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HomeMy WebLinkAboutMinutes-01/18/2005• • January 18, 2005 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 Tuesday, January 18, 2005 Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Councilperson Ron Welper. 120989 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Tuesday, January 18, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 120990 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, January 10, 2005, at 5:30 p.m., be accepted and Approved. Ayes: Seven. Motion carried. Presentation of Asphalt Paving Association of Iowa Smoothness Award for Midway Drive Project. CONSENT AGENDA 120991 - Welper/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-71, dated January 18, 2005, in the amount of $714,100.76, 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. 2005-20. 2. Communication from City Clerk transmitting request of John W. Miller for an exception to burning yard waste to burn approximately 2.5 acres of prairie grass located on South Kimball behind 145 Blaine Road on the edge of the city limits during March -April 2005, together with recommendation of approval of Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor assigned No. 2005-21. 3. Communication from City Clerk transmitting request of Randall Fencl, 334 Carrington Avenue, for a variance to the Noise Ordinance on May 28, 2005 in conjunction with a live band performing at a wedding reception, together with recommendation of Police Chief to allow them to play from 6:00 p.m. to 11:00 p.m. and not to exceed 80 dBA. Resolution adopted and upon approval by Mayor assigned No. 2005-22. 4. Communication from Police Chief transmitting request of March of Dimes to hold 2005 March of Dimes WalkAmerica event on April 23, 2005 from 9:00 a.m. until 11:30 a.m., with walk to start and finish at Central Middle School. Resolution adopted and upon approval by Mayor assigned No. 2005-23. b. Motion -to approve the following: 1. Todd Derifield, City Forester, to attend Midwestern Chapter of International Society of Arboriculture Annual Conference in Bettendorf, Iowa on April 2-4, 2005, with costs not to exceed $389.40, including use of city vehicle. 2. Lawrence Harms, Forestry Foreman, to attend Midwestern Chapter of International Society of Arboriculture Annual Conference in Bettendorf, Iowa on April 2-4, 2005, with costs not to exceed $329.40, including use of city vehicle. January 18, 2005 Page 2 Consent Agenda - continued 3. Kent Shankle, Curator; and Cammie Scully, Director of Cultural & Arts Commission, to deliver exhibition to Sioux City, Iowa on February 4-5, 2005, with costs not to exceed $280.00, including use of city vehicle. 4. Roger Carr, Fire Department Instructor, to teach Incident Command class in Eldora, Iowa on January 17, 2005, with costs not to exceed $225.00. c. Liquor License Permit Application Class E Hy -Vee Food & Drugstore, 1422 Flammang Drive (Renewal) (Expires 2/8/06) (Includes Sunday Sales) d. Beer License Permit Application Class C Hy -Vee Food & Drugstore, 1422 Flammang Drive (Renewal) (Expires 2/8/06) (Includes Sunday Sales) e. Wine License Permit Application Class B Hy -Vee Food & Drugstore, 1422 Flammang Drive (Renewal) (Expires 2/8/06) (Includes Sunday Sales) Ayes: Seven. Motion carried. HEARINGS & BIDS 120992 - Gunderson/Clark that proof of publication of notice of public hearing on Men's Police Locker Room Remodel, at a total project cost of $80,000.00, as published in the Waterloo Courier on December 29, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120993 - 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. Ayes: Seven. Motion carried. 120994 - Gunderson/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Men's Police Locker Room Remodel, at a total project cost of $80,000.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-24. 120995 - Gunderson/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-25. 120996 - Gunderson/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Bond Bid Amount Kidder Construction, Waterloo, IA Prairie Construction, Waterloo, IA Paul Christensen Construction, Cedar Falls, IA Ayes: Seven. Motion carried. • • 5% $34,367.00 5% $37,450.00 5% $43,750.00 January 18, 2005 1 • UNFINISHED BUSINESS 120997 - Clark/Welper Page 3 that communication from Fire Chief transmitting recommendation of award of contract in the amount of $23,908.00 to Dick Witham Ford of Waterloo, Iowa in conjunction with 2005 Ford Ambulance Chassis for Waterloo Fire Rescue, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-26. 120998 - Clark/Welper that communication from Fire Chief transmitting recommendation of award of contract in the amount of $173,890.50 to Lifeline Ambulance Company of Sumner, Iowa in conjunction with purchase of Two Ambulance Boxes With Related Equipment, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-27. REPORTS 120999 - Welper/Kincaid that communication from City Engineer transmitting Preliminary Design Report for the Cedar Valley Riverfront Renaissance Waterloo Vision Iowa Projects, be received, placed on file and "Resolution approving said Preliminary Design Report", be adopted. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, stated that a copy of the report is available for review in the City Clerk's office and Engineering office. Copies will be made at a per page cost. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-28. DOCUMENTS 121000 - Schmitt/Gunderson that communication from Airport Director transmitting agreement at a cost not to exceed $100,000.00 with Sabre, Inc. of Minneapolis, Minnesota in conjunction with Air Services Consultant Services for Waterloo Airport, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-29. 121001 - Schmitt/Gunderson that communication from Airport Director transmitting agreement at a cost not to exceed $300,000.00 with ME&V of Cedar Falls, Iowa in conjunction with Marketing Communication Services for Waterloo Airport, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-30. 121002 - Schmitt/Gunderson that communication from Senior Planner transmitting Final Plat of Summerland Farm, together with Staff Report and Report of City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-31. January 18, 2005 Page 4 Documents - continued 121003 - Schmitt/Gunderson that communication from City Planner transmitting agreement with Howard R. Green Company in the amount of $15,000.00 for Phase I environmental testing of the Black Hawk Sprinklers site, 1100-1106 Sycamore Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-32. 121004 - Schmitt/Gunderson that communication from City Planner transmitting agreement with Iowa Department of Economic Development for Housing Enterprise Zone Program incentives for Cash Flow Financial Group, LLC dba My Own Home for project located within a state certified Enterprise Zone, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Jim Walsh, stated that the council is not making any qualitative decision or endorsing My Home. This action just acknowledges receipt of the document from the state and passes it on for the next step. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2005-33. 121005 - Cole/Schmitt that communication from Associate Engineer transmitting an agreement with Union Pacific Railroad for installation of cantilever warning device and associated signal equipment at a cost of $51,570.00 in conjunction with modification of existing railroad crossing signal system at Sycamore Street Crossing between 6th and 7th Streets, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion,•the following comments were heard. Councilperson Welper stated he will vote yes for the two agreements with Union Pacific Railroad, but wanted to state his displeasure with them. The city shares the intersection with Union Pacific Railroad, but the city is paying all the cost for this project. Councilperson Welper stated he feels the railroad should share the cost with the city. Eric Thorson, City Engineer, stated this is something the city wants to do, so we have to pay the cost. Mr. Thorson stated that some times we share costs with the railroad, but the city is wanting this device installed. Mr. Thorson stated that GO Bonds allocated for downtown improvements will be used to pay for the equipment. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-34. 121006 - Cole/Schmitt that communication from Associate Engineer transmitting an agreement with Union Pacific Railroad for installation of cantilever warning device and associated equipment at a cost of $51,570.00 in conjunction with modification of existing railroad crossing signal system at Lafayette Street Crossing between 6th and 7th Streets, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-35. • • January 18, 2005 • • Documents - continued 121007 - Cole/Schmitt Page 5 that communication from Associate Engineer transmitting Professional Services Agreement with Earth Tech, Inc. at an estimated cost of $15,000.00 to evaluate the existing Sunnyside Watershed Study, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-36. 121008 - Cole/Schmitt that communication from Director of Cultural and Arts Commission transmitting an agreement with Invision Architecture at a cost of $300,500.00 to design and oversee construction of the Youth Pavilion addition to the Waterloo Center for the Arts, with a total project cost of $4,409,700.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Cammie Scully, Director of Cultural and Arts Commission, reported that they are planning on breaking ground in March 2005, with the project to be completed in one year. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval.by Mayor assigned No. 2005-37. RESOLUTIONS TO BE ADOPTED 121009 - Gunderson/Welper that "Resolution dedicating an easement for a 12' storm sewer located between 2260 Logan Avenue and 2222 Logan Avenue for sewer purposes", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-38. 121010 - Schmitt/Clark that "Resolution accepting a permanent easement from David and Susan Yuska and dedicating said permanent easement for construction, maintenance and repair of one traffic overhead sign, truss, structure, including footing, and signs to be located on Highway 218, just behind 1206 Washington, near the 11th Street intersection", be adopted. Prior to a vote on the above motion, the following comments were heard. Sandie Greco, Superintendent of Traffic Operations, reported the Traffic Engineer designed directional signs for traffic heading towards Crossroads and the Downtown. This project is state.funded. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-39. 121011 - Cole/Schmitt that "Resolution supporting submission of an application for Community Attraction and Tourism Program (CAT) funding for the National Cattle Congress renovation project of $6,195,320.00, with the City of Waterloo's match of $800,000.00 with the City of Waterloo's total cost including interest being $984,312.00, and rescinding Resolution No. 2002-701 in its entirety", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Cole read the proposed resolution on tonight's agenda. January 18, 2005 Page 6 Resolutions to be Adopted - continued Councilperson Greenwood read a letter from former Mayor John Rooff asking the council to uphold the commitment of $2.4 million to the National Cattle Congress. Welper/Kincaid that the letter from former Mayor John Rooff be received and placed on file. Ayes: Seven. Motion carried. 121012 - Wally Mochal, President of the National Cattle Congress Board of Directors, stated the National Cattle Congress (NCC) is a major event center in the Cedar Valley. Over 90,000 attended the National Cattle Congress Fair last fall. Mr. Mochal stated many events are held at the NCC throughout the year bringing in 200,000 customers/visitors to their facilities. The renovation project focuses on McElroy Auditorium and turning it into a 12 month facility with a new HVAC system to help grow attendance which helps Black Hawk County and the city. Mr. Mochal asked the council to support the $2 million pledged by the City of Waterloo which will ensure approval of their project for CAT funding. Mr. Mochal stated the NCC needs the council's continued support and their previous commitment of $2 million. Evan Hultman, a member of the National Cattle Congress Ad Hoc Committee, read from a prepared statement so that his comments would be a matter of record not his memory. Mr. Hultman stated he is disappointed with what is in tonight's proposed resolution. Mr. Hultman stated a council work session was held in December 2004 to clarify the position of support for the NCC and confirm what had previously been supported for the NCC. Mr. Hultman read from a Courier article dated December 15, 2004 in which Jim Walsh, City Attorney, stated that the only commitment to the NCC is $2 million for a $17 million project which is also contingent on the CAT grant. Mr. Hultman referred to Resolution No. 2002- 701 adopted by the council on December 2, 2002 and signed by Mayor Pro Tem Harold Getty. Mr. Hultman read the following paragraph from Resolution No. 2002-701: "Whereas, without the Vision Iowa Program funding the National Cattle Congress would not be able to fully finance the construction of its project, and possibly damage the chances of the overall project as all the different components rely upon each other for success." Mr. Hultman stated this says this is a connected matter. Mr. Hultman stated before the December council meeting, there was a new project for the NCC, a reduced project because Des Moines made it clear the NCC would have to raise an x amount of millions in a few days which was impossible for them. Mr. Hultman stated the Chairman recommended the NCC submit an application for a CAT grant, which they immediately did. That application had nothing to do with.the $17 million project, but was for a $6 million project. Mr. Hultman stated the confusion seems that Council Records 117778 and 117779 of the December 2, 2002 meeting show the resolution adopted at the city council meeting is not the resolution signed by Mayor Pro Tem Getty and attested by City Clerk Nancy Eckert. Council Record 117779 shows the council pledged $2 million to the NCC in support of its project. Council Record 117779 states, "Resolution pledging $2,460,320.00, including interest, to National Cattle Congress in support of their application to Vision Iowa for CAT funding for renovation of National Cattle Congress grounds and buildings." Mr. Hultman stated that Resolution No. 2002-701 is not the resolution that took place that night, but that resolution was made after the meeting. The resolution approved by Council Record 117779 was not part of the $17 million project. Mr. Hultman stated if you look at the council action and resolution, that resolution is not the resolution the council took specific action on that night. Mr. Hultman stated he was not at tonight's meeting to be critical, but to be helpful. Mr. Hultman stated that Resolution No. 2002-701 is not the resolution that was passed that particular night, but another resolution discussed before the meeting. Mr. Hultman stated the council needs to clarify clearly what they are doing tonight, and personally, he is very disappointed with what the council is doing tonight. Mr. Hultman stated the action by this resolution will throw out the CAT grant because their application was based on what took place that night, and that giving $800,000.00 rather than $2 million, plus interest, will put their project in jeopardy. Mr. Hultman stated he feels the council has a legal obligation. Mr. Hultman stated he is concerned we do the right