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HomeMy WebLinkAboutMinutes-01/30/2012January 30, 2012 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, January 30, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Greenwood, Schmitt, Welper, Hart. Absent: Getty. Moment of Silence. Pledge of Allegiance: Suzy Schares, City Clerk. 137318 - Hart/Schmitt that the Agenda, as amended by removing the hearing from item #3, moving item #20 to item #4, and changing the wording on item #20 to reflect approval of 2 cooperative agreements, for the Regular Session on Monday, January 30, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 137319 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 23, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Getty. Motion carried. CONSENT AGENDA 137320 - 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. 1-79, datad January 30, 2012, in the amount of $3,167,936.91, 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. 2012-69. 2. Cancellation of assessments for 3071 Hammond Avenue; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation -Submitted by Suzy Schares, City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2012-70. 3. Amendment of assessment for 840 Newton Street; and authorize City Clerk to notify Black Hawk County Treasurer of said amendment -Submitted by Suzy Schares, City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2012-71. 4. Amendment of assessment for 853 Riehl Street; and authorize City Clerk to notify Black Hawk County Treasurer of said amendment -Submitted by Suzy Schares, City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2012-72. 5. Request of Leer's Cycle Center for tax exemptions on improvements totaling $500,000.00 for property located at 101 Fletcher Avenue and located in the Consolidated Urban Revitalization Area -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-73. 6. Request of Kerry Merrifield for tax exemptions on improvements totaling $180,000.00 for property located at 5832 Summerland Drive and located in the City Limits Urban Revitalization Area -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-74. 7. Request of Brad Meyer for tax exemptions on improvements totaling $180,000.00 for property located at 3635 Ranchero Road and located in the City Limits Urban Revitalization Area -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-75. January 30, 2012 Page 2 8. Request of Evy Juniati for tax exemptions on improvements totaling $196,907.00 for property located at 952 Lisa Drive and located in the City Limits Urban Revitalization Area -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-76. 9. Request of Vicki Sherwood for tax exemptions on improvements totaling $6,000.00 for property located at 320 Madison Street and located in the Consolidated Urban Revitalization Area -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-77. 10. Request of Darryl D. Dhein for tax exemptions on improvements totaling $13,038.00 for property located at 1146 Newton Street and located in the Consolidated Urban Revitalization Area -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-78. 11. Request of Iowa Habitat for Humanity for tax exemptions on improvements totaling $80,000.00 for property located at 610 South View Street and located in the Consolidated Urban Revitalization Area -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-79. 12. Request of Sherry Borwig for tax exemptions on improvements totaling $10,000.00 for property located at 1120 W. Donald Street and located in the Consolidated Urban Revitalization Area -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-80. 13. Request of Allen Glass Company Inc. for tax exemptions on improvements totaling $100,000.00 for property located at 306 W. 5th Street and located in the Consolidated Urban Revitalization Area -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-81. b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Sergeant McClelland; Officer Erie; and Investigator Gergen International Law Enforcement Educators and Trainers Association Wheeling, Illinois April 16- 20, 2012 $2,267.00 Waterloo Fire Rescue Personnel Fire Command Training Leadership Waterloo, Iowa November 27, 2012 $500.00 Dennis Gentz, Assistant City Engineer 48th Annual Concrete Paving Workshop Des Moines, Iowa February 1-3, 2012 $360.00 Greg Ahlhelm, Plans Examiner Plan Review Institute Myrtle Beach, South Carolina April 20- 30, 2012 $1,970.00 5. Recommendation of appointment of Erica Christiansen to the position of Medical Services Specialist, effective February 13, 2012 -Submitted by Pat Treloar, Chief of Fire Services Class C Beer License Permit Application 6. Hy -Vee Food Store #1, 2834 Ansborough Avenue (Renewal) (Expires 3/23/13) (Includes Sunday Sales) 7. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/13) (Includes Sunday Sales) 8. Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Expires 3/9/13) (Includes Sunday Sales) January 30, 2012 Class C Liquor License Permit Application 9. Galleria DePaco & Coffee Shop, 622 Commercial 12/19/12) 10.Packers Inn, 201 Rath Street (Renewal) (Expires Sales) Class E Liquor License Permit Application 11.Hy-Vee Food Store #1, 2834 Ansborough Avenue (Includes Sunday Sales) 12.Hy-Vee Food Store #2, 2181 Logan Avenue (Includes Sunday Sales) 13.Hometown Foods, 1010 E. Mitchell Avenue (Includes Sunday Sales) Class B Wine License Permit Application 14.Hy-Vee Food Store #1, 2834 'Ansborough Avenue (Includes Sunday Sales) 15.Hy-Vee Food Store #2, 2181 Logan Avenue (Includes Sunday Sales) 16.Hometown Foods, 1010 E. Mitchell Avenue (Includes Sunday Sales) Outdoor Service Area Application 17.Packers Inn, 201 Rath Street Page 3 Street (Renewal) (Expires 2/27/13) (Includes Sunday (Renewal) (Expires 3/23/13) (Renewal) (Expires 3/23/13) (Renewal) (Expires 3/9/13) (Renewal) (Expires 3/23/13) (Renewal) (Expires 3/23/13) (Renewal) (Expires 3/9/13) Fireworks Display Application 18.National Cattle Congress, 257 Ansborough Avenue on February 3, 2012 from 9:15 p.m. to 11:30 p.m. (McElroy Event - Hairball Concert) Roll call vote -Ayes: Six. Absent: Getty. Motion carried. Mr. Schmitt abstained on bills payment to Schmitt Telecom and item #13. PUBLIC HEARINGS 137321 - Schmitt/Welper that proof of publication of Services Request for Proposals Sycamore Street and 626 West 9th January 24, 2012, be received Absent: Getty. Motion carried. notice of public hearing on Asbestos Survey for the following properties: 820 and 910 Street, as published in the Waterloo Courier on and placed on file. Voice vote -Ayes: Six. 137322 - This being the time and place of public hearing, the Mayor called for written and oral objection and there were none. Schmitt/Welper that the hearing be closed. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 137323 - Schmitt/Welper that "Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626 West 9th Street", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-82. 137324 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626 West 9th Street", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-83. January 30, 2012 137325 - Schmitt/Welper Page 4 to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder Bid Bond Bid Amount Alternate ATC Associates Inc. 223 E. 4th Street, Suite D Waterloo, Iowa 50703 5% $3,350.00 $600.00 Hawkeye Environmental LLC 814 Wood Lily Road Solon, Iowa 52333 $200.00 $2,600.00 $935.00 Terracon 6612 Chancellor Drive, Suite 102 Cedar Falls, Iowa 50613 5% $6,850.00 $2,365.00 Voice vote -Ayes:. Six. Absent: Getty. Motion carried. 137326 - Hart/Welper that "Resolution approving the Acceptance of Acknowledgment/Settlement Agreement in the amount of $1,500.00 with Corks Grocery of 1956 Lafayette Street, for the sale of tobacco, tobacco products or cigarettes to persons under 18 years of age in conjunction with Second violation of Waterloo Code of Ordinance, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age -Submitted by David R. Zellhoefer, Assistant City Attorney", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-84. RESOLUTIONS 137327 - Greenwood/Schmitt that "Resolution approving Development Agreement with the Cedar Valley TechWorks, Inc. and FDP WTC, LLC for the redevelopment at the TechWorks campus; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-85. 137328 - Greenwood/Schmitt that "Resolution approving Supplemental Agreement No. 1 with AECOM (fka Earth Tech) at a cost of $14,000.00 for engineering and construction services for Rehabilitation of Runway Lighting Vault project at Waterloo Regional Airport; and authorize Mayor to execute said document -Submitted by Bradley Hagen, Airport Director", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-86. 137329 - Greenwood/Schmitt that "Resolution approving Certificate of Substantial Completion with Failor Hurley Construction Corporation of Hudson, Iowa in the amount of $218,246.00 in conjunction with 2011 Public Market Interior Development; and authorize Mayor to execute said document -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-87. 137330 - Schmitt/Cole that "Resolution approving submission of grant application to Waterloo Convention & Visitors Bureau Event/Capital Project in the amount of $18,000.00, with a 50 percent city match, to be used for the purchase of wrestling mats at Young Arena; and authorize Mayor to execute said document -Submitted by Chris Dolan, Young Arena Manager", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-88. January 30, 2012 137331 - Schmitt/Cole • Page 5 that "Resolution approving recommendation of award of bid to Vermeer Sales and Service of Pella, Iowa in the amount of $175,000.00, with an agreement of 6 months rental at $20,000.00 and a purchase price after 6 months of $55,000.00 for the Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder; an approval of said Rental/Purchase Agreement; and authorize Mayor and City Clerk to execute said document -Submitted by Larry N. Smith, Waste Management Services Superintendent", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-89. 137332 - Schmitt/Cole that "Resolution rescinding Resolution No. 2012-26 in its entirety; and Motion approving replacing Change Order No. 5 (Revised) for a net increase of $169,889.60 for work performed by Aspro, Inc. of Waterloo, Iowa in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No. 772 -Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-90. 137333 - Welper/Schmitt that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa at a total cost of $5,603,560.63 in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No. 772; and receive and file two-year Maintenance Bond -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-91. 137334 - Welper/Schmitt that "Resolution rescinding Resolution No. 2012-27 in its entirety; and Motion approving replacing Change Order No. 1 (Revised) for a net decrease of $175,219.38 for work performed by B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2012 Sidewalk Repair Program - Zone 1, Contract No. 811 - Submitted by Wayne Castle, PLS, EI, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-92. 137335 - Welper/Schmitt that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a total cost of $130,424.23 in conjunction with F.Y. 2012 Sidewalk Repair Program - Zone 1, Contract No. 811; and receive and file two-year Maintenance Bond - Submitted by Eric Thorson, P.E., City Engineer", be adopted. Roll call vote - Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-93. 137336 - Cole/Welper that Change Order No. 5 for a net increase of $34,615.00 for work performed by Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2010 Cedar River Water Trail, Contract No. 734 -Submitted by Jamie Knutson, P.E., Associate Engineer, be received, placed on file and approved. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 137337 - Cole/Welper that "Resolution approving Metropolitan Coalition Agreement with several other cities in an effort to work collaboratively with the Iowa League of Cities to enhance communication and to advance common interests in legislative matters; and authorize Mayor and City Clerk to execute said document -Submitted by Mayor Buck Clark", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-94. January 30, 2012 Page 6 137338 - Cole/Welper that "Resolution approving Development Agreement with Dolly James LLC for the construction of 6 multi -story condominium buildings in Downtown Waterloo, with a rise in taxable value of over $6 million and 100% tax rebates for 10 years; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-95. 137339 - Schmitt/Welper that "Resolution approving Real Estate Sale Contract with Iowa Community Credit Union, f/k/a Watel Credit Union, for the acquisition of 320 West 2nd Street in the amount of $814,060.00, with up to $60,000.00 in city environmental, temporary location, and closing costs; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-96. 137340 - Schmitt/Welper that "Resolution approving amendment to the original Development Agreement with Cedar Skyline Corporation, LLC from April 30, 1996, to forgive loan and release and discharge mortgage, and placing a Minimum Assessment Agreement on property at $206,260.00 for 5 years; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-97. 137341 - Schmitt/Welper that "Resolution setting date of hearing as February 13, 2012 to approve sale and conveyance of a portion of 218 West Mullan Avenue "excess land" to Iowa Community Credit Union, f/k/a Watel Credit Union for $50,000.00; and instruct City Clerk to publish said notice -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-98. 137342 - Schmitt/Welper that "Resolution setting date of hearing as February 13, 2012 to approve Development Agreement with Iowa Community Credit Union, f/k/a Watel Credit Union to convey property located at the northwest corner of Jefferson and West Mullan Avenue to Iowa Community Credit Union, f/k/a Watel Credit Union for the construction of a 2,500 sq. ft. bank building; and instruct City Clerk to publish said notice -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-99. 137343 - Welper/Schmitt that "Resolution approving two cooperative agreements with the US Environment Protection Agency (EPA): one for the Waterloo Hazardous Substance Assessments in the amount of $200,000.00; and one for Brownfields Petroleum Assessments in the amount of $200,000.00; and authorize Mayor and City Clerk to execute said documents -Submitted by Christopher W. Western, City Planner II", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-100. ORDINANCES 137344 - Hart/Welper that "an Ordinance amending the Waterloo City Code, specifically Ordinance No. 4261, by adding to 8 -3A -2A3 in conjunction with Sewer Regulation User Charges and Fees Ordinance Change", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Absent: Getty. Motion carried. January 30, 2012 137345 - Hart/Welper Page 7 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Absent: Getty. Motion carried. 137346 - Hart/Welper that "an Ordinance amending the Waterloo City Code, specifically Ordinance No. 4261, by adding to 8 -3A -2A3 in conjunction with Sewer Regulation User Charges and Fees Ordinance Change", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor assigned No. 5091. 137347 - Hart/Welper that "Resolution approving the establishment of sewer rates at the same rate as Waterloo's residential sewer rate for all participating governmental bodies signatory to an agreement with the City of Waterloo -Submitted by Larry N. Smith, Waste Management Services Superintendent", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-101. OTHER COUNCIL BUSINESS 137348 - Cole/Hart to instruct Waste Management Services Superintendent to prepare Request for Proposals, form of contract, etc. in conjunction with Request for Proposals for Security Services at Waste Management Services, be approved. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 137349 - Cole/Hart that Request for Proposals, form of contract, etc. in conjunction with Request for Proposals for Security Services at Waste Management Services, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 137350 - Cole/Hart that "Resolution preliminarily approving Request for Proposals, form of contract, etc. in conjunction with Request for Proposals for Security Services at Waste Management Services", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-102. 137351 - Cole/Hart that "Resolution setting date of hearing and bid opening as February 27, 2012; and instruct City Clerk to publish notice of Request for Proposals, form of contract, etc. in conjunction with Request for Proposals for Security Services at Waste Management Services",be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-103. 137352 - Schmitt/Greenwood to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2012 Sullivan Park Shelter Project, be approved. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 137353 - Schmitt/Greenwood that plans, specifications, form of contract, etc. in conjunction with 2012 Sullivan Park Shelter Project, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 137354 - Schmitt/Greenwood that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with 2012 Sullivan Park Shelter Project", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-104. January 30, 2012 Page 8 137355 - Schmitt/Greenwood that "Resolution setting date of hearing and bid opening as February 20, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with 2012 Sullivan Park Shelter Project", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-105. 137356 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784, be approved. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 137357 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 137358 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-106. 137359 - Hart/Welper that "Resolution setting date of hearing as February 20, 2012; and instruct City Clerk to publish said notice of public hearing (Bids will be let by Iowa Dept of Transportation on February 21, 2012) in conjunction with F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-107. ORAL PRESENTATIONS Jerry Shatzer, 1829 W. 7th Street, expressed concern with a councilmember's absence from Council meetings. He asked that Council set a rule to remove Council members if they are absence from more than 4 meetings. He expressed concern with vacant stores outside of the downtown area. Lawrence Wheeler, 433 Bratnober Street, expressed concern with the recycling bins not being emptied often enough, causing trash to be left outside of the bins. He expressed concern with criminal activity in his neighborhood. Don Miller, 707 Stone Quarry Road, expressed concern with the process and the price for the credit union being acquired. Noel Anderson, Community Development Director, explained that two appraisals were conducted on the property before agreeing on a price. Jim Walsh, City Attorney, explained that the State Legislature has removed the right of the City to condemn the property. The 30% is a federal law that requires the City to pay to relocate the property. Mr. Hart noted his disagreement of racial comments made during oral presentations. 137360 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. January 30, 2012 Page 9 137361 - Hart/Schmitt that the council adjourn to Executive Session at 6:07 p.m. Roll call vote -Ayes: Six. Absent: Getty. Motion carried. City Attorney Jim Walsh stated that discussion of strategy in matters in litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2011). EXECUTIVE SESSION 137362 - Hart/Schmitt that the council adjourn Executive Session at 6:21 p.m. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 137363 - Hart/Schmitt To proceed. Voice vote -Ayes: Six. Absent: Getty. Motion carried. ADJOURNMENT 137364 - Hart/Schmitt that the Council adjourn at 6:21 Motion carried. p.m. Voice vote -Ayes: Six. Absent: Getty. A Suzy S a est City Cler