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HomeMy WebLinkAboutMinutes-03/14/2011March 14, 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, March 14, 2011. Mayor Pro Tem Quentin Hart in the Chair. Roll Call: Getty, Jones, Schmitt, Welper. Absent: Cole, Greenwood. Moment of Silence. Pledge of Allegiance: Mark Rice, Superintendent of Central Garage. 136053 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, March 14, 2011, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136054 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 7, 2011, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried. Mayor Pro Tem Hart recognized the March Team Member of the Month, Colleen Clark. CONSENT AGENDA 136055 - Welper/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. 1-68, dated March 14, 2011, in the amount of $2,444,302.13, 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 Pro Tem assigned No. 2011- 159. 2. Request of Grout Museum District to hold World's Largest Chemistry Demo event to be held on August 13, 2011 at Washington Park and on South Street from W. 2nd Street to W. 3rd Street from 9:00 a.m. to 2:00 p.m. -Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011- 160. 3. Request of Orchard Hill Church to hold Kindness Outreach event to be held on April 2, 2011 at Lincoln Park from 11:30 a.m. to 2:00 p.m. -Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011- 161. 4. Request of Amie Steffen for a variance to the Noise Ordinance on April 12, 2011 from 3:30 p.m. to 6:00 p.m. in conjunction with Equal Pay Day event to be held at Lincoln Park including a band/DJ and the use of a PA system - Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011- 162. b. Motion to approve the following: 1. Request of Tallgrass Prairie Center for an exception to the burning ordinance to burn approximately 1 acre of prairie grass located just southeast of McKinstry Elementary School building during the month of April, together with recommendation of approval of Fire Chief. March 14, 2011 2. 3. Page 2 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Tim Moyer, Electrical Inspector Electrical Plans Examiner Certification Examination Des Moines, Iowa March 8, 2011 $180.00 Abraham Funchess, Executive Director; Sharina Sallis, Commission White Privilege Conference 12 Minneapolis, Minnesota April 13-16, 2011 $1,616.04 4. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Mary Potter Water Works Board January 12, 2016 New Appointment Elizabeth Cox ADA Compliance Commission March 14, 2014 New Appointment Dan Bigler g ADA Compliance Commission March 14, 2014 New Appointment Class C Beer License Permit Application 5. Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/29/12) (Includes Sunday Sales) 6. Hy -Vee Food & Drugstore #3, 1422 Flammang Drive (Renewal) (Expires 2/8/12) (Includes Sunday Sales) Class C Liquor License Permit Application 7. Babes Tap, 210 Division Street (Renewal) (Expires 3/14/11) (Includes Sunday Sales) 8. Tokyo Japanese Steakhouse, Inc., 126 E. Ridgeway Avenue (Renewal) (Expires 2/13/12) (Includes Sunday Sales) 9. Lone Star Steakhouse & Saloon, 4045 Hammond Avenue (Renewal) (Expires 3/11/12) (Includes Sunday Sales) Class E Liquor License Permit Application 10.Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/29/12) (Includes Sunday Sales) 11.Hy-Vee Food & Drugstore #3, 1422 Flammang Drive (Renewal) (Expires 2/8/12) (Includes Sunday Sales) Class B Wine License Permit Application 12.Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/29/12) (Includes Sunday Sales) 13.Hy-Vee Food & Drugstore #3, 1422 Flammang Drive (Renewal) (Expires 2/8/12) (Includes Sunday Sales) Outdoor Service Area Application 14.Lone Star Steakhouse & Saloon, 4045 Hammond Avenue Cigarette Permit Application 15.One Stop Action, 115 E. Arlington Street 16.Bonds Ayes: Five, with Councilperson Schmitt abstaining on payments to Schmitt and S&J. Absent: Cole, Greenwood. Motion carried. March 14, 2011 PUBLIC HEARINGS 136056 - Schmitt/Welper Page 3 that proof of publication of notice of public hearing on Library Third Floor Carpet, as published in the Waterloo Courier on February 24, 2011, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136057 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed. Ayes: Five. Absent: Cole, Greenwood. Motion carried. Mr. Jones 136058 - Schmitt/Welper that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Library Third Floor Carpet", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-163. 136059 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with Library Third Floor Carpet", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-164. 136060 - Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Amount Floor Decor 706 Ansborough Avenue Waterloo, IA 50701 $23,891.51 Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136061 - Welper/Schmitt that proof of publication of notice of public hearing on Purchase of One (1) New Elgin Pelican Street Sweeper for Street Department from Minnesota State Bid at a cost of $164,900.50, as published in the Waterloo Courier on March 10, 2011, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136062 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Welper/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136063 - Welper/Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of One (1) New Elgin Pelican Street Sweeper for Street Department from Minnesota State Bid at a cost of $164,900.50", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-165. 