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HomeMy WebLinkAboutMinutes-03/28/2011March 28, 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 28, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Steve Decker, Superintendent of Streets. 136136 - Hart/Schmitt that the Agenda, as amended adding approval of the application for the Byrne -Jag grant, for the Regular Session on Monday, March 28, 2011, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 136137 - 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: Six. Absent: Greenwood. Motion carried. Mayor Clark performed a swearing in of the following Firefighters: Joseph Reiter and Jared Bargman. CONSENT AGENDA 136138 - 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. 1-55, dated March 28, 2011, in the amount of $2,754,430.77, 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. 2011-216. 2. Request of Tracey Southall to hold Leukemia & Lymphoma Society's Boot Block fundraiser on Saturday, April 16, 2011 from 9:00 a.m. to 2:00 p.m. at the intersection of Ridgeway Avenue and Hammond Avenue -Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-217. 3. Request of VFW Post 138 to hold annual Poppy Sale on May 21-22, 2011 at Hy -Vee Stores located on University, Logan, Crossroads and Byron; Fareway, Wal-Mart, K -Mart on University Avenue and Farmers Market -Submitted by City Clerk Suzy Schares. Resolution adopted and upon approval by Mayor assigned No. 2011-218. 4. Request of Curtis Klatt for a variance to the Noise Ordinance on August 20, 2011 from 4:00 p.m. to 11:00 p.m. in conjunction with a wedding reception to be held at Waterloo Boathouse including a DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-219. 5. Request of BJs Bar and Billiards for a variance to the Noise Ordinance on Thursday, Friday and Saturday evenings from May 5, 2011 to August 27, 2011 from 6:00 p.m. to 10:00 p.m. in conjunction with Full Throttle Thursdays and Weekend Live event that will be held at 110 Ida Street, including live band, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-220. March 28, 2011 Page 2 6. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees -Submitted by Dennis Clark, General Manager of Waterloo Water Works: Address Amount to certify 1717 West 3rd Street $552.00 232 Edwards Street $1,842.00 Resolution adopted and upon approval by Mayor assigned No. 2011-221. b. Motion to approve the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Bradley Hagen, Airport Director Transportation Security Administration Webinar Waterloo, Iowa February 7, 2011 $350.00 Roger Wooten, Maintenance Electrician; Matt Vlasak, Signal Foreman; Kelby Haynes, Maintenance Electrician; Craig Hintzman, Signal Technician; Tina Schellhorn Maintenance Electrician National Electric Code Update Class Waterloo, Iowa March 30, 2011 $580.00 Sergeant Brian Hoelscher; Officer Dustin Lindaman; Officer Shawn Bram; Officer Darin Rulapaugh 2011 Iowa WMD Task Force Specialty Teams Integration Training Des Moines, Iowa March 28-31, 2011 $1,242.00 Officers: Keith Briggs; Mike Briggs; Richard Holleneck; David Turpen; Duane Kemna; Jerry Olson; Dana Jaeger; Daniel Charlson LEIN (Law Enforcement Intelligence Network) Conference Des Moines, Iowa April 18-29, 2011 $6,400.00 Officer Robert Sankey; Officer Leonard Luft LEIN (Law Enforcement Intelligence Network) Conference Des Moines, Iowa April 4-15, 2011 $1,600.00 Investigator Jason Chopard LEIN (Law Enforcement Intelligence Network) Conference Des Moines, Iowa April 18-29, 2011 $1,354.00 Dave Boesen, Battalion Chief Arson K-9 Recertification Loveland, Colorado May 22-26, 2011 $868.60 Dan Trelka, Director of Safety Services 2011 National Main Street Conference Des Moines, Iowa May 22-25, 2011 $520.00 Investigator Joe Saunders; Officer Zach Ladage Midwest Cycle Intelligence Organization Annual Conference Rochester, Minnesota May 3-6, 2011 $880.00 Code Enforcement Officer Barry Stratton 2011 Iowa Code Enforcement Conference Iowa Falls, Iowa April 14-15, 2011 $180.00 March 28, 2011 Page 3 11.Recommendation of appointment of Joseph Leibold to the position of Captain of Police Services, effective March 22, 2011 -Submitted by Daniel J. Trelka, Director of Safety Services 12.Recommendation of appointment of Pat Treloar to the position of Chief of Fire Services, effective March 22, 2011 -Submitted by Daniel J. Trelka, Director of Safety Services 13.Recommendation of appointment of Greg Ahlhelm to the position of Plans Examiner, effective April 4, 2011 -Submitted by Craig Clark, Building Official/Maintenance Administrator 14.Recommendation of appointment of Scott Clement to the position of Street Operations Supervisor, effective March 28, 2011 -Submitted by Steve Decker, Superintendent of Streets 15.Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Dee Vandeventer Airport Board p June 30, 2013 New Appointment Class C Liquor License Permit Application 16.Balkan Grill, 926 LaPorte Road (New) (Expires 3/1/12) (Includes Sunday Sales) 17.BHC United, 910 W. 5th Street (Transfer effective 3/1/11) (Includes Sunday Sales) 18.Bonds Ayes: Six. Absent: Greenwood. Motion carried. Mr. Schmitt abstained from the payment to Schmitt Telecom. Mayor Clark recognized the new appointees. PUBLIC HEARINGS 136139 - Schmitt/Welper that proof of publication of notice of public hearing on F.Y. 2011 Sidewalk Repair Program - Zone 1 And Trail Repairs, Contract No. 804, as published in the Waterloo Courier on March 15, 2011, be received and placed on file. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136140 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136141 - Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 And Trail Repairs, Contract No. 804", be adopted. Ayes: Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-222. 