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HomeMy WebLinkAboutMinutes-08/25/2014August 25, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, August 25, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Mark Rice, Public Works Director. 143368 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, August 25, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 143369 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 18, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 143370 - 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 Finance Committee Invoice Summary Report, dated August 25, 2014, in the amount of $4,616,284.87, 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. 2014-727. 2. Request of Iowa Heartland Habitat for Humanity for tax exemptions for the construction of a new single family dwelling valued at $80,000.00 located at 3920 Memory Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-728. 3. Request of Bruce & Lisa Wagner for tax exemptions for the construction of a new single family dwelling valued at $308,611.00 located at 4835 Yellowstone Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-729. 4. Request from Jim Koch for a variance to the Noise Ordinance on Sunday August 31st, 2014 from 4:00 p.m. - 9:00 p.m. in conjunction with University Cruise that will be held in the parking lot at 3555 University Avenue including music and PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-730. 5. Request from Western Waterproofing Co. for a variance to the Noise Ordinance from August 26th thru September 26th, 2014 - 6:00 p.m. - 4:00 a.m. in conjunction with construction renovation on E. 5th parking ramp including air hammering, concrete removal, and ramp repairs, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-731. 6. Request to cancel assessment for 2405 E. 4th Street in the amount of $117.50; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2014-732. August 25, 2014 b. Motion to approve the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Page 2 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Paul Huting, IA Park & Recreation Dubuque, IA 09/15/14- $441.00 Leisure Assoc. Conference Renewal 09/17/14 X Services Class C Liquor Renewal 08/31/15 X Director Class E Liquor, B Wine, C Beer Renewal 08/02/15 X Sergeant Law Enforcement Marion, IA 09/23/14- $730.00 Richter & Gehrke Supervision, Management & Renewal 09/25/14 X Metro Mart #4 2332 Falls Ave. Leadership Renewal 06/30/15 X Suzy Schares, New World Conference Boca Raton, 10/04/14- $3,240.00 City Clerk & Class C Liquor & Outdoor Service FL 10/07/14 X Joyce Class C Liquor & Outdoor Service Renewal 07/16/15 X Schroeder, Financial Analyst Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Kwik Star, #229 1717 E. San Marnan Drive Class C Beer, B Wine New 09/25/15 X Spicoli's 3555 University Ave. Class Liquor & Outdoor Service Renewal 12/11/14 X Longhorn Steakhouse #5374 1425 E. San Marnan Dr. Class C Liquor Renewal 08/31/15 X Logan Ave Convenience Store 735 Logan Ave. Class E Liquor, B Wine, C Beer Renewal 08/02/15 X Hy -Vee Gas #3 1512 Flammang Dr. Class C Beer Renewal 08/26/15 X WCS Building & Amphitheatre 225 Commercial St. Special Class C (BW) Liquor & Outdoor Service Renewal 06/21/15 X Metro Mart #4 2332 Falls Ave. Class E Liquor, C Beer Renewal 06/30/15 X Kwik Stop #3 1104 Washington Class E Liquor, B Wine, C Beer Renewal 07/14/15 X Las Margaritas 2822 University Ave. Class C Liquor & Outdoor Service Renewal 06/30/15 X Vic's Lounge 1106 LaPorte Rd. Class C Liquor & Outdoor Service Renewal 07/16/15 X 14. Bonds Roll call vote -Ayes: Seven. Motion carried. Mr. Jones abstained from the bills payment to himself in the amount of 312.35. PUBLIC HEARINGS 143371 - Schmitt/Hart that proof of publication of notice of public hearing on F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867, as published in the Waterloo Courier on August 6, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for and there were none. 143372 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. August 25, 2014 143373 - Schmitt/Hart Page 3 that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-733. 143374 - Schmitt/Hart that "Resolution ordering construction in conjunction with F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-734. 