thing, and that they can go forward with their projct. Mr. Hultman stated he is not accusing anyone of anything. Mayor Hurley stated he spent two hours today listening to the November 27, 2002 council work session and December 2, 2002 council meeting. The agenda item does not say it all as the resolution is two pages full of whereases. Mayor Hurley stated at the agenda meeting on November 27, 2002 the NCC $17 million project was mentioned several times. Mayor Hurley stated Items 18 and 19 relating to Vision Iowa were on the December 2, 2002 council agenda. • • • January 18, 2005 Page 7 Resolutions to be Adopted - continued Item 18 was the application for funding for the Cedar River Renaissance Plan. Mayor Hurley stated that Resolution No. 202-646 originally tied all the projects together and just like tonight, we pulled language from the previous resolution when drafting Resolution No. 2002-701. Mayor Hurley stated that the November 27, 2002 agenda meeting lasted 90 minutes to two hours. Mayor Hurley read his notes from the discussion he heard when he listened to the tape from the agenda meeting and reviewed the conversation from the agenda meeting. Mayor Hurley stated that former Mayor Rooff then took a pulse of the council member. The discussion was if Vision Iowa did not approve CAT funding for the total amount requested, the NCC would have to come back to the council for any funding. Mayor Hurley noted that at the 'November 27, 2002 council work session Councilperson Greenwood stated he was comfortable with the resolution but wanted a metric, and Councilperson Clark stated the funding must be incremental. Mayor Hurley noted that former Mayor Rooff stated at the November 27, 2002 meeting if the NCC only gets $10 million, then the city would reduce its amount. Several other council members also spoke about the proposed funding at the November 27, 2002 meeting. Mayor Hurley reported that at the December 2, 2002 council meeting the discussion lasted about ten minutes. A gentlemen spoke on behalf of the dog track. Mayor Hurley stated that night there was no mention of the $17 million NCC project, but he thinks that was because the council understood from the previous Wednesday meeting and the copy of the proposed resolution that was in their council packet. Mayor Hurley stated he doesn't think there was a lot of discussion at the December 2, 2002 council meeting because the council was well satisfied what the issues were. Mayor Hurley stated he and council members support the NCC renovation project, and the proposed resolution leaves the door open for the $2 million. Mayor Hurley stated that in listening to the tapes, he does not recall anything happening from the Wednesday meeting to the council meeting. Dick Donnelly, 10502 LaPorte Road, stated he supports the NCC because this is an opportunity to improve the facility. Mr. Donnelly stated the NCC not only has historic roots, but it can bring a lot back into the city. Mr. Donnelly stated he supports the Quarter Horse Association, and that they have had three tremendous events, which brought a lot of money back into the city. Mr. Donnelly stated that last year Reicherts Horse Show moved its event to St. Louis. When they were here, they had over 700 entries, and in St. Louis they have had 1,400 entries. Mr. Donnelly stated that Reicherts would like to bring its event back to the city, but they need major improvements to the building. Mr. Donnelly stated he feels the council's original proposal should go through, and then the association will support bringing Reicherts back. Mr. Donnelly stated the amount should not be based on what the state is giving but based on what is good for the city. Mr. Donnelly stated the horse people are rich and spend lots of money. Mayor Hurley asked Mr. Donnelly if he knew of any other non-profit entity that gets this kind of money from the city, and Mr. Donnelly responded no he did not. Craig Strein, owner of Silver Spur Saddle Shop and a member of the National Cattle Congress Board, stated he puts a lot of energy into helping the NCC because he believes it helps our community. Mr. Strein stated his is a small business, and he knows the economic impact a well run business can have on the city. Mr. Strein urged the council to approve the $2 million as it will have a huge impact on our community. Mr. Strein stated it is tough to spend money, but it will be money well spent. Mr. Strein urged the council to approve the $2 million. Councilperson Welper stated that hey thinks it is suffice to say that all the council members support the NCC. Councilperson Welper noted the NCC is receiving a little over $1 million from Black Hawk County, $235,000 in private donations and $2 million from the city. Councilperson Welper stated that every community in Black Hawk County profits or loses by the success of the NCC, but there is a tremendous amount of other needs in the city. Councilperson Welper stated $2 million is 30 percent of the total NCC project, and he can't do that. Councilperson Welper stated the NCC needs to get dollars from other cities and needs to look elsewhere. January 18, 2005 Page 8 Resolutions to be Adopted - continued Councilperson Greenwood stated he gontinues to support the NCC at $2 million because the council intended to do that when they passed the original resolution. Councilperson Greenwood stated it is all part of a comprehensive plan, and at times a lot of things changed as far as plans for the city and the NCC. Councilperson Greenwood stated it was kind of like a sausage making process where there were a lot of things changing as you went along. Councilperson Greenwood stated at the end of the day, its an all inclusive plan. Councilperson Greenwood stated the people he talked to support it, and he will continue to support it at $2 million. Councilperson Schmitt stated that the Courier said the council has an obligation, and they do have a moral obligation to the citizens they represent. Councilperson Schmitt stated the proposed resolution is still at the same level of support. Councilperson Schmitt stated he doesn't think the city should give $2 million without stipulation, and he is in favor of the proposed resolution. Councilperson Schmitt stated that the NCC is a vital institution in our community. Councilperson Clark stated the council gave an original commitment of $2 million based on the $17 million project. Councilperson Clark stated there was no confusion that it was for $17 million, but the resolution did not say the amount would be reduced incrementally if the project were reduced. Councilperson Clark stated he feels it is wrong to reduce the city's commitment, and we need to stay with the $2 million support for the NCC. Councilperson Gunderson stated he talked with former Councilperson Harold Getty about the resolution and asked him if there were any confusion on the amount granted and what the money was for. Councilperson Gunderson noted that Mr. Getty served on both the council and the NCC Board. Councilperson Gunderson stated that Mr. Getty's recollection is the $2 million commitment was based on a $17 million project. Councilperson Gunderson stated he will approve tonight's resolution because it is aligned with the other resolution. Mayor Hurley stated that there is not a bunch of money saying this is for the NCC that the city is robbing. When the Solid Waste money came into being, the council put together a list of items the money could be used for, such as restoring the garbage fund, property taxes, etc. Mayor Hurley stated there was nothing that clearly designated the money for one specific project and now we are stealing from it. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Greenwood, Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-40. NEW BUSINESS 121013 - Greenwood/Gunderson that communication from Senior Planner transmitting request of Daniel Wolf to sell and convey for $230.40 the 10' platted alley generally located between Lots 7 and 8 in the 100 block of Madison Street and rescinding Resolution No. 2000- 305, be received, placed on file and "Resolution setting date of hearing as February 7, 2005 at 5:30 p.m. in the City Hall Council Chambers on above said request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-41. 121014 - Greenwood/Gunderson that communication from City Planner transmitting request of Ron Weber to accept $9,094.00 for property generally located at the northwest corner of Highway 218 and West 11th Street and issue a new deed and sell and convey said property, be received, placed on file and "Resolution setting date of hearing as February 7, 2005, at 5:30 p.m. in the City Hall Council Chambers on above said request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-42. • • • • January 18, 2005 Page 9 New Business - continued 121015 - Greenwood/Gunderson to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2005 Salvaged Asphalt Crushing, Contract No. 693, be received, placed on file and approved. Ayes: Seven. Motion carried. 121016 - Schmitt/Gunderson that plans, specifications, form of contract, etc. in conjunction with F.Y. 2005 Salvaged Asphalt Crushing, Contract No. 693, be received and placed on file. Ayes: Seven. Motion carried. 121017 - Schmitt/Cole that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-43. 121018 - Schmitt/Kincaid that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as February 7, 2005 at 5:30 p.m. in the City Hall Council Chambers and taking 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. 2005-44. 121019 - Welper/Cole that the council adjourn to Executive Session at 6:50 p.m. Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property located at 107 East 8th Street as part of the Riverfront Renaissance Plan is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (j) (2003) . EXECUTIVESESSION 121020 - Welper/Cole that the council adjourn Executive Session at 6:57 p.m. Ayes: Seven. Motion carried. 121021 - Welper/Gunderson that "Resolution establishing the amount of just compensation for certain property to be acquired for construction of market rate housing and authorizing the use of condemnation procedures for acquisition of said properties in furtherance of the objectives of Downtown Urban Renewal Plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-45. ADJOURNMENT 121022 - Gunderson/Cole that the Council adjourn at 6:59 p.m. Ayes: Seven. Motion carried. • l Nancy ckert, CMC City Clerk