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HomeMy WebLinkAboutMinutes-04/04/2011April 4, 2011 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, April 4, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Mayor Buck Clark. 136187 - Hart/Schmitt that the Agenda, as amended adding an executive session, for the Regular Session on Monday, April 4, 2011, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 136188 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 28, 2011, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Clark Recognized the April Team Member of the Month, Mike Jenn. CONSENT AGENDA 135189 - 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 Schedule AP642, pp. 1-63, dated April 4, 2011, in the amount of $973,054.58, 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. 2011-239. 2. Request of Hawkeye Valley Area Agency to hold Aging Walk event to be held on Thursday, May 26, 2011 at 10:00 a.m., with the route to start at Young Arena east along Commercial Street, right on W. Park Avenue, left on Washington Street, right on W. 3rd Street, left on Commercial Street and end at Young Arena -Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-240. 3. Request of Easter Seals Camp Sunnyside to hold Pony Express Ride within Black Hawk County on Friday, April 22, 2011 to enter Waterloo city limits at approximately 3:15 p.m. with riders parade route to start along Lafayette Street from the city limits of Evansdale to Waterloo, right on E. 6th Street to Mulberry Street, left on Mulberry Street to City Hall - Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-241. 4. Request of Waterloo Community Playhouse/Black Hawk Children's Theater to hold a 5K run/walk event on Saturday, June 11, 2011 at 7:30 a.m., with route to start at Young Arena west along River Road, take River Rd. one mile to the middle of the bridge, turn around and run past Young Arena along Commercial Street, right on W. 2nd Street, left on Washington Street, left on W. 4th Street and end at Lincoln Park -Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-242. 5. Request of Black Hawk Contracting and Development for tax exemptions on improvements totaling $125,000.00 for property located at 324 Madison Street and located in the Consolidated Urban Revitalization Area -Submitted by Shane Graham, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-243. April 4, 2011 b. Motion to approve the following: 1. 2. 3. Page 2 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Paul Huting, Leisure Services Director Iowa Park and Recreation Association 2011 Spring Conference Davenport, Iowa April 10-13, 2011 $598.64 Officer Eryn Hageman Technical Accident Investigation School Johnston, Iowa April 3- 15, 2011 $470.00 Equipment Operator I, effective April 5, 2011. 4. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Phil Thomas Memorial Hall Commission December 1,2013 Re -Appointment Don Bessman Memorial Hall Commission December 1, 2013 New Appointment (as Alternate) Richard Hastings Memorial Hall Commission December 1,2013 Re -Appointment Kristine Reeves Memorial Hall Commission December 1, 2013 New Appointment (as Alternate) Marcia Courbat Memorial Hall CommissionRe-Appointment December 1,2013 Don Ticknor Memorial Hall Commission December 1,2013 Re -Appointment Ron McMahon Memorial Hall CommissionNew December 1,2013 Appointment Sherman Lundy Memorial Hall Commission December 1, 2013 New Appointment pP (as Alternate) Class B Beer License Permit Application 5. National Dairy Cattle Congress - Arena Grounds, 250 Ansborough Avenue (Transfer to Pepsi Pavilion on 4/8/11) Class C Liquor License Permit Application 6. National Dairy Cattle Congress - Pepsi Pavilion, 250 Ansborough Avenue (Transfer to Arena Grounds on 4/8/11) Fireworks Display Application 7. National Cattle Congress, 250 Ansborough Avenue (April 8, 2011) 8. Bonds Ayes: Seven. Motion carried. Mr. Schmitt abstained from the bill payment to Schmitt Telecom. Mayor Clark welcomed Matthew Schafer to the position of Equipment Operator I OTHER COUNCIL BUSINESS 136190 - Greenwood/Schmitt that the request from Vaska Tosic for an exception to the City of Waterloo Residency of Critical Municipal Employees and City Department Heads Policy, be received, placed on file and approved. Ayes: Five. Nay: Two (Schmitt, Welper.) Motion carried. Dan Trelka, Director of Safety Services, explained that Officer Tosic is in a relationship with another officer who is grandfathered in to the prior residency policy and is required to live within 20 miles of City Hall. Per the policy, Officer Tosic falls under the newer policy and is required to live within 10 miles of City Hall and she is requesting an exception to allow her to live with April 4, 2011 Page 3 the other officer who is intending to build a house approximately 15 miles from City Hall. Mr. Welper expressed concern with the distance of the exception and setting precedence. Ms. Cole and Mr. Jones felt this is a unique situation and the request should be granted. Mr. Hart questioned and the City Clerk confirmed that if either party should move from the home where the exception is being granted, they will once again have to follow the residency policy. Mayor Clark cautioned Council that they would be setting precedence by issuing an exception. PUBLIC HEARINGS 136191 - Schmitt/Hart that proof of publication of notice of public hearing on Request of Mr. and Mrs. Ickey Buchanan for the sale and conveyance of city -owned property generally located at 215-217 Courtland Street for $750.00 per lot for a total of $1,500.00, minus cleanup costs of $1,000.00 for the purpose of building a 3 - stall garage on the property, as published in the Waterloo Courier on March 30, 2011, be received and placed on file. Ayes: Seven. Motion carried. 136192 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Hart that the hearing be closed. Ayes: Seven. Motion carried. 136193 - Schmitt/Hart that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-244. 136194 - Hart/Greenwood that proof of publication of notice of public hearing on F.Y. 2011 Street Reconstruction Program, Contract No. 798, as published in the Waterloo Courier on March 23, 2011, be received and placed on file. Ayes: Seven. Motion carried. 136195 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed Ayes: Seven. Motion carried. 136196 - Hart/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Street Reconstruction Program, Contract No. 798", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-245. 136197 - Hart/Greenwood that "Resolution ordering construction in conjunction with F.Y. 2011 Street Reconstruction Program, Contract No. 798", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-246. April 4, 2011 136198 - Hart/Greenwood Page 4 to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Division I Total Base Bid + Alternate A Division I Total Base Bid + Alternate B Division II (Water Main) Division I Total Base Bid + Alternate A + Division II Division I Total Base Bid + Alternate B + Division II Aspro, Inc. 3613 Texas St PO Box 2620 Waterloo, IA 50704 5% $4,251,258.60 Concrete Foundations 2010 Kenwood Ave New Hampton, IA 50659 5% $4,627,315.92 $271,609.00 $4,898,924.92 Ayes: Seven. Motion carried. RESOLUTIONS 136199 - Cole/Hart that "Resolution approving the award of hotel/motel discretionary funding to the following entities: Waterloo Community Playhouse in the amount of $2,000.00; United Sisters of Black Hawk County in the amount of $5,000.00; Kiwanis Club in the amount of $10,000.00; Waterloo Homecoming Association in the amount of $6,000.00 -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-247. 136200 - Cole/Hart that "Resolution approving the award of FYE2012 hotel/motel discretionary funding to the Waterloo Municipal Band in the amount of $22,431.00 -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-248. 136201 - Cole/Hart that "Resolution approving the design and installation of the sign faces to the Five Sullivan Brothers Convention Center pylon sign -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-249. 136202 - Getty/Cole that "Resolution approving award of contract to B & B Lawn Care Inc. of Waterloo, Iowa in conjunction with 2011 Right -of -Way Mowing in the following amounts: Option A - $28.45 per acre; Option B - $28.45 per acre; Option C - $20.00 per acre; Option D - $26.50 per acre; Option E - $45.00 per acre; Option F - $600.00 per acre -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Ayes: Seven. Paul Huting, Leisure Services Director, reported that the $600 per acre is only two acres and is a lot of handwork, is only done a few times a year, is a fenced area, and is a Virden Creek flood area. Resolution adopted and upon approval by Mayor assigned No. 2011-250. 136203 - Getty/Cole that "Resolution approving Contract, Bonds and Certificates of Insurance with B & B Lawn Care Inc. of Waterloo, Iowa in conjunction with 2011 Right -of -Way Mowing; and authorize Mayor and City Clerk to execute said documents -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-251. April 4, 2011 Page 5 136204 - Getty/Cole that `Resolution approving Contract, Bonds and Certificates of Insurance in the amount of $1,514,212.00 with Peters Construction Corporation of Waterloo, Iowa in conjunction with F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808; and authorize Mayor to execute said documents -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-252. 136205 - Welper/Hart that "Resolution approving award of contract to Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in the amount of $93,396.54 in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repairs, Contract No. 804 -Submitted by W. Wayne Castle, PLS, EI, Associate Engineer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-253. 136206 - Welper/Hart that "Resolution approving Contract, Bonds and Certificates of Insurance in the amount of $93,396.54 with Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repairs, Contract No. 804; and authorize Mayor and City Clerk to execute said documents -Submitted by W. Wayne Castle, PLS, EI, Associate Engineer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-254. 136207 - Welper/Hart that "Resolution approving the Final Plat of Anderson's Ninth Addition together with staff report, aerial photograph, final plat, Deed of Dedication, Certificate of Survey and Report of the City Engineer -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-255. 136208 - Schmitt/Hart that "Resolution accepting and approving the acquisition of property generally located at 121 Cutler Street, as granted by court order pursuant to Section 657A of the Iowa Code; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-256. 136209 - Schmitt/Hart that "Resolution approving Supplemental Development Agreement with Michael Nyguyen for the redevelopment of his condominium in the former Winterbottom Supply building located at 25 Westfield Avenue with a minimum assessment of $135,585.00; and authorize Mayor and City Clerk to execute said document - Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-257. 136210 - Schmitt/Hart that "Resolution approving Supplemental Development Agreement with Marc Del Rizzo for the redevelopment of his condominium in the former Winterbottom Supply building located at 25 Westfield Avenue with a minimum assessment of $127,073.00; and authorize Mayor and City Clerk to execute said document - Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-258. 136211 - Cole/Hart that "Resolution approving the Iowa Department of Transportation contract extension with North American Salt for the city's FY2012 Snow & Ice Control Programs -Submitted by Steve Decker, Superintendent of Streets", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-259. April 4, 2011 Page 8 136227 - Cole/Hart that "an Ordinance amending Ordinance No. Ordinance by adding Subsection No. 414 to Property to rezone approximately 2.8 acres from "R-3" Multiple District and "C-2" Commercial District to "C -P" Planned Commercial located at the former Expo High School site at 927 Franklin Street to redevelopment of the site for future commercial/office purposes", be placed on file, considered and passed for the second time. Motion carried. 2479, as amended, City Zoning Section 2A-5, Rezoning Certain Residence District, allow for received, Seven. 136228 - Cole/Hart Ayes: that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nay: One (Schmitt). Motion carried. 136229 - Cole/Hart that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 414 to Section 2A-5, Rezoning Certain Property to rezone approximately 2.8 acres from "R-3" Multiple Residence District and "C-2" Commercial District to "C -P" Planned Commercial District, located at the former Expo High School site at 927 Franklin Street to allow for redevelopment of the site for future commercial/office purposes", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5035. 136230 - Getty/Hart that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 415 to Section 2A-5, Rezoning Certain Property to rezone approximately 1.14 acres from "R-2" One and Two Family Residence District to "R -1,R -P" Planned Residence District, located at the former Francis Grout School site 330 Madison Street, located at the southwest corner of Idaho Street and Madison Street to allow for future one and two family housing development", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 136231 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nay: One (Schmitt). Motion carried. 136232 - Getty/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 415 to Section 2A-5, Rezoning Certain Property to rezone approximately 1.14 acres from "R-2" One and Two Family Residence District to "R -1,R -P" Planned Residence District, located at the former Francis Grout School site 330 Madison Street, located at the southwest corner of Idaho Street and Madison Street to allow for future one and two family housing development", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5036. 136233 - Getty/Hart that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 416 to Section 2A-5, Rezoning Certain Property to rezone approximately 7.96 acres from "R-2" One and Two Family Residence District to "R -1,R -P" Planned Residence District located at the former Maywood School site at 800 Milwaukee Avenue, at the northeast corner of Calhoun Street and Milwaukee Avenue to allow for future one and two family housing development", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 136234 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nay: One (Schmitt). Motion carried. April 4, 2011 Page 9 136235 - Getty/Hart that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 416 to Section 2A-5, Rezoning Certain Property to rezone approximately 7.96 acres from "R-2" One and Two Family Residence District to "R -1,R -P" Planned Residence District located at the former Maywood School site at 800 Milwaukee Avenue, at the northeast corner of Calhoun Street and Milwaukee Avenue to allow for future one and two family housing development", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5037. 136236 - Getty/Hart that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 417 to Section 2A-5, Rezoning Certain Property to rezone approximately 1.12 acres from "R-3" Multiple Residence District to "R -1,R -P" Planned Residence District, located at the Williston Field site at the northeast corner of Williston Avenue and West 7th Street to allow for future one and two family housing development", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 136237 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nay: One (Schmitt). Motion carried. 136238 - Getty/Hart that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 417 to Section 2A-5, Rezoning Certain Property to rezone approximately 1.12 acres from "R-3" Multiple Residence District to "R -1,R -P" Planned Residence District, located at the Williston Field site at the northeast corner of Williston Avenue and West 7th Street to allow for future one and two family housing development", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5038. 136239 - Cole/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 418 to Section 2A-5, Rezoning Certain Property to rezone approximately 3.52 acres from "R-2" One and Two Family Residence District to "R -1,R -P" Planned Residence District, located at the former Irving Elementary School site at 728 Hawthorne Avenue, located at the southwest corner of West 6th Street and Hawthorne Avenue to allow for future one and two family housing development", be received, placed on file, considered and passed for the second time. Ayes: Six. Nay: One (Schmitt). Motion carried. Steve Sesterhenn, Board Chair Iowa Heartland Habitat for Humanity, expressed concern with the additional requirements that could be placed on the property if rezoned. He reported there would be a large investment of $450 to $500 thousand dollars to tear down the school and the school district will only pay a portion of this cost. There will not be enough certainties that the property values and the cost of the land will be right for Habitat by the time they spend close to $400 thousand dollars of non-profit money. They asked for assurances of what new zoning and requirements will be made for those properties if the new zoning passes. He cautioned that if this is not done, they might have to walk away and find a new property. Habitat does not normally put garages with the homes. That will raise the cost to the point where they will not be able to meet the needs of the new owners. Mr. Greenwood questioned the responsibility of the school to demo the building. Noel Anderson, Community Planning and Development Director, reported that there is no way the City can force the school to demolish the school by City Code but when the local option money was passed for the school votes the District did make a verbal commitment to demolish the buildings as they built new ones. The belief is that they will demolish them but the timeline is unknown. The property still belongs to the school. They have begun the process to sell the property to Habitat for Humanity. If the property is not rezoned, the City will lose the ability to require certain layouts. Jerry Shatzer, 1829 W. 7th St., questioned the cost to the taxpayer. The reply was nothing. April 4, 2011 Page 10 136240 - Getty/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nays: Two (Hart, Schmitt). Motion failed. 136241 - Hart/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 419 to Section 2A-5, Rezoning Certain Property to rezone approximately 6.39 acres from "R-2" One and Two Family Residence District to "R -1,R -P" Planned Residence District, located at the Baltimore Field site along the east side of Vermont Street between Eureka Street and Hawthorne Avenue to allow for future one and two family housing development", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 136242 - Hart/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nay: One (Schmitt). Motion carried. 136243 - Hart/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 419 to Section 2A-5, Rezoning Certain Property to rezone approximately 6.39 acres from "R-2" One and Two Family Residence District to "R -1,R -P" Planned Residence District, located at the Baltimore Field site along the east side of Vermont Street between Eureka Street and Hawthorne Avenue to allow for future one and two family housing development", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5039. 136244 - Hart/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 420 to Section 2A-5, Rezoning Certain Property to rezone approximately 8.47 acres from "R-2" One and Two Family Residence District to "R -1,R -P" Planned Residence District at the former Devonshire School site at 515 Devonshire Drive, located along the south side of Devonshire Road, near its intersection with Wenner Drive to allow for future one and two family housing development", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 136245 - Hart/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nay: One (Schmitt). Motion carried. 136246 - Hart/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 420 to Section 2A-5, Rezoning Certain Property to rezone approximately 8.47 acres from "R-2" One and Two Family Residence District to "R -1,R -P" Planned Residence District at the former Devonshire School site at 515 Devonshire Drive, located along the south side of Devonshire Road, near its intersection with Wenner Drive to allow for future one and two family housing development", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5040. OTHER COUNCIL BUSINESS 136247 — Schmitt/Hart to instruct Superintendent of Central Garage to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Waterloo Public Works Facility, Contract No. 810, be received, placed on file and approved. Ayes: Seven. Motion carried. April 4, 2011 Page 11 136248 - Schmitt/Hart that plans, specifications, bid document, form of contract, etc. in conjunction with F.Y. 2011 Waterloo Public Works Facility, Contract No. 810, be received and placed on file. Ayes: Seven. Motion carried. 136249 - Schmitt/Hart that "Resolution preliminarily approving plans, specifications, bid document, form of contract, etc. in conjunction with F.Y. 2011 Waterloo Public Works Facility, Contract No. 810", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-263. 136250 - Schmitt/Hart that "Resolution setting date of hearing and bid opening as May 16, 2011 and instructing City Clerk to publish notice of plans, specifications, bid document, form of contract, etc. and taking of bids in conjunction with F.Y. 2011 Waterloo Public Works Facility, Contract No. 810", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-264. 136251 - Hart/Cole to instruct Superintendent of Traffic Operations to prepare plans, specifications, estimate of costs, bid document, etc. in conjunction with Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street, be received, placed on file and approved. Ayes: Seven. Motion carried. 136252 - Hart/Welper that plans, specifications, estimate of costs, bid document, etc. in conjunction with Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street, be received and placed on file. Ayes: Seven. Motion carried. 136253 - Hart/Welper that "Resolution preliminarily approving plans, specifications, estimate of costs, bid document, etc. in conjunction with Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-265. 136254 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 18, 2011 and instructing City Clerk to publish notice of plans, specifications, estimate of costs, bid document, etc. and taking of bids in conjunction with Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-266. ORAL PRESENTATIONS Jerry Shatzer, 1829 W. 7th, expressed concerns with the Mayor Pro Tem voting to raise taxes, the City Attorney buying property in town, hiring additional police officers, and exceptions to the rule for firemen. Mr. Hart, replied that he has never stated he will not vote for property tax increases. Forest Dillavou, 1725 Huntington Road, suggested that Council may have missed an opportunity to encourage City employees to live in City limits by giving them .a lot in the CURA area. 136255 - Hart/Cole that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. April 4, 2011 Page 12 EXECUTIVE SESSION 136256 - Hart/Welper that the council adjourn to Executive Session at 6:29 p.m. Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of strategy in matters in litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2007). 136257 - Cole/Hart that the council adjourn Executive Session at 6:37 p.m. Ayes: Seven. Motion carried. 136258 - Cole/Hart to proceed. Ayes: Seven. Motion carried. ADJOURNMENT 136259 - Hart/Cole that the Council adjourn at 6:37 p.m. Ayes: Seven. Motion carried. Suzy Scha#es City Clerk