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HomeMy WebLinkAboutMinutes-08/09/2010• • August 9, 2010 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, August 9, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Welper, Hart. Absent: Greenwood, Schmitt. Moment of Silence. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. 135005 - Hart/Cole that the Agenda, as amended to amend item #3 adding the location and postponing the appointment of Scott Evans and Matt Gardner, for the Regular Session on Monday, August 9, 2010, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. 135006 - Hart/Cole that the Minutes, as proposed, for the Regular Session on Monday, August 2, 2010, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. Mayor Clark read a Proclamation declaring August 14, 2010 as Social Security - Go Green, Go Online, Going Strong at 75 Day. John Grider thanked the City of Waterloo for all they do and announced that they had a very successful day. Mayor Clark recognized the August Team Member of the Month, David Becker. CONSENT AGENDA 135007 - Hart/Welper 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. 1-72, dated August 9, 2010, in the amount of $1,588,336.68, 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. 2010-692. 2. Request of Morris Anderson, New Hope Missionary Baptist Church Pastor for a variance to the Noise Ordinance on August 15, 2010, August 22, 2010 and August 29, 2010 from 10:30 a.m. to 1:00 p.m. in conjunction with Annual Outdoor Worship Services that will be held in the church parking lot at the corner of Broadway Street and Conger Street, including live band and PA system, together with recommendation of approval of Chief of Police - Submitted by Suzy Schares, City Clerk Resolution adopted and upon approval by Mayor assigned No. 2010-693. 3. Request of Barbara Jenkins for a variance to the Noise Ordinance on August 14, 2010 from 10:00 a.m. to 3:00 p.m. in conjunction with Leo Git Down Affair, including live DJ and PA system, together with recommendation of approval of Chief of Police -Submitted by Suzy Schares, City Clerk Resolution adopted and upon approval by Mayor assigned No. 2010-694. 4. Request of Lou Porter to hold KBBG-FM 34th Annual Parade on August 21, 2010 starting at 10:00 a.m., with route to start at Gates Park on Lester & 4 th Streets, then south on Linn to Newell Street, turn right onto Newell Street, left to East 4th Street to Sumner Street, left onto Mobile Street and end at KBBG radio station on the corner of Mobile and Newell Streets - Submitted by Daniel J. Trelka, Chief of Police Resolution adopted and upon approval by Mayor assigned No. 2010-695. 5. Request by East Waterloo Family Housing, LLLP for an concrete driveway to be located at 100 Unity Square, together with recommendation of approval - Submitted by Eric Thorson, P.E., City Engineer Resolution adopted and upon approval by Mayor assigned No. 2010-696. August 9, 2010 Page 2 6. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees- Submitted by Dennis Clark, General Manager of Waterloo Water Works: Resolution adopted and upon approval by Mayor assigned No. 2010-697. b. Motion to approve the following: 1. 2. 3. Travel Requests Address Amount to certify 1026 Ackermant Street $307.85 326 Crescent Place $1,480.07 1610 Logan Avenue $1,535.01 708 West 7th Street $442.00 2120 City View Street $3,640.29 119 Ricker Street $1,853.58 307 Bratnober Street $2,400.00 614 Oneida Street $3,400.00 232 Center Street $2,845.00 Resolution adopted and upon approval by Mayor assigned No. 2010-697. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Rick Curran, Leisure Services Facilities Manager Certified Playground Safety Institute (CPSI) certification Davenport, Iowa October 11-13, 2010 $610.00 Travis Nichols, Construction Foreman; Larry Vogel, PMII Construction Certified Playground Safety Institute (CPSI) certification Davenport, Iowa October 11-13, 2010 $1,030.00 17 Law Enforcement officers from 11 agencies in the LEIN Region 2 area—on file in the City Clerk's office Mid States Organized Crime Information Center Conference Branson, Missouri September 13-17, 2010 $12,840.98 4. Approval of Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Bob Reisinger g Community Development Board 8/17/2013 New Appointment Amber Boyd Community Development Board 8/17/2013 New Appointment Deb Terhune Plumbing Board for Licensing and Appeals 3/1/2011 Re -Appointment Mike Brocka Plumbing Board for Licensing and Appeals 3/1/2011 Re -Appointment Mitch Bond Plumbing Board for Licensing and Appeals 3/1/2011 Re -Appointment • • August 9, 2010 Page 3 5. Beer License Permit Application Class C Guppy's On The Go, 1615 Bishop Avenue (Renewal) (Expires 9/8/2011) (Includes Sunday Sales) 6. Liquor License Permit Application Class C Las Margaritas, 2822 University Avenue (Renewal) (Expires 6/30/2011) (Includes Sunday Sales) Casey's Pub & Eatery, 1125 W. Donald. Street (New) (Expires 8/1/2011) (Includes Sunday Sales) 7. Outdoor Service Area Application Casey's Pub & Eatery, 1125 W. Donald Street 8. Bonds Mr. Getty