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HomeMy WebLinkAboutMinutes-06/19/2006June 19, 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, June 19, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: 123694 - Schmitt/Kincaid Cammie Scully, Director of Cultural & Arts Commission. that the Agenda, as amended, for the Regular Session on Monday, June 19, 2006, at 5:30 p.m., be accepted and approved. Prior to a vote on the above motion, the following Greenwood/Welper that the motion to approve the agenda be amended to table agenda for one week. comments were heard. Councilperson Greenwood stated he is asking to remove the applications for Pat's Auto Salvage and asking Planning, staff and the City Attorney to help resolve why the city applications. item li on the consent recycling yard license Programming and Zoning is not approving these Councilperson Welper asked if the recycling licenses for Pat's Auto Salvage is already in the courts. Mayor Hurley responded because there is litigation we need to be careful what we discuss. Mayor Hurley stated the city's basis for denying the applications is that staff was denied access to the facility. Councilperson Getty stated Pat's does not have a license now, and he doesn't understand why Pat's is asking why now when he should have asked that question the past two or three years. Councilperson Getty commented it is his understanding that Pat's Auto Salvage has been denied a license for several years now. A vote was taken on the above motion to amend with the following result. Ayes: Two. Nays: Kincaid, Gunderson, Getty, Cole, Schmitt. Motion failed. 123695 - A vote was taken on the original motion to approve the agenda, as amended, with the following result. Ayes: Seven. Motion carried. 123696 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, June 12, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 123697 - Schmitt/Welper 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. 1-95, dated June 19, 2006, in the amount of $706,442.39, 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. 2006-520. 2. Communication from City Clerk transmitting request of Troy Williams for a variance to the Noise Ordinance on June 24, 2006 from 2:00 p.m. to 7:00 p.m. in conjunction with an event to be held at Lincoln Park, including bands and a PA system, together with recommendation of approval of Police Captain for 82dba. Resolution adopted and upon approval by Mayor assigned No. 2006-521. June 19, 2006 Page 2 Consent Agenda continued b. Motion to approve the following: 1. Chad Allen, Public Program Coordinator, to attend Capturing and Keeping Young Adult Audiences Workshop in Chicago, Illinois on July 13-15, 2006, with costs not to exceed $520.00, including use of city vehicle. 2. Paul Hansen, Code Enforcement Officer, to take Residential Building Inspector and Residential Electrical Inspector exams in. Dubuque, Iowa on June 30, 2006, with costs not to exceed $200.00, including use of city vehicle. c. Beer License Permit Application Class C Smokers Choice, 210 West 18th Street (Renewal) (Expires 6/7/07) A & S Petroleum, Inc., 127 Jefferson Street (Renewal) (Expires 6/29/07) (Includes Sunday Sales) Broadway Liquor, 821 Broadway Street (New) (Expires 7/1/07) (Includes Sunday Sales) Target Store, 1501 E. San Marnan Drive (Renewal) (Expires 6/23/07) (Includes Sunday Sales) d. Wine License Permit Application Class B A & S Petroleum, Inc., 127 Jefferson Street (Renewal) (Expires 6/29/07) (Includes Sunday Sales) Broadway Liquor, 821 Broadway Street (New) (Expires 7/1/07) (Includes Sunday Sales) Target Store, 1501 E. San Marnan Drive (Renewal) (Expires 6/23/07) (Includes Sunday Sales) e. Liquor License Permit Application Class E Broadway Liquor, 821 Broadway Street (New) (Expires 7/1/07) (Includes Sunday Sales) Target Store, 1501 E. San Marnan Drive (Renewal) (Expires 6/23/07) (Includes Sunday Sales) f. Beer/Liquor License Permit Application Class C The Last Level, 118 East 11th Street (New) (Expires 6/20/07) (Includes Sunday Sales) Las Margaritas, 2822 University Avenue (Renewal) (Expires 6/30/07) (Includes Sunday Sales) Light House Lounge, 1307 West 5th Street (Renewal) (Expires 6/28/07) Knights of Columbus, 1955 Locke Avenue (Renewal) (Expires 6/30/07) (Includes Sunday Sales) Karma Bar, 309 West 4th Street (Renewal) (Expires 7/8/07) (Includes Sunday Sales) g• Bonds. h. Recycling Yard License Applications for Approval Airline Auto Plaza, 1346 W. Airline A -Line Iron and Metal, 808 Dearborn A -Line Iron and Metal 1500 David Alter Trading, 1500 W. Airline Alter Trading, 1491 David Chase Auto Parts, 1041 Sheffield Chase Auto Parts, 1117 Sheffield Jones Metals, 2452 Burton Kevin's Car and Truck, 953 Fulton Midwest Auto Parts, 275 Rampart New Deal Auto Salvage, 612 Power Northside Auto, 821 Dearborn Plum's R&B, W.C.F.& N. Drive Quail's Auto Salvage, 202 Glendale Tournier Recycling, 900 Fulton Vic Fuller Salvage 2113 E. Mitchell Waterloo Auto Parts, 1501 Grandview Weekley's Auto Salvage, 110 Court Wilber Auto Body, 2220 Easton i. Recycling Yard License Applications for Denial Litzkow Auto Parts, 1720 Black Hawk Pat's Auto Salvage, 924 Lowell Pat's Auto Salvage, 945 Lowell Pat's Auto Salvage, 1000 Lowell • June 19, 2006 • • Consent Agenda continued Prior to a vote on the above motion, the following comments were heard. Page 3 Councilperson Greenwood asked if he could ask an attorney or Planning & Zoning about what is going on with Item li as there seems to be a difference of opinion between the applicant Pat Rooff and the city's stance on why he is being denied the license. Councilperson Greenwood stated Pat Rooff has said he has not been aware, he was sent a letter and he was to have that addendum attached on the letter but it wasn't on there telling him about his noncompliance issues. Mayor Hurley