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HomeMy WebLinkAboutMinutes-05/01/2000May 1, 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, May 1, 2000. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Joyce Marshall, Ambassadors of Christ Church. Pledge of Allegiance: Bernal Koehrsen, Police Chief. ORAL PRESENTATIONS 113662 - Martin Culpepper, 1731 Cottage, stated that he has concerns regarding the work being done at the sewer plant, with John T. Jones Construction Company withdrawing their bid. Mr. Culpepper stated that he is concerned that minorities, especially African-Americans who represent 14 percent of the city's population, are not being represented on the bids. Mr. Culpepper stated that he feels the system in place is not working for them, and they are being excluded as the companies did not pick any targeted small businesses. Mr. Culpepper stated that it is kind of bad the local people can't get in on this, they pay their taxes, and pay the one percent local option tax also. Mr. Culpepper urged the council to look at the minorities seriously before they make a decision. Mayor Rooff stated that he talked to an individual from the EPA, and she indicated that she had spoken with Mr. Culpepper. Mayor Rooff stated that the city is changing the specifications to require businesses bidding on projects to submit a list of MBE/WBE companies that were sent a copy of the specifications, who bid and who did not bid and why they did not bid. Mayor Rooff stated that the city will be making sure the contractors do everything they can to include MBE/WBE companies. Mr. Culpepper stated that the problem is minority companies submit bids and never hear from the contractors why their bid was not approved. Mr. Culpepper stated that he feels that minorities are just not being represented. Mr. Culpepper stated that being local he feels it is sad someone else from another state gets the work. Mayor Rooff stated that all the city can do is make sure the contractors are treating everyone fairly. Councilperson Berry asked if we know who are all the minority contractors. Mayor Rooff suggested that Councilperson Berry work with the city's Contract Compliance Officer Rudy Jones on the list of minority contractors. Getty/Murphy that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 113663 - Krizek/Jordan that the Agenda, as amended to add Item 23a, for the Regular Session on Monday, May 1, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 113664 - Jordan/Gronen that the Minutes, as proposed, for the Regular Session on Monday, April 24, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring May 7-13, 2000, as Youth Week. Mayor Rooff read of proclamation encouraging support of the Veterans of Foreign Wars of the United States and showing support through the purchase of Buddy Poppies on May 11-14, 2000. HEARINGS 113665 - Anders/Jordan that proof of publication of notice of public hearing on the proposed One Year Action Plan for F.Y. 2001 Community Development Block Grant (CDBG) and HOME Program funds, as published in the Waterloo Courier on April 25, 2000, be received and placed on file. Ayes: Seven. Motion carried. May 1, 2000 Page 2 HEARINGS CONTINUED 113666 - This being the time and place of public hearing, the Mayor called for written and oral objections. Joyce Marshall, 226 Bates, Unity Neighborhood Association, stated that she is concerned with the way the funds are being spent in her neighborhood. Ms. Marshall stated that Community Development asked three times how they wanted to spend their money, and after three times, they were told that the bulk of the money would be going to Operation Threshold. Ms. Marshall stated that they recognize the need for new houses, but there is also a need for funding existing homes that need repair. Mayor Rooff stated that four meetings were held with the Unity Neighborhood Association, and that the only funds going to Operation Threshold are the Home funds. Rich Earles, Community Development Director, reported $700,000 will be spent on single family rehabilitation, $121,000 on rehabilitation on homes that will be purchased, rehabilitated and sold, $140,000 for new homes. Mr. Earles stated that the bulk of the funds will be used for rehabilitation. Ms. Marshall stated that the Unity Neighborhood Association is concerned that funds are not allocated for upgrading Furgerson Field, installing lights in dark neighborhoods, and curbs and gutters. Ms. Marshall stated that there was a shooting in that area last year, and we need to make it safe for families. Ms. Marshall stated that she hoped the city gives enough money to Operation Threshold to make repairs. Ms. Marshall stated other things need to be done, there are dilapidated buildings. Mayor Rooff stated that the city is going to assist Operation Threshold to fix the problems. Mayor Rooff stated that the Community Development Board is focusing on housing and rehabilitation and there are funds from the Housing Authority that will come into play. Mayor Rooff stated that we have never been stingy in fixing their places. Sherry Roberts, Village Initiative, stated that there was concern that the Associations were told to make application to address their priorities, and they feel they know what is best for their neighborhood. Ms. Roberts stated that after three applications, the Associations felt why bother if they aren't going to address their concerns. Mr. Earles stated that there are funds available for demolition. Mr. Earles stated that they are doing an environmental assessment on the property on Mobile Street. When Unity Neighborhood Association first formed, they had a long list, and the city is continuing to work on those priorities. Mr. Earles stated that regarding three applications, that was notification of publication. Mr. Earles stated that the city is working toward their goals and there is money for demolition. Ms. Marshall stated that Unity wants the city to focus on other things in the neighborhood such as dilapidated buildings, lighting and safety. What good are new homes when you have all those problems. Ms. Marshall stated they want new homes but they want curb, gutters, and lights. Mr. Earles stated that the city agrees and is taking that approach. Unity is a fairly new Neighborhood Association and all of those things take time. Mr. Earles stated that the city wants to work with Unity, and the overall goal is to make neighborhoods safe. Mayor Rooff suggested that the next time Unity meets with Councilperson Berry they should talk about Unity's goals and where the funding should go. Ms. Roberts stated that they are concerned with the process, figuring out the short and long term goals. Ms. Roberts stated some people wondered why apply, or they thought it was a survey and did not send it in. Others were told they did not submit the application correctly. Mayor Rooff suggested that Ms. Roberts and Village Initiative be an example and set up a program as how to make application for funding. Mayor Rooff stated that the city will give them the information we need, and then Ms. Roberts can devise a standard application so people will understand how it works. Krizek/Jordan that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. • • May 1, 2000 • • HEARINGS CONTINUED 113667 - Jordan/Anders Page 3 that "Resolution authorizing submission of the One Year Action Plan for F.Y. 2001 Community Development Block Grant (CDBG) and HOME Program funds to the Department of Housing and Urban Development", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-214. 113668 - Krizek/Jordan that proof of publication of notice of public hearing on request of Allen Hospital to vacate drainage easement generally located along the westerly side of Lots 10 through 18 in Vold Addition, as published in the Waterloo Courier on April 19, 2000, be received and placed on file. Ayes: Seven. Motion carried. 113669 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Murphy that the hearing be closed and 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. 113670 - Jordan/Gronen that "an Ordinance vacating drainage easement generally located along the westerly side of Lots 10 through 18 in Vold Addition", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 113671 - Anders/Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 113672 - Jordan/Murphy that "an Ordinance vacating drainage easement generally located along the westerly side of Lots 10 through 18 in Vold Addition", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4414. 113673 - Krizek/Jordan that proof of publication of notice of public hearing on request of John Hospaodarsky for a site plan amendment to the "M -2,P" Planned Industrial District to use a portion of Greyhound Park for a parabounce balloon ride, as published in the Waterloo Courier on April 19, 2000, be received and placed on file. Ayes: Seven. Motion carried. 113674 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Getty that the hearing be closed and 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. 113675 - Jordan/Murphy that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-215. 113676 - Anders/Jordan that proof of publication of notice of public hearing on request of Pam and Bud Jones for a site plan amendment to the "C -Z" Conditional Zoning District for property commonly known as 2452 Burton Avenue for the addition of a curb -cut on the north side of the property for the storage of asphalt contracting equipment, as published in the Waterloo Courier on April 19, 2000, be received and placed on file. Ayes: Seven. Motion carried. May 1, 2000 Page 4 HEARINGS CONTINUED 113677 - This being the time and place of public hearing, the Mayor called for written and oral objections. City Clerk Nancy Eckert stated that a letter was on file from Mike Williams, President of Professional Office Services, Inc., in opposition to the site plan amendment. Mr. Williams' business is located at 2757 Burton Avenue, approximately '-1 mile north of the property at 2452 Burton Avenue. Mr. Williams noted that over the past year he has noticed that the property has become quite unsightly, and it appears the business has increased considerably and is beginning to spill into the property north of the home. Mr. Williams asked that the site plan amendment be denied. Bud Jones, 2452 Burton Avenue, stated that his property is not an eyesore, and that the property has been cleaned up. Mr. Jones stated that some office desks and tables were kept outside the fence while he tried to sell them, but he threw them away when he could not sell them fast enough. Mr. Jones stated that Councilperson Jordan has a clean shop, but the side of the building is an eyesore. Mr. Jones stated that his wife talked to someone, and they told her they could not put in a driveway because there is a street there. Mr. Jones stated that he feels inspectors should get out of their offices and drive by rather than look at blue prints. Mr. Jones stated that they were not required to be at the Planning, Programming and Zoning Commission meeting. Mr. Jones stated that they are using the main driveway to park all their equipment. Mr. Jones stated that he has ordered brush -like material to stuff down the fence and you will not be able to see any eyesore. Councilperson Anders stated that he got a complaint regarding the property, and he staffed it to the Enforcement Officers. Councilperson Anders noted that the amendment went before the Planning, Programming and Zoning Commission that Mr. Jones was out of compliance with the zoning. Noel Anderson, Senior Planner, stated that Mrs. Jones came in for a curb cut, and the Engineering Department discovered it was conditional zoned a few years ago which required them to have their scrape business inside the fence. Their were conditions put on the property that all storage was to be enclosed and no stacking of metals above the fence. Mr. Anderson stated that the Engineering Department would not approve the curb cut permit because of the conditions of the Planning, Programming Commission. Mr. Anderson stated that he encouraged Mr. and Mrs. Jones to attend the Planning, Programming and Zoning Commission meeting because staff was going to recommend denial of the request. Councilperson Anders noted that they were cited to clean up the property and the zoning violation and he agrees. Mrs. Jones stated that Mr. Anderson told her they could attend the PPZ meeting, but it was not required. Mrs. Jones stated that they invited Councilperson Anders to look at the property, and that they were at a point where they could not get everything in the fenced -in area. Mrs. Jones stated she does not think it is an eyesore. They are on the edge of agricultural and industrial zoned property, and its not like the north lot is going to bother anyone. Mr. Jones stated that he wants a place to park his equipment when not on the job. Mr. Jones stated that if the city wants to fine them, okay, because he needs a place to put his equipment. Mr. Jones stated that if the council denies it again, he is going to move out of Waterloo and may even move out of Black Hawk County. Mrs. Jones invited the city council to look at their property and talk with them. Mayor Rooff stated that it is important to make sure everyone has looked at the property. Councilperson Anders stated that in conversations he had with Mrs. Jones, he told her he was against the request but he would check with the council. Councilperson Anders stated that it might be better to wait 60 days to allow them time to clean up the property and bring the request back to the council. Councilperson Getty stated that he would like to continue the hearing for one week to allow time for the council to look at the property. Councilperson Jordan stated that he agrees with Councilperson Getty that one week won't make a difference. Getty/Jordan that the hearing be adjourned for one week. Ayes: Seven. Motion carried. • • May 1, 2000 UNFINISHED BUSINESS 113678 - Krizek/Anders Page 5 that communication from Superintendent of Water Pollution/Flood Control transmitting recommendation of award of contract in the amount of $9,973,000.00 to Story Construction Company of Ames, Iowa, in conjunction with Anaerobic Digesters Project for Water Pollution Control Facility, Contract No. 550, 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. 2000-216. PETITIONS FROM PUBLIC 113679 - Berry/Anders that communication from City Clerk transmitting request of John Deere Product Engineering Center for an exception to burning yard waste to burn approximately 15 acres of prairie grass during May 1 - 14, 2000, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Recycling/Sanitation, be received, placed on file, and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-217. 113680 - Berry/Anders that communication from City Engineer transmitting request of W. Louis Beecher for a waiver for a concrete driveway to be located at 305 Pauline Place, 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. 2000-218. 113681 - Berry/Anders that communication from Senior Planner transmitting request of Union Missionary Baptist Church to sell and convey property generally located at the northeast corner of North Barclay and Shilliam Avenue for $500.00 be received, placed on file and "Resolution setting date of hearing as May 15, 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. 2000-219. DOCUMENTS 113682 - Gronen/Jordan that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance from Professional Lawn Care of Waterloo, Iowa, for Option C and B&B Exchange of Waterloo, Iowa, for Option B, in conjunction with 2000 Right -of -Way Mowing, 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. 2000-220. 113683 - Gronen/Jordan that communication from Police Chief transmitting Lease Agreement with Harley- Davidson Cycle Center, Inc., for two police motorcycles at a cost of $50.00 per month per motorcycle be received, placed on file and "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-221. 113684 - Gronen/Jordan that communication from Associate Engineer transmitting request to issue a conditional Notice to Proceed to Parsons Transportation Group, Inc., to provide preliminary engineering work, subject to Iowa Department of Transportation conducting a pre -audit of the cost accounting for the proposed engineering agreement in conjunction with San Marnan Drive Traffic Improvements -Phase I, be received, placed on file and approved. Ayes: Seven. Motion carried. May 1, 2000 Page 6 DOCUMENTS CONTINUED 113685 - Gronen/Jordan that communication from Senior Planner transmitting Disclaimer Affidavits in conjunction with property located in the Northeast Industrial Park conveyed to R & N Investments through a Development Agreement 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. 2000-222. 113686 - Gronen/Jordan that communication from Superintendent of Water Pollution/Flood Control transmitting Change Order No. 6 for a net increase in the amount of $15,500.00 in conjunction with Easton Avenue Water Pollution Control Facilities, Contract No. 549, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 113687 - Gronen/Jordan that communication from Superintendent of Water Pollution/Flood Control transmitting Change Order No. 7 for a net increase in the amount of $90,393.00 in conjunction with Easton Avenue Water Pollution Control Facilities, Contract No. 549, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 113688 - Getty/Jordan that communication from Associate Engineer transmitting an agreement with the Iowa Department of Transportation for Surface Transportation Program (STP) funding in the amount of $1,204,500.00, with a city match of $301,125.00, in conjunction with San Marnan Drive Traffic Improvements -Phase I, STP -U- 8155(651)-70-07, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Bonnie Smith, representing merchants at Crossroads Malls, stated she wished to thank Mayor Rooff and Council Members for recognizing the traffic problem. Ms. Smith stated that $10 million was invested in the mall in 1986, and the landlord continues to invest money. Ms. Smith stated that they appreciate the money from the IDOT, but they do not think it is enough to fix the problem on a permanent basis. With continued growth, we need to do something more. Ms. Smith noted that the merchants are major contributors to the local option tax, and if customers can't safely access Crossroads Mall, they will go somewhere else. Ms. Smith stated that she is concerned the area is growing so fast that we are going to be behind the problems instead of ahead of it. Mayor Rooff stated that he thinks Ms. Smith is feeling what the council is feeling. Mayor Rooff stated that this project is just the first phase of $3 million in work the city is planning to do in the Crossroads Center area. Mayor Rooff stated that the study said the $3 million project would take us through 2020, but it did not include Wal-Mart and Target doubling, new restaurants and the new water park. Mayor Rooff stated that the city is planning as far ahead as we can, and that the city isn't going to forget Crossroads as it has become the Northeast Shopping Center. Getty now absent at 6:40 p.m. Gary Plummer, Executive Director of the Waterloo Chamber of Commerce, stated that the Chamber would like to thank the city for following through on its pledge to address the traffic situation at Crossroads. Mr. Plummer noted that improvements in this growing retail shopping area is a top priority for the Chamber. Mr. Plummer urged the city to proceed during the current construction season with as many significant improvements as possible, rather than deferring them to next year. Ms. Plummer also asked the city to re-examine the size of the project at Crossroads in order to assure that the problem receives a permanent solution, rather than a band aid. Mr. Plummer stated that the amount of local option tax money generated at Crossroads is ample justification for long-lasting improvements in this area. Mr. Plummer stated that the Chamber and its members believe this would be an excellent investment by the city on behalf of the citizens of Waterloo. Mayor Rooff stated that Phase 1 and 2 are suppose to take us through 2020, but not if we continue with the new growth. Mayor Rooff stated that the council will act prudently to get this going • May 1, 2000 Page 7 DOCUMENTS CONTINUED City Planner Don Temeyer stated that funding for the program will be done through the Capital Improvement Program. Mr. Temeyer stated that Wal-Mart is going to give cash of $100,000 to use as part of our match. The funds will be used for a right -turn lane on Flamming Drive, and a similar request may be made with the proposed Target expansion. Following discussion a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2000-223. RESOLUTIONS TO BE ADOPTED 113689.- Anders/Krizek that "Resolution setting date of hearing as May 22, 2000, at 5:30 p.m. in the City Hall Council Chambers on proposed amendments to the F.Y. 2000 Budget", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2000-224. 113690 - Anders/Krizek that "Resolution approving Quit Claim Deed for R & N Investments for property located in the Northeast Industrial Park", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2000-225. 113691 - Anders/Krizek that "Resolution approving Warranty Deed conveying to Clear Windows, L.L.P., property generally located in Lot 2 in MidPort America Industrial Park Plat No. 1", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2000-226. BILLS PAYMENT 113692 - Krizek that "Resolution approving Schedule AP640, pp. 1-70, dated May 1, 2000, in the amount of $1,029,830.32, 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: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2000-227. NEW BUSINESS 113693 - Jordan/Krizek to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2000 Bridge Painting and Repair Program, Contract No. 598, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 113694 - Berry/Jordan that plans, specifications, form of contract, etc. in conjunction with F.Y. 2000 Bridge Painting and Repair Program, Contract No. 598, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 113695 - Jordan/Anders that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2000-228. May 1, 2000 Page 8 NEW BUSINESS CONTINUED 113696 - Krizek/Berry that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as May 22, 2000, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2000-229. 113697 - Jordan/Gronen to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2000 Asphalt Overlay Program, Contract No. 618, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 113698 - Jordan/Anders that plans, specifications, form of contract, etc. in conjunction with F.Y. 2000 Asphalt Overlay Program, Contract No. 618, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 113699 - Anders/Krizek that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2000-230. 113700 - Berry/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as May 15, 2000, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2000-231. TRAVEL REQUESTS 113701 - Krizek/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Corbin Payne, Christopher Gergen and Aaron McClelland, Police Officers, to attend Basic Tactical Training School in Camp Dodge, Iowa, on May 15 - 19, 2000, with costs not to exceed $1,080.00, including use of city vehicle. 2. Brian Weldon and Ritchie Hesse, Police Officers, to attend Basic Bomb Tech Seminar in Omaha, Nebraska, on May 8 - 12, 2000, with costs not to exceed $395.00, including use of city vehicle. 3. John R. Rooff, Mayor; and Bruce Meisinger, Finance Manager, to present Waterloo's Year 2000 General Obligation Bond Issuance for Credit Rating to Moody's Investor's Service and AMBAC Insurance in New York City, New York, on May 8 - 10, 2000, with costs not to exceed $1,572.00. Ayes: Six. Absent: Getty. Motion carried. MISCELLANEOUS 113702 - Krizek/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: 1. Beer/Liquor License Permit Application Class C Diamond Dave's, 165 Crossroads Blvd. (Renewal) (Expires 5/14/01) (Includes Sunday Sales) Paulies Place, 814 LaPorte Road (Renewal) (Expires 5/14/01) (Includes Sundayes) • May 1, 2000 • • MISCELLANEOUS CONTINUED Page 9 2. Beer License Permit Application Class C Kum & Go, 2424 Ranchero Road (New) (Expires 5/11/01) (Includes Sunday Sales) 3. Wine License Permit Application Class B Kum & Go, 2424 Ranchero Road (New) (Expires 5/11/01) (Includes Sunday Sales) Ayes: Six. Absent: Getty. Motion carried. 113703 - City Attorney Jim Walsh stated that the city received a letter from Eric Johnson, attorney for Kimary Philips, requesting that the council table action on these applications for two weeks. Police Chief Bernal Koehrsen stated that it his recommendation that the council proceed with a vote on the applications, and that the final decisions is with the Iowa Beer and Liquor Control Department. Chief Koehrsen stated it is his strong recommendation that the council deny the applications and let the applicants appear before the judge. Councilperson Berry stated that she visited with Ms. Philips and is willing to wait two weeks. Councilperson Gronen stated that he feels strongly that we should deal with the applications tonight. Councilperson Murphy stated the council can wait. Councilperson Krizek stated she would like to vote on the applications tonight. Mr. Walsh stated that if the council approves the applications, it is over, but if they deny them they go before an appeal process, and the businesses remain open during the appeal process. Elizabeth Philips, mother of Kimary Philips, stated that these are two young people. Ms. Philips stated that she doesn't feel the council has enough information to make a decision. Ms. Philips stated that her concern is what is the problem, Chief Koehrsen recommended to deny both license and she asked why. Ms. Philips stated that her daughter called Mayor Rooff and Chief Koehrsen to get to the bottom of this. Ms. Philips stated this is a democracy and asked why we don't go through the procedure to discuss it, and our leaders need to be accountable. Ms. Philips stated they need time to become aware of concerns, and that both clubs are trying to give a positive image. Mayor Rooff stated this is a hearing matter and that the state and Chief Koehrsen have records and hopefully their attorney will get the information. Anders/Berry that the following beer/liquor license permit applications be tabled for two weeks: 1. Beer/Liquor License Permit Application Class C Club Thirty Something, 1607 Sycamore Street (Renewal) (Expires 12/15/00) (Includes Sunday Sales) Club Phantasia, 726-728 Logan Avenue (Renewal) (Expires 4/30/01) (Includes Sunday Sales) Ayes: Six. Absent: Getty. Motion carried. BONDS 113704 - Jordan/Murphy that the report of the City Attorney and list of bonds filed with the City Clerk through May 1, 2000, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Getty. Motion carried. ADJOURNMENT 113705 - Jordan/Krizek that the Council adjourn at 7:00 p.m. Ayes: Six. Absent: Getty. Motion carried. Nancy Eckert City Clerk