Loading...
HomeMy WebLinkAboutMinutes-07/17/2000• • July 17, 2000 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, July 17, 2000. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Councilperson Jerry Anders. Jordan now present at 5:33 p.m. Pledge of Allegiance: Jeffrey Robbins, Airport Director. ORAL PRESENTATIONS 114039 - David Harris, 1637 Lafayette Street, stated that the biggest complaint about the cab company is the condition of the cabs as they are very unkempt. Mr. Harris stated that there was an incident where the brakes went out in his cab, and Yellow Cab told him to keep working for 12 hours or he would lose his job. Tom Hall, 1637 Lafayette Street, stated that he was at the City Clerk's office applying for a cab company license, and the application form requires the signature of three individuals who know you, plus liability insurance. Mr. Hall stated that no one will give him insurance, that they turned him down. Mr. Hall stated that $3,600.00 is too high to pay for insurance. Mr. Hall would like someone to find out what is going on. The resident at 831 Fletcher Avenue stated that he lives on a street where one of the neighborhood parks is located. He stated that the neighborhood park is one of the reason that he moved into his home. He stated that he was told the city owns the park. He stated that his neighbors have uniformly decided not to do anything, and their position has not changed. He stated that they do not have any interest in taking over the park, and that it is up to the city to find out who owns the parks. Neil Samuel, 514 Kingbard, stated that it is not in the best interest of the city to pass on the neighborhood parks. Mr. Samuel stated that there is an alley surrounding the property in question. He stated that the city cannot provide a legal description, and asked who will do the survey to come up with the legal descriptions for the parks. Mr. Samuel stated that future buyers will not be interested, and he doesn't think he will be able to get insurance attached to his homeowners insurance. Mayor Rooff stated that the neighborhood parks will be discussed at the July 24, 2000 council meeting. Mayor Rooff stated that Black Hawk County is forcing the city's hand. Mr. Samuel stated that two or three years ago the city had no interest in the parks because the parks were not owned by the city. Mr. Samuel stated that he has been informed that if the city disposes of any parks, they must replace them somewhere else. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 114040 - Jordan/Gronen that the Agenda, as amended to add Item Nos. 13a and 17a, for the Regular Session on Monday, July 17, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 114041 - Jordan/Krizek that the Minutes, as proposed, for the Regular Session on Monday, July 10, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. PETITIONS FROM PUBLIC 114042 - Krizek/Jordan that communication from City Engineer transmitting request of Phillip G. Caldwell for a waiver for an asphalt driveway to be located at 209 Candlewick Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-399. July 17, 2000 Page 2 PETITIONS FROM PUBLIC CONTINUED 114043 - Krizek/Jordan that communication from City Engineer transmitting request of Ryan J. Mostek for a waiver for an asphalt driveway to be located at 3266 Hammond Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-400. 114044 - Krizek/Jordan that communication from Assistant City Planner transmitting request of Eric Johnson on behalf of David and Stephanie LeCompte to rezone from "R-1" Residence District to "R -1,C -Z" Conditional Residence District property generally located behind Platt's and K -Mart on University Avenue between South Hackett Road and Progress Avenue, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 21, 2000, 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. 2000-401. 114045 - Krizek/Jordan that communication from Assistant City Planner transmitting request of Floyd Junker for a site plan amendment to the "C -Z" Conditional Zoning District for property located at 1209-1213 Mulberry Street to allow outside storage be received, placed on file and "Resolution setting date of hearing as August 7, 2000, 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. 2000-402. 114046 - Krizek/Jordan that communication from Assistant City Planner transmitting request of Ethel Holmes to vacate a portion of the easement generally located north of Wakonda Drive along the easterly side of Lot 6 in Greenbrier Second Addition, together with recommendation of denial of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 14, 2000, 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. 2000-403. 114047 - Krizek/Jordan that communication from Assistant City Planner transmitting request of Larry Lemke to change the Deed of Dedication of Granger 2nd Addition to allow Lot 135 generally located north of the Cul-de-sac of Colby Road and south of Olympic Drive access to Olympic Drive, be received, placed on file and "Resolution setting date of hearing as August 14, 2000, 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. 