136064 - Welper/Schmitt that "Resolution authorizing to proceed in conjunction with Purchase of One (1) New Elgin Pelican Street Sweeper for Street Department from Minnesota State Bid at a cost of $164,900.50", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-166. March 14, 2011 RESOLUTIONS 136065 - Getty/Welper Page 4 that "Resolution approving Golf Course Pro Shop Agreement with Nathaniel Lubs to provide golf pro services at Gates Park Golf Course for two years with an expiration date of December 31, 2013; and authorize Mayor Pro Tem and City Clerk to execute said document -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Ayes: Five. Absent: Cole, Greenwood. Councilperson Hart, Paul could you say a little about the contract? Paul Huting, Leisure Services Director, we are asking that the council go along with the recommendation to have Mr. Lubs contract in accordance with or the same as the other two golf pros. Last year was his first year. It went well for his flow of business and we would like it to be the same as the other two. When this is up the other two will be up and then at that time we can renegotiate terms for all three. Basically it's the same as the agreement that we have with him now but we are just extending it to be the same terms or timeframe as the other two. Councilperson Schmitt, I would just like to reaffirm what Paul said. Last year there was all kinds of real positive comments with the new golf pro out there. So I think we got a young guy and he's doing a real nice job for us. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-167. 136066 - Getty/Welper that "Resolution approving Professional Services Agreement with AECOM in the amount of $99,500.00 for construction related services in conjunction with F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801; and authorize Mayor Pro Tem to execute said document -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-168. 136067 - Getty/Welper that "Resolution approving Professional Services Agreement with AECOM in the amount of $123,000.00 for construction related services in conjunction with F.Y. 2011 River Renaissance North Downtown Trail, Contract No. 786; and authorize Mayor Pro Tem to execute said document -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-169. 136068 - Schmitt/Welper that "Resolution approving Professional Services Agreement with AECOM in the amount of $58,000.00 for construction related services in conjunction with F.Y. 2011 Mark's Park Play Area and Performance Structure, Contract No. 773 -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Five. Absent: Cole, Greenwood. Councilperson Schmitt, could I ask for a little update on this? Doug Schindel, AECOM Project Manager, Mark's Park is being built in conjunction with a lower plaza that is being constructed now. You can see the walls in place for Mark's Park adjacent to US Bank. And that was constructed under the lower plaza project, which is currently being completed. The Mark's Park Play Equipment, which this resolution is for will be coming in after PCI completes a little bit more of the grading and infrastructure work. Which includes the water for Mark's Park. So we are hoping that the contractor, Prairie, for Mark's Park Performance Structure will be coming in this spring and completing that work along with the Lower Plaza construction. And then the upper plaza, as you know, is the next one that we just bid. That's going to be the elevated plaza area. It extends straight out what would be the performance structure. And then heads straight in alignment with 3rd Street there at the intersection of Cedar Street. Councilperson Schmitt, is the expectation that the dam is going to be functioning this year? Mr. Schindel, we are hoping late fall if it is. We want to get all of the construction completed along the river. Also included tonight was resolution for the north trail. Which is going to be the connection from where the overlook project left off right by the dam between 4th and Park Avenue. We will extend that trail and pave that connection which will be kind of the final March 14, 2011 Page 5 connection further north of the recreational trail riverwalk loop from George Wyth Park all the way to 18th Street. So that will be kind of the final connection there. Before we raise the bladder we want to make sure that work is done because when the bladder is raised the water will be within a couple of feet of that wall that is constructed now. So we want to make sure the contractor is completed with that construction on the north side. Then also the lower plaza on the south side. We would like all of that to be completed before we raise the bladder. We are hoping that construction will be done late summer into the fall. And possibly be able to raise it in late fall. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-170. 136069 - Schmitt/Welper that "Resolution approving recommendation of award of contract to Peters Construction Corporation of Waterloo, Iowa in the amount of $1,514,212.00 in conjunction with F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808 - Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-171. 136070 - Schmitt/Welper that "Resolution approving recommendation of award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $3,878,281.87 in conjunction with F.Y. 2011 Asphalt Overlay Program, Contract No. 796 -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-172. 136071 - Welper/Schmitt that "Resolution approving Contract, Bonds and Certificates of Insurance with Aspro, Inc. of Waterloo, Iowa in the amount of $3,878,281.87 in conjunction with F.Y. 2011 Asphalt Overlay Program, Contract No. 796; and authorize Mayor Pro Tem and City Clerk to execute said documents -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-173. 136072 - Welper/Schmitt that "Resolution approving Preconstruction Agreement with Iowa Department of Transportation for proposed work on W. 4th Street, Hammond Avenue and Kimball Avenue in conjunction with Bridge Barrier Rail Retro Fit Project on U.S. Hwy 20; and authorize Mayor Pro Tem to execute said document -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Ayes: Five. Absent: Cole, Greenwood. Councilperson Jones, what is the time frame on this? Dennis Gentz, Assistant City Engineer, I think it's this construction season. I can get back to you on the specifics. Councilperson Jones, my understanding is that it's going to be down to one lane and controlled by a signal. Mr. Gentz, on 4th Street yes. The other two locations will have two-way traffic at all times and 4th Street will be one -lane with a signal control. Councilperson Jones, and no sidewalk which is kind of a bigger problem I thought. It's quite an active place for walkers and bikers. Councilperson Hart, is there anyway around that? Mr. Gentz, I can talk to the Department of Transportation to see if there is some other arrangement made to provide pedestrian access. To see what the width is they obviously have to have a work area and traffic area so it's really limited by the width of the bridge it's self. But we can follow up with them and find out if there's some other way. Councilperson Hart, if you could find out and get an e-mail to Councilperson Jones that would work. Mr. Gentz, okay we can do that. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-174. March 14, 2011 Page 6 136073 - Welper/Schmitt that "Resolution approving Contract, Bonds and Certificates of Insurance with KWS, Inc. of Cedar Falls, Iowa in the amount of $103,985.00 in conjunction with F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783; and authorize Mayor Pro Tem to execute said documents -Submitted by Jeff Bales, Associate Engineer", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-175. 136074 - Jones/Welper that "Resolution approving Conditional Purchase Offer with Arlin and Dolores Zevenbergen, for 26 acres of wooded land on Sans Souci Island Parcel no. 8913- 15-326-002, $53,000.00 in conjunction with the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, and authorize Mayor Pro Tem and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Five. Absent: Cole, Greenwood. Councilperson Jones, I was curious why we are looking at purchasing those 26 acres of wooded land considering they weren't really impacted by the flood? Aric Schroeder, City Planner, the 26 acres is wooded acres on San Souci Island. Other than the area where the houses were there was the 20 houses and approximately 5 acres that was kind of a park area where garages sat. We have acquired all 20 of the houses and that five acres where the garages sat. What makes up the rest of the island is a 26 acre wooded parcel owned by the Zevenbergen's. And approximately 134 acre parcel pretty much completely wooded area owned by the San Souci Association Inc. When we were originally looking at the HMGP funded primarily through FEMA funds we initially did not think that the rest of that island would qualify under that program. Those two parcels were included in our application for the 100 percent funded CDBG buyout. Which was approved and then it was later determined that we could include the two parcels on the HMGP so they were moved over to that one. As to why, yes they are just wooded land and there is not structures that received physical damage. They are allowed to be acquired because they are adjacent to the property to what is being acquired in general. The thought process is if we could have ownership to the entire island for potential control of future uses from a recreational standpoint. It was just thought it might be better to control the whole island as opposed to just the 10 acres or so that would be at the south end of the island. That is the basic premise that we thought it would be better off for whatever the future use is going to be is that the City of Waterloo hasn't made that decision yet. Leisure Services has been working with the County Conservation looking at future use. They are more focusing in on what the Sherwood area and future recreational use is going to look like. But the San Souci component is part of that too. I think the general consensus was that if you can get the entire island for future recreational purposes that would be better. Councilperson Getty, I was very happy to see that these two parcels have now been included. Because of the fact that once we bought our initial purchases from the homeowners out there we would have to maintain a road or access to their property. So it's a good thing that it has been included. And I think it would be a great thing for the city once we decide what to do with that. Mr. Schroeder, when we acquired the five acres which also included the road that goes through that property now as part of that we did provide an access easement for San Souci Association to maintain access to their 134 acres of woods in the event that it would not get sold to the city. So yes that would have been an issue. The Zevenbergen parcel, there is no written access easement agreement. It's a land lock parcel but there is some prescriptive access rights there. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-176. 136075 - Jones/Welper that "Resolution approving Contract for the Disaster Recovery Business Rental Assistance Program for Multicultural Counseling Center at 501 Sycamore Street, in the amount of $1,483.38; and Midwest Apparel at 626 Sycamore Street, in the amount of $3,600.00; and authorize Mayor Pro Tem to execute said documents - Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-177. March 14, 2011 136076 - Jones/Welper Page 7 that "Resolution approving Preliminary Plat, together with Staff report and Aerial photo in conjunction with Anderson's Ninth Addition -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-178. 136077 - Schmitt/Welper that "Resolution approving Permanent Easement Agreement with East Waterloo Family Housing, LLL to allow for a public sidewalk to encroach onto private property generally located at the southeast corner of Newell and Mobile Street - Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-179. 136078 - Schmitt/Welper that "Resolution approving request by Richard Penn for an encroachment agreement to allow 4 parking bollards to encroach approximately 16" into the platted public alley north of 316-320 West 4th Street in Block 16 of the Original Waterloo West Plat -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-180. 136079 - Getty/Welper that "Resolution setting date of hearing as March 28, 2011 to approve request by Lavern Droste to rezone 0.845 acres of land located at 245 Fletcher Avenue from "R -2,C -Z" Conditional Zoning District and "C -2,C -Z" Conditional Zoning District to "C -1,C -Z" Conditional Zoning District; and instruct City Clerk to publish said notice -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-181. 136080 - Getty/Welper that "Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 7.73 acres from "R-2" One and Two Family Residence District and "R -2,C -Z" Conditional Zoning District to "R -1,R -P" Planned Residence District, located at the former Greenbrier School site at 1554 Oakwood Drive at the northwest corner of Oakwood Drive and Cedar Bend Street -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-182. 136081 - Getty/Welper that "Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 2.2 acres from "R-2" One and Two Family Residence District to "R -1,R -P" Planned Residence District, located at the former Van Eaton School site at 2170 Burton Avenue, approximately 1/8 of a mile north of the intersection of Burton Avenue and West Donald Street -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-183. 136082 - Jones/Welper that "Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 2.2 acres from "R-2" One and Two Family Residence District to "R -1,R -P" Planned Residence District, located at the former Van Eaton School site at 2170 Burton Avenue, approximately 1/8 of a mile north of the intersection of Burton Avenue and West Donald Street -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-184. March 14, 2011 Page 8 136083 - Jones/Welper that "Resolution setting date of hearing as March 28, 2011 to approve request 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 -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-185. 136084 - Jones/Welper that "Resolution setting date of hearing as March 28, 2011 to approve request 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 -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-186. 136085 - Schmitt/Welper that "Resolution setting date of hearing as March 28, 2011 to approve request 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 -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-187. 136086 - Schmitt/Welper that "Resolution setting date of hearing as March 28, 2011 to approve request 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 -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-188. 136087 - Schmitt/Welper that "Resolution setting date of hearing as March 28, 2011 to approve request 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 -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-189. 136088 - Welper/Schmitt that "Resolution setting date of hearing as March 28, 2011 to approve request 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 -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-190. 136089 - Welper/Schmitt that "Resolution setting date of hearing as March 28, 2011 to approve request 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 -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-191. March 14, 2011 136090 - Welper/Schmitt Page 9 that "Resolution approving application to the Black Hawk County Gaming Grant in the amount of $195,295.00 for Equipment and Furnishings for the Public Market - Submitted by Mayor Buck Clark", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-192. 136091 - Welper/Schmitt that "Resolution approving Second Amendment to Development Agreement with Deer Creek Development, LLC to change grant repayment schedule by City to developer for infrastructure improvements previously put in place; and authorize Mayor Pro Tem and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-193. OTHER COUNCIL BUSINESS 136092 - Schmitt/Welper that Change Order No. 1 for a net increase of $880.00 for work performed by Advanced Environmental Testing and Abatement, Inc. in conjunction with Asbestos Abatement Services for the Hazard Mitigation Grant Program Property Acquisition Project; and authorize Mayor Pro Tem to execute said document -Submitted by Aric Schroeder, City Planner, be received, placed on file and approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136093 - Getty/Jones to instruct Leisure Services Director to prepare specifications, bid document, etc. in conjunction with 2011 Right of Way Mowing, be received, placed on file and approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136094 - Getty/Schmitt that plans, specifications, bid document, etc. in conjunction with 2011 Right of Way Mowing, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136095 - Getty/Jones that "Resolution preliminarily approving plans, specifications, bid document, etc. in conjunction with 2011 Right of Way Mowing", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-194. 136096 - Getty/Schmitt that "Resolution setting date of hearing and bid opening as March 28, 2011 and instructing City Clerk to publish notice of plans, specifications, bid document, etc. and taking of bids in conjunction with 2011 Right of Way Mowing", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-195. 136097 - Schmitt/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Street Reconstruction Program, Contract No. 798, be received, placed on file and approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 136098 - Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Street Reconstruction Program, Contract No. 798, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. March 14, 2011 Page 10 136099 - Schmitt/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Street Reconstruction Program, Contract No. 798", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-196. 136100 - Schmitt/Welper that "Resolution setting date of hearing and bid opening as April 4, 2011 and instructing City Clerk to publish notice of plans, specifications, form of contract, etc. and the taking of bids in conjunction with F.Y. 2011 Street Reconstruction Program, Contract No. 798", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-197. ORAL PRESENTATIONS Getty/Schmitt That the asbestos bid removal bid opening be tabled until March 21, 2011. Ayes: Five. Absent: Cole, Greenwood. Motion carried. Paul Huting, Leisure Services Director, I have some good news. We are going to open the golf courses officially in the morning of Wednesday, March 16, 2011. The exact time depends on the frost situation but you can get your clubs cleaned up because spring is here. Councilperson Hart, there is a lot of people looking forward to that. Another announcement that I'd like to make is Honor Flights is having a bowl-a-thon hosted by Cadillac Lanes on April 12-17, 2011 to help our veterans see the National Monuments. Businesses or individuals can make a cash donation to Honor Flight bowl-a-thon in care of Craig White at 1563 Oakwood Drive, Waterloo, Iowa, 50703. Or, which I am encouraging Mr. Getty to do, is form a five -person team and ask each person to raise a particular amount of money. It's a great opportunity to help our veterans go to the National Monuments. So we are asking folks to support it. If you have any questions or need to reserve a day and time the dates and shifts are: April 12-15, 2011 at 6:00 p.m.; April 16, 2011 2:30 p.m. and 5:00 p.m.; April 17, 2011 12:00 p.m. and 2:30 p.m. Contact Cadillac Lanes at (319) 234-6888 if you have questions or need additional information. 136101 - Welper/Jones that the above oral comments be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. ADJOURNMENT 136102 - Welper/Jones that the Council adjourn at 6:12 p.m. Ayes: Five. Absent: Cole, Greenwood. Motion carried. City Clerk