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HomeMy WebLinkAboutMinutes-05/15/2000a• May 15, 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 15, 2000. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Murphy, Gronen, Getty, Berry. Absent: Krizek. Invocation by: Reverend Dan Phillips, Christian Fellowship Church and Allen Pastoral Care. Pledge of Allegiance: Councilperson Harold Getty. 113748 - Getty/Jordan that the Agenda, as proposed, for the Regular Session on Monday, May 15, 2000, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Krizek. Motion carried. 113749 - Berry/Jordan that the Minutes, as proposed, for the Regular Session on Monday, May 8, 2000, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Krizek. Motion carried. Councilperson Getty stated that on May 8, 2000 a public hearing was held on the request for a site plan amendment for property generally located on the southwest corner of Kimball and Ridgeway Avenues to develop an Osco Store. Councilperson Getty stated that the council received a lot of information, and there were many questions of the council after the meeting. There were concerns brought up not only about the traffic but large semi -trucks going in and out and the number of parking spots. Councilperson Getty stated that council members talked with Fred •Debe and got a lot of answers. Councilperson Getty requested that the site plan amendment be placed on next weeks council agenda for reconsideration. Mayor Rooff read a proclamation declaring May 14-20, 2000, as National Police Week and May 16, 2000, as Peace Officer's Memorial Day. Mayor Rooff read a proclamation declaring May 27, 2000, as KOKZ Cool 105.7 Day. Mayor Rooff read a proclamation declaring May 14-20, 2000, as National Nursing Home Week. HEARINGS AND BIDS 113750 - Jordan/Murphy that proof of publication of notice of public hearing on the proposed Lagoon Controls/Generator Building for WPFC, Contract No. 614, as published in the Waterloo Courier on April 28, 2000, be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 113751 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Gronen that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 113752 - Murphy/Jordan that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Lagoon Controls/Generator Building for WPFC, Contract No. 614", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-255. 113753 - Getty/Jordan that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-256. May 15, 2000 HEARINGS AND BIDS CONTINUED 113754 - Anders/Berry Page 2 to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Water Pollution/Flood Control for review: Bidder Cardinal Construction Company, Inc., Waterloo, IA K & W Electric, Cedar Falls, IA Ayes: Six. Absent: Krizek. Motion carried. 113755 - Getty/Jordan Bid Bond Total Bid 5% $ 525,435.00 55 $ 524,442.00 that proof of publication of notice of public hearing on the proposed F.Y. 2000 Asphalt Overlay Program, Contract No. 618, as published in the Waterloo Courier on May 5, 2000, be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 113756 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Murphy that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 113757 - Berry/Getty that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2000 Asphalt Overlay Program, Contract No. 618", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-257. 113758 - Murphy/Berry that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-258. 113759 - Jordan/Getty to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid Aspro, Inc. & Subsidiaries, Waterloo, IA 5% $3,866,388.68 Ayes: Six. Absent: Krizek. Motion carried. HEARINGS 113760 - Getty/Gronen that proof of publication of notice of public hearing on request of Union Missionary Baptist Church to sell and convey a parcel of land generally located at the northeast corner of North Barclay Street and Shilliam Avenue for $500.00, as published in the Waterloo Courier on May 8, 2000, be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 113761 - 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 oral and written comments be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 4-4 May 15, 2000 • • HEARINGS CONTINUED 113762 - Berry/Anders Page 3 that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval of Mayor assigned No. 2000-259. 113763 - Anders/Jordan that proof of publication of notice of public hearing on the request of B. Schultz Company to sell and convey a portion of vacated Litchfield Avenue generally located between David and Columbia Streets for $3,637.47, as published in the Waterloo Courier on May 2, 2000, be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 113764 - 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 oral and written comments be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 113765 - Getty/Jordan that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval of Mayor assigned No. 2000-260. UNFINISHED BUSINESS 113766 - Anders/Jordan that communication from Assistant City Engineer transmitting Construction Overage Funding Certification with the Economic Development Administration in conjunction with F.Y. 2000 Sycamore Street Reconstruction and Vinton Street Storm Sewer Improvements, Contract No. 613, be received, placed on file and "Resolution approving said certification", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-261. 113767 - Anders/Jordan that communication from Assistant City Engineer transmitting recommendation of award of contract in the amount of $978,598.46 to Rampart Corporation of Waterloo, Iowa, in conjunction with the F.Y. 2000 Sycamore Street Reconstruction and Vinton Street Storm Sewer Improvements, Contract No. 613, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-262. PETITIONS FROM PUBLIC 113768 - Getty/Jordan that communication from City Engineer transmitting request of Crossroads Assembly of God Church to place temporary signage on city right-of-way at Langley Road off Hammond Avenue in conjunction with F.Y. 2000 Street Reconstruction Project, Contract No. 616, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-263. 113769 - Getty/Jordan that communication from Associate Engineer transmitting request of Peterson Contractors, Inc., for a variance of Chapter 25.5 of the Noise Control Ordinance effective May 16 - November 1, 2000, in conjunction with F.Y. 2000 Martin Luther King Jr., Drive -Phase IV and V, Contract No. 556, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-264. May 15, 2000 REPORTS 113770 - Jordan/Berry Page 4 that communication from City Clerk transmitting April 2000 Financial Report, with total revenues in the amount of $13,416,809.69 and total expenditures in the amount of $9,767,895.35, be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. DOCUMENTS 113771 - Gronen/Anders that communication from Associate Planner transmitting application for Gail Atwood for tax exemptions on improvements totaling $12,126.55 for property located at 1225 Williston Avenue in the Consolidated Urban Revitalization Area Plan, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward application to the Black Hawk County Assessor. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-265. 113772 - Gronen/Anders that communication from Associate Planner transmitting application for Brad and Carol Morris for tax exemptions on improvements totaling $22,680.00 for property located at 1616 Williston Avenue in the Consolidated Urban Revitalization Area Plan, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward application to the Black Hawk County Assessor. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-266. 113773 - Gronen/Anders that communication from Associate Planner transmitting application for Jon C. Foote for tax exemptions on improvements totaling $26,500.00 for property located at 1001 Kimball Avenue in the Consolidated Urban Revitalization Area Plan, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward application to the Black Hawk County Assessor. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-267. 113774 - Gronen/Anders that communication from Associate Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Cedar Falls Construction Co., Inc., of Cedar Falls, Iowa, in conjunction with F.Y. 2000 Eighteenth Street Bridge Deck Repair Program, Contract No. 621, be received, placed on file and "Resolution approving said documents", be adopted and two-year maintenance bond be received and placed on file. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No 2000-268. 113775 - Gronen/Anders that communication from Senior Planner transmitting agreement with Wal-Mart Stores East, Inc., for cost sharing in the amount of $100,000.00 for a right - turn lane for eastbound traffic on San Marnan Drive onto Flammang Drive be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-269. 113776 - Gronen/Anders that communication from City Planner transmitting proposed Development Agreement with Charles and Joanna Landau, dba Polar Bear Investments, for construction of a two-story building located on West 4th Street, with tax rebatement for ten years at 100 percent, less the debt service levy, with an estimated tax rebate of $13,940.00 per year, estimated construction cost of $600,000.00, a minimum assessment of $400,000.00 until January 1, 2016, and a $40,000.00 grant, be received, placed on file and "Resolution approving said Development Agreement", be adopted and Mayor and City Clerk authorized to execute same. • • May 15, 2000 DOCUMENTS CONTINUED Prior to a vote on the above motion, the following comments were heard. Page 5 Mayor Rooff stated that the $40,000.00 grant is the city's contribution to infrastructure because after the buildings burned, the compaction put back in was not suitable for building. Mayor Rooff stated that the Landaus were going to put in a one-story building and the city asked them to build a two-story building to keep the look of the downtown. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-270. 113777 - Gronen/Anders that communication from Senior Planner transmitting an addendum to Development Agreement with John and Suzanne Dutcher, dba Clear Windows, LLP, to build a 9,800 square foot facility with expansion capability of 6,100 square feet within 5 years, be received, placed on file and "Resolution approving said addendum", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-271. 113778 - Gronen/Anders that communication from Assistant City Engineer transmitting Contracts, Bonds, and Certificates of Insurance in the amount of $978,598.46 from Rampart Corporation of Waterloo, Iowa, in conjunction with F.Y. 2000 Sycamore Street Reconstruction and Vinton Street Storm Sewer Improvements, Contract No. 613, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-272. RESOLUTIONS TO BE ADOPTED 113779 - Jordan/Gronen that "Resolution naming Firstar Bank, N.A., as a depository for the City of Waterloo," be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-273. ORDINANCES TO BE ADOPTED 113780 - Berry/Anders that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 20-9, Unfair or Discriminatory Practices - Housing, of Chapter 20, Human Relations; and enacting in lieu thereof new Section 20-9, Unfair or Discriminatory Practices - Fair Housing Ordinance", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Krizek. Motion carried. 113781 - Jordan/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Krizek. Motion carried. 113782 - Anders/Berry that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 20-9, Unfair or Discriminatory Practices - Housing, of Chapter 20, Human Relations; and enacting in lieu thereof new Section 20-9, Unfair or Discriminatory Practices - Fair Housing Ordinance", be received, placed on file and passed for the second and third times and adopted. Ayes: Six. Absent: Krizek. Ordinance adopted and upon approval by Mayor assigned No. 4415. x May 15, 2000 BILLS PAYMENT 113783 - Jordan Page 6 that "Resolution approving Schedule AP640, pp. 1-86, dated May 15, 2000, in the amount of $972,438.10, 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: Krizek. Resolution adopted and upon approval by Mayor assigned No. 2000-274. MISCELLANEOUS 113784 - 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. 1. Beer License Permit Application Class C Metro 66, 1625 West 4th Street (Renewal) (Expires 6/8/01) (Includes Sunday Sales) Falls Road Drug, 2027 Falls Road Avenue (Renewal) (Expires 4/30/01) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Buzz's Bar Inc., 1016 Maynard (Renewal) (Expires 5/27/01) (Includes Sunday Sales) R.J. Boars BBQ, 3821 University Avenue (Renewal) (Expires 6/3/01) (Includes Sunday Sales) Southtown Lounge, 2026 Bopp Street (New Owner) (Expires 6/7/01) (Includes Sunday Sales) Ayes: Six. Absent: Krizek. Motion carried. 113785 - Eric Johnson, representing Kimary Phillips, asked for reasons why the city would deny these licenses, that unless they know why the licenses are being denied they are unable to answer or rebut. Councilperson Getty stated that the Police Chief has recommended denial. The applicant can appeal to the Iowa Beer and Liquor Control Department, and they will make the final determination. Councilperson Getty stated that the businesses can stay open during the appeal process. Mr. Johnson requested a copy of the letter sent by Chief Koehrsen under the Open Records Law. ® Assistant City Attorney Sang -Ki Han stated that the letter is attorney/client privilege. Mr. Han stated that he had explained to Mr. Johnson that the Police Chief recommended denial because the true holder of the license is not allowed by law to hold a license. Mr. Johnson stated that Al Campbell is the fiancee of Ms. Phillips, and that he has represented Ms. Phillips since 1998. Mr. Johnson stated that he has handled the legal work setting up corporations for both establishments and took special care to keep Mr. Campbell from any ownership. Mr. Johnson stated that Ms. Phillips is the sole owner of the business, and that Mr. Campbell has an interest in the underlying real estate, and Ms. Phillips has a lease with him. Mr. Han stated that the city believes the licenses were obtained unlawfully. Mr. Han stated that Chief Koehrsen is asking the council to honor his recommendation of denial. Mr. Han stated that we believe the true license holder on the premises is not legally entitled to hold a license, and that we believe this is a sham and the licensee is really Mr. Campbell. Mr. Johnson stated that Mr. Campbell cannot be owner/liquor license holder. Mr. Johnson stated that they can go to Des Moines and appeal the denial which will cost additional dollars, and they don't think that is fair. Mr. Johnson stated that they feel this should be debated before the council. Mr. Johnson asked if there is a specific reason why the city believes Mr. Campbell is the license holder, and that Mr. Campbell only has an interest in the underlying real estate. There is nothing prohibiting Mr. Campbell from owning the underlying real estate, and there is nothing prohibiting him from working there. • • May 15, 2000 • • Page 7 MISCELLANEOUS CONTINUED Kimary Phillips stated that due process says the city should tell them what the charges are and give them an opportunity to be heard. Ms. Phillips stated that the city council needs to be accountable for its action and not make decisions based on the recommendation of the Police Chief. Ms. Phillips stated there appears to be a pattern where minority-owned bars are being targeted by the Police Department. Ms. Phillips stated that this raises pattern of racism against bars owned by African-American, Hispanic and Bosnian residents of this city. Ms. Phillips stated that the Black community needs a place to meet, and that young and old Blacks believe their social life is being taken away from them. Councilperson Berry stated that she spoke with Ms. Philips, who is a reputable businesswoman, and various members of the community, and there are concerns regarding both establishments. Councilperson Berry stated that the problem with Club 30 Something is probably management. Councilperson Berry stated that she votes yes for Club Phantasia and no to Club 30 Something. Getty/Jordan that the following beer and liquor license permit application be received, placed on file and denied per recommendation of the Police Chief: Beer/Liquor License Permit Application. Class C Club Thirty Something, 1607 Sycamore Street (Renewal) (Expires 12/15/00) (Includes Sunday Sales) Ayes: Six. Absent: Krizek. Motion carried. 113786 - Getty/Jordan that the following beer and liquor license permit application be received, placed on file and denied per recommendation of the Police Chief: Beer/Liquor License Permit Application Class C Club Phantasia, 726-728 Logan Avenue (Renewal) (Expires 4/30/01) (Includes Sunday Sales) Ayes: Five. Nays: Berry. Absent: Krizek. Motion carried. BONDS 113787 - Jordan/Anders that the report of the City Attorney and list of bonds filed with the City Clerk through May 15, 2000, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Krizek. Motion carried. ADJOURNMENT 113788 - Jordan/Anders that the Council adjourn at 6:17 p.m. Ayes: Six. Absent: Krizek. Motion carried. Nancy Eckert City Clerk