HomeMy WebLinkAboutMinutes-02/19/2007February 19, 2007
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, February 19, 2007. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Cole, Schmitt.
Absent: Getty.
Moment of Silence.
Pledge of Allegiance: Tom Jennings, Police Chief.
124919 - Schmitt/Kincaid
that the Agenda, as proposed, for the Regular Session on Monday, February 19,
2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty.
Motion carried.
124920 - Schmitt/Kincaid
that the Minutes, as amended, for the Regular Session on Monday, February 12,
2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty.
Motion carried.
CONSENT AGENDA
124921 - 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. 1-83, dated February 19, 2007, in
the amount of $2,222,222.04, 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. 2007-116.
b. Motion -to approve the following:
1. Joe Saunders, Police Officer, to attend ASP Instructor School in Des
Moines, Iowa on February 26-27, 2007, with costs not to exceed $223.00,
including use of city vehicle.
2. J.B. Bolger, Golf Manager, to attend Greater Madison Golf Show in Madison,
Wisconsin on February 16-18, 2007, with costs not to exceed $350.00,
including use of city vehicle.
c. Bonds.
Ayes: Six. Absent: Getty. Motion carried.
HEARINGS
124922 - Gunderson/Welper
that proof of publication of notice of public. hearing on reallocation of not to
exceed $283,500.00 unspent proceeds of General Obligation Bonds, Series 2003A to
pay costs of renovation, reconstruction and improvement of the public parking
lots at the Waterloo Regional Airport, as published in the Waterloo Courier on
February 9, 2007, be received and placed on file. Ayes: Six. Absent: Getty.
Motion carried.
124923 This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Gunderson/Welper
that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried.
124924 - Gunderson/Welper
that "Resolution instituting proceedings to take additional action and approving
reallocation of said bonds", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2007-117.
February 19, 2007
Hearings continued
Page 2
124925 - Gunderson/Welper
that proof of publication of notice of public hearing on reallocation of not to
exceed $125,000.00 unspent proceeds of 2005A General Obligation Bonds for the
purpose of paying costs of acquisition and installation of digital terrain
mapping equipment and related facilities, as published in the Waterloo Courier
on February 9, 2007, be received and placed on file. Ayes: Six. Absent:
Getty. Motion carried.
124926 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Gunderson/Welper
that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried.
124927 - Gunderson/Welper
that "Resolution instituting proceedings to take additional action and approving
reallocation of said bonds", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2007-118.
DOCUMENTS
124928 - Greenwood/Schmitt
that communication from Leisure Services Director transmitting Change Order No.
1 for a net increase in the amount of $2,135.00 for work to be performed by
Porter & Porter Construction in conjunction with South Hills Pro Shop Renovation
Project, be received, placed on file and approved and Mayor authorized to
execute same. Ayes: Six. Absent: Getty. Motion carried.
124929 - Greenwood/Schmitt
that communication from Community Planning & Development Director transmitting
an offer -to -buy agreement with Iowa Properties, LLC for the city to purchase 318
East 9th Street for $15,000.00, plus $3,000.00 for closing and incidental costs,
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. 2007-119.
124930 - Greenwood/Schmitt
that communication from Airport Director transmitting agreement with Earth Tech
for engineering services at a cost of $36,900.00 in conjunction with design
phase of Taxiway A rehabilitation project, be received, placed on file and
"Resolution approving said engineering agreement", be adopted and Mayor
authorized to execute same. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2007-120.
124931 - Cole/Greenwood
that communication from Associate Engineer transmitting agreement with Schenk
Engineering Company for engineering services at a maximum amount of $65,210.00,
with city match of $32,605.00, in conjunction with F.Y. 2007 Cyclone Drive/Titan
Trail, Contract No. 727, be received, placed on file and "Resolution approving
said engineering agreement", be adopted and Mayor authorized to execute same.
Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2007-121.
124932 - Cole/Greenwood
that communication from Community Planning & Development Director transmitting
Supplemental Agreement No. 2 for Professional Services with Earth Tech Inc. at a
cost not to exceed $3,000.00 to provide information necessary to release the
western portion of the airport property, be received, placed on file and
"Resolution approving said engineering agreement", be adopted and Mayor and City
Clerk authorized to execute same.•' Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2007-122.
February 19, 2007 Page 3
Documents continued
124933 - Cole/Greenwood
that communication from Senior Planner transmitting request of Gene Storm for
tax exemptions on improvements totaling $148,190.00 for 1022 Short 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: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2007-123.
124934 - Schmitt/Kincaid
that communication from Police Chief transmitting application with Iowa
Department of Justice Attorney General's Office, Crime Victim Assistance
Division grant in the amount of $51,585.00, with city match of $12,896.25, to
fund the Waterloo Police Department Domestic Abuse Response Team program, 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. 2007-124.
124935 - Schmitt/Kincaid
that communication from Senior Planner transmitting. Final Plat of Crossroads
Estates Replat No. 4, together with staff report, final plat, certificate of
survey, deed of dedication and report of the City Engineer, be received, placed
on file and "Resolution approving said Final Plat", be adopted. Ayes: Six.
Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2007-125.
124936 - Schmitt/Kincaid
that communication from Associate Planner transmitting Development Agreement
with R. Keith Stokes to purchase and rehabilitate property located at 526 Denver
Street, be received, placed on file and "Resolution approving said agreement",
be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six.
Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2007-126.
124937 - Schmitt/Kincaid
that communication from Police Chief transmitting Iowa Bomb Squad Task Force
Team 28E Agreement with the State of Iowa, Department of Public Defense,
Homeland Security and Emergency Management Division' to delineate
responsibilities and procedures for development, maintenance, and deployment of
a homeland security emergency response team, 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. 2007-127.
RESOLUTIONS TO BE ADOPTED
124938 - Kincaid/Welper
that "Resolution approving Convention & Visitor's Bureau 2007-2008 hotel/motel
grant recommendations", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2007-128.
124939 - Kincaid/Welper
that "Resolution approving communication from Leisure Services Director
transmitting Leisure Services Commission recommendation of Spring 2007 -Winter
2008 Sports Fees", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2007-129.
February 19, 2007
Resolutions to be Adopted continued
124940 - Kincaid/Welper
Page 4
that "Resolution approving communication from Community Development Director
transmitting request to amend Resolution No. 2005-1020 to reflect that EDI grant
in the amount of $278,348.00 will be used to acquire and demolish the structure
located at 203 Jefferson Street", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2007-130.
124941 - Welper/Schmitt
that "Resolution creating a dog park site at Ansborough Avenue and Hwy 63", be
adopted and communication from Leisure Services Director transmitting
recommendation of the Leisure Services Commission on dog park site, with first
choice is Rooff Park on the east end of Hawthorne Avenue and second choice is
the site near the intersection of Ansborough Avenue and Hwy 63, be received and
placed on file.
Schmitt/Welper
that the correspondence and petitions be received and placed on file. Ayes:
Six. Absent: Getty. Motion carried.
124942 - Prior to a vote on the above resolution, the following comments were heard.
Joe Fox, 919 Lisa Drive and Leisure Services Commission Chairman, gave a summary
of the commission's perspective on this issue. The commission has studied this
issue a long time, they have looked at many sites, and if there is any
conclusion they, have come up with for sure is that there is no perfect site for
a dog park. The commission has tried to come up with the best possible site
based on the public property that is available to them. Having studied these
different sites, going on tours and evaluating them for cost effectiveness,.
size, feasibility, safety, all sorts of criteria over the last few years, it
seems the best opportunities they see are basically centered around the
Ansborough site. The fact that it also affords itself a quicker resolution as
far as becoming a dog park because it does have a parking facility, and it is
easily accessible, it has risen to the top over the last couple years as
possibly the best site. Mr. Fox noted that one of the deterrence for the site
is that, at least from the information that the commission is getting, it may
not be large enough. Everything that the commission talked about to everybody
they have talked to all the information that they have gotten is that it can be
five to ten acres. That would be optimal for the size of town that we have.
The other issue is the potential for flooding. As we know, it is in a water
catch basin, so on a regular basis it is meant to catch extra water, so that
also is an issue. Mr. Fox stated that kind of out of the blue the Rooff Park
came up a few weeks ago when the commission last tabled the Ansborough park.
The commission was approached by the Rooff family telling them that was an area
that maybe could be used for a dogpark. The commission assumed or believed
that there was a consensus of the people who lived there and the family that
maybe that would be an improvement to that location, and that is why the.
commission looked at and why it became a discussion for the commission. Mr. Fox
stated once it became public, a group of citizens objected to that site. They
had a meeting with them last Saturday, and some of them were there voicing their
opinions. Their opinions weren't necessary against the dog park, but they were
more for the fact that they enjoy the Rooff Park site as a people park. They
would like to continue that as a people park. They even have a commitment to
improve it and to help maintain it. Mr. Fox stated so based on that information
and hearing them, there are a couple of other commission members with him, they
believe that Rooff Park is no longer really the best of the two or maybe even
one of the two, so based on that the commission would have to go with the
Ansborough site. Mr. Fox stated that he would also like the council to consider
South Hills for the long term. It has 40 acres, and we could certainly over
time develop eight to ten acres of that and do it right.
Gladys Worthington, 110 Norfork Road, stated her children, husband and herself
have been active in a recent role in Waterloo's effort to gain a dog park. They
were graciously included in the Courier newspaper where they asked for citizens
to e-mail words of encouragement. More that 200 people participated and
provided their words of support though the e-mail effort and then a small
petition effort they did also to learn about the power of petitions. They
intended simply to show city council that there was interest in a dog park and
also their Golden Doodle needed a place to run. They felt location was not a
place for them to decide, but they'would just simply be happy to get a dog park,
which studying the two recommended sites forced them to change their approach.
• •
February 19, 2007 Page 5
Resolutions to be Adopted continued
They visited both sites, they talked about their accessibility and their
hazards, they talked about their advantages and their disadvantages, and even
learned how to calculate acreage size using map and satellite photos from the
internet. After studying these aspects of both locations, they are recommending
to the city council to select the Ansborough site tonight.
