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HomeMy WebLinkAboutMinutes-07/21/2008July 21, 2008 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 21, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Bob Greenwood, Council Member At Large. 127487 - Reggie Schmitt/Greenwood that the Agenda, as proposed, for the Regular at 5:30 p.m., be accepted and approved. Ayes: Session on Monday, July 21, 2008, Seven. Motion carried. 127488 - Reggie Schmitt/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, July 14, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 127489 - Reggie Schmitt/Steve 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 Schedule AP642, pp. 1-75, dated July 21, 2008, in the amount of $2,571,018.24, 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. 2008-617. 2. Communication from City Clerk transmitting Cultural Association for a variance to the 2008 from 10:00 a.m. - midnight and August p.m. in conjunction with Iowa Irish Fest to Street from Mulberry to Lafayette Streets, Police Chief. request of Cedar Valley Irish noise ordinance on August 1-2, 3, 2008 from 10:00 a.m. - 3:00 be held in Lincoln Park and 4th together with recommendation of Resolution adopted and upon approval by Mayor assigned No. 2008-618. c. Liquor License Permit Application Class E Dane Street Liquor, 521 Dane Street (Renewal) Sunday Sales) d. Wine License Permit Application Class B Dane Street Liquor, 521 Dane Street (Renewal) Sunday Sales) (Expires 8/2/09) (Includes (Expires 8/2/09) (Includes e. Beer License Permit Application Class C Guppy's On The Go, 1615 Bishop Avenue (Renewal) (Expires 9/8/09) Sunday Sales) Dane Street Liquor, 521 Dane Street (Renewal) (Expires 8/2/09) Sunday Sales) (Includes (Includes f. Beer/Liquor License Permit Class C Neighborhood Corner Sport, 735 Logan Avenue (Renewal) (Expires 7/8/09) (Includes Sunday Sales) Iowa Irish Fest, 315 East 5th Street (New) (5 days -7/31/08 - 8/4/08) (Includes Sunday Sales) Cadillac Lanes, 650 LaPorte Road (New Owner) (Expires 7/22/09) (Includes Sunday Sales) Fanatics Sports Bar & Grille, 814 LaPorte Road (New) (Expires 6/17/09) (Includes Sunday Sales) July 21, 2008 Consent Agenda continued g• Outdoor Service Area Narey's 19th Hole, 2073 Logan Avenue on July 26, 2008 The Locker Room Lounge, 1918 Hawthorne Avenue Club 700, 1955 Locke Avenue on August 29, 2008 Iowa Irish Fest, 315 East 5th Street Cadillac Lanes, 650 LaPorte Road h. Cigarette/Tobacco Permit Application BJ's Sports Bar, 110 Ida Street Walgreens, 1850 Logan Avenue Fanatics Sports Bar & Grille, 814 LaPorte Road Ayes: Seven. Motion carried. UNFINISHED BUSINESS 127490 - Cole/Greenwood Page 2 that Mayor Hurley's veto of Ordinance No. 4918, adopted by the council on July 14, 2008, vacating approximately 150 feet of public sidewalk generally located in the 800 block of Bayard Street be overridden. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley distributed copies of correspondence he received regarding his veto, one in favor and one opposed. Janet Buls of Hawkeye Valley Area Agency on Aging is in favor of sidewalk infill. The anonymous letter raises nine questions, such as there are exceptions and inconsistencies throughout the city, the precedent set on Glenny Avenue and Councilperson Getty brought up the sidewalks needed for some of the schools. Mayor Hurley reported he received about eight contacts, one-half in favor and one-half opposed to vacating the sidewalk. Mayor Hurley noted that at last week's council meeting, he handed out a copy of his veto letter to council members. People were suspicious that council met in secret. Mayor Hurley noted that the council has open agenda meetings every Thursday, and he knew there was a chance the vacation would be approved, and there are time sensitive items for the sidewalk program. Councilperson Welper stated he received one call asking him to agree to override the veto and ten in favor of the sidewalk. Councilperson Welper stated that he walked this sidewalk today. Councilperson Welper explained that he is not in favor of vacating the sidewalk, but he would like to put off making a decision until the city figures out what we are doing from Bertch to Byron, and if possible pull these sidewalks from this year's program. Councilperson Getty noted that he asked to override the mayor's veto because the city does not have a plan, we have a wish plan but no money. Councilperson Getty stated he feels strongly that if the city had money to do this sidewalk, there is greater need by the schools than on Bayard. Councilperson Getty stated a guy said he walks over there and he doesn't understand why the city is making them fix their sidewalks. In response to a question from Councilperson Greenwood, Mayor Hurley noted that the original motion to vacate would have required the property owners to remove the sidewalks and restore the ground by mid-August. Councilperson Greenwood noted that if council approves to override the mayor's veto, the property owners would have to tear out the sidewalks. Mayor Hurley commented that people ask why is he doing this when we have so many other pressing needs such as the flood, but he feels business has to go on. Mayor Hurley commented that the biggest thing that bothered him is the city does not have a plan. We funded the vision. Personally, he would like a walkable community, but the city needs a policy to steer us, and it was unlikely we could commit money to get it done in one or two years. Councilperson Welper stated he is trying to avoid costs for these three families as they would have to remove the sidewalks, be bonded at a cost of $100.00, then fix the ground. Councilperson Welper stated he would like to leave the sidewalks as is, and put it off until we know where we are going, or the property owners could pay twice. • • • • July 21, 2008 Unfinished Business continued Councilperson Steve Schmitt noted that members of the Planning, Programming and Zoning Commission unanimously approved vacation of the sidewalks. Councilperson Steve Schmitt stated he heard from those for and those against, and he opposes the vacation purely as a safety issue. Councilperson Steve Schmitt stated he talked to Jorje Jarchow and asked him where they rode bikes when their children were little and he said they didn't live there then. Councilperson Steve Schmitt stated that no sidewalks for the kids or senior citizens is a large error in judgment and very short-sighted. The other challenge is how to do it, and that won't be decided tonight, but will take time. Councilperson Schmitt stated that he told Mr. Jarchow that if the city had a plan for that one block he would continue to support, but if not he would support removing this area from this cycle as there are sidewalks worse than this. Mayor Hurley stated not fixing the sidewalks increases the city's liability, and that is why we have an inspection program. The 800 block of Bayard needs attention. Mayor Hurley explained he feels we could give priority to the 800 block of Bayard and the city fill-in where there is no sidewalk and put in ADA. Councilperson Cole stated she respectfully feels that makes no sense, and she feels there are many areas more in need of sidewalks than the 800 block of Bayard, such as areas by the schools, and facilities for the frail and elderly. Councilperson Cole stated she feels this is a knee jerk reaction. We cannot put it off because we have identified the sidewalk as a problem and that opens the city up to liability, and we all know everyone sues the city. Councilperson Cole commented she feels the city should let them remove the sidewalk, seed it and set up a task force on sidewalks. Page 3 Mayor Hurley noted there are other priorities and we only have $100,000.00. Councilperson Getty called the question. A vote was taken on the above motion with the following result. Ayes: Four. Nays: Steve Schmitt, Welper, Reggie Schmitt. Motion failed. 127491 - Mayor Hurley stated that the council needs to make a motion to allow extra time for the property owners to take out permits and complete the work. The Engineering Department is suggesting that the permits be acquired by July 25 and the work done by August 8, 2008. Eric Thorson, City Engineer, noted that they are recommending those dates because of the need to move forward. Permits were supposed to be out by July 18 and the work done by August 1, so this would extend that time one week. Mayor Hurley asked if this block could be carried over to next year. Mr. Thorson responded no because of the liability issue. A decision needs to be made one way or the other because of the liability to the city and citizens because this block does not meet the city's inspection criteria. In answer to a question from Councilperson Steve Schmitt, Chris Wendland, Assistant City Attorney, stated that as policy makers the council can do what ever the majority decides. The liability is unknown until a claim is made. We are dealing with a lot of unknowns. This block has failed the city's inspection program. Councilperson Getty stated that no one questions if the sidewalk needs to be put in. If the city had a plan, everyone would support it. Councilperson Steve Schmitt stated that attending the Planning, Programming and Zoning Commission meeting, folks raise the question if these are city rules and the answer is sometimes yes and sometimes no. What is different is sometimes they have a better story. Councilperson Steve Schmitt stated he feels having a plan is the way to go, but what can we do to get folks through until we have a long-range plan. Mayor Hurley suggested using these funds for these folks. It is short term, but a better answer for them. Council has bonded $100,000.00 for sidewalks. Councilperson Hart commented that the $100,000.00 is for top priority or what council deems as high priority, but they have not deemed any high priority. There are children throughout the city who have to walk to school without sidewalks and along Highway 63 without sidewalks. Councilperson Hart stated we need a plan. Councilperson Hart stated he hopes that the Planning, Programming and Zoning Commission made a decision on more than just emotions. July 21, 2008 Unfinished Business continued Councilperson Hart stated that as a former member of that commission he knows they listened to the facts, but did choose one here and one there. Councilperson Hart stated he would like to see children have sidewalks to walk to school, and he feels there are other people who need help right now. Page 4 Councilperson Cole suggested extending the deadlines for obtaining the permit to August 1 and the completion date to September 1, 2008. Councilperson Greenwood stated he hired a guy last week on Tuesday, and they had the work done by Friday. Mr. Thorson stated extending the date for obtaining the permit to August 1 could work. Mr. Thorson suggested including this area in the assessment program in case they don't have the work done by September 1. Cole/Welper that the date for property owners to acquire permits be extended to August 1, 2008 and the completion date be extended to September 1, 2008 for the approximately 150 feet of public sidewalk generally located in the 800 block of Bayard Street (815, 821 and 825 Bayard Street), be approved. Ayes: Seven. Motion carried. REPORTS 127492 - Hart/Cole that 2007 Waterloo Water Works Operating Report, be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 127493 - Steve Schmitt/Greenwood that communication from Community Planning & Development Director transmitting Occupancy Agreement with Robert and Rita Welter for 4012 Leversee Road for the period of July 5, 2008 through December 31, 2011, 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. 2008-619. 127494 - Steve Schmitt/Greenwood that communication from Community Planning & Development Director transmitting agreement with Manatt's to allow the city access to driveways located at 84-170 West Mullan Avenue as part of the West Commercial Street extension project, 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. 2008-620. NEW BUSINESS 127495 Greenwood/Steve Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,815.69 for work performed by the Waterloo Water Works at 601 Logan Avenue, together with recommendation of approval of Waterloo Water Works Board of 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. 2008-621. • • July 21, 2008 New Business continued 127496 - Greenwood/Steve Schmitt Page 5 that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,100.00 for work performed by the Waterloo Water Works at 719 Willow Street, together with recommendation of approval of Waterloo Water Works Board of 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. 2008-622. 127497 - Greenwood/Steve Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $950.00 for work performed by the Waterloo Water Works at 218 Salisbury Street, together with recommendation of approval of Waterloo Water Works Board of 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. 2008-623. 127498 - Greenwood/Steve Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,600.00 for work performed by the Waterloo Water Works at 623 N. Barclay Street, together with recommendation of approval of Waterloo Water Works Board of 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. 2008-624. 127499 - Welper/Steve Schmitt that communication from Superintendent of Traffic Operations transmitting request to place temporary Yield signs on Cornwall Avenue at Randolph Street and temporary No Parking signs on the north side of Cornwall Avenue from Randolph Street to Hammond Avenue and the south side of Randolph Street from Cornwall Avenue to Mitchell Avenue, be received, placed on file and "Resolution approving said temporary yield signs", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-625. ORAL PRESENTATIONS 127500 Roger Bradley, 1223 Bertch Avenue, stated he feels it would be unfair not to require these property owners to repair their sidewalks. Ten years ago, he was required to put in the sidewalk or the city would make the repairs and assess the work to his property taxes. Mr. Bradley stated he did not like having to put in his sidewalk and he doesn't like shoveling snow, but he shovels snow. Mr. Bradley noted it is very easy to be bonded to repair the sidewalks, just call your insurance company and they will do the paperwork. Mr. Bradley explained that on South Street turning west onto 6th Street drivers are unable to see 6th Street traffic because a big, white semi -truck is parked in the street. Mr. Bradley stated he feels it is very confusing as to where parking is allowed and where there is no parking allowed. Mayor Hurley responded he will have the Traffic Department analyze this situation and have the Police Department look at it. Shirley Bartz, 831 Engelwood, asked what has the city done about the dike that flooded them. Ms. Bartz stated she lost $100,000.00 of furniture that was in her basement. Ms. Bartz asked if the dike has been fixed, and if not why not. Mayor Hurley explained that none of the dikes failed. Mayor Hurley explained that on Westfield, the city is costing out getting an engineer's estimated to pull gates completely and make that one earthen dike. At Fletcher and University, the city has identified one gate for repairs so that it will seal when it is closed. The city will apply to FEMA for funding of these items under mitigation. July 21, 2008 Oral Presentations continued Page 6 Ms. Bartz stated she feels that never should have happened, and until it is fixed, she will be at every Monday night council meeting. Forest Dillavou, 1725 Huntington Road, noted that a city crew was filling potholes on Katoski using cold patch, and he heard Mayor Hurley suggest on the radio that the city do something different. Mr. Dillavou explained the system used by Iowa DOT to fix potholes. Mr. Dillavou noted that on Katoski Drive, the city crew put the cold patch asphalt 4 or 5 inches above the hole so that cars can pack it down. Mr. Dillavou noted in Missouri they do things smart, and their way of filling potholes is like the DOT. Mr. Dillavou stated this city needs to get smarter, as our way is a waste of time and the taxpayers' money. Ryan Madison, 650 Dawson Street, stated he was watching the news and the city attorney was talking about Earl Baugh's nude bar and he said the city was taking this direction because of the other businesses. Mr. Madison explained that there is a gentleman trying to put a liquor store in the middle of a community, and he hopes the city will do the same, turn him down and fight. There are kids in this area, and this type of business does not fit in with that community. Mr. Madison urged the city to take the same action as they did with Earl Baugh's license. Mr. Madison asked the council to contact state legislators, including Deb Berry, because we need to take a better stance against allowing these liquor stores. Mr. Madison noted that in other states kids are not allowed in these establishments, and they close earlier than 2:00 a.m. Mayor Hurley responded that the person Mr. Madison heard was not the city attorney but the attorney for the Board of Adjustment, and that matter will probably end up in the council chambers. The application to turn the neighborhood grocery store into a liquor store is in limbo because of the efforts of staff, the council and a zoning issue, but otherwise it is a legal application. The building was a grocery store and now they want to change it to a liquor establishment. Mayor Hurley noted that Earl Baugh's issue was strictly over zoning and the action by the Board of Adjustment. Verl Johnson, 815 Bayard, asked if there is a maintenance program for the flood gates, and Mayor Hurley responded yes. Mr. Johnson asked if the program was adhered to because of the requirements of the Army Corps of Engineers. Mayor Hurley explained that the city applied for recertification just before the flood. Eric Thorson, City Engineer, reported that FEMA required the city to recertify. Cole/Welper that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 127501 - Welper/Steve Schmitt that the Council adjourn at 6:25 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk •