HomeMy WebLinkAboutMinutes-08/23/2004• •
August 23, 2004
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, August 23, 2004. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson,
Welper.
Moment of Silence.
Pledge of Allegiance: Jerry Stevens, General Manager of Waterloo Watjer Works.
120302 - Welper/Kincaid
that the Agenda, as proposed, for the Regular Session on Monday, August 23,
2004, at 5:30 p.m., be accepted and approved. Ayes: Sever#. Motion carried.
120303 - Welper Kincaid
that the Minutes, as proposed, for the Regular Session On Monday, August 16,
2004, at 5:30 p.m., be accepted and approved. Ayes: Sever}. Motion carried.
Mayor Hurley recognized Jerry Stevens.
Mayor Hurley presented Certificates of Recognition to David Perigo and Carroll
Kienol for 30 years of service with the City of Waterloo.
Mayor Hurley read a proclamation endorsing Pride and Cedar Valley's Promise
efforts to bring together parents, students, school and community in
celebration of education in Black Hawk County starting on Day One of the school
year, August 26, 2004.
Mayor Hurley read a proclamation declaring August 28, 2904, as Fall Freedom
Fest Day.
Mayor Hurley performed swearing-in of police officers Ery Rae Hageman, Dustin
Ray Lindaman and Steven Edward Paul Luke.
CONSENT AGENDA
120304 - Welper/Kincaid
that the following items on the consent agenda be receive
approved:
a. Resolutions to approve the following:
, placed on file and
1. Resolution approving Schedule AP640, pp. 1-59, dated August 23, 2004,
in the amount of $2,891,287.11, 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. 2004-554.
2. Communication from Fire Chief transmitting request to hold Annual Boot
Block for Muscular Dystrophy on September 3-5, 4004, from 10:00 a.m.
to 2:00 p.m. at the intersections of Kimball and 2idgeway Avenues, San
Marnan Drive and LaPorte Road, Black Hawk Road and Ansborough Avenue,
and Mullan Avenue and Franklin Street.
Resolution adopted and upon approval by Mayor assigned No. 2004-555.
3. Communication from Police Captain transmitting rfquest of Main Street
Waterloo, Waterloo Community Schools and the City of Waterloo to hold
Fun Run Against the Mayor event to be held on Sepjtember 21, 2004, from
9:00 a.m. to 12:00 p.m., with the run to begin at Lincoln Park to Park
Avenue to Jefferson Street, up 4th Street to Lincoln Park and to close
4th Street and Park Avenue from Franklin Street tO Jefferson Street as
well as side streets from 5th Street to 3rd Street.
Resolution adopted and upon approval by Mayor assigned No. 2004-556.
4. Communication from Police Captain transmitting re¢iuest of Grout Museum
District to hold Tall Grass Prairie Brewfest on September 18, 2004,
from 4:00 p.m. to 10:00 p.m. at Soldier's & Sailors Park and Cedar
Street from 4th to 5th Streets.
Resolution adopted and upon approval by Mayor assigned No. 2004-557.
August 23, 2004 Page 2
CONSENT AGENDA CONTINUED
5. Communication from City Clerk transmitting request for variance to the
Noise Ordinance on September 11, 2004, from 5:00 to 10:00 p.m. at 1002
Longfellow Avenue in conjunction with birthday party, including
band/DJ performing from the north corner of the property facing Hoing-
Rice Softball Complex, together with recommendation of approval of the
Police Captain.
Resolution adopted and upon approval by Mayor assigned No. 2004-558.
6. Communication from City Clerk transmitting request of Jim Koch, 2720
Jasmine Drive, for a variance to the Noise Ordinance on September 4,
2004, from 10:00 a.m. to 10:00 p.m. in conjunction with Block Party to
be held on Jasmine Drive between Orange Road and Dysart Road,
including a DJ playing music, together with recommendation of approval
of the Police Captain.
Resolution adopted and upon approval by Mayor assigned No. 2004-559.
7. Communication from City Engineer transmitting request of Scott Mueller
for a waiver for a concrete driveway to be located at 125 Peek Street,
together with recommendation of approval.
Resolution adopted and upon approval by Mayor assigned No. 2004-560.
8. Communication from City Engineer transmitting request of Lighthouse
Baptist Church for a waiver for a concrete driveway to be located at
300 Ralston Road, together with recommendation of approval.
Resolution adopted and upon approval by Mayor assigned No. 2004-561.
b. Motion to approve the following:
1. Robert Michael and Joshua Wessels, Police Officers, to attend Basic
Swat School in Cedar Rapids, Iowa, on August 23-27, 2004, with costs
not to exceed $547.00, including use of city vehicle.
2. Alan Carrier, Police Lieutenant, and William Sauerbrei, Police
Officer, to attend Firearms Instructors Certification Class in Des
Moines, Iowa, on September 8-9, 2004, with costs not to exceed
$449.00, including use of city vehicle.
3. Steven Paul -Luke, Police Officer, to attend Basic Level 1 Officer
Certification Course in Des Moines, Iowa, on September 6 -December 10,
2004, with costs not to exceed $3,798.40.
4. Carolyn Cole, Councilperson, to attend Iowa League of Cities 106th
Annual Conference & Exhibit in Sioux City, Iowa, on September 22-24,
2004, with costs not to exceed $150.00.
5. Reggie Schmitt, Councilperson, to attend Iowa League of Cities 106th
Annual Conference & Exhibit in Sioux City, Iowa, on September 22-24,
2004, with costs not to exceed $150.00.
6. Carolyn Cole, Councilperson, to attend National League of Cities 81st
Congress of Cities and Exposition in Indianapolis, Indiana, on
November 30 -December 4, 2004, with costs not to exceed $345.00.
7. Reggie Schmitt, Councilperson, to attend National League of Cities 81st
Congress of Cities and Exposition in Indianapolis, Indiana, on
November 30 -December 4, 2004, with costs not to exceed $345.00.
8. Don Temeyer, Community Planning & Development Director; Chris Western,
Associate Planner; and Louis Starks, Contract Compliance & Grants
Coordinator, to attend Brownfields 2004 Annual Conference in St.
Louis, Missouri, on September 19-22, 2004, with costs not to exceed
$1,910.00, including use of city vehicle.
9. Communication from Leisure Services Director transmitting
recommendation of appointment of Jeane Diehl to the position of
Administrative Secretary, effective August 24, 2004.
c. Liquor License Permit Application
Class E
Osco Drug, 2068 Logan Avenue (Renewal) (Expires 7/05/05) (Includes Sunday
Sales)
• •
August 23, 2004
CONSENT AGENDA CONTINUED
d.
Wine License Permit Application
Class B
Osco Drug, 2068 Logan Avenue (Renewal) (Expires 7/051/05) (Includes
Sales)
e. Beer/Wine License Permit Application
Special Class C
Young Arena, 125 Commercial Street (Renewal) (Expisies 9/6/05)
Sunday Sales)
Page 3
Sunday
(Includes
f. Beer License Permit Application
Class B
Grout Museum at Soldiers & Sailors Park, 4th and Cedar Streets (5 days -
9/18/04 - 9/23/04)
g•
Beer License Permit Application
Class C
Tobacco Outlet Plus, 1803 LaPorte Road (Renewal) (Expires 10/14/05)
(Includes Sunday Sales)
h. Beer/Liquor License Permit Application
Class C
3 Kings Sports Bar & Grill, 921 Broadway
(Includes Sunday Sales)
Mama Nick's Circle Pizzeria, 1934
9/9/05) (Includes Sunday Sales)
Casey's 218 Pub, 4010-4018 University
(Includes Sunday Sales)
Casey's Pub & Eatery, 1125 W. Donald
(Includes Sunday Sales)
Street (1New) (Expires 9/1/05)
Washington
Avenue
Street
Streiet
(Reneial)
(Renewal)
(Renewal)
(Expires
(Expires
i. Outdoor Service Area Application
Grout Museum at Soldiers & Sailors Park, 4th and Cedar Street
Casey's Pub & Eatery, 1125 W. Donald Street
j
Cigarette License Permit Application
Balkin Grocery, 1816 Williston Avenue
The Times L.C., 226 West 5th Street
Neighborhood Corner Spot, LLC, 735 Logan Avenue
k. Recycling Yard License Applications for Approval
Chase Auto Parts, 1117 Sheffield Avenue, subject to (Oonditions
Dick's Auto Salvage, 612 Power Street, subject to co$iditions
Northside Auto, 821 Dearborn Avenue
Pierce Used Cars, 1500 Commercial Street, subject to' conditions
Plum's R&B, 2630 W.C.F.& N. Drive, subject to conditions
Quail's Auto, 202 Glendale Street
Weekley's Auto Salvage, 110 Court Avenue
1. Pawnbroker's License Application
Farris Stereo & Alarm, 211 W. 18th Street
Levi Brothers Jewelers Ltd, 306 E. 4th Street
Robin's Surplus and Pawn, 110 E. 4th Street
Waterloo Jewelry, 330 E. 4th Street
Mister Money USA of Waterloo, 1516 LaPorte Road
Duees Pawn & Gun, 909 Independence Avenue
m. Bonds.
(Expires
9/30/05)
9/23/05)
Ayes: Seven, with Councilperson Cole abstaining on 1b4 and 1b6 and
Councilperson Schmitt abstaining on 1b5 and 1b7. Motion carried.
HEARINGS
120305 - Gunderson/Schmitt
that proof of publication of notice of public hearing o4 site plan amendment to
the "R -P" Planned Residence District and "C -P" Planned Commercial District for
property generally located just west of the Lincoln Sayings Bank at 242 Tower
Park Drive for the purpose of development of a medical imaging office facility,
as published in the Waterloo Courier on August 13, 20041 be received and placed
on file. Ayes: Seven. Motion carried.
August 23, 2004
Page 4
HEARINGS CONTINUED
120306 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Welper/Kincaid
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Ayes:
Seven. Motion carried.
120307 - Gunderson/Kincaid
that "Resolution approving said site plan amendment", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-562.
UNFINISHED BUSINESS
120308 - Schmitt/Kincaid
that communication from Associate Engineer transmitting recommendation of award
of contract in the amount of $54,787.65 to Ti -Zack Concrete, Inc. of LeCenter,
Minnesota, in conjunction with F.X. 2005 Sidewalk Repair Assessment Program -
Zone 4, Contract No. 679, be received, placed on file and "Resolution approving
said award of contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-563.
PETITIONS FROM PUBLIC
120309 - Cole/Schmitt
that communication from Senior Planner transmitting request of Midwest Auto
Brokers to rezone from "C-1" Commercial District to "C -1,C -Z" Conditional
Zoning District property generally located at the southeast corner of Falls and
Ansborough Avenues for the purpose of establishing an off-site used vehicle
sales display lot, together with recommendation of approval of Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of hearing as September 13, 2004, on the above described request",
be adopted and City Clerk instructed to publish notice of same.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Gunderson commented that the applicant is requesting to use a
gravel area for parking, with the condition that the parking lot be hard -
surfaced in one year. Councilperson Gunderson asked what guarantee does the
city have that the applicant will hard -surface the lot after one year.
Don Temeyer, Community Planning and Development Director, responded if the
applicant doesn't abide with the condition to hard -surface the lot within one
year the city could issue him a citation, take him to court and ask that they
vacate the area. The applicant is also submitting a request to the Board of
Adjustment for a variance to allow for a gravel parking area on a temporary
basis. The applicant currently does not own the property but would lease the
land for six months with an option to buy. If the business is successful, he
will purchase the land.
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. 2004-564.
120310 - Cole/Schmitt
that communication from Senior Planner transmitting request of Randy and Steve
Hellman to rezone from "R-4" Multiple Residence District to "C-1" Commercial
District property generally located at the southeast corner of LaPorte Road and
Locke Avenue for the purpose of opening a new Dairy Queen, together with
recommendation of approval of Planning, Programming and Zoning Commission, be
received, placed on file and "Resolution setting date of hearing as September
13, 2004, at 5:30 p.m. in the City Hall Council Chambers on the above described
request", be adopted and City Clerk instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval of Mayor assigned No. 2004-565.
• •
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August 23, 2004 Page 5
PETITIONS FROM PUBLIC CONTINUED
120311 - Cole/Schmitt
that communication from Senior Planner transmitting requost of Norm Hayek to
rezone from "A-1" Agricultural District to "R-1" One & Two Family Residence
District property generally located west of Nottingham Addition for the purpose
of a future residential subdivision, together with recomMendation of approval
of Planning, Programming and Zoning Commission, be received, placed on file and
"Resolution setting date of hearing as September 13, 20049 at 5:30 p.m. in the
City Hall Council Chambers on the above described request", be adopted and City
Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval of Mayor assigned No. 2004-566.
120312 - Cole/Schmitt
that communication from Senior Planner transmitting request of David Deeds to
rezone from "R-3" Multiple Residence District and "C-1" Commercial District to
"R -3,R -P" Planned Residence District property generally located along East 8th
and Lafayette Streets for the purpose of constructing neW single-family homes,
together with recommendation of Planning, Programming and Zoning Commission, be
received, placed on file and "Resolution setting date of hearing as September
13, 2004, at 5:30 p.m. in the City Hall Council Chambers On the above described
request", be adopted and City Clerk instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval of Mayor assigned No. 2004-567.
120313 - Schmitt/Welper
that communication from Senior Planner transmitting request of Brent and
Charlotte Williams to sell and convey for $750.00 property generally located
along Back Hawk Road, Huntington Park Lots 10 and 11, be received, placed on
file and "Resolution setting date of hearing as September 7, 2004 at 5:30 p.m.
in the City Hall Council Chambers on the above described request", be adopted
and City Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No., 2004-568.
120314 - Schmitt/Welper
that communication from Senior Planner transmitting request of Mary Gifford to
vacate, sell and convey for $1.00 an alley generally located between 1309 and
1317 West 11th Street, together with recommendation of ;approval of Planning,
Programming and Zoning Commission, be received, placed oti file and "Resolution
setting date of hearing as September 7, 2004, at 5:30 p.m. in the City Hall
Council Chambers on the above described request", be adopted and City Clerk
instructed to publish notice of same. Ayes: Six. Nays: Gunderson.
Resolution adopted and upon approval of Mayor assigned No 2004-569.
120315 - Schmitt/Welper
that communication from Senior Planner transmitting reglest of Bill Ramsey to
vacate, sell and convey for $1.00 a portion of right-of-way generally located
on Home Park Boulevard, south of Lot 12 and the west 20 feet of Lot 13 in Lewis
Miller's Small Farms Addition, together with recommendation of approval of the
Planning, Programming and Zoning Commission, be receiv0d, placed on file and
"Resolution setting date of hearing as September 7, 2004, at 5:30 p.m. in the
City Hall Council Chambers on the above described request", be adopted and City
Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval of Mayor assigned No. 2004-570.
120316 - Schmitt/Welper
that communication from Senior Planner transmitting regiest of NCN Limited to
vacate, sell and convey for $1.00 city right-of-way generally located northeast
of the former Winterbottom building along Westfield Avenue, be received, placed
on file and "Resolution setting date of hearing as September 7, 2004, at 5:30
p.m. in the City Hall Council Chambers on the above described request", be
adopted and City Clerk instructed to publish notice of sme. Ayes: Seven.
Resolution adopted and upon approval of Mayor assigned N. 2004-571.
August 23, 2004 Page 6
DOCUMENTS
120317 - Cole/Kincaid
that communication from Leisure Services Director transmitting agreement with
InVision Architecture at a cost of $27,700.00 to provide design, construction
documents and construction administrative services in conjunction with Iry
Warren Memorial Golf Course Pro Shop Renovation Project, be received, placed on
file and "Resolution approving said agreement", be adopted and Mayor authorized
to execute same.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Greenwood stated he will not support this motion. Iry Warren
Memorial Golf Course Pro Shop is a public facility, and there are private
businesses in town paying taxes on their facilities which provide the same
services. Councilperson Greenwood stated he favors the plan submitted to
renovate the pro shop at a cost of $50,000. Councilperson Greenwood stated the
city will receive no revenue nor return on its investment, or he would vote for
the project. Councilperson Greenwood stated that just because there is
$325,000 in the Golf Improvement Fund he doesn't feel we need to spend it on
one project, and he does not think in reality we need this renovation.
Mayor Hurley stated that the project has been discussed by the Building &
Grounds Committee and we approved spending $70,000 on playground equipment, and
what return of investment do we receive on that equipment. Mayor Hurley stated
there are some things cities do to prorate their assets and assure quality of
life.
Councilperson Welper stated he understands Councilperson Greenwood's concerns,
but understands this project has already gone through two council committees.
Councilperson Welper stated that as a city he feels we need to provide services
the citizens want.
Councilperson Schmitt agreed with Councilperson Welper. The project has been
through the Golf Improvement Committee, the Leisure Services Commission, and
council's Finance and Building & Grounds Committees, all open meetings.
Councilperson Schmitt stated that Boards and Commissions members do the leg
work for the council and make recommendations to the council.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Nays: Greenwood.
Resolution adopted and upon approval of Mayor assigned No. 2004-572.
120318 - Cole/Kincaid
that communication from Associate Engineer transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $54,787.65 from Ti -Zack Concrete,
Inc. of LeCenter, Minnesota, in conjunction with F.X. 2005 Sidewalk Repair
Assessment Program - Zone 4, Contract No. 679, be received, placed on file and
"Resolution approving said documents", be adopted and Mayor and City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-573.
120319 - Cole/Kincaid
that communication from Associate Planner transmitting Release of Real Estate
Mortgage with Michael C. Hollen in conjunction with full payment of loan for
The Gallery, be received, placed on file and "Resolution approving said Release
of Real Estate Mortgage", be adopted and Mayor and City Clerk authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-574.
120320 - Cole/Kincaid
that communication from Associate Planner transmitting request of Henry and
Loren Wellnitz for tax exemptions on improvements totaling $32,364.00 for
property located at 2142 Logan Avenue in the Consolidated Urban Revitalization
Area, together with recommendation of approval, be received, placed on file and
"Resolution approving said application", be adopted and City Clerk instructed
to forward same to County Assessor. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-575.
• •
• •
August 23, 2004 Page 7
DOCUMENTS CONTINUED
120321 - Cole/Kincaid
that communication from Associate Planner transmitting ,request of Gary and
Trudy Conner for tax exemptions on improvements totaling $135,800.00 for
property located at 160 Sabrina Circle in the Consolidated Urban Revitalization
Area, together with recommendation of approval, be received, placed on file and
"Resolution approving said application", be adopted and City Clerk instructed
to forward same to County Assessor. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No.:2004-576.
RESOLUTIONS TO BE ADOPTED
120322 - Greenwood/Kincaid
that "Resolution renaming public street generally located south of West 4th
Street in the area west of Ansborough Avenue from Ridgeview Court to Kent
Circle", be adopted. Ayes: Seven.
Resolution adopted and upon approved by Mayor assigned No. 2004-577.
120323 - Greenwood/Kincaid
that "Resolution naming a private street generally locatjed south of E. Orange
Road and east of Dublin Drive as Donegal Circle", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-578.
120324 - Greenwood/Kincaid
that "Resolution establishing a uniform policy regarding the lowering of flags
to half staff at City of Waterloo buildings", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No., 2004-579.
120325 - Greenwood/Kincaid
that "Resolution forgiving demolition costs in the amount of $49,412.00 for 319
West 4th Street (former Devil's Den) and rescinding Resoli4tion No. 2004-105", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No, 2004-580.
ORDINANCES TO BE ADOPTED
120326 - Kincaid/Cole
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by repealing At Large, of Section 511A-1, Definitions, of
Article A, Dogs and Cats, of Chapter 1, Animal Control, of Title 5, Police
Regulations; and enacting in lieu thereof a new At Large, of Section 5-1A-1,
Definitions, of Article A, Dogs and Cats, of Chapter 1, Animal Control, of
Title 5, Police Regulations", be received, placed on filed, considered and
passed for the first time.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Clark stated that he was the author of proposed language changes
when this was started about seven months ago. First he offered the minor
language change "or other physical means", which failed. The city was again
contacted that at large animals continued to be an issued, and he again brought
it to the council with some changes, with the main amphasis to remove the
regulation allowing "voice control" to "physical control," Councilperson Clark
stated he believes the animal owner should have physical control at all times
whether at their home or at a city park. The proposed language changes again
failed. Councilperson Clark stated another meeting was Meld with the neighbors
with other council members in attendance. Another ordinance was proposed with
language that would have required a maximum six foot retraining device, which
he supported. This requirement was then removed from the proposed ordinance.
Councilperson Clark stated he feels if the council adopts the ordinance without
the six foot maximum length requirement, that we are removing the most
important part of the ordinance. With no length limit, we are saying its okay
for dog owners to have their animals at events such as j'riday'Loo on a 50 foot
piece of rope. Councilperson Clark stated that hardware stores mostly sell
leashes in six feet lengths. Councilperson Clark stated this ordinance is
written to make exceptions for enforcement. Councilpersdn Clark noted that
August 23, 2004 Page 8
ORDINANCES TO BE ADOPTED CONTINUED
discretion can be used when enforcing laws, as some laws are made to protect
the innocent. Councilperson Clark stated at six feet the animal owner has
control, but if the council extends the distance it will allow some to take
advantage and have the animal on as long of a physical restraining device as
they want. Councilperson Clark stated no one can control an animal at 20 feet.
Councilperson Clark stated he will not support the ordinance as written as he
strongly feels we need the six feet maximum length requirement.
Councilperson Gunderson stated that the ordinance regulating animals in city
parks requires a six foot restraint, which would address Friday'Loo.
Councilperson Gunderson stated he still feels the city is writing an ordinance
for a small amount of our residents who do what they want. Councilperson
Gunderson stated this ordinance will restrain dogs in some areas and allow them
to walk without a six foot restraint.
Councilperson Welper stated he agrees with Councilperson Clark. Councilperson
Welper commented the letter from Animal Control states there are other things
to address in the ordinance, but he will support this ordinance at this time.
Following comments a vote was taken on the above motion with the following
result. Ayes: Five. Nays: Greenwood, Clark. Motion carried.
120327 - Schmitt/Gunderson
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Nays: Clark. Motion carried.
120328 - Schmitt/Kincaid
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by repealing At Large, of Section 5-1A-1, Definitions, of
Article A, Dogs and Cats, of Chapter 1, Animal Control, of Title 5, Police
Regulations; and enacting in lieu thereof a new At Large, of Section 5-1A-1,
Definitions, of Article A, Dogs and Cats, of Chapter 1, Animal Control, of
Title 5, Police Regulations", be considered and passed for the second and third
times and adopted.
Prior to a vote on the above motion the following comments were heard.
Sue Albright, 1516 Woodmayr Drive and a member of the Public Defender's office,
stated she feels the way the ordinance is written is overbroad. This ordinance
punishes all residents just the same as the council wanting to punish those not
responsible. Requiring an owner wanting to walk their dog to have it on a
leash is not fair. Ms. Albright stated she understand people can be more
frightened of here Roteweiler than her neighbor's poodle. Ms. Albright
explained that a woman jogs on the dike by her house with two dogs who never
leave her side, and this ordinance will keep that woman from feeling secure.
Ms. Albright stated just because a dog is on a leash doesn't mean the owner has
it under control because if the dog does not obey voice command, the owner will
have a hard time controlling it. Ms. Albright stated those not obeying now
will not obey because of the ordinance. Ms. Albright stated to reach those
people, the council needs to put a law in effect that won't just fine them or
increase the fine. We need to put in the ordinance that either after four or
five violations the owner will be put in jail or the animal will be seized.
Ms. Albright stated this ordinance will punish those with an old dog the same
as someone with a younger dog. Ms. Albright stated the city is going about
this the wrong way and suggested increasing the punishment to get the attention
of those not obeying the laws.
Mayor Hurley stated that over the past several months the ordinance has been a
work in progress, and the city is going in the right direction. Mayor Hurley
stated that the practically of the Waterloo Code of Ordinance, he could not
hire enough police officers, code enforcement officers or animal control
officers to be proactive. The city is in a reactive mode, and this ordinance
is a step in the right direction to help animal control enforce the ordinance.
We are trying to increase our consciousness and behavior for good dog owners.
Mike Goings, 1203 West 2nd Street, supported Councilperson Clark. Mr. Goings
stated he has kids which is a factor if a 50 feet leash is allowed. Mr. Goings
asked the council to reconsider, if a six foot leash is required in city parks
why not on public sidewalks.
Don Gibson, 203 Fairfield Street, stated he has two dogs, and he is sick and
tired of regulations put on him because of other people. Mr. Gibson asked the
council to regulate them and not him.
• •
• •
August 23, 2004
ORDINANCES TO BE ADOPTED CONTINUED
Page 9
Councilperson Cole stated she is astonished at the outcrywhich has arisen from
this issue across the board. Councilperson Cole encouraged citizens to become
this involved when the city does the budget.
Councilperson Welper stated the council keeps hearing we are penalizing and
punishing responsible dog owners, but the council's responsibility is to care
for our citizens.
Following comments a vote was taken on the above moti*n with the following
result. Ayes: Five. Nays: Greenwood, Clark.
Ordinance adopted and upon approval by Mayor assigned No. 4711.
NEW BUSINESS
120329 - Clark/Kincaid
that communication from Senior Planner transmitting request to vacate a portion
of sidewalk generally located along Washington Street east of Park Avenue,
together with recommendation of approval of Planning, rogramming and Zoning
Commission, be received, placed on file and "Resolution setting date of hearing
as September 20, 2004, at 5:30 p.m. in the City Hall Council Chambers on the
above described request", be adopted and City Clerk instructed to publish notice
of the same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-581.
120330 - Clark/Kincaid
that communication from Senior Planner transmittingamendment to Zoning
Ordinance, Ordinance No. 2479, as amended, as it pertain$ to accessory building
regulations, together with recommendation of approval of Planning, Programming
and Zoning Commission, be received, placed on file and "Resolution setting date
of hearing as September 20, 2004, at 5:30 p.m. in the City Hall Council
Chambers on above described request", be adopted and City Clerk instructed to
published notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned Np. 2004-582.
120331 - Clark/Kincaid
that communication from Senior Planner transmitting amendment to Zoning
Ordinance, Ordinance No. 2479, as amended, as it pertains to sign regulations,
together with recommendation of approval of Planning, Programming and Zoning
Commission, be received, placed on file and "Resolution setting date of hearing
as September 20, 2004, at 5:30 p.m. in the City Hall Cojuncil Chambers on above
described request", be adopted and City Clerk instructed to published notice of
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned N4. 2004-583.
120332 - Kincaid/Schmitt
that the Leisure Services Director be instructed to prepare plans,
specifications, form of contract, etc. in conjunction with Spring View Park
Playground Equipment Project, be received, placed on file and approved. Ayes:
Seven. Motion carried.
120333 - Kincaid/Schmitt
that plans, specifications, form of contract, etc. in conjunction with Spring
View Park Playground Equipment Project, be received and, placed on file. Ayes:
Seven. Motion carried.
120334 - Kincaid/Cole
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Paul Huting, Leisure Services Director, reported that Spring View Park is
located off of Newell Street, and all of the climbers equipment has been
removed. The total estimated cost for the project is $it0,000, including safety
surface and border. A bid in the amount of $33,000 has been received for the
play equipment.
August 23, 2004
Page 10
NEW BUSINESS CONTINUED
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. 2004-584.
120335 - Kincaid/Schmitt
that "Resolution setting date of hearing on plans, specifications, form of
contract and award of bid to Gazaway & Associates in the amount of $33,000.00,
as September 7, 2004, at 5:30 p.m. in the City Hall Council Chambers", be
adopted and City Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-585.
ORAL PRESENTATIONS
120336 - Mike Goings, 1203 West 2nd Street, distributed pictures to the council. Mr.
Goings reported that he has lived in the 1200 block of West 2nd Street for over
25 years. In 1997 the city replaced the sewer and street on West 2nd Street
from Baltimore to Denver Streets, and then he got flooded. The city replaced
his approach. Mr. Goings reported he has been in contact with the Street and
Engineering Departments. In 2000 he called the city in reference to flooding
and was told the city used the 50 year flood rather than the 100 year flood,
and he was told there is nothing the city can do until they redo the street but
to keep calling. Mr. Goings stated in June 2000 the council directed the
Police Department to write "no parking on the parking" tickets, and there was
quite an outcry. Last week he received a ticket for parking on the middle of
the concrete slab. Mr. Goings reported he was told that Captain Pillack asked
officers to write tickets when they are not busy. Mr. Goings stated there were
no complaints about the cars parked on the concrete. Mr. Goings asked the
council to have the Police Department put a moratorium on writing tickets for
parking on the concrete unless there are dangerous circumstances. Mr. Goings
reported their street floods, and when they are parked on the street water
seeps into their cars. Mr. Goings asked the council to put a hold until these
tickets until the Traffic Ordinance is changed.
Mayor Hurley stated he will take Mr. Goings' suggestion under advisement and
talk with the council. Mayor Hurley asked why Mr. Goings parks on the concrete
slab rather than the driveway. Mr. Goings responded there is not a lot of room
between his house and the car's doorway. Mayor Hurley stated that the reason
for enforcement is not to harass citizens but for visibility, line of sight and
use of sidewalks. Mayor Hurley asked Eric Thorson, City Engineer, to forward
the history on Mr. Goings' property to him.
Councilperson Welper reviewed his neighborhood association's cleanup over the
past years. Councilperson Welper stated this is the third year for the
neighborhood taking refuse to the Waste Management site, which has proven to be
cleaner, easier and faster. This year the neighborhood had help from the
Department of Corrections with their Renaissance Plan, and six young men helped
them this past Saturday. These men not only were gentlemen but good working
and gave 110 percent all day long. Councilperson Welper acknowledged the six
young men and recognized Linda Tyson for her appreciation and kindness.
Councilperson Welper stated it gives him great pleasure to work with a few
hundred people who really don't know each other working for the common good,
not only for the neighborhood, but for the entire city to clean it up.
Clark/Schmitt
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
120337 - Clark/Schmitt
that the Council adjourn to Executive Session at 6:47 p.m. Ayes: Seven.
Motion carried.
EXECUTIVE SESSION
Jim Walsh, City Attorney, stated that discussion of acquisition of properties
as part of the Ansborough Avenue Interchange Project is an approved topic of
Executive Session pursuant to Iowa Code Section 21.5(1)(j) (2003).
120338 - Welper/Kincaid
that the Council adjourn Executive Session at 6:55 p.m. Ayes: Seven. Motion
carried.
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August 23, 2004 Page 11
120339 - Schmitt/Cole
that staff be authorized to proceed. Ayes: Seven. Motion carried.
ADJOURNMENT
120340 - Welper/Gunderson
that the Council adjourn at 6:56 p.m. Ayes: Seven. MotiDn carried.
rejt.047
Nancy Edkert, CMCJ
City Clerk