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HomeMy WebLinkAboutMinutes-02/25/2008• • February 25, 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, February 25, 2008. Mayor Pro Tem Reggie Schmitt in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Jim Walsh, City Attorney. 126664 - Welper/Steve Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 25, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 126665 Welper/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 18, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 126666 - Welper/Steve Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP640, pp. 1-43, dated February 25, 2008, in the amount of $651,489.49, 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 Pro Tem assigned No. 2008- 144. b. Motion -to approve the following: 1. Communication from Building Official/Maintenance Administrator transmitting recommendation of appointment of Joel Shepard to the position of Assistant Maintenance Mechanic, effective February 26, 2008. 2. Communication from Mayor Tim Hurley transmitting recommendation of reappointment of Dave Buck and Christine Handfelt to the Leisure Services Commission, with term expiration date of March 1, 2011; and appointment of Sharon Samec, with term expiration date of March 1, 2011. c. Beer/Liquor Class C Blue River, Sales) Sapphire's 2/13/09) d. Bonds. Permit Application 315 West 4th Street (Renewal) (Expires 2/14/09) (Includes Sunday Gentlemen's Club, 301 West 4th Street (New Owners) (Expires (Includes Sunday Sales) Ayes: Seven. Motion carried. UNFINISHED BUSINESS 126667 - Hart/Cole that communication from Superintendent of Traffic Operations transmitting recommendation of award of contract in the amount of $19,061.12 from 3E Company in conjunction with Purchase of Traffic Mast and Poles, West 9th Street & Ridgeway Avenue, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-145. February 25, 2008 DOCUMENTS 126668 - Cole/Getty Page 2 that communication from Senior Planner transmitting Final Plat of Tower Park No. 4, together with staff report, aerial photo, deed of dedication and report of the City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-146. 126669 - Cole/Getty that communication from Senior Planner transmitting request of Champion Motors for tax exemption on improvements totaling $154,828.00 for property located at 1825 Jefferson Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-147. 126670 - Cole/Getty that communication from Community Planning and Development Director transmitting Property Access Agreement for property generally located at the southeast corner of East 8th Street and Franklin Street for environmental site assessment as part of the Brownfields Redevelopment Program in the downtown, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-148. 126671 - Getty/Cole that communication from Associate Engineer transmitting request from Earth Tech, Inc. to release $17,700.00 contingency to cover additional tasks, activities and meetings in conjunction with U.S. Highway 63 Improvements (U.S. Hwy 218 to Donald St.), NHSX-63-6(69)-07, be received, placed on file and "Resolution approving said request", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-149. 126672 - Getty/Cole that communication from City Planner transmitting Development Agreement with Robert K. and Kaye M. Huff (Action Garage) for construction of 6,200 square foot building at 3328 Wagner Road, just north of Airline Highway, with new added taxable value of $183,200.00 and tax rebatements for five years at 50 percent, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-150. 126673 - Getty/Cole that communication from City Planner transmitting Change Order No. 2 for a net increase in the amount of $16,425.00 for work to be performed by D.W. Zinser Company of Walford, Iowa in conjunction with Phase I Demolition- Former Chamberlain Manufacturing Property, 550 Esther Street, Contract No. 741, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 126674 - Steve Schmitt/Welper that "Resolution rescinding Resolution No. 2007-1047 in its entirety due to error in legal description and adopting a new resolution approving encroachment agreement with Club House Iowa, LLC to allow three private light poles to be located at 2010 Sears Street to encroach 1.5 feet into the right-of-way of Crossroads Boulevard", be adopted. • • February 25, 2008 Page 3 Resolutions to be Adopted continued Prior to a vote on the above motion, the following comments were heard. Councilperson Hart noted as a clarification from the original Planning and Zoning meeting, there was an error with the legal description on the plat that was provided and used for the resolution. Aric Schroeder, Senior Planner, explained that the applicant's engineers submitted a plat and legal description for the encroachment agreements. There were two separate encroachment agreements, one for the light poles and one for the sign. The legal description for the sign was fine, but in the legal description for the three light poles the word west should have been east. The abstract company caught the error, and it was considered a significant enough deviation in what the legal description intended to be that the resolution needed to be rescinded and redone. Mayor Pro Tem Reggie Schmitt noted that council is rescinding the previous resolution in its entirety, but all the conditions are the same. If these light poles need to be moved, they will be moved by people who put them there. Mr. Schroeder commented that the motion will re -approve the encroachment agreement which does include all of those conditions. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-151. ORDINANCES TO BE ADOPTED 126675 - Cole/Welper that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (57) Cataract Avenue of Section 551, Parking Prohibited At All Times On Certain Streets; and enacting in lieu thereof a new Subsection (57) Cataract Avenue of Section 551, Parking Prohibited At All Times on Certain Streets (restricting parking on the north side of the 300 and 400 blocks of Cataract Avenue from Edgemont Avenue to Barton Avenue)", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 126676 - Cole/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 126677 - Cole/Greenwood that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (57) Cataract Avenue of Section 551, Parking Prohibited At All Times On Certain Streets; and enacting in lieu thereof a new Subsection (57) Cataract Avenue of Section 551, Parking Prohibited At All Times on Certain Streets (restricting parking on the north side of the 300 and 400 blocks of Cataract Avenue from Edgemont Avenue to Barton Avenue)", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4898. 126678 - Greenwood/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations; and enacting in lieu thereof new Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, Section 5-1B-6, Restrictions on Possession of Animals, and Section 5-1B-7, Registration of Potentially Dangerous Dogs, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations (new definitions, violation registry, new section on potentially dangerous dogs)", 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. February 25, 2008 Page 4 Ordinances to be Adopted continued James Walsh, City Attorney, stated that the animal control officers noted a few changes that council can easily correct tonight. The first change are in Section 5-1B-4, Dangerous Dogs Prohibited, Subsection E, Notice of Violation. The reference to Black Hawk County Humane Society should be changed to the Cedar Bend Humane Society. Under Subsection G, Failure to Comply with Order (2), the fine should be changed from $20.00 to $50.00. In Section 5-1B-7, Registration of Potentially Dangerous Dogs, Subsection A, Definitions (d) at the end of the section add "or in the process of treating or rendering aid to a previously injured animal." Mr. Walsh noted that the animal control officers are concerned because when they are in the process of treating or aiding an injured animal, the animal will sometime snap and bite, and they want to make sure that they don't end up with some dog being declared dangerous because of that. The other correction in Subsection H, Exception for Veterinarians, Shelters and Kennels, of Section 5-1B-7, Registration of Potentially Dangerous Dogs, is to remove the word "kennel". Mr. Walsh commented that the animal control officers are concerned with the word kennel because people sometimes use that term informally as a kennel in their house. Greenwood/Welper that the above motion be amended with the changes as stated by the City Attorney. Councilperson Hart commented regarding the insurance required in Section 5-1B-7, Registration of Potentially Dangerous Dogs, Subsection D, Registration Fee and Proof of Insurance. Councilperson Hart noted he received one or two calls over the past couple of weeks from individuals who were not homeowners nor did they have rental insurance trying to get some type of insurance for their dog and he asked if there is gong to be some kind of listing for insurance carriers that will be able to supply insurance. Councilperson Hart stated he knows there is a fine line between actually pushing an insurance company, but he is just thinking about how the city can be a resource so animal control could have a listing of insurance carriers that people could tap into. Councilperson Hart's second question is if a person has a dog that is deemed potentially dangerous what is the likelihood that they will be able to get insurance or be insured. Mr. Walsh responded that almost any insurance agent in the phone book can supply homeowners or renters insurance that will cover normal domestic animals. None of them are likely to ask if a dog has been declared dangerous before you buy the insurance. Mr. Walsh stated that the ordinance only requires registration and proof of insurance after a dog has bitten somebody or repeatedly been running loose, and it won't be something that everybody automatically has to provide. Councilperson Steve Schmitt asked if he is correct in looking at tonight's agenda that council is proposing possibly to pass this for the second and third times. Mayor Pro Tem Reggie Schmitt responded the ordinance is on the agenda that way and the reasoning was, like we talked about at the agenda meeting, that we are trying to be proactive and mitigating the animal issues that we do have and getting the clock started on the 125 to 150 dogs that animal control knows on a first -name basis. As we get further into this and we have items that need to be amended or tweaked, we will continue to do that but this is the base ordinance. Councilperson Steve Schmitt complimented the Human Society on the good work they have done on this. Councilperson Steve Schmitt stated that he has had either conversations or phone calls with veterinarians, dog and animal trainers and insurance agents that for a lack of a better term question the council's rush to judgment. Councilperson Steve Schmitt stated he understands with Mr. Merrill and some of the other events that have happened here in the last several months that we would like to move on down the road and get some things changed, but as Mayor Pro Tem Reggie Schmitt mentioned a few meetings ago the City of Waterloo has been working on this for 140 years. Councilperson Steve Schmitt suggested that council pass this for the first time, but then involve some of these folks who have a better knowledge than most on the council would have on some of the ramifications of some of the ruling on this ordinance. Mayor Pro Tem Reggie Schmitt commented that passing it one time does not enact the ordinance, the clock does not start, and that is what council had discussed during the work sessions. A vote was taken on the amendment with the following result. Ayes: Seven. Motion carried. 1 • • February 25, 2008 Ordinances to be • • Adopted continued 126679 - A vote was taken and pass for the carried. 126680 Greenwood/Cole Page 5 on the original motion, as amended, to receive, file, consider first time with the following result. Ayes: Seven. Motion that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty commented that he has some reservations about approving all three readings tonight, and he personally would like to wait one more week to pass for the second and third times so that we can have feedback from individuals before we press on. Mayor Pro Tem Reggie Schmitt commented this is the city's base ordinance, and this is going to be tweaked and the clock doesn't start running until the ordinance is enacted. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Getty, Steve Schmitt. Motion failed. NEW BUSINESS 126681 Greenwood/Steve Schmitt to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of Two 4 -Wheel Drive Pickup Trucks, be received, placed on file and approved. Ayes: Seven. Motion carried. 126682 - Greenwood/Steve Schmitt that specifications, bid document, etc. in conjunction with Purchase of Two 4 - Wheel Drive Pickup Trucks, be received and placed on file. Ayes: Seven. Motion carried. 126683 - Greenwood/Steve Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-152. 126684 Greenwood/Steve Schmitt that "Resolution setting date of hearing on specifications, bid document, etc. as March 17, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-153. 126685 - Greenwood/Steve Schmitt to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with Roof Replacement for the Filter Building At Waste Water Treatment Plant, be received, placed on file and approved. Ayes: Seven. Motion carried. 126686 - Greenwood/Steve Schmitt that plans, specifications, form of contract, etc. in conjunction with Roof Replacement for the Filter Building At Waste Water Treatment Plant, be received and placed on file. Ayes: Seven. Motion carried. 126687 - Greenwood/Steve Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-154. February 25, 2008 New Business continued Page 6 126688 - Greenwood/Steve Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as March 24, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-155. ADJOURNMENT 126689 - Cole/Welper that the Council adjourn at 5:54 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk •