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HomeMy WebLinkAboutMinutes-7 /17/2006July 17, 2006 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, July 17, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works. 123825 - Schmitt/Kincaid that the Agenda, as amended, for the Regular Session on Monday, July 17, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 123826 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, July 10, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 123827 - Schmitt/Kincaid 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 AP640, pp. 1-85, dated July 17, 2006, in the amount of $1,302,930.62, 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. 2006-591. 2. Communication from City Engineer transmitting request of Larry Dralle for a waiver for a concrete driveway to be located at 1616 Plymouth Avenue, together with recommendation of approval Resolution adopted and upon approval by Mayor assigned No. 2006-592. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of appointment of Eric Bertch and reappointment of Jeff Kutz to the Waterloo Convention and Visitors Bureau, with term expiration date of June 30, 2009. 2. Communication from Leisure Services Director, transmitting recommendation of appointment of James Bolger to the position of Golf Manager, effective July 18, 2006. 3. Chris Charley, Firefighter, to take paramedic test and practical test in West Burlington, Iowa on August 19-20, 2006, with costs not to exceed $195.00. 4. Kent Shankle, Curator, to return artworks to Joslyn Art Museum in Omaha, Nebraska on July 15-16, 2006, with costs not to exceed $200.00, including use of city vehicle. 5. Jim Bartlett, Police Officer; and Todd Wilson, Civilian Planer; to attend Governor's Homeland Security Conference in Des Moines, Iowa on July 18-20, 2006, with costs not to exceed $723.52, including use of city vehicle. 6. Rebecca Johnson, Human Rights Specialist, to attend Fair Housing Equal Opportunity Training in Washington, D.C. on July 23-29, 2006, with costs not to exceed $2,522.20. 7. Lou Cutwright, Building Official/Maintenance Administrator, to attend Annual ICC 2006 Seminar in Walt Disney, Florida on September 16-23, 2006, with costs not to exceed $2,320.00. 8. Monty Frana, Police Sergeant, to attend Firearms Instructor Recertification School in Johnston, Iowa on September 13-14, 2006, with costs not to exceed $302.00, including use of city vehicle. 9. Corbin Payne, Police Sergeant, to attend First Line Supervisor's School in Johnston, Iowa on August 7-11, 2006, with costs not to exceed $863.00, including use of city vehicle. July 17, 2006 Consent Agenda continued Page 2 c. Beer License Permit Application Class C Prime Mart, 3535 Marigold Drive (Renewal) (Expires 8/08/07) (Includes Sunday Sales) d. Wine License Permit Application Class B Prime ,Mart, 3535 Marigold Drive (Renewal) (Expires 8/08/07) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Neighborhood Corner Spot, LLC, 735 Logan Avenue (Renewal) (Expires 7/08/07) (Includes Sunday Sales) f. Outdoor Service Area Application Narey's 19th Hole, 2073 Logan Avenue on July 29, 2006 g. Cigarette/Tobacco Permit Application Cafe Bar Fontana, 801 Commercial Street h. Vehicle for Hire Business License Application Drivers Unlimited dba Metro Taxi, 956 West Parker Street Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson reported he would be voting no on lh on the Consent Agenda, which is the application for vehicle for hire license for Mr. Rodney Pearce after last week, and Mr. Pearce's comments to Mayor Hurley and the council, and also after getting a memo from our City Clerk on what really transpierced over the last three months involving Mr. Pearce's Metro Cab Company, and that he actually missed three meetings that were set up to get his license renewed. Councilperson Gunderson stated Mr. Pearce had been operating without insurance, and he knows personally because he reported in the past six months that Mr. Pearce has been operating vehicles that were not on his list to be used and he saw vehicles without meters that Mr. Pearce owns. Councilperson Gunderson stated that Kip's Yellow Cab probably is not much better, but he did ask for a license and he did get it in a timely matter. Mayor Hurley stated Mr. Pearce did present legal and valid proof of liability insurance last Friday. Otherwise, his application appears to be in order for one vehicle. Following comments a vote was taken on the above motion •with the following result. Ayes: Seven, with Councilperson Gunderson votingnay on Item h. Motion carried. HEARINGS 123828 - Greenwood/Schmitt that proof of publication of notice of public hearing on Cedar River Neighborhood In -Fill Housing, as published in the Waterloo Courier on June 30, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123829 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. David Deeds, 922 Mulberry Street, thanked the council and .the mayor for continuing to push forward with the redevelopment of the Cedar River Neighborhood. Mr. Deeds noted it is obviously an effort that has to include both private and public partnerships. Greenwood/Schmitt that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 123830 - Greenwood/Schmitt that "Resolution confirming approval of Request for Proposal Document, etc. in conjunction with Cedar River Neighborhood In -Fill Housing", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-593. • • July 17, 2006 Hearings continued 123831 - Greenwood/Schmitt Page 3 that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-594. 123832 - Greenwood/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder Bid Bond Cedar Valley Restoration & Development, Waterloo, IA $1,000.00 Rooff Development LLC, Waterloo, IA $1,000.00 Ayes: Seven. Motion carried. UNFINISHED BUSINESS 123833 - Gunderson/Welper that request of Fire Chief to cancel date of hearing scheduled for July 24, 2006 and set new date of hearing as August 7, 2006 in conjunction with Purchase of 2006 Pumper Fire Truck for Waterloo Fire Rescue, be approved. Ayes: Seven. Motion carried. REPORTS 123834 - Schmitt/Kincaid that "Resolution approving new Residency of Critical Municipal Employees Policy", be approved. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper stated he feels real uncomfortable with what we are doing. Councilperson Welper stated that by requiring our critical employees to live within a 10 mile radius, we are probably putting ourselves in a situation that could be bad for us. If there were a horrific storm or something, he could see it taking out half our force. Or if there were a situation where something was done to the water system or where a number of our people would get sick. Councilperson Welper stated he would like to see our employees more spread out then within 10 miles, and he would like to stick with the 20 mile radius that we adopted three years ago. Councilperson Welper stated he understands Councilperson Getty's point where we'd be losing these tax dollars and he would like to see those too, but at the same time he thinks we need to be thinking about the public's safety. Councilperson Welper stated he thinks keeping our people within 10 miles is too tight. Councilperson Gunderson stated all policies have change in them as we go along, and what we are doing right now with this policy is really rectifying what the state did back in the early 70s by taking all restrictions off employees. Councilperson Gunderson stated he thinks the 20 mile radius for the employees that are there right now and allowing them to move within that 20 mile radius is reasonable. To say that they have to live in the City of Waterloo, we all know we can't do it. The state won't allow us to do it, the courts won't allow us to do it, it sounds good and makes good press but it can't be done. Councilperson Gunderson stated he thinks the new policy that was hammered out here meets both of our requests to bring our new employees in a little closer to our city to respond to our needs, but still allows our employees that are there to have free reign of where they live at. Things happen, people build new houses and some people may get a divorce or are living in Denver and they want to stay within their community, to stay within their area that they live because of the situations that are there. Councilperson Gunderson stated the new policy is a compromise that he can live with right now. Councilperson Schmitt stated we keep talking about residency but this is about critical response time. It is for a situation that we hope never happens, and he thinks we need to pass this revision. Councilperson Schmitt stated it is the right thing to do, we are prepared for the future and weare here to set that type of policy. July 17, 2006 Reports continued Councilperson Getty stated when this was first brought up to the city council, it was because of natural disasters. Because of all the things that are going on in the world, we wanted our people closer to us who could help us if we needed help. Now all of a sudden we've had a change of heart, and we are saying fine move out your 20 miles and stay out there. Councilperson Getty stated he has no problem if they want to live out 20 miles. The problem he has is what Councilperson Kincaid mentioned last week, and he thinks it is something that every taxpayer in the City of Waterloo wants to do. And that is to contact our State Representatives because $10 million of our tax dollars in the City of Waterloo go just for the Fire and Police, not counting the other city employees, but just the Fire and Police who live outside of this city and who are paying no property tax in the City of Waterloo, $10 million dollars leaves this city every year. Councilperson Getty stated we need to contact our legislatures, we need to put on a wheel tax as suggested by Councilperson Kincaid. Councilperson Getty stated he has advocated for years that we need to talk with the legislatures and get something passed because the City of Waterloo, every city, needs help because that is where their employees are living, and that is outside of the municipalities. Page 4 Mayor Hurley stated the reason we tabled this policy last week it is because there was some obvious confusion, so it was wise to stop. Mayor Hurley stated council suggested that we make up a compromise for the existing current employees that would comply to the current policy. If you live within the 20 miles, you can move around in that 20 miles. If you live outside the 20 miles and you are a current employee and you decide to move, you have to move within the 20 not the 10 miles. Following comments a vote result. Ayes: Five. Nays: Resolution adopted and upon 123835 - Welper/Kincaid was taken on the above motion with the following Welper, Getty. approval by Mayor assigned No. 2006-595. that communication from Chief Financial Officer transmitting completed arbitrage testing for 2001 general obligation bond issue and the outstanding sewer revenue bonds as prepared by Berens -Tate Consulting Group with the result that the city does not owe any arbitrage rebate or penalty to the Internal Revenue Service, be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 123836 - Cole/Schmitt that communication from Community Development Director transmitting Code of Conduct and the Residential Anti -Displacement and Relocation Assistance Plan under Section 104(d) of the Housing and Community Development Act of 1974, as amended, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-596. 123837 - Cole/Schmitt that communication from Senior Planner transmitting request of Michael Taylor for tax exemptions totaling $40,000.00 for 1414 Bowers Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-597. 123838 Cole/Schmitt that communication from Senior Planner transmitting request of Kimberly Postel for tax exemptions totaling $106,419.28 for 320 Bates Street located in the Consolidated Urban Revitalization Area, together with recommendation of approv41, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-598. July 17, 2006 Page 5 Documents continued 123839 - Schmitt/Kincaid that communication from City Clerk transmitting agreement with Express Scripts, Inc. to provide pharmacy benefits management, including administrative and claim services, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson asked if this the exact same document that was given to the council last week. Nancy Eckert, City Clerk, responded that it is the same document as Express Script said that they didn't really know what council wanted in the agreement so your motion can be however you want that. If you want the mail order, if you don't want the mail order, if you want the retail at 90 -days with three co -pays. those are the issues that we are looking at so it is up to the council to decide how they want to put that in the agreement. Councilperson Gunderson stated he would like to include in this agreement that the employees are allowed to get a 90 day supply for maintenance drugs at the retail stores with three co -pays. Gunderson/Schmitt that the agreement be approved to include a 90 -day retail with three co -pays. Councilperson Greenwood stated without getting into self-serving, he has looked at the contract, and he ran some numbers today and there is some savings. Councilperson Greenwood stated it is not more expensive to use the local store with paying the three co -pays. Its a matter of convenience and its a matter of face-to-face care that our city employees get when they interact with a health care professional versus using the mail. Councilperson Greenwood stated he agrees we should do this, and then take a look at it in a year or six months. Trivantage Pharmacies Strategies is going to do the pharmacy claim auditing for us to make sure that this thing all pans out, and then they can analyze whether the retail versus the mail is more expensive. Councilperson Greenwood stated we should take advantage of that and see how it all plays out here within the next year and then decide how to go forward. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-599. 123840 - Schmitt/Kincaid that communication from Superintendent of Central Garage transmitting 28E Agreement with Black Hawk County Health Department to provide fuel and vehicle maintenance, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-600. 123841 - Schmitt/Kincaid that communication from City Planner transmitting Encroachment Agreement with Richard & Sharon Penn to allow use of city right-of-way to construct a handicapped accessible ramp entrance in a 5 foot portion along property generally located along the northwesterly line of 316-320 West 4th Street,be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked if the city is responsible if someone drives up that alley and runs into the ADA ramp that they are going to build or will he be liable. James Walsh, City Attorney, stated anything in the city right-of-way would subject the city to potential liability. The city is supposed to manage those right-of-ways. July 17, 2006 Documents continued Page 6 Councilperson Getty stated that is one point that bothers him, and the second point is as stated in the very first sentence of the letter from Noel Anderson that they have been working on and trying to redevelop their property for a number of years, and reading through this document he doesn't find any place where it says when they are going to start the work on it or when they are going to complete the work on it. There are no dates in agreement. Councilperson Getty stated it has been an eyesore, and it has had had an orange fence around it for many years on Fourth Street. Councilperson Getty stated he thinks we would want to put a date on the agreement before we agree to it, some date that its going to be completed, or at least started. Noel Anderson, City Planner, stated Mr. Penn is requesting this at this time because he wants to begin work on it immediately. Mr. Anderson stated he doesn't see any harm if we were to grant the encroachment agreement and he were not to begin work because that wouldn't benefit Mr. Penn at all. Mr. Anderson stated the fact is he wants to begin work on this right away, he needs this in place so that he can provide handicap accessibility to the building. Mayor Hurley asked if the city ends up with a development agreement or something like that. Mr. Anderson responded not really as part of the encroachment agreement, but if he were to request tax incentives that are available in the downtdwn TIF district we would enter into a development agreement. Mayor Hurley stated and that is where start, stop dates would be molded in. Councilperson Getty asked if Mr. Penn anything yet. Mr. Anderson responded not in architectural plans and has been modifications to those in discussions Anderson stated they have been working on has taken out a building permit or to his knowledge. Mr. Penn has turned working on a couple of different with' the Building Department. Mr. it for about three or four months. Louis Cutwright, Building Official, reported he has been in contact with Mr. Penn. Just last week he had a problem with his building, he got the contractor over there to start the process of building one of the walls, the wall collapsed. Mr. Cutwright noted we are working with him, he was in Building Department about four weeks ago, and he wanted to bring revised plans back to speak with him sometime this week so that he can actually get started on the fronts of those buildings, getting them taken care of so they can start the process of remodeling the interior. Mr. Anderson noted that number three basically says the term of the agreement will be for so long as the said encroachment is maintained by Mr. Penn. If Mr. Penn were to not actually build the ramp back there, and six months later if the city wanted to rescind it at that point he would not have constructed it as stated in the agreement so we could rescind it at that time. Mr. Walsh stated we would have to change it to say that we can revoke it after its built if we wanted to do that. Otherwise, its normal use for life would be the minimum that we would be allowing it for. Mayor Hurley asked Councilperson Getty if he would like to make an amendment. Councilperson Getty responded he wouldn't know what to amend it to. Councilperson Getty stated he just has a problem with as long as that building has been sitting there in the condition it is in, that nothing has been done. Councilperson Getty stated we can keep an eye on it and bring it back to the council if there is a problem with it. Mayor Hurley stated it sounds as if after a long, long wait and looking at that ugly fence and now Friday the wall fell in, it sounds like the owner is ready to go so lets extend our faith and trust a little bit longer, and encourage and applaud anything that he can do down there because its a beautiful building. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-601. RESOLUTIONS TO BE ADOPTED 123842 - Getty/Greenwood that "Resolution naming Liberty Bank, F.S.B. as a depository for the City of Waterloo at a maximum deposit amount of $10,000,000.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-602. 4 July 17, 2006 Page 7 NEW BUSINESS 123843 - Schmitt/Kincaid that communication from Superintendent of Streets transmitting recommendation of accepting low bid in the amount of $48.97 per ton from Cargill Salt, Inc. of North Olmstead, Ohio, be received, placed on file and "Resolution approving said bid", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley asked if the $48.97 per ton is more than it was last time we purchased. Steve Decker, Superintendent of Streets, responded the last time we did this was in 2004, and this is a little bit more. This contract could be good for three years, we opted for three years because of the situation with gas prices going up. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-603. 123844 - Schmitt/Kincaid that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,985.30 for work performed by the Water Works at 421 Almond Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed. to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-604. 123845 - Schmitt/Kincaid that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,850.00 for work performed by the Water Works at 606 Hammond Avenue, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-605. 123846 - Schmitt/Kincaid that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,544.00 for work performed by the Water Works at 733 Willow Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-606. 123847 - Schmitt/Kincaid that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $3,882.00 for work performed by the Water Works at 1910 Plainview Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-607. 123848 - Schmitt/Kincaid that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,760.00 for work performed by the Water Works at 1250 West Donald Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-608. July 17, 2006 New Business continued 123849 - Gunderson/Welper Page 8 to instruct Superintendent of Traffic Operations to prepare plans, specifications, form of contract, etc. in conjunction with Purchase of Video Detection Cameras for University Avenue, be received, placed on file and approved. Ayes: Seven. Motion carried. 123850 - Gunderson/Welper that plans, specifications, of Video Detection Cameras file. Ayes: Seven. Motion 123851 - Gunderson/Welper form of contract etc. in conjunction with Purchase for University Avenue, be received and placed on carried. that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-609. 123852 - Gunderson/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 7, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-610. ORAL PRESENTATIONS 123853 - Sherry Sommerfelt, 351 Thorson Avenue, stated she hosts flea markets at her home three times a year, and at the April flea market when her husband went to pick up his signs, he goes and checks on the signs every night, three of them were gone. Ms. Sommerfelt stated this time their flea market was just this past Thursday, Friday and Saturday, and they had made some new signs and put them up. On Friday, the Code Enforcement Officer came over and told them that their sings were not in accordance with the city ordinance and they would need to take them down, which they did. Ms. Sommerfelt stated they advertise in the Courier, the Collectors Journal and the Flea Market Guide and put flyers up in various places around town and around communities. Ms. Sommerfelt stated people still depend on the signs to find out where we they at. They live on a street that is only a block long and its not widely known, so people depend on the signs. This is a big deal, as they have between 25 and 30 vendors. This time they had 32 vendors but only 30 at any given time, and in order to find their house they really do need the signs up. Ms. Sommerfelt stated she has always put them on city property not knowing that it was against a city ordinance. They have gone through great lengths not to put them on somebody's private property. They didn't think that was a good idea at all, but evidently that is what your supposed to do. Ms. Sommerfelt stated she called Mr. Getty yesterday, and he called back and talked with her, and she gave him a letter as well as telling him about their concerns. Ms. Sommerfelt stated this is a big event, and she doesn't know if this is going to change anything, but she wondered if she could have special permission to put at least one of the signs on city property. Ms. Sommerfelt stated they put up about a dozen of them, they are sturdy wooden framed signs and neat. Ms. Sommerfelt reported their next flea market will be during Cattle Congress on September 14-16, 2006. Mayor Hurley stated he knows Councilperson. Getty has some information, and would like to talk to Code Enforcement to see what this is all about somebody will get back to Ms. Sommerfelt. Ms. Sommerfelt stated they located about a block behind Pepsi Cola on Burton Avenue. Councilperson Getty stated last Thursday meeting, and after the agenda meeting he before the hearing on a dog appeal. unfortunate that he wasn't able to be here like to respectfully ask that that be discussion. Getty/ he and are morning the council had an agenda had another commitment so he left Councilperson Getty stated it was for the appeal hearing so he would put back on the agenda for more that the council reconsider for more discussion and hold a hearing on the appeal. July 17, 2006 Oral Presentations continued Mayor Hurley commented what happened Thursday was a tie vote on a motion to reverse the council's earlier declaration that Ceaser the dog was dangerous. When that motion failed because of a tie vote, the pre-existing condition stays the status quo so when we broke up last Thursday the dog was dangerous. It takes somebody who voted against that motion to reverse to second Councilperson Getty's motion. Page 9 James Walsh, City Attorney, asked Councilperson Getty if his motion is to reconsider the vote last week. Mr. Walsh stated right now you are asking for a hearing, and he thinks they have to go back to last week and move to reconsider the decision made last week not to change the status of the dog. If you move to reconsider that and get a second from someone who was on the other side then you can move forward with another consideration of it. Councilperson Getty stated he wants it reconsidered. Mayor Hurley stated the motion is to reconsider the action taken at the special hearing last Thursday and asked if there were a second. Motion died for lack of a second. Getty/Welper that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 123854 - Welper/Greenwood that the Council adjourn at 6:15 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk