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HomeMy WebLinkAboutMinutes-10/08/2012October 8, 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, October 8, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works. 139925 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 8, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 139926 - Hart/Schmitt that the Minutes, as proposed, for the October 1, 2012, Regular Session and September 27, 2012 Special Session, be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring the week of October 7-13, 2012 as "Fire Prevention Week." Mayor Clark read a Proclamation declaring October 2012 as "National Anti - Bullying Month". Mayor Clark read a Proclamation declaring October 7-13, 2012 as "Mental Illness Awareness Week". CONSENT AGENDA 139927 - 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 Accounts Payable Invoice Report, pp. 1-28, dated October 8, 2012, in the amount of $3,095,557.93, 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. 2012-982. 2. Resolution approving Request of Cunningham Construction for a variance of the Noise Control Ordinance to allow new pavement to be saw cut by contractor along Donald Street from Highway 63 to Mildred Street until estimated completion of project of June 2013 for the FY 2012 East Donald Street Improvements, Contract No. 797 -Submitted by Eric Thorson, P.E., City Engineer Resolution adopted and upon approval by Mayor assigned No. 2012-983. 3. Request of Craig Tix for tax exemptions on improvements totaling $310,000.00 for property located at 4756 Yellowstone Road and located in the City Limits Urban Revitalization Area (CLURA)-Submitted by Noel Anderson, Community Planning & Development Director Resolution adopted and upon approval by Mayor assigned No. 2012-984. 4. Request of Dorothy and Robert Hill for tax exemptions on improvements totaling $215,000.00 for property located at 423 Lane Street and located in the Consolidated Urban Revitalization Area (CURA)-Submitted by Noel Anderson, Community Planning & Development Director Resolution adopted and upon approval by Mayor assigned No. 2012-985. October 8, 2012 b. Motion to approve the following: Page 2 1. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Shari King ADA Compliance Commission October 8, 2015 New Appointment Class C Beer License Permit Application 2. Byron Supermarket Inc., 306 Byron Avenue (New) (Expires 7/1/2013) (Includes Sunday Sales) 3. Kwik Star #380, 506 W. 9th Street (Renewal) (Expires 11/16/2013) (Includes Sunday Sales) Class B Liquor License Permit Application 4. Ramada Inn, 205 W. 4th Street (Renewal) (Expires 4/30/2013) (Includes Sunday Sales) Class C Liquor License Permit Application 5. Candela Night Club, 313 W. 5th Street (New) (Expires 10/1/2013) (Includes Sunday Sales) Class E Liquor License Permit Application 6. Byron Supermarket Inc., 306 Byron Avenue (New) (Expires 7/1/2013) (Includes Sunday Sales) Class B Wine License Permit Application 7. Byron Supermarket Inc., 306 Byron Avenue (New) (Expires 7/1/2013) (Includes Sunday Sales) Class B Native Wine License Permit Application 8. Byron Supermarket Inc., 306 Byron Avenue (New) (Expires 7/1/2013) (Includes Sunday Sales) 9. Petersen & Tietz Florist & Greenhouse, Inc., 2275 Independence Avenue (Renewal) (Expires 10/1/2013) (Includes Sunday Sales) Outdoor Service Area Application 10.The Winning Edge, 341 Fletcher Avenue 11.Bonds Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. Mayor Clark recognized the new appointee to the ADA Commission. PUBLIC HEARINGS 139928 - Schmitt/Welper that proof of publication of notice of public hearing on F.Y. 2013 Dry Run Creek Gate Well Replacement Contract No. 814, as published in the Waterloo Courier on October 2, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139929 - 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. Voice vote -Ayes: Seven. Motion carried. 139930 - Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Dry Run Creek Gate Well Replacement Contract No. 814", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-986. 139931 - Schmitt/Welper that "Resolution ordering construction in conjunction with F.Y. 2013 Dry Run Creek Gate Well Replacement Contract No. 814", be adopted. Roll call vote -Ayes: Seven. October 8, 2012 Resolution adopted and upon approval by Mayor assigned No. 2012-987. 139932 - Schmitt/Welper Page 3 to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review in conjunction with F.Y. 2013 Dry Run Creek Gate Well Replacement Contract No. 814: Bidder Bid Security Bid Amount Peterson Contractors Inc. Box A Reinbeck, Iowa 50669-0155 5% $515,976.25 Reilly Construction Co., Inc. 110 Main Street P.O. Box 99 Ossian, Iowa 52161 5% $447,672.00 Voice vote -Ayes: Seven. Motion carried. 139933 - Greenwood/Schmitt that proof of publication of notice of public hearing on Request of City of Waterloo to vacate portions of the public alley located within Wilbys Addition, generally located along the north side of Glenwood Street, west of Linden Avenue, subject to the condition that trees or shrubs be planted within the east -west portion of the vacated alley to screen the Public Works Facility from the homes to the south, and that an access easement be retained over the north - south portion of the vacated alley to provide access to 717 Glenwood Street and the vacant lot north of 717 Glenwood Street, as published in the Waterloo Courier on October 2, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139934 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 139935 - Greenwood/Schmitt that "an Ordinance vacating portions of the public alley located within Wilbys Addition, generally located along the north side of Glenwood Street, west of Linden Avenue, subject to the condition that trees or shrubs be planted within the east -west portion of the vacated alley to screen the Public Works Facility from the homes to the south, and that an access easement be retained over the north -south portion of the vacated alley to provide access to 717 Glenwood Street and the vacant lot north of 717 Glenwood Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 139936 - Greenwood/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. 139937 - Greenwood/Schmitt. that "an Ordinance vacating portions of the public alley located within Wilbys Addition, generally located along the north side of Glenwood Street, west of Linden Avenue, subject to the condition that trees or shrubs be planted within the east -west portion of the vacated alley to screen the Public Works Facility from the homes to the south, and that an access easement be retained over the north -south portion of the vacated alley to provide access to 717 Glenwood Street and the vacant lot north of 717 Glenwood Street", 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. 5134. October 8, 2012 Page 4 RESOLUTIONS 139938- Schmitt/Welper that "Resolution approving Request of Five Star Snow Trails Association to approve an application with Iowa Department of Transportation to place signs within State Highway right of way to allow the Five Star Snow Trails Association to place snowmobile signs on city right-of-way; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-988. 139939 - Schmitt/Welper that "Resolution approving award of bid to Municipal Pipe Tool Co. LLC of Hudson, Iowa in the amount of $177,098.60; and approving the Contract, Bonds and Certificate of Insurance for the F.Y. 2012 CIP Sewer Lining, West Airline Highway, Contract No. 834; and authorize Mayor and City Clerk to execute said documents -Submitted by Larry N. Smith, Waste Management Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-989. 139940 - Schmitt/Welper that "Resolution approving the denial of bid from Story Construction of Ames, Iowa in the amount of $62,000.00 for the F.Y. 2013 Bar Screen Heater Replacement Project, Contract No. 839 -Submitted by Larry N. Smith, Waste Management Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-990. 139941 - Welper/Schmitt that "Resolution approving award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $93,292.75; and approving Contract, Bonds and Certificate of Insurance for the F.Y. 2013 Trail Repair Program - Zone 1, Contract No. 825; and authorize Mayor and City Clerk to execute said documents -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Nays: One (Jones). Resolution adopted and upon approval by Mayor assigned No. 2012-991. 139942 - Welper/Schmitt that "Resolution rescinding Resolution No. 2010-79 adopted on February 8, 2010 for the approval of a Development Agreement for the construction of a new Subway strip mall in the Logan Plaza area -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-992. 139943 - Hart/Welper that "Resolution accepting and approving the acquisition of property generally located at 1427 Jefferson 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. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-993. 139944 - Hart/Welper that "Resolution accepting and approving the acquisition of property generally located at 421 Almond 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. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-994. October 8, 2012 139945 - Hart/Welper Page 5 that "Resolution accepting and approving the acquisition of property generally located at 936 West 7th 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. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-995. 139946 - Hart/Welper that "Resolution accepting and approving the acquisition of property generally located at 506 Reed 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. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-996. 139947 - Hart/Welper that "Resolution accepting and approving the acquisition of property generally located at 532 Sumner 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. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-997. 139948 - Cole/Greenwood that "Resolution fixing date of hearing as October 22, 2012 on the issuance of not to exceed $750,000.00 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of remediation, replacement and improvement of property, buildings, equipment, and public facilities that have been damaged by a disaster as defined in Section 29C.2 and that are located in an area that the President of the United States has declared a major disaster (FEMA -DR -1763), including the relocated Public Works building/Central Garage Facilities Centralization project; 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. 2012-998. 139949 - Cole/Greenwood that "Resolution setting date of hearing as October 22, 2012 to approve the reallocation of unspent bond proceeds from the 2007A General Obligation Bonds in an amount not to exceed $200,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay for equipping and remodeling City facilities, including City Hall; 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. 2012-999. 139950 - Cole/Greenwood that "Resolution setting date of hearing as October 22, 2012 to approve the reallocation of unspent bond proceeds from the 2010A General Obligation Bonds in an amount not to exceed $150,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay for information technology needs; 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. 