2000-404. 114048 - Krizek/Jordan that communication from City Engineer transmitting request of John Fellmer of A Plus Flea Market for permission to park on the parking in his driveway on West 6th Street to load and unload vehicles, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-405. REPORTS 114049 - Krizek/Getty that communication from City Clerk transmitting June 2000 Financial Report, with total revenues in the amount of $13,343,310.03 and total expenditures in the amount of $10,824,949.77, be received and placed on file. Ayes: Seven. Motion carried. • • July 17, 2000 DOCUMENTS 114050 - Gronen/Murphy • • Page 3 that communication from Fire Chief transmitting a one-year 28E Agreement with Cedar Township to provide fire and ambulance services, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-406. 114051 - Gronen/Murphy that communication from Fire Chief transmitting a one-year 28E Agreement with East Waterloo Township to provide fire and ambulance services, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-407. 114052 - Gronen/Murphy that communication from Assistant City Planner transmitting Final Plat for Audubon Heights Second Addition, together with Certificate of Survey and Deed of Dedication, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-408. RESOLUTIONS TO BE ADOPTED 114053 - Anders/Krizek that "Resolution accepting and dedicating Schukei Road extension as public street right-of-way", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-409. 114054 - Anders/Krizek that "Resolution abandoning all future plans for street extensions for the portion of the recorded plat east of Tract A generally located north of the Schukei Commercial Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-410. 114055 - Jordan/Murphy that "Resolution accepting depot building from Silos and Smokestacks for $1.00 to be used as a Youth Pavilion pending Waterloo Development Corporation's Final Downtown Plan, and subject to approved contract language", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Rooff stated that the contract language indicated we would pay Community Foundation back $213,000 on behalf of those who donated money. Community Foundation raised money to pay lien to the National Trust for Historic Preservation. Mayor Rooff stated that the Waterloo Development Corporation and those that want a Youth Pavilion both have designs on the depot building. If the depot building is not used for a Youth Pavilion, the building will revert back to Silos & Smokestacks, and they will sell the building and pay Community Foundation $213,000 and the city $150,000. Jim Walsh, City Attorney, stated that the language in the contract right now will obligate the city to pay $213,000 for the property. Ross Christensen, Chairperson of Silos & Smokestacks, stated that an agreement between the city, Community Foundation and Silos & Smokestacks guarantees Community Foundation will be covered. A second agreement between Community Foundation and Silos & Smokestacks in essence says Silos & Smokestacks will assume responsibility to reimburse Community Foundation if the depot is not used as a Youth Pavilion. Mr. Christensen stated that right now the interest in the building is for a Youth Pavilion, but it is possible there is a better use for the building, and in that case the Youth Pavilion would be located at the Waterloo Center for the Arts. Mr. Christensen stated that $213,000 is dedicated for the Youth Pavilion. Mr. Christensen stated that the first mortgage is shared by the city and the National Trust for Historic Preservation, and they will need a release of mortgage. July 17, 2000 Page 4 RESOLUTIONS TO BE ADOPTED CONTINUED Mayor Rooff stated that the city really doesn't know what the building will be used for right now as the contract is written. Mr. Walsh stated that the contract says if the building is not used for a Youth Pavilion, the city would pay Community Foundation $213,000. Mr. Christensen stated that the building is worth over $700,000, and there is no doubt a buyer would be willing to pay $350,000. Mr. Christensen stated that he does not see any risk for anyone. Mayor Rooff stated that the intent is for the building to be used for a Youth Pavilion, and if it is not used for a Youth Pavilion, the city has the option of selling the building and repaying Community Development or we could deed the depot building back to Silos & Smokestacks, and they would be responsible for repaying Community Foundation. Mayor Rooff stated that the Waterloo Development Corporation is looking at other possibilities for the building. Mr. Christensen stated that they told the National Trust for Historic Preservation that it would be awhile before the loan would be repaid to them, and on June 30, 2000 the National Trust for Historic Preservation said they would foreclose on the property to recover the loan. Mr. Christensen stated that this item was not on the council agenda last week, so the Community Foundation had to go ahead with paying the National Trust for Historic Preservation. Mr. Christensen reported that about $2.4 million has been raised