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HomeMy WebLinkAboutMinutes-09/13/2004• • September 13, 2004 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 13, 204. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark Schmitt, Gunderson, Welper. Moment of Pledge Silence. of Allegiance: Walter 120402 - Welper/Kincaid Reed, Director of Human Rights. that the Agenda, as amended to add Item 10a, for the Regular Session on Monday, September 13, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 120403 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, September 7, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley performed swearing-in of Police Officers Nicholas Paul Berry, John Avery DeKoster, Timothy Richard Everett, John Regan Helier and Dustin Ryan Yates. Mayor Hurley read a proclamation declaring the week of September 27, 2004, as Waterloo -Cedar Falls Symphony Week. Mayor Hurley congratulated Waterloo Exchange Club on the Healing Field event. CONSENT AGENDA 120404 - Welper/Kincaid that the following items on the consent agenda be received;, placed on file and approved: a. Resolutions to approve the following: b. 1. Resolution approving Schedule AP640, pp. 1-108, dated September 13, 2004, in the amount of $1,909,802.49, 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 assiOned No. 2004-616. 2. Communication from City Engineer transmitting request of Brian Rooff for a waiver for a concrete driveway to be located at 1150 Lincoln Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assi4ned No. 2004-617. Motion to approve the following: 1. Communication from Mayor Hurley transmitting] recommendation of appointment of Rodger Burris to the Waterloo Whiter Works Board of Trustees, with term expiration date of January 12,12008. 2. Cheryl Huddleston, Human Resources Manager, to attend annual Iowa Public Employer Labor Relations Association meeting in Dubuque, Iowa, on October 7-8, 2004, with costs not to exceed $21$.00. 3. Robert Hewitt, Police Sergeant, to attend National!, Homicide Seminar in Kansas City, Missouri, on October 15-20, 2004, with costs not to exceed $1,311.00, including use of city vehicle. 4. Paul Huting, Leisure Services Director, to attend State Association Educational Workshop in Carroll, Iowa, on September 14-16, 2004, with costs not to exceed $211.00, including use of city vehicle. 5. Eryn Hageman and Dustin Lindaman, Police Officers, Intermediate Academy Class in Waterloo, Iowa, on September 5, 2004, with costs not to exceed $4,200.00. to attend 14 -November 6. John Mattson, Fire Inspector, to attend Fire Inspection Principles Class in Emmetsburg, Maryland, on October 2-16, 004, with costs not to exceed $216.00, including use of city vehicle. September 13, 2004 CONSENT AGENDA CONTINUED Page 2 7. Dave Boesen, Fire Marshal, to attend Principles of Fire Protection Class in Emmetsburg, Maryland, on November 7-19, 2004, with costs not to exceed $644.41. 8. Nancy Gulick, Community Development Coordinator, to attend HUD Technical Assistance Training in Des Moines, Iowa, on September 28-29, 2004, with costs not to exceed $242.00, including use of city vehicle. 9. Rich Carter, Police Lieutenant, and Rob Duncan, Police Investigator, to attend Active Shooter Class in Grinnell, Iowa, on September 16-17, 2004, with costs not to exceed $323.00, including use of city vehicle. 10. Aaron McClelland, Police Officer, to attend Subgun Instructor Class in Des Moines, Iowa, on September 20-23, 2004, with costs not to exceed $401.00, including use of city vehicle. 11. Various Grant Information Collectors to do traffic counts for the Planning HMTUSA grant on a Commodity Flow Study for the Highway 63 Corridor from August 1 -September 10, 2004, with costs not to exceed $2,100.00. 12. Nancy Gulick, Community Development Coordinator, and Ann Northey, Administrative Secretary, to attend IDIS Grantee Training sponsored by HUD in San Francisco, California, on September 22-26, 2004, with costs not to exceed $1,535.00 each. 13. Dave Keidel, Manager of Rehabilitation Services, to attend Iowa Association of Housing Officials Fall Conference in Waterloo, Iowa, on October 6-7, with costs not to exceed $190.00, including use of city vehicle. 14. Rudy Jones, Community Development Director, to attend HUD Technical Assistance Training in Des Moines, Iowa, on September 28-29, 2004, with costs not to exceed $242.00, including use of city vehicle. 15. Steve Bagenstos, Police Officer, to attend Traffic and Criminal Software User Group meeting in Des Moines, Iowa, on September 15-16, 2004, with costs not to exceed $109.00, including use of city vehicle. c. Beer License Permit Application Class C Kum & Go, 1976 Franklin Street Sunday Sales) Kum & Go, 1104 Washington Street Sunday Sales) Kum & Go, 117 E San Marnan Drive Sunday Sales) (Renewal) (Renewal) (Renewal) (Expires 11/02/05) (Includes (Expires 11/02/05) (Includes (Expires 11/02/05) (Includes d. Wine License Permit Application Class B Kum & Go, 1104 Washington Street (Renewal) (Expires 11/02/05) (Includes Sunday Sales) Kum & Go, 117 E. San Marnan Drive (Renewal) (Expires 11/02/05) (Includes Sunday Sales) e. f. Haunted House Application National Cattle Congress, 257 Ansborough Avenue 24, 28, 29, 30, 31, 2004 Bonds. Ayes: Seven. Motion carried. HEARINGS 120405 - Gunderson/Welper on October 15, 16, 22, 23, that proof of publication of notice of public hearing on request of Randy & Steve Hellman to rezone from "R-4" Multiple Residence District to "C-1" Commercial District property generally located at the southeast corner of LaPorte Road and Locke Avenue for the purpose of opening a new Dairy Queen, as published in the Waterloo Courier on September 2, 2004, be received and placed on file. Ayes: Seven. Motion carried. • • • • September 13, 2004 Page 3 HEARINGS CONTINUED 120406 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed and recommendation of approiral of the Planning, Programming and Zoning Commission be received and pla4ed on file. Ayes: Seven. Motion carried. 120407 - Gunderson/Kincaid that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 363 to Section 2AA-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120408 - Gunderson/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carrie4. 120409 - Gunderson/Schmitt that "an Ordinance amending Ordinance No. 2479, as emended, City Zoning Ordinance, by adding Subsection No. 363 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4717. 120410 - Schmitt/Kincaid that proof of publication of notice of public hearing on request of Midwest Auto Brokers to rezone from "C-1" Commercial District toy"C-1,C-Z" Conditional Zoning property generally located at the southeast Corner of Falls and Ansborough Avenues for the purpose of establishing an off-site used vehicles sales display lot, as published in the Waterloo Courier on September 2, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120411 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and plajced on file. Ayes: Seven. Motion carried. 120412 - Schmitt/Kincaid that "an Ordinance amending Ordinance No. 2479, as 'amended, City Zoning Ordinance, by adding Subsection No. 105 to Section 2A -'N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, reported that the rezoning includes the following conditions: A building to be erected within one year, the gravel area, submitted on the site plan, to be hard -surfaced within one year, removal of the gravel area and return toiexisting condition if area is not hard -surfaced, and no outside storage other than sale vehicles. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 120413 - Schmitt/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120414 - Schmitt/Kincaid that "an Ordinance amending Ordinance No. 2479, as ,amended, City Zoning Ordinance, by adding Subsection No. 105 to Section 2A -7N, Conditional Zoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4718. September 13, 2004 Page 4 HEARINGS CONTINUED 120415 - Kincaid/Greenwood that proof of publication of notice of public hearing on request of David Deeds to rezone from "R-3" Multiple Residence District and "C-1" Commercial District to "R -3,R -P" Planned Residence District property generally located along East 8th and Lafayette Streets for the purpose of constructing new single-family homes, as published in the Waterloo Courier on September 2, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120416 - This being the time and place of public hearing, the Mayor called for written and oral objections. City Clerk Nancy Eckert reported that the Planning and Zoning Department received opposition from 24 percent of the property owners within 250 feet of the rezoning request. Forest Dillavou, 1725 Huntington Road, expressed concern with the new homes as they will have very narrow lots. Mr. Dillavou stated he heard the buildings will be turned sideways facing the wrong direction. Mr. Dillavou stated in the 1700 block of Robin Road there is a four-plex that looks like a motel setting in a residential district. Mr. Dillavou urged the council not to pass the rezoning. Don Temeyer, Community Planning and Development Director, reported that these homes are not manufactured homes but two-story homes. The homes will face the front with the driveway and garage to the rear. David Deeds, 922 Mulberry Street, stated that this development will put homes in a neighborhood where there hasn't been new construction in over 80 years. The lot sizes are the same as those within the surrounding neighborhood. Mr. Deeds reported he will build three single-family homes which will be very attractive homes that will add to the neighborhood, and provide a boost to the neighborhood. Mr. Deeds stated he lives in this neighborhood and he wants to see it get better. Mr. Deeds stated the homes will have about 1,294 square feet of living space on the first and second floors and the basement will be stubbed in with room to finish it for 300 to 400 more living space. Mr. Deeds stated he feels it is important to do this type of development in older neighborhoods. The homes will sell for $120,000 to $124,900, have nine foot ceilings, 2 x 6 walls, be MidAmerican Energy compliant, have some ceramic tile, and hardwood floors in the entryway. Mr. Deeds stated he intends to start building the first week of October. Welper/Kincaid that the opposition from 24 percent of property owners within 250 feet of the request be received and placed on file. Ayes: Seven. Motion carried. 120417 - Welper/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 120418 - Kincaid/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 364 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120419 - Greenwood/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120420 - Kincaid/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 364 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4719. • • • September 13, 2004 HEARINGS CONTINUED 120421 - Cole/Schmitt Page 5 that proof of publication of notice of public hearing on request of Claassen Engineering on behalf of Norm Hayek to rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District property generally located west of Nottingham Addition for the purpose of a future residential subdivision, as published in the Waterloo Courier on September 2, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120422 - This being the time and place of public hearing, the Mayor called for written and oral objections. City Clerk Nancy Eckert reported that a letter was received from Jeff Kutz who is very much in favor of increasing the tax base. Mr. Kutz is concerned that the developer follow proper and accepted engineering techniques to handle additional storm sewer runoff during the design and construction of the subdivision. Jim O'Regan stated that this property was originally sold as agricultural land with a horse farm located south of the area. Mr. O'Regan} reported that there has been construction in the street all summer, with runoff into the storm sewer and into the creek all summer. Mr. O'Regan stated he has concerns when there is a one inch rainfall as to how it will affect downstream. Mr. O'Regan stated this is a nice neighborhood and community, but he feels that is a lot of houses for that area. Bill Claassen, Claassen Engineering, distributed copies of drawings showing the Prescotts Creek Drainage Area. Mr. Claassen reported the area is closer to Highway 63 and is four or five miles downstream from the Upper drainage basin. Mr. Claassen reviewed the areas contained within the 100 year flood plain, the 500 year flood plain and the floodway. Mr. Claassen stated that there will be no measurable impact on Prescotts Creek for a 100 year event because of its proximity to the mouth of the drainage area. A storm occurring on this drainage area will get into the receiving area more quickly then upstream. Mr. Claassen stated he understands the concerns of people living next to a stream, but just about every development in the city would be close to a stream of some kind. A lake will be constructed as part of the subdivision containing three surface acres. Excavation from the lake will be used in the street area of Crusade Drive to increase the height. Some of the material will be used in the future in the northern area of the subdivision. Mr. ClaaSsen stated according to the flood plain regulations, it is permissible to fill anywhere except in the flood plain, and that won't be necessary. Mayor Hurley asked if the storm sewer will dump into Prescotts Creek. Eric Thorson, City Engineer, responded that a number of subdivisions dump into Prescotts Creek so he assumes this one will too. Mr. Claassen reported that the trees along Lake Little ',John will remain as there is no construction along there. Norm Hayek, 4720 West 4th Street, reported there was a lot Of development in the area this summer because he is trying to get this subdivision going. Welper/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, letter from Jeff Kutz and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 120423 - Welper/Cole that "an Ordinance amending Ordinance No. 2479, as aijnended, City Zoning Ordinance, by adding Subsection No. 365 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120424 - Welper/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Clark. Motion carried. 120425 - Welper/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 365 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Five. Nays: Greenwood, Clark. Ordinance adopted and upon approval by Mayor assigned No. 4120. September 13, 2004 Page 6 PETITIONS FROM PUBLIC 120426 - Kincaid/Schmitt that communication from Senior Planner transmitting request of David Hagedorn, Sandra Sturch and Donald and Shirley Frana to vacate, sell and convey the 16 foot platted alley generally located south of Shultz Street between Idaho and Wyoming Streets for $685.44, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 27, 2004, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-618. DOCUMENTS 120427 - Cole/Schmitt that communication from Associate Planner transmitting request of Richard Rath for tax exemptions on improvements totaling $2,928.00 for property located at 313 Carrington Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-619. 120428 - Cole/Schmitt that communication from Associate Planner transmitting request of Bruce and Marlene Radloff for tax exemptions on improvements totaling $60,000.00 for property located at 538 Archer Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-620. 120429 - Cole/Schmitt that communication from Leisure Services Director transmitting reassignment of the Young Arena Lease and Use Agreement from Northwest Sports, Inc. to Black Hawk Hockey, Inc., be received, placed on file and "Resolution approving said reassignment", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-621. 120430 - Cole/Schmitt that communication from City Planner transmitting an application for Statewide Enhancement Grant Program grant for the development of multi -use trail between Mullan Avenue and Cedar Bend Park along the north side of the Cedar River at a cost of $704,150.00, with city match of $211,245.00, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-622. 120431 - Cole/Schmitt that communication from Senior Planner transmitting Memorandum of Understanding with INRCOG to write application for Statewide Enhancement Grant Program for the development of multi -use trail between Mullan Avenue and Cedar Bend Park along the north side of the Cedar River at a cost of one and one-half percent of funds awarded, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-623. • • • September 13, 2004 • Page 7 RESOLUTIONS TO BE ADOPTED 120432 - Greenwood/Kincaid that "Resolution approving and accepting acquisition of ealsements from Ferguson Enterprises, Inc. at no cost, Skyview LC at a cost of $5i500.00 and Vince and Paula McFadden at a cost of $5,800.00 in conjunction with extension of sewer along Independence Avenue, just east of Skyview Drive as part of the Ferguson Distribution Center Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. ,2004-624. ORDINANCES TO BE ADOPTED 120433 - Clark/Schmitt that "an Ordinance amending the 2003 Traffic Code by repe4ling Subsections (4) Lafayette Street and (14) Sycamore Street of Section 542,1 One -Way Streets and Alleys (change Lafayette Street from E. 11th Street tO Mullan Avenue and Sycamore Street from E. 11th to E. 1st Street from one-way to two-way streets)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments) were heard. Janet Wilcox, 52 Lafayette Street, asked the council to eave the streets as they are because people are use to them. Ms. Wilcox asked if in the future is the city going to tear down any building in the 100 blockjof Lafayette. Mayor Hurley responded not at this time. Tim Wilcox, 52 Lafayette Street, stated he noticed the city wants to change Sycamore and Lafayette Streets from one-way streets to two-way streets and asked why change now. Mr. Wilcox stated that after all these years this change could cause big problems and accidents and be a hazard. Mayor Hurley stated that this change has been studied by engineers and is well thought out. Mayor Hurley stated that this change is part of the Downtown Master Plan and part of the philosophy of urban planning. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 120434 - Gunderson/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried, 120435 - Gunderson/Greenwood that "an Ordinance amending the 2003 Traffic Code by repealing Subsections (4) Lafayette Street and (14) Sycamore Street of Section 542,1 One -Way Streets and Alleys (change Lafayette Street from E. 11th Street to Mullan Avenue and Sycamore Street from E. 11th to E. 12t Street from one-way to two-way streets)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4/21. NEW BUSINESS 120436 - Clark/Welper to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. in conjunction with Metal Roof Restoration for Solid Waste Storage and Repair Center at Pollution Control, be received, placed on file and approved. Ayes: Seven. Motion carried. 120437 - Clark/Schmitt that specifications, form of contract, etc. in conjunction with Metal Roof Restoration for Solid Waste Storage and Repair Center at Ppllution Control, be received and placed on file. Ayes: Seven. Motion carried. 120438 - Clark/Schmitt that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-625. September 13, 2004 Page 8 NEW BUSINESS CONTINUED 120439 - Clark/Schmitt that "Resolution setting date of hearing on specifications, form of contract, etc. as September 27, 2004, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-626. 120440 - Clark/Welper to instruct Fire Chief to prepare specifications, form of contract, etc. in conjunction with Purchase of 2005 Ambulance Chassis, be received, placed on file and approved. Ayes: Seven. Motion carried. 120441 - Clark/Schmitt that specifications, form of contract, etc. in conjunction with Purchase of 2005 Ambulance Chassis, be received and placed on file. Ayes: Seven. Motion carried. 120442 - Clark/Schmitt that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-627. 120443 - Clark/Schmitt that "Resolution setting date of hearing on specifications, form of contract, etc. as October 11, 2004, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-628. 120444 - Clark/Welper to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. in conjunction with Gates Pool Renovation at a cost of $95,500, be received, placed on file and approved. Ayes: Seven. Motion carried. 120445 - Clark/Schmitt that specifications, form of contract, etc. in conjunction with Gates Pool Renovation at a cost of $95,500, be received and placed on file. Ayes: Seven. Motion carried. 120446 - Clark/Schmitt that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-629. 120447 - Clark/Schmitt that "Resolution setting date of hearing on specifications, form of contract, etc. as September 27, 2002, at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-630. 120448 - Greenwood/Welper that communication from City Planner transmitting request to rescind Resolution No. 2001-351 and sell and convey park land generally located adjacent to Cunningham School for Excellence to the Waterloo Community School District for $1.00, be received, placed on file and "Resolution setting date of hearing as September 27, 2004, 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: Seven. Resolution adopted and upon approval of Mayor assigo lred No. 2004-631. • September 13,2004 • • Page 9 Pg ORAL PRESENTATIONS 120449 - Arthur Anderson, 1000 Ash, reported that a semi -truck isl him at 1203 Beech Street. Mr. Anderson stated that no one house should be torn down. There are leaves growing, Cutwright, Building Official/Maintenance Administrator,; concern to proper staff. parked next door to lives there, and the in the eaves. Lou will forward this Mr. Anderson stated that machines chopped up the cement on Shilliam, North Barclay and Southview, and then left for three months. This is hard on the cars. Mayor Hurley responded that typically it is subcontractors who go all over the city doing their part. Mayor Hurley will have the Engineering Department look at this. Mr. Anderson stated he is concerned there are no sidewalks from Cunningham School to Newell Street. Mr. Anderson stated he understands there are no houses on that side of the street, but there are houses on the other side. Mr. Anderson stated that sidewalks will make it safer for thle kids. Mayor Hurley responded he will visit with the City Engineer. Welper/Kincaid that the above oral comments be received and placed on ,'file. Ayes: Seven. Motion carried. 120450 - Welper/Gunderson that the Council adjourn to Executive Session at 6:42 Motion carried. EXECUTIVE SESSION p.m. Ayes: Seven. Jim Walsh, City Attorney, stated that discussion of Dmek settlement is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (c) (2003) . 120451 - Welper/Gunderson that the Council adjourn Executive carried. Session at 6:52 120452 - Cole/Gunderson that the settlement agreement with and approved. Ayes: Seven. Motion ADJOURNMENT 120453 - Welper/Gunderson that the Council adjourn at 6:53 p.m. Ayes: Seven. Motj_on carried. p.m. Ayes: Seven. Motion Kathryn Domek be received, carried. placed on file /tAxlz. g162A-t Nancykert, CMCJ City Clerk