stated item number 2 is a request of Morris Anderson and the New Hope Baptist Church. They are requesting a PA system and a live band on the corner of Broadway and Conger Street. It is going to be for August 15, 23, and 29th, for three consecutive Sundays and I have a problem with approving this for the simple reason of the noise. They have quite a large band and a choir and it is a great service. They have a lot of people out there but the noise you can hear for 4 or 5 blocks away. As far as what type of service it is, it is great. Item number 2 on there application says what would probably exceed our ordinance is the PA system and the church band playing. I can't support this action because of the fact of the noise it is going to cause and it is from 10:30 until 1:00. That is quite a long time for it. Mayor Clark stated he believes this church did this last year. Did you get complaints last year? Mr. Getty stated constantly. Morris Anderson, Pastor New Hope Missionary Baptist Church, 17 Broadway St., stated I hear Mr. Getty's concern but we have been doing this for now for, this will be our third year. It has been a blessing to the neighborhood. When you talk about all the negative that is going on in our neighborhood, why would you want to shut this down when it has been a plus. We walk in our neighborhood; we pass out flyers and get a chance to talk to our neighbors to see what they need. It is not the majority, it is just a few people and you have that all the time. To deal with, the reason I answered the question is because it is a question that needs to be answered. To kind of solve the problem, all it takes is to turn the stuff down. It is a simple fix. To me it is a blessing. We have our services. We have free food. Next year we have been trying to expand it to have free clothing and a lot of other stuff that we can do in our neighborhood because our neighborhoods need a new hope. Mr. Getty stated Mr. Anderson I have no problem with what you are doing. If you could just keep the noise down a little lower. Mr. Anderson stated I would even say this, last year two policemen went across the street and this was before I met with Chief Jennings, they pulled out their equipment. They ran the test, no problem. Ayes: Five. Motion carried. Mayor Clark recognized the new appointments to the boards and commissions. PUBLIC HEARINGS 135008 - Hart/Welper that proof of publication of notice of public hearing on Window Replacement - Waterloo Fire Stations 1, 3, 4 & 6, as published in the Waterloo Courier on July 27, 2010, be received and placed on file. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. 135009 - Hart/Welper that hearing and bid opening be moved to August 16, 2010 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and bid opening on Window Replacement - Waterloo Fire Stations 1, 3, 4 & 6, be received, placed on file and approved. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. 135010 - Getty/Hart that proof of publication of notice of public hearing on F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781, as published in the Waterloo Courier on July 22, 2010 and July 29, 2010, be received and placed on file. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. August 9, 2010 Page 4 135011 - 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: Five. Absent: Greenwood, Schmitt. Motion carried. 135012 - Getty/Hart that "Resolution adopting Proposed Resolution of Necessity, as proposed or amended", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-698. 135013 - Welper/Hart that proof of publication of notice of public hearing on F.X. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781, as published in the Waterloo Courier on July 22, 2010 and July 29, 2010, be received and placed on file. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. 135014 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Hart that the hearing be closed. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. 135015 - Welper/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-699. 135016 - Welper/Hart that "Resolution ordering construction in conjunction with F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, ContraJt No. 781", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-700. 135017 - Welper/Hart to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount B & B Builders & Supply 5748 Sierra Drive Waterloo, IA 50701 5% $184,478.95 Ayes; Five. Absent: Greenwood, Schmitt. Motion carried. 135018 - Hart/Welper that proof of publication of notice of public hearing on Purchase of One 2010 John Deere 7330 Tractor with Attachments, as published in the Waterloo Courier on July 29, 2010, be received and placed on file. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. 135019 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Welper that the hearing be closed. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. 135020 - Hart/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of One 2010 John Deere 7330 Tractor with Attachments", Ilibe adopted. Ayes: ive. Absent: Greenwood, Schmit • • August 9, 2010 Resolution adopted and upon approval by Mayor assigned No. 2010-701. 135021 - Hart/Welper Page 5 that "Resolution authorizing to proceed in conjunction with Purchase of One 2010 John Deere 7330 Tractor with Attachments", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-702. 135022 - Hart/Welper to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Amount Waterloo Implement 2415 Sergeant Rd Waterloo, IA 50701 $140,426.91 Waverly Implement 1416 4th St Waverly, IA 50677 $141,364.91 Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. RESOLUTIONS 135023 - Cole/Hart that "Resolution approving recommendation of acceptance of bid from Uniform Den of Moline, Illinois in conjunction with the Police Department Body Armor Replacement Program at a cost of $589.00 per vest over the course of the five- year contract -Submitted by Dan Trelka, Chief of Police", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Mr. Welper stated Chief Trelka, you and I have discussed the bidding process and I see that you did not take low bid on either one of these items. Obviously I want to support our police department. Are we comparing apples to oranges here? Police Chief Dan Trelka stated we are comparing apples to apples actually. For the first item for $589.00 out of both vendors, they are only vendors that would supply us with vests fitted for women. And in addition the way they are made, they are more comfortable than all the other vests. In regard to the second item for $2,275.00 again comfort was superior over the other vendors and it provided much more protection than the other vendors for the officers. Resolution adopted and upon approval by Mayor assigned No. 2010-703. 135024 - Cole/Hart that "Resolution approving recommendation of acceptance of bid from Streicher's Supply of Butler, Wisconsin in conjunction with the Purchase of Tactical Body Armor at a cost of $2,275.00 per unit -Submitted by Dan Trelka, Chief of Police", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-704. 135025 - Cole/Hart that "Resolution approving recommendation of award of bid to Space Age Synthetics, Inc. of Fargo, North Dakota in conjunction with the Purchase of Young Arena Ice Floor Cover in the amount of $83,800.00 -Submitted by Paul Huting, Leisure Services Director", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-705. 135026 - Getty/Cole that "Resolution approving agreement with Iowa Department of Cultural Affairs for an Iowa Great Places Grant in the amount of $90,000.00 with a 30 percent match award in conjunction with the River Renaissance Trail and authorize Mayor to execute said document -Submitted by Paul Huting, Leisure Services Director", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. August 9, 2010 Page 6 Resolution adopted and upon approval by Mayor assigned No. 2010-706. 135027 - Getty/Cole that "Resolution approving REAP grant request in the amount of $171,902.00 with a $20,000.00 cash match in conjunction with the Riverview Recreation Area Improvements and authorize Mayor to execute said document -Submitted by Paul Huting, Leisure Services Director", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-707. 135028 - Getty/Cole that "Resolution approving Memorandum of Understanding with INRCOG to prepare a REAP grant application for Riverview Recreation Area Improvements in an amount not to exceed $2,000.00 and authorize Mayor to execute said document -Submitted by Paul Huting, Leisure Services Director", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-708. 135029 - Welper/Hart that "Resolution approving Request Letter from AECOM for professional services in conjunction with U.S. Highway 63 Improvements in the amount of $3,900.00 and authorize Mayor to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-709. 135030 - Welper/Hart that "Resolution approving a City/State Agreement Addendum in conjunction with F.Y. 2011 U.S. Highway 63 Improvements, Contract No. 790 for up to $343,000.00 of Transportation and Community System Preservation funding and authorize Mayor and City Clerk to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Mr. Welper stated I drove out Highway 63 and I don't know what say we have in that project out there but they are starting to do an overlay. What are they going to do with the median? Are they just going to pave that? Does anybody know: that is pretty ugly. People come into our community looking at that. I hope we don't just paint it. That we actually approve that as well. But it is state controlled. Mayor Clark stated even the overlay this year was kind of a temporary thing. They went over it just because the road surface was in such bad shape. That whole thing is going to be torn up next year and redone with the 63 improvements. We were pretty fortunate to get done just what we got done on the road surface and I doubt they do anything quite honestly with the median because it is going to torn up next year. Mr. Welper stated I couldn't understand why they were putting overlay down if they were going to pull it up but I thought well. Some of it is painted and some of it isn't. Resolution adopted and upon approval by Mayor assigned No. 2010-710. 135031 - Welper/Hart that "Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $365,728.50 with Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2011 Ridgeway Avenue and La Porte Road Connection, Contract No. 775 -Submitted by Jeff Bales, Associate Engineer", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-711. 135032 - Hart/Welper that "Resolution approving recommendation of award of bid to Cedar Rapids Truck City of Cedar Rapids, Iowa in conjunction with the Purchase of One (1) 2011 Automated Side -Loading Garbage Truck in the amount of $209,552.71 -Submitted by Mark Rice, Central Garage Superintendent", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-712. 135033 - Hart/Welper • • • • August 9, 2010 Page 7 that "Resolution approving request for authorization to destroy certain records and papers -Submitted by Suzy Schares, City Clerk", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-713. OTHER COUNCIL BUSINESS 135034 - Hart/Cole to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. in conjunction with Library Boiler Replacement, be received, placed on file and approved. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. 135035 - Hart/Cole that specifications, form of contract, etc. in conjunction with Library Boiler Replacement, be received and placed on file. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. 135036 - Hart/Cole that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with Library Boiler Replacement", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-714. 135037 - Hart/Cole that "Resolution setting date of hearing on specifications, form of contract, etc. and taking of bids as August 23, 2010 at 5:30 p.m. in the City Hall Council Chambers on the Library Boiler Replacement", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-715. 135038 - Cole/Hart to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Mark's Park Play Area and Performance Structure, Contract No. 773, be received, placed on file and approved. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. 135039 - Cole/Hart that plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Mark's Park Play Area and Performance Structure, Contract No. 773, be received and placed on file. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. 135040 - Cole/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Mark's Park Play Area and Performance Structure, Contract No. 773", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-716. 135041 - Cole/Hart that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as September 7, 2010 at 5:30 p.m. in the City Hall Council Chambers on F.Y. 2011 Mark's Park Play Area and Performance Structure, Contract No. 773", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-717. 135042 - Getty/Hart to instruct Superintendent of Traffic Operations to prepare plans, estimate of cost, etc. in conjunction with Hammond and Ridgeway Avenue Intersection Improvement Project, be received, placed on file and approved. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. 135043 - Getty/Hart August 9, 2010 Page 8 that plans, specifications, estimate of cost, etc. in conjunction with Hammond and Ridgeway Avenue Intersection Improvement Project, be received and placed on file. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. 135044 - Getty/Hart that "Resolution preliminarily approving plans, specifications, estimate of cost, etc. in conjunction with Hammond and Ridgeway Avenue Intersection Improvement Project", be adopted. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-718. 135045 - Getty/Hart that "Resolution setting date of hearing on plans, specifications, estimate of cost, etc. and taking of bids as August 23, 2010 at 5:30 p.m. in the City Hall Council Chambers on Hammond and Ridgeway Avenue Intersection Improvement Project", be adopted and City Clerk instructed to publish notice of same with project to be let by IDOT. Ayes: Five. Absent: Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-719. 135046 - Welper/Jones that the following application be approved: Liquor License Permit Application Class E E. 4th Liquor Store, 1027 E. 4th Street (Renewal) (Expires 8/2/2011) (Includes Sunday Sales) Russell Tidwell, 937 Conger Street, I work for the ARA Corporation also known as the E. 4th Liquor Store. I've worked for this corporation for over five years. And in that period of time I've made one phone call to the police department. I did everything possible to keep our traffic moving. I posted no loitering signs which they said was not legal unless I came down to the police department and reported it to have the police move traffic along. That has been done. I've also taken some bids for bullet proof glass on the inside of our building. Its unfortunate that we had an incident in June. And it was written up in the paper and that's like pouring salt into a wound. That was a lose -lose situation. And I still feel sorry for the families and I feel sorry for the person that had to take the action that he did. But our store was in existence before the Talk Shop Cafe became in existence. And they said that they're in close proximity of us when it should be reversed. And I use Talk Shop Cafe twice a week and never had gotten a complaint from Mr. Goodson who is the operator and owner of that cafe. I have not got no complaint. We have never been cited for underage drinking nor tobacco. And they have came in and what they are suppose to do and we've passed the test every time. So to deny this liquor license is to cut our throat because I have two children I have to raise, a six and fourteen year old. And I would like to continue to work. And that's a safe environment. The paper stated something else. Its not the liquor store it's the people that want to make a living off of other people by force. And that's coming into the store to do a robbery. They've robbed Hy -Vee, the Chinese place, two liquor stores on Broadway, the Kwik Star and Kwik Trip. It's a rash of that and it's a lot on the street. And I commend the police for what they are trying to do. But to deny us a liquor license would be unfortunate. Phil Burnett, 1902 Newell Street, I just want to say that I am a victim of the owners of this situation here. I'm a retired mechanical engineer. I retired in 2007 and I came back to Waterloo. Ever since the police is round about there. Its filled with rash or calls about my vehicle. Just parking up I wind my windows up and talk to my folks on the line and they called police. They use the police to their advantage. They bring the police in, the police comes, they check my out, they move me. They even went to the extent of having to put up signs saying 10 minutes parking where you can not park. But now their going to have a club right there on Dane Street they use. And I say they because my attorney and I followed the laws all the way to Washington to have an agent here. So I just wanted to say that I'm against this here. I've been to jail numerous times for entering the premises even to get a pop because I don't drink. The liquor store has pop. The order of the agent here objected to me being on the premises. Now mind you I don't know the guy from jack or anything. They don't know me they know my vehicle. And again I say if you go down you will see way back in 2006-2008 you will find me. What this is a restraining order that they do have against myself and I, Mr. Roby. They use the city for their own purposes. Because what's the sense of having a 10 minute parking in from of a pub. We have cars up and every time I show up the cops will always about to do their job once a citizen call them to come and see what's going on. Mayor Clark, are we talking about the same place? • • • • August 9, 2010 Page 9 Mr. Burnett, yes but I'm talking about on the street though. Mayor Clark, I'm not sure what that has to do with a liquor license. Mr. Burnett, well I'm just saying that I'm a victim of the operation and whatever they are trying to do there. I'm against it. Michael Blackwell, representing the Board of Directors of Social Action Incorporated (SAI) , the purpose of this letter, which I have sent to the City Council and to the Mayor, is to express our strong opposition to granting a license renewal to the E. 4th Liquor Store at 1027 E. 4th Street. Over the past few years there has been an effort to revitalize the neighborhood along the heart of the northeast corridor through community centers and events that cater to children, youth and young adults as well as all members of the City of Waterloo. It is the consensual belief of the members of the Board of Directors of Social Action Incorporated that the establishment and continued presence of E. 4th Liquor Store are antithetical to the type of development we are seeking in the area and anathema to children and youth who are high ubiquitous in that area. They come from East High School, they are tended at the Lily Furgerson Child Development Center, they recreate at the Boys and Girls Club, they get a fresh beginning at Head Start in the Eastside Ministerial Alliance Community Center, and they learn through educational programs at the Talk Shop Cafe, which is right next door to the East 4th Liquor Store. There is not a dearth of research that shows the dystopian, detrimental, and deleterious effects related to the presence of liquor stores in communities: homicide, rape, assault, robbery, and traffic violations. When a liquor store is situated in an area where there is unemployment, poverty, and a history of structural racism, research shows, the rate of these destructive effects are multiplied and intensified over time. With the Talk Shop Cafe and the Lily Furgerson Child Development Center just a few steps adjacent to the East 4th Liquor Store, it is mind-boggling that the obvious injustice and perniciousness of liquor store in close proximity to them seemed to escape previous licensure. We declare that this infraction, or rather, this cultural infarction, if you will, should not happen again. We understand that alcohol is legal and that liquor stores engage in commercial business that is allowable. We are supportive of entrepreneurship and economic ventures. However, we are gravely concerned when the selling of alcohol, the cavorting and consorting of adults in the parking lot outside the liquor store, many of whom are carrying purchased alcoholic beverages, and the disrespect of property and person and the squandering of time that are usual happenstances at the East 4th Liquor Store our children and youth can see as they innocently walk or pass by on a daily basis. Hence, we the members of the Board of Directors of SAI emphatically express our disturbance over the existence of the E. 4th Liquor Store where neighborhood, cultural, educational, and economic enrichment and revitalization are occurring. As a result of our outrage, we ask that the Mayor and City Council of Waterloo reject the application for license renewal of the East 4th Liquor Store. LaTanya Graves, 607 E. Donald Street, I believe an e-mail was sent from Sharon Goodson. Mayor Clark, I should have said this at the beginning but we have received several letters, e-mails and calls and we do have those on file. LaTanya Graves, research extensively shows that there is a disproportionate number of liquor stores in African American communities per capita than in other demographic and census tract areas. The supply of alcohol in other areas is primarily in restaurants, which scarcely exist in neighborhoods where blacks and the poor live. In Waterloo, the liquor store on East Fourth Street is in close proximity to East High School, the Lily Furgerson Child Development Center, the Eastside Ministerial Alliance Community Center, the Boys and Girls Club, and the Talk Shop Cafe, which is right next door. These are places where people under the age of 18 frequent, and often they are pre -adolescent children. The majority of these children and youth are African American. Clearly, the availability of alcohol at liquor stores affect directly or indirectly the demand for such products, just as the availability of crack cocaine increases use—according to research done as early as the late 1980s and the early 1990s. Furthermore, it has been shown, this relatively high accessibility of alcohol in 19ow-income black neighborhoods, such as East Waterloo, may distort African American youths' perceptions surrounding appropriate levels of consumption of alcohol. Moreover, there are significant associations between the per capita number of liquor store licenses in a census tract and other social problems, including assaults, rapes, homicides, and additional violent crimes. It is not because alcohol -consumption is higher amount African Americans in these communities; there is not a cause -effect relationship here. It's not that the supply is a response to demand necessarily; it could be that the demand id induced by the supply. Regardless, the presence of the East 4th Liquor Store among minors along pedestrian routes and in close proximity to places where children and youth matriculate is very problematic in a community where there is August 9, 2010 Page 10 poverty, underemployment, a lack of structured social outlets, and inadequate opportunities. The institutions mentioned above are seeking to improve the life chances of those traditionally underserved, and a liquor store amount these fine institutions is antithetical to their missions and goals. Hence, the officers and members of the Black Hawk County Branch of the NAACP strongly recommend the Waterloo City Council deny the liquor store a license renewal to sell alcohol in this neighborhood. The East 4th Liquor Store at 1027 East 4th Street is anathema to our efforts to revitalize the corridor of East Fourth Street. Therefore, it must not be permitted to operate where the youngest generation of our children is learning, socializing, and developing. Thank you for your time and your consideration of this request. And it is signed by the members at the bottom. I also have information from the Cedar Valley 10 Point Plan and right at the top it says a community wide plan to help young people develop more positive and productive lifestyles and a liquor store is not in my opinion. And then I have information that I would like you to have that outlines how alcohol outlets effect neighborhood violence. Belinda Creighton -Smith, 416 Oliver Street, I must preference my remarks by saying that the incident that occurred at 1027 E. 4th Street was more than an incident. It was a horrific tragedy. And the victims in that tragedy were not only Tony Sproles and Robert Bolden, Jr. who lost their lives but it was also the community at large. I must also say that yes we have a high number of places that sell alcohol in our community: Hy -Vee, Kwik Star are as the gentlemen mentioned are some of a couple of the number of numerous places. But I must say that two young men were not shot at those liquor stores and convenient stores. Two men were shot and killed at this liquor store. So many, Dr. Blackwell and LaTanