HomeMy WebLinkAbout08/22/2016August 22, 2016
The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty
Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, August 22, 2016. Mayor
Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt,
and Welper.
Prayer or Moment of Silence.
Pledge of Allegiance: Kent Shankle, Director of Cultural & Arts Commission
146464 - Welper/Schmitt
that the Agenda, as amended, to amend item 1.B.b to correct Mayor Hart's travel
request amount from $825.00 to $715.00 and add a new item 9, Resolution
approving workers comp settlement agreement with Scott Knudtson for $50,000.00
plus IME, for the Regular Session on Monday, August 22, 2016, at 5:30 p.m., be
accepted and approved. Roil call vote -Ayes: Seven. Motion carried.
146465 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, August 15,
2016, at 5:30 p.m., be accepted and approved. Roll call vote -Ayes: Seven.
Motion carried.
CONSENT AGENDA
146466 - Welper/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 Finance Committee Invoice Summary Report, dated
August 22, 2016, in the amount of $4,742,329.40 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. 2016-667.
2. Resolution approving request from Robert Sauls for a waiver for an asphalt
driveway located at 97 Joy Drive with the elimination of the sidewalk
section due to the inability to meet grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2016-668.
3. Resolution approving Request from Deana Jolly for a waiver for a concrete
driveway to be located at 1155 Hawthorne Avenue (driveway located on
Hoover St.) and authorizing the construction of a concrete driveway and
placing a driveway or sidewalk on City right of way on an unimproved
street.
Resolution adopted and upon approval by Mayor assigned No. 2016-669.
4. Resolution preliminarily approving plans, specifications, form of
contract, etc. and setting date of bid opening as September 8, 2016, and
date of public hearing as September 12, 2016, for the F.Y. 2017 Sergeant
Road Trail Bridge No. 1 Replacement, Contract No. 917, and instruct City
Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2016-670.
5. Resolution approving request from Cedar Valley Hospice to hold their
annual fundraising event, Release and Remember on August 28th, 2016 from 1
to 3 PM, with the partial barricade of the Park Ave Bridge to allow the
carts to access the trail and navigate to the seating area.
Resolution adopted and upon approval by Mayor assigned No. 2016-671.
6. Resolution approving request of Beck's Taproom Grill for a Variance to the
Noise Ordinance on September 17, 2016 from 6:00 p.m. to 9:00 p.m., in
conjunction with the "Parking Lot Party" event to be held in the front
parking lot of Beck's Taproom, 3295 University Avenue, along with the use
of a PA system.
Resolution adopted and upon approval by Mayor assigned No. 2016-672.
August 22, 2016
Page 2
7. Resolution approving request of Jim Koch for a Variance to the Noise
Ordinance on September 4, 2016 from 4:00 p.m. to 9:00 p.m., in conjunction
with the "University Avenue Cruise" event to be held in the University Hy -
Vee parking lot and Progress Avenue, along with the use of a PA system.
Resolution adopted and upon approval by Mayor assigned No. 2016-673.
b. Motion to approve the following:
1.
a.
b.
c.
d.
2.
a.
b.
c.
d.
e.
f.
g•
h.
i.
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Chief Trelka
and Lt.
McClelland
(AMENDED -
Date Change)
Training/Consultation
Garry McFadden
Charlotte,
NC
August 17-
19, 2016
$1,351.00
Quentin Hart,
Mayor
Iowa League of Cities
Annual Conference
Des Moines,
IA
September
14-16,
2016
$715.00
Michelle
Weidner,
Chief
Financial
Officer
League of Cities
Annual Conference
Des Moines,
IA
September
14-16,
2016
$655.00
Chris
Ferguson,
Lieutenant
Joint Fire
Investigation Seminar
and Annual Meeting
Council
Bluffs, IA
September
20-23,
2016
$700.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Edo's Sports Bar, 110
E. llth Street
C Liquor
Renewal
05/07/2017
X
Legs, 212 E. 4th
Street, Suite 103
B Wine / C Beer
Renewal
06/25/2017
Metro Mart #4, 2332
Falls Avenue
E Liquor / C
Beer
Renewal
06/30/2017
X
Old Skool Lounge, 120
Sumner Street
C Liquor
w/Outdoor
Service
Renewal
07/05/2017
X
UNA Bar Restaurant,
910 W. 5th Street
C Liquor
Renewal
03/09/2017
X
Cedar Valley
Pridefest, 300-400
Block W. 4th / 500-600
Block Washington
Special C Liquor
w/Outdoor
Service
New
08/28/2016
New Star, 1459
Ansborough Avenue
**Ownership Update**
E Liquor
New
06/02/2017
Benevolent &
Protective Order of
Elks #290, 4.07 E. Park
Avenue **Ownership
Update**
C Liquor
Renewal
6/30/2017
Hy -Vee Food Store #4,
4000 University Avenue
**Premise Update for
9/4/16 Event**
Special C Liquor
(Beer & Wine)
w/Outdoor
Service
New
09/09/2016
X
Beck's Taproom Grill,
3295 University Avenue
** Premise Update for
9/17/16 Event**
C Liquor
w/Outdoor
Service
New
12/31/2016
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Kenneth Adderley
Human Rights
Commission
08/22/2019
New
Kory Carty
Design Review Board
08/22/2019
New
August 22, 2016
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
146467 - Schmitt/Welper
Page 3
that proof of publication of notice of public hearing on the F.Y. 2017 Bridge
Repairs - 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916, as
published in the Waterloo Courier on August 8, 2016, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections.
David Dryer, 3145 W. 4th Street, commented on the bidding process.
Michelle Weidner, Chief Financial Officer, explained the bidding process. The
contract will be brought back before council with a recommendation, including
amounts, at that time.
146468 - Schmitt/Welper
that the hearing be closed and oral comments be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
146469 - Schmitt/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with the F.Y. 2017 Bridge Repairs - 6th Street, 18th Street,
and Ansborough Avenue, Contract No. 916", be adopted. Roll -call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-674.
146470 - Schmitt/Welper
that "Resolution authorizing to proceed in conjunction with the F.Y. 2017 Bridge
Repairs - 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916", be
adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-675.
146471 - Schmitt/Welper
Motion to receive and file and instruct City Clerk to read bids and refer to
City Engineer for review.
Bidder
Estimate: $281,790
Bid Security
Bid Amount
Boulder Contracting
Grundy Center, IA
5%
$248,829.00
Cramer and Associates, Inc.
Grimes, IA
5%
$278,659.00
Peterson Contractors, Inc.
Reinbeck, IA
5%
$227,407.50
Jasper Construction Services, Inc.
Newton, IA
5%
$223,910.00
Voice vote -Ayes: Seven. Motion carried.
RESOLUTIONS
146472 - Lind/Schmitt
that "Resolution approving new parking logo for downtown Waterloo", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-676.
146473 - Lind/Schmitt
August 22, 2016 Page 4
that "Resolution approving an agreement with Iowa Department of Transportation
for traffic signals on U.S. 63 at Logan Avenue and Dane Street intersection and
from Franklin Street to Jefferson Street, to be upgraded to Adaptive Signal
Control Technology, and authorize Mayor to execute such document", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Cheryl Christiansen, 1702 E. Mitchell Ave., questioned the construction project.
Sandie Greco, Superintendent of Traffic, explained that the request is for
traffic signals.
Resolution adopted and upon approval by Mayor assigned No. 2016-677.
146474 - Morrissey/Amos
that "Resolution approving award of contract to Midwest Concrete, Inc., of
Peosta, Iowa in the amount of $347,123.44; and approving the bonds and
Certificate of Insurance for the F.Y. 2017 Sidewalk Repair Assessment Program -
Zone 6, Contract No. 909; and authorize Mayor and City Clerk to execute said
documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-678.
146475 - Morrissey/Amos
that "Resolution approving the request by XL Colt Farms, LLC for the 35 -Lot
Preliminary Plat of Audubon Hills First Addition, located east of 1867 Red Tail
Drive", be adopted. Roll call vote -Ayes: Four. Nays: Three (Powers, Lind, and
Schmitt). Motion carried.
Mr. Lind questioned if the preliminary plat was approved by Planning
Commission.
Mayor Hart confirmed.
and Zoning
Mr. Lind noted that he does not support the plat because the lot sizes are not
compatible with the neighborhood and Red Tail Drive should extend to the east to
minimize traffic in that neighborhood.
Eric Johnson, attorney for XL Colt Farms, explained the preliminary plat went to
Planning and Zoning in May and was approved unanimously. He explained the
progress of the development, how it mirrors other developments in the area, and
the developer has met with and tried to work with neighbors in the area.
Johnson further addressed complaints received about the development.
Mr. Amos commented that a resident in the area expressed concern for a potential
traffic increase in the neighborhood and the ability of the Fire Department to
get emergency vehicles into the development.
Eric Johnson explained that the staff did not raise the concern.
Mr. Lind questioned if it would be fair to say that
the neighborhood are opposed to the development.
Eric Johnson explained he does not believe all of
the
development.
the majority of residents in
Audubon Park is upset about
Mr. Lind explained believes smaller homes would be better suited in other parts
of Waterloo.
Eric Johnson explained the home value would be
smaller.
equivalent if the
Mayor Hart questioned if the value of the homes would be cons
in the area.
Eric
lot was
stent with homes
Johnson explained the home values would be $275,000 to $375,000.
Mr. Morrissey questioned if there is a concern regarding the amount
in the area.
of traffic
Eric Johnson explained some residents will be upset with an increase in traffic.
Mr.
Eric
Morrissey questioned the phases of the project.
Johnson explained the phases of the project.
Mr. Morrissey questioned if the size of the lots could be increased.
August 22, 2016 Page 5
Eric Johnson explained residents could purchase additional lots to get a bigger
yard.
Mr. Morrissey questioned if conversations with residents have happened to change
the size of the lot.
Eric Johnson explained the conversations have occurred.
Mr. Powers commented that single access into a neighborhood is concerning and
adding additional access to the area would be beneficial from a safety
standpoint. He further commented that he does not support the development
Mr. Schmitt questioned why the developer is not developing from the east.
Eric Johnson explained developing from the east is still an option.
Mr. Schmitt questioned the effects of this type of development on surrounding
homes.
Eric Johnson stated developments of this type serve to grow the city's tax base
and, as a result, would have a positive effect on surrounding homes.
Mr. Schmitt explained his belief that all of council wants to see new housing in
Waterloo. He commented that the lots nearest to existing homes valued at
$500,000 - $700,000, is where the most concern from residents is originating.
Eric Johnson commented that those lots were, upon request, increased in size and
that a different requirement was placed on Skogman.
Mr. Jacobs commented that it seems as though a double standard is taking place.
XL Colt is going above and beyond to meet the needs of the residents while other
developers have not had to go to the same lengths. He further commented that
Planning and Zoning Commission approved the plat unanimously.
Mr. Powers commented that his primary concern is from a safety standpoint.
Mayor Hart questioned the zoning for the area.
Noel Anderson, Community Planning and Development Director, commented that it
was rezoned from multifamily to residential to blend with the surrounding
neighborhoods. He further commented on the lot sizes and the site plan process
and that the development meets the fire safety requirements.
Mr. Morrissey requested clarification on the legality of denying this item.
Dave Zellhoefer, City Attorney, explained that denying the plat would open the
city up to potential litigation.
Mr. Jacobs questioned if police and fire reviewed the plat.
Noel Anderson commented that both reviewed the plat and it is compliant with
Waterloo City Code.
Mayor Hart commented on the benefit of adding new taxable value to the City of
Waterloo.
Noel Anderson explained that the developer has been more than generous in their
attempt to address the concerns of area residents.
Mr. Morrissey requested resident comments.
Bob Krogh, 1555 Dakota, presented council with a petition containing
approximately 70 signatures objecting to the development and commented on the
reasons for objecting to the plat.
Mr. Lind commented that one of the 90 -foot lots could be removed and the road
could be extended as well.
Eric Johnson commented that the original deed of dedication was less restrictive
than the one currently before council.
David Lederman, 540 Prospect Boulevard, expressed his excitement for this new
development in Waterloo and his desire to obtain council approval of it.
Mr. Morrissey questioned the effects Councilman Lind's suggestion would have on
this development.
David Lederman explained that the changes proposed by Mr. Lind were considered
and reviewed by his engineer. It was determined that this change would drive the
August 22, 2016 Page 6
cost of the project up tremendously. This would restrict the ability to ensure
that the price point of the homes stay in a range that is selling well in the
Cedar Valley. If the lots are bigger and Red Tail Drive is extended he will drop
the project because it will not be financially feasible.
Mr. Powers asked for more information on frontages in this area.
David Lederman clarified that the frontages on Blue Wing would be developed for
executive ranch style homes, each with an estimated value range of $350,000 -
$375,000, which is very comparable to other homes in this area.
Mr. Jacobs questioned the lot sizes in Cedar Falls.
David Lederman commented that the lot sizes in Cedar Falls are 80-85 feet.
Mr. Schmitt questioned if the areas of development with 80-85 foot lots are in
premier development locations in Cedar Falls.
Kyle Larson, LGC Homes of Cedar Falls, commented that comparable lots in Cedar
Falls have homes valued at $300,000 and up. Larger lots are a trend from earlier
decades and modern communities are moving away from that trend.
Mr. Powers questioned if 110 foot frontages could be phased out down Blue Wing
Drive.
David Lederman commented that phasing out frontage sizes would increase the cost
of the development. Homes in the area are projected to have a greater value
than many homes currently in the area. He further noted that the homes will be
custom built.
Mr. Powers questioned the drainage plans for the development.
David Lederman explained that the drainage for the project has been addressed
and that it will flow north to the retention area.
Mr. Amos noted that the individual who called him was concerned about property
values and safety concerns. He commented that after listening to discussion he
believes that the concerns of the resident who called him have been addressed.
Mr. Lind asked if the existing city park would remain in that area.
Noel Anderson stated that there have been discussions on the future of that park
and those discussions will continue as development of this area progresses.
Paul Huting, Leisure Services Director, commented that the space currently
services unorganized play and Leisure Services is open to plans for development
of a park.
Mr. Morrissey called the question.
Mayor Hart commented that he would accept more discussion at this point.
John Sherbon, 1715 Robin Road, spoke in favor of the development.
Bob Krogh, 1559 Dakota Drive, noted that the residents of Audubon Park want lots
and houses are comparable to existing homes in the neighborhood.
Mayor Hart expressed his hope that developers will look at Waterloo for housing
projects. He questioned if the petitioners approved of the deed of dedication
currently being exhibited before council.
Bob Krogh affirmed that, with the exception of the four points addressed, they
did.
Resolution adopted and upon approval by Mayor assigned No. 2016-679.
146476 - Amos/Schmitt
that "Resolution approving submission of a Certified Local Government Program
grant application in the amount of $20,000 with a local match and in-kind
contributions of up to $26,070 for a total project cost of $46,070 to the State
of Iowa and the National Park Service to allow for site surveys to be performed
on properties located within the Walnut Court Neighborhood, and authorize Mayor
and City Clerk to execute the necessary documents", be adopted. Roll call vote -
Ayes: Seven. Motion carried.
Mr. Schmitt asked for clarification of funding for this item.
August 22, 2016 Page 7
Noel Anderson explained that the funding sources for this include the Historic
Preservation Commission's in-kind contributions and fund raising efforts. He
added that these types of grant/fundraising efforts have been successful in the
past.
Mayor Hart requested clarification of the goal of the item.
Noel Anderson clarified the goal of establishing this area as an historical
neighborhood district, allowing the city to seek additional state and federal
funding, would greatly contribute to drawing private investors to that area.
Mr. Lind questioned if the city is trying to get away from historical districts.
Noel Anderson explained that the city is not entirely avoiding this type of
district because there are different levels of this type of designation and some
are less restrictive than others. Some levels with lesser requirements are very
beneficial to the city by offering tax credits as a part of the designation.
Mayor Hart clarified that this gives the city another tool with which to work on
housing in this area.
David Dryer, 3145 W.
Mayor Hart commented
in their part of to
neighborhoods.
4th Street, asked for clarification.
that the neighbors have been asking for years for progress
wn. It would be a way to get funds to help fix up these
David Dryer asked if anything has been done to help House of Hope move.
Mayor Hart stated that the city has been in communication with the House of Hope
and their relocation project is still moving forward.
Forest Dillavou, 1725 Huntington Road, commented that one of the houses in the
area was listed on the 657A list.
Resolution adopted and upon approval by Mayor assigned No. 2016-680.
146477 - Amos/Schmitt
that "Resolution approving the Black Hawk County Conservation Board's CAT grant
application for the Hartman Reserve Nature Center project, with a City match of
$3,954 provided through Hotel/Motel Tax grant funds, and authorizing the Mayor
and City Clerk to fully sign and execute any necessary paperwork", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-681.
146478 - Amos/Schmitt
that "Resolution approving workers comp settlement agreement with Scott
Knudtson for $50,000.00 plus IME", be adopted. Roll call vote -Ayes: Seven.
Mr. Morrissey requested clarification on the item.
Dave Zellhoefer clarified that this is
employee was injured on the job and this
an outside law firm had been assigned
agreement that was reached. As a part of
expense of city funds.
a standard workers comp case where an
is the amount of payout. He added that
to handle the case and this is the
the process, council has to approve the
Mr. Powers questioned the details of the settlement.
Dave Zellhoefer stated that he was unsure of the details due to the fact that an
outside firm handled the case. He added that this is the final amount to be paid
and the case will be closed.
Mr. Schmitt asked where the request for this item originated.
Dave Zellhoefer stated that the Human Resources Department was the originator.
Mr. Morrissey suggested tabling this item until the next meeting in order to
obtain more details prior to voting.
Mr. Lind pointed out that this item was added without the 24 hour notice in
order to meet the agreement deadline.
Mayor Hart added that the agreement is a decent settlement that must be paid by
the end of the month and this is the last council meeting of the month. The next
council meeting is September 6.
August 22, 2016 Page 8
Michelle Weidner stated that the attorney for the employee has stated that they
will not wait until September 6 for a settlement agreement and, if council were
to table this item, it could potentially cost the city more money.
Tom Powers asked if it is safe to assume that a surgeon has already certified
that, due to injury sustained on the job, this person will not be coming back to
work.
Michelle Weidner explained the steps that have already taken place to reach this
settlement. She added that, as a result of steps taken by attorneys for both
parties, an agreement has been made and acceptance needs to take place quickly.
Mr. Morrissey asked if details would be provided to council after the vote is
taken.
Mayor Hart affirmed that a communication of details, if not a personal phone
call, would be received by all council members within 24 hours.
Mr. Morrissey questioned the recourse council would have should they find the
terms of the settlement agreement to be unacceptable.
Mayor Hart stated that if council finds something unacceptable within the
details, they can reconvene this week and bring this item back to discuss any
concerns they might have at that time.
Dave Zellhoefer affirmed that this would be an acceptable way to proceed with
this item.
Resolution adopted and upon approval by Mayor assigned No. 2016-682.
ORDINANCES
146479 - Morrissey/Amos
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Sections 5, 6, 9 and 10 of Article F, Foundation Drain
Disconnection, of Chapter 3, Sewer Regulations, of Title 8, Public Utilities;
and enacting in lieu thereof new Sections 5, 6, 9 and 10 of said Article F in
conjunction with the Foundation Drain Disconnection Ordinance", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes:
Seven. Motion carried.
146480 - Lind/Schmitt
to amend Title 8 Chapter 3 Article F Section 6 as follows: Approved
disconnections in District 1 made between January 1, 2013 and December 31, 2014
shall be eligible for the amount of the financial assistance stated above. Roll
call vote: Ayes -Seven. Motion carried.
Mayor Hart questioned procedure.
Kelley Felchle, Deputy Clerk, stated that, because this is the first reading,
the amendment could be made at this time.
Craig Clark, Building Official, stated that this section is only for service
area 15 and 16 at this time.
Mr. Lind added that the ordinance states that this applies to approved
disconnections in District 1.
Craig Clark clarified that District 1 is service area 15 and 16.
Mayor Hart clarified the former recipients of either a full or partial award
were not also in this program and this would not set precedence for future
projects in other districts.
Mr. Amos asked if it is feasible to add limits that define the area to which
this applies to avoid setting precedence.
Craig Clark stated that it is already limiting to District 1 and any additional
limitations would be a political decision to be made at council discretion.
Mr. Morrissey requested that Mr. Lind read his proposed amendment once again.
Mr. Lind read his proposed amendment.
Mr. Powers asked for clarification of procedure if actual costs were less than
$2,000.
August 22, 2016
Page 9
Mr. Welper questioned the reasons the amendment was written and presented as it
was without the addition of items being suggested.
Mayor Hart explained that it was written as a good faith effort to avoid setting
a precedent while keeping in mind the level of city funds which may or not be
available in the future for this project.
Mr. Morrissey questioned the number of properties within these service areas
that would be reviewed to ensure compliance. He also questioned the number of
homes which have already had this work completed.
Craig Clark affirmed that all homeowners in those areas have been reviewed with
roughly 700 needing no work at all and only 9 of those completed the work during
the required timeframe. The remaining homes in these areas have varying levels
of work needing to be completed.
Mr. Powers asked for legal advice on the wording of this amendment.
Dave Zellhoefer stated that adding not to exceed $2,000.00 is advisable.
Mr. Morrissey asked for a final reading of the proposed amendment.
Kelley Felchle, Deputy Clerk, asked for a complete reading of the proposed
amendment.
Mr. Lind read the proposed amendment.
146481 - Morrissey/Schmitt
That rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
146482 - Morrissey/Lind
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Sections 5, 6, 9 and 10 of Article F, Foundation Drain
Disconnection, of Chapter 3, Sewer Regulations, of Title 8, Public Utilities;
and enacting in lieu thereof new Sections 5, 6, 9 and 10 of said Article F in
conjunction with the Foundation Drain Disconnection Ordinance", be considered
and passed for the second and third times and adopted. Roll call vote -Ayes:
Seven. Motion carried.
Forrest Dillavou, 1725 Huntington Road, suggested better communication between
council and the public.
Mayor Hart stated that there was a work session held on this item but council
would try to improve communication efforts.
Ordinance adopted and upon approval by Mayor assigned No. 5364.
146483 - Schmitt/Morrissey
that "an Ordinance repealing Title 5, Chapter 4 Convenience Store Security in
its entirety and enacting in lieu thereof a new Title 5, Chapter 4 Surveillance
Camera for Certain Businesses in conjunction with surveillance camera for
certain businesses", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Seven. Motion carried.
Al Manning, Sub City, 3045 Kimball Avenue, spoke against the proposed ordinance.
Mayor Hart questioned if cameras could be used to cover several buildings.
Dan Trelka, Director of Safety Services, explained that one camera covering
several businesses would comply with the ordinance. He further noted that, if
the business remains problem free, the exemption will be granted each year. If
the location becomes a problem, the camera will be required and the business
owner will have one year to comply with the ordinance.
Mr. Schmitt clarified that Mr. Manning as well as most other business owners in
this area already have a certain level of security installed which surpass the
requirements of this ordinance.
Dan Trelka affirmed that they do and this ordinance is just confirming what is
already in existence in many areas.
Al Manning explained where he believes his security system falls short of the
requirements outlined within the ordinance.
August 22, 2016 Page 10
Mr. Mo
rissey stepped out at 7:47 p.m.
Mr. Schmitt commented that in hindsight it would have been beneficial to get the
opinions of impacted groups and asked if there is a time element for this item.
Mr. Morrissey returned
Dan Trelka stated that
Mr. Jacobs expressed
item.
Mayor Hart suggested that it
Safety Committee.
146484 - Morrissey/Amos
at 7:48 p.m.
there is not a timeline for the ordinance.
his agreement with Mr. Schmitt to further research this
may be beneficial to send the ordinance to Public
to table the second reading of the ordinance to September 19, 2016. Roll call
vote: Ayes Seven. Motion carried.
Mr. Amos suggested that Mr. Manning meet with Chief Trelka to discuss his
concerns before council meets again to vote on this item.
Mr. Jacobs suggested that. Mr. Manning is an great example of the ideal choice
for members of a task force to come up with a plan.
146485 Lind/Schmitt
that "an Ordinance amending the Traffic Code by adding Subsection (45a) Tower
Park Drive to Section 545 - Yield Streets - at Winn Street", be received, placed
on file, considered and passed for the first time. Roll call vote -Ayes: Seven.
Motion carried.
146486 - Lind/Amos
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
146487 Lind/Amos
that "an Ordinance amending the Traffic Code by adding Subsection (45a) Tower
Park Drive to Section 545 - Yield Streets - at Winn Street", be considered and
passed for the second and third times and adopted. Roll call vote -Ayes: Seven.
Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5365.
ORAL PRESENTATIONS
Randy Herod, 111 Highland Blvd., invited everyone to the American Legion at the
corner of Commercial and W. 6th Street for the official flag raising ceremony at
11:00 AM on Wednesday.
Mayor Hart thanked Mr. Herod and others involved for their advocacy in making
this a reality.
David Dryer, 3145 W. 4th St., representing the Commander of the American Legion,
asked if a portion of Commercial Street could be blocked off for the ceremony.
Mayor Hart suggested contacting Director Trelka to arrange for the closure.
Pat Vogel, 327 Fowler St., spoke about shootings in his neighborhood and a
nuisance house located there.
Mayor Hart suggested meeting Director Trelka for direction.
Lawrence Wheeler, 433 Bratnober St., commented on recycling bins and road
closures.
Mayor Hart stated that the practices involved will be reviewed and thanked Mr.
Wheeler for his advocacy.
Bruce W. Kaesser, 500 Sycamore St., thanked Craig Clark for his work in making
the city ADA compliant.
Marcella Gruver, 203 Miriam Drive,
146488 - Welper/Amos
spoke against Cedar Valley Pride Fest.
August 22, 2016 Page 11
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
146489 - Welper/Amos
that the Council adjourn at 8:07 p.m. Voice vote -Ayes: Seven. Motion carried.
elley F- c le
Deputy + ty Clerk