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HomeMy WebLinkAboutMinutes-02/20/2012February 20, 2012 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, February 20, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director. 137446 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 20, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 137447 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 13, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 137448 - 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. 1-69, dated February 20, 2012, in the amount of $753,810.99, 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. 2012-150. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $1,500.00 with Walgreens 7455 of 111 W. Ridgeway Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age - Submitted by David R. Zellhoefer, Assistant City Attorney. Resolution adopted and upon approval by Mayor assigned No. 2012-151. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Steve Carey; one instructor Confined Space Rescue Class (24 hour) Albert City, Iowa February 14-16, 2012 $582.50 Nancy Gulick, Community Development Coordinator; Mark Boesen, Rehab Manager Program Manager's School Austin, Texas April 15-18, 2012 $3,040.00 Wayne Castle, Associate Engineer; Phillip Schuppert, Storm Water Specialist Iowa Water Conference Ames, Iowa March 6- 7, 2012 $490.00 4. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Maxine Tisdale Community Development Board March 1, 2013 New Appointment February 20, 2012 Page 2 Class C Beer License Permit Application 5. Hy -Vee Food Store & Drugstore #4, 4000 (Expires 3/15/13) (Includes Sunday Sales) 6. Target Store T-1792, 1501 E. San Marnan (Includes Sunday Sales) Class E Liquor License Permit Application 7. Hy -Vee Food Store & Drugstore #4, 4000 (Expires 3/15/13) (Includes Sunday Sales) 8. Target Store T-1792, 1501 E. San Marnan (Includes Sunday Sales) Class B Wine License Permit Application 9. Hy -Vee Food Store & Drugstore #4, 4000 (Expires 3/15/13) (Includes Sunday Sales) 10. Target Store T-1792, 1501 E. San Marnan (Includes Sunday Sales) 11. Bonds University Avenue (Renewal) (Renewal) (Expires 6/27/12) University Avenue (Renewal) (Renewal) (Expires 6/27/12) University Avenue (Renewal) (Renewal) (Expires 6/27/12) Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. Mayor Clark recognized Maxine Tisdale on her new appointment to the Community Development Board. PUBLIC HEARINGS 137449 - Hart/Welper that proof of publication of notice of public hearing on Request of FEPH- Acquisitions Fund II, LLC to rezone 4.58 acres from "C-2" Commercial District and "R-3" Multiple Residence District to "C -P" Planned Commercial District, to allow for the construction of a new 13,225 square foot CVS Pharmacy Store, as well as a future 18,761 square foot retail building, for property generally located at the northeast corner of East 1St Street and Franklin Street, more commonly known as the Immanuel Lutheran Church and School site, as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137450 - This being the time and place of public hearing, the Mayor called for written and oral objection. Lawrence Wheeler, 433 Bratnober, spoke in opposition to the location for the pharmacy. Willie Mae Wright, 327 Almond St., spoke in support of the location for the pharmacy. Mr. Getty questioned the additional traffic at this location. Noel Anderson, Community Planning and Development Director, reported that Ament Engineering has conducted a traffic study and traffic controls will be added to several locations to control traffic. Mr. Schmitt and Mr. Hart added that this development would be a great benefit to the neighborhood. Hart/Welper that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven., Motion carried. 137451 - Hart/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 424 to Section 2A-5, Rezoning Certain Property in conjunction with Request of FEPH-Acquisitions Fund II, LLC to rezone 4.58 acres from "C-2" Commercial District and "R-3" Multiple Residence District to "C -P" Planned Commercial District, to allow for the construction of a new 13,225 square foot CVS Pharmacy Store, as well as a future 18,761 square foot retail building, for property generally located at the northeast corner of East 1st Street and Franklin Street, more commonly known as the Immanuel Lutheran Church and School site", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.. February 20, 2012 Page 3 137452 - Hart/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137453 - Hart/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning. Ordinance by adding Subsection No. 424 to Section 2A-5, Rezoning Certain Property in conjunction with Request of FEPH-Acquisitions Fund II, LLC to rezone 4.58 acres from "C-2" Commercial District and "R-3" Multiple Residence District to "C -P" Planned Commercial District, to allow for the construction of a new 13,225 square foot CVS Pharmacy Store, as well as a future 18,761 square foot retail building, for property generally located at the northeast corner of East 1St Street and Franklin Street, more commonly known as the Immanuel Lutheran Church and School site", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5093. 137454 - Schmitt/Hart that proof of publication of notice of public hearing on Request of FEPH- Acquisitions Fund II, LLC to vacate portions of Walnut Street and Almond Street right-of-way to allow for the construction of a new CVS Pharmacy, as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137455 - 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 and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137456 - Schmitt/Hart that "an Ordinance vacating portions of Walnut Street and Almond Street right- of-way in conjunction with Request of FEPH-Acquisitions Fund II, LLC to vacate portions of Walnut Street and Almond Street right-of-way to allow for the construction of a new CVS Pharmacy", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137457 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137458 - Schmitt/Hart that "an Ordinance vacating portions of Walnut Street and Almond Street right- of-way in conjunction with Request of FEPH-Acquisitions Fund II, LLC to vacate portions of Walnut Street and Almond Street right-of-way to allow for the construction of a new CVS Pharmacy", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5094. 137459 - Schmitt/Hart that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Request of FEPH-Acquisitions Fund II, LLC to vacate portions of Walnut Street and Almond Street right-of-way to allow for the construction of a new CVS Pharmacy", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-152. 137460 - Cole/Hart that proof of publication of notice of public hearing on Development Agreement with FEPH-Acquisitions Fund II, LLC for the sale and conveyance of city -owned property for $1.00, generally located at the northeast corner of Franklin Street and Highway 63, for the construction of a 13,225 square foot CVS Pharmacy with a minimum assessed value of $1,500,000.00 and tax rebates for 6 years at 100 percent, as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. February 20, 2012 Page 4 137461 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 137462 - Cole/Hart that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Development Agreement with FEPH-Acquisitions Fund II, LLC for the sale and conveyance of city -owned property for $1.00, generally located at the northeast corner of Franklin Street and Highway 63, for the construction of a 13,225 square foot CVS Pharmacy with a minimum assessed value of $1,500,000.00 and tax rebates for 6 years at 100 percent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-153. 137463 - Cole/Hart that "Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document in conjunction with Development Agreement with FEPH-Acquisitions Fund II, LLC for the sale and conveyance of city -owned property for $1.00, generally located at the northeast corner of Franklin Street and Highway 63, for the construction of a 13,225 square foot CVS Pharmacy with a minimum assessed value of $1,500,000.00 and tax rebates for 6 years at 100 percent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-154. 137464 - Getty/Hart that proof of publication of notice of public hearing on Request for Proposals for Downtown Historic Survey Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, as published in the Waterloo Courier on February 7, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137465 - This being the time and place of public hearing, the Mayor called for written and oral objections. Getty/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 137466 - Getty/Hart that "Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Downtown Historic Survey Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-155. 137467 - Getty/Hart that "Resolution authorizing to proceed in conjunction with Request for Proposals for Downtown Historic Survey Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-156. February 20, 2012 Page 5 137468 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder Bid Security Bid Amount History Pays 4411 Ingersoll Avenue Des Moines, Iowa 50312 $3,761.25 $75,225.00 Louis Berger Group 4050 Pennsylvania Avenue Kansas City, Missouri 64111 $2,813.62 $56,248.00 Voice vote -Ayes: Seven. Motion carried. 