2012-1000. October 8, 2012 Page 6 139951 - Cole/Greenwood that "Resolution setting date of hearing as October 22, 2012 to approve the reallocation of unspent bond proceeds from the 2011A General Obligation Bonds in an amount not to exceed $250,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay for computer software and hardware, including financial, payroll and community development software; and instruct City Clerk to publish notice -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Six. Nays: One (Schmitt). Mr. Hart requested a list of unspent bond proceeds for the last five years and a breakdown of the expenses of each of these expenditures. Resolution adopted and upon approval by Mayor assigned No. 2012-1001. 139952 - Cole/Greenwood that "Resolution setting date of hearing as October 22, 2012 to approve a Development Agreement for Stick Brothers, L.L.C. for the sale and conveyance of city -owned property, approximately 13 acres of land, for the purposes of rubble deposit and rock crushing operations; and instruct City Clerk to publish notice - Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Mr. Schmitt questioned whether this is the best utilization of the land. Noel Anderson, Community Planning and Development Director, reported that the applicant will be saving a portion of the land for construction of a building and it is a good fit with the surrounding businesses. Resolution adopted and upon approval by Mayor assigned No. 2012-1002. 139953 - Getty/Welper that "Resolution setting date of hearing as October 22, 2012 to approve request by Stick Brothers, L.L.C. for a site plan amendment in the "M -2,P" Planned Heavy Industrial District to allow for the establishment of a rock crushing operation and rubble fill site, generally located along the west side of Northeast Drive, south of Martin Luther King, Junior Drive and just south of the railroad tracks; 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. 2012-1003. 139954 - Getty/Welper that "Resolution setting date of hearing as October 22, 2012 to approve sale of 1427 Jefferson Street for $1.00 plus costs with a development agreement to Kent Orchard; 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. 2012-1004. 139955 - Getty/Welper that "Resolution resetting date of hearing and bid opening as October 22, 2012 on the Wireless Communication Services; and instruct City Clerk to publish notice -Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1005. 139956 - Cole/Welper that "Resolution approving the request of Waterloo Historic Preservation Commission to designate Washington Park as a local historic landmark in conjunction with Designation of Washington Park as a Local Historic Landmark, generally bounded between South Street, Washington Street, West Park Avenue and West 3rd Street -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. LaTonya Graves, 607 E. Donald Street, spoke in opposition of the designation of Washington Park as a local historic landmark. Mayor Clark noted for the record that the Planning and Zoning Commission and the Leisure Services Commission recommended this item for denial. He also noted that this designation would not stop the MLK Memorial from being allowed in the park. It can still go before Council for a decision. October 8, 2012 Page 7 Mr. Schmitt questioned whether this motion includes the recommendation from the Planning and Zoning Commission and the Leisure Services Director and how often the Council has overridden two other commissions. Suzy Schares, City Clerk, reported that the recommendations were a separate motion and are on record. Mr. Hart questioned whether overruling the Planning Commissions recommendation would require a 2/3 vote. He cited 2-1-4 of the Zoning Ordinance. Jim Walsh, City Attorney, explained the rules for bringing a motion back to Council and for overruling the commission's recommendation. He reported that the section cited only references zoning issues. 139957 - Hart/Schmitt To table the request of Waterloo Historic Preservation Commission to designate Washington Park as a local historic landmark in conjunction with Designation of Washington Park as a Local Historic Landmark, generally bounded between South Street, Washington Street, West Park Avenue and West 3rd Street. Roll call vote - Ayes: Four. Nays: Three (Cole, Getty, Welper). Motion carried. 139958 - Schmitt/Greenwood that "Resolution approving the request of Waterloo Historic Preservation Commission to designate Lincoln Park as a local historic landmark in conjunction with Designation of Lincoln Park as a Local Historic Landmark, generally bounded between East Park Avenue, East 4th Street, Franklin Street and Mulberry Street - Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Mr. Hart questioned what votes were cast last week for the items and who was allowed to ask for reconsideration. Suzy Schares, City Clerk, explained the votes from last week and why the motion was restated. Mr. Schmitt expressed concern with adding another layer to the approval process for changes to the parks. 139959 - Hart/Schmitt To table the request of Waterloo Historic Preservation Commission to designate Lincoln Park as a local historic landmark in conjunction with Designation of Lincoln Park as a Local Historic Landmark, generally bounded between East Park Avenue, East 4th Street, Franklin Street and Mulberry Street. Roll call vote - Ayes: Four. Nays: Three (Cole, Getty, Welper). Motion carried. OTHER COUNCIL BUSINESS 139960 - Hart/Welper to instruct Public Works Director to prepare specifications, bid document, etc. in conjunction with Purchase of One (1) 2013 Automated Side -Loader Garbage Truck for the Sanitation Department, be approved. Voice vote -Ayes: Seven. Motion carried. 139961 - Hart/Welper that specifications, bid document, etc. in conjunction with Purchase of One (1) 2013 Automated Side -Loader Garbage Truck for the Sanitation Department, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139962 - Hart/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase of One (1) 2013 Automated Side -Loader Garbage Truck for the Sanitation Department", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1006. October 8, 2012 Page 8 139963 - Hart/Welper that "Resolution setting date of hearing and bid opening as November 13, 2012; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Purchase of One (1) 2013 Automated Side - Loader Garbage Truck for the Sanitation Department", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1007. 139964 - Hart/Welper to instruct Public Works Director to prepare specifications, bid document, etc, in conjunction with Rental of Three (3) Motor Graders to Support Snow Operations, be approved. Voice vote -Ayes: Seven. Motion carried. 139965 - Hart/Welper that specifications, bid document, etc. in conjunction with Rental of Three (3) Motor Graders to Support Snow Operations, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139966 - Hart/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Rental of Three (3) Motor Graders to Support Snow Operations", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1008. 139967 - Hart/Welper that "Resolution setting date of hearing and bid opening as October 22, 2012; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Rental of Three (3) Motor Graders to Support Snow Operations", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1009. 139968 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Chautauqua Park Curb Repair, Contract No. 828, be approved. Voice vote -Ayes: Seven. Motion carried. 139969 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Chautauqua Park Curb Repair, Contract No. 828, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139970 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Chautauqua Park Curb Repair, Contract No. 828", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1010. 139971 - Hart/Welper that "Resolution setting date of hearing and bid opening as October 22, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Chautauqua Park Curb Repair, Contract No. 828", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1011. 139972 - Hart/Welper to instruct Chief of Fire Services to prepare specifications, bid document, etc. in conjunction with Purchase a 2014 Freightliner M2-106 Chassis and Ambulance Module, be approved. Voice vote -Ayes: Seven. Motion carried. 139973 - Hart/Welper that specifications, bid document, etc. in conjunction with Purchase a 2014 Freightliner M2-106 Chassis and Ambulance Module, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Y October 8, 2012 139974 - Hart/Welper Page 9 that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase a 2014 Freightliner M2-106 Chassis and Ambulance Module", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1012. 139975 - Hart/Welper that "Resolution setting date of hearing and bid opening as November 19, 2012; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Purchase a 2014 Freightliner M2-106 Chassis and Ambulance Module", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1013. ORAL PRESENTATIONS Forest Dillavou, 1725 Huntington Road, expressed for concern with the City removing the 657a properties. He asked for the owners to have to tear down the dilapidated houses. Mayor Clark reported that he has spoke with MidAmerican Energy and they will be working with the City to get streetlights working. He made a plea to the citizens to report streetlights that are not working so they can get fixed. The Police Department will utilize the reserves to report lights that are out. LaTonya Jones, expressed concern with the lack of street lighting on Ralston Road and Idaho. An additional light was requested. 139976 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 139977 - Hart/Schmitt that the Council adjourn at 6:30 p.m. Voice vote -Ayes: Seven. Motion carried. uzy c ares City C1-rk October 8, 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, October 8, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works. 139925 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 8, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 139926 - Hart/Schmitt that the Minutes, as proposed, for the October 1, 2012, Regular Session and September 27, 2012 Special Session, be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring the week of October 7-13, 2012 as "Fire Prevention Week." Mayor Clark read a Proclamation declaring October 2012 as "National Anti - Bullying Month". Mayor Clark read a Proclamation declaring October 7-13, 2012 as "Mental Illness Awareness Week". CONSENT AGENDA 139927 - Hart/Schmitt Cie.v14pZ that the following items on the consent agenda be received, placed on file and approved: a.Resolutions to approve the following: 1. Resolution approving Accounts Payable Invoice Report, pp. 1-28, dated October 8, 2012, in the amount of $3,095,557.93, 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. 2012-982. 2. Resolution approving Request of Cunningham Construction for a variance of the Noise Control Ordinance to allow new pavement to be saw cut by contractor along Donald Street from Highway 63 to Mildred Street until estimated completion of project of June 2013 for the FY 2012 East Donald Street Improvements, Contract No. 797 -Submitted by Eric Thorson, P.E., City Engineer Resolution adopted and upon approval by Mayor assigned No. 2012-983. 3. Request of Craig Tix for tax exemptions on improvements totaling $310,000.00 for property located at 4756 Yellowstone Road and located in the City Limits Urban Revitalization Area (CLURA)-Submitted by Noel Anderson, Community Planning & Development Director Resolution adopted and upon approval by Mayor assigned No. 2012-984. 4. Request of Dorothy and Robert Hill for tax exemptions on improvements totaling $215,000.00 for property located at 423 Lane Street and located in e—city" Urban Revitalization Area (CURA)-Submitted by Noel Anderson, Community Planning & Development Director Resolution adopted and upon approval by Mayor assigned No. 2012-985. October 8, 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, October 8, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works. 139925 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 8, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 139926 - Hart/Schmitt that the Minutes, as proposed, for the October 1, 2012, Regular Session and September 27, 2012 Special Session, be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring the week of October 7-13, 2012 as "Fire Prevention Week." Mayor Clark read a Proclamation declaring October 2012 as "National Anti - Bullying Month". Mayor Clark read a Proclamation declaring October 7-13, 2012 as "Mental Illness Awareness Week". CONSENT AGENDA 139927 - 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 Accounts Payable Invoice Report, pp. 1-28, dated October 8, 2012, in the amount of $3,095,557.93, 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. 2012-982. 2. Resolution approving Request of Cunningham Construction for a variance of the Noise Control Ordinance to allow new pavement to be saw cut by contractor along Donald Street from Highway 63 to Mildred Street until estimated completion of project of June 2013 for the FY 2012 East Donald Street Improvements, Contract No. 797 -Submitted by Eric Thorson, P.E., City Engineer Resolution adopted and upon approval by Mayor assigned No. 2012-983. 3. Request of Craig Tix for tax exemptions on improvements totaling $310,000.00 for property located at 4756 Yellowstone Road and located in the City Limits Urban Revitalization Area (CLURA)-Submitted by Noel Anderson, Community Planning & Development Director Resolution adopted and upon approval by Mayor assigned No. 2012-984. 4. Request of Dorothy and Robert Hill for tax exemptions on improvements totaling $215,000.00 for property located at 423 Lane Street and located in the City Urban Revitalization Area (CURA)-Submitted by Noel Anderson, Community Planning & Development Director Resolution adopted and upon approval by Mayor assigned No. 2012-985. October 8, 2012 Page 2 b. Motion to approve the following: 1. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Shari King ADA Compliance Commission October 8,2015 New Appointment Class C Beer License Permit Application 2. Byron Supermarket Inc., 306 Byron Avenue (New) (Expires 7/1/2013) (Includes Sunday Sales) 3. Kwik Star #380, 506 W. 9th Street (Renewal) (Expires 11/16/2013) (Includes Sunday Sales) Class B Liquor License Permit Application 4. Ramada Inn, 205 W. 4th Street (Renewal) (Expires 4/30/2013) (Includes Sunday Sales) Class C Liquor License Permit Application 5. Candela Night Club, 313 W. 5th Street (New) (Expires 10/1/2013) (Includes Sunday Sales) Class E Liquor License Permit Application 6. Byron Supermarket Inc., 306 Byron Avenue (New) (Expires 7/1/2013) (Includes Sunday Sales) Class B Wine License Permit Application 7. Byron Supermarket Inc., 306 Byron Avenue (New) (Expires 7/1/2013) (Includes Sunday Sales) Class B Native Wine License Permit Application 8. Byron Supermarket Inc., 306 Byron Avenue (New) (Expires 7/1/2013) (Includes Sunday Sales) 9. Petersen & Tietz Florist & Greenhouse, Inc., 2275 Independence Avenue (Renewal) (Expires 10/1/2013) (Includes Sunday Sales) Outdoor Service Area Application 10.The Winning Edge, 341 Fletcher Avenue 11.Bonds Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. Mayor Clark recognized the new appointee to the ADA Commission. PUBLIC HEARINGS 139928 - Schmitt/Welper that proof of publication of notice of public hearing on F.Y. 2013 Dry Run Creek Gate Well Replacement Contract No. 814, as published in the Waterloo Courier on October 2, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139929 - 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. Voice vote -Ayes: Seven. Motion carried. 139930 - Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Dry Run Creek Gate Well Replacement Contract No. 814", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-986. 139931 - Schmitt/Welper that "Resolution ordering construction in conjunction with F.Y. 2013 Dry Run Creek Gate Well Replacement Contract No. 814", be adopted. Roll call vote -Ayes: Seven. October 8, 2012 Resolution adopted and upon approval by Mayor assigned No. 2012-987. 