136142 - Schmitt/Welper that "Resolution ordering construction in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 And Trail Repairs, Contract No. 804", be adopted. Ayes: Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-223. March 28, 2011 136143 - Schmitt/Welper 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 1 & 2 Bid Amount Division 1, 2 & Alternate A Bid Amount B & B Builders & Supply 5728 Sierra Drive Waterloo, IA 50701 5% $114,110.93 $114,593.93 Mike Dolan Concrete & Masonry, Inc. 1140 Fairchild Street Waterloo, IA 50703 5% $92,476.53 $93,396.53 Ayes: Six. Absent: Greenwood. Motion carried. 136144 - Getty/Welper that proof of publication of notice of public hearing on 2011 Right of Way Mowing, as published in the Waterloo Courier on March 23, 2011, be received and placed on file. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136145 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Welper that the hearing be closed. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136146 - Getty/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with 2011 Right of Way Mowing", be adopted. Ayes: Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-224. 136147 - Getty/Welper that "Resolution authorizing to proceed in conjunction with 2011 Right of Way Mowing", be adopted. Ayes: Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-225. 136148 - Getty/Welper to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Option A Bid Option B Bid Option C Bid Option D Bid Option E Bid Option F B & B Lawn Care Inc. 2102 E. 4th Street Waterloo, IA 50703 $28.45 $28.45 $20.00 $26.50 $45.00 $600.0 0 Professional Lawn Care, LLC P.O. Box 1942 Waterloo, IA 50704 $47.75 $47.75 $37.45 Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136149 - Welper that proof of publication of notice of public hearing on the rezoning of: 245 Fletcher Avenue; 1554 Oakwood Drive; 2170 Burton Avenue; former Lincoln Elementary School site at the southeast corner of Burton Avenue and West Parker Street; 927 Franklin Street; 330 Madison Street; 800 Milwaukee Avenue; Williston Field site at the northeast corner of Williston Avenue and West 7th Street; 728 Hawthorne Avenue; Baltimore Field site along the east side of Vermont Street between Eureka Street and Hawthorne Avenue; 515 Devonshire Drive, as published in the Waterloo Courier on March 23, 2011, be received and placed on file. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. March 28, 2011 Page 5 136150 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mayor Clark explained that we will have one joint hearing but all the properties will be voted on separately. Noel Anderson, Community and Planning Development Director, thanked the Waterloo Community Schools for the properties. Mr. Anderson explained the rezoning is to allow more neighborhood input for future development of sites. The R-1 RP will allow for greater review and conditions by City staff for specific conditions for each site; such as drainage concerns, house design, layout, etc. The rezoning does not guarantee any development of these sites. Ron Lepsch, 467 Devonshire, spoke in support of the rezoning. He asked that a study be conducted regarding adding a holding pond for the Devonshire property and he asked that the park remain. Mayor Clark explained that the old study will be updated prior to developing this property. Linda Morgan, Director of Iowa Heartland Habitat for Humanity, spoke in opposition of rezoning the old Irving School Site. She expressed concern that the new zoning would prohibit building affordable homes. Welper/Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136151 - Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 114 to Section 2A -7N, Conditional Zoning Certain Property 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 to allow for other lighter commercial use", be received, placed on file, considered and passed for the first time. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. It was explained that this property is the former Sound Room, Red CB property on Fletcher Ave. 136152 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136153 - Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 115 to Section 2A -7N, Conditional Zoning Certain Property 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 to allow for future one and two family housing development", be received, placed on file, considered and passed for the first time. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136154 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136155 - Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 412 to Section 2A-5, Rezoning Certain Property 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 to allow for future one and two family housing development", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. March 28, 2011 Page 6 136156 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136157 - Getty/Hart that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 413 to Section 2A-5, Rezoning Certain Property 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 Lincoln Elementary School site at the southeast corner of Burton Avenue and West Parker Street to allow for future one and two family housing development", be received, placed on file, considered and passed for the first time. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136158 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136159 - Getty/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 received, placed on file, considered and passed for the first time. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136160 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136161 - 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 first time. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136162 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136163 - Cole/Welper 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 first time. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136164 - Cole/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. March 28, 2011 136165 - Cole/Welper Page 7 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 first time. Ayes: Four. Nay: Two (Cole, Hart). Absent: Greenwood. Motion carried. 136166 - Cole/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136167 - 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 first time. Ayes: Six. Absent: Greenwood. Motion carried. 136168 - Cole/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136169 - Hart/Schmitt 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 first time. Ayes: Six. Absent: Greenwood. Motion carried. 136170 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136171 - Hart/Schmitt 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 first time. Ayes: Six. Absent: Greenwood. Motion carried. 136172 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. RESOLUTIONS 136173 - Schmitt/Welper that "Resolution approving submission of grant application to Black Hawk County Gaming Association requesting up to $55,000.00 to purchase fitness gear for all six (6) fire stations -Submitted by Daniel Trelka, Director of Safety Services", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-226. March 28, 2011 136174 - Schmitt/Welper Page 8 that "Resolution approving submission of grant application to Black Hawk County Gaming Association in the amount of $3,000,000.00 to support construction of the City of Waterloo Public Works Building -Submitted by Mark Rice, Superintendent of Central Garage", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-227. 136175 - Schmitt/Welper that "Resolution approving submission of application to Iowa Department of Economic Development for the third round of Neighborhood Stabilization Program (NSP3) Funds; and authorize Mayor to execute said document -Submitted by Rudy Jones, Community Development Director", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-228. 136176 - Cole/Hart that "Resolution approving revisions to basic building permit charges -Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Ayes: Six. Absent: Greenwood. Craig Clark explained that this is a change in how we evaluate the cost. The City will no longer use the sq. foot, but would go off of the owner's estimate of the project. Resolution adopted and upon approval by Mayor assigned No. 2011-229. 136177 - Cole/Hart that "Resolution approving submission of grant application to Black Hawk County Gaming Association in the amount of $942,000.00 with a $100,000.00 city match to be used for Iry Warren Golf Course and Byrnes Park Improvements -Submitted by Paul Huting, Leisure Services Director", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-230. 136178 - Cole/Hart that "Resolution approving Construction Plans for Storm Sewer and Paving serving Klingaman Park Fourth Addition, as submitted by Wayne Claassen Engineering & Surveying, Inc. of Waterloo, Iowa -Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Ayes: Five. Nay: One (Welper). Absent: Greenwood. Mr. Welper expressed concern with utilizing a roll over curb in this addition. Resolution adopted and upon approval by Mayor assigned No. 2011-231. 136179 - Hart/Schmitt that "Resolution approving Construction Plans for Storm Sewer and Paving serving Klingaman Park Fourth Addition, as submitted by Wayne Claassen Engineering & Surveying, Inc. of Waterloo, Iowa -Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-232. 136180 - Hart/Schmitt that "Resolution approving agreement with Waterloo Water Works for Water Main Replacement in conjunction with F.Y. 2011 Street Reconstruction Program, Contract No. 798; and authorize Mayor and City Clerk to execute said document - Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-233. March 28, 2011 136181 - Hart/Schmitt Page 9 that "Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources for storm water discharges associated with F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801; and authorize Mayor to execute said document -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-234. 136182 - Schmitt/Welper that "Resolution approving submission of grant application to Black Hawk County Gaming Association in the amount of $850,000.00 with a $850,000.00 city match to be used to meet FEMA requirements to raise the levee height along Virden Creek from Highway 63 to E. 4th Street/Gates Park -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-235. 136183 - Schmitt/Welper that "Resolution approving request to be included in the Iowa Department of Transportation's soliciting of bids for rock salt to be used in the Snow & Ice Control Program for fiscal year 2012; and authorize Mayor to execute said document -Submitted by Steve Decker, Superintendent of Streets", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-236. 136184 - Schmitt/Welper that "Resolution approving Development Agreement with Failor Hurley Properties LLC for a new 3,250 sq. ft. industrial building valued at $260,000.00 in the Martin Road Tax Increment Finance District, near Country Estates Fencing; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-237. 136185 - Schmitt/Welper that "Resolution approving application for FY 2012 Byrne-JAG/RSAT Grant for funding to be used for the Tri -County Drug Enforcement Task Force, with Federal funding of 75 percent and an additional 25 percent match from participating agencies -Submitted by Daniel Trelka, Director of Safety Services", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-238. ORAL PRESENTATIONS None ADJOURNMENT 136186 - Hart/Cole that the Council adjourn at 6:29 carried. p.m. Ayes: Six. Absent: Greenwood. Motion City Clerk