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HomeMy WebLinkAboutMinutes-7 /20/2009• • July 20, 2009 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 20, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Steve Schmitt, Welper, Reggie Schmitt. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Nancy Eckert, City Clerk. 129467 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, July 20, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 129468 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 13, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. Presentation of plaques by Fire Department to individuals donating over $1,000.00 for the Thermal Imaging Camera.. CONSENT AGENDA 129469 - 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. 1-86, dated July 20, 2009, in the amount of $4,283,921.38, 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. 2009-698. 2. Communication from City Clerk transmitting request of BJ's Sports Bar and Billiards, 110 Ida Street, for a variance to the Noise Ordinance on July 25, 2009 from 6:00 p.m. to 10:00 p.m. in conjunction with BJ's 19th Anniversary Party, including a band in the beer garden in back of the building, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2009-699. b. Motion to deny the following: 1. Communication from City Clerk transmitting request of Scott and Connie Petersen for a variance to the Noise Ordinance on August 15, 2009 from 6:00 p.m. - 11:00 p.m. in conjunction with anniversary party at 1045 Fulton Street, including a band, together with recommendation of denial of Police Chief. c. Motion -to approve the following: 1. Communication from Mayor Tim Hurley transmitting recommendation of appointment of Sulejman Dizdarevic to the Waterloo Commission on Human Rights, with term expiration date of January 1, 2012. 2. Communication from City Clerk transmitting recommendation of appointment of Davette Myles and Sheena McLemore to the part-time position of Parking Meter Enforcement Officer, effective July 21, 2009 subject to passing physical examination. 3. Communication from Building Official/Maintenance Administrator transmitting recommendation of appointment of Tim Moyer to the position of Chief Electrical Inspector, effective July 21, 2009. 4. Kent Shankle, Curator; and Heather Robinson, Temporary Assistant; to pickup Mystical Imagination Exhibition in Washington, DC on July 14-18, 2009, with costs not to exceed $1,830.00, including use of city vehicle. July 20, 2009 Page 2 Consent Agenda continued d. Liquor License Permit Application Class E E. 4th Liquor Store, 1027 East 4th Street (Renewal) (Expires 8/2/10) (Includes Sunday Sales) e. Wine License Permit Application Class B E. 4th Liquor Store, 1027 East 4th Street (Renewal) (Expires 8/2/10) (Includes Sunday Sales) f. Beer License Permit Application Class C E. 4th Liquor Store, 1027 East 4th Street (Renewal) (Expires 8/2/10) (Includes Sunday Sales) g• Beer/Liquor License Permit Application Class C Chapala Mexican Restaurant, 900 LaPorte Road (Renewal) (Expires 8/7/10) (Includes Sunday Sales) Cafe Bar 10, 1108 Jefferson Street (Includes Sunday Sales) h. Outdoor Service Area Application Veterans of Foreign Wars, 1406 Commercial Street i. Bonds Ayes: Six, with Councilperson Steve Schmitt abstaining on PV in the amount of $107.50 and PV in the amount of $85.00 for work performed by Schmitt Telecom Partners. Absent: Greenwood. Motion carried. HEARINGS & BIDS 129470 - Steve Schmitt/Welper that proof of publication of notice of public hearing on 2009 Tibbitts Baseball Complex Fencing Project, as published in the Waterloo Courier on July 10, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129471 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Welper that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 129472 - Steve Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2009 Tibbitts Baseball Complex Fencing Project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-700. 129473 - Steve Schmitt/Welper that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-701. 129474 - Steve Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Amount Miller Fence Company, Waterloo, IA $24,999.99 Ayes: Six. Absent: Greenwood. Motion carried. • 1 • • July 20, 2009 Page 3 Hearings & Bids continued 129475 - Getty/Hart that proof of publication of notice of public hearing on General Obligation Bond Demolition Project, Contract No. 164 -D -GO -07-27-09 (former Rath Maintenance Building), as published in the Waterloo Courier on July 10, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129476 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 129477 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 164 -D -GO -07-27-09 (former Rath Maintenance Building)", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-702. 129478 - Getty/Hart that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-703. 129479 - Getty/Hart that the request of Contracts and Grants Coordinator to change date for bid opening to July 27, 2009, at 5:30 p.m. in the City Hall Council Chambers, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 129480 - Getty/Hart that proof of publication of notice of public hearing on General Obligation Bond Demolition Project, Contract No. 163 -D -GO -07-20-09 (1017 Mobile, 1331 Mulberry, 1015 Fairview, 706 Cottage, 528 N. Barclay, 332 Irving and 509 Adams), as published in the Waterloo Courier on July 10, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129481 - Getty/Hart that the request of the Contracts and Grants Coordinator to delete 332 Irving Street and add 408 Fowler Street, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 129482 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 129483 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 163 -D -GO -07-20-09 (1017 Mobile, 1331 Mulberry, 1015 Fairview, 706 Cottage, 528 N. Barclay, 408 Fowler Street and 509 Adams)", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-704. 129484 - Getty/Hart that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-705. July 20, 2009 Page 4 Hearings & Bids continued 129485 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Contracts and Grants Coordinator for review: Bidder Bid Bond Bid Amount C & J Construction, Cedar Falls, IA $2,623.00 $52,463.00 Kayser Plumbing & Heating, Waterloo, IA $130.00 $49,802.00 Lehman Trucking and Excavating, Waterloo, IA 5% $51,260.00 Ayes: Six. Absent: Greenwood. Motion carried. 129486 - Welper/Reggie Schmitt that proof of publication of notice of public hearing on Purchase of Signal Equipment for Easton & West 11th Street and Hammond & West 11th Street, as published in the Waterloo Courier on July 10, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129487 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Reggie Schmitt that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 129488 - Welper/Reggie Schmitt that "Resolution approving recommendation of Superintendent of Traffic Operations to award bid in the amount of $33,370.00 to Brown Traffic Products of Davenport, Iowa in conjunction with Purchase of Signal Equipment for Easton & West 11th Street and Hammond & West 11th Street", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-706. HEARINGS 129489 - Reggie Schmitt/Welper that proof of publication of notice of public hearing to rezone from "R -3,R -P" Planned Residence District to "C -P" Planned Commercial District approximately 1.47 acres generally located at the northeast corner of Idaho Street and Martin Luther King Jr. Drive for potential commercial development, as published in the Waterloo Courier on July 10, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129490 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Reggie Schmitt/Welper that the hearing be closed and recommendation of approval of Planning, Programming & Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129491 - Reggie Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 401 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Five. Nays: Getty. Absent: Greenwood. Motion carried. 129492 - Reggie Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Four. Nays: Getty, Steve Schmitt. Absent: Greenwood. Motion failed. • • • • July 20, 2009 Page 5 Hearings continued 129493 - Reggie Schmitt/Welper that proof of publication of notice of public hearing on request of Contemporary Urban Development to rezone from "R-2" One and Two Family Residence District to "C -P" Planned Commercial District approximately 0.66 acres generally located north of the northeast corner of Idaho Street and Martin Luther King Jr. Drive for potential commercial development, as published in the Waterloo Courier on July 13, 2009, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129494 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Getty stated he has concerns about rezoning this to commercial when the city does not have any idea what they have in mind to put in those lots. Councilperson Getty asked if there is going to be a liquor store or a tavern, and he asked what can go in there. Noel Anderson, Community Planning & Development Director, stated the 0.66 acre one, which is the request from Contemporary Urban Development, is privately owned land. The 1.47 acres is land owned by the City of Waterloo, so the council would have some control over what would be on the 1.47 acre parcel as it would require selling it and going through our normal process. That question was asked regarding the rezoning of 0.66 acre at the Planning & Zoning Commission. The C -P does allow any commercial use in the C-1 or the C-2, but it does allow the council to come back and the Planning Commission to make a recommendation on the exact layout and style of building, layout of design. In terms of the actual use, it could be any C-1 or C-2 use which would include a liquor store. Councilperson Getty stated he has a problem rezoning this land at this time, but he would rather leave it as it is until such time as the landowner comes in with the project that they want to build and lets the city know what it is. Mr. Anderson stated if this was rezoned tonight and the applicant came in and wanted to put it into commercial use, it would go back to the Planning & Zoning Commission for the design of the building and the site layout. The use would still be permitted, which allows the C-1, C-2. It wouldn't be a matter of whether or not you liked the use, but a matter of if it were properly laid out on the site and part of the existing plan development in that area. It would go to Planning Commission and then to Council. Mayor Hurley asked if liquor stores are included in C-1 zoning. Mr. Anderson responded that liquor stores historically are allowed in C-2 zoning. Mr. Anderson noted that the council asked Planning and Zoning staff to look at liquor stores in other communities, and they are still working on that and not ready to come back with a draft ordinance at this time. Mr. Anderson stated that a lot of other communities have required that a liquor store be a certain distance from other residential uses or other liquor stores, or go through a special permit process. Mayor Hurley asked if there is active interest in these two lots. Mr. Anderson responded that the city does not have anyone interested in our lot, but he thinks the property owner has an active interest in developing his land. The city does not have anyone waiting in the wings at this point. Staff thinks the city's lot is a good site and wanted to rezone it to offer it for sale. Staff feels its a highly attractive site for future development. Councilperson Hart asked what was the discussion during the Planning & Zoning meeting. Were questions asked of the property owner and what was his response to the type of development. Mr. Anderson responded that the Planning Commission did ask and Roosevelt Roby was present on behalf of Contemporary Urban Development, and he was asked what he intended to put there. At that time, Mr. Roby said he did not know, some kind of retail operation but he did not comment on the specific use. James Walsh, City Attorney, suggested that if the council intends to try to limit what is on this piece of property that council not rezone it now. If council rezones it and later blocks it for whatever reason and tells them they can't build something that would have been allowed today council will have to take it. July 20, 2009 Page 6 Hearings continued Mr. Walsh stated its not uncommon for a developer to try to rezone the land to upgrade what can be on there and then just see what comes along, without having any particular plan. The city is doing that with its piece. Council controls what goes on city property, but council doesn't control what goes on private property. Councilperson Steve Schmitt stated he was going to suggest exactly what Mr. Walsh said. If we approve Item 6, we still have control of that property. We could deny item seven for the time being until they came back with specifics. Councilperson Getty asked that council table this item until such time as Planning & Zoning gets everything together. Councilperson Getty stated he questions rezoning this property to Planned Commercial when we don't know what is going to be put in there, whether its going to be a liquor store. Roosevelt Roby stated the State of Iowa and the City have zoning requirements and there are different labels to those. Under each label there are a host of things you can do. They can do anything under that label of C -P as he understands the law, and he has a law degree. Mr. Roby asked why the city is so adamant about nailing them down to the penny as to the exact thing they are going to do there. Mr. Roby said what they are doing is developing a part of Waterloo that has had no development other than the Martin Luther King Jr. Highway. Whatever it will be, it will be legal and within the C -P Zoning classification. Councilperson Getty commended Mr. Roby and asked Mr. Roby to come back to council and request the rezoning when he has a business. Councilperson Getty stated he is concerned about liquor stores, and he is concerned about anything that can go into the C -P Zoning. Mr. Roby stated if they want to put a liquor store in there they should be able to. Mr. Roby stated council didn't ask Noel or others what specifically they are doing to demand that developers can put in the city's property. Mayor Hurley noted that the other property is city -owned, so if someone came forward with a projected use that made this elected body uncomfortable it probably wouldn't go forward. Land that is in private hands is a different nature. We are asking for a little more information. Mr. Roby stated they still are constrained by the zoning classification. That is not to constraint free enterprise. Councilperson Hart asked if the city wanted to put in the parameters for liquor stores like it was earlier discussed, would that have anything to do with this item right now, or is this property already grandfathered in based upon today that if we come back with parameters for liquor stores that it would be included or not. Mr. Walsh noted that Councilperson Hart is talking about the overlay for liquor stores. If somebody has a parcel that is already zoned, it would allow them to put a liquor store up and then we impose an overlay on it. Owners will argue that is a taking. That they had a piece of property that was worth $100,000.00 and we just made it worth $50,000.00 by telling them that they can't build a liquor store there anymore. The current situation where both these properties are you can't build a liquor store there now. If you want to send it back to Planning & Zoning, table it or deny it and say send it us back with a C -P except liquor stores that is something council could do. They could recommend that it be approved for a C -P designation but not for a liquor store. Its clumsier doing it that way. The best way to do this is say bring me a project and then we will consider rezoning. Council has discretion over whether to rezone. These are zoned now and council can just leave them that way and if somebody wants to rezone them they can come with a reason why they want to rezone it. Getty/ that both rezoning requests be tabled until such time we come up with a definition for liquor stores and bars. Councilperson Getty's motion to table died for a lack of a second. • • • • July 20, 2009 Page 7 Hearings continued Reggie Schmitt/Welper that the hearing be closed and recommendation of approval of Planning, Programming & Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 129495 - Reggie Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 402 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: One. Nays: Cole, Getty, Steve Schmitt, Welper, Reggie Schmitt. Absent: Greenwood. Motion failed. UNFINISHED BUSINESS 129496 - Getty/Welper that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $210,161.20 to Cunningham Construction, Inc. of Cedar Falls, Iowa in conjunction with F.Y. 2010 Geraldine Road, Contract No. 767, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-707. PETITIONS FROM PUBLIC 129497 - Hart/Reggie Schmitt that communication from City Planner transmitting request of Veteran Enterprises, Inc. for a Site Plan Amendment to the "M -2,P" Planned Industrial District for a 14,400 sq. ft. Truck Wash and future 4,400 sq. ft. Food Grade Wash and 3,000 sq. ft. Fuel Station/Store along North Elk Run Road, directly across the street and east of Tyson Fresh Meats, together with recommendation of approval of Planning, Programming & Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 3, 2009, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-708. DOCUMENTS 129498 - Hart/Reggie Schmitt that communication from Superintendent of Waste Management Services transmitting Change Order No. 1 for a net increase in the amount of $1,668.00 for work to be performed by Prairie Construction in conjunction with Water Pollution Control Facility Storage Building, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried. 129499 - Hart/Reggie Schmitt that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $210,161.20 with Cunningham Construction, Inc. of Cedar Falls, Iowa in conjunction with F.Y. 2010 Geraldine Road, Contract No. 767, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-709. 129500 - Hart/Reggie Schmitt that communication from Associate Engineer transmitting Agreement for Engineering Services with VJ Engineering of Cedar Falls, Iowa to provide construction related services for an amount not to exceed $7,625.00 for F.Y. 2010 Geraldine Road, Contract No. 767, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-710. July 20, 2009 Page 8 Documents continued 129501 - Reggie Schmitt/Welper that communication from Assistant City Engineer transmitting Construction Plans for Sanitary Sewer Serving South Port, as submitted by VJ Engineering, Inc. of Cedar Falls, and Sewage Treatment Agreement with Iowa Department of Natural Resources, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-711. 129502 - Reggie Schmitt/Welper that communication from Associate Engineer transmitting Notice of Discontinuation of a Storm Water Discharge covered under Iowa NPDES General Permit 2 in conjunction with F.Y. 2007 U.S. 63/Westfield Avenue Connection, Contract No. 730, be received, placed on file and "Resolution approving said notice", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-712 129503 - Reggie Schmitt/Welper that communication from Community Development Director transmitting Amendment No. 4 with agreement with Iowa Department of Economic Development for Community Development Block Grant Supplemental Disaster Recovery Funds to increase the dollar amount from $611,090.00 to $1,892,723.00, which includes the New Construction component for flood recovery, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-713 129504 - Reggie Schmitt/Welper that communication from Fire Chief transmitting 28E Agreement with Board of Trustees of 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. Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt asked how these rates compare to our previous agreements with these entities. Doug Carter, Fire Chief stated that rates were not increased this year. In conjunction with the Black Hawk County Sheriff's Department, we held the line this year. Last year we did a 7 percent increase, and historically we have not made an increase every year. This is a one-year agreement. For the most part, this is for fire service. Ambulance calls are paid by the individual. Mayor Hurley stated there was a lot of discussion with the Fire Chief during budget review, and there is also price distribution theory in there. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Steve Schmitt. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-714. 129505 - Reggie Schmitt/Welper that communication from Fire Chief transmitting 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: Five. Nays: Steve Schmitt. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-715. • • • • July 20, 2009 Page 9 Documents continued 129506 - Reggie Schmitt/Welper that communication from Fire Chief transmitting 28E Agreement with City of Elk Run Heights 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: Five. Nays: Steve Schmitt. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-716. 129507 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting Final Plat of South Port, together with staff report, aerial photo, Deed of Dedication and Report of the City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-717. 129508 - Welper/Reggie Schmitt that communication from Community Planning & Development Director transmitting Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development and CommonBond Communities for East Waterloo Family Housing Project consisting of construction of 40 townhouse style units generally located at the southeast corner of Mobile and Newell Streets located in the Enterprise Zone, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-718. 129509 - Welper/Reggie Schmitt that communication from City Planner transmitting Purchase Utility Easement Agreement with Iowa Department of Transportation at a cost of $1,900.00 for an easement for utility purposes as part of the disposition of excess right-of-way for the Greenhill Road project, directly south of University Avenue, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-719. 129510 - Welper/Reggie Schmitt that communication from Assistant City Engineer transmitting amendment to Right of Entry Agreement with Union Pacific to use city property between East 7th Street and East 8th Street for repairs of the railroad bridge, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-720. 1 129511 - Steve Schmitt/Welper that communication from Community Planning & Development Director transmitting application with U.S. Environmental Protection Agency for Climate Showcase Communities grant in the amount of $500,000.00 to create the protocol for Tech Works site and building space policies, practices, and procedures to ensure that resident businesses and institutions utilize practical, available technologies, products and services to maximize carbon reduction and energy efficiencies, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-721. July 20, 2009 Page 10 Documents continued 129512 - Cole/Reggie Schmitt that communication from Community Planning & Development Director transmitting an Agreement of Prior Lienholder with Midtown Development, LLC for a sidewalk assessment for the Black's Building, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-722. 129513 Cole/Reggie Schmitt that communication from Community Development Director transmitting agreement with U.S. Department of Housing and Urban Development (HUD) for Homelessness Prevention and Rapid Re -Housing Program funds in the amount of $570,881.00, with no required match, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-723. RESOLUTIONS TO BE ADOPTED 129514 - Cole/Reggie Schmitt that communication from Leisure Services Director transmitting 2009-2010 Ice Rates for Young Arena, be received, placed on file and "Resolution approving said rates", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-724. 129515 - Cole/Reggie Schmitt that communication from City Planner transmitting request from landowners for the de -annexation of 347.61 acres generally located along Merle Road, north of Newell Street, X mile east of North Elk Run Road which was annexed for the purpose of construction of a 750 -megawatt coal-fired electric Generation Facility, together with recommendation of city staff and Planning, Programming and Zoning Commission to de -annex 344.34 acres and not de -annex that portion of railroad right of way located in the Southeast 1X of the Southwest X of Section 15, Township 89 North, Range 12 West, be received, placed on file and "Resolution approving said de -annexation", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-725. 129516 - Cole/Reggie Schmitt that communication from Director of Waterloo Convention & Visitors Bureau transmitting application from Cedar Trails Partnership for hotel/motel mini - grant in the amount of $1,000.00 to be used for advertising of upcoming Cedar Trails Festival to be held on August 6-9, 2009 in Waterloo and Cedar Falls, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2009-726. 129517 - Cole/Reggie Schmitt that advance of funds not to exceed $214,400.00 for repayment from the MidPort Urban Renewal Tax Increment Revenue Fund for an economic development grant for land described as South Port Lot 1, which property is located in the MidPort Business Park and direct filing of Certification under Iowa Code Section 403.19, be received, placed on file and "Resolution approving said advance of funds", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked what happens if that project doesn't proceed. • • • • July 20, 2009 Resolutions to be Adopted continued Noel Anderson, Community Planning & Development Director, stated as a part of the development agreement there is a reversion clause that basically says that if they do not proceed with the proposed $1.8 million facility, they have to repay the money back to the city. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Page 11 Resolution adopted and upon approval by Mayor assigned No. 2009-727. ORAL PRESENTATIONS 129518 - Loretta Murphy, 812 Broadway Street, stated they already have three liquor stores and a bar within five to six blocks of one another. They just found out that they are proposing to open another bar that is directly across the street from her house at the corner of Riehl and Broadway. Ms. Murphy stated she has lived in that house for 17 years, and she never seen the violence that she has seen this year. Only today a young man was shot at the Kwik Star down the street from her house, and they believe that another liquor establishment will only cause more violence in their neighborhood. When she goes to work early in the morning she is almost afraid to leave the house because of everything that is going on. She hears gunfire all the time. Her house was shot at two weeks ago. They want this stopped. She has a petition going around and will bring back the petition with the signatures. Ms. Murphy stated that Reverend Jay Burt told her to tell council that he will come back with her representing the Eastside Ministerial Alliance. Reverend Anderson of New Hope Baptist Church is here and the other churches are also supporting this. They don't need that type of thing in their neighborhoods. There are already too many of these types of establishments in their neighborhood so close together. Had they known about that they would have tried to stop that before. They have too much violence in their neighborhood. Mayor Hurley noted that he and council received Ms. Murphy's e-mail. Mayor Hurley stated that they are scheduling a news conference tomorrow morning to address this general issue. Mayor Hurley stated that we are, as a council, as a staff and as mayor, equally concerned. Councilperson Getty asked if Ms. Murphy is talking about what was going to be a car lot. Councilperson Getty stated he understood that building was condemned and ready to be torn down. Louis Cutwright, Building/Maintenance, stated he doesn't know if its ready to be torn down, but it is empty now. Mayor Hurley asked Chief Jennings if he is aware of a liquor license application. Tom Jennings, Chief of Police, responded they have not seen any application, but they usually don't see it until they are ready to open for business. Morris Anderson, Pastor of New Hope Missionary Baptist Church, stated he has serious concerns on what is going on in their neighborhood. As a church, they are trying their best to reach out to the neighborhood to see what they can do to better serve them because right now the young people do not have anything going on in their lives so they resort to things they shouldn't resort to. Reverend Anderson stated its not a time to point fingers or look at what is not being done. Its time to look at ourselves and see what we can do to help the neighborhood become a better neighborhood. Reverend Anderson stated they have outside service every Sunday morning, but they are not going to go back inside but are going to continue to do what they are doing because they know that it is a help to the neighborhood. Reverend Anderson stated he will be contacting Mayor Hurley and Chief Jennings on how the city can help them in trying to better their neighborhood, and he asked them to have an open door and listen to what they have to suggest. Renee Ward, 936 Riehl Street, stated there are a lot children on Riehl Street, from the 500 block to the 900 block. It's a diverse area, with Mexican children, Black children and White children. They are all hanging out either in that parking lot playing or they are up and down the street playing in the alley. Ms. Ward stated she is curious how they can do a lot of the zoning and asked if they are masking it or zoning it as a gas station and then they can put it as a liquor store. It is so easy for a liquor store to be placed almost on every corner. July 20, 2009 Page 12 Oral Presentations continued Ms. Ward stated she was raised in Waterloo, and after her husband died, she cam back home to raise her kids where she knew they would be safe. Now she is afraid for her children, who are 16 and 15, to drive down the street only a couple of blocks from her home because either the gangs are going on, the shootings are going on or its really easy and accessible for kids to get liquor. Ms. Ward stated that she is nervous about how easy it is for a liquor store to be opened on every street corner. Ms. Ward asked how do they do the zoning and why is it so easy for them to open up these types of establishments. Roosevelt Roby stated he is concerned about some of the things that are happening like the other three people who spoke, but he urged council to do something else. Look at if we are infringing upon other peoples right, primarily entrepreneurs. You can govern so much that you over govern. We are in the middle of urbanization. Waterloo needs urbanization, expansion and development. Mr. Roby urged council to be careful of how much constraint they put on people who are willing to invest in our community and trying to determine what they should invest in. Mr. Roby stated that is why we haven't grown, and we have to outgrow that for this city. For this city to grow the way it should, we have to allow entrepreneurship to grow. Govern to a certain extent, but we have to allow it to grow. Mr. Roby stated we are in a capitalist system, and he urged council not to be so conservative that they squash that entrepreneur drive. Look at our downtown, a simple business district. What is it based on. There is a bar on every corner. No one said anything about that. Is it because of location or you think these bars are better than the other bars. Its still liquor whether it comes out of a liquor store or it comes out of a bar. Mr. Roby stated we have so many bars downtown, you can get drunk on every corner. Mr. Roby urged council not to squash the entrepreneur spirit in this city. Mayor Hurley asked in the theoretical case where somebody gets zoned properly and they go through the process and their going to redo a building and their going to have a mini mart or a restaurant or a hair dressers place allowed by C- 1, C-2. Then maybe you go away on vacation or something and you come back and its a bar, could that happen. James Walsh, City Attorney, responded if its in an area that is zoned properly and if the applicant applies correctly for a liquor license yes it can happen. And it does frequently. You see bars turning to dry cleaners and dry cleaners turning to bars. This is the economic activity that Mr. Roby is talking about. However, you have to remember that for a liquor store there is a number of hoops that have to be jumped through. Including being vetted by this group and by the Alcohol Beverage Division of the State of Iowa. If they do anything wrong, they can have that liquor license taken away. We have been through prohibition once already, and he is not going to give an opinion as to whether or not it's a good idea to have a liquor store by your house, and he probably wouldn't want one next to his either. But they are legal businesses and we have to treat them accordingly. Getty/Reggie Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 129519 - Getty/Reggie Schmitt that the Council adjourn at 6:35 p.m. Ayes: Six. Absent: Greenwood. Motion carried. 41. Nancy Eckert, CMC City Clerk •