139932 - Schmitt/Welper Page 3 to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review in conjunction with F.Y. 2013 Dry Run Creek Gate Well Replacement Contract No. 814: Bidder Bid Security Bid Amount Peterson Contractors Inc. Box A Reinbeck, Iowa 50669-0155 5% $515,976.25 Reilly Construction Co., Inc. 110 Main Street P.O. Box 99 Ossian, Iowa 52161 5% $447,672.00 Voice vote -Ayes: Seven. Motion carried. 139933 - Greenwood/Schmitt that proof of publication of notice of public hearing on Request of City of Waterloo to vacate portions of the public alley located within Wilbys Addition, generally located along the north side of Glenwood Street, west of Linden Avenue, subject to the condition that trees or shrubs be planted within the east -west portion of the vacated alley to screen the Public Works Facility from the homes to the south, and that an access easement be retained over the north - south portion of the vacated alley to provide access to 717 Glenwood Street and the vacant lot north of 717 Glenwood Street, as published in the Waterloo Courier on October 2, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139934 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 139935 - Greenwood/Schmitt that "an Ordinance vacating portions of the public alley located within Wilbys Addition, generally located along the north side of Glenwood Street, west of Linden Avenue, subject to the condition that trees or shrubs be planted within the east -west portion of the vacated alley to screen the Public Works Facility from the homes to the south, and that an access easement be retained over the north -south portion of the vacated alley to provide access to 717 Glenwood Street and the vacant lot north of 717 Glenwood Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 139936 - Greenwood/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. 139937 - Greenwood/Schmitt that "an Ordinance vacating portions of the public alley located within Wilbys Addition, generally located along the north side of Glenwood Street, west of Linden Avenue, subject to the condition that trees or shrubs be planted within the east -west portion of the vacated alley to screen the Public Works Facility from the homes to the south, and that an access easement be retained over the north -south portion of the vacated alley to provide access to 717 Glenwood Street and the vacant lot north of 717 Glenwood Street", 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. 5134. October 8, 2012 Page 4 RESOLUTIONS 139938- Schmitt/Welper that "Resolution approving Request of Five Star Snow Trails Association to approve an application with Iowa Department of Transportation to place signs within State Highway right of way to allow the Five Star Snow Trails Association to place snowmobile signs on city right-of-way; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-988. 139939 - Schmitt/Welper that "Resolution approving award of bid to Municipal Pipe Tool Co. LLC of Hudson, Iowa in the amount of $177,098.60; and approving the Contract, Bonds and Certificate of Insurance for the F.Y. 2012 CIP Sewer Lining, West Airline Highway, Contract No. 834; and authorize Mayor and City Clerk to execute said documents -Submitted by Larry N. Smith, Waste Management Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-989. 139940 - Schmitt/Welper that "Resolution approving the denial of bid from Story Construction of Ames, Iowa in the amount of $62,000.00 for the F.Y. 2013 Bar Screen Heater Replacement Project, Contract No. 839 -Submitted by Larry N. Smith, Waste Management Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-990. 139941 - Welper/Schmitt that "Resolution approving award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $93,292.75; and approving Contract, Bonds and Certificate of Insurance for the F.Y. 2013 Trail Repair Program - Zone 1, Contract No. 825; and authorize Mayor and City Clerk to execute said documents -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Nays: One (Jones) . Resolution adopted and upon approval by Mayor assigned No. 2012-991. 139942 - Welper/Schmitt that "Resolution rescinding Resolution No. 2010-79 adopted on February 8, 2010 for the approval of a Development Agreement for the construction of a new Subway strip mall in the Logan Plaza area -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-992. 139943 - Hart/Welper that "Resolution accepting and approving the acquisition of property generally located at 1427 Jefferson 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. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-993. 139944 - Hart/Welper that "Resolution accepting and approving the acquisition of property generally located at 421 Almond 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. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-994. October 8, 2012 Page 5 139945 - Hart/Welper that "Resolution accepting and approving the acquisition of property generally located at 936 West 7th 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. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-995. 139946 - Hart/Welper that "Resolution accepting and approving the acquisition of property generally located at 506 Reed 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. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-996. 139947 - Hart/Welper that "Resolution accepting and approving the acquisition of property generally located at 532 Sumner 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. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-997. 139948 - Cole/Greenwood that "Resolution fixing date of hearing as October 22, 2012 on the issuance of not to exceed $750,000.00 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of remediation, replacement and improvement of property, buildings, equipment, and public facilities that have been damaged by a disaster as defined in Section 29C.2 and that are located in an area that the President of the United States has declared a major disaster (FEMA -DR -1763), including the relocated Public Works building/Central Garage Facilities Centralization project; 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. 2012-998. 139949 - Cole/Greenwood that "Resolution setting date of hearing as October 22, 2012 to approve the reallocation of unspent bond proceeds from the 2007A General Obligation Bonds in an amount not to exceed $200,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay for equipping and remodeling City facilities, including City Hall; 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. 2012-999. 139950 - Cole/Greenwood that "Resolution setting date of hearing as October 22, 2012 to approve the reallocation of unspent bond proceeds from the 2010A General Obligation Bonds in an amount not to exceed $150,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay for information technology needs; 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. 2012-1000. October 8, 2012 Page 6 139951 - Cole/Greenwood that "Resolution setting date of hearing as October 22, 2012 to approve the reallocation of unspent bond proceeds from the 2011A General Obligation Bonds in an amount not to exceed $250,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay for computer software and hardware, including financial, payroll and community development software; and instruct City Clerk to publish notice -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Six. Nays: One (Schmitt). Mr. Hart requested a list of unspent bond proceeds for the last five years and a breakdown of the expenses of each of these expenditures. Resolution adopted and upon approval by Mayor assigned No. 2012-1001. 139952 - Cole/Greenwood that "Resolution setting date of hearing as October 22, 2012 to approve a Development Agreement for Stick Brothers, L.L.C. for the sale and conveyance of city -owned property, approximately 13 acres of land, for the purposes of rubble deposit and rock crushing operations; and instruct City Clerk to publish notice - Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Mr. Schmitt questioned whether this is the best utilization of the land. Noel Anderson, Community Planning and Development Director, reported that the applicant will be saving a portion of the land for construction of. a building and it is a good fit with the surrounding businesses. Resolution adopted and upon approval by Mayor assigned No. 2012-1002. 139953 - Getty/Welper that "Resolution setting date of hearing as October 22, 2012 to approve request by Stick Brothers, L.L.C. for a site plan amendment in the "M -2,P" Planned Heavy Industrial District to allow for the establishment of a rock crushing operation and rubble fill site, generally located along the west side of Northeast Drive, south of Martin Luther King, Junior Drive and just south of the railroad tracks; 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. 2012-1003. 139954 - Getty/Welper that "Resolution setting date of hearing as October 22, 2012 to approve sale of 1427 Jefferson Street for $1.00 plus costs with a development agreement to Kent Orchard; 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. 2012-1004. 139955 - Getty/Welper that "Resolution resetting date of hearing and bid opening as October 22, 2012 on the Wireless Communication Services; and instruct City Clerk to publish notice -Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1005. 139956 - Cole/Welper that "Resolution approving the request of Waterloo Historic Preservation Commission to designate Washington Park as a local historic landmark in conjunction with Designation of Washington Park as a Local Historic Landmark, generally bounded between South Street, Washington Street, West Park Avenue and West 3rd Street -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. LaTonya Graves, 607 E. Donald Street, spoke in opposition of the designation of Washington Park as a local historic landmark. Mayor Clark noted for the record that the Planning and Zoning Commission and the Leisure Services Commission recommended this item for denial. He also noted that this designation would not stop the MLK Memorial from being allowed in the park. It can still go before Council for a decision. October 8, 2012 Page 7 Mr. Schmitt questioned whether this motion includes the recommendation from the Planning and Zoning Commission and the Leisure Services Director and how often the Council has overridden two other commissions. Suzy Schares, City Clerk, reported that the recommendations were a separate motion and are on record. Mr. Hart questioned whether overruling the Planning Commissions recommendation would require a 2/3 vote. He cited 2-1-4 of the Zoning Ordinance. Jim Walsh, City Attorney, explained the rules for bringing a motion back to Council and for overruling the commission's recommendation. He reported that the section cited only references zoning issues. 139957 - Hart/Schmitt To table the request of Waterloo Historic Preservation Commission to designate Washington Park as a local historic landmark in conjunction with Designation of Washington Park as a Local Historic Landmark, generally bounded between South Street, Washington Street, West Park Avenue and West 3rd Street. Roll call vote - Ayes: Four. Nays: Three (Cole, Getty, Welper). Motion carried. 139958 - Schmitt/Greenwood that "Resolution approving the request of Waterloo Historic Preservation Commission to designate Lincoln Park as a local historic landmark in conjunction with Designation of Lincoln Park as a Local Historic Landmark, generally bounded between East Park Avenue, East 4th Street, Franklin Street and Mulberry Street - Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Mr. Hart questioned what votes were cast last week for the items and who was allowed to ask for reconsideration. Suzy Schares, City Clerk, explained the votes from last week and why the motion was restated. Mr. Schmitt expressed concern with adding another layer to the approval process for changes to the parks. 139959 - Hart/Schmitt To table the request of Waterloo Historic Preservation Commission to designate Lincoln Park as a local historic landmark in conjunction with Designation of Lincoln Park as a Local Historic Landmark, generally bounded between East Park Avenue, East 4th Street, Franklin Street and Mulberry Street. Roll call vote - Ayes: Four. Nays: Three (Cole, Getty, Welper). Motion carried. OTHER COUNCIL BUSINESS 139960 - Hart/Welper to instruct Public Works Director to prepare specifications, bid document, etc. in conjunction with Purchase of One (1) 2013 Automated Side -Loader Garbage Truck for the Sanitation Department, be approved. Voice vote -Ayes: Seven. Motion carried. 139961 - Hart/Welper that specifications, bid document, etc. in conjunction with Purchase of One (1) 2013 Automated Side -Loader Garbage Truck for the Sanitation Department, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139962 - Hart/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase of One (1) 2013 Automated Side -Loader Garbage Truck for the Sanitation Department", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1006. October 8, 2012 Page 8 139963 - Hart/Welper that "Resolution setting date of hearing and bid opening as November 13, 2012; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Purchase of One (1) 2013 Automated Side - Loader Garbage Truck for the Sanitation Department", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1007. 139964 - Hart/Welper to instruct Public Works Director to prepare specifications, bid document, etc. in conjunction with Rental of Three (3) Motor Graders to Support Snow Operations, be approved. Voice vote -Ayes: Seven. Motion carried. 139965 - Hart/Welper that specifications, bid document, etc. in conjunction with Rental of Three (3) Motor Graders to Support Snow Operations, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139966 - Hart/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Rental of Three (3) Motor Graders to Support Snow Operations", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1008. 139967 - Hart/Welper that "Resolution setting date of hearing and bid opening as October 22, 2012; and instruct City Clerk.to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Rental of Three (3) Motor Graders to Support Snow Operations", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1009. 139968 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Chautauqua Park Curb Repair, Contract No. 828, be approved. Voice vote -Ayes: Seven. Motion carried. 139969 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Chautauqua Park Curb Repair, Contract No. 828, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139970 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Chautauqua Park Curb Repair, Contract No. 828", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1010. 139971 - Hart/Welper that "Resolution setting date of hearing and bid opening as October 22, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Chautauqua Park Curb Repair, Contract No. 828", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1011. 139972 - Hart/Welper to instruct Chief of Fire Services to prepare specifications, bid document, etc. in conjunction with Purchase a 2014 Freightliner M2-106 Chassis and Ambulance Module, be approved. Voice vote -Ayes: Seven. Motion carried. 139973 - Hart/Welper that specifications, bid document, etc. in conjunction with Purchase a 2014 Freightliner M2-106 Chassis and Ambulance Module, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. October 8, 2012 139974 - Hart/Welper Page 9 that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase a 2014 Freightliner M2-106 Chassis and Ambulance Module", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1012. 139975 - Hart/Welper that "Resolution setting date of hearing and bid opening as November 19, 2012; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Purchase a 2014 Freightliner M2-106 Chassis and Ambulance Module", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1013. ORAL PRESENTATIONS Forest Dillavou, 1725 Huntington Road, expressed for concern with the City removing the 657a properties. He asked for the owners to have to tear down the dilapidated houses. Mayor Clark reported that he has spoke with MidAmerican Energy and they will be working with the City to get streetlights working. He made a plea to the citizens to report streetlights that are not working so they can get fixed. The Police Department will utilize the reserves to report lights that are out. LaTonya Jones, expressed concern with the lack of street lighting on Ralston Road and Idaho. An additional light was requested. 139976 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 139977 - Hart/Schmitt that the Council adjourn at 6:30 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Sch_res City Cle k