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HomeMy WebLinkAboutMinutes-11/05/2012November 5, 2012 Trip 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, November 5, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Greenwood, Schmitt, Welper, Hart. Absent: Jones. Moment of Silence. Pledge of Allegiance: Abraham Funchess, Human Rights Director. 140065 - Hart/Schmitt that the Agenda, as amended by adding a memorandum of understanding to item #4, for the Regular Session on Monday, November 5, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140066 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 22„ 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Jones. Motion carried. Mayor Clark read a Proclamation declaring November 2012 as "Pancreatic Cancer Awareness Month". Mayor Clark read a Proclamation declaring November 4-10, 2012 as "National Radiologic Technologist Week". Mayor Clark read a Proclamation declaring November 11-17, 2012 as "Five Sullivan Brothers Week". Mayor Clark presented Leisure Services Youth Football Character Counts Player of the Year Awards to: Liam Hagen and Jaden Keller. Mayor Clark presented Leisure Services Youth Football Character Counts Coach of the Year Awards to: Mike Cooling, Josh Vogt and Chris Evans. Mayor Clark recognized the November 2012 Team Member of the Month - Keith Kearns. CONSENT AGENDA 140067 - 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 Accounts Payable Invoice Report, pp. 1-32, dated November 5, 2012, in the amount of $4,865,939.64, 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. 2012-1062. 2. 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: Resolution adopted and upon approval by Mayor assigned No. 2012-1063. Address Amount to certify 419 Almond Street $2,280.00 1006 Hawthorne Avenue $2,175.00 307 Boston Avenue $2,420.00 1317 Logan Avenue $4,785.00 Resolution adopted and upon approval by Mayor assigned No. 2012-1063. November 5, 2012 b. Motion to approve the following: 1. Page 2 Travel Requests 1 Name & Title of a Personnel o Class/Meeting Destination Date(s) Amount not to Exceed -Aric Schroeder, (City Planner Symposium 21: From Production to Consumption Sioux City, Iowa November 13-14, 2012 $165.00 Beer License Permit Application 2. Tobacco Outlet Plus #500, 1803 LaPorte Road (Renewal) (Expires 10/14/2013) (Includes Sunday Sales) 3. Wal-Mart Supercenter #1496, 1334 Flammang Drive (Renewal) (Expires 9/30/2013) (Includes Sunday Sales) Class C Liquor License Permit Application 4. The Penalty Box, 118 Commercial Street (Renewal) (Expires 9/18/2013) (Includes Sunday Sales) 5. Rudy's Tacos, 2401 Falls Avenue (Renewal) (Expires 9/27/2013) (Includes Sunday Sales & High Proof Brew Pub) 6. Casey's 218 Pub, 4010-4018 University Avenue (Renewal) (Expires 9/30/2013) (Includes Sunday Sales) Class E Liquor License Permit Application 7. Wal-Mart Supercenter #1496, 1334 Flammang Drive (Renewal) (Expires 9/30/2013) (Includes Sunday Sales) Class B Wine License Permit Application 8. Wal-Mart Supercenter #1496, 1334 Flammang Drive (Renewal) (Expires 9/30/2013) (Includes Sunday Sales) Outdoor Service Area Application 9. The Penalty Box, 118 Commercial Street 10.Casey's 218 Pub, 4010-4018 University Avenue 11.Bonds Roll call vote -Ayes: Six. Absent: Jones. Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. PUBLIC HEARINGS 140068 - Schmitt/Welper that proof of publication of notice of public hearing on F.Y. 2013 Blowers Creek Cunette Repairs, Contract No. 845, as published in the Waterloo Courier on October 30, 2012, be received and placed on file. Voice vote -Ayes: Six, Absent: Jones. Motion carried. 140069 - 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. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140070 - Schmitt/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Blowers Creek Cunette Repairs, Contract No. 845", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1064. 140071 - Schmitt/Greenwood that "Resolution ordering construction in conjunction with F.Y. 2013 Blowers Creek Cunette Repairs, Contract No. 845", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1065. November 5, 2012 140072 - Schmitt/Greenwood Page 3 to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review: V Bidder Bid Security Base Bid Amount Alternate #1 Total Bid Amount 'Peterson Contractors Inc. box A 'teinbeck, IA 50669-0155 5% $196,530.19 $54,362.71 $249,076.29 tickfort Construction PO Box 447 Yiudson, IA 50643 5% $176,354.54 $41,392.51 $217,747.04 'Corporation Construction NorDrive in %419 Nordic5% .edar Falls, IA 50613 $239,506.73 $59,546.25 $299,052.98 Ayes: Six. Absent: Jones. Motion carried. 140073 - Hart/Welper that proof of publication of notice of public hearing on Development Agreement with Fischels Holdings LLC for the sale and conveyance of city -owned property for $1.00, generally described as 1114 Jefferson Street and 1116-1118 Jefferson Street, for the purpose of constructing a new 6,300 sq. ft. commercial building with a new taxable value of $180,000.00, as published in the Waterloo Courier on October 30, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140074 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Welper that the hearing be closed. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140075 - Hart/Welper that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Development Agreement with Fischels Holdings LLC for the sale and conveyance of city -owned property for $1.00, generally described as 1114 Jefferson Street and 1116-1118 Jefferson Street, for the purpose of constructing a new 6,300 sq. ft, commercial building with a new taxable value of $180,000.00", be adopted. Roll call vote - Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1066. 140076 - Hart/Welper that "Resolution approving said Development Agreement; and authorize Mayor and City Clerk to execute said document in conjunction with authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1067. 140077 - Greenwood/Schmitt that proof of publication of notice of public hearing on Exchange Agreement and Assignment of Offer to Buy Real Estate and Acceptance between the City of Waterloo and L and H Farms, Ltd for the acquisition of property in Black Hawk County for exchange of property in the San Marnan TIF District in the amount of $333,000.00 for 8.375 acres of land acquired and an Option Exchange Agreement, as published in the Waterloo Courier on October 25, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140078 - 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. Voice vote -Ayes: Six. Absent: Jones. Motion carried. November 5, 2012 Page 4 140079 - Greenwood/Schmitt that "Resolution authorizing said documents; and authorize Mayor and City Clerk to execute any necessary documents in conjunction with Exchange Agreement and Assignment of Offer to Buy Real Estate and Acceptance between the City of Waterloo and L and H Farms, Ltd for the acquisition of property in Black Hawk County for exchange of property in the San Marnan TIF District in the amount of $333,000.00 for 8.375 acres of land acquired and an Option Exchange Agreement", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1068. 140080 - Greenwood/Schmitt that "Resolution approving Memorandum of Agreement regarding prorating of real estate taxes; and authorize Mayor and City Clerk to execute any necessary documents in conjunction with Exchange Agreement and Assignment of Offer to Buy Real Estate and Acceptance between the City of Waterloo and L and H Farms, Ltd for the acquisition of property in Black Hawk County for exchange of property in the San Marnan TIF District in the amount of $333,000.00 for 8.375 acres of land acquired and an Option Exchange Agreement", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1069. 140081 - Schmitt/Welper that proof of publication of notice of public hearing on Riverfront Stadium 5 - Year Lease Renewal Option with Twin Sports Group, Inc./Waterloo Bucks Baseball, as published in the Waterloo Courier on October 30, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140082 - This being the time and place of public hearing, the Mayor called for written and oral objections. Dan Corbin, General Manager Waterloo Bucks, noted that they would be encouraging the local high schools to play at the stadium. Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140083 - Schmitt/Welper that "Resolution authorizing said lease renewal; and authorize Mayor and City Clerk to execute any necessary documents in conjunction with Riverfront Stadium 5 -Year Lease Renewal Option with Twin Sports Group, Inc./Waterloo Bucks Baseball", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1070. 140084 - Getty/Hart that "an Ordinance amending the City Code of Ordinance in Title 1 Administration, Chapter 3 General Penalty, Section 2 Municipal Infraction, and in Title 3, Business and License Regulations, Chapter 2, Liquor Control, Section 11, Penalties, and amending the City of Waterloo Zoning Ordinance No. 5079 in 10-32-2, Violations and Penalties - increasing the civil penalty for violations related to alcohol sales regulations", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Absent: Jones. Motion carried. 140085 - Getty/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Absent: Jones. Motion carried. November 5, 2012 140086 - Getty/Hart Page 5 that "an Ordinance amending the City Code of Ordinance in Title 1 Administration, Chapter 3 General Penalty, Section 2 Municipal Infraction, and in Title 3, Business and License Regulations, Chapter 2, Liquor Control, Section 11, Penalties, and amending the City of Waterloo Zoning Ordinance No. 5079 in 10-32-2, Violations and Penalties - increasing the civil penalty for violations related to alcohol sales regulations", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Absent: Jones. Ordinance adopted and upon approval by Mayor assigned No. 5135. RESOLUTIONS 140087 - Hart/Greenwood that "Resolution approving transfer of the US government owned military surplus 1981 Dodge Peacekeeper to the Newton Police Department -Submitted by Daniel J. Trelka, Director of Safety Services", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1071. 