stated again lets proceed, but lets proceed cautiously because we are in litigation over this matter. Mayor Hurley stated he knows that Fire Inspection, Planning, Building Inspection and Code Enforcement go out as a team to do the annual inspection of the recycling yards. David Zellhoefer, Assistant City Attorney, stated he is not involved in the inspection process, but he was told that the team went out to try to inspect it and were turned away. Mr. Zellhoefer stated when our team shows up and they are told they can not come on the property, its difficult to do an inspection. No inspection, no license. Its that simple. Don Temeyer, Community Planning and Development Director, stated he talked to Aric Schroeder, Senior Planner, to get his side of the story. He went out there, he was denied access to the property because some information that they had requested from the attorney wasn't received. Information was mailed to Mr. Peterson on May 19, 2006 and Mr. Zellhoefer has a copy of that letter. That letter said it is because the junk and the salvage items are all outside the salvage yard. It was obvious from the outside of the salvage yard, you didn't need to go inside to see that there is junk beyond the fence and illegal stacking. Mr. Temeyer stated the letter that Planning sent to the council noted that was the problem with that yard, and it is a fact that its not inside the yard and that's what's been the problem for many years. It is stacked too high on one of them. And that has always been the problem, and that will continue to be the problem ,until it gets inside and the fence is completed. Following comments a vote was taken do the above motion with the following result. Ayes: Seven, with Councilperson Greenwood voting nay on Item li. Motion carried. HEARINGS & BIDS 123698 - Gunderson/Welper that proof of publication of notice of public hearing on Purchase. of Two 2006 4X4 Compact Extended Cab Pickup Trucks, as published in the Waterloo Courier on June 13, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123699 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 123700 Gunderson/Cole that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Two 2006 4X4 Compact Extended Cab Pickup Trucks", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-522. 123701 Gunderson/Cole that "Resolution authorizing to proceed in conjunction with above purchase", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-523. 123702 Gunderson/Cole that "Resolution approving award of contract in the total amount of $37,470.00 to Rydell Chevrolet in conjunction with above purchase", be adopted. Ayes Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-524. June 19, 2006 Page 4 HEARINGS 123703 - Welper/Schmitt that proof of publication of notice of public hearing on request of Stainless Plus, Inc. for a site plan amendment to the "C -1,C -Z" Conditional Zoning District for property generally located at 3533 Cedar Terrace Drive to allow for 9,750 sq. ft. expansion to west of existing building for additional industrial space as well as office expansion, as published in the Waterloo Courier on June 9, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123704 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 123705 - Welper/Schmitt that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-525. 123706 - Getty/Gunderson that proof of publication of notice of public hearing on request of Gene Dettmer to vacate, sell and convey for $1.00 a portion of right-of-way formerly known as Utica Street generally located south of Dawson Street and north of the east -west alley east of Columbia Street and Development Agreement with a minimum taxable value of $40,200.00, as published in the Waterloo Courier on June 9, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123707 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Gunderson that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 123708 - Getty/Gunderson that "an Ordinance vacating a portion of right-of-way formerly known as Utica Street generally located south of Dawson Street and north of the east -west alley east of Columbia Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 123709 Getty/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 123710 - Getty/Gunderson that "an Ordinance vacating a portion of right-of-way formerly known as Utica Street generally located south of Dawson Street and north of the east -west alley east of Columbia Street", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4817. 123711 - Getty/Gunderson that "Resolution authorizing said sale and conveyance", be "adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-526. 123712 - Getty/Gunderson that "Resolution approving said development agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-527. • • '' June 19, 2006 Hearings continued 123713 - Kincaid/Schmitt Page 5 that proof of publication of notice of public hearing on request of Iowa National Guard for a twenty-five year lease agreement for city -owned property generally located north of 3106 Airport Boulevard to allow for expansion of parking area, as published in the Waterloo Courier on June 9, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123714 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Kincaid/Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 123715 - Kincaid/Schmitt that "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-528. PETITIONS FROM PUBLIC 123716 -Schmitt/Kincaid that communication from Senior Planner transmitting request of Burg Construction for an appeal of the Driveway Policy prohibiting more than one driveway per property with less than 100 feet of street frontage to allow for two driveways in association with construction of two duplexes on a vacant lot with 99 feet of street frontage just east of 3541 East Shaulis Road, together with recommendation of denial of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution,approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper stated he realizes the city has to stick as close to policy as we can, but here we have a situation where we are only inches away from having an additional $200,000.00 in taxable value. Councilperson Welper stated the only way we are going to get our taxes down is to build a tax base, and here we have an opportunity where someone is willing to put up two properties versus one versus 12 inches of space. Councilperson Welper stated we make adjustments all the time, and he thinks here is a situation where we really need to make an adjustment. Councilperson Schmitt stated he agrees with what Councilperson Welper said, but he also thinks this property is unique in that it has gone before the Board of Adjustment. The applicant applied to the Board of Adjustment to not comply with the setbacks so they could build them side-by-side and keep it contingent with the rest of the area. The applicant could have built them one behind the other and not gone through this process. Councilperson Schmitt stated he feels council should approve this request. Councilperson Welper stated he spoke with Mr. Burg today, and if this is not approved he is only going to build one building, there won't be two. Councilperson Welper stated if we were talking about building this in a place like Hammond or Logan or Ridgeway or somewhere there is a great deal of traffic, maybe it would be different. Councilperson Welper stated he has no idea of what kind of traffic pattern is out there, but it can't be more than four or five cars per hour. Councilperson Welper stated he thinks it would be foolish for the city not to cut him that inch for an additional building. Councilperson Getty stated he agrees with what Councilperson Welper said. Councilperson Getty stated in his opinion both item 6 and item 7 should be approved. 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. 2006-529. June 19, 2006 Page 6 Petitions from Public continued 123717 - Getty/Greenwood that communication from Senior Planner transmitting request of David Knipp for an appeal of the Driveway Policy prohibiting more than one driveway per property with less than 100 feet of street frontage to allow for two driveways in association with an existing duplex on a lot with 78.42 feet of street frontage at 1240-1242 Hammond Avenue, together with recommendation of denial of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Schmitt stated this is not apples to apples as Hammond is a very busy street and there is only 78.42 feet. This is a half a block south of the intersection with East Mitchell, and he agrees with Engineering that we do not want another driveway in that location. Councilperson Welper stated he would have to agree with Councilperson Schmitt as he was out there too. Councilperson Welper stated he understands the problem they are having, but 12 inches is one thing, this is quite a bit more and Hammond is very busy. Councilperson Greenwood asked if there are some places have 60 foot lots. Councilperson Greenwood stated he place, but if they are willing to put a duplex there. stated if there is another driveway there, he doesn't anymore susceptible to be any more or less dangerous. stated he supports letting them do it. in the city where they realizes it is a busy Councilperson Greenwood think it will make it Councilperson Greenwood Mayor Hurley asked staff if there are 60 foot finished lots and how do them. we handle Eric Thorson, City Engineer, stated there haven't been any approved in the over 33 years that he has worked for the city for putting them two on a 60 foot driveway. That doesn't mean that there is not something out there that has been there for decades. Mr. Thorson stated he agrees with Councilperson Schmitt and Councilperson Welper that this is a little different situation that has heavy traffic volume and certainly much less in the standard. Mr. Thorson stated Waterloo's standard is already pretty lenient at 100 feet. The new statewide specs that most cities are adopting in Iowa is up in the 125 to 150 feet range. The city is pretty lenient already with this standard, and it may be subject to change or at least recommended to change in the future. The speed limits certainly haven't gone down and people aren't driving slower. They tend to drive faster so he thinks that is what the Planning & Zoning Commission looked at in this case. Mayor Hurley stated he thinks Councilperson Greenwood's point was not to put two driveways within 60 feet, but there are narrow lots in town with a 60 foot separation. Following comments a vote was taken on the above motion with the following result. Ayes: Two. Nays: Kincaid, Welper, Gunderson, Cole, Schmitt. Motion failed. DOCUMENTS 123718 - Greenwood/Schmitt that communication from Superintendent of Traffic Operations transmitting Change Order for a net increase in the amount of $10,200.00 for work performed by KW Electric, Inc. in conjunction with West 11th and U.S. 218 Traffic Improvements, CS -TSF -8155(44)-85-07, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 123719 - Greenwood/Schmitt that communication from Superintendent of Traffic Operations transmitting Completion of Project and Recommendation of Acceptance of work performed by KW Electric, Inc. at a total cost of $219,836.25 in conjunction with West 11th and U.S. 218 Traffic Improvements, CS -TSF -8155(44)-85-07, 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. 2006-530. June 19, 2006 Documents continued 123720 - Greenwood/Schmitt Page 7 that communication from Associate Engineer transmitting Supplemental Agreement with Wayne Claassen Engineering & Surveying, Inc. at a cost of $27,000.00 to provide construction review services in 'conjunction with F.Y. 2006 VGM Expansion Entrance Road, Contract No. 704, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Six. Abstain: Cole because she works at VGM. Resolution adopted and upon approval by Mayor assigned No. 2006-531. 123721 - Greenwood/Schmitt that communication from Police Chief transmitting Memorandum of Understanding with the City of Cedar Falls and Black Hawk County for distribution of $59,695.00 FY2006 Edward Byrne Memorial Justice Assistance Grant (JAG) to be used for funding for the Tri -County Drug Task Force, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-532. 123722 Greenwood/Schmitt that communication from Senior Planner transmitting request of Lois Gleason for tax exemptions totaling $45,000.00 for 937 Shultz 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. 2006-533. 123723 - Cole/Schmitt that communication from Senior Planner transmitting Encroachment Agreement with Doris and Gerald Boogren to allow for an existing retaining wall within the street right-of-way adjacent to 104 Four Seasons Drive, 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 Welper asked if a permit is required to build these retaining walls. David Zellhoefer, Assistant City Attorney, stated the problem was that the home owners contracted with a landscaping company to put the wall up, and the landscaping company didn't realize they were building on city right-of-way. It is a rather elaborate and ornate wall, you can see it at Rainbow Drive and Four Seasons. Mr. Zellhoefer stated he thinks the homeowners are trying to sell right now, and it is going to be very difficult due to the problems they have with the city. Mr. Zellhoefer stated he is not sure if there is going to be pending, litigation or not between the homeowners and the landscaping company, but this is something that would help alleviate the problem right now. Mr. Zellhoefer stated he does not know if there were any permits taken out at the time and he is not certain if permits were required for landscaping at the time this wall was built. Councilperson Welper stated it seems to him that there was a limestone wall there at one time and now this. Mr. Zellhoefer responded he doesn't know what was there beforehand, but he believes there might have been some type of wall there before in that general proximity. Mr. Zellhoefer stated what they did was they took that out and had a brand new spanking wall built and unfortunately its on city property. Councilperson Welper asked if this makes city liable if someone runs into that thing. Mr. Zellhoefer stated it doesn't mean that we can't be sued. The city is always open to that, but this would take the responsibility off us and put it on others. Don Temeyer, Community Planning & Development Director, stated we have done other encroachments when these little things happen. Mr. Temeyer stated today when you buy a property you survey it and find outthese little things that have been there and have been in existence for tens of years, so we address them through encroachment agreements. Mr. Temeyer stated we don't want to vacate the city's alleys or streets, and if they came in and asked we wouldn't let them put up new ones up if some of these old ones were in existence. June 19, 2006 Documents continued Page 8 Mr. Temeyer stated it is a way of dealing with it and makes them responsible for as much as we can make them responsible for. Councilperson Getty stated several homeowners have contacted him with problems with Planning & Zoning. They build a patio on the back of their home and they haven't got the 35 percent grassy area on their lot that they are supposed to have. Some of them are close, and they have received letters from Planning & Zoning saying to tear down your patio room, tear down your garage, tear down your deck and this is crazy. We have people who have had to take front porches off because there is not enough space between the street and the front of their house. And here comes something from the Senior Planner that says its okay to do this. Councilperson Getty stated he just don't understand it, its good for some places but not good for others. Councilperson Getty stated he doesn't think this item should be approved. Councilperson Schmitt stated like what Mr. Temeyer said we have a lot of instances around the city where something has been there forever, and when it is finally surveyed after 20 or 30 years of being there that its not in compliance, and the encroachment agreement is a way to get rid of the city's liability. All we are doing is recognizing that their wall is on city property and that they are responsible for it. Councilperson Schmitt stated the encroachment agreement also says that if the city has to go in and fix an easement or anything it has to come down so that we can still get at city property. The agreement says we are recognizing that they are sitting on our city property. Councilperson Getty stated this is a new wall. Councilperson Getty stated the old wall was taken down, and it is their responsibility as a homeowner to have it surveyed and find out where city property is and where it is not. Councilperson Schmitt you replace it, you checked it and they Councilperson Schmitt need to be addressed, stated something has been there for 30, 40, 50 years and do so thinking that the previous property owners already don't do it, and yes the owners have the responsibility. stated when these are brought to our attention then they and this is one way of addressing this particular issue. Mayor Hurley stated Councilperson Welper's question remains unanswered on whether a permit was required, and he will find that out because that could have brought this up a lot earlier for everyone involved. Mayor Hurley stated he knows what Councilperson Getty is speaking to in terms of comparison of what seems to be a dichotomous behavior on the part of the city and staff. Mayor Hurley stated that needs to be discussed at this table or in a work session, the 35 percent rule in the older neighborhoods. Councilperson Welper stated the problem here is not with the city, but he thinks the problem is with the property owner and the contractor. Councilperson Welper stated if he didn't take out a permit, if these people do this for a living, they should know that a foot inside the city's sidewalk is where your property begins, and this is right alongside the sidewalk. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Welper, Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-534. 123724 - Cole/Schmitt that communication from Director of Cultural -& Arts Commission transmitting final contract with InterActive Group at a total cost of $582,770.00 for exhibit design and construction for the Junior Art Gallery I and II in the Youth Pavilion Addition, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-535. 123725 - Cole/Schmitt that communication from Community Planning and Development Director transmitting Permanent and Temporary Easements at a cost of $11,036,72 to Oster Family Partnership, $20,502.96 to Rousselow Brothers Farms Inc., $14,253.00 to David and Ronald Pullin, $15,209.16 to Melba Harbaugh, $4,569.00 to Southland Park L.C., and up to $5,000.00 in closing and legal fees, as part of the Prescott's Sewer Project, be received, placed on file and "Resolution approving said easements", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-536. • • June 19, 2006 Documents continued 123726 - Cole/Schmitt Page 9 that communication from Senior Planner transmitting Final Plat of Heartland Heights Addition, together with staff report, aerial photograph, certificate of survey and deed of dedication, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-537. RESOLUTIONS TO BE ADOPTED 123727 - Kincaid/Welper that "Resolution authorizing certification to property taxes certain unpaid life safety and rental inspection fees", be adopted and City Clerk instructed to notify the Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-538. 123728 - Kincaid/Welper that "Resolution authorizing certification to property taxes certain unpaid garbage and sewer fees", be adopted and City Clerk instructed to notify the Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-539. 123729 - Kincaid/Welper that "Resolution fixing date of hearing as June 26, 2006 at 5:30 p.m. in the City Hall Council Chambers on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2003A, in the aggregate amount of not to exceed $66,500.00 for the purpose of purchasing automated parking ticket dispensers and payment machines for the parking lot at the Waterloo Municipal Airport", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by ,Mayor assigned No. 200.6-540. NEW BUSINESS 123730 - Cole/Schmitt that communication from Superintendent of Traffic Operations transmitting request to install 25 mph speed hump on Bethel Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-541. ORAL PRESENTATIONS 123731 - Joy Lowe, 130 Webster Street, stated this is more of a statement but it is addressed to Mayor Hurley, and she read a letter, copies which were distributed to the council and Mayor Hurley. Ms. Lowe thanked the council for allowing their President to speak on behalf of the members of the National Association for the Advancement of Colored People (NAACP) and many residents of Waterloo regarding their opposition to the request made by Chief Thomas Jennings to purchase tasers for the Waterloo Police Department during the June 12, 2006 meeting of the Waterloo City Council. Ms. Lowe stated this letter pertains to what occurred during her presentation and consideration of due recompense. Ms. Lowe stated Mayor Hurley gave her three minutes to speak and no later than two sentences into her statement Mayor Hurley interrupted her. Subsequently, when she began to disseminate documents from a. national organization Mayor Hurley rudely interjected again. Finally, when she sought to speak with Chief Jennings, with whom she has routinely interfaced regarding these community relations, Mayor Hurley imposed himself upon her again. Not only did we not appreciate the truncation of her chance to present the entire statement because of Mayor Hurley's repeated disruptive comments, but we were also offended by Mayor Hurley's condescending and demeaning tone of voice. As of the letter, we have received numerous telephone calls from Waterloo residents who watched the television broadcast of the meeting, indicating their abhorrence over how Mayor Hurley addressed Ms. Goodson. As to the former, they noticed that Mayor Hurley gave the individuals dealing with the dogs much more time to speak beyond the three minutes they were allotted. Ms. Lowe urged Mayor Hurley to take a look at the video of her presentation and listen to the way he addressed Ms. Goodson. Ms. Lowe stated they are certain that Mayor Hurley will, upon viewing it, feel compelled to apologize to her for his behavior and to do so in a public manner. June 19, 2006 Page 10 Oral Presentations continued The members of the NAACP and many residents of Waterloo look forward to hearing from Mayor Hurley soon. Ms. Lowe stated although they have not spoken with him about it, they do not appreciate Mayor Hurley addressing the Reverend Doctor Michael Blackwell as simply Michael. He has been educated at prestigious universities and possesses an earned doctorate, and he deserves to be addressed properly. Ms. Lowe thanked Mayor Hurley and council members for their consideration and time for hearing this. The letter was from Joy Lowe, Black Hawk County Branch NAACP; Sharon Goodson, President; Jim Day, Vice President; LaTanya Graves, Secretary; Delores