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HomeMy WebLinkAboutMinutes-06/12/2006June 12, 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 12, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Cole, Schmitt. Absent: Getty. Moment of Silence. Pledge of Allegiance: Don Temeyer, Community Planning & Development Director. 123653 - Schmitt/Kincaid that the Agenda, as amended to add Item Nos. 12a and 21 and amend Item Nos. 5 and 12, for the Regular Session on Monday, June 12, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. 123654 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, June 5, 2006, and Special Session on Tuesday, June 6, 2006, at 3:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. Mayor Hurley read a Proclamation declaring June .12-18, 2006 as United States Army Week. CONSENT AGENDA 123655 - 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 June 12, 2006, in the amount of $2,998,713.12, a copy of which is on file in the City Clerk's office. Resolution adopted and upon approval by Mayor assigned No. 2006-493. 2. Communication from City Engineer transmitting request of Raymond F. Jenn for a waiver for a concrete driveway to be located at 1045 Belle Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-494. 3. Communication from Police Chief transmitting request of Rita Ferneau, Campus Director of Waterloo Campus of Quakerdale, to hold benefit ride on June 17, 2006, beginning at 11:00 a.m. with route leaving Quakerdale- Waterloo Campus and riding on Highway 63 south of town, including a police escort. Resolution adopted and upon approval by Mayor assigned No. 2006-495. 4. Communication from Police Chief transmitting request of Main Street Waterloo to hold BBQ'LOO & BLUES, TOO on July 14, 2006 from 5:30 - 9:30 p.m. and July 15, 2006 from noon until 4:00 p.m., with event to be held at Lincoln Park, 4th Street from Franklin to Mulberry Streets, Mulberry Street from 4th Street to Park Avenue (the park side lane only), Park Avenue from Franklin to Mulberry Streets and the 1st floor parking ramp on the corner of Park & Mulberry, including a beer garden, live blues, and closing 4th Street from Franklin to Mulberry, Mulberry from 4th Street to park and Park Avenue from Mulberry to Franklin Streets. Resolution adopted and upon approval by Mayor assigned No. 2006-496. b. Motion to approve the following: 1. Michelle Weidner, Chief Financial Officer, to attend Local Government Update Iowa Governmental Audits in Cedar Rapids, Iowa on June 7, 2006, with costs not to exceed $175.00, including use of city vehicle. 2. Lisa Campbell and Robert Greenlee III, Police Sergeants, to attend Precision Driving Instructor Recertification School in Johnston, Iowa on July 20, 2006, with costs not to exceed $264.00, including use of city vehicle. June 12, 2006 Consent Agenda continued 3. Mark Meyer, Police Sergeant; and Brian Hoelscher, Police Office, to attend Firearms Instructor School in Johnston, Iowa on July 24 -August 4, 2006, with costs not to exceed $1,902.00, including use of city vehicle. 4 Communication from Superintendent of Central Garage transmitting recommendation of appointment of Kent Flege to the position of Mechanic, effective June 13, 2006. Page 2 c. Beer License Permit Application Class C Metro 66, 1625 West 4th Street (Renewal) (Expires 6/8/07) (Includes Sunday Sales) d. Wine License Permit Application Class B New Star Mart, 1415 Logan Avenue (New) (Expires 6/15/07) (Includes Sunday Sales) e. Liquor License Permit Application Class A El Mecca Shrine Club, 325 East Park Avenue (Renewal) (Expires 6/20/07) f. Outdoor Service Area Application American Golf Course, 1575 W. Big Rock Road g. Fireworks Display Application Sunnyside Country Club, 1600 Olympic Drive on July 4, 2006 h. Cigarette/Tobacco License Permit Application Edo's Sports Bar, LC, 110 East 11th Street i. Bonds. Ayes: Six. Absent: Getty. Motion carried. HEARINGS 123656 - Greenwood/Kincaid that proof of publication of notice of public hearing on request of Harold and Charlene Burington to rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District property generally located at 4466 Wagner Road, M mile north of Big Rock Road and % mile south of Dunkerton Road, just inside the City Limits for the construction of a single-family home, as published in the Waterloo Courier on May 26, 2006, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 123657 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Harold Burington stated they were turned down with the zoning and never really received a good explanation. The Planning, Programming and Zoning Commission just turned it right down. Mr. Burington stated they feel if they were in the county there would be no problem, and he doesn't see what the big problem is here in the city. Mayor Hurley asked if they