137469 - Schmitt/Greenwood that proof of publication of notice of public hearing on 2012 Sullivan Park Shelter Project, as published in the Waterloo Courier on February 7, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137470 - This being the time and place of public hearing, the Mayor called for written and oral objections. Maxine Tisdale, 438 Cottage St., spoke in support of the project. Schmitt/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137471 - Schmitt/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2012 Sullivan Park Shelter Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-157. 137472 - Schmitt/Greenwood that "Resolution ordering construction in conjunction with 2012 Sullivan Park Shelter Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-158. 137473 - Schmitt/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Paul Huting noted that the project will replace the existing shelter and should start this spring. Bidder Bid Security Bid Amount B & B Builders & Supply 5728 Sierra Drive Waterloo, Iowa 50701 5% $51,956.00 Voice vote -Ayes: Seven. Motion carried. 137474 - Jones/Hart that proof of publication of notice of public hearing on F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784, as published in the Waterloo Courier on February 7, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. February 20, 2012 Page 6 137475 - This being the time and place of public hearing, the Mayor called for written and oral objections. Terry Sandberg, 230 W. Orange Rd., spoke in support of the project. He questioned what traffic controls will be added. Eric Thorson, City Engineer, commented that initially the traffic control would be handled with stop signs until increased traffic warrants a review. Jones/Hart that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137476 - Jones/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-159. 137477 - Jones/Hart that "Resolution ordering construction (Bids will be let by Iowa Dept of Transportation on February 21, 2012) in conjunction with F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-160. 137478 - Hart/Welper that proof of publication of notice of public hearing on 2012 Highland Park Basketball & Tennis Court Project, as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137479 - This being the time and place of public hearing, the Mayor called for written and oral objections. Joyce Ankrum, 215 Prospect, spoke is support of the project. Lawrence Wheeler, 433 Bratnober, spoke in opposition of the project. Mr. Greenwood commented that the basketball and tennis courts in Highland Park were removed approximately 5 years ago and were promised to be reinstalled. Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137480 - Hart/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2012 Highland Park Basketball & Tennis Court Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-161. 137481 - Hart/Welper that "Resolution ordering construction in conjunction with 2012 Highland Park Basketball & Tennis Court Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-162. February 20, 2012 Page 7 137482 - Hart/Welper to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Security Bid Amount Aspro, Inc. PO Box 2620 Waterloo, Iowa 50704 5% $89,075.00 Voice vote -Ayes: Seven. Motion carried. 137483 - Getty/Hart that proof of publication of notice of public hearing on Request for Proposals for Asbestos Survey Services for the following properties: 320 West 2nd Street and 218 West Mullan Avenue, as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137484 - This being the time and place of public hearing, the Mayor called for written and oral objections. Getty/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 137485 - Getty/Hart that "Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Asbestos Survey Services for the following properties: 320 West 2nd Street and 218 West Mullan Avenue", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-163. 137486 - Getty/Hart that "Resolution authorizing to proceed in conjunction with Request for Proposals for Asbestos Survey Services for the following properties: 320 West 2nd Street and 218 West Mullan Avenue", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-164. 137487 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder Bid Security Bid Amount ATC Associates Inc. 223 E. 4th Street, Suite D Waterloo, Iowa 50703 5% $1,195.00 Hawkeye Environmental LLC 814 Wood Lily Road Solon, Iowa 52333 $80.00 $1,600.00 Voice vote -Ayes: Seven. Motion carried. 137488 - Hart/Welper that proof of publication of notice of public hearing on Request for Proposals for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for the following properties: 212, 302, 306-308 and 312 Jefferson Streets; 319 West 2nd Street (Sports-Plex Area), as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137489 - This being the time and place of public hearing, the Mayor called for written and oral objections. Hart/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. February 20, 2012 Page 8 137490 - Hart/Welper that "Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for the following properties: 212, 302, 306-308 and 312 Jefferson Streets; 319 West 2nd Street (Sports-Plex Area)", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-165. 137491 - Hart/Welper that "Resolution authorizing to proceed in conjunction with Request for Proposals for Demolition and Site Clearance Services (no regulated asbestos - containing materials) for the following properties: 212, 302, 306-308 and 312 Jefferson Streets; 319 West 2nd Street (Sports-Plex Area)", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-166. 137492 - Hart/Welper to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder Bid Security Bid Amount Baker Concrete & Excavating 2203 E. Bremer Avenue PO Box 277 Waverly, Iowa 50677 5% $104,750.00 Benton's Sand & Gravel, Inc. 905 Center Street Cedar Falls, Iowa 50613 5% $48,900.00 Frickson Bros. Excavating 737 Colleen Avenue Evansdale, Iowa 50707 $4,120.00 $82,400.00 Kelly Demolition LLC 1100 W. Mt. Vernon Road Mount Vernon, Iowa 52314 5% $67,594.32 Lehman Trucking & Excavating, Inc. 1422 Ashland Avenue Waterloo, Iowa 50703 5% $44,850.00 McClain & Co., Inc. 520 Charles Street Waterloo, Iowa 50703 5% $68,750.00 Peterson Contractors Inc. Box A Reinbeck, Iowa 50669 5% $56,500.00 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 137493 - Welper/Hart that "Resolution approving the submission of grant application with Iowa Governor's Traffic Safety Bureau for Alcohol -Impaired Driving Incentive grant - Submitted by Daniel J. Trelka, Director of Safety Services", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-167. 137494 - Welper/Hart that "Resolution approving Completion of Project, Recommendation of Acceptance of Work and Release of Retainage in the amount of $5,183.50 for work performed by Reilly Construction Company, Inc. of Ossian, Iowa at a total cost of $103,670.00 ill conjunction with F.Y. 2011 Highway 63 South Manhole Rehabilitation, Contract No. 809; and receive and file two-year Maintenance Bond -Submitted by Larry N. Smith, Waste Management Services Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-168. February 20, 2012 Page 9 137495 - Welper/Hart that "Resolution approving submission of application to the Iowa Economic Development Authority for CDBG Supplemental Funds in the amount of $1,080,277.00 for the purpose of funding Single -Family New Construction Unit Production - Round No. 4 -Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-169. 137496 - Greenwood/Schmitt that "Resolution approving Second Amendment to Option and Lease Agreement with New Cingular Wireless, PCS, LLC for the lease of a cellular tower near the Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-170. 137497 - Greenwood/Schmitt that "Resolution approving request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat Submittal, Section 5.1 Preliminary Plat requirements, and Section 5.2 Final Plat requirements for Preliminary and Final Plat of Waterloo Rx First and Franklin Subdivision - Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-171. 137498 - Greenwood/Schmitt that "Resolution approving the Preliminary and Final Plats, together with staff report, aerial photo of the area, Preliminary and Final Plats, Deed of Dedication and Report of the City Engineer in conjunction with Waterloo Rx First and Franklin Subdivision -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-172. 137499 - Schmitt/Welper that "Resolution approving Right -of -Way License Agreement with Cedar Falls Utilities to utilize public right-of-ways for the installation, operation and maintenance of a fiber optic network; and authorize Mayor to execute said document -Submitted by Eric Thorson, PE, City Engineer", be adopted. Roll call vote -Ayes: Seven. Mr. Jones disclosed that one of the businesses requesting is his employer but he has conferred with the City Attorney and does not have a conflict of interest. Resolution adopted and upon approval by Mayor assigned No. 2012-173. 137500 - Schmitt/Welper that "Resolution approving amended purchase price for the Purchase of a New Fire Truck from Marion Body Works of Marion, Wisconsin in the amount of $457,167.00; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Pat Treloar, Chief of Fire Services", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-174. 137501 - Schmitt/Welper that "Resolution approving and accepting certain acquisition contracts and certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way and temporary easements in conjunction with related to the East Donald Street reconstruction project between Logan Avenue (Highway 63), eastward to Mildred Avenue from the following: Robert Shelburg in the amount of $165.95; Waltrust Properties, Inc. in the amount of $3,070.07; David and Patricia Yossi in the amount of $100.00; Thompson Rental Holdings III, LLC in the amount of $218.61; Avita Developments, LLC (Donated); and Stokes Development, LLC in the amount of $129.50; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-175. February 20, 2012 Page 10 137502 - Cole/Hart that "Resolution setting date of hearing as March 5, 2012 to approve request of South Waterloo Development, LLC to rezone approximately 13.54 acres from "R-4" Multiple Residence District and "M-1" Light Industrial District to "M-1" Light Industrial District, property located south of 3353 Marnie Avenue for future light industrial development; and instruct City Clerk to publish .notice - Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-176. 137503 - Cole/Hart that "Resolution setting date of hearing as March 5, 2012 to approve request of South Waterloo Development, LLC to vacate, sell and convey a portion of West 4th Street right-of-way in the 3800 block of West 4th Street subject to the retention of a utility easement over, under and upon the area to be vacated to allow for the construction of new condominiums for $1.00; and instruct City Clerk to publish notice -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-177. 137504 - Cole/Hart that "Resolution setting date of hearing as March 5, 2012 to approve request of South Waterloo Development, LLC to rezone approximately 13.54 acres from "R-4" Multiple Residence district and "M-1" Light Industrial District to "M-1" Light Industrial District, property located south of 3230 Marnie Avenue for future light industrial development; and instruct City Clerk to publish notice - Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-178. 137505 - Cole/Hart that "Resolution setting date of hearing for the FYE2013 Budget as March 8, 2012; and instruct City Clerk to publish notice -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-179. OTHER COUNCIL BUSINESS 137506 - Hart/Welper to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Asbestos Abatement Services for the following properties: 820 and 910 Sycamore Street; 626-628 W. 9th Street; and 1518 W. 4th Street, be approved. Voice vote -Ayes: Seven. Motion carried. 137507 - Hart/Welper that Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Asbestos Abatement Services for the following properties: 820 and 910 Sycamore Street; 626-628 W. 9th Street; and 1518 W. 4th Street, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137508 - Hart/Welper that "Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Asbestos Abatement Services for the following properties: 820 and 910 Sycamore Street; 626-628 W. 9th Street; and 1518 W. 4th Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-180. February 20, 2012 Page 11 137509 - Hart/Welper that "Resolution setting date of hearing and bid opening as February 27, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Asbestos Abatement Services for the following properties: 820 and 910 Sycamore Street; 626-628 W. 9th Street; and 1518 W. 4th Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-181. 137510 - Hart/Welper to instruct Leisure Services Director to prepare plans, specifications, bid documents, etc. in conjunction with 2012 Right -of -Way Mowing, be approved. Voice vote -Ayes: Seven. Motion carried. 137511 - Hart/Welper that plans, specifications, bid documents, etc. in conjunction with 2012 Right - of -Way Mowing, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137512 - Hart/Welper that "Resolution preliminarily approving plans, specifications, bid documents, etc. in conjunction with 2012 Right -of -Way Mowing", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-182. 137513 - Hart/Welper that "Resolution setting date of hearing and bid opening as March 5, 2012; and instruct City Clerk to publish notice of plans, specifications, bid documents, etc. in conjunction with 2012 Right -of -Way Mowing", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-183. ORAL PRESENTATIONS Lawrence Wheeler, 433 Bratnober, reported that his previous statements regarding crime activity were not intended to be racial comments. He asked that the City make more of an effort to hire minorities. 137514 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137515 - Hart/Welper that the council adjourn to Executive Session at 6:27 p.m. Roll call vote -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)(2011). EXECUTIVE SESSION 137516 - Hart/Jones that the council adjourn Executive Session at 6:51 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 137517 - Hart/Welper that the Council adjourn at 6:51 p.m. Voice vote -Ayes: Seven. Motion carried. zy Sc ares City Cl rk