Reina Jones, 1145 Newton Street, stated her maiden name is Rooff, her great
grandfather was John Rooff of John Rooff and Sons. He was the man who platted
out the land in Rooff Addition in the Riverview area, even naming James Street
after his brother and Gladys Street after his wife. He chose to raise his
entire family in that area. Former mayor Leo P. Rooff, her grandparents, James,
Pat and Ramona Rooff, as residents of the Riverview area, approached Leonard
Katoski, the Park Commissioner at that time, about a piece of land in the area.
The land was called Riverview Park:by all the local residents. The land was a
dump, a sleuth, an old mill race': Her grandfather wanted a neighborhood park.
He was told that the City of Waterloo had no money for such a project, and if he
wanted a park he would have to build it himself. Ms. Jones stated her family
has invested thousands of dollars in this project, along with several area
residents and business people, such as her father, James Rooff, Jr., Henry Zien,
Ernie Mathias and Vick Fuller, all donating equipment and manpower for this
project, which was no small job. They hauled in thousands of tons of black dirt
to this area, and when they were done her grandfather asked for grass seed from
the City of Waterloo. He was told it was his project, to get his own grass seed
and he did. The City of Waterloo gave them some old park equipment, donated
from another park that was broken. The residents of Riverview wanted this park
named John Rooff Park. Mr. Katoski said over the years many people have donated
money to parks and their names would have to be considered so her dad, James
Rooff, Jr., took up a petition and this park was named John Rooff Park after his
grandfather. Over the years, the Rooff family, along with their close friends
and neighbors of the Riverview area, have approached officials to do things to
better the neighborhood park. Their ideas have always been turned down. They
use this park for several annual and monthly events. Ms. Jones stated she
believes Mr. Joe Fox and Mr. Paul Huting will attest to the fact that they were
misinformed when they were led to believe this park was an abandoned park. They
have formed a committee and are in the process of working with Perry Goodman to
be recognized as a neighborhood association. They have a plan for their park,
some private funding, equipment and manpower are all in place. They are in the
process of compiling tl+ei.r notes 'and plans in a portfolio to present to the
city. They have directly spoken with Paul Huting who said he would work with
them. Ms. Jones stated they are asking the City of Waterloo to please leave
their park to be used as it was intended and built, a people park. Ms. Jones
asked the council to work with them and their neighborhood association, and
together allow them to better their people park. Ms. Jones stated they plan on
approaching the city in June 2007 with that plan.
Candace Tix, 2127 Byron Avenue, rep'orted they were recently informed about the
dog park proposal at John Rooff Park, they heard it through the grape vine and
had to read it in the newspaper because only a couple of people in their area
were advised of it. Mike, one of the guys who was advised, told council and
Leisure Services that he had informed the neighbors, but they did not hear
anything about it until it came out in the newspaper. Ms. Tix stated they have
a different plan for Rooff Park other than a dog park. Its a people park, and
they would like to make a proposal to the City of Waterloo to help them redo
this park, which would include: moving the playground equipment from the James
Street site to the Hawthorne end, adding parking at the Hawthorne Street and
parking adjacent to the Waterloo Trampoline and Tumbling Center, and
restructuring the baseball field and the basketball court. Ms. Tix stated this
would provide what they want as a neighborhood, and it would be more feasible
for the surrounding businesses like the 200 plus kids who attend the Waterloo
Trampoline and Tumbling Center. They: have events there all the time and would
like more parking and it would be an asset for them. Ms. Tix stated, as she
understands, the motorcycle park tis leased by the City of Waterloo, Black Hawk
County or Black Hawk Motorcycles. They could use the playground for their
children when they have events down there. The park has been in the area since
1969, and she believes it was Rooff's intention to keep it for an existing
neighborhood park, and as a reminder of not only his heritage but of the love he
had for the Riverview area. He was a prominent business man in the area. Ms.
Tix stated they have always been a closely knit neighborhood and have had
several Nellie Garvey reunions, and,.there are several members here tonight from
the Riverview Nellie Garvey Reunion Planning Committee, and she asked them to,
stand up. Ms. Tix stated they went to grade school together and formed the
Riverview Nellie Garvey Reunion Committee. Ms. Tix asked council to re-evaluate
this Riverview dog park site and please pick the Ansborough area or some other
area because this people park is the only place they have for their kids and
grandkds.
February 19, 2007
Resolutions to be Adopted continued
Mark Shoars, 206 Hollywood, presented a petition against the construction of a
dog park at the Ansborough/Campbell location. Mr. Shoars stated it floods there
every year. We have been down this road before, three years ago, and nobody is
listening. Alan Kleinendorst and Mrs. Fierden, who also live in the
neighborhood, are a very eloquent and very sophisticated. They went all over,
they went to Iowa City, and Minneapolis. Mr. Shoars stated he thinks it is just
the wrong place to put it when there were two feet of water in that catch basin
this spring. Mr. Shoars stated he has lived there for 30 years, and he thinks
it is the wrong place, and he feels there are better places to put a dog park.
Mr. Shoars noted he is not and his neighborhood is not against a dog park. Mr.
Shoars stated from what he understands Leisure Services has not looked into
this, but he has not been involved.
Page 6
Mark, a resident of 924 Sheffield Avenue, stated he has been a resident of
Riverview for 54 years outside of a little military duty. He submitted photos
with a possible proposal and a overview of what they would like their park to
look like. He also submitted a couple of sheets of names of people in the area
who do not want a dog park in Rooff Park. That park was given to the
neighborhood by Pat Rooff because he was the spearhead, and out of his memory
and out of the memory of John Rooff, a man above men in this community. Mark
said he does not think anything should be done except a peoples park. Mark said
he is not for or against the Ansborough site, but he doesn't feel anybody should
have anything shoved down their throat. Mark asked the council to look a little
farther, a little deeper as there are other areas such as South Hills that looks
excellent. Mark said he was in Cedar Falls today and looked at their park, it's
a nice place. He asked four or five'pebple what they thought of it, they were
there with their animals, there 'seemed to be no confusion. They were supplied
with materials for cleanup, etc. Hesaid he was told the most they ever have
there is 15 to 20 dogs at one time, and if you have a problem dog everybody asks
you to leave. Mark said he does not think John Rooff Park is the right spot,
but he doesn't know if the Ansborough site is right or wrong. Its their
neighborhood and they should have a strong voice in what they would have in
their neighborhood. He has heard the values of property is a major concern for
them along with the flooding and some other things. Mark said he didn't think
this needed to be decided this evening, but that the council would want to look
a little farther, that Mr. Huting would help look a little farther. Everyone
would be willing to look a little farther for something other than saying no to
a dog park but no not in our park. Mark said they fought awfully hard to get it
and they don't want it taken away from them. Its Riverview park that nobody
else wanted, and they would like to make improvements, just give them an
opportunity.
Dr. Larry Reilly, 3145 Tulip Lane, stated he was representing all of the
Waterloo veterinarians. Dr. Reilly stated his partner talked with all the
clinics in the Waterloo area, and they decided given only the two choices of
Rooff Park or the Ansborough site, all the veterinarians were unanimously in
support of the Ansborough site. Dr. Reilly stated if they had a chance to
postpone this, he thinks a much better site would be South Hills where there is
plenty of room. He is not saying. that Ansborough is too small as he doesn't
really think it is too small. It'has been measured and four acres should be
very adequate. There are times;; n' the year that it is going to be wet, but
that's where the veterinarians in this area stand. Dr. Reilly stated they will
tell their clients to take their pets to Cedar Falls if they want to go to a dog
park, if they would have to go to a park that they don't feel is safe or healthy
for their pets.
Colleen Tierney, 1933 Wembley Road, stated she doesn't believe anyone is against
a dog park. There may be some people that choose not to use a dog park, just
like our bike trails, some people don't use our trails. Ms. Tierney stated they
have used the Iowa City park, and they have a smaller dog. She didn't think at
first that would be real safe with a smaller dog being out in a large area.
Iowa City is similar to Waterloo's population. Iowa City has an 11 acre park.
They have about a two acre park for training dogs, and they have about a 1% acre
park divided off in the same area for small dogs. They have about a 7 to 8 acre
wide open area, nice walking trail. Its just a wonderful park, its done right,
and it is actually in a flood plain, and there is no break -away fencing. Ms.
Tierney stated she thinks size matters when it comes to a dog park. She is in
real estate, and she knows that you when have a yard that is fenced in and
somebody has a couple dogs there is not much grass left. Parks are parks
because they get wet or they would have been developed with houses in most
cases. Ms. Tierney stated she thinks we could do better than an adequate site,
she thinks we can do an outstanding site. The city owns lots of land. Ms.
Tierney stated they were given a tour -with the Leisure Services, they were only
given a few choices. Some;of those,.choices were like Hammond Road out by South
Hills park, it's a corn'field, so to develop it would be expensive. There is no
water, no electricity, no parking so she thinks there are better sites.
1 •
February 19, 2007 Page 7
Resolutions to be Adopted continued
The city owns a lot of land, we have wonderful parks that everybody is going to
say not in my backyard. Ms. Tierney stated that 40 acres out by South Hill
would be an outstanding area. Ms. Tierney stated she thinks we need a park,
let's just do it right, lets make the town proud, do one right.
Noel Anderson, 209 Alice Avenue, stated he is a father of five children and a
father of two dogs and lives near the Ansborough site. Mr. Anderson stated that
in his job he works with the public and other communities on a daily basis. The
public input process has its benefits. People living near and around a site
will oftentimes have information that we are not aware of. Working with other
communities for ordinances, a lot of times we find out information from them
because they've dealt with it first hand. We then take the information and try
to make a logical, informed decision. As a public servant for the City of
Waterloo for the last 12 plus years, he has tried to make decisions based on
logic, future growth and planning which is in the best interest of the
community, and that ii why this dog park decision troubles him. We have
citizens stating there is an immediate need for a dog park, but we've really
only been seriously looking at one site. That one site, according to accredited
sources, is too small and it can't get any bigger. It is surrounded by a road
and a levee. The people supporting the dog park, some of them did not even
think of the proper size. They thought this one looked nice, its grassy, it
must be a great place. Mr. Anderson stated they provided them with sources of
information which was provided to the council from national magazines from the
Parks Director's in Iowa City, Cedar Rapids and Des Moines. They have all said
that you need at least 5 acres, the bigger the better. American Planning
Association Magazine says that bigger is better. We pay for expert advise on
parking, downtown development yet we don't want to pay attention to other
communities that have dog parks. Free advice on the matter where everyone has
stated that 5 acres is a minimum or bigger is better. Why would we continue to
have the smallest site as the lead site. Mr. Anderson stated he has heard the
word NIMBY describe the phenomenon in which residents oppose a development as
inappropriate for their local area but by implication do not oppose such
development in another area. This is not about a NIMBY, the Ansborough site is
the wrong site. Its about 3.5 acres if you fence around the tree farm, its 4
acres maximum. It will never get any bigger. Four years ago no one in Waterloo
even talked about a dog park now they are big hit nationwide. That popularity
will only increase, why do we want to put ourselves in a site that can't get any
bigger. Mr. Anderson stated he wrote out some things about why the Rooff Park
site was great, the new trail, Riverview and all that but the people are against
it, and again its not 10 acres which is optimal. Mr. Anderson stated his main
point is the Ansborough site is too small, there is no ability for expansion,
lets do this right the first time and find a site that really works.
Heather Fierden, 154 Hollywood Avenue, stated she is not a negative person, not
a bullying kind of person nor is she someone who behaves as a spoiled child in a
grocery store. Ms. Fierden stated she is a citizen in the City of Waterloo and
really believes in doing what is right, basing decisions on things that make
sense, and research, not just what people might want. Ms. Fierden stated she,
feels if this entire subject had been handled in an appropriate way, a
responsible way from the very beginning the Leisure Service Board would be
bringing a plan. A plan that would not be fraught with all this controversy, a
plan that would be filled with appropriate information not misinformation.
Three years ago the council said no to the Ansborough site, and she is very
curious what new information has been brought to them to tell them that they
were wrong, because she doesn't think they were wrong. Ms. Fierden stated she
is disappointed because of the way this has been handled and also disappointed
in the fact its been indicated that they did not try to find other sites. Ms.
Fierden stated they have looked hard for other sites and have been met with
nothing but excuses of why those sites wouldn't work, because someone has their
eyes on Ansborough and its very disappointing to her. Not only is she upset
about the lack of .information from Leisure Services, but she is also
disappointed in the lack of proactive kind of behavior. Ms. Fierden stated she
has heard Army Corp of Engineers: tossed around a dozen times, but she has never
once seen any concrete informatio'nof what the Army Corp of Engineers has to say
about construction at Ansborough. She contacted them, and she was very
surprised when she asked if they could share their response of what our city's
inquiries were to possible locations and if these sites would even be something
viable to be used. The gentleman, who is an Environmentalist and a Biologist
with the Army, apologized to her as he could not find any information about any
inquires the city had made in regard to dog park locations. Ms. Fierden stated
she doesn't think having a dog park is an issue, she doesn't think people are
against it. She thinks that people are working with two ideas in mind. One
group of people say we want a dog park and we want it now. Another group is
saying we want a dog park but we want people to do it right. Ms. Fierden stated
the council's decision tonight is actually one way for the council to
demonstrate its integrity, do you want it now based on opinions, do you want it
right based on fact, and she really believes its what this council stands for.
February 19, 2007
Resolutions to be Adopted continued
Alan Kleinendorst, 159 Hollywood, stated three years ago he wrote each council
member a personal letter, except for Councilman Getty who was not on the council
at the time,promising that he would.'help find the best location for a dog park
in this city. Mr. Kleinendorst: stated for the past three years he made a
commitment and he has looked at what other cities have done. What he has seen
in these cities has been backed up by the research that Heather Fierden has
done. Mr. Kleinendorst stated he has never seen a dog park built in a catch
basin that holds stagnant water, stagnate not flowing water like Black Hawk
creek. He sees other cities do not build near busy streets because of the
danger to the dogs. They do not build in small areas if at all possible or
close to neighbors. He stated in June 2005, he and Ms. Fierden attended a
meeting of Leisure Service Commission, and someone thought of Bontrager Park as
a possible location for a dog park. They were not there as neighbors against
that park location, but as citizens of the city who had a knowledge of dog parks
and looked at this area as a possible location and knew that it was not a good
site. During discussion he mentioned that from what he had seen cities were
building parks away from the city to keep them away from neighbors and avoiding
conflict. Mr. Huting agreed and said that he just returned from a seminar where
they had said just that. As they were leaving that meeting Mr. Buck asked Mr.
Huting if he had our names and numbers, we seemed to know something about dog
parks and might be helpful in the future and he said yes he had them. Mr.
Kleinendorst stated he knew that Leisure Services knew that building these parks
close to neighbors was not a good idea and created conflict. They knew better
than to build these parks in catch basins where it floods, and they knew they
were not just neighbors of a site but citizens with the knowledge of dog parks.
Mr. Kleinendorst stated they were never contacted again. At the November
Leisure Services Board meeting he was appointed to a committee to look into
possible locations for dog parks in Waterloo. During this search, he believes
there were four better locations found for a dog park other than the Ansborough
or Rooff site. These locations are Kreig School, Hope Martin, South Hills and
Falls Avenue. He believes if the citizens of this city made the commitment and
made the effort any of these areas would be a premiere dog park. All he heard
were excuses as to why they were not feasible. First he heard that Rooff Park
was being considered. There was an article in the Courier entitled, Pet
Project, on February 4 where Mr. Huting is quoted as saying, "Rooff Park is at
the top of the list", and he wondered how that came to be because there had been
no previous discussion of this location at any meeting he had been to. Mr.
Kleinendorst stated he knows the feelings of the people at Rooff Park as twice
he has picked up his newspaper and seen that the city is proposing a dog park in
their area without any notification or discussion on the part of people.
Kyle Fierden, 154 Hollywood Avenue, continued on with Mr. Kleinendorst's
discussion. Tonight a small group of people who have pushed for a dog park in
their area feel that the rights of pet owners and their pets take precedence
over the rights of homeowners. They have done little over the last three months
other than to try to prove that it is okay to build a dog park near homes. The
other four sites have advantages over the Ansborough and Rooff locations. One
thing they all have in common is that none of them have any homes near them
which would create neighborhood conflict now or in the future. Other cities are
not building these parks in residential areas. The only park he has seen next
to homes out of all the parks he visited in the United States is in Cedar Falls,
and he feels that it was`a mistake'on' their part. Three years ago, we talked
about a win-win situation for the city and the pet owners, and he and his
neighbors have tried their best to make that possible. They have not talked
about neighborhood concerns throughout this debate because the components of
Ansborough made it perfectly clear from the beginning they did not care and
would not listen. It may be because of that fact that Leisure Services has now
sent two locations, both with neighborhood concerns. Pat Bowlsby was concerned
at the Leisure Service meeting on Tuesday about the gas coming out of the stand
pipes at Rooff park. She said that it smelled like cow manure. He thought no
that would not be a good thing for a dog park. He knew what stand pipes were
for but other than that he is as ignorant about them as he was about dog parks
three years ago. On Friday afternoon, he went to see the stand pipes at Rooff
Park. He walked around one thinking he would smell something, but there was
nothing. His tracks were the first ones out to any of those pipes. He went to
these pipes on Saturday, Sunday and today and there have yet to be any other
tracks going to them except his. Mr. Fierden asked wouldn't you think that if
people were concerned about this issue that they would go and get whatever
information that they could and see if what they are really believing is true.
Mr. Fierden stated we are all tired of the debate. The people of Waterloo want
a dog park, and if they want one now it has come down to these two locations.
Mr. Fierden quoted Councilwoman Cole as saying three years ago during
deliberations on the Ansborough site, "I'm thinking that this is a great project
but with a mediocre location." With the knowledge we all had at that time he
believes that to be true. But after; three more years of research, he feels it
is less than mediocre, i't is a substandard location for a dog park.
Page 8
• •
February 19, 2007 Page 9
Resolutions to be Adopted continued
Rooff Park is the better choice for three reasons: it is larger, it is not near
a busy street and it is not a catch basin, but he is not supporting either.
When all is said and done here tonight he will walk out of that door with a
clear conscious knowing that he kept his word, knowing that he did his best to
help Waterloo, Iowa find the best location for a dog park for all of the people
of Waterloo, and he did it with honesty, integrity and facts.
Pat Bowlsby, 1179 Ridgemont Road, stated it was probably three months ago that
she was here about a dog park, and since that time she has become extremely -
involved with Leisure Services, and the Leisure Services Board has been
wonderful to them in assisting to find alternative spots for a dog park. They
have looked around a lot, and she thinks that the Ansborough site at this
juncture is the place to put the dog park. Granted there are those who think
that it should be someplace where we have 10 acres, there aren't 10 acres
available. South Hills would be wonderful, but how much money is it going to
take to get South Hills ready to have the dog park there. The advantage of the
Ansborough site is that it would be available now. She thinks that eventually
there should be a dog park: on the eastside. Ms. Bowlsby stated she is tired of
this badgering around about a site when we have a viable site available to us
and she hopes the council will chose to act on it tonight.
Helen Kennedy, 100 Hollywood, stated her property is across the street from the
dog park, and she has a birds -eye view of the place at all times. If she sits
at her kitchen table, she is looking at the parking lot. If she is on the deck,
she sees the parking lot, and that is a very busy place. She noticed in the
summertime there are sunbathers. `hey also have people with their bikes on
their cars, they park their cars and go on the bike trail. Lovers meet down
there, they play touch football down there and twice in the summertime the
parking lot is full. They are running along there and it is controlled, she
thinks it is the Police Department that has some of their people out there
exercising. Ms. Kennedy stated they have lived out there for 60 years. They
have seen a lot of improvements, the Ansborough bridge, then four lanes for
Highway 63, and a traffic light. The longest traffic light in town, but she
loves it because she can cross Ansborough and can go to the left without getting
hit. She has spent most of her life out there and they don't have dogs. She
often wonders on a hot summer day what it is going to smell like. You can
retrieve some things but some things are there forever.
Sue Koontz, 1131 Ridgemont Road, spoke about the issue of size. She researched
dog parks she could find on the Internet. She wanted to remind people that
while 11 acres, 12 acres, 14 acres would be great, at this point that is not the
size of the area that 'we have available to us. To see the difference in dog
park areas across the state, Sioux City is only 5 acres, West Des Moines is only
6 acres. Kansas City, Missouri has two dog parks, one is only 5 acres another
is 2.7 acres. Omaha, Nebraska's dog park is 5 acres. As far as size goes she
believes either the Ansborough or the Rooff location is adequate. The other
thing that hasn't been addressed is exactly what we plan on doing with that dog
park. While a larger size would allow you to segregate small dogs and large
dogs, many of those large size parks also have training courses, agility
courses, things like that. At this point that is not what the plans are for the
Waterloo dog park location at Ansborough. It is simply supposed to be an off-
leash park area, easily adaptable to both a small and a large dog separation.
Ms. Koontz stated at this point if a decision is made she hopes that it is the
Ansborough location.
Noel Anderson stated there seems to be a difference of facts. The West Des
Moines site is 10 acres according to the Superintendent of Parks, the Cedar
Rapids park is 18 acres, and the average dog park size in Iowa is 7 to 8 acres.
Cole/Schmitt
that the oral and written comments be received and placed on file. Ayes: Six.
Absent: Getty. Motion carried.
124943 - Mayor Hurley reminded everyone that the city's role in this right now is
important, but he doesn't want anybody to construe that the city is going to go
out and build a dog park, put up fences and exercise things. There is no money
in the city's budget for that. He thinks everyone understood that three years
ago and its true today. This is about location, and if council takes action on
location tonight then it is up to somebody else to begin fund drives and make
this happen. It is not in the city's budget. Because city land is involved, it
is up to the elected officials to set that policy.
February 19, 2007
Resolutions to be Adopted continued
Councilperson Kincaid stated he visited both of the sites to compare them as to
which one would make the best dog park. Rooff Park has playground equipment, a
baseball diamond, and he was trying to figure out where the children would play
if we had a dog park down there. A dog park would chop it up and there wouldn't
be any area for them to utilize. The Ansborough site has a paved parking lot,
and it wouldn't take as much money to build the park at the Ansborough site as
it would for Rooff Park. That is why he is in favor of the Ansborough/Hwy 63
site.
Page 10
Councilperson Schmitt stated for, three years we have been talking about the dog
park. He has visited every site that has come up and knows most of the council
has visited them. He thinks Ansborough has a lot of positives, and one of them
is that there is a traffic light on Campbell and Ansborough, and a paved parking
lot. Councilperson Schmitt stated three years ago he voted yes for Ansborough
and that has not changed.
Councilperson Cole stated this has been a very interesting debate because what
she has concluded and what her stack of correspondence tells her is that there
is no one in town apparently who doesn't think a dog park is a really great
idea, but nobody wants it anywhere near where they live. Councilperson Cole
stated she has serious reservations about the Rooff Park site. It is built on a
landfill, it has vent stacks, she knows methane gas is odorless, but that site
makes absolutely no sense to her. The Ansborough site is wet, and she concurs
with those who say its not big enough. Her greatest concern about the
Ansborough site is that it is at an intersection where cars go very fast and
trucks go very fast and being the parent of a very independent Labrador
Retriever who sometimes slips out of the car before she grabs the leash, she
thinks how far could she get, she could get across Highway 63. Councilperson
Cole stated she thinks that as a city there are wonderful things happening. She
doesn't want to commit money that is coming, but we will have some resources
coming in the future from the Isle of Capri, and she thinks we could do a heck
of a lot better than either of these sites. Councilperson Cole stated she will
vote no on Ansborough.
Councilperson Greenwood stated he voted no on this the last time. He thinks
everybody wants a dog park. In this city we have world class parks, we have
world class golf courses, and we just stuck a lot of money in our tennis
facilities. Everything we have we do right, and even though this site might be
adequate, he doesn't feel it is the best that we can do. Councilperson
Greenwood stated he gets calls all the time and people stopping and talking
about it, and he knows they want adog park. He just thinks by the time we
commit our limited resources that we have to do this site and something else
comes along, and he thinks of the number of people that would utilize this park.
Look at what our usage is on our trail systems. He thinks its going to be a lot
heavier used. Its going to be a better amenity for the City of Waterloo and he
would almost make a motion to table it and take a look at it. Councilperson
Greenwood stated he is not going to support the Ansborough site.
Councilperson Gunderson stated we have talked about this for three years, and he
has been to every park that has been brought up, and he has been to every
Leisure Services Commission meeting, and there is never a right place for
anything. Everybody is against this for one reason or another. Mr.
Kleinendorst brings up Hope Martin, but they have a water problem. So why bring
that one up, and that was one of the main ones on his list at one time.
Councilperson Gunderson stated he thinks its time to move forward with this and
wants to vote tonight either we are going to have the park here or we are not
going to have a park and lets move on.
Councilperson Welper stated the resolution is asking us to make a choice between
the two and all we are doing is making a recommendation. If Leisure Services
chooses another site, they certainly could. We are only recommending our first
choice would be Ansborough.
Mayor Hurley stated the council sets policy, and this is changing the use of
city land. Leisure Services can advise, but what they have done is put two
properties in front of the council, and they are asking to choose one. Mayor
Hurley stated the world of possibilities tonight is choose Ansborough, choose
Rooff, choose both or choose none.
Councilperson Welper asked so if it turns out to be a no vote on Ansborough then
the issue is dead. Mayor Hurley responded that is the way the motion was made
unless somebody amends the motion.
•
February 19, 2007 Page 11
Resolutions to be Adopted continued
Mayor Hurley stated three years ago a dog park was not on our radar as a body.
It was brought to the city as an issue by those who were interested in it and it
has not quieted for three years and it came back. Mayor Hurley defended the
Leisure Services Commission and Leisure Services Department as he knows they
have worked hard on this. People will have to accept the fact that they may
have more information, better information and more experience in why one site
may be or should be even considered.
Councilperson Cole asked Ms. Eckert to read the motion back.
Nancy Eckert, City Clerk, stated Mr. Welper moved and Mr. Schmitt seconded to
approve the resolution creating a dog park site at Ansborough/Hwy 63 and to
receive and file the recommendation from the Leisure Services Commission.
Councilperson Schmitt said the key word being creating.
Gunderson/Cole call for the question.
A vote was taken on the original motion with the following result. Ayes: Four.
Nays: Greenwood, Cole. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2007-131.
ORDINANCES TO BE ADOPTED
124944 Gunderson/Welper
that "an Ordinance amending the Zoning Ordinance, Ordinance No. 2479, as
amended, as it pertains to Home Occupations, Erection of More Than One Principal
Structure on a Lot, and Enclosure of Existing Open Porch", be.received, placed
on file, considered and passed for the second time. Ayes: Six. Absent:
Getty. Motion carried.
124945 Gunderson/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
124946 - Gunderson/Welper
that "an Ordinance amending the Zoning Ordinance, Ordinance No. 2479, as
amended, as it pertains to Home Occupations, Erection of More Than One Principal
Structure on a Lot, and Enclosure of Existing Open Porch", be considered and
passed for the third time and adopted.) Ayes: Six. Absent: Getty.
Ordinance adopted and upon approval by Mayor assigned No. 4855.
124947 - Kincaid/Welper
that "an
Ordinance
Ordinance amending Ordinance No. 2479, as amended, City Zoning
by adding Subsection No. 388 to Section 2A-5, rezoning Certain
Property on request of VJ Engineering on behalf of Menard Inc to rezone from "R-
2" One & Two Family Residence District and "C-2" Commercial District to "C -P"
Planned Commercial District approximately 36 acres of property generally located
just north of Logan Plaza Shopping Center, going up to Ralston Road and spanning
from Highway 63 to East 4th Street to construct a Menards store and lumber yard
with approximately 214,000 sq. ft.", be received, placed on file, considered and
passed for the second Ayes: Six. Absent: Getty. Motion carried.
124948 Kincaid/Schmitt
time.
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
124949 Kincaid/Schmitt
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 388 to Section 2A-5, Rezoning Certain
Property", be considered and passed for the third time and adopted. Ayes: Six.
Absent: Getty.
Ordinance adopted and upon approval by Mayor assigned No. 4856.
February 19, 2007 Page 12
Ordinances to be Adopted continued
124950 - Cole/Schmitt
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 389 to Section 2A-5, rezoning Certain
Property on request of MKW Apartments LLC to rezone from "R-3" Multiple
Residence District to "R-4" Multiple Residence District approximately 7 acres
generally located along Cataract Avenue and Edgemont Avenue, just south of
Ridgeway Avenue and West High School to allow for construction of an additional
22 -unit apartment building", be received, placed on file, considered and passed
for the second time. Ayes: Six.. jAbsent: Getty. Motion carried.
124951 - Cole/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
124952 - Cole/Schmitt
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 389 to Section 2A-5, Rezoning Certain
Property", be considered and passed for the third time and adopted. Ayes: Six.
Absent: Getty.
Ordinance adopted and upon approval by Mayor assigned No. 4857.
124953 - Schmitt/Kincaid
that the council adjourn to Executive Session at 6:52 p.m. Ayes: Six. Absent:
Getty. Motion carried.
City Attorney Jim Walsh stated that discussion of lawsuit is an approved topic
of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2007).
EXECUTIVE SESSION
124954 - Schmitt/Cole
that the council adjourn Executive Session at 7:08 p.m. Ayes: Six. Absent:
Getty. Motion carried.
ADJOURNMENT
124955 - Cole/Gunderson
that the Council adjourn at 7:08
carried.
p.m.
Ayes: Six. Absent: Getty. Motion
"\\
NancWEckert, CMC
City Clerk