143375 - Schmitt/Hart to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Voice vote -Ayes: Seven. Motion carried. Bidder Bid Security Bid Amount Boulder Contracting 25789 N. Ave. Grundy Center, IA 50638 5% Base - $591,500.00 Alt - $173,000.00 Total - $764,500.00 Calacci Construction Co., Inc. 207 Scott Court (52245) P.O. Box 1906 Iowa City, IA 52244 5% Base - $983,930.00 Alt - $239,648.00 Total - $1,222,978.00 Carl A. Nelson & Co. 1815 Des Moines Ave. Burlington, IA 52601 5% Base - $664,916.00 Alt - $199,001.00 Total - $863,917.00 Peterson Contractor1, Inc. Box A Reinbeck, IA 50669 5% Base - $670,030.00 Alt - $167,680.00 Total - $837,710.00 Reilly Construction Co., Inc. P.O. Box 99, 100 Main St. Ossian, IA 52161 5% Base - $810,250.00 Alt - $228,750.00 Total - $1,039,000.00 WRH, Inc. P.O. Box 56 Amana, IA 52203 5° Base - $642,200.00 Alt - $212,500.00 Total - $854,700.00 143376 - Welper/Hart that proof of publication of notice of public hearing on request by High Development of Cedar Rapids, Iowa for a site plan amendment to the "S-1" Shopping Center District, to allow for the construction of five (5) 12 -unit multi -family dwellings, generally located south of 200 East Ridgeway Avenue, as published in the Waterloo Courier on August 14, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections. Mr. Schmitt questioned if the site plan amendment should be done prior to handling the grant application and the Mayor confirmed that it is appropriate. 143377 - Welper/Hart that the hearing be closed and oral and written comments be received and placed on file and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 143378 - Welper/Hart that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a site plan amendment on certain property in conjunction with request by High Development of Cedar Rapids, Iowa for a site plan amendment to the "S-1" Shopping Center District, to allow for the construction of five (5) 12 -unit multi -family dwellings, generally located south of 200 East Ridgeway August 25, 2014 Page 4 Avenue", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 143379 - Welper/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Two. Nays: Five (Morrissey, Cole, Jones, Schmitt, Lind). Motion failed. 143380 - Hart/Welper that proof of publication of notice of public hearing on with request by Brent Dahlstrom of Cedar Falls, Iowa for a site plan amendment to the "R -3,R -P" Planned Residence District, to allow for the construction of eleven (11) duplexes, located on Lot 76 of Summerland Park First Addition, as published in the Waterloo Courier on August 14, 2014 be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections. Mr. Schmitt questioned the vote from the Planning and Zoning Commission and it was unanimous for approval. 143381 - Hart/Welper that the hearing be closed and oral and written comments be received and placed on file and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 143382 - Hart/Welper that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a site plan amendment on certain property in conjunction with request by Brent Dahlstrom of Cedar Falls, Iowa for a site plan amendment to the "R -3,R -P" Planned Residence District, to allow for the construction of eleven (11) duplexes, located on Lot 76 of Summerland Park First Addition", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 143383 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Schmitt, Lind). Motion failed. RESOLUTIONS 143384 - Cole/Schmitt that "Resolution approving request for extension of services provided by Marsden Janitorial Service for cleaning services at City of Waterloo Public Works building through September 30, 2014", be adopted. Roll call vote -Ayes: Seven. Mr. Morrissey commented that he would like wages of the employees from the contractors for these bids be reviewed in the future. Resolution adopted and upon approval by Mayor assigned No. 2014-735. 143385 - Cole/Schmitt that "Resolution approving Award of Contract to KWS, Inc. of Cedar Falls, Iowa, in the amount not to exceed $242,301.25; and approving the Contract, Bonds and Certificate of Insurance in conjunction with U.S. 218/Washington Street Systemic Traffic Safety Improvements; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-736. 143386 - Schmitt/Welper that "Resolution approving submission of application to Iowa Economic Development Authority for $5,910,000.00 ($3,000,000.00 for CommonBond Communities and $2,910,000.00 for Prairie Rapids, LLC of Cedar Rapids, Iowa) to be used on the Multi -Family (Rental) Unit Production, recommendation of approval of the Community Development Board - New Construction Program - Round August 25, 2014 Page 5 6", be adopted. Roll call vote -Ayes: Two. Nays: Five (Schmitt, Jones, Lind, Welper, and Hart. Motion failed. Jeri Thornsberry, Chairperson Community Development Board, stated that she is not attached to the outcome of the decision made tonight, however, she is attached to explaining the review process the Community