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HomeMy WebLinkAboutMinutes-07/24/2000• • July 24, 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 24, 2000. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Reverend David Van Nettin, Grace Reformed Church. Pledge of Allegiance: Reed Craft, General Manager of Waterloo Water Works. ORAL PRESENTATIONS 114066 - Ron Norris, Cedar Terrace, reported that he appeared before the council on July 10, 2000 regarding the property at 147 Oakridge, and he has not received a response back. Fire Chief Frank Magsamen reported that the Fire Department has been reviewing this property on a weekly basis. Chief Magsamen stated that he has talked to Black Hawk County, and he now has the name of the attorney handling the property and requested information on any hazardous materials in the building. Chief Magsamen stated that there is no documentation that there is hazardous materials, only hearsay. Chief Magsamen reported that the property has been vacant for several years, and that Black Hawk County looked at the property in 1998 and did not find anything. Mayor Rooff asked who is responsible for tearing down the building. Chief Magsamen responded that 147 Oakridge is private property, and if there is hazardous material in the building the city will need documentation and go through the legal process. Chief Magsamen stated that at this time there is no documentation, and that is why he has contacted the attorney. Chief Magsamen stated that until Black Hawk County has something specific, we cannot do anything. When the city gets information, we will share the information with Black Hawk County. Mr. Norris stated that a lot of people are concerned but nothing is being addressed. Chief Magsamen stated that as soon as he gets the information, he will meet with the neighbors. Mr. Norris stated that a gentleman at Environmental Processing will give the information for a price. Charles Pearson, 1137 Ravenwood, stated that he formed the Downtown Athletic Club to market the Eastside. Mr. Pearson stated that he met with Police Chief Koehrsen and told him he wanted to market the Eastside. Mr. Pearson stated that he is working on holding the Summertime Groove on August 18-19, 2000. Mr. Pearson stated that he hasn't received any support from the city, that he asked for fire and police personnel, and they do not help. Mr. Pearson stated that people do not take the Eastside seriously. Mr. Pearson stated that he has not seen Mayor Rooff or Council Members at his events. Mayor Rooff stated that Mr. Pearson should visit with him. Mayor Rooff stated that he attends a lot of events, but he doesn't believe he has received information on these activities. Mayor Rooff stated that the city supports what Mr. Pearson is doing, but that the invitations are not getting to him. Mr. Pearson stated that when it comes to marketing businesses, it is hard, and that the city is not taking him seriously. Mr. Pearson stated that he is begging for help. Mr. Pearson stated that it has come to his attention that My Waterloo Days gives part of its profits to organizations. Mr. Pearson stated that he has heard that the city council is going to deny him his liquor license. Mr. Pearson stated that he has talked to Paul Huting and Tom Reardon at Leisure Services. Mr. Pearson stated that the African American Museum organizers go to Cedar Falls for funding. Mayor Rooff suggested that Mr. Pearson bring his liquor license before the council. Mayor Roof asked Mr. Pearson to contact Councilperson Berry and work with her. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 114067 - Jordan/Murphy that the Agenda, as proposed, for the Regular Session on Monday, July 24, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. July 24, 2000 Page 2 114068 - Murphy/Gronen that the Minutes, as proposed, for the Regular Session on Monday, July 17, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. HEARINGS 114069 - Anders/Jordan that proof of publication of notice of public hearing on the request of Robert Stabenow to vacate 2 feet of the platted 8 foot drainage and utility easement generally located at 1643 Hyperion Drive to build a garage, as published in the Waterloo Courier on July 17, 2000, be received and placed on file. Ayes: Seven. Motion carried. 114070 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Anders that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 114071 - Jordan/Murphy that "an Ordinance vacating 2 feet of the platted 8 foot drainage and utility easement generally located at 1643 Hyperion Drive", be received, placed on file, considered and passed for the first time. Ayes: Six. Nays: Getty. Motion carried. 114072 - Jordan/Anders that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Getty. Motion carried. 114073 - Jordan/Gronen that "an Ordinance vacating 2 feet of the platted 8 foot drainage and utility easement generally located at 1643 Hyperion Drive", be considered and passed for the second and third times and adopted. Ayes: Six. Nays: Getty. Ordinance adopted and upon approval by Mayor assigned No. 4425. 114074 - Jordan/Murphy that proof of publication of notice of public hearing on the conveyance of property known as Children's Neighborhood Park generally located in Kingbard Hill Addition Block 203 to adjacent property owners, as published in the Waterloo Courier on July 17, 2000, be received and placed on file. Ayes: Seven. Motion carried. 114075 - This being the time and place of public hearing, the Mayor called for written and oral objections. City Clerk Nancy Eckert reported that we received letters of opposition from John Holmes and Russell Candee. Mayor Rooff read the letter from Mr. Candee. Councilperson Getty submitted a letter he received from Donald Davidson regarding Kingbard Hill. Jim Hutcheon, 145 Derbyshire, reported he was one of the 15 persons who signed the Quit Claim Deed. Mr. Hutcheon stated that the neighbors were notified the county would put the property up for tax sale. Mr. Hutcheon stated that they held a neighborhood meeting. Mr. Hutcheon stated that their playground does not have equipment or picnic table. Mr. Hutcheon reported that some wanted the neighborhood park to stay as it is, but with the threat that someone could purchase it at tax sale 15 people decided to sign the Quit Claim Deed. Mr. Hutcheon stated that they want it to stay the same as it is. Mr. Hutcheon stated that however it is settled, they would rather it belong to the city but they do not want someone coming in and buying the park. Jim Walsh, City Attorney, reported that Mr. Donaldson's letter contains some of the information Mr. Holmes has already made the city aware of. Mr. Donaldson says the city owns the property and nothing needs to be done. Mr. Walsh stated that the city is willing to do what the neighbors want to do, and that it has been this way for 80 years. • • July 24, 2000 • • HEARINGS CONTINUED Page 3 Mayor Rooff asked if the city could get Black Hawk County to back off from the tax sale. Mayor Rooff stated that 40 people have signed the Quit Claim Deeds. Councilperson Getty asked what are the legal ramifications if the city is the legal owner. Mr. Walsh stated if the city wants to become the owner, Black Hawk County would do that or it could go to tax sale. Mr. Walsh stated that either we do nothing, the Quit Claim Deeds or let the property owners do what they want to do on their own. Councilperson Gronen asked who would be liable if someone would fall and get hurt. Mr. Walsh answered that it would not be the city, it would have to go to court. Mr. Walsh stated that the problem is the records do not show the owners. John Holmes presented an e-mail he received from Pete Burk, attorney for Black Hawk County, and Ken Teisinger at the Black Hawk County Assessors office. Mr. Burk states in his e-mail that he agrees with the analysis of John Holmes' letter of July 13, 2000, and that he thinks it should be left as Waterloo property until it is vacated. Mr. Burk feels this has a potential for creating a legal title nightmare for the adjoining property owners. Mr. Holmes stated that this all started when the Black Hawk County Assessor could not find someone's name on the property. She and others diligently searched the books looking for the city's name. Mr. Holmes stated that he gets paid to read abstracts, and after he examines the abstracts he writes opinions to buyers. Mr. Holmes stated that the Abstract Company produces an abstract after they look at the Recorder's office, not the Assessor's office. Mr. Holmes stated that people have been pondering does the city own the property. Mr. Holmes stated that if you ask the Abstract Company to do an abstract you would get back a surge of paper. Mayor Rooff stated that if the city is the owner and everybody in certain blocks want to buy, the city should sell the property. Mayor Rooff stated that if people in Mr. Holmes' block don't want to buy they do not have to agree to the Quit Claim Deed. Mr. Holmes stated that it is not that simple, that these properties are devoted for public use. Mr. Holmes stated that all the parks are listed on the plats as children's playgrounds owned by the public, and the city has title in trust. Mr. Holmes stated that the city cannot sell the property but they have to vacate to the abutting property owners. Mr. Holmes stated that during the vacation process the city determines who the abutting property owners are and vacates to them. Mr. Holmes stated that if the city goes forward with this plan, the city needs to vacate the alley first, then the triangle piece in the middle and then hire someone to do the legal description. Mr. Holmes stated that the city first has to vacate the property and ask if the public has any interest in the property. Mayor Rooff stated that if the city vacates the property rather than Quit Claim Deed, there could be other citizens interested. Mayor Rooff stated that the city does not have an opinion saying we own the property, and that the Assessor is the one with questions. Mr. Holmes stated that Vicki Atkins, Black Hawk County Assessor, is on vacation, and he believes when she sees the opinion from Peter Burk she will change her mind. Mr. Walsh suggested that the council table the Quit Claim Deeds for the neighborhood parks until Ms. Atkins decides she was wrong and we won't have to do anything. Mr. Holmes stated that the city should take each park one at a time, and if each says there is no benefit to the public, then you can vacate the property. If the public answers yes there is a benefit, then the property goes to the abutting property owners. Mr. Holmes stated that if the Black Hawk County Assessor does not agree with him, he will sue. The resident at 825 Fletcher stated that she has lived there over 30 years, and that most would like the neighborhood park to stay as it is. She stated that they all mow a portion of the area. She stated that there have been a few minor accidents, that her son broke his arm, and they did not sue. She stated that some have their own playground equipment. July 24, 2000 Page 4 HEARINGS CONTINUED Mayor Rooff stated that there are two options. Find out if the city owns the property. Or if the neighbors want the property and there are no objections, we could vacate the property and give to the abutting property owners. Mr. Holmes stated that the City Clerk sent out a letter on May 27, 1999, and that is the reason why people signed the Quit Claim Deed. Mr. Holmes read the letter received from the City Clerk. Councilperson Getty suggested that the City Attorney draft a letter to the Black Hawk County Assessor that the property is owned by the city. Mr. Walsh suggested that the council refer this back to the Black Hawk County Assessor. Jordan/Berry that Items 2, 3, and 4 on tonight's agenda be tabled indefinitely pending review by the Black Hawk County Assessor. Ayes: Seven. Motion carried. PETITIONS FROM PUBLIC 114076 - Anders/Jordan that communication from City Engineer transmitting request of Tracey A. Fischels for a waiver for a concrete driveway to be located at 155 Terrace Drive, 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. 2000-414. 114077 - Anders/Jordan that communication from City Engineer transmitting request of Brent Boevers for a waiver for a concrete driveway to be located at 141 Martin 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. 2000-415. 114078 - Anders/Jordan that communication from Assistant City Planner transmitting request of Merol Wersinger to sell and convey a portion of property generally abutting 608-610 Martin Road for $250.00 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. 2000-416. REPORTS 114079 - Jordan/Krizek that communication from Assistant City Planner transmitting Planning, Programming and Zoning Annual Fiscal Year 1999 Report be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 114080 - Berry/Jordan that communication from Assistant City Planner transmitting Indemnity Agreement with BW McNamee in conjunction with baling city property generally located on Bishop Avenue, south of Independence Avenue, and located within the drainage - way area 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. 2000-417. • • July 24, 2000 • • DOCUMENTS CONTINUED 114081 - Berry/Jordan Page 5 that communication from Leisure Services Director transmitting an Agreement with the U.S. Soccer Foundation for a grant in the amount of $140,000.00 in conjunction with a lighting system, excavation and seeding at the Cedar Valley Youth Soccer Complex 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. 2000-418. 114082 - Jordan/Anders that an agreement with Community Foundation of Waterloo/Cedar Falls and Northeast Iowa and Silos and Smokestacks accepting title to property owned by Silos and Smokestacks located at Sixth and Sycamore Streets 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. Mayor Rooff read Item 4 in the agreement that the city accepts title to the property from Silos and Smokestacks to use the property for the Youth Pavilion. In the event that the property is not devoted to the Youth Pavilion use on or before November 15, 2000, the city agrees to pay a sum equal to the amount of funds to the Foundation for its use in satisfying the purposes of the original donors. In the event that the promise to reimburse the Foundation is not entirely funded by a future city council and entirely accomplished on or before December 1, 2000, the city will on or before December 1, 2000 re -convey the property to Silos and Smokestacks free and clear of all liens for a purchase price equal to the sum of $150,000.00, which represents the amount loaned by the city previously to Silos and Smokestacks, and any amount previously reimbursed by the city to the Foundation under the provisions of this paragraph. 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. 2000-419. ORDINANCES TO BE ADOPTED 114083 - Anders/Jordan that "an Ordinance amending the 1999 Traffic Code by adding Section 69, Proof of Security Against Liability -Driving Without Liability Coverage (requires motorist to carry proof of automobile liability insurance)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114084 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114085 - Getty/Gronen that "an Ordinance amending the 1999 Traffic Code by adding Section 69, Proof of Security Against Liability -Driving Without Liability Coverage (requires motorist to carry proof of automobile liability insurance)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4426. 114086 - Anders/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 14-65, Reference Materials, of Article III, Fire Prevention Inspections, of Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new Section 14-65, Reference Materials, of Article III, Fire Prevention Inspections, of Chapter 14, Fire Prevention and Protection (change duplication fee to $10.00)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. July 24, 2000 Page 6 ORDINANCES TO BE ADOPTED CONTINUED 114087 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114088 - Getty/Gronen that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 14-65, Reference Materials, of Article III, Fire Prevention Inspections, of Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new Section 14-65, Reference Materials, of Article III, Fire Prevention Inspections, of Chapter 14, Fire Prevention and Protection (change duplication fee to $10.00)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4427. 114089 - Anders/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article IV, Redevelopment Authority, of Chapter 29, Planning and Zoning Generally; and enacting in lieu thereof a new Division 6, Main Street Waterloo Redevelopment Authority, of Article VII, Boards and Commissions, of Chapter 2, Administration (revising the Main Street Waterloo Redevelopment Authority)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated that the letter received from Terry Poe Buschkamp, Executive Director of Main Street Waterloo, indicates the bylaws are attached, and he did not receive a copy of the bylaws. Ms. Buschkamp stated that she had a meeting with Mayor Rooff a few months ago and gave him a copy of the bylaws. Ms. Buschkamp will get a copy of the bylaws to the council. Councilperson Getty questioned the wording of Section 2-195.11(d), "No real estate which shall be determined to affect the district shall be bought or sold without first receiving recommendation of Main Street Waterloo." Ms. Buschkamp reported that there have been no changes to the body of the current ordinance, only changes to the makeup of Main Street Waterloo's body. Ms. Buschkamp stated that the same wording has been in the ordinance for three years. Craig Ament stated that ultimately approval to sell comes back to the city council. The recommendation comes from Main Street Waterloo, then approval of the city council. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 114090 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114091 - Getty/Gronen that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article IV, Redevelopment Authority, of Chapter 29, Planning and Zoning Generally; and enacting in lieu thereof a new Division 6, Main Street Waterloo Redevelopment Authority, of Article VII, Boards and Commissions, of Chapter 2, Administration (revising the Main Street Waterloo Redevelopment Authority)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4428. • • July 24, 2000 BILLS PAYMENT 114092 - Krizek • • Page 7 that "Resolution approving Schedule AP640, pp. 1-113, dated July 24, 2000, in the amount of $1,645,361.62, 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. 2000-420. NEW BUSINESS 114093 - Gronen/Jordan that communication from Waterloo Water Works General Manager transmitting request of Dawn Fox n/k/a Dawn Harris and Erik Harris to certify $1,032.55 for work performed by Waterloo Water Works at 1216 Leavitt Street, together with recommendation of approval of Board of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-421. 114094 - Gronen/Jordan that communication from Street Superintendent transmitting recommendation of appointment of Russell Kies to the position of Equipment Operator III, effective July 25, 2000, be received, placed on file and approved. Ayes: Seven. Motion carried. 114095 - Gronen/Jordan that communication from Leisure Services Director transmitting recommendation of appointment of Lawrence Harms to the position of Park Maintenance II - Forestry, effective July 25, 2000, be received, placed on file and approved. Ayes: Seven. Motion carried. 114096 - Gronen/Jordan that communication from Leisure Services Director transmitting recommendation of appointment of Mitch Howe to the position of Park Maintenance II -Forestry, subject to passing a physical examination, be received, placed on file and approved. Ayes: Seven. Motion carried. 114097 Gronen/Jordan that communication from Leisure Services Director transmitting recommendation of appointment of Roger Allen to the position of Mechanic, effective July 25, 2000, be received, placed on file and approved. Ayes: Seven. Motion carried. TRAVEL REQUESTS 114098 - Berry/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Sang Ki -Han, Assistant City Attorney, to attend International Municipal Lawyers Association Annual Conference in San Francisco, California, on August 27-30, 2000, with costs not to exceed $2,384.00. 2. John R. Rooff, Mayor; Don Temeyer, City Planner; and Jeffrey Robbins, Airport Director, to attend the HUD's Best Practice and Technical Assistance 2000 Symposium in Washington D.C. on August 7-10, 2000, with costs not to exceed $934.00 each. 3. Cammie Scully, Director of Cultural and Arts Commission, to attend the Iowa Museum Association Board meeting and retreat in Dubuque, Iowa, on July 25- 26, 2000, with costs not to exceed $107.00. 4. Cammie Scully, Director; and Kent Shankle, Curator, to meet with project director, collectors/donors related to the Haitian collection and select artwork for an Indian photo and JAG exhibition in New York, Massachusetts, Maine, Connecticut and Canada on August 13-20, 2000, with costs not to exceed $2,615.00. July 24, 2000 Page 8 TRAVEL REQUESTS CONTINUED 5. Dave Boesen, Lieutenant, Arson Investigator, to attend Seminar on Expert Testimony for Fire/Arson Investigators in Iowa City, Iowa, on August 23-25, 2000, with costs not to exceed $271.50, including use of city vehicle. Ayes: Seven. Motion carried. MISCELLANEOUS 114099 - Getty/Jordan that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and application for Outdoor Service Area be received, placed on file and approved. 1. Beer License Permit Application Class C Jayne's Pony Express, 1459 Ansborough Avenue (Renewal) (Expires 6/30/01) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Fortunes Tavern, 328 Elm Street (Renewal) (Expires 7/31/01) Best Western Starlite Village, 214 Washington Street (Renewal) (Expires 8/15/01) (Includes Sunday Sales) 3. Application for Outdoor Service Area Club Phantasia, 726-728 Logan Avenue - 7/24/00 thru 4/30/01 Ayes: Seven. Motion carried. BONDS 114100 - Jordan/Anders that the report of the City Attorney and list of bonds filed with the City Clerk through July 24, 2000, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 114101 - Jordan/Gronen that the Council adjourn at 6:46 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk • •