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HomeMy WebLinkAboutMinutes-10/07/2013October 7, 2013 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, October 7, 2013. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Carol Nemmers, Deputy City Clerk. 141577 - Hart/Schmitt that the Agenda, as proposed, by deleting item #25, for the Regular Session on Monday, October 7, 2013, at 5:30 p.m., be accepted and approved. Voice vote - Ayes: Seven. Motion carried. 141578 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, September 23, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark performed a Swearing -In of the following Firefighters: Micah Moore, Reid Boevers, Travis Ihnen and Jon Eastman. Mayor Clark read a Proclamation declaring October 13, 2013 as "Antioch Baptist Church Day". Mayor Clark read a Proclamation declaring October 6-12, 2013 as "Mental Illness Awareness Week". CONSENT AGENDA 141579 - Hart/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 October 7, 2013, in the amount of $2,877,420.86, 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. 2013-799. 2. Request of Pathways Behavioral Services to hold 10th Annual Run, Walk and Roll for a Drug Free Community event to be held on October 26, 2013 at 9:00 a.m., with the route to start and end on the access road in front of the Pathways Building located at 3362 University Avenue. Resolution adopted and upon approval by Mayor assigned No. 2013-780A. 3. Request of SAC's Neighborhood Pub for a variance to the Noise Ordinance on October 12, 2013 from 7:00 p.m. to 10:00 p.m. in conjunction with Grand Opening event to be held at 2000 Hawthorne Avenue including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2013-781A. 4. Request of Mike and Tina Rodebush for tax exemptions on improvements totaling $225,000.00 for property located at 4746 Yellowstone Road and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2013-782. 5. Request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $85,000.00 for property located at 308 Irving Street and located in the Consolidated Urban Revitalization Area (CORA). Resolution adopted and upon approval by Mayor assigned No. 2013-783. 6. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees: October 7, 2013 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Resolution adopted and upon approval by Mayor assigned No. 2013-784A. b. Motion to approve the following: Page 2 Travel Requests Address Amount to certify 651 Sherman Avenue $2,600.00 845 Logan Avenue $2,640.00 511 Williston Avenue $1,271.27 Resolution adopted and upon approval by Mayor assigned No. 2013-784A. b. Motion to approve the following: Page 2 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed John Lenius, Iowa Association HCC 10/02/2013- $300.00 Housing of Housing Waterloo, IA 10/04/2013 Inspector Officials Kent Shankle, Eric Guttelewitz New York 09/27/2013- $2,715.00 Cultural & Arts Exhibit City, 10/04/2013 Director Plainfield (Revised MA, date for Barrington add. Pick RI up in NYC) Eric Eric Guttelewitz Waterloo, IA 10/16/2013- $595.00 Guttelewitz, visiting artist exhibit reception 10/18/2013 Craig Clark, Building ICC Legal and Management Des Moines, IA 11/11/2013 $110.00 Official Jeff Siebel, Property Safety ICC Fire Inspector II Des Moines, IA 11/11/2013 $185.00 Inspector Tom Siglin, Confined Space Iowa City, 9/16/2013- $3,418.00 Lieutenant; Rescue IA 9/20/2013 (amended Scott Ernst, to add Firefighter night) 8 sworn CTK Interview and Waterloo, IA 11/04/2013- $1,800.00 officers Interrogation 11/06/2013 School Steve Jordan, 2013 Hawkeye State Ankeny, IA 10/22/2013- $678.00 Fire Marshal Fire Safety Assoc. 10/25/2013 Fire Prevention Education Conference Matt Vlasak, Craig Hintzman, Tina One/Two Family Dwelling and Power Quality Training Waterloo, IA 10/16/2013 $780.00 Schellhorn, Sessions Roger Wooden, Nate Alderman, Kelby Haynes, Signal Technicians and Electricians Larry Ticknor, Rusty Zey, Airport Wildlife Training Waterloo, IA 10/4/13 $800.00 Randy Shepard, Troy Deeds 11. Recommendation of appointment of Benjamin Neil to the position of Engineering Technician, on a mutually agreed upon date and pending pre- employment examination. 12. Recommendation of appointment of Nicholas Schissle to the position of Golf Maintenance II, effective October 21, 2013. 13. 14. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Ramada Inn 205 W. 4th Street Class B Liquor Renewal 4/30/14 X Narey's 19th Hole 2073 Logan Avenue Class C Liquor Renewal 8/22/14 October 7, 2013 15. 16. Page 3 Roby's Cocktail Lounge 521 Dane Street Class C Liquor New 10/7/14 X Petersen & Tietz Florist & Greenhouse 2275 Independence Avenue Class B Native Wine Renewal 10/8/14 X Vehicle For Hire Business License Application 17. ABC Transportation Services, LLC, 805 Adams Street, Suite B 18. Bonds Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 141580 - Schmitt/Hart that proof of publication of notice of public hearing Contracting and Development for a site plan amendment Multiple Residence District for property generally Street near the intersection of East 7th and East 8th construction of six (6) townhome units and one (1) published in the Waterloo Courier on October 3, 2013, file. Voice vote -Ayes: Seven. Motion carried. on request of Black Hawk to the "R -3,R -P" Planned located along Lafayette Streets, to allow for the single-family house, as be received and placed on 141581 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mr. Kirk Eschliman of Kess & Associates stated he was present for any questions. Mr. Welper questioned if the area is in a flood plain. Noel Anderson, Community Planning & Development Director, explained that the area is protected from the 500 year flood plain and they should not be flooded. Schmitt/Hart that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141582 - Schmitt/Hart that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a site plan amendment on certain property in conjunction with the request of Black Hawk Contracting and Development for a site plan amendment to the "R -3,R -P" Planned Multiple Residence District for property generally located along Lafayette Street near the intersection of East 7th and East 8th Streets, to allow for the construction of six (6) townhome units and one (1) single- family house", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 141583 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 141584 - Schmitt/Hart that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a site plan amendment on certain property", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5175. 141585 - Hart/Welper that proof of publication of notice of public hearing on request of Black Hawk Contracting and Development for a site plan amendment to the "R -1,R -P" Planned One and Two Family Residence District for property generally located south of Hawthorne Avenue and east of Vermont Street (Baltimore Field), to allow for the construction of twelve (12) single-family houses on 3.2 acres of land, as published in the Waterloo Courier on October 3, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. October 7, 2013 Page 4 141586 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mr. Kirk Eschliman of Kess & Associates stated he was present for any questions. Mr. Greenwood questioned if there was a timeline on the agreement. Mr. Eschliman replied no. Mr. Welper noted he received a call from a lady inquiring whether the homes were Habitat for Humanity homes. Mr. Eschliman explained that they are American homes that are built in two pieces and then brought in. Noel Anderson, Community Planning & Development Director, noted that the homes are 1,200 square feet with an attached double garage. Hart/Welper that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141587 - Hart/Welper that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a site plan amendment on certain property in conjunction with the request of Black Hawk Contracting and Development for a site plan amendment to the "R -1,R -P" Planned One and Two Family Residence District for property generally located south of Hawthorne Avenue and east of Vermont Street (Baltimore Field), to allow for the construction of twelve (12) single-family houses on 3.2 acres of land", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 141588 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 141589 - Hart/Welper that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a site plan amendment on certain property", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5176. 141590 - Hart/Welper that proof of publication of notice of public hearing on request of Kwik Trip, Inc. for a site plan amendment to the "S-1" Shopping Center Commercial District for property located 324 Fletcher Avenue, to allow for the construction of a compressed natural gas (CNG) facility addition to the existing Kwik Star convenience store, as published in the Waterloo Courier on October 3, 2013, 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. Joel Hirschboeck from Kwik Trip, Inc. explained that Bob Farr of Farr Beverage stated that it would save him $2.00 per gallon of gas by having the fueling facility. Hart/Welper that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141591 - Hart/Welper that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a site plan amendment on certain property in conjunction with the request of Kwik Trip, Inc. for a site plan amendment to the "S-1" Shopping Center Commercial District for property located 324 Fletcher Avenue, to allow October 7, 2013 Page 5 for the construction of a compressed natural gas (CNG) facility addition to the existing Kwik Star convenience store", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 141592 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 141593 - Hart/Welper that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a site plan amendment on certain property", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5177. 141594 - Welper/Hart that proof of publication of notice of public hearing on request by Hawkeye Property Management to rezone 1.07 acres of land from "R-3" Multiple Residence District to "R -4,R -P" Planned Multiple Residence District property generally located near the intersection of Ravenwood Circle and Ravenwood Road, for the purpose of constructing two new 12-plex buildings, along with two nine -stall garages that are associated with the multiple -family uses, as published in the Waterloo Courier on October 3, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141595 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Paul Moore, Property Manager, stated he was present for any questions. Welper/Hart that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141596 - Welper/Hart that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with request by Hawkeye Property Management to rezone 1.07 acres of land from "R-3" Multiple Residence District to "R -4,R -P" Planned Multiple Residence District property generally located near the intersection of Ravenwood Circle and Ravenwood Road, for the purpose of constructing two new 12-plex buildings, along with two nine -stall garages that are associated with the multiple -family uses", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 141597 - Welper/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 141598 - Welper/Hart that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Request by Hawkeye Property Management to rezone 1.07 acres of land from "R-3" Multiple Residence District to "R -4,R -P" Planned Multiple Residence District property generally located near the intersection of Ravenwood Circle and Ravenwood Road, for the purpose of constructing two new 12-plex buildings, along with two nine -stall garages that are associated with the multiple -family uses", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5178. 141599 - Hart/Greenwood that proof of publication of notice of public hearing on Fiber Optic Connection: City Network to SportsPlex Building, as published in the Waterloo Courier on October 3, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. October 7, 2013 Page 6 141600 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 141601 - Hart/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Fiber Optic Connection: City Network to SportsPlex Building", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-784B. 141602 - Hart/Greenwood that "Resolution ordering construction in conjunction with Fiber Optic Connection: City Network to SportsPlex Building", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-785A. 141603 - Hart/Greenwood to receive and file and instruct Deputy City Clerk to open and read bids and refer to Traffic Operations Superintendent for review in conjunction with Fiber Optic Connection: City Network to SportsPlex Building: Bidder Bid Security Bid Amount KWS, Inc. Cedar Falls, Iowa 5% $39,750.00 Voice vote -Ayes: Seven. Motion carried. 141604 - Greenwood/Schmitt that proof of publication of notice of public hearing on Development Agreement with Iowa Development Enterprises LLC for the sale and conveyance of city -owned property for $1.00, generally described as the former Van Eaton School site, for the purpose of constructing five (5) single-family homes, as published in the Waterloo Courier on October 3, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141605 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141606 - Greenwood/Schmitt that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Development Agreement with Iowa Development Enterprises LLC for the sale and conveyance of city -owned property for $1.00, generally described as the former Van Eaton School site, for the purpose of constructing five (5) single-family homes", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-786A. 141607 - Greenwood/Schmitt that "Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document in conjunction with Development Agreement with Iowa Development Enterprises LLC for the sale and conveyance of city -owned property for $1.00, generally described as the former Van Eaton School site, for the purpose of constructing five (5) single-family homes", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-787. October 7, 2013 Page 8 141616 - Cole/Greenwood that "Resolution setting date of hearing as October 21, 2013 to approve Real Estate Purchase Agreement with Buckets, Inc. of Waterloo, Iowa for the sale of city -owned land identified as parcel no. 8912-32-102-002 located at 3215 Lafayette Street in the amount of $1.00 with up to $2,000.00 in closing costs, in connection with Amendment to Development Agreement; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-796A. 141617 - Greenwood/Schmitt that "Resolution setting date of hearing as October 21, 2013 to approve the adoption of the 2014-2018 Capital Improvements Program for the City of Waterloo; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-797A. 141618 - Greenwood/Schmitt that "Resolution setting date of hearing as October 21, 2013 to approve request of BCS Properties, LLC of Waterloo, Iowa to vacate approximately 10.33' x 176' (1,818 SF) of City owned right-of-way located west of 1850 West Ridgeway Avenue, for the purpose of constructing a new multi -tenant commercial building and parking lot on the property; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-798A. 141619 - Greenwood/Schmitt that "Resolution setting date of hearing as October 21, 2013 to approve request of BCS Properties, LLC of Waterloo, Iowa to rezone 1.31 acres of land from "R - 2,C -Z" Conditional Zoning District to "C-2" Commercial District, located at 1850 West Ridgeway Avenue, for the purpose of constructing a new multi -use commercial building; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-799A. 141620 - Schmitt/Welper that "Resolution setting date of hearing as October 21, 2013 to approve an Exchange Agreement and Assignment of Offer to Buy Real Estate and Acceptance with L and H Farms, Ltd. of Waterloo, Iowa, for the acquisition and sale (exchange) of land in the total amount of $857,136.00 plus up to $10,000.00 in closing costs; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-800. 141621 - Schmitt/Welper that "Resolution approving a Temporary Construction Easement and Permanent Easement with South View Associates, LLC of San Dimas, California, in connection with the construction of a new sanitary sewer lift station on property located at 3451 East Orange Road; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-801. 141622 - Schmitt/Welper that "Resolution approving a Temporary Construction Easement and Permanent Easement with Broadway Limited, LC of Waterloo, Iowa, in connection with the construction of a new sanitary sewer line on property located at 1750 Broadway Street; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-802. 141623 - Welper/Hart that "Resolution approving Real Estate Sale Contract with BBS Real Estate Holdings, LLC of Waterloo, Iowa for the acquisition of 217-219 Jefferson Street in the amount of $87,000.00, plus up to $10,000.00 in City environmental and October 7, 2013 Page 9 closing costs; and authorize Mayor and City Clerk to execute any necessary documents", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-803. 141624 - Welper/Hart that "Resolution approving Real Estate Sale Contract with Operation Threshold for the acquisition of 300 West 3rd Street in the amount of $400,000.00, plus up to $10,000.00 in City environmental and closing costs; and authorize Mayor and City Clerk to execute any necessary documents", be adopted. Roll call vote - Ayes: Six. Nays: Greenwood. Mr. Jones questioned whether people were going to have to pay to park or if there was going to be meters in the SportsPlex parking lot. Noel Anderson, Community Planning & Development Director, stated that there will not be meters in the parking lot. Mr. Jones expressed that it's pretty expensive parking. Resolution adopted and upon approval by Mayor assigned No. 2013-804. ORDINANCES 141625 - Cole/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by repealing Section 3-4B-6, Firearms Records Register, of Article B, Secondhand Goods Dealers, of Chapter 4, Businesses Relating to Sales, of Title 3, Business and License Regulations", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 141626 - Cole/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 141627 - Cole/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by repealing Section 3-4B-6, Firearms Records Register, of Article B, Secondhand Goods Dealers, of Chapter 4, Businesses Relating to Sales, of Title 3, Business and License Regulations", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5179. 141628 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (216) Lafayette Street of Section 551, Parking Prohibited At All Times on Certain Streets, and enacting in lieu thereof a new Subsection (216) Lafayette Street of Section 551, Parking Prohibited At All Times on Certain Streets in conjunction with Ordinance Change - No Parking This Side - Southwest side of Lafayette Street from Lane Street to East llth Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 141629 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 141630 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (216) Lafayette Street of Section 551, Parking Prohibited At All Times on Certain Streets, and enacting in lieu thereof a new Subsection (216) Lafayette Street of Section 551, Parking Prohibited At A11 Times on Certain Streets in conjunction with Ordinance Change - No Parking This Side - Southwest side of Lafayette Street from Lane Street to East llth Street", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5180. October 7, 2013 Page 10 141631 - Greenwood/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (26) Franklin Street of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (26) Franklin Street to Section 541, Increasing Speed Limits in Certain Areas in conjunction with Ordinance Change - Adding Subsection 541A, Decreasing Speed Limit in Certain Areas and Adding - Franklin Street from E. 7th Street to E. Mullan Avenue - 30 MPH", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 141632 - Greenwood/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 141633 - Greenwood/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (26) Franklin Street of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (26) Franklin Street to Section 541, Increasing Speed Limits in Certain Areas in conjunction with Ordinance Change - Adding Subsection 541A, Decreasing Speed Limit in Certain Areas and Adding - Franklin Street from E. 7th Street to E. Mullan Avenue - 30 MPH", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5181. OTHER COUNCIL BUSINESS 141634 - Hart/Welper to instruct Waste Management Services Superintendent to prepare revised plans, specifications, form of contract, etc. in conjunction with La Porte Road Pumping Station and Force Main, Contract No. 847, be approved. Voice vote -Ayes: Seven. Motion carried. 141635 - Hart/Welper that revised plans, specifications, form of contract, etc. in conjunction with La Porte Road Pumping Station and Force Main, Contract No. 847, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141636 - Hart/Welper that "Resolution preliminarily approving revised plans, specifications, form of contract, etc. in conjunction with La Porte Road Pumping Station and Force Main, Contract No. 847", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-805. 141637 - Hart/Welper that "Resolution setting date of hearing and bid opening as November 4, 2013; and instruct City Clerk to publish notice of revised plans, specifications, form of contract, etc. in conjunction with La Porte Road Pumping Station and Force Main, Contract No. 847", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-806. 141638 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 4th Street Bridge Slope Protection and Riverwall Repairs, Contract No. 855, be approved. Voice vote -Ayes: Seven. Motion carried. 141639 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 4th Street Bridge Slope Protection and Riverwall Repairs, Contract No. 855, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141640 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 4th Street Bridge Slope Protection October 7, 2013 Page 11 and Riverwall Repairs, Contract No. 855, be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-807. 141641 - Hart/Welper that "Resolution setting date of hearing and bid opening as October 28, 2013; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 4th Street Bridge Slope Protection and Riverwall Repairs, Contract No. 855, be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-808. 141642 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Bridge Deck Repairs and Overlay Program, Contract No. 777, be approved. Voice vote -Ayes: Seven. Motion carried. 141643 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Bridge Deck Repairs and Overlay Program, Contract No. 777, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141644 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Bridge Deck Repairs and Overlay Program, Contract No. 777, be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-809. 141645 - Hart/Welper that "Resolution setting date of hearing and bid opening as October 28, 2013; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Bridge Deck Repairs and Overlay Program, Contract No. 777, be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-810. ORAL PRESENTATIONS Jim Chapman, 224 Bertch Avenue, questioned how many full-time and part-time code enforcement officers there are. Mayor Clark explained that there are 3 full time and 1 part time. Randy Herrod, 111 Highland, reported that he had articles on the dog issue from experts and wants to emphasize that the experts writing the article state that there is no particular breed involved in canine aggression and that it has to do with the dog owners. He also noted that he's had people talk to him saying that we have good codes in this community but wonder if they're enforced. He noted that if we have big fines and big prison sentences, that it would help. Ethan noted that pitbulls are not bad dogs, and that it has to do with responsible owners. He noted that there should be stricter rules for people who breed dogs. He noted that owners should have to microchip their dogs in the city. He also noted that people should have big fines. He noted that a pitbull saved a family from a fire in their house by barking. Janet Kendall, 903 Riverside, wanted to know how each Council person stands on the animal control issue. Mayor Clark explained that this is not the time to do it, and that you can get a hold of each Council person and find out how they stand on it, either by phone or email. John Trebon, 1750 Robin Road, noted that there was a gentleman from Kwik Trip earlier talking about the savings with natural gas, and that the City should look at the natural gas prospect with getting gas cheaper for city vehicles. Mayor Clark explained that there is a tremendous investment to convert our garbage trucks to CNG. October 7, 2013 Page 12 Mr. Trebon noted to look on the internet to find kits to convert the City vehicles to save gas. 141646 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141647 - Hart/Welper that the council adjourn to Executive Session at 6:42 p.m. Roll call vote -Ayes: Seven. Motion carried. Assistant City Attorney Dave Zellhoefer stated that discussion of acquisition of land is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (j) (2013) . EXECUTIVE SESSION 141648 - Hart/Greenwood that the council adjourn Executive Session at 6:56 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 141649 - Hart/Greenwood that the Council adjourn at 6:56 p.m. Voice vote -Ayes: Seven. Motion carried. Deputy City Clerk