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HomeMy WebLinkAboutMinutes-02/25/2013February 25, 2013 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, February 25, 2013. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Greenwood, Schmitt, Welper, Hart. Absent: Getty. Moment of Silence. Pledge of Allegiance: Quentin Hart, Ward 4 Council Member. 140536 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 25, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 140537 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 18, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA 140538 - 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 Finance Committee Invoice Summary Report, pp. 1-26, dated February 25, 2013, in the amount of $3,752,673.56, 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. 2013-133. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Hy -Vee Wine & Spirits #1 of 2126 Kimball Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age -Submitted by David R. Zellhoefer, Assistant City Attorney. Resolution adopted and upon approval by Mayor assigned No. 2013-134. 3. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Liquor & Tobacco Outlet of 2844 University Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age - Submitted by David R. Zellhoefer, Assistant City Attorney Resolution adopted and upon approval by Mayor assigned No. 2013-135. 4. Request of Jose Jaramillo for tax exemptions on improvements totaling $20,185.00 for property located at 1927 Jefferson Street and located in the Consolidated Urban Revitalization Area (CURA)-Submitted by Noel Anderson, Community Planning & Development Director Resolution adopted and upon approval by Mayor assigned No. 2013-136. 5. Request of Dharmendrakumar Patel for tax exemptions on improvements totaling $280,000.00 for property located at 4719 Luxley Drive and located in the City Limits Urban Revitalization Area (CLURA)-Submitted by Noel Anderson, Community Planning & Development Director Resolution adopted and upon approval by Mayor assigned No. 2013-137. 6. Request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $60,000.00 for property located at 211 Independence Avenue and located in the Consolidated Urban Revitalization Area (CURA)- Submitted by Noel Anderson, Community Planning & Development Director Resolution adopted and upon approval by Mayor assigned No. 2013-138. February 25, 2013 Page 2 7. Request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $21,250.00 for property located at 700 Upton Avenue and located in the Consolidated Urban Revitalization Area (CURA)-Submitted by Noel Anderson, Community Planning & Development Director 1. 2. 3. 4. 5. 6. 7. Resolution adopted and upon approval by Mayor assigned No. 2013-139. 8. Request of Garrick Gauntney of Rising Star Properties for tax exemptions on improvements totaling $365,000.00 for property located at 618-620 West 3rd Street and located in the Consolidated Urban Revitalization Area (CURA)-Submitted by Noel Anderson, Community Planning & Development Director Resolution adopted and upon approval by Mayor assigned No. 2013-140. 9. Request of Terry Collins for tax exemptions on improvements totaling $20,000.00 for property located at 2071 Howard Avenue and located in the Consolidated Urban Revitalization Area (CURA)-Submitted by Noel Anderson, Community Planning & Development Director Resolution adopted and upon approval by Mayor assigned No. 2013-141. 10.Request of Cedar Valley Pride Fest Incorporated to hold 2nd Annual Cedar Valley Pride Fest event to be held along the 300 block of West 4th Street from 6:00 a.m. Saturday, August 24, 2013 to 4:00 a.m. Sunday, August 25, 2013 including the closure of street from Jefferson Street northbound to Washington Street -Submitted by Joe Leibold, Captain of Police Services Resolution adopted and upon approval by Mayor assigned No. 2013-142. 11.Request of the Job Foundation to hold a 5K Run/Walk event to be held on Saturday, September 28, 2013 to start at 9:00 a.m. with the route to start and end at the Hoing-Rice shelter and parking lot located on McKay Avenue - Submitted by Joe Leibold, Captain of Police Services Resolution adopted and upon approval by Mayor assigned No. 2013-143. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed David McFarland, Investigator LEIN School Des Moines, Iowa April 1- 13, 2013 $1,450.00 Reed Palo, Chickasaw County Deputy; Ben Neuman, Evansdale Officer; Zachary Eckenrod, Charles City Officer; William Derrig, Hamilton County Deputy; Jason Hugi, Mason City Investigator LEIN School Des Moines, Iowa April 1- 13, 2013 $4,000.00 Sergeant McGeough, Officer Bose, Sullivan, Savage, Gann and Frein MGIA Conference Merryville, Indiana May 18- 22, 2013 $4,674.16 Officer Lindaman, Sergeant McGeough, Sergeant Hoelscher Explosive Breeching Des Moines, Iowa April 8- 12, 2013 $738.00 Officer Jeager 2013 Midwest Gang Investigators Association Conference Merryville, Indiana May 18- 22, 2013 $695.00 Officer Pohl ICAC First Responder Lantern 3 Software Certification Boston, Massachusetts March 4- 8, 2013 $1,853.00 Suzy Schares IIMC Annual Conference Atlantic City, New Jersey May 18- 24, 2013 $2,950.00 February 25, 2013 8. 9. 10. 11. Wanda Dorris, Housing Coordinator; Gladys Rainey, Housing Coordinator NAHRO Conference Des Moines, Iowa April 17-19, 2013 $1,187.12 Captain Pillack; Lieutenant Payne FBI National Academy Spring Conference Omaha, Nebraska April 10-12, 2013 $715.00 Wayne Castle, Associate Engineer 76th Annual SLSI Land Surveyors Conference Ames, Iowa March 7- 8, 2013 $305.44 Todd Derifield, City Forester 57th Annual Iowa State University Shade Tree Short Course Ames, Iowa February 26-27, 2013 $272.08 Page 3 12. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Susan Chizek Board of Adjustment December 8, 2017 New Appointment Jason Mohr Board of Adjustment December 8, 2017 Re -Appointment Geraldine Thornsberry Community Development Board March 1, 2016 Re -Appointment Bob Reisinger Community Development Board March 1, 2016 Re -Appointment Maxine Tisdale Community Development Board March 1, 2016 Re -Appointment John Berry Community Development Board March 1, 2016 New Appointment SajraVunic Community Development Board March 1, 2016 New Appointment Golnar Buchanan Cultural & Arts Commission March 1, 2014 Re -Appointment Bill Blake Cultural & Arts Commission March 1, 2016 Re -Appointment David Deeds Cultural & Arts Commission March 1, 2016 Re -Appointment Diane Phelps Cultural & Arts Commission March 1, 2016 Re -Appointment Janice Waterman Housing Authority January 1, 2015 Re -appointment Corinna Dillon Housing Authority Board January 1, 2015 Re -appointment 13. Motion to receive and file Mayor Clark's appointment of the following Council Standing Committee for 2013 - 2014: HUMAN RESOURCES Chairperson - Ron Welper All Councilmembers Cigarette Permit Application 14. Dollar General #7162, 930 West 5th Street 15. Dollar General #10073, 3815 University Avenue 16. Dollar General #4698, 2935 Logan Avenue 17. Dollar General #7136, 66 East Tower Park Drive 18. Bonds Roll call vote -Ayes: Six. Motion carried. Mayor Clark recognized the board and commission appointments. February 25, 2013 PUBLIC HEARINGS 140539- Schmitt/Greenwood Page 4 that proof of publication of notice of public hearing on F.Y. 2013 Asphalt Overlay Program, Contract No. 833, as published in the Waterloo Courier on February 15, 2013, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 140540 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Greenwood that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 140541 Schmitt/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc.in conjunction with F.Y. 2013 Asphalt Overlay Program, Contract No. 833", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-144. 140542 - Schmitt/Greenwood that "Resolution ordering construction in conjunction with F.Y. 2013 Asphalt Overlay Program, Contract No. 833", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-145. 140543 - Schmitt/Greenwood to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review in conjunction with F.Y. 2013 Asphalt Overlay Program, Contract No. 833: Bidder Bid Security Bid Amount Aspro, Inc. PO Box 2620 Waterloo, Iowa 50704 5% $2,415,809.16 Voice vote -Ayes: Six. Motion carried. 140544 - Greenwood/Schmitt that proof of publication of notice of public hearing on Vacation, sale and conveyance of city -owned property generally located between Galactic Drive and West 4th Street, west of Ansborough Avenue to Sunnyside South Addition, LLC for $1.00, as published in the Waterloo Courier on February 15, 2013, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 140545 - 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 recommendation of approval by the Planning and Zoning Board be placed on file. Voice vote -Ayes: Six. Motion carried. 140546 - Greenwood/Schmitt that "an Ordinance vacating city -owned property generally located between Galactic Drive and West 4th Street, west of Ansborough Avenue to Sunnyside South Addition, LLC. in conjunction with Vacation, sale and conveyance of city -owned property generally located between Galactic Drive and West 4th Street, west of Ansborough Avenue to Sunnyside South Addition, LLC for $1.00", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 140547 - Greenwood/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. Mr. Schmitt noted for the record that he is approving suspension of the rules as this item has been properly vetted. February 25, 2013 Page 5 140548 - Greenwood/Schmitt that "an Ordinance vacating city -owned property generally located between Galactic Drive and West 4th Street, west of Ansborough Avenue to Sunnyside South Addition, LLC. in conjunction with Vacation, sale and conveyance of city -owned property generally located between Galactic Drive and West 4th Street, west of Ansborough Avenue to Sunnyside South Addition, LLC for $1.00", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5150. 140549 - Greenwood/Schmitt that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Vacation, sale and conveyance of city -owned property generally located between Galactic Drive and West 4th Street, west of Ansborough Avenue to Sunnyside South Addition, LLC for $1.00", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-146. 140550 - Welper/Greenwood that proof of publication of notice of public hearing on amendment of the development agreement approved on January 7, 2013 with Sunnyside South Addition, LLC to update the legal description of the project area generally located between Galactic Drive and West 4th Street, west of Ansborough Avenue, as published in the Waterloo Courier on February 15, 2013, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 140551 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Greenwood that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 140552 - Welper/Greenwood that "Resolution approving said amendment to development agreement; and authorize Mayor and City Clerk to execute said document in conjunction with amendment of the development agreement approved on January 7, 2013 with Sunnyside South Addition, LLC to update the legal description of the project area generally located between Galactic Drive and West 4th Street, west of Ansborough Avenue", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-147. 140553 - Hart/Welper that proof of publication of notice of public hearing on Request of Tony Huff to vacate the east 4 feet of a platted 16 foot wide sanitary sewer easement at the northeast corner of Bismark Avenue and Ansborough Avenue located in Galloway First Addition, as published in the Waterloo Courier on February 15, 2013, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 140554 - 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 and the recommendation of the Planning and Zoning Board be placed on file. Voice vote -Ayes: Six. Motion carried. 140555 - Hart/Welper that "an Ordinance vacating the east 4 feet of a platted 16 foot wide sanitary sewer easement at the northeast corner of Bismark Avenue and Ansborough Avenue located in Galloway First Addition in conjunction with Request of Tony Huff to vacate the east 4 feet of a platted 16 foot wide sanitary sewer easement at the northeast corner of Bismark Avenue and Ansborough Avenue located in Galloway First Addition", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. February 25, 2013 140556 - Hart/Welper Page 6 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 140557 - Hart/Welper that "an Ordinance vacating the east 4 feet of a platted 16 foot wide sanitary sewer easement at the northeast corner of Bismark Avenue and Ansborough Avenue located in Galloway First Addition in conjunction with Request of Tony Huff to vacate the east 4 feet of a platted 16 foot wide sanitary sewer easement at the northeast corner of Bismark Avenue and Ansborough Avenue located in Galloway First Addition", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5151. 140558 - Hart/Welper that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Request of Tony Huff to vacate the east 4 feet of a platted 16 foot wide sanitary sewer easement at the northeast corner of Bismark Avenue and Ansborough Avenue located in Galloway First Addition", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-148. THERE WAS NO SALE AND CONVEYANCE INVOLVED, SO THE RESOLUTION IS DELETED. RESOLUTIONS 140559 - Schmitt/Greenwood that "Resolution approving contract with Daktronics, Inc. of Brookings, South Dakota in the amount of $715,000.00 for the purchase of a new scoreboard, video and audio system in Young Arena with Waterloo Black Hawks providing $245,000.00 and BHCGA providing $470,000.00 -Submitted by Paul Huting, Leisure Services Director", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-149. Doug Miller, on behalf of the Black Hawks presented the City with a check in the amount of $214,000 towards the new scoreboard. 140560 - Cole/Schmitt that "Resolution approving 2014 Golf Fee Schedule as recommended by the Leisure Services Commission -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Five. Nays: One (Hart). Mr. Schmitt suggested making the season tickets run through January 31' of each year. Paul Huting, Leisure Services Director, requested to take this to the Leisure Services Commission and then return to Council. Mr. Hart questioned the average rounds of golf played by a season ticket holder and if they could be incrementally implemented. JB Bolger, Golf Manager, noted that the increase is to put a significant dent in the deficit in the golf revenue. The golf courses are subsidized by $150,000 to $200,000 per year. The average golf rounds are not tracked. Resolution adopted and upon approval by Mayor assigned No. 2013-150. 140561 - Cole/Schmitt that "Resolution approving award of bid to Matthias Landscaping of Waterloo, Iowa in the amount of $48,665.27 for the Gates Park Golf Course - Virden Creek Erosion Project -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-151. February 25, 2013 Page 7 140562 - Cole/Schmitt that "Resolution approving the sale of used Jacobsen LF3400 Fairway Unit to TurfWerks of Johnston, Iowa in the amount of $8,000.00 -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-152. 140563 - Hart/Welper that "Resolution approving award of Iowa Department of Transportation state bid to Van Wall Equipment in the amount of $90,670.00 for the Purchase of Two (2) 2013 John Deere 7700 Fairway Mowers -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-153. 140564 - Hart/Welper that "Resolution approving award of Iowa Department of Transportation state bid to John Deere Company in the amount of $39,224.68 with delivery by Waterloo Implement for the Purchase of One (1) John Deere 5093E Utility Tractor minus trades totaling.$7,500.00 for a total purchase amount of $31,724.68 -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-154. 140565 - Hart/Welper that "Resolution approving submission of an Iowa Safe Routes to School grant in the amount of $72,000.00 for a proposed George Washington Carver Academy sidewalk infill and acceptance of 10 year maintenance agreement for the responsibility of the proposed sidewalk -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Six. Mr. Greenwood questioned the chances of getting the grant. Sandie Greco, Superintendent of Traffic Operations, noted that staff is hopeful but it is not known if we will receive it. Mr. Schmitt questioned if it is outside of the Hwy 63 project and it is. Resolution adopted and upon approval by Mayor assigned No. 2013-155. 140566 - Welper/Schmitt that "Resolution approving Supplemental Agreement No. 2 with AECOM in the amount of $17,900.00 for the F.Y. 2013 Sans Souci Wing Dam Repairs, Contract No. 846 - Submitted by Eric Thorson, PE, City Engineer", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-156. 140567 - Welper/Schmitt that "Resolution approving submission of application to Iowa Economic Development Authority for $4,650,000.00 to be used on the Multi -Family (Rental) Unit Production - New Construction Program - Round 5 -Submitted by Rudy D. Jones, Community Development Director", be adopted. David Deeds, JSA Development, reminded Council that rehabilitation is important. Mr. Hart noted that $3 million in CDBG funds will be leveraged. Mr. Hart questioned parking. Jackie Nickolaus, Vice -President Sherman Associates, noted this will be a 58 - unit construction project and will have a percentage available for median income families. Sherman Associates are primarily in the Upper Midwest with over 500 units. They own and manage approximately 6500 units. She noted that rental rates dictate the need for the CDBG funds. There will 58 -units with one to one parking. Mr. Greenwood questioned if all their projects are subsidized housing. February 25, 2013 Page 8 Jackie Nickolaus, Vice -President Sherman Associates noted that this will not be low-income housing; it will be disaster recovery fund. This will be 80% of area median income. Only 51% of the units must be affordable. Mr. Hart noted that he will steer clear of dictating where people can live. This is about equality. Jackie Nickolaus, Vice -President Sherman Associates, noted that the successful units have both high end units and market rate. Mayor Clark noted that the WDC fully supports this project. Jerry Schatzer, 1829 W. 7th Street, noted that Des Moines is serious financial trouble and this sounds socialism. Brent Dahlstrom, 3538 Augusta Circle, noted that he is not opposed to low income projects. He has been interested in this location for 2 years. He noted that his project will be market rent. He wants the ability to get to bid this project. Mayor Clark thanked Mr. Dahlstrom for his commitment to the City of Waterloo. Mr. Schmitt questioned if there is an issue with Mr. Walsh being the City Attorney and submitting for the grant. Rudy Jones, Community Development Director, noted that the HUD Office in Des Moines will be reviewing this issue and then a waiver may be needed. Mr. Hart asked how much the State is distributing. Rudy Jones, noted that there is $30,000,000 total in grant funds. Mr. Jones asked how 13 and 14 are tied together. Noel Anderson, Community Planning and Development Director, noted that there is $18,000,000 for larger cities and each City can only submit two applications. The applicant must have site control and that is why there is a resolution approving the intent for a development agreement. The application must be submitted by March 1, 2013. Mr. Greenwood questioned if Mr. Dahlstrom has a project in mind. Brent Dahlstrom noted that his project will replicate the VandeWalle Project suggestion. Ms. Cole questioned if he has financing. Mr. Hart questioned what happens if the financing for Sherman Associates does not happen. Jackie Nickolaus, Vice -President Sherman Associates noted that the larger document will have clauses to allow to vacate the project if the financing does not happen. Mr. Hart asked to have a time frame to expire the first right of refusal. Noel Anderson asked that the deadline start after the State makes a decision. Mayor Clark noted that the first right of refusal should have a 30 day expiration. Brent Dahlstrom stated he would not require the $3,000,000 credit. There are still several grants available for market income properties. He noted that all of his contractors are from Waterloo and Cedar Falls. The abatement would be similar to River Trail at approximately 10 years. Mr. Schmitt questioned that tax abatement. He expressed concern with the miss understanding between the City and Mr. Dahlstrom. 140568 - Schmitt/Welper that the motion to split the two votes apart to approve each grant application separately be approved. Ayes: Six. Motion Carried. February 25, 2013 Page 9 140569 - Schmitt/Greenwood that "Resolution approving submission of application to Iowa Economic Development Authority for $3,000,000.00 to be used on the Multi -Family (Rental) Unit Production - New Construction Program - Round 5 -Submitted by Rudy D. Jones, Community Development Director", be adopted. Ayes: Two. Nays: Four (Jones, Greenwood, Schmitt, Welper). Motion failed. Mr. Hart questioned what shovel ready means and if the City is required to do anything. Noel Anderson, Community Planning and Development Director, responded that it means the State is confident that from the time the grant is awarded the project can proceed in an efficient matter and the City would not be responsible for anything other than the standard items agreed upon in a development agreement. Ms. Cole questioned whether the EPA has any effect on this requirement. Noel Anderson, Community Planning and Development Director, noted that one of the funding sources the developer is going after is the Brownfield Greyfield tax credit. The City would not be liable and other assessment grants have been done in the area and staff is confident with the process. Mr. Jones clarified that item 15 is dependent upon the vote of this item. Resolution No. 2013-157 was inadvertently missed. 140570 - Schmitt/Hart that "Resolution approving submission of application to Iowa Economic Development Authority for $1,650,000.00 to be used on the Multi -Family (Rental) Unit Production - New Construction Program - Round 5 -Submitted by Rudy D. Jones, Community Development Director", be adopted. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-158. 140571 - Welper/Schmitt that "Resolution approving intent for a development agreement for the construction of a multi floor residential and commercial project at the upper plaza site, with potential for TIF rebates for 20 years at 42% per year if other incentives are not awarded -Submitted by Noel Anderson, Community Development & Planning Director", be adopted. Roll call vote -Ayes: One. Nays: Five (Jones, Greenwood, Schmitt, Welper, Hart). Motion failed. ORAL PRESENTATIONS Jerry Schatzer, expressed concern with salaries and pensions and stated the Mayor could have set different pay rates and pensions for new employees. Don Miller, 707 Stone Quary Road, asked if the City would donate the land if they could include that when this property is sold the City could recover the cost of the property that the City invested. Marshall Iehl, 3624 Logan Ave., questioned the Hwy 63 construction from Conger to Dale Street and the problem with the underpass and asked if an overpass has been considered. Mayor Clark noted that one of the DOT's proposals is to put in an overpass. Eric Thorson, City Engineer, noted that the DOT is committed to the project and is studying the issue to find a solution. Ray Iehl, 3624 Logan Ave., noted that even in the drought of the 30's that spot was wet. 140572 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. 140573 - Hart/Schmitt that the council adjourn to Executive Session at 6:50 p.m. Roll call vote -Ayes: Six. Motion carried. 1 February 25, 2013 Page 10 City Attorney Jim Walsh stated that discussion of Contract Negotiations is an approved topic of Executive Session pursuant to Iowa Code Section 20.17(3)(2012). EXECUTIVE SESSION 140574 - Hart/Schmitt that the council adjourn Executive Session at 7:05 p.m. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT 140575 - Hart/Schmitt that the Council adjourn at 7:05 p.m. Voice vote -Ayes: Six. Motion carried. Suzy Sch_res City Cle k