140088 - Hart/Greenwood that "Resolution approving fees for the Cedar Valley SportsPlex for FYE 2014 - Submitted by Mark Gallagher, Leisure Services Sports Manager", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Mr. Schmitt asked for an overview of the fees. Paul Huting, Leisure Services Director, reported that a detailed demographic study was done to determine the feasibility of this project and to create a fee schedule. The schedule is modified slightly due to the delayed opening date and with recommendations from the sports committee. The study compared the rates to surrounding health and wellness facilities and the rates are comparable. This is a one of a kind venue. Based on the projections this will be a self-sustaining facility. Mr. Jones submitted a check to the City for a Sportsplex membership to become the first member. Resolution adopted and upon approval by Mayor assigned No. 2012-1072. 140089 - Hart/Greenwood that "Resolution approving agreement with Iowa Department of Natural Resources for a $200,000.00 REAP Grant with a city match of $10,000.00 for the Riverview Recreation Area Trail Extension; and authorize Mayor to execute said document - Submitted by Paul Huting, Leisure Services Director", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1073. 140090 - Welper/Hart that "Resolution approving Professional Services Agreement with KJWW in the amount of $16,800.00 with reimbursables of $500.00 for project related services for the Five Sullivan Brothers Convention Center Audio/Visual Sound System; and authorize. Mayor to execute said document -Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1074. 140091 - Welper/Hart that Change Order No. 3 for a net decrease of $11,047.94 with Allied Manatts Group, LLC of Charles City, Iowa for the Rehabilitation of Apron Phase 3A at Waterloo Regional Airport -Submitted by Bradley Hagen, Airport Director, be received, placed on file and approved. Voice vote -Ayes: Six. Absent: Jones. Motion carried. November 5, 2012 Page 6 140092 - Welper/Hart that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Allied Manatts Group of Charles City, Iowa at a total cost of $306,286.06 in conjunction with Rehabilitation of Apron Phase 3A at Waterloo Regional Airport -Submitted by Bradley Hagen, Airport Director", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1075. 140093 - Greenwood/Schmitt that "Resolution approving a Contract Amendment to original Contract Number 09- BRN-07, between City of Waterloo and Iowa Economic Development Authority, to extend the timeline of completion for the continuing demolition of the Chamberlain site; and authorize Mayor to execute any necessary documents - Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1076. 140094 - Greenwood/Schmitt that "Resolution rescinding Resolution No. 2012-976; and approving a new Second Amendment to Development Agreement with Crystal Distribution Services, Inc.; and authorize Mayor to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1077. 140095 - Greenwood/Schmitt that "Resolution approving Occupancy Agreement with Crystal Distribution, Inc. for a 5 year period for 105 East 10th and 100 East 9th Street, as part of the Crystal Distribution expansion project amendment; and authorize Mayor to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1078. 140096 - Schmitt/Welper that "Resolution approving Construction Plans for Storm Sewer, Sanitary Sewer and Paving serving Greenbelt Centre Plat No. 5, as submitted by VJ Engineering of Cedar Falls, Iowa -Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1079. 140097 - Schmitt/Welper that "Resolution approving Supplemental Agreement No. 8 with AECOM for. F.Y. 2013 U.S. Highway 63 Improvements - from Conger Street/Newell Street to Donald Street, Contract No. 790; and authorize Mayor to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1080. 140098 - Schmitt/Welper that "Resolution approving Addendum to Cooperative Agreement with Iowa Department of Transportation for F.Y. 2013 Highway 63 Improvements, Contract No. 790; and authorize Mayor to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1081. 140099 - Cole/Greenwood that "Resolution approving Professional Services Agreement with AECOM for design services for F.Y. 2013 Sans Souci Wing Dam Repairs, Contract No. 846; and authorize Mayor to execute said document -Submitted by Eric Thorson, PE, City Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1082. November 5, 2012 Page 7 140100 - Cole/Greenwood that "Resolution approving award of contract to Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in the amount of $94,322.50; and approving Contract, Bonds and Certificate of Insurance for the F.Y. 2012 Chautauqua Park Curb Repair, Contract No. 828; and authorize Mayor and City Clerk to execute said documents -Submitted by W. Wayne Castle, PLS, EI, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1083. 140101 - Cole/Greenwood that "Resolution approving recommendation of award of bid to Verizon Wireless for Wireless Communication Services with Alternate Bid A; and authorize Mayor and City Clerk to execute a one-year service contract with option to renew for up to three years -Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1084. OTHER COUNCIL BUSINESS 140102 - Welper/Hart that arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the Sewer Revenue Refunding Bond Issue, Series 2004A, issued in June 2004 -Submitted by Michelle Weidner, Chief Financial Officer, be received, placed on file and approved. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140103 - Welper/Hart that arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds, Series 2007A and 2007B, issued in June 2007 -Submitted by Michelle Weidner, Chief Financial Officer, be received, placed on file and approved. Voice vote -Ayes: Six Absent: Jones. Motion carried. 140104 - Welper/Hart that Change Order No. 3 for a net increase of $1,204.00 with Prairie Construction Services of Waterloo, Iowa for the City Hall Clerk's Office Renovation Project -Submitted by Craig Clark, Building Official/Maintenance Administrator, be received, placed on file and approved. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140105 - Welper/Hart that Change Order No. 1 for a net increase of $34,303.50 with Peterson Contractors, Inc. of Reinbeck, Iowa for additional demolition work at the former Grand Hotel -Submitted by Noel Anderson, Community Planning & Development Director, be received, placed on file and approved. Voice vote -Ayes: Six. Absent: Jones. Motion carried. Noel Anderson, Community Planning & Development Director, reported that additional foundations to previous buildings were found in the lot and they needed to be removed. 140106 - Schmitt/Greenwood to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Riverview Recreation Area Restroom, be approved. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140107 - Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Riverview Recreation Area Restroom, be received and placed on file. Voice vote - Ayes: Six. Absent: Jones. Motion carried. 140108 - Schmitt/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Riverview Recreation Area Restroom", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1085. November 5, 2012 Page 8 140109 - Schmitt/Welper that "Resolution setting date of hearing and bid opening as November 19, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, ,etc. in conjunction with F.Y. 2013 Riverview Recreation Area Restroom", be adopted. Roll call vote -Ayes: Six. Absent: Jones, Resolution adopted and upon approval by Mayor assigned No. 2012- 140110 - Hart/Welper 086. to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 1029 South Street, 616-618 West 9th Street, 1135 Magnolia Parkway and 506 Reed Street, be approved. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140111 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 1029 South Street, 616-618 West 9th Street, 1135 Magnolia Parkway and 506 Reed Street, be received and placed on file. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140112 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 1029 South Street, 616-618 West 9th Street, 1135 Magnolia Parkway and 506 Reed Street", be adopted. Roll call vote - Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1087. 140113 - Hart/Welper that "Resolution setting date of hearing and bid opening as November 19, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 1029 South Street, 616-618 West 9th Street, 1135 Magnolia Parkway and 506 Reed Street", be adopted. Roll call vote - Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1088. 140114 - Hart/Welper to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement for 1029 South Street, 616-618 West 9th Street, 1135 Magnolia Parkway and 506 Reed Street, be approved. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140115 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement for 1029 South Street, 616-618 West 9th Street, 1135 Magnolia Parkway and 506 Reed Street, be received and placed on file. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140116 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement for 1029 South Street, 616-618 West 9th Street, 1135 Magnolia Parkway and 506 Reed Street", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1089. 140117 - Hart/Welper that "Resolution setting date of hearing and bid opening as November 19, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement for 1029 South Street, 616-618 West 9th Street, 1135 Magnolia Parkway and 506 Reed Street", be adopted. Roll call vote -Ayes: Six. Absent: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-1090. November 5, 2012 Page 9 ORAL PRESENTATIONS Jim Chapman, 224 Bertch Ave, thanked the Police Department for the award he received as a member of the neighborhood watch. He asked for an ordinance to penalize rental properties and their owners if they are not taking care of their property. Dan Trelka, Director of Safety Services, reported there is a crime property ordinance that allows the City to site the property if there are three or more violations. The Police Department is trying to work with these property owners to correct the issues. 140118 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Absent: Jones. Motion carried. 140119 - Hart/Schmitt that the council adjourn to Executive Session at 6:20 p.m. Roll call vote -Ayes: Six. Absent: Jones. Motion carried. City Attorney Jim Walsh stated that discussion of settlement of lawsuit is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (c) (2011) . 140120 - Hart/Schmitt Motion to proceed. Voice vote -Ayes: Six. Absent: Jones. Motion carried. EXECUTIVE SESSION 140121 - Hart/Schmitt that the council adjourn Executive Session at 6:27 p.m. Voice vote -Ayes: Six. Absent: Jones. Motion carried. ADJOURNMENT 140122 - Hart/Schmitt that the Council adjourn at 6:27 p.m. Voice vote -Ayes: Six. Absent: Jones. Motion carried. Suzy Scha es City Clerk