attended the Planning and Zoning meeting. Mr. Burington responded they did attend the meeting. Mayor Hurley stated he thinks they read into the record and asked Mr. Burington if he was saying that he is not clear as to why Planning and Zoning denied this request. Mr. Burington responded that is right. Mayor Hurley stated the records show that there was quite a bit of analysis on this request from staff, but he did not attend the Planning, Programming and Zoning Commission meeting so he cannot tell Mr. Burington about their discussion. Don Temeyer, Community Planning and Development Director, stated certainly the Buringtons have an issue with the buildings that they have. These old farm buildings are there, and they have the house that is directly north into the county. Mr. Temeyer stated they have been in the family for a long time. Mr. Temeyer stated the city hears many complaints from the Farm Bureau that we are letting too many single family houses out into farm territories or farming areas. Then it makes it more difficult to farm and people start complaining about the normal farming practices that are going on. Mr. Temeyer stated this is adjacent to the airport area, and it is proposed to have industrial and not be a residential area. • • • June 12, 2006 Hearings continued Mr. Temeyer stated Page 3 the Planning Commission recommended against it because not in conformance with the Long Range Land Use Plan, and allowing additional dwellings would set a precedence for future requests to turn into a residential area that is not compatible with the airport, airport noise and the future industrial that will occur coming up Wagner Road. its the this Harold Burington showed the council a picture stating these are the buildings, they are not old. Right down on Dunkerton Road just a mile, just about on Highway 63, they had three acres where they just built a house, and that is right in the farming area. Mr. Burington stated down the road from that place where this building is sitting just three quarters of a mile, about four years ago they built a house and moved a house in there in the farming area. They sold all the property off and just left that acre and a half there and sold the house. Charlene Burington stated those are the buildings that are there, and they don't know what they are going to do with them. Ms. Burington stated they used to milk as they were a dairy farm. Ms. Burington stated they don't want them to do storage, which they wanted to do light storage as they would just like to store their boats and things like that, just light storage as they are not going to want the big heavy business storage. Mr. Temeyer stated the Zoning Ordinance allows a farm because they are there but the acreage can be sold off and people can buy that. Mr. Temeyer stated the Buringtons have a house right now with it, but they are splitting it off from the buildings and then want to create another house. Charlene Burington asked what is the city going to let them do with the buildings if they leave it as it sits there now. Mr. Burington noted it is in the country. Mr. Don Temeyer stated it is, but it is tied to the acreage and the Buringtons want to split it off and create another house there. Mr. Burington stated the city is saying they don't want to do it because they are in the city but right outside the county they can do other things. Mr. Temeyer stated the county does look at each request on a case-by-case basis, and they deny many of them. Ms. Burington asked what does the council suggest they do with these buildings. Mayor Hurley commented that is not for council to suggest. What is before the Council tonight is whether they uphold the Planning and Zoning denial or not. Anything else is for clarification, and he doesn't think it is the council's duty to advise anyone in this situation of what to do with their buildings. Schmitt/Kincaid that the hearing be closed and recommendation of denial of Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 123658 - Greenwood/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 381 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood commented on the property there was a house, and that house was moved to the north across the road and now what they want to do is build another house on there. Mr. Temeyer stated this has been in the family a long time, but the original family house was moved to the south. This is still a part of the acreage, and they want to split off this house and then have this parcel to build another single family house in hopes of selling off the farm buildings. Mr. Temeyer noted this is a house the county did approve four years or so ago. Councilperson Greenwood asked if there is a house on the homestead now. Mr. Temeyer responded they haven't been split up because a sale has not occurred. Mr. Burington stated they were always split up, the other house to the north was always split off. June 12, 2006 Hearings continued Councilperson Greenwood asked if the Buringtons had to get permission from the county to move that house across the street. Mr. Burington responded they moved it south back in the 70s. Councilperson Greenwood asked if farmland extends to the east and to the south. Ms. Burington responded they have a quarter mile back and a mile long, and that they have 160 acres that goes all around that acreage. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Kincaid, Welper, Schmitt. Absent: Getty. Motion failed. Page 4 123659 - Schmitt/Kincaid that proof of publication of notice of public hearing on request of Metropolitan Transit Authority to transfer a portion of city property commonly referred to as the Browning lot that was approved as part of the Federal Transit Administration grant to construct parking lots under the Highway 218 viaduct and a lot near River Road, as published in the Waterloo Courier on May 26, 2006, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 123660 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Kincaid that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. 123661 Schmitt/Kincaid that "Resolution approving said transfer of property", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-497. 123662 - This being the time and place of public hearing for A & S Petroleum, 127 Jefferson Street, on the violation of Waterloo Code of Ordinance, sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age, the Mayor called for written and oral objections and there were none. Gunderson/Schmitt that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. 123663 - Gunderson/Greenwood that "Resolution assessing $300.00 penalty for said violation", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by -Mayor assigned No. 2006-498. UNFINISHED BUSINESS 123664 - Kincaid/Schmitt that communication from City Engineer transmitting recommendation of award of contract in the amount of $1,933,636.02 to.Aspro, Inc. and Its Subsidiary of Waterloo, Iowa in conjunction with F.Y. 2006 Rath Brownfields Street Reconstruction Program, Contract No. 686, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-499. PETITIONS FROM PUBLIC 123665 Welper/Gunderson that communication from Senior Planner transmitting request of William Van Skiver to vacate sidewalk in front of home located at 1515 Glenny Avenue, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 26, 2006, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-500. • • • June 12, 2006 Page 5 REPORTS 123666 - Greenwood/Schmitt that communication from Fire Chief transmitting updated version of City of Waterloo Multi Hazard Emergency Operations Plan, be received, placed on file and "Resolution approving updated version of said plan", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-501. DOCUMENTS 123667 - Cole/Greenwood that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $559,864.70 with KWS, Inc. of Cedar Falls, Iowa in conjunction with F.Y. 2006 San Marnan Drive Traffic Improvements - Phase 3, Contract No. 702, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-502. 123668 - Cole/Greenwood that communication from Police Chief transmitting application with U.S. Department of Justice, Office of Community Policing Services for the COPS Secure our Schools Program to assist with development of school safety resources to be used by the Waterloo School District, with no costs to the city, be received,. placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-503. 123669 - Cole/Greenwood that communication from Community Planning and Development Director transmitting agreement with Harvest Vineyard Church to lease a portion of 1104 Sycamore Street for a period of thirty days with automatic extensions for thirty days for $300.00 per month including utilities, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-504. 123670 - Cole/Greenwood that communication from Contracts and Grants Coordinator transmitting Addendum to Contract No: 141 -D -GO -02-10-06 to provide for demolition of 520 Mobile Street and award contract to Lehman Trucking & Excavating in the amount of $8,500.00, be received, placed on file and "Resolution approving said addendum", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-505. 123671 - Cole/Greenwood that communication from City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $1,933,636.02 from Aspro, Inc. and Its Subsidiary of Waterloo, Iowa in conjunction with F.Y. 2006 Rath Brownfields Street Reconstruction Program, Contract No. 686, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-506. 123672 - Welper/Kincaid that agreement with H. W. Grout Trust setting out the terms of a grant from the City of Waterloo in the amount of $880,000.00 as part of the Vision Iowa Grant Award Agreement to be used for the Sullivan Brothers Veterans Museum and Research Center, 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. June 12, 2006 Page 6 Documents continued Mayor Hurley noted this item was added to the agenda today. He intended it to get on the agenda last week. Mayor Hurley stated we don't like to spring these kind of things on our tax paying citizens so that is why he is taking care to address council and everyone that the city is not just slipping something in here, but the city has been in partnership with the Grout Museums since its been in the City of Waterloo. Particularly in the last three or four years that relationship has grown closer to the point that we were co -applicants along with the City of Cedar Falls for a Vision Iowa grant. We received that grant jointly, and the Vision Iowa Board, in addition to allowing us those state funds, they provided us conditions. Mayor Hurley stated those conditions are basically you succeed together and you fail together. So not wanting that to happen and knowing that the Grout project, the Museum expansion, is a terrific compliment to what the city is doing at the Riverfront area, he proposed council support of that project. Mayor Hurley stated that basically the city is using monies from our solid waste returns. Mayor Hurley noted the reason he put it on the agenda after last Thursday's agenda meeting is because we had to get some technical legal things ironed out, but there is a due date coming up in early July and he wanted to get this done so we could get all of our things in order. Mayor Hurley stated there is another $20,000.00 already committed from hotel/motel tax funds that the council approved a couple of years ago, and that obligation is still there. Billie Bailey, Executive Director of the Grout Museum District, thanked everyone on behalf of the Board, Campaign Committee, the staff and Iowa Veterans. This has been a long argues process that most of the council has been through with them, and its a great day to have this finally come to pass. As the saying goes, everything comes to those who wait. Ms. Bailey stated they are excited to be moving forward with this project finally. They have a few little details to iron out with the Vision Iowa Board, and they are anxious to be breaking ground sometime this fall. Ms. Bailey thanked everyone again for all their patience and support. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-507. RESOLUTIONS TO BE ADOPTED 123673 - Gunderson/Schmitt that communication from Police Chief requesting authorization to purchase 50 X- 26 Tasers and related equipment from Taser International at an approximate cost of $48,000.00, be received, placed on file and "Resolution approving said purchase", be adopted. Prior to a vote on the above motion, the following comments were heard. Sharon Goodson, President of NAACP, stated she read about this in the paper and not only was she surprised that Chief Jennings of the Waterloo Police Department has requested that the city fund a supply of Tasers, but she was shocked of the number ordered. A taser is an electronic torture device like a cattle prod. Tasers are weapons of torture. A taser on the person of a police officer is likely to be used especially if it is characterized as an alternative to guns. Tasers have been used on children both male and female described by the police as unruly, argumentative or uncooperative. There are many examples from across the county of people of all ages that have been tortured by a taser. Ms. Goodson distributed a copy of a resolution from the National Association of the Criminal Justice calling for a ban on taser guns. Ms. Goodson stated she would also like to read some of the literature that she took off the internet about the taser guns. Ms. Goodson stated it is not that tasers are being requested to prevent losses or to even officers' injures, more training needs to be done to help officers to learn how to diffuse situations and keep from escalating without the use of deadly force including tasers. With all the training and sessions that has been going on in Waterloo between community and the police department, Ms. Goodson asked Police Chief Jennings to tell her why he needs Taser guns. Mayor Hurley asked Ms. Goodson to direct her comments to the council. Ms. Goodson asked why 50 taser guns are needed. Mayor Hurley noted the council has had a couple of Work Sessions, this item has been on a couple of subcommittees, and we have had a lot of public discussions about it already, which would have been a great time to bring this up. • • i June 12, 2006 Page 7 Resolutions to be Adopted continued Ms. Goodson noted since then there has been different forums and whatnot to