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HomeMy WebLinkAboutMinutes-09/22/2003• September 22, 2003 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, September 22, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Hurley, Getty. Absent: Jordan. Invocation by: Cammie Scully, Executive Director of Cultural & Arts Commission. Pledge of Allegiance: Councilperson Bob Greenwood. ORAL PRESENTATIONS 118852 - Jim Gleason, 1642 Lafayette Street, submitted a petition requesting to rezone the 1600 block of Lafayette Street to eliminate the storage of semi -trailers in the 1600 block of Lafayette Street. Mr. Gleason explained that for the past three or four years the person who purchased the property next to his property parks semi -trailers blocking all his windows so he cannot see outside. Mr. Gleason reported that he talked with Code Enforcement and there was some cleanup but then they moved the trailers closer to his lot and extended the trailers even closer to the sidewalk, which is breaking up the sidewalk. Mr. Gleason reported that the petition is signed by 70 people who live in the neighborhood, and that all the business owners signed the petition and all who signed want the semi -trailers moved out of the area. Mr. Gleason stated that the property is currently zoned Heavy Industrial District, and if the property were zoned to Commercial District that would not affect the businesses. Mr. Gleason stated he lost his homeowners insurance and had to go to three insurance companies to get coverage for his property. Mr. Gleason stated he has lived in Waterloo since 1966 and grew up in this area. Mr. Gleason asked council members to walk through the area as there are other issues in the neighborhood. Mr. Gleason stated he believes if this is allowed to continue no other businesses or citizens will want to move into this area. Mayor Rooff asked Mr. Gleason to wait until the council meeting is over to meet with Lou Cutwright, Building Official; Rudy Jones, Community Development Director; and Councilperson Kincaid, and they can have Perry Goodman, Neighborhood Services Coordinator, look at this property. Welper/Kincaid that petition requesting to rezone the 1600 block of Lafayette Street be received and placed on file. Ayes: Six. Absent: Jordan. Motion carried. 118853 - Getty/Kincaid that the above oral comments be received and placed on file. Ayes: Six. Absent: Jordan. Motion carried. 118854 - Hurley/Welper that the Agenda, as amended to delete Item Nos. 5 and 14, for the Regular Session on Monday, September 22, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Jordan. Motion carried. 118855 - Hurley/Welper that the Minutes, as proposed, for the Regular Session on Monday, September 15, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Jordan. Motion carried. Mayor Rooff read a proclamation declaring the second week of October 2003 as Earth Science Week. Janet Lyons recognized the City of Waterloo as an Iowa Safety Community. CONSENT AGENDA 118856 - Getty/Hurley that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: September 22, 2003 Page 2 CONSENT AGENDA CONTINUED 1. Communication from Police Chief transmitting request of West High School to hold annual Homecoming Parade on October 3, 2003, from 2:00 p.m. to 2:35 p.m., with parade route beginning at the southwest parking lot of West High onto E. Ridgeway, north on Kimball Avenue, right at Easton to Baltimore Street, to E. Ridgeway ending at the southwest entrance of West High. Resolution adopted and upon approval by Mayor assigned No. 2003-627. 2. Communication from City Engineer transmitting request of Marlene Buhmann Torgerson for a waiver for an asphalt driveway to be located at 811 Lorraine Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-628. 3. Communication from City Engineer transmitting request of Dorothy Bloom for a waiver for an asphalt driveway to be located at 211 Fairfield Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-629. b. Motion to approve the following: 1. Communication from Mayor John Rooff transmitting recommendation of reappointment of Dan Evanson and Randy Herod and appointment of James Hall and Jeanette Moore-Loggins to the Telecommunications Commission, with term expiration date of December 1, 2005. c Beer License Permit Application Class B Gates Park Golf Course, 820 E. Donald Street (Renewal) (Expires 10/03/04) (Includes Sunday Sales) d. Beer License Permit Application Class C Kum & Go, 1976 Franklin Street (Renewal) (Expires 11/2/04) (Includes Sunday Sales Kum & Go, 117 E. San Marnan Drive (Renewal) (Expires 11/02/04) (Includes Sunday Sales) Kum & Go, 1104 Washington Street (Renewal) (Expires 11/02/04) (Includes Sunday Sales) Black Hawk Liquor, 521 Dane Street (New) (Expires 10/01/04) (Includes Sunday Sales) e. Wine License Permit Application Class B Kum & Go, 1976 Franklin Street (Renewal) (Expires 11/2/04) (Includes Sunday Sales Kum & Go, 117 E. San Marnan Drive (Renewal) (Expires 11/02/04) (Includes Sunday Sales) Kum & Go, 1104 Washington Street (Renewal) (Expires 11/02/04) (Includes Sunday Sales) Black Hawk Liquor, 521 Dane Street (New) (Expires 10/01/04) (Includes Sunday Sales) f. Liquor License Permit Application Class E Black Hawk Liquor, 521 Dane Street (New) (Expires 10/01/04) (Includes Sunday Sales) g. Outdoor Service Area Application Gates Park Golf Course, 820 E. Donald Street (Expires 10/03/04) h. Cigarette Permit Application Neighborhood Convenience Store, LLC, 926 Linn Street Black Hawk Liquor, 521 Dane Street Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license permit applications. Absent: Jordan. Motion carried. • ! September 22, 2003 Page 3 HEARINGS AND BIDS 118857 - Clark/Welper that proof of publication of notice of public hearing on F.Y. 2004 Video Detection System West 4th Street/Ansborough Avenue and Greenhill Road/Rainbow Drive, Contract No. 674, as published in the Waterloo Courier on September 16, 2003, be received and placed on file. Ayes: Six. Absent: Jordan. Motion carried. 118858 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Clark/Kincaid that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Jordan. Motion carried. 118859 - Greenwood/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Video Detection System West 4th Street/Ansborough Avenue and Greenhill Road/Rainbow Drive, Contract No. 674", be adopted. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-630. 118860 - Clark/Getty that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Jordan Resolution adopted and upon approval by Mayor assigned No. 2003-631. 118861 - .Hurley/Getty to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Bond Total Bid General Traffic Control, Inc., Spencer, IA $4,000.00 $38,000.00 Traffic Control Corporation, Addison, IL $2,500.00 $42,700.00 Ayes: Six. Absent: Jordan. Motion carried. 118862 - Getty/Hurley that proof of publication of notice of public hearing on Concrete Replacement at Fire Stations No. 3, No. 4 and No. 6, as published in the Waterloo Courier on September 12, 2003, be received and placed on file. Ayes: Six. Absent: Jordan. Motion carried. 118863 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Jordan. Motion carried. 118864 Getty/Greenwood that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Concrete Replacement at Fire Stations No. 3, No. 4 and No. 6", be adopted. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-632. 118865 - Clark/Greenwood that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-633. September 22, 2003 Page 4 HEARINGS AND BIDS CONTINUED 118866 - Hurley/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Building Administrator/Maintenance Administrator for review: Bidder Bid Bond Total Bid B & B Builders & Supply, Waterloo, IA 5% $49,782.00 Borwig Building Service, Waterloo, IA $5,295.00 $76,500.00 Mike Dolan Concrete, Waterloo, IA $3,712.60 $74,250.00 Rampart Corporation, Waterloo, IA 5% $59,550.00 Shelter Construction, Waterloo, IA 5% $77,995.00 Todd VanDorn Construction 5% $58,500.00 Ayes: Six. Absent: Jordan. Motion carried. 118867 - Getty/Kincaid that proof of publication of notice of public hearing on Salt Shed 2003 Roofing Project, as published in the Waterloo Courier on September 12, 2003, be received and placed on file. Ayes: Six. Absent: Jordan. Motion carried. 118868 - 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 and oral and written comments be received and placed on file. Ayes: Six. Absent: Jordan. Motion carried. 118869 Greenwood/Welper that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Salt Shed 2003 Roofing Project", be adopted. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-634. 118870 - Welper/Greenwood that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-635. 118871 - Hurley/Kincaid to receive, file and instruct City Clerk to open and read bids and refer to Building Administrator/Maintenance Administrator for review: Bidder Bid Bond Lump Sum Plywood (Sq.Ft.) All Pro Construction & Roofing, Waterloo, IA $2,034.70 $40,694.00 $3,465.00 $49.00 per sheet Ayes: Six. Absent: Jordan. Motion carried. PETITIONS FROM PUBLIC 118872 - Welper/Kincaid that communication from City Planner transmitting request of Jay Trevor, owner of Roosevelt Housing Partners, L.P., to rezone from "R-2" One and Two Family Residence District to "R -4,R -P" Planned Multiple Residence District property generally located at 200 East Arlington Street for the purpose of creating a 21 -unit Multifamily Senior Apartment Complex, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 13, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same.Ayes: Six. Absent: Jordan. Resolution adop and upon approval of Mayor ased No. 2003-636. • • September 22, 2003 Page 5 PETITIONS FROM PUBLIC CONTINUED 118873 - Greenwood/Welper that communication from City Planner transmitting request of Schaenette Allen for a site plan amendment to the "C -Z" Conditional Zoning District for property generally located at the intersection of Hess Road and East Shaulis Road for the purpose of adding a second salon chair and operator to home-based hair salon, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 6, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval of Mayor assigned No. 2003-637 118874 - Ken Lockard, 8 and 9 on request was requested that there not be two separate zoning hearings on Items tonight's council agenda. Mr. Lockard explained that when his brought before the Planning, Programming and Zoning Commission, there was just one request, and the Planning, Programming and Zoning Commission acted upon one request, and now it has been placed on the council agenda for two separate hearings when he just requested one hearing. Don Temeyer, Community Planning and Development Coordinator, responded that staff thought it might be easier for the council to hold two hearings as the Planning, Programming and Zoning Commission recommended that a portion of the property be rezoned from "A-1" Agricultural District to "R -4,R -P" Multiple Residence District. Mr. Lockard stated that this is probably the largest rezoning in the city's history, and in that long stretch of property only two people were at the Planning, Programming and Zoning Commission meeting to object to the rezoning. Mr. Lockard stated that they negotiated with Planning staff, and he thought they had reached an agreement, and then after the Planning, Programming and Zoning Commission hearing, there was a change in the rezoning allotment, and they want a chance to respond. Mr. Lockard stated that one of the council's goals is to expand the tax base, which this rezoning will do. Getty/Hurley that communication from City Planner Development, Agricultural Inc. on behalf of District to "R -4,R -P" transmitting property owners Multiple Residence Commercial District and "B -P" Business described as West 4th Street to Kimball Ansborough Avenue to Kimball Avenue 14 mile recommendation of the Planning, Programming two easterly "C -P" designations along San designations from "A-1" Agricultural District District, be received, placed on file and "Resolution Park to District, request rezone of Lockard from "A-1" "C -P" Planned District property generally Avenue north of Highway 20 and south of Highway 20, together with and Zoning Commission to remove the Marnan Drive and rezone those to "R -4,R -P" Multiple Residence setting date of hearing as October 13, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval of Mayor assigned No. 2003-638. 118875 - Hurley/Greenwood that communication from City Planner transmitting request of Schenk Engineering on behalf of J & S Family Realty, LLC to vacate, sell and convey for $1.00 property generally located on San Marnan Drive adjacent to Lots 2 and 3 of Anderson's Sixth Addition for the purpose of developing an auto dealership, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 6, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval of Mayor assigned No. 2003-639. 118876 - Clark/Welper that communication from City Planner transmitting request of Wayne Claassen Engineering and Surveying, Inc. to vacate, sell and convey Parcel C of Winghaven Drive as platted in the First Addition of Klingaman Knolls Addition for $1.00, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 13, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval of Mayor assigned No. 2003-640. September 22, 2003 Page 6 REPORTS 118877 - Welper/Clark that communication from Chief Financial Officer transmitting 2003 Annual Financial Report for City Streets to be filed with the Iowa Department of Transportation be received, placed on file and "Resolution approving said report", be adopted and report be filed with the Iowa Department of Transportation. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-641. DOCUMENTS 118878 - Getty/Welper that communication from City Planner transmitting Final Plat of Klingaman Park Third Addition, together with report of City Engineer, Deed of Dedication, Certificate of Survey and Staff Report, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-642. 118879 - Getty/Welper that communication from City Engineer transmitting Professional Services Agreement with Earth Tech, Inc. at an estimated cost of $469,700.00 for Phase I, Preliminary Design of the Cedar Valley Riverfront Renaissance Waterloo Vision Iowa Projects, including the Riverwalk Loop, Cedar River Dam Improvements and Cedar River Plaza and Amphitheater be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-643. 118880 - Kincaid/Getty that communication from Community Planning and Development Director transmitting an agreement with the Iowa Department of Natural Resources to provide services to prepare the Construction Machinery Company site for site remediation in the State of Iowa Land Recycling Program be received, placed on file and "Resolution approving said agreement" be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-644. 118881 - Kincaid/Getty that communication from Police Chief transmitting Alcoholic Beverages Division for activities be received, placed agreement", be adopted and Mayor Ayes: Six. Absent: Jordan. the on and purpose of file and City Clerk 28E Agreement with the Iowa funding tobacco enforcement "Resolution approving said authorized to execute same. Resolution adopted and upon approval by Mayor assigned No. 2003-645. 118882 - Kincaid/Getty that communication from Building Official/Maintenance Administrator transmitting restructuring of Building Maintenance, including elimination of the Maintenance Supervisor position effective September 30, 2003, be received, placed on file and "Resolution approving said restructuring and elimination of Maintenance Supervisor position", be adopted. Prior to a vote on the above motion, the following comments were heard. Randy Shepard requested that three Council Members abstain from voting on Item No. 18 because they have a conflict of interest. Mr. Shepard noted that Councilperson Hurley supports another candidate for Ward 2, Councilperson Kincaid was appointed by this council and is a candidate for Ward 4, and Councilperson Getty previously ran with Mayor Rooff and is a candidate for the At -Large Council position. • • September 22, 2003 • • DOCUMENTS CONTINUED Page 7 Lou Cutwright, Building Official/Maintenance Administrator, stated that the FY04 Budget for maintenance was cut quite a bit, and then Jim Sullivan retired, which made it easier to maintain the maintenance budget. The State then cut the city's revenues by $1.2 million, and an additional $35,000 was cut from the maintenance budget. Mr. Cutwright stated that to maintain the contractual obligations the only place to cut was personnel, and he did not have any leeway with attrition or retirement. Mr. Cutwright commented that he was not looking at seniority, but the abilities of the four employee who are certified in areas such as HVAC, plumbing and electrical and who have the ability to maintain equipment. Mr. Cutwright explained that the Maintenance Department was put under him, and he took over administration of maintenance. Mr. Cutwright stated maintenance is moving from a construction group to a maintenance group. Mr. Cutwright stated that he had enough money in the FY04 Budget to cover all five positions for three months, and now he needs to do something. Mr. Cutwright explained that with the reduction of the maintenance supervisor position, there were be four employees in maintenance. Councilperson Greenwood asked if Mr. Shepard will have the ability to bid back into employment with the city. Mr. Cutwright explained that his ability to bid on jobs is outlined in a letter to Mr. Shepard and there are other positions he could bid. Nancy Eckert, City Clerk, reported that the minutes of a council work session held on July 10, 2003 reflect that Mr. Cutwright reported that a reduction of $35,000 would result in the lay off of one position and would require restructuring of facilities maintenance. The minutes also reflect that Mr. Cutwright stated this area would be reorganized to maintain licensed positions. Councilperson Greenwood noted that the council was voting to restructure building maintenance, not just elimination of a position. Mayor Rooff commented that the timing is as ridiculous as can be, but Mr. Cutwright could not do anything else with his budget. Mr. Cutwright reported that utility costs are continuing to go up, and the maintenance budget has continually been cut. Mr. Cutwright reported that $47,888 was budgeted for Mr. Shepard's position, and with the $35,000 reduction that left $12,888, but Mr. Shepard's payout of $7,828 is not included in these figures. Michelle Weidner, Chief Financial Officer, reported that the amendment is due to reduced revenue from the State, and the council's approval of the $35,000 reduction in the maintenance budget. Mr. Weidner commented that they are concerned about utility prices and have no other line items that can be reduced, and it appears that it has to come from salaries to balance the budget. Councilperson Clark asked who arrived at this decision. Mr. Cutwright responded that it was his decision as he has to properly look at the buildings to keep the city functioning well. Mr. Cutwright noted that they are doing a lot of work at the facilities to bring the equipment up to a modern state so we should not need as much maintenance. Jim Walsh, City Attorney, stated that political differences are not a basis of a conflict of interest. Mr. Walsh stated that Mr. Cutwright contacted him and discussed if it was appropriate to do this and it is his call. Mr. Walsh stated this is a politically difficult decision, but it has been done properly. Councilperson Hurley stated he spent part of yesterday reviewing numbers to see if we could hold onto this position or at least until the after election. Councilperson Hurley stated he is satisfied with the decision that was made, and he did not know until last week who this person was. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-646. 118883 - Kincaid/Getty that communication from Community Development Director transmitting FY03 Consolidated Annual Performance and Evaluation Report (C.A.P.E.R.) for the Community Development Block Grant and HOME Program activities for the period of July 1, 2002 through June 30, 2003, be received, placed on file and "Resolution approving said report", be adopted. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-647. September 22, 2003 Page 8 DOCUMENTS CONTINUED 118884 - Kincaid/Getty that communication from Chief Financial Officer transmitting contract with Iowa County Engineers Association Service Bureau at an annual cost of $600.00 for use of GASB 34 software to maintain cost accounting records for infrastructure assets be received, placed on file, and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-648. RESOLUTIONS TO BE ADOPTED 118885 - Hurley/Greenwood that "Resolution setting date of hearing as October 6, 2003, at 5:30 p.m. in the City Hall Council Chambers on sale and conveyance of property generally located at 518-522 Lafayette Street to James O'Regan at a cost of $23,764.98", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-649. 118886 - Hurley/Greenwood that communication from Executive Director of Main Street Waterloo transmitting request to extend the amortization period of loan with Community National Bank for the 55 space Regional Business Center Parking Lot from ten years to twenty years be received, placed on file and "Resolution approving said extension", be adopted. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-650. ORDINANCES TO BE ADOPTED 118887 - Clark/Welper that "an Ordinance amending the 2003 Traffic Code by adding Subsection (8a) Linn Street to Section 545, Yield Streets (place yield signs on Linn Street at the intersection of Adams Street)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Jordan. Motion carried. 118888 - Welper/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Jordan. Motion carried. 118889 - Welper/Getty that "an Ordinance amending the 2003 Traffic Code by adding Subsection (8a) Linn Street to Section 545, Yield Streets (place yield signs on Linn Street at the intersection of Adams Street)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Jordan. Ordinance adopted and upon approval by Mayor assigned No. 4647. BILLS PAYMENT 118890 - Hurley that "Resolution approving Schedule AP640, pp. 1-61, dated September 22, 2003, in the amount of $2,933,469.73, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-651. NEW BUSINESS 118891 - Clark/Welper that communication from Superintendent of Traffic Operations transmitting request to install a decorative 100 watt HPS street light on the curve of the 100 block of Hummingbird Lane be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify MidAmerican Energy of same Ayes: Six. Absent: Jordan. Resolution adopeand upon approval by Mayor awed No. 2003-652. • • September 22, 2003 NEW BUSINESS CONTINUED 118892 - Getty/Clark that the Council adjourn to Executive Session at 6:31 Absent: Jordan. Motion carried. EXECUTIVE SESSION p.m.. Page 9 Ayes: Six. Jim Walsh, City Attorney, stated that discussion of litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2003). 118893 - Hurley/Clark that the Council adjourn Executive Session at 6:43 p.m. Ayes: Six. Absent: Jordan. Motion carried. 118894 - Clark/Welper that the settlement agreement and Release with Ed Dolan and Porky's Red Carpet, Inc. be received, placed on file and approved and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-653. ADJOURNMENT 118895 - Clark/Hurley that the Council adjourn at 6:44 carried. p.m. Ayes: Six. Absent: Jordan. Motion k-,1\�n�t� TCI'lu, Nanc}d Eckert City Clerk