Development Subcommittee followed to decide on the two projects recommended and the whole Board acted from a position of conscientiousness and integrity. She then reviewed the process for review and recommendation of the applications. The subcommittee member's recommendations were changed after further information was received. Mr. Hart questioned if the subcommittee received the information regarding the number of units and the requirements of the units. Brent Dahlstrom, 3538 Augusta Circle, explained the process for the developer and his need for the application. He explained that if the application is approved he will upgrade the amenities in the facility from the original plan. Mr. Welper questioned the reason for the one bedroom apartments in the development. Mr. Dahlstrom explained that there is a need or desire for one bedroom units. Darryl Hyde, Hyde Development, explained his development proposal in Prairie Rapids. He explained the process once it is approved from the State. Mr. Schmitt asked how many units Hyde Development currently has and whether they are market rate. Mr. Hyde explained that they currently have 800 units plus a couple hundred under construction. The initial developments were market rate units but have since expanded to subsidized units. Mr. Hart questioned if there is a current submission in Cedar Rapids. Mr. Hyde explained that they have submitted in previous rounds and received the funding but they did not submit this time. Cynthia Lee, CommonBond Communities, explained that they are a mission based non-profit organization. The proposed development is 24 townhome units that are 100% income based affordable housing. Noel Anderson, Community Planning and Development Director, explained the decision making process for making a recommendation. It was recommended to approve Prairie Rapids and Grand Crossing applications as staff feels they have the best chance of approval at the State level. Mr. Schmitt questioned how many units are currently at the 80% AMI. Noel Anderson, Community Planning and Development Director, explained the AMI rating. Mr. Morrissey questioned if there is a development agreement with any of the two recommended applicants and if we had a development agreement with Grand Crossing. Noel Anderson, Community Planning and Development Director, responded that we have a development agreement with Grand Crossing only. Mr. Hart questioned if the subcommittee had the scoring matrix available. Noel Anderson, Community Planning and Development Director, responded that they did not. Mr. Schmitt explained that the Grand Development project did not appear to apply to the application process but after further information was received that the apartments would be upgraded his opinion was changed. Mr. Welper agreed with Mr. Anderson asked that the Council support the downtown development at Grand Crossing. Mr. Morrissey explained that the board gave a recommendation and Council should support their decision. Mr. Hart echoed Mr. Welper's comments and explained that 53% of the units at Grand Crossing would be at the AMI and the Commonbond project is at 100%. 143387 - Hart/Schmitt August 25, 2014 Page 6 that "Resolution approving submission of application to Iowa Economic Development Authority for $5,910,000.00 ($3,000,000.00 for CommonBond Communities and $2,910,000.00 for Grand Crossing, Cedar Falls, Iowa) to be used on the Multi -Family (Rental) Unit Production, recommendation of approval of the Community Development Board - New Construction Program - Round 6", be adopted. Ayes: Three. Nays: Four (Lind, Welper, Cole, and Jones). Motion failed. 143388 - Schmitt/Welper that "Resolution approving submission of application to Iowa Economic Development Authority for $5,910,000.00 ($3,000,000.00 for Grand Crossing of Cedar Falls, Iowa and $2,910,000.00 for Prairie Rapids, LLC of Cedar Rapids, Iowa) to be used on the Multi -Family (Rental) Unit Production, recommendation of approval of the Community Development Board - New Construction Program Round 6", be adopted. Ayes: Four. Nays: Three (Morrissey, Hart, and Cole). Resolution adopted and upon approval by Mayor assigned No. 2014-737. 143389 - Hart/Morrissey that "Resolution approving Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa, in the amount of $120,800.00 for engineering services for preliminary and final design, plats and legal descriptions, and development of plans, specifications and contract documents for the Shaulis Road Recreational Trail Extension - Phase I, Contract No. 858; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-738. 143390 - Hart/Morrissey that "Resolution approving Award of Contract to Erickson Brothers Excavating of Evansdale, Iowa, in the amount not to exceed $17,556.00; and approving the Contract, Bonds and Certificate of Insurance in conjunction with the Sherwood Bollard Installation Services; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-739. 143391 - Hart/Morrissey that "Resolution approving Economic Development Assistance Contract 15 -TC -002 with Iowa Economic Development Authority and CPM Acquisition Corp. for the CPM Acquisition Corp. trod: center reconstruction, with the City of Waterloo as the local sponsoring community; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-740. 143392 - Hart/Morrissey that "Resolution approving an Encroachment Agreement with Martin Nance to legalize an existing 12' x 12' deck on the required Right-of-way located at 1319 Colorado Street; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Nays: Two (Welper, Cole). Mr. Welper questioned how long the deck has been there and if he went to the Board of Adjustment for a variance. Marty Nance, 1319 Colorado Street, responded that the deck was installed two years ago and he didn't know he had a problem putting it up where it is. Mr. Welper asked how far into the right-of-way the deck is. Mr. Nance responded approximately 17 feet. Mr. Hart questioned what portion the sidewalk is on. Mr. Nance explained where the sidewalk was. Mr. Jones questioned if there is a visibility issue. Mayor Clark denied any visibility problem. Noel Anderson, Community Planning and Development Director, explained that the visibility issue is due to the wording in the zoning ordinance. Mr. Jones suggested removing the lattice to help with visibility. August 25, 2014 Page 7 Mayor Clark supported the request to allow the encroachment. Mr. Lind had it clarified that if the City needed it removed in the future the City could require it to be removed. Mr. Schmitt questioned if the applicant could remove the lattice to improve visibility. Mr. Welper explained that he cannot support this because it was not granted a variance. Noel Anderson, Community Planning and Development Director, explained that the Board of Adjustment could not approve the deck to be in the right-of-way. Mr. Morrissey explained that other encroachment agreements have been approved. Mr. Schmitt asked if we could approve the encroachment with recommendation for removal of the lattice. Mayor Clark stated that the lattice doesn't pose an obstruction. Jim Walsh explained that it isn't unusual to approve encroachment with instruction. Resolution adopted and upon approval by Mayor assigned No. 2014-741. 143393 - Hart/Morrissey that "Resolution approving Fourth Tolling Agreement with United States Environmental Protection Agency to expire September 1, 2015; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Mr. Lind asked if this is a good sign. Jim Walsh, City Attorney, explained that this allows conversations to continue. Mr. Schmitt asked when this expires and if there will be a resolution to the issue. Mr. Walsh stated that progress is being made to resolve the issue. Resolution adopted and upon approval by Mayor assigned No. 2014-742. OTHER COUNCIL BUSINESS 143394 - Schmitt/Hart to instruct Public Works Director to prepare specifications, bid document, etc. in conjunction with purchase of One (1) Automated Side -Load Garbage Truck, be approved. Voice vote -Ayes: Seven. Motion carried. 143395 - Schmitt/Hart that plans, specifications, bid document, etc. in conjunction with purchase of One (1) Automated Side -Load Garbage Truck, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 143396 - Schmitt/Hart that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with purchase of One (1) Automated Side -Load Garbage Truck", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-743. 143397 - Schmitt/Hart that "Resolution setting date of bid opening as September 11, 2014 and date of public hearing as September 15, 2014; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with purchase of One (1) Automated Side -Load Garbage Truck", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-744. 143398 - Schmitt/Hart August 25, 2014 Page 8 to instruct Public Works Director to prepare specifications, bid document, form of contract, etc. in conjunction with Bid for Janitorial Services -Public Works Building, be approved. Voice vote -Ayes: Seven. Motion carried. Mr. Morrissey would like to include an in-house bid as well as a private contractor. Suzy Schares, City Clerk, staff could present cost to provide in-house service. Mr. Walsh, City Attorney, recommended including in the bid tab the City's right to withdraw the bid. 143399 - Schmitt/Hart that specifications, bid document, form of contract, etc. in conjunction with Bid for Janitorial Services -Public Works Building, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 143400 - Schmitt/Hart that "Resolution preliminarily approving specifications, bid document, form of contract, etc. in conjunction with Bid for Janitorial Services -Public Works Building", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-745. 143401 - Schmitt/Hart that "Resolution setting date of bid opening as September 18, 2014 and date of public hearing as September 22, 2014; and instruct City Clerk to publish notice of specifications, bid document, form of contract, etc. and taking of bids in conjunction with Bid for Janitorial Services -Public Works Building", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-746. 143402 - Morrissey/Hart that Change Order No. 1 for an increase of $2,700.00 for additional material expense to Clear Span Fabric Structures of Dyersville, Iowa for the Public Works Salt Storage Building Project, due to additional change of exterior fabric to Fire Rated Fabric as required by Fire Marshal, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 143403 - Hart/Morrissey that "Resolution preliminary approving construction of sidewalk improvements in conjunction with F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-747. 143404 - Hart/Cole that "Resolution to fix value of lots in conjunction with F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-748. 143405 - Hart/Cole that "Resolution to adopt preliminary plat and schedule of assessments and estimate of costs in conjunction with F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-749. 143406 - Hart/Morrissey that "Resolution of Necessity and setting date of hearing as September 8, 2014 in conjunction with F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-750. 143407 - Hart/Morrissey August 25, 2014 Page 9 to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, be approved. Voice vote -Ayes: Seven. Motion carried. 143408 - Morrissey/Hart that plans, specifications, form of contract, etc. in conjunction with F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 143409 - Morrissey/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-751. 143410 - Morrissey/Hart that "Resolution setting date of bid opening as September 4, 2014 and date of public hearing as September 8, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids in conjunction with Bid for F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-752. 143411 - Morrissey/Hart to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2014 Byrnes Tennis Complex Resurfacing Project, be approved. Voice vote -Ayes: Seven. Motion carried. 143412 - Morrissey/Hart that plans, specifications, form of contract, etc. in conjunction with 2014 Byrnes Tennis Complex Resurfacing Project, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 143413 - Morrissey/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with 2014 Byrnes Tennis Complex Resurfacing Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-753. 143414 - Morrissey/Hart that "Resolution setting date of bid opening as September 18, 2014 and date of public hearing as September 22, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids in conjunction with 2014 Byrnes Tennis Complex Resurfacing Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-754. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, questioned if there is a violation of a nuisance ordinance for a property with the same problem and repeated violations. Randy Herod, 111 Highland Blvd., questioned the structure of the animal control program. Mayor Clark stated that we would answer the questions on the questionnaire, but it will come to a point where we will stop answering these questions. The City has animal control and is doing a good job with it. Martin Nance, 1319 Colorado Street, questioned how to get speed humps on Colorado Street. David Dryer, 3145 W. 4th Street, expressed concern with funding assistance on the housing development projects and with change orders on the agenda. Mr. Morrissey congratulated the City on all the successful events that have went on in the community. August 25, 2014 Page 10 J Robin Means, 125 Highland Blvd., questioned if there is a development plan for the City. Mayor Clark explained that there is a Master plan for the City. 143415 - Hart/Morrissey that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 143416 - Hart/Morrissey that the Council adjourn at 7:01 p.m. Voice vote -Ayes: Seven. Motion carried. 16- Ao y Schar-s, CMC City Clerk Human Resource Director