HomeMy WebLinkAboutMinutes-04/21/2008April 21, 2008
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, April 21, 2008. Mayor Timothy J.
Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper,
Reggie Schmitt.
Moment of Silence.
Pledge
of Allegiance: Tom Jennings, Police Chief.
126920 - Reggie Schmitt/Greenwood
126921
that the Agenda, as amended, for the Regular
at 5:30 p.m., be accepted and approved. Ayes:
- Reggie Schmitt/Greenwood
Session on Monday, April 21, 2008,
Seven. Motion carried.
that the Minutes, as proposed, for the Regular
Session on Monday, April 14,
2008, at 5:30 p.m., be accepted and approved. Ayes: Seven.
Councilperson Carolyn Cole read a Proclamation declaring
Women's Equal Pay Day.
Motion carried.
April 22, 2008 as
Mayor Hurley read a Proclamation declaring April 27 - May 4, 2008 as Days of
Remembrance of Victims of the Holocaust.
Mayor Hurley read a Proclamation declaring the week of May 5, 2008 as
Alzheimer's Action and Awareness Week.
CONSENT AGENDA
126922 - Reggie Schmitt/Steve Schmitt
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolutions to approve the following:
1. Resolution approving Schedule AP640, pp. 1-61, dated April 21, 2008, in
the amount of $2,600,021.14, 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. 2008-300.
2. Communication from Police Chief transmitting request of Executive Director
transmitting request to hold My Waterloo Days on May 29 -June 1, 2008, with
most activities to be held in and around Lincoln Park and numerous street
closings, including People in the Park on May 29 and May 30; the Fireworks
on May 30; the Parade, Children's bike races, and 5K run on May 31; and
the Lincoln Park Kid's Zone on June 1, 2008.
Resolution adopted and upon approval by Mayor assigned No. 2008-301.
b. Motion to approve the following:
1. Tony McGrane, Fire Lieutenant; and Josh Heller, Firefighter; to attend MSA
C.A.R.E. Training in Butler, Wisconsin on April 23-24, 2008, with costs
not to exceed $1,163.00, including use of city vehicle.
2. Kye Richter, Police Officer, to attend Firearms Instructor School in
Johnston, Iowa on May 19-30, 2008, with costs not to exceed $831.00,
including use of city vehicle.
3. Louis Cutwright, Building Official/Maintenance Administrator, to attend
National ADA Symposium in St. Louis, Missouri on May 11-14, 2008, with
costs not to exceed $1,664.00.
4. Tim Hurley, Mayor, to attend Iowa Great Places Committee and Iowa League
of Cities Executive Committee meetings in Des Moines, Iowa on April 16-17,
2008, with costs not to exceed $200.00.
5. Nancy Eckert, City Clerk, to attend Iowa Municipal Professionals Institute
in Ames, Iowa on July 23-25, 2008, with costs not to exceed $694.00.
April 21, 2008 Page 2
Consent Agenda continued
6. Pat Treloar, Fire Captain, to attend training on turnout gear in Montreal,
Quebec, Canada on May 4-7, 2008, with costs not to exceed $1,750.00.
c. Beer License Permit Application
Class C
Michoacana Meat Market, 1215 Franklin Street (New) (Expires 4/27/09)
(Includes Sunday Sales)
CVS/Pharmacy, 2068 Logan Avenue (Renewal) (Expires 5/31/09) (Includes Sunday
Sales)
CVS/Pharmacy, 2060 Crossroads (Renewal) (Expires 5/31/09) (Includes Sunday
Sales)
d.
Beer/Liquor License Permit Application
Class C
Hickory House, 315 Park Road (Renewal) (Expires
Diamond Daves Crossroads, 124 Crossroads
5/14/09) (Includes Sunday Sales)
Applebee's Neighborhood Grill & Bar, 2780
(Expires 6/23/09) (Includes Sunday Sales)
Jet Lounge, 451-453 W. Parker Street (Renewal)
Sunday Sales)
5/23/09)
Boulevard
Crossroads
(Renewal)
Boulevard
(Expires 4/14/09)
(Expires
(Renewal)
(Includes
e. Liquor License Permit Application
Class E
CVS/Pharmacy, 2068 Logan Avenue (Renewal) (Expires 5/31/09) (Includes Sunday
Sales)
CVS/Pharmacy, 2060 Crossroads (Renewal) (Expires 5/31/09) (Includes Sunday
Sales)
f. Wine License Permit Application
Class B
CVS/Pharmacy, 2068 Logan Avenue (Renewal) (Expires
Sales)
CVS/Pharmacy, 2060 Crossroads (Renewal) (Expires
Sales)
g. Liquor License Permit Application
Class A
Amvets Home, Inc., 32 Lafayette Road
Sunday Sales)
h. Outdoor Service Area Application
Jet Lounge, 451-453 W. Parker Street
Amvets Home, Inc., 32 Lafayette Road
(Renewal)
i. Cigarette/Tobacco Permit Application
La Chiquita Mexican Store, 301 East 4th Street
j. Bonds.
Ayes: Seven. Motion carried.
HEARINGS & BIDS
126923 - Getty/Hart
5/31/09)
5/31/09)
(Expires
(Includes Sunday
(Includes Sunday
5/13/09) (Includes
that proof of publication of notice of public hearing on 2008 Right of Way
Mowing, as published in the Waterloo Courier on April 11, 2008, be received and
placed on file. Ayes: Seven. Motion carried.
126924 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Hart
that the hearing be closed. Ayes: Seven. Motion carried.
126925 - Getty/Hart
that "Resolution confirming approval of bid documents, specifications, etc. in
conjunction with 2008 Right of Way Mowing", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-302.
• •
•
April 21, 2008
Hearings & Bids continued
Page 3
126926 - Getty/Hart
that "Resolution authorizing to proceed in conjunction with above project", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-303.
126927 - Getty/Hart
to receive, file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Bidder
B & B Lawn Care
Waterloo, IA
Professional Lawn Care
Waterloo, IA
Bid Bid Bid Bid Bid Bid
Bond Option A Option B Option C Option D Option E
$3,000.00 $46.48
$3,000.00 $49.25
Ayes: Seven. Motion carried.
HEARINGS
126928 - Hart/Reggie Schmitt
$46.48 $37.24
$49.25 $39.95
$48.00 $65.00
that proof of publication of notice of public hearing on FY2009 Waterloo/Cedar
Falls HOME Consortium Consolidated Plan - Community Development Block Grant and
HOME Program Funds, as published in the Waterloo Courier on April 11, 2008, be
received and placed on file. Ayes: Seven. Motion carried.
126929 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Reggie Schmitt
that the hearing be closed. Ayes: Seven. Motion carried.
126930 - Hart/Reggie Schmitt
that "Resolution approving said plan in conjunction with FY2009 Waterloo/Cedar
Falls HOME Consortium Consolidated Plan - Community Development Block Grant and
HOME Program Funds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-304.
DOCUMENTS
126931 - Reggie Schmitt/Greenwood
that communications from Building Official/Maintenance Administrator
transmitting Change Order Number 002 for a net increase in the amount of $960.00
and Change Order Number 003 for a net increase in the amount of $1,653.91 for
work performed by Failor Hurley Construction of Hudson, Iowa in conjunction with
2007 Window Replacement at Waterloo Public Library, be received, placed on file
and approved and Mayor authorized to execute same. Ayes: Seven.
126932 - Reggie Schmitt/Greenwood
that communication from City Planner transmitting lease agreement with Rousselow
Brothers Farms, Inc. for $3,410.00 to farm approximately 31 acres of land
generally located north of West Ridgeway Avenue, west of Martin Road, directly
adjacent to Denso International, 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.
April 21, 2008
Documents continued
Noel Anderson, Community Planning & Development Director, explained that the
agreement is a renewal, and that this property is in the flood plain. The city
will be reevaluating and looking at fair market value for all our properties.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Page 4
Resolution adopted and upon approval by Mayor assigned No. 2008-305.
126933 - Reggie Schmitt/Greenwood
that communication from Police Chief transmitting service agreement with U.S.
Cellular Corporation at a cost of $30 per phone per month, be received, placed
on file and "Resolution approving said agreement", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Hart asked if the cell phone services could be combined so that we
would receive the low cost on all cell phones.
Tom Jennings, Police Chief, responded that the Police Department currently has
U.S. Cellular for their cell phones and have for the past two years. The phones
are used by the Police Department and the Tri -County Task Force in Black Hawk
and Bremer counties, and they don't receive as good as coverage from other cell
phone companies.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-306.
126934 - Reggie Schmitt/Greenwood
that communication from City Clerk transmitting service agreement with
Sprint/Nextel at a cost of $24.75 per phone per month, be received, placed on
file and "Resolution approving said agreement", be adopted and Mayor authorized
to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-307.
126935 - Reggie Schmitt/Greenwood
that communication from Associate Engineer transmitting Notice of Intent for
NPDES Coverage Under General Renewal of NPDES Permit with Iowa Department of
Natural Resources in conjunction with F.Y. 2007 MidPort Boulevard Extension,
Contract No. 717, be received, placed on file and "Resolution approving said
notice of intent", be adopted and Mayor and City Clerk authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-308.
126936 - Reggie Schmitt/Greenwood
that communication from Police Chief transmitting agreement with Advanced
Computer Engineering Solutions at a cost of $14,878.72 to demonstrate proof of
concept of serving applications hosted from the Police Department to users at
home as well as patrol cars, be received, placed on file and "Resolution
approving said agreement", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-309.
Mayor Hurley noted that Ryan Madison registered to speak under the consent
agenda and was overlooked so he will allow him to speak now.
Ryan Madison, 650 Dawson Street, commented that he does not feel it is necessary
to approve a liquor license for the Michoacana Meat Market, 1215 Franklin
Street, as it seems to him our liquor license process is lax in allowing every
Tom, Dick and Harry, and there are already three liquor stores in the area.
Mr. Madison commented that he is trying to reach out to the My Waterloo Days to
hold events in Gates Park as he would like some entertainment for folks unable
to come across town.
Mayor Hurley responded that the My Waterloo Days is not a city event, and Mr.
Madison should contact Jay Stoddard.
• •
• •
April 21, 2008
Documents continued
Jim Walsh, City Attorney, explained that beer and liquor licenses are regulated
by the state. The city looks at the proper zoning, and we have input on the
conduct at the establishment.
Page 5
126937 - Greenwood/Steve Schmitt
that communication from Director of Waterloo Housing Authority transmitting Real
Estate Purchase Agreement with Wiley Young Lodge, III and Alfreda Lodge to
purchase three lots on Oneida for a total of $15,000.00 to use to build single-
family homes, be received, placed on file and "Resolution approving said
agreement", be adopted subject to approval by Waterloo Housing Authority Board
and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-310.
126938 - Welper/Steve Schmitt
that communication from Superintendent of Traffic Operations transmitting
application with Iowa Department of Transportation for Traffic Safety Funds
grant in the amount of $131,000.00, with no required city match, to be used for
US 218/Washington Street and Williston Avenue/West 18`h Street, be received,
placed on file and "Resolution approving said application", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-311.
126939 - Welper/Steve Schmitt
that communication from Fire Chief transmitting 28E Agreement with City of Elk
Run Heights to provide fire and emergency medical response, be received, placed
on file and "Resolution approving said agreement", be adopted and Mayor and City
Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-312.
126940 - Welper/Steve Schmitt
that communication from Leisure Services Director transmitting Contract in the
amount of $30,078.00 with Century Fence Company of Waukesha, Wisconsin in
conjunction with 2008 Cedar River/Exchange Sports Complex Project, be received,
placed on file and "Resolution approving said contract", be adopted and Mayor
and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-313.
RESOLUTIONS TO BE ADOPTED
126941 - Welper/Steve Schmitt
that "Resolution accepting and approving acquisition of property generally
located at 123 Argyle Street, as granted by court order pursuant to Section 657A
of the Iowa Code", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-314.
126942 - Welper/Steve Schmitt
that "Resolution accepting and approving acquisition of property generally
located at 120 Argyle Street, as granted by court order pursuant to Section 657A
of the Iowa Code", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-315.
126943 - Cole/Reggie Schmitt
that "Resolution electing classifications and procedures for proposed bond
projects listed in the Requested G.O. Bonds F.Y. 2009 Summary", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-316.
April 21, 2008
Resolutions to be Adopted continued
126944 - Cole/Reggie Schmitt
Page 6
that "Resolution fixing date of hearing as May 5, 2008 at 5:30 p.m. in the City
Hall Council Chambers on the issuance of not to exceed $4,075,000 General
Obligation Bonds for Essential Corporate Purposes to pay costs of acquisition,
construction and improvement of real and personal property useful for the
protection of property from floods or high waters, including flood control,
storm water and drainage improvements; construction, reconstruction and
repairing of street, sidewalk and intersection improvements; the repair and
inspection of bridges; acquisition, construction and installation of storm sewer
and sanitary sewer improvements, including lift station and interceptor
improvements; acquisition of vehicles and capital equipment for Police, Fire
Rescue and Street Departments; rehabilitation and improvement of city parks and
acquisition, repair and replacement of park facilities including bikeway
development, sports facilities, boating center and tennis court improvements and
acquisition of off-road maintenance equipment; acquisition, improvement and
installation of traffic control devices, signage, fixtures and equipment,
including traffic signal and street light improvements; acquisition and
improving of automated GIS/GPS mapping system", be adopted and City Clerk
instructed to publish notice of same.
Prior to a vote on the above motion, the following comments were heard.
Michelle Weidner, Chief Financial Officer, explained that the bonding attorney
determines which project fits into what category. Ms. Weidner explained the
difference between general corporate purpose and essential corporate purpose.
Ms. Weidner noted that the city is limited to issuance of general corporate
purpose bonds of $700,000.00 without a public referendum. Ms. Weidner explained
that the total issuance is for $9 million, and that the resolutions authorize
the city to proceed but the city won't have the bond sale until June. These
bonds listed for 09 are for projects that departments intend to work on in 2009.
Ms. Weidner noted that $120,000 is for ongoing items and $300,000.00 is for
structural items such as mechanicals for the Center For The Arts and the Youth
Pavilion to make them more efficient.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-317.
126945 - Cole/Reggie Schmitt
that "Resolution fixing date of hearing as May 5, 2008 at 5:30 p.m. in the City
Hall Council Chambers on issuance of not to exceed $3,090,000 General Obligation
Bonds for Essential Corporate Purposes to pay cost of aiding in the planning,
undertaking and carrying out of urban renewal project activities and Urban
Renewal Plans for the San Marnan Urban Renewal Area, the Logan Tax Increment
Redevelopment Area, the Rath Tax Increment Redevelopment Area, the Martin Road
District, and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment
Area, including downtown master plan development, property acquisitions,
demolition and clearance for public and private redevelopment, incentive
payments relating to acquisition and private redevelopment of properties within
such areas; the construction, repair and improvement of East Park Avenue and
Commercial Street Parking Ramp facilities; and the repair and renovation of the
Public Market buildings", be adopted and City Clerk instructed to publish notice
of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-318.
126946 Cole/Reggie Schmitt
that "Resolution fixing date of hearing as May 5, 2008 at 5:30 p.m. in the City
Hall Council Chambers on issuance of not to exceed $690,000 General Obligation
Bonds for General Corporate Purposes to pay costs of reconstruction, renovation
and improvement of Riverfront Stadium, Young Arena, the Center For The Arts and
Youth Pavilion", be adopted and City Clerk instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-319.
• •
• •
April 21, 2008
Resolutions to be Adopted continued
Page 7
126947 - Cole/Reggie Schmitt
that "Resolution fixing date of hearing as May 5, 2008 at 5:30 p.m. in the City
Hall Council Chambers on issuance of not to exceed $600,000 General Obligation
Bonds for General Corporate Purposes to pay costs of acquisition of equipment,
computer and other technology upgrades, office equipment and vehicles for
various city departments, operations and buildings; and reconstruction and
improvement of golf courses and acquisition of maintenance equipment for same",
be adopted and City Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-320.
126948 - Cole/Reggie Schmitt
that "Resolution fixing date of hearing as May 5, 2008 at 5:30 p.m. in the City
Hall Council Chambers on issuance of not to exceed $585,000 General Obligation
Bonds for General Corporate Purposes to pay costs of reconstruction, remodeling,
improvement and repairing of various city buildings and facilities, including
Five Sullivan Brothers Convention Center, Central Garage, Fire Stations, Public
Library and swimming pools", be adopted and City Clerk instructed to publish
notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-321.
ORDINANCES TO BE ADOPTED
126949 - Reggie Schmitt/Cole
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa by repealing Section 5-1B-4, Dangerous Dogs Prohibited; and enacting in
lieu thereof new Section 5-1B-4, Dangerous Dogs Prohibited; amending Subsection
(B), Registration Requirement and Penalty for Failure to Register, and
Subsection (L), Dangerous Dog Finding, of Section 5-1B-7, Registration of
Potentially Dangerous Dogs; and adding new Subsection (M), Dog Found Dangerous
By Another Jurisdiction and new Subsection (N), Appeal Procedure, of Section 5-
1B-7, Registration of Potentially Dangerous Dogs (adding administrative penalty
and increased registration fee for failure to register or appeal, provisions for
failure to appeal and a dog found dangerous in another jurisdiction
automatically deemed dangerous in Waterloo)", 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 Reggie Schmitt explained that the changes are being made at the
request of animal control and Sandie Greco. All relate to incidents that are
not covered under the current ordinance.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
126950 - Reggie Schmitt/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
126951 - Reggie Schmitt/Cole
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa by repealing Section 5-1B-4, Dangerous Dogs Prohibited; and enacting in
lieu thereof new Section 5-1B-4, Dangerous Dogs Prohibited; amending Subsection
(B), Registration Requirement and Penalty for Failure to Register, and
Subsection (L), Dangerous Dog Finding, of Section 5-18-7, Registration of
Potentially Dangerous Dogs; and adding new Subsection (M), Dog Found Dangerous
By Another Jurisdiction and new Subsection (N), Appeal Procedure, of Section 5-
1B-7, Registration of Potentially Dangerous Dogs (adding administrative penalty
and increased registration fee for failure to register or appeal, provisions for
failure to appeal and a dog found dangerous in another jurisdiction
automatically deemed dangerous in Waterloo)", be considered and passed for the
second and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4904.
April 21, 2008
Ordinances to be Adopted continued
Page 8
126952 - Getty/Hart
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa by repealing Section 7-5B-5, Notice to Property Owners and enacting in lieu
thereof new Section 7-5B-5, Notice to Property Owners; repealing Section 7-5B-6,
Payment, Assessment of Costs, and enacting in lieu thereof new Section 7-5B-6,
Payment, Assessment of Costs, Appeal (assessing $100 administrative fee for more
than one notice per calendar year, administrative fee of $100 for second
abatement and $300 administrative fee for each and every subsequent abatement)",
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 Steve Schmitt inquired in the event of appeal when the person is
successful in the appeal, does that person still have to pay the fee. Mayor
Hurley explained that at the time of the appeal the council can waive that fee.
Jim Walsh, City Attorney, commented that if a person appeals and is successful
and there is no violation, they would get the administration fee and fine
returned to them.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
126953 Getty/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
126954 - Getty/Reggie Schmitt
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa by repealing Section 7-5B-5, Notice to Property Owners and enacting in lieu
thereof new Section 7-5B-5, Notice to Property Owners; repealing Section 7-5B-6,
Payment, Assessment of Costs, and enacting in lieu thereof new Section 7-5B-6,
Payment, Assessment of Costs, Appeal (assessing $100 administrative fee for more
than one notice per calendar year, administrative fee of $100 for second
abatement and $300 administrative fee for each and every subsequent abatement)",
be considered and passed for the second and third times and adopted. Ayes:
Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4905.
126955 - Greenwood/Steve Schmitt
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa by repealing Section 5-1-2, Swine Prohibited; Exceptions, and enacting in
lieu thereof new Section 5-1-2, Swine Prohibited, Exceptions (allowing two
potbellied pigs at a residence)", 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 Welper noted that after reading the information in the packet
regarding the potbellied pigs, you wonder why anyone would want these animals.
Councilperson Welper commented he thinks we are going to let the pigs stay with
the farmers.
Councilperson Cole noted that the article in "Pigs4Ever" explains that
uncastrated males may become aggressive, they have a bore odor when sexually
mature and are not very trainable. Councilperson Cole commented that allowing
swine in the city disproportionately affects those who live in older sections of
the city because they don't have highly restrictive deed covenants and many
don't have fences. Councilperson Cole commented that she is appalled that this
would come before the council and urged her colleagues to make it go away.
Lawrence Reilly, 3257 West 4`h Street, commented that he has practiced as a
veterinarian for 34 years and has had a number of pigs as patients. The pigs
are seen at a young age, neutered or spayed and then they put rings in their
nose to stop them from rooting. Dr. Reilly commented that the pigs are very
clean, affectionate, no disease problems, are extremely trainable and are great
pets. The pigs don't make noises or bark like dogs, and he has never heard
where a potbellied pig was turned in as a nuisance.
Councilperson Greenwood suggested that language be added to the ordinance
requiring the potbellied pigs to be neutered or spayed.
• •
April 21, 2008
Ordinances to be Adopted continued
Councilperson Hart agreed with Councilperson Welper that he doesn't know why
someone would keep a potbellied pig as a pet. Councilperson Hart commented that
he did take it seriously in looking at this ordinance, and that there are
different strokes, for different folks.
Page 9
Councilperson Steve Schmitt commented that he talked with a couple of
veterinarians and heard similar comments that potbellied pigs can be trained as
well as a dog, and that potbellied pigs don't have dander so people with
allergies could have one as a pet.
Councilperson Cole commented that she thinks miniature horses are really cute
and they are smaller than some breeds of dogs, why not add those to the
ordinance or even chickens. If you live in the city, you accept that you can't
have a cow. Councilperson commented talk about lowering property values.
Councilperson Reggie Schmitt commented that there are currently potbellied pigs
in the city, and two were turned into animal control. Animal control said one
of them was very smart, asked to go outside, the other was a pig.
Greenwood/Steve Schmitt
that the above motion be amended to require potbellied pigs be neutered or
spayed.
Following comments a vote was taken on the original motion with the amendment
with the following result. Ayes: Three. Nays: Cole, Getty, Hart, Welper.
Motion failed.
NEW BUSINESS
126956 - Steve Schmitt/Welper
to instruct Leisure Services Director to prepare plans, specifications, form of
contract, etc. in conjunction with 2008 Riverfront Stadium Kitchen Hood and
Exhaust Fan Renovation, be received, placed on file and approved. Ayes: Seven.
Motion carried.
126957 - Steve Schmitt/Welper
that plans, specifications, form of contract, etc. in conjunction with 2008
Riverfront Stadium Kitchen Hood and Exhaust Fan Renovation, be received and
placed on file. Ayes: Seven. Motion carried.
126958 - Steve Schmitt/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-322.
126959 - Steve Schmitt/Welper
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as May 12, 2008, at 5:30 p.m. in the City Hall Council Chambers
and taking of bids on the above described project", be adopted and City Clerk
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-323.
ORAL PRESENTATIONS
126960 - Ryan Madison, 650 Dawson Street, suggested that college students be used during
the construction season. Mr. Madison commented that he thinks the city should
allow citizens to be trained on inspection of landlords and to be able to write
fines to the landlords. Mr. Madison asked the council to urge My Waterloo Days
to ban Bret Michaels from performing at Young Arena. Michaels is featured on
the "Rock of Love with Bret Michaels" show, and he has women do explicit things
for love. Mr. Madison noted that they have packed the council chambers tonight,
and they are unified and if issues are not resolved they will be back.
Councilperson Hart noted that he received two calls about the Bret Michaels
show, which is on VH1, so he watched the show and the statements from Mr.
Madison are true.
April 21, 2008
Oral Presentations continued
Mayor Hurley commented he will contact Jay Stoddard, the My Waterloo Director,
with Mr. Madison's concerns.
Page 10
Yvette Santroy, Youth Relations Chair of Shout Ministries, wanted to let
everyone know they are doing all they can to make sure the eastside's abandoned
buildings are taken care of. Ms. Santroy explained that Shout Ministries is
going to have a 5K walk/run on June 7, and some of the proceeds from this event
will be given to a local ministry that buys and fixes abandoned houses. She
asked for the council's support as council members and as community members to
address abandoned buildings on the eastside. She noted that these issue need to
be settled, and that it needs to be a collaborated effort.
Mayor Hurley commented that a lot of work still needs to be done, but on
tonight's agenda two of these buildings were acquired by the city and the
council gave approval to Waterloo Housing Authority to construct two homes.
Mayor Hurley noted that some time in May he would like to have a bus tour of the
eastside, and that he is putting together with the Planning Department and UNI a
much more concise housing task force that will deal with apartments, tearing
down houses, and encouraging tract houses. Mayor Hurley commented that the city
has done a number of things very well working through Community Development
Block Grant funds and the Waterloo Housing Authority Section 8.
Councilperson Hart thanked the representative from Shout Ministries and Ryan
Madison for pursuing these issues so that they stay in our minds.
Mayor Hurley commented that we need everybody's help, and he acknowledged there
are things to be done. Mayor Hurley commented that we keep hearing that nothing
is being done on the eastside and that is not true, the city has done a lot.
Councilperson Reggie Schmitt explained that the city has taken down 41 houses in
the past 23 months, 6 more on contract, another 12 in various stages, the two
properties the city acquired tonight, with another one to come before council
next week. Councilperson Reggie Schmitt noted that Section 657A of the Iowa
Code gives the city another option to get clear title.
Yvette Santroy commented that she understands the city has done things to
address issues, it just seems they are not done in a timely manner. She
currently reigns as Ms. Black Iowa, is 23 years old and lived here all her life
and has seen the same abandoned buildings.
Mayor Hurley commented that he had no idea the number of steps you have to go
through to legally acquire these properties and not end up in a law suit.
Laurie Kendrick, 826 Dawson, commented that on April 13 a Pitbull attacked a
German Shepard, and the dog was deemed dangerous and euthanized, but the owner
of that dog has puppies for sale right now. Ms. Kendrick stated she is more
concerned about aggressive pitbulls than potbellied pigs. She would hate to see
it escalate to a disfigured child because the council failed to acknowledge the
seriousness. Ms. Kendrick commented the problem is not with the animal but the
owners, and the council needs to put some thoughts and research into her
concerns.
Mayor Hurley responded that the council, animal control, Sandie Greco and the
city attorney have spent hundreds of hours on these ordinance, and we do not
take them lightly. We now have a better and stronger ordinance.
Councilperson Getty noted that Ms. Kendrick called him last week regarding
pitbulls. Some people have pitbulls that are nice and gentle. A lot of time it
has to do with the owners. Councilperson Getty commented there is a problem,
but he doesn't know what the council can do with the human factor.
Ms. Kendrick explained an incident that happened to her and her son. She had to
leave here wheelchair and crawl up the stairs because the pitbull was outside.
Its a constant threat and concern.
Thomas Huff, 707 Hall Avenue, spoke on behalf of Phyllis Morgan, who lives 4621
Newell Street, is handicapped and couldn't be here tonight. Ms. Morgan pointed
out the area to him that is clearly in the flood plan and showed him a 1993
photo album. They believe the railroad berm would act as a dike. Before the
council votes, she would like the mayor and council to visit her property. The
water table is only about 20 feet. Mr. Huff noted that Mr. Bell stated many
times they were going to build even if he didn't sell.
• •
April 21, 2008
Oral Presentations continued
Cindy Starks, 700
smaller animals,
requiring muzzles
responsibility to
Page 11
Campbell Avenue, commented that pitbulls are known to go after
and she suggested that language be added to the ordinance
Ms. Starks commented that she feels it is the owner's
take care of the dog's conduct.
Earl Jacobsen spoke about the water problem at the corner of 1299 Westland, and
that this area has had a water problem for at least 42 years. Every time it
rains they bring out the trailer with a pump. Last Friday they brought out the
pump, and he calculated they pumped over % million gallons in 12 hours, and he
thinks they need to do something more permanent. The field tiles from Millers
Farm was put into the sanitary sewer, and his neighbor gets so much pressure if
the flapper opens up it would flood the basement. Just putting a line across an
empty field is not too much to ask. There is going to be a storm where the
electricity goes off and the sump pumps don't work and they will have a problem
with the water.
Jo Martin, 525 Sheridan, spoke in opposition to allowing a 750 -megawatt coal-
fired plant to be built. Ms. Martin submitted a copy of the study commissioned
by the Black Hawk County Health Department and prepared by Dr. William Stigliani
of the University of Northern Iowa. Ms. Martin commented about the diseases
that she believes would be triggered by a coal-fired power plan, and spoke about
the particulates produced. A copy of Ms. Martin's letter is on file in the City
Clerk's office.
Garland McDonald, 5010 William Drive, commented that the Department of Health
has said these are real health hazards, and that there should be a moratorium on
these plants. The latest medical concerns are lack of specialist physicians
such as pediatricians in the state of Iowa, and he asked who will care for these
children. Having a coal-fired plant seems to go against our goals of safe and
well-maintained neighborhoods.
Peggy McDonald, 5010 William Drive, commented that with all the information that
has been presented to the council, she can't figure out why council would still
feel a coal-fired plant would be positive for our community. Studies show death
to fetuses who are impacted from mercury in the water from the coal. It will
take 28 minutes for 120 cars to get to the city from the plant, and she hopes no
one needs to get to the hospital. Ms. McDonald commented that it is important
for the council to realize that money is not everything. If the plant comes, is
100 jobs better than 5,000 jobs because is John Deere, who is an excellent
company or even Tyson, going to want to stay because they are located right in
the middle.
Jeri Thornsberry, 704 Sheridan Road, spoke in opposition to the annexation and
rezoning request that the council will hold a hearing next week to allow the
building of a coal -burning merchant power plant. Ms. Thornsberry commented that
the plant does not align with the city's vision or the goals of the taxpayer
funded Greater Cedar Valley Alliance. Ms. Thornsberry spoke about the
particulates and the diseases she believes are caused by the particulates and
the costs associated with the emissions of mercury, arsenic, nitrous dioxide,
sulfur dioxide, carbon dioxide and fine particulate matter. Ms. Thornsberry
feels our quality of life depends upon the quality of our air and is concerned
that young families may not want to relocate here, that future business
expansions could be curtailed, the reductions in Federal Transportation Funding
and Black Grant monies. A copy of Ms. Thornsberry's letter is on file in the
City Clerk's office.
Getty/Reggie Schmitt
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
126961 - Welper/Steve Schmitt
that the Council adjourn at 7:14 p.m. Ayes: Seven. Motion carried.
Nancy Eckert, CMC
City Clerk