "Resolution approving recommendation of award of bid to Witham Auto Center of Waterloo, Iowa for the Purchase of Two (2) 2011 4.1 Ton, 4 -Wheel Drive Pickups with Aluminum Dump Boxes in the amount of $95,500.00 -Submitted by Mark Rice, Superintendent of Central Garage", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-902. 135388 - Greenwood/Welper that "Resolution approving recommendation of award of bid to Witham Auto of Waterloo, Iowa for the Purchase of One (1) 2011 41 Ton, 4 -Wheel Drive with Service Body in the amount of $44,569.00 -Submitted by Mark Superintendent of Central Garage", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-903. 135389 - Schmitt/Greenwood Center Pickup Rice, that "Resolution approving the use of a portion of the East Park Avenue City lot for temporary access to Cedar River Housing; and for temporary closure of a portion of East Third Street, a small portion of West Third Street, and a portion of west Bus Lane, in conjunction with the construction of the Third Street River Crossing -Submitted by Dennis Clark, Waterloo Water Works General Manager", be adopted. Ayes: Seven. Councilperson Greenwood, what's the time line of that construction project? Dennis Clark, Waterloo Water Works General Manager, we are accepting bids on October 25, 2010. And assuming they are within budget we are anticipating the contractor if weather prevails then he should be able to do this as winter construction. Which then in the spring there will be additional tie in works so we'd like to be done by June 30, 2011. Resolution adopted and upon approval by Mayor assigned No. 2010-904. 135390 - Schmitt/Greenwood that "Resolution approving award of contract to Blackhawk Electrical Company of Waterloo, Iowa in the amount of $73,508.00 in conjunction with the Riverfront Stadium Field Lighting Upgrade -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-905. 135391 - Schmitt/Greenwood that "Resolution approving Contract for the Disaster Recovery Business Rental Assistance Program for Eye of the Needle (L.O.F.T.) at 607 Sycamore Street, in the amount of $1,500.00, and authorize Mayor to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-906. 135392 - Schmitt/Greenwood that "Resolution approving Contract for the Disaster Recovery Business Rental Assistance Program for ISM, LLC at 1309 Lafayette Street, in the amount of $24,750.00, and authorize Mayor to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-907. 135393 - Hart/Schmitt • • • • • October 4, 2010 Page 5 that "Resolution approving First Amendment to Contract for Legal Services with Clark, Butler, Walsh & Hamann in conjunction with the Hazard Mitigation Grant Program, and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-908. 135394 - Hart/Schmitt that "Resolution approving the Conditional Purchase Offer with James R. Hackett, 180 Sans Souci Drive, $183,400.00 in conjunction with the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-909. 135395 - Hart/Schmitt that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Stickfort Construction of Cedar Falls, Iowa at a total cost of $159,123.35 in conjunction with F.Y. 2010 ADA Accessibility Plan - University Avenue and Greenhill Road -Submitted by Debra Anderson, Building Official/Maintenance Administrator", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-910. OTHER COUNCIL BUSINESS 135396 - Welper/Hart that Change Order No. 3 for a net decrease of $4,284.00 for work performed by Iowa Bridge & Culvert LC of Washington, Iowa in conjunction with F.Y. 2010 Cedar Prairie Trail Bridge Repairs, Contract No. 764 -Submitted by Jamie Knutson, P.E. Associate Engineer, be received, placed on file and approved. Ayes: Seven. Motion carried. 135397 - Welper/Hart that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Iowa Bridge & Culvert LC of Washington, Iowa at a total cost of $173,904.80 in conjunction with F.Y. 2010 Cedar Prairie Trail Bridge Repairs, Contract No. 764, and receive and file two-year maintenance bond -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-911. 135398 - Getty/Hart to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Carnegie Annex Parking Lot Repair, Contract No. 800, be received, placed on file and approved. Ayes: Seven. Motion carried. 135399 - Getty/Hart that plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Carnegie Annex Parking Lot Repair, Contract No. 800, be received and placed on file. Ayes: Seven. Motion carried. 135400 - Getty/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Carnegie Annex Parking Lot Repair, Contract No. 800", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-912. 135401 - Getty/Hart that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as October 18, 2010 at 5:30 p.m. in the City Hall Council Chambers on the F.Y. 2011 Carnegie Annex Parking Lot Repair, Contract No. 800", be adopted and City Clerk instructed to publish notice of same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-913. 135402 - Getty/Hart October 4, 2010 Page 6 to instruct Fire Chief to prepare specifications, bid document, etc. in conjunction with Ambulance Software -Electronic Care Reporting System, be received, placed on file and approved. Ayes: Seven. Motion carried. 135403 - Getty/Hart that specifications, bid document, etc. in conjunction with Ambulance Software - Electronic Care Reporting System, be received and placed on file. Ayes: Seven. Motion carried. 135404 - Getty/Hart that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Ambulance Software -Electronic Care Reporting System", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-914. 135405 - Getty/Hart that "Resolution setting date of hearing on specifications, bid document, etc. and taking of bids as October 25, 2010 at 5:30 p.m. in the City Hall Council Chambers on the Ambulance Software -Electronic Care Reporting System", be adopted and City Clerk instructed to publish notice of same", be adopted. Ayes: Seven. Councilperson Greenwood, I had people ask me at how the Black Hawk County Gaming Commission helps lower our property tax as well. On this item here I think they have funded that request for us to streamline our capabilities of billing our ambulance calls electronically which will speed up the processing of our claims and get us our money faster. So the majority of that is being funded by the Black Hawk County Gaming. Mayor Clark, thank you and I think that is to the tune of $70,000.00 and there's a lot of conversation and confusion I think about tax relief versus tax reduction. This certainly falls within the heading of tax relief. We would have had to do this. We would have had to pay for it out of the general fund. Its an item for $75,000.00 that is now being funded from gaming which we are very fortunate to have. Resolution adopted and upon approval by Mayor assigned No. 2010-915. ORAL PRESENTATIONS 135406 - Ryan Madison, 650 Dawson Street, first of all let me go on the record by saying how discussed at three of you guys that I am. Mr. Clark for you to call me and give me a half excuse about people not coming out speaking when I personally spoke to you, Mr. Hart, Mr. Getty on the neighborhood stance prior to last Monday on the New World Lounge Liquor License. I am sure last time when our petition went unheard and ignored. The people of our community said why would you listen now. Mr. Getty how often do you get out and walk and talk to your constituents? I'm starting to believe that when they tell me when I walk in that this city, this council give two flying middle fingers about our neighborhoods and the people in our community. Its like you guys got a check list working to work against what we are thriving to do. Criteria one, must reek havoc on mayhem. Three shootings in less than a month. I don't want to point any fingers but when New World was on Sumner there was a vast amount of shootings and fights. Now that they've moved to Broadway that has halted and now more shootings then fightings over there by Broadway. Criteria two, must not provide but destroy jobs and development opportunities. Kwik Star just spent hundreds of thousands of dollars developing that new store. More than they have done to any Kwik Star in Waterloo, Iowa. Why not play off of that growth and that development and deny something that's causing problems in our area and put a real restaurant in there? Criteria three, must keep the Courier busy with bad press. That right there speaks alone, itself alone. So I'm not going to comment. I'm sorry I did not come here to hold your hand or send someone down here to speak on our behalf to say we don't want them in our neighborhood. New World Lounge is nothing more than a bar working under the cloak of a restaurant. Anyone with a elementary education could tell you that. And I'm sure if you guys were to done an audit correctly it would have said the same thing. The respectful thing would have been to do was to put that table that. And wait till that investigation of that last shooting was done to see what really happened. You guys didn't even do that. You didn't give our neighborhood an opportunity. And like I said I want to go again to say how disgusted I am. Very disgusted. Frieda Weems, first I'd like to get a point of clarification if I could then maybe the attorney Walsh could help some. Is there a city ordinance or law that • • • • October 4, 2010 Page 7 specifically sets time constraints on oral presentations for City Council meetings? Mayor Clark, there is no city ordinance. There is a council policy and procedure. There is no ordinance, no. Ms. Weems, and then okay. That's written. That's not a document thing, that's just an acceptance policy? Mayor Clark, yes. Ms. Weems, it's a written policy? Mayor Clark, yes. Ms. Weems, and I want to also before getting started I want to note that there are other people who want to speak and do oral presentations so in the past especially in the absence of Mr. Hart the council has abruptly entertained motions in a meeting to end the meeting. Not just the oral presentation but to end the meetings. And abruptly walk out with no vote. And if that is to happen again tonight. You should entertain that such a motion but should you do that an violate the publics right to be heard I am asking that you handle that motion in the same manner that you handle other motions. Calling for a second and then calling for a council vote. So at least its reflecting the minutes who vote according to that. Mayor Clark, Ms. Weems I'm going to ask you to respect our policy that everyone else does and to limit your comments to three minutes. And while I go over that routinely by a minute or two I am not going to go over that with you. You have three minutes to speak. And I would appreciate it if you would adhere to that policy and respect the dignity of this proceeding. Ms. Weems, and you will respect me being here giving oral presentations. Two weeks ago Mr. Clark you stated that you had conducted an independent investigation in the matters of the appointments of Human Rights Commissioners. The Waterloo Human Rights Director, Robert Stringer and Human Rights employee Rebecca Johnson. The requested audited information regarding Waterloo Human Rights 2008 and 2009 complaints. And the negative e-mail transmittal from Councilperson Cole's VGM e-mail address to the Waterloo Human Rights Director Abraham Funchess city e-mail address and later copied and provided to commissioners. This investigation was also to provide policies and procedures regarding the aforementioned matters. Last week we requested the findings from the independent investigation and you stated that the findings were on file with the City Clerk's office. On Tuesday, September 28, 2010 I went and got a copy of the investigative, supposedly the investigative findings and I was only given a letter of not quite a page in a half letter from your office. Which basically summarized your support for Abraham Funchess. Today we are still requesting the findings from that independent investigation. Mayor Clark, I have that in investigative form. Ms. Weems, can I finish first and then you can provide the documents to me? Thank you okay. Mayor Clark, now you may go ahead. Ms. Weems, okay. So today we are still asking for those findings and you stated that the city had conducted and concluded those that investigation. In addition to these findings we want written confirmation also that the of the investigation and the name of that independent body that you used for that investigation. Also we request the process for bringing the nominations to the city council for approval. And the time frame for public notification of the nomination and the procedures, Please note that in the written confirmation that we're requesting that if those guidelines were followed regarding the nomination process on September 7, 2010 when you gave the vote to the four nominees for the commissioner's position. Also, we are requesting finally we are requesting in writing the city's position on the conflict of interest that appears to be existing with the city attorney, Jim Walsh and Councilperson Carolyn Cole regarding these investigations we are requesting from the city. Mayor Clark, my findings are in front of you Ms. Weems. And with that document which is in the form of an investigation and the formal reply you have my final reply regarding your requests for an investigation. The investigation was done by myself. Ms. Weems, you said this was the findings and now your saying that this is the findings? Mayor Clark, it's the same thing in a different form. October 4, 2010 Page 8 Ms. Weems, no it's not the same thing. They are different; they are not the same thing. Mayor Clark, let me finish please. This is our final conversation about this. If you would like to have an investigation by an independent agency of any kind you are more than welcome to do so. Ms. Weems, no you said you did it. I'm asking you for what you said you had done. Mayor Clark, I did an investigation and you have the reply. Ms. Weems, you said this was on file last week. This was the investigation. This in on record. Now you are presenting this to me today saying that this is actually the finding? Mayor Clark, it's the same thing. Ms. Weems, it is not the same thing. We are looking at a page and a half of a letter. Would you like to see it? Would you like to see what I got? Because maybe the City Clerk has something wrong. Is that a possibility? Mayor Clark, okay we are done. Ms. Weems, we are not done. We need clarification on this. Mayor Clark, you have a minute and a half Ms. Weems and then you are going to be done. Ms. Weems, why don't you go to the next person who also has the same questions answered. These are not the same. You are just giving this to me now. If this what was on file or was this on file? Because then the City Clerk gave me something wrong. Mayor Clark, the information is the same. Ms. Weems, it is not the same. You want me to come forward and give it? Here is a letterhead from your office and here is something that says just the City of Waterloo. They are two different things. So I just want clarification. Is this what we are suppose to, are these the findings? Or are these the findings? Mayor Clark, I am done answering your questions. Ms. Weems, you have to answer. You have to be accountable for your actions. You said you conducted an independent study. I'm asking you to follow up. Is this the study or excuse me is this the findings? Or is this the findings? You said this was on file. You are on record for saying this was on file last week. We went and got it. It's a letter of you summarizing your support for Mr. Funchess and it addresses nothing. And that's why we're here today to request the information that was requested earlier that you said that you would provide. I just want clarification. If you can't do it, fine say that for the record. No problem. But you do have to be accountable for what you say or promise to the public. Mayor Clark, thank you. Is there someone else? Anna Mae Weems, Waterloo, Iowa, I'm here. I think Frieda did a good job for me I couldn't do what she done. I don't know who's daughter she is she done a good job. I'm here to talk about my school East High School. We are having a 75th Homecoming Anniversary and we want it real big. And we are inviting a lot of people. I'm a former Hall of Famer. And our Hall of Famer's this year we got a fine group. And we are having a bonfire, pep rally, parade and big reception, and I think winning game. And we need all of you there. So I'm asking everyone in this city just over the street there to be sure and come to the pep rally. Give these young people your support at the pep rally. I'm saying it one more time, please come to our 75th Homecoming for East High School. That's this Friday. It starts at one o'clock. We've got plenty of food and everything for you. Mayor Clark, and the festivities are going to be at the high school? Ms. Anna Weems, yes. We are inviting the City Hall and I have some invitations here. Every department we want you to come there. And we're going to ask the students to recognize all or our returnees, students and guests. Mayor Clark, very good. Thank you for the information Ms. Weems it's very much appreciated. • • • • October 4, 2010 Page 9 Getty/Hart that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 135407 - Hart/Cole that the council adjourn to Executive Session at 6:06 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 135408 - Cole/Greenwood that the council adjourn Executive Session at 6:48 carried. p.m. Ayes: Seven. Motion 135409 - Cole/Greenwood to proceed with acquisition. Ayes: Seven. Motion carried. ADJOURNMENT 135410 - Greenwood/Getty that the Council adjourn at 6:49 p.m. Ayes: Seven. Motion carried. City Clerk