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HomeMy WebLinkAbout08/27/2013 Special Council Minutes CITY OF FAIRFAX SPECIAL CITY COUNCIL MEETING AUGUST 27, 2013 The special meeting of the Fairfax City Council was held Tuesday, August 27, 2013, at Fairfax City Hall. Mayor Rabe called the meeting to order at 6:00 PM. Council members present: JoAnn Beer, Bernie Frieden, Travis Otto, Marc Magers, and Marianne Wainwright. Other city staff present: Cynthia Stimson. Discussion was held about the correct procedure for the meeting, based on input from the city attorney. Motioned by Beer, seconded by Frieden to approve the agenda. Ayes: Beer, Frieden, Otto, and Wainwright. Nays: Magers. Motion carried. Motioned by Beer, seconded by Otto to approve RESOLUTION 2013-59, A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,485,000 GENERAL OBLIGATION CORPORATE PURPOSE AND REFUNDING BONDS, SERIES 2013, PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME AND PROVIDING FOR PREPAYMENT OF OUTSTANDING GENERAL OBLIGATION NOTES. Roll call vote: Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays: none. Motion carried. Mayor Rabe declared RESOLUTION 2013-59 duly adopted. Mayor Rabe opened a hearing concerning an appeal of a Notice to Remove a Dangerous Animal issued to Joseph and Amelia Hafermann, 408 Driftwood Lane, at 6:04 PM. Marc Magers stated that based on the fact that the information in front of the City Council states that the dog is a mixed breed and the Iowa Supreme Court's decision that an ordinance with mixed breed wording is too vague, he feels the City Council should not discuss the issue. David and Susan Sunstrom, 413 Creek Side Drive, are backyard neighbors to the Hafermanns and were present to discuss the dog issue. They stated that the dog looks like a pit bull and has aggressive dog characteristics. The dog has charged the fence line while they were out in their back yard, barked, and showed aggressive behavior. They stated that Hafermanns have installed a higher than usual chain link fence and Sunstroms feel this indicates that Hafermanns know the dog is aggressive. Joseph and Amelia Hafermann were present to discuss their dog. They have submitted a letter from their vet, a letter from their dog trainer, and other documentation. They stated that their dog is well mannered and gets along great with their other animals. They have sent her to obedience training. The city clerk asked Hafermanns if they would be willing supply the results of the DNA testing they had done on their dog. They stated that they decided not to have this test completed. The city clerk also made sure they are aware of the leash requirements in Fairfax. They stated that they are and that they will follow this requirement. Mayor Rabe and the City Council members explained that the City has received information from our attorney today that recommends they not take action concerning the Notice to Remove a Dangerous Animal issued to Joseph and Amelia Hafermann at this time. The City of Fairfax will be reviewing the current ordinance and considering revisions to make the wording enforceable according to the Iowa Supreme Court's decision. This topic will be on the October 8, 2013, agenda. Motioned by Magers, seconded by Wainwright to adjourn the meeting. Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays: None. Motion carried. Mayor Rabe adjourned the meeting at 6:31 PM. Mayor Jason Rabe City Clerk/Treasurer Cynthia Stimson Disclaimer: The foregoing minutes are not official until approved by the City Council. i STATE OF IOWA Counties of Linn and Johnson ss, LEG sr E6sir r a�i=>i1-11 l Tim McDougall, do state that 1 am the publisher of"I'I IL GAZETTE, a A'L try� u�cl��n �rara a AUrGUS 2 The speclal meeting thea�rt city daily newspaper of general circulation in Linn and Johnson Counties, in eoumc�I was Held Tue�davr Augrst 2?, 2x,113 at Fairfax Clty Hau fwlavor Rabe Iowa. The notice, a printed copy of which is attached, was inserted and ca Pled tlho meeting to aCder a9 06 Ph/: `Coumcal members Oesenf. IoAnii published in THE GAZETTE newspaper in the issue(s) of August 30, keen Bernie Frieder Travls t7ito; Marc M.aders and Marianne Sham- �� var`r hfrF Qther.citY..sfaff Prese{it: CV.= nthia�iixtsson Dsce¢asiran[':vras 13. held-6out the correct in Ufff4&!or the meotmg Based an The reasonable fee for publishing Said notice 15 5{�.57 in pafttrom€he dtV attorney. moffoned "by Deer seconded by Ftie dor to,ldo!rova:tfso agenda. Ayes: BeerFrio ed,..f7tto,:and wainwrrf9hf, Nays M.ogdts Motion carried, MoHond y Beer,sadonder by:©ffo td'. approve RESdLUTfgN 2013-591 A; ResoLUTION AUT1iQI IC,;; Th3E. PSSUANCE`Dt i2,d$SrdUQ CxENERAi CtRLIGAT10 CO W P A rG F Ufa PDSe 'ANW:AE,PUNCYI Eta 1D51; S�RlES;2g13,CsRDVll�it�t�il�i�i�' Irii� L5Vk r rAi r� aY �is SAME,ANO, PI�C7�vY711V� CtR'FARE PAYE+ ENr i�P 6tJiS ANkglhtG: G5NEKAL17BLrC>11 AT[tliy NbT " otW rail vats Ayes: Beer Frieden, :£Yrttt tN'agars,'and ihlaimwrt9ht. NaM Home, ATsnrion catrred_ Maydt Rabe': declared RESOLUTION 2013=59 dufu' adolnled.; Mayor Rite opened a hearing con-:: 'cermlrtg_ai'k aPpeat of a Notice-.;to fie imbvo.6Yanger'ous Anlmat issued ta' :fcase�t�.=�iiif,'Ame(Pa!Haterrnann, aj1B' Dr[f�woitti�a 1.d;h4 Pt414, 14taN°c d�6agtlrs stated that teased:en the; teat W. r1on rn front of the: gid, tva�r;,i.MMil. atesthe dog .s a This instrument was acknowledged by Tim McDougall before me on. x u neat ttri ed and the low.a Supreme: Couurt's dL'6sNn thatan ordinance wttfi' August 0, 2�13. mixed tsr.oed worOid.9 is too.vagnue,he' � o+!.1tte,C3x�ounci4 should nol;discuss' Phe issue: ' r David anti;Susan 5unstrottr 413 Creek Sido Drlyxb,are bacicard lldtsribors 'Ihe Haferrnahns aGtd;tiVere hre;�dt>t Po; � ,,� x discuss the dn0 rssue,' tYteV�tat�d that; }, • ;grassive.dap pharadrgrY�tPes• '7tre drr� .. has dl,argd tris gni a tinafblPe ouC.fn ar they; Nota Public in and for the State of Iowa wVere rheic'back Vardr.bked,; and shoved a59re5sove behavior..: Fhev staffed that H'dfermanns nave in- stMed a higher than usual chain link fob ca attd sunstroms feel this indicates: that ktafecinanns know the dog is ag.= JosopEl=and,AmeliaiHafermanh were. prowm.o discrass 'ihecr dog_ Tbev h.dvev.sut7mE€ted a€utter frem.thoir Vol, a�.affer-koM thefr dog framer, and other dactimentaRrart= They.06Q that their dog:rs well Mannerad and gets: i alomg gV � wkiti chart other animals.- TttaV have sent her Va ohedien tram o v' of E iY ilt�pct eian� l