dissolve problems in the community. Mayor Hurley asked Ms. Goodson if she and the organization she represents are against the use of taser guns, and Ms. Goodson responded that is very true. Councilperson Gunderson noted that were no bids on the Tasers and asked Police Chief Jennings why did the city did not go out to bids to Taser International? Thomas Jennings, Chief of Police, responded the city is buying from the manufacturer. There is only one manufacturer and to bid it out we would be buying from a supplier, and they are buying it directly from the company. Mayor Hurley asked if the council approves this acquisition and training, and when would they be responded with the purchase and the training probably October or November. purchase what is the timing on on the street. Chief Jennings probably not until the fall, Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Kincaid. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-508. 123674 - Kincaid/Cole that request of Councilperson Kincaid to reconsider request of Diane Latusick with Lil' Jimmy O's Donut Shop for a minor site plan amendment to the "S-1" Shopping District for property generally located near the northwest corner of Ridgeway Avenue and Kimball Avenue for the location of an 8' x 14' temporary trailer, be approved. Ayes: Six. Absent: Getty. Motion carried. 123675 - Kincaid/Welper that "Resolution approving said minor site plan amendment", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-509. 123676 - Schmitt/Cole that Tax Exemption Certificate in conjunction with issuance of $8,200,000.00 General Obligation Bonds, Series 2006A, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 123677 - Schmitt/Cole that Continuing Disclosure Certificate in conjunction with issuance of $8,200,000.00 General Obligation Bonds, Series 2006A, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Motion carried. 123678 - Schmitt/Cole that "Resolution authorizing the issuance of $8,200,000.00 General Obligation Bonds, Series 2006A and levying tax to pay said bonds", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-510. 123679 - Schmitt/Cole that "Resolution Moines, Iowa, to appointing Wells Fargo Bank, National Association of Des serve as paying agent, bond registrar and transfer agent and approving the paying agent conjunction with issuance 2006A", be adopted. Ayes: Resolution adopted and upon 123680 - Gunderson/Schmitt and bond registrar and transfer agent agreement in of $8,200,000.00 General Obligation Bonds, Series Six. Absent: Getty. approval by Mayor assigned No. 2006-511. that Continuing Disclosure Certificate in conjunction with $1,900,000.00 General Obligation Bonds, Taxable Series 2006$, placed on file and approved and Mayor and City Clerk authorized to Ayes: Six. Absent: Getty. Motion carried. issuance of be received, execute same. June 12, 2006 Resolutions to be Adopted continued Page 8 123681 - Gunderson/Schmitt that "Resolution authorizing the issuance of $1,900,000.00. General Obligation Bonds, Taxable Series 2006B and levying tax to pay said bonds", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-512. 123682 - Gunderson/Schmitt that "Resolution appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar and transfer agent and approving the paying agent and bond registrar and transfer agent agreement in conjunction with issuance of $1,900,000.00 General Obligation Bonds, Taxable Series 2006B", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-513. 123683 Welper/Gunderson that "Resolution approving and authorizing a form of Loan Agreement and authorizing and providing for issuance of $250,000.00 General Capital Loan Notes, Taxable Series 2006C and levying tax to pay said notes", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-514. NEW BUSINESS 123684 - Schmitt/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,772.00 for work performed by the Water Works at 606 Fowler 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: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-515. 123685 — Schmitt/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,800.00 for work performed by the Water Works at 419 Fowler 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: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-516. 123686 - Schmitt/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,292.32 for work performed by the Water Works at 149 Mohawk 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: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-517. 123687 Cole/Schmitt to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of Two 2006 4X4 Compact Extended Cab Pickup Trucks, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 123688 - Cole/Schmitt that specifications, bid document, etc. in conjunction with Purchase of Two 2006 4X4 Compact Extended Cab Pickup Trucks, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. • • June 12, 2006 New Business continued 123689 - Cole/Schmitt Page 9 that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-518. 123690 Cole/Schmitt that "Resolution setting date of hearing on specifications, bid document, etc. as June 19, 2006 at 5:30 p.m. in the City Hall Council Chambers", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-519. ORAL PRESENTATIONS 123691 - Sue Holm, 1300 Burton Avenue, stated she was at the meeting to support Bernice Wasserfort, who was attacked in her own backyard on Saturday, June 3, 2006. Ms. Holm stated there are three pit bulls that live next door to Bernice Wasserfort, owned by Monique Wolf. Ms. Holm stated a hole had been dug underneath the fence, and two of the pit bulls got into Bernice's backyard, one of the dogs jumped on her and attacked and killed her small Yorkie. Ms. Holm stated she understands there was also an attack which happened in the fall to Bernice. Ms. Holm stated on June 29, 2005, she was involved with one of the pit bulls. Ms. Holm stated she lives on Burton Avenue, and at 7:00 a.m., which is the same time Bernice was attacked, she was walking her small Dachshund, approaching her house when all of sudden bounding across the street came two large dogs. Ms. Holm stated she scooped up her dog, put him under her arm, the dogs proceeded to jump up at her, she was screaming frantically and moved out in the street. She put the dog above her head and was able to hold the dog above her head as the dogs continued to jump up around her. Motorists stopped, but they didn't get out as they were too stunned to help her. Ms. Holm stated she felt as if she were being raped. Ms. Holm stated her neighbors heard her and came running out and were able to get the dogs away from her. Ms. Holm stated she got into her house, called 911, but since she was in her house and in no imminent danger, no officer was sent out. Ms. Holm stated she was told to call Animal Control, the dogs continued to stalk her house, and she called 911 again. Animal Control came out and she checked out Ms. Holm's dog. Ms. Holm stated she took her dog to the vet, he was severely bruised. Ms. Holm stated she went to the doctor and her arm was severely bruised and scratched. Ms. Holm stated she wanted to share with the council the seriousness of the dangerous dogs that are in our community. Ms. Holm stated Animal Control would not tell her the name of the owner of the dogs, but she happened to have a neighbor outside who was looking for her dogs that morning. She called them pit bulls. Ms. Holm stated she contacted the owner of the dogs, who apologized for what happened and said she would pay her for what happened. Ms. Holm stated she has been trying to get restitution over the last several months but never has. Ms. Holm stated a Police Officer happened to be in the neighborhood after the attack on Saturday talking to one of her neighbors and then talked to her. Ms. Holm stated Ms. Wolf owns three dogs and there were two dogs loose during the June 29, 2006 incident. The dogs did not have collars. Joan Wasserfort, 1335 Jersey Lane, stated on June 3, 2006 they were at her mother-in-law's home, helping her plant flowers. Ms. Wasserfort stated her husband proceeded down the sidewalk to the garage. The backyard is fenced in, the pit bulls were outside, and her mother-in-law was seven or eight feet behind her husband, and she was closing the gate. Ms. Wasserfort stated her mother-in- law was carrying her dog, and before she could scream, the neighbor's dog went under the fence, and knocked her mother-in-law down. Ms. Wasserfort stated the other dogs were there as well. The male dog grabbed her mother-in-law's dog, Ms. Wasserfort was trying to get the male dog off her mother-in-law, her husband was trying to get her mother-in-law's little dog, but by the time he did the neighbor's dog had torn out its tongue, artery, broken its neck and crushed its skull in about a matter of ten seconds. Ms. Wasserfort stated while she was screaming, Ms. Wolf called her dogs and the female dog went back under the fence. The male dog proceeded to try to attack the three of them, and Ms. Wolf was screaming for them to get into the garage and close the door so she could come and get the dog, which she did. Ms. Wasserfort stated Ms. Wolf had to physically restrain the dog and take it back home because it would not leave the garage and continued to attack them. Ms. Wasserfort stated this is the second time this has happened. Ms. Wasserfort stated it also happened to her mother- in-law the end of last August. At that time, Animal Control talked to Ms. Wolf about it and she was suppose to fix the fence because they have dug many holes where they can just hit the fence and go under. June 12, 2006 Oral Presentations continued Ms. Wasserfort stated they have been worried because her mother-in-law is a small woman, she is 82 years old and is no match for a pit bull. Ms. Wasserfort stated at the time the Animal Control Officer and Police Officer were there they came out and talked to Ms. Wolf. When the Animal Control Officer came back from talking with Ms. Wolf, she said the dog seemed so gentle in the house. Ms. Wasserfort stated her husband asked the Animal Control Officer to go back and ask Ms. Wolf to let the dogs out while they were standing in the backyard. Ms. Wolf let the dogs out and immediately the aggression started, they tried to get under the fence, pacing the fence. Ms. Wolf called the dogs, the two females went to her but the male would not. Ms. Wasserfort stated the Animal Control Officer had to get the dog to leave. The dog is very aggressive, and they are afraid. Ms. Wasserfort asked if the ordinance could be amended so that not only the Animal Control Officer can decide if this is a dangerous dog. Ms. Wasserfort noted the city's ordinance says any dog with a known propensity or disposition to attack unprovoked or cause injury to or otherwise endanger the safety of humans or other domestic animals or any dog which attacks a human- being or other domestic animal without provocation, it can be declared dangerous. by the city council or an Animal Control Officer. Ms. Wasserfort stated the Animal Control Officer said she had the papers for the rabies shot, and it could be housed quarantined because it was only the second incident because they did not know about Sue Holm at the time. Ms. Wasserfort stated it was not three times and your out. This dog is still in the house or Ms. Wolf brings it out on a leash. Ms. Wasserfort stated Ms. Wolf's plan is to build a cage for the dog. Ms. Wasserfort stated her mother-in-law has lived there for 43 years, and she is scared to go to her backyard. Maria Tiller, Animal Control Officer, stated she was not the officer on that call when the incident happened, but they took quite a beating from the public on this incident and spent an extensive amount of time on the telephone going over different things. Animal Control issued Ms. Wolf a written warning when one of the first incidents happened. The animal has been quarantined, and three citations have been issued, one for fear of attack, one for the dog being at large and one for her failure to maintain a city license on the dog, which is Caesar. She stated this is not the first incident in Waterloo that happened this year. There have been five different cases where dogs have attacked other dogs, or dogs running loose have killed a cat. There have been other incidents where she has made recommendations to people that if they can't keep their dog confined, there is a possibility they could build kennels so situations like this do not occurred. Ms. Tiller stated a while back she e-mailed some things. she would like to see changed in the city ordinance, not just to protect the pet owners and the dogs, but to also protect the public. Ms. Tiller stated this incident is a horrific incident, but Animal Control has done everything it can possibly do up to this point. Councilperson Cole stated if Animal Control has had continual experiences with this animal, her reading of the ordinance is that an Animal Control Officer can deem an animal dangerous and remove it from situations. Councilperson Cole asked why wasn't this dog removed on the spot. Councilperson Cole asked if the Animal Control officer involved has given any reason for not deeming the animal dangerous and removing it. Councilperson Cole stated this is a very dangerous situation with this dog and she feels terrible for her. Page 10 Ms. Tiller responded she spoke to Ms. Wolf on the possibility of building a very secure kennel. Ms. Tiller stated there are more than just Caesar" in this community that we could look at potentially becoming dangerous dogs, and its not just the pit bulls. Animal Control is asking when they encounter a dog which they feel is a potential danger, maybe it has bitten somebody once or gone after somebody's animal, that they have the criteria to make them build a secure kennel, and if they refuse to do that and do not abide by that, then give Animal Control the authority to go in and do what they need to do. Councilperson Cole stated Animal Control has the authority under the ordinance to declare these dogs dangerous. Ms. Tiller stated if a dog runs loose and runs after another dog, which happens quite often in this community, Animal Control issues the standard written warning, goes after the city license and rabies certificate, starts issuing citations or asks the public for help to issue citations. If Animal Control doesn't see the animal off the premises and somebody else comes forward and says this is the date and time the animal was off the premises, and signs the back of the citation, the citation is issued and Animal Control goes forward from there. Animal Control is asking if they have incidents like this that we don't wait until something like this happens. Mayor Hurley stated perhaps the ordinance needs some fine tuning, and if Animal Control needs city written policy/protocol to do that, then that is something the city can take into consideration. • June 12, 2006 Oral Presentations continued Ms. Tiller stated its not just the dogs running at large, but if you ever drive down some of the city streets you would notice how many log chains are on certain dogs. When Animal Control stops and asks the owners why they have a log chain on their dog, they says its because the dog broke a cable, doesn't like other dogs, etc. If they have a dog they feel has to be on a log chain, then they should have a secure kennel so the dog never gets loose. Mayor Hurley stated this incident in his opinion fits the definition of a dangerous animal. The council can declare a dog dangerous as can an Animal Control Officer. Mayor Hurley stated normally he would say to refer this to the legal department to take it from here, but the council has the option to signal that they are declaring the dog dangerous. Page 11 Councilperson Schmitt stated he does not understand why this officer did not declare the dog dangerous after the incident because it was not the first strike for this dog. Schmitt/Cole that the pit bull dog named Caesar be declared dangerous. Councilperson Gunderson stated he would like to hear from the owner of the dog, as there are two sides to every story. Councilperson Gunderson stated there is no doubt this dog has a problem, but he would like to let the owner speak on behalf of the dog. Mayor Hurley stated if the council declares the animal dangerous, a citation will be written, the owner has the right of appeal seven days after receiving the notice and the city has to hold a hearing within 30 days of receiving the notice of appeal Ayes: Six. Absent: Getty. Motion carried. 123692 - Michael Blackwell, P.O. Box 804, Cedar Falls, stated it became a concern of his tonight that it wasn't known that Taser International is the only company that manufactures tasers in this country. Mr. Blackwell stated Taser International does training of Police Departments, and they have been criticized by Police Departments around the country. Mr. Blackwell suggested that training be created and done locally and the city not use Taser International because they have been criticized. Mr. Blackwell stated he feels that the information that Taser International is the only company manufacturing tasers should have been discovered in any work sessions the council had and also some of the history behind Taser International. Tom Jennings, Police Chief, reported the training is conducted by the Iowa Law Enforcement Academy and the officers are certified by the Iowa Law Enforcement Academy. Chief Jennings stated an officer was sent to Tasers International, but they are also sending them to the Law Enforcement Academy for certification by the state. Councilperson Cole read a letter written to Cammie Scully, Director of the. Center For The Arts, from the Director of Leisure Services for West Des Moines, who attended the public arts conference that took place in Waterloo and spent a lot of time at the design studio at the Center For The Arts. His comments included the conference was wonderful, he always comes away from events in Waterloo/Cedar Falls inspired by their community spirit. The people get things done whether it is public arts, trails or some other quality of life issue. Having never been at the Waterloo Center For The Arts, he came away quite impressed. The facility was beautiful and spotless, it was so clean and neat. He was also pleased to see the display of the pictures of stained glass from the local synagogue. After checking out their website, he finds they have the largest public collection of Haitian art in the country or the world. Knowing how hard it is to get things down in government and raise private money, the Center For The Arts has been extremely successful. Particularly, given the economic conditions in Waterloo the last decade or more and the perhaps less than progressive view of the city council a few years ago. As we move forward with the public art plan, he will be contacting Ms. Scully for information and advice. Schmitt/Kincaid that the above oral comments be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. June 12, 2006 Page 12 ADJOURNMENT 123693 Welper/Gunderson that the Council adjourn at 6:45 carried. p.m. Ayes: Six. Absent: Getty. Motion Nancy Eckert, CMC City Clerk