Commack, Assistant Secretary. Mayor Hurley stated he did take the opportunity to review the tape today, and he thinks that the only important thing that needs to be said from his vantage point is that it is not their intention, his or the councils, to make people feel that they have been put upon or they have been shortchanged or anything like that. Mayor Hurley stated to whatever extent and regardless of who you are as an individual or what group your representing we are here to listen. We are here to receive and to respond and to go about our elected duties. Mayor Hurley stated as to the extent that his actions were received he regrets that, its not his intention at all, so he thinks he prefers to leave it at that. Mayor Hurley stated he appreciates Ms. Lowe coming forward and reading the letter, and he thinks it deflects from the issue of what the subject was that night on the tasers, and if the NAACP or any group would like to come and speak to Chief Jennings and he about their thoughts and feelings about that subject then he is certainly open to entertain to do that. Ms. Lowe asked if that is an apology. Mayor Hurley stated that is an expression of regret that anyone felt that way because he certainly doesn't feel he has anything to apologize for because it was not his intent to irritate or to cut short or do anything like that, but he is sorry that it was received that way. Gloria Little, 822 Baltimore, stated she is here tonight to talk about dogs, and she is not going to go into any detail about what happened to them because she wrote a letter to the newspaper a week ago, and if you have been reading the letters in the newspaper it was in there. There was a response from the dog owner in Sunday's paper and the good part about that was she had a telephone call from another family who had apparently had their dog attacked by this same dog. The problem seems to be, the common denominator in all of this, is animal control. The first instance that the dog attacked when the family said you need to do something about this dog animal control said that she was in their dogs space. Their daughter was jogging with their dog on a leash, and when she saw the dog in the people's front yard she went to the street. And the dog was on a chain long enough that it could get to the street. The second instance, in their neighborhood that the dog attacked another dog, and animal control told that family they were at fault because even though the dog was in their yard it wasn't on a leash, the kids had the dog out in the yard. Ms. Little stated she is not positive, but she thinks it occurred in a period of time before the ordinance was passed that the dogs had to be on a leash no matter what. Ms. Little stated in the instance when animal control came to the house, the investigating officer said they would issue her a citation if we insisted, and she told him she does insist. They said they would issue two citations and she asked what about the citation for not having a license. The animal control officer said it November and it is kind of toward the .end of year and they don't really want to issue her a citation for not having a licensed dog. Ms. Little stated so she said your telling me that we only have to have a license January through October, she paid a license for her dog, and she demanded that he issue a citation. Ms. Little stated they tried to find out what they needed to do to get this dog declared a dangerous animal and they couldn't get anywhere with animal control so they did talk to Sandie Greco. She was very helpful, but she kept sending them back to animal control. Ms. Little stated they finally told the lady at animal control if you are not going to do anything about this dog they made sticks with leashes that we carry around with them. The animal control officer said we should be careful, if you harm that pit bull you will be responsible. Ms. Little stated it seems to her that the biggest problem we have is with animal control, and she asked the city to begin a formal procedure to review with animal control. Ms. Little stated they printed out the city ordinance, and it looks clear to her, she doesn't know how you could have written it to protect people anymore than you already have. But if you have a group of people who won't work to protect us, the city code is not going to work. Ms. Little stated she thinks there is a problem with animal control, and she is asking Mayor Hurley to begin a formal procedure so this just doesn't fall by the wayside because she doesn't think they are doing their job. • • • June 19, 2006 • Oral Presentations continued Page 11 LaTonya Grave, 606 East Donald Street, reported they are having the Juneteenth Celebration the entire week. The events start taking place at East Fourth Street and Adams, located on the eastside of Waterloo. And tonight the blues band just began at 6:00 p.m. Tomorrow night there is going to be workshops; housing workshop, genealogy workshop. Wednesday they are going to have voter education and registration. Thursday will be healthcare and another barbeque cookout. Friday will be gospel night out. They will climax on Saturday, June 24, at the Martin Luther King Center. Ms. Grave stated this is in collaboration with the Martin Luther King Center of Hawkeye Community College, Eastside Ministerial Alliance, Historical and Cultural Museum and Jubilee Community Health Clinic. They also have t -shirts printed with this logo. James B. Robison stated he was just arrested yesterday and put in jail by Officer Barry. Mr. Robison stated he had brought his niece down here to file charges against her two children's father for assaulting her in front of those kids. Mr. Robison stated this has been ongoing, and he taped the whole thing. Mr. Robison stated he has assaulted her throughout the years. He even assaulted her in their driveway when his mother was alive. Mr. Robison stated the boy seems to think that he can assault anybody when he wants, at least his niece, and he doesn't have the patience for it. Mr. Robison stated he has come before the council before on a number of issues and a couple of them he is going to touch on seems how you just made the comments that you made. Mr. Robison stated he can't deal with psychological problems with other people. Mr. Robison stated he goes to work everyday, he is no problem, he doesn't bother anybody. Mr. Robison stated he is not going to apologize that he wasn't born in the 30s, 40s and the 20s where you had to take stuff. Mr. Robison stated he didn't ask to be born and he certainly doesn't want to be mistreated. Mr. Robison stated in this situation he brought his pistol from his home, something he keeps at home, unloaded, no clip in it, nothing in the barrel, and he said now stop this boy cause he knows what's coming. He is going to come to his house, and if he does this is what he is going to get. Mr. Robison stated he showed it to the officer and the officer said you have a pistol. Mr. Robison stated he said there is nothing wrong with it, there is nothing in it. Officer Barry looked at him, he jumped up, he seemed to be more concerned about him having a pistol that is unloaded than his niece being assaulted. Mr. Robison stated Officer Barry is sitting right there, then he jumped up, and he ran around the corner. Mr. Robison stated at that time his niece had finished making her statement, and he said why don't you guys go on and get in the truck and he is going to talk to him. Mr. Robison stated he heard a clicking sound, he went around the corner and asked the officer what he was doing, and he is over there with this empty gun. Then he started taking it apart. The officer told him to go back, and then he stepped around again and he was taking the gun apart and he asked the officer again what he was doing. The officer responded he was making sure that it wouldn't fire prematurely. Mr. Robison stated the gun did not have anything in it, and the next think he knew he was arrested for carrying a concealed weapon. Mr. Robison asked how can it be concealed and loaded if you didn't know it was there until he gives it to you. Mr. Robison stated he announced that he had it, .he give it to the officer and then he made the statement that he was carrying a concealed weapon and that he was arresting him, and it only came after he caught him busting this gun apart. Mr. Robison stated he wants to be treated fair. Mr. Robison stated last time he was here it was about Nancy Eckert. That woman stood there and hollered at him in front of that officer and you know that was assault. Mr. Robison stated the mayor made the statement since that time that he going to treat everybody fair. Mr. Robison stated he is listening to what Mayor Hurley said when he bounces back on this issue its different from another person. Mr. Robison stated he can't bounce around like a yo-yo because of somebody else's perception of what is a law. Its got to work each and every time for him just like it does for somebody else. Mr. Robison stated from what he is seeing here that for some reason, as a result of this discretion here with these different people, that its not working for him. Mr. Robison stated the primary thing in this particular case was to stop the assault, to do something about an ongoing record of assault. Mayor Hurley stated he is going to be fair and reminded Mr. Robison that we allow three minutes and we are passed that and asked Mr. Robison if he could wrap it up. Mr. Robison stated he would like Mayor Hurley to enforce the law right. She should have been arrested that day, an officer stood there. Mr. Robison stated that says to him a city employee different. Mr. Robison stated in the case he initially brought before the council, he said the police department did not investigate a case, even the Supreme Court has overturned the case saying the girl is lying. Mr. Robison stated he had to go out and get an investigation and the net result is he is taking the hit. June 19, 2006 • Page 12 Oral Presentations continued Mr. Robison stated he can't deal with these situations, he would have to second guess every move that he made about every aspect of his life when he walks out the door. Trying to do a song and dance to try and stay in compliance and not with written law but what somebody's perception of written laws is going to be, and based on their own perception of him. Mr. Robison stated if he can't get 100 percent he doesn't want any percent out of the police officers. Mr. Robison stated he won't call them for nothing. Mr. Robison stated just tell him up. front whether they are going to enforce the law for him every time or not. If not, if they see him dying in the street they can walk by him, don't do anything for him, he won't call them for nothing. He doesn't care what it is, whether it is theft, fire, whatever else, he will take his hit on his own. Mr. Robison asked what is it going to be, is he going to get 100 percent or not. This is what happened before. The Chief stood there with his head down like a child. He is the Chief of the city's Police Department. Mayor Hurley asked Mr. Robison to address his comments to him and the council. Mr. Robison stated every time he comes here, he is put off and asked Mayor Hurley to explain to him why he is put off and why nothing gets done. Mayor Hurley responded maybe the reason Mr. Robison gets an unsatisfactory response is this is the wrong venue to bring his complaints fora defined action plan. Mike Pedersen, an attorney in Waterloo representing Pat's Auto Salvage, stated there was a brief discussion of the denial of license for Pat's Auto Salvage earlier, and he did not have an opportunity to address the council at that time. Mr. Pedersen stated he does not want to get into the issues of the litigation and why that is going on. Mr. Pedersen pointed out that in 2004 nobody got a salvage yard license. Mr. Pedersen stated on May 1, his client received a notice that he was going to have an annual inspection. Mr. Pedersen stated he wrote to a number of people, pointing out that we were in litigation, we needed to avoid problems liked we had a year before, could we please get together and resolve these issues before the inspection. That didn't happen, the inspectors came out on May 11 to inspect the premise. Mr. Pedersen stated there has been an assertion that his client refused to permit the inspectors on the premises. That is not true. Mr. Pedersen stated if you would check the record you will find that the Fire Department did an inspection, they were allowed on the premises, they had an opportunity to look at everything they wanted to look at and there were no problems. The Health Department had the opportunity to inspect the premises, did whatever they wanted to do and his client passed the Health Department inspection. The person who was taking people through the business asked Aric Schroeder what do you want to look at, and he said he didn't want to look at anything, because he didn't have the paperwork from the legal department so he was not ready to do an inspection at this time. He was told when he had everything to come back and he could go through whatever he wanted to go through. To their knowledge, he never came back. Mr. Pedersen stated now they find out tonight from Mr. Temeyer that there is an assertion that Mr. Schroeder did come back, that he did inspect, and that because of the nature of his inspection, he didn't have to go inside the yard to inspect, he could inspect from outside and apparently did. But if that's the case then how is it that at the same time his client is being criticized for not letting him on the premises if he doesn't need to come on the premises to inspect in the first place. Mr. Pedersen stated it seems to him that we have a serious problem. Mr. Pedersen stated his client did get a letter telling him that he did have deficiencies and that letter refers to an attachment. That letter came on May 24, and there were no attachments. Mr. Pedersen stated on May 25, he sent out a letter to the City Attorney. He hand delivered a letter to the City Attorney's office making reference to the fact that there was supposedly an attachment setting forth what his client's deficiencies were, and to this day he still does not have a copy of that attachment. Mr. Pedersen stated they had no idea what his alleged deficiencies were, they had no idea that this issue was going to be at this council meeting tonight until they read Sunday's newspaper. Mr. Pedersen stated that is how they found out what the supposed deficiencies were. Mr. Pedersen stated he would like to point out that his client is trying to comply. They are entitled to notice. They don't want to continue litigation with the city, and they want this stuff over with. Mr. Pedersen stated his client is trying to buy a piece of property. Part of the problem is that he has expanded upon the representation of the city that he is going to be able to buy some property. He spent tens of thousands of dollars acquiring property. There is one piece of property or three parcels of property that belong to the city that he has been trying to buy for four years. This is an abandoned dump site. Nobody else can buy it under the city's policy. But he cannot put up fences, he cannot do the rest of the things with his. property until that issue is resolved either up or down. If he is not going to buy it, if the citywon't sell it to him then, he will proceed. If the city will sell it to him then they will proceed that way. Mr. Pedersen stated as Councilman Welper and Councilman Schmitt referred to earlier regarding trying to expand the tax base, that is what his client iseying to do. do • • r June 19, 2006 • Oral Presentations continued Page 13 You can't sell the ground to anybody else, its nonproductive but that goes back to the heart of the problem. Mr. Pedersen stated he is putting the council on notice that his client did not receive notice of what the deficiencies were that resulted in him being denied the license, and that needs to be on the record. Pat Rooff, Pat's Auto Salvage, stated they had a March 22, 2006 hearing in the courtroom. At the time of the hearing, Mr. Zellhoefer testified that he was the special facilitator sent by the City of Waterloo to get this land bill all done and taken care of. Mr. Rooff stated at that time Mr. Zellhoefer said if Mr. Rooff allows him the opportunity to come down and look at his property we are going to have this deal done lickity split. Mr. Rooff stated Mr. Zellhoefer has looked at it for almost for four months now, he has looked ateverything, and he would like to know from Mr. Zellhoefer where are we at. Schmitt/Welper that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 123732 - Getty/Schmitt that the council adjourn to Executive Session at 6:49 p.m. Ayes: Seven. Motion carried. Assistant City Attorney Dave Zellhoefer stated that discussion of acquisition of US Bank drive -up facility located at 425 Cedar Street is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2005). EXECUTIVE SESSION 123733 - Schmitt/Gunderson that the council adjourn Executive Session at 7:02 carried. p.m. Ayes: Seven. Motion 123734 - Schmitt/Gunderson that the Community Planning and Development Director be authorized to proceed as discussed. Ayes: Seven. Motion carried. ADJOURNMENT 123735 - Schmitt/Gunderson that the Council adjourn at 7:03 p.m. Ayes: Seven. Motion carried. O Nancy Eckert, CMC City Clerk