for the Youth Pavilion. Councilperson Getty asked when the agreement will be in writing, and Mayor Rooff answered on Thursday morning. Mayor Rooff stated that this resolution authorizes us to accept the depot building subject to contract language. Councilperson Anders asked if the contract language will relieve the city of $213,000. Mr. Christensen stated that someone has to agree to reimburse Community Foundation that money. Mr. Christensen stated that the depot building will belong to the city, and if the city does not use the building for a Youth Pavilion, this assures the donors that they will get their money back. Councilperson Jordan asked if this will be cleared up by Thursday morning. Mr. Christensen stated that this has been going on since November, and that there was a public hearing. Mr. Christensen stated that he can't understand the confusion, and he keeps wondering why the council puts it off. Mr. Christensen stated that this is a building that the city and state invested over $700,000. Mr. Christensen asked where is the risk. Mr. Christensen stated that we talk about the plans of the Waterloo Development Corporation, but if everything we do is going to take this long then this city will look like this in ten years. Councilperson Berry stated she feels the council should approve this resolution. Mr. Christensen stated that as part of the agreement between Silos & Smokestacks and Community Foundation, there will be a private third party to cover all the basis. Councilperson Anders commented that it has been stated that Community Foundation is covered by the language, and it appears the contract language will cover the citizens. Krizek to call the question. Ayes: Seven. Motion carried. 114056 - Councilperson Getty stated that he does not want to enter into an agreement that is not in front of him. Mayor Rooff stated that nothing will be signed before the contract comes back to the council. Councilperson Getty stated that the council has not been kept in the loop of this item, and now they want the council to vote on it. A vote was taken on the resolution with the following result. Ayes: Five. Nays: Gronen, Getty. Resolution adopted and upon approval by Mayor assigned No. 2000-411. • • July 17, 2000 BILLS PAYMENT 114057 - Krizek • • Page 5 that "Resolution approving Schedule AP640, pp. 1-108, dated July 17, 2000, in the amount of $1,846,277.90, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-412. NEW BUSINESS 114058 - Anders/Jordan that communication from Fire Chief transmitting request to seek Request for Proposals to provide ambulance billing services be received, placed on file and "Resolution authorizing said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-413. 114059 - Anders/Jordan that communication from City Planner transmitting recommendation of appointment of Wade Wagoner to the position of Senior Planner, effective July 18, 2000, be received, placed on file and approved. Ayes: Seven. Motion carried. 114060 - Anders/Jordan that communication from Superintendent of Water Pollution/Flood Control transmitting recommendation of appointment of Gary Luck, Jr. to the position of Collection Systems Maintenance Foreman, effective July 18, 2000, be received, placed on file and approved. Ayes: Seven. Motion carried. 114061 - Anders/Jordan that communication from Mayor Rooff transmitting recommendation of the following appointments to the Community Development Board: Gary Rankin, with term expiration date of March 1, 2002, and Jean Franklin, with term expiration date of March 1, 2003, and reappointment of Wilfred Johnson, with term expiration date of March 1, 2003, be received, placed on file and approved. Ayes: Seven. Motion carried. TRAVEL REQUESTS 114062 - Berry/Getty that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Louis Cutwright, Jr., Building Official, to attend the 78th Annual Education & Code Development Conference in San Francisco, California, on September 4- 9, 2000, with costs not to exceed $2,290.00. 2. Walter Reed, Jr., Human Rights Director; Leila Granger, Human Rights Commissioner; and Rebecca Johnson, Human Rights Specialist, to attend HUD Fair Housing 2000 Training Conference in San Antonio, Texas, on July 24-28, 2000, with costs not to exceed $4,052.00. Ayes: Seven. Motion carried. MISCELLANEOUS 114063 - Getty/Jordan that the following beer and liquor license permit application be received, placed on file and approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department, and the following applications for cigarette license permit, be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C B.J.'s Bar & Billiards, 110 Ida Street (Renewal) (Expires 7/30/01) (Includes Sunday Sales) 2. Application for Cigarette License Permit Eighty-five (85) Ayes: Seven. Motion carried. July 17, 2000 Page 6 BONDS 114064 - Anders/Jordan that the report of the City Attorney and list of bonds filed with the City Clerk through July 17, 2000, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 114065 - Jordan/Gronen that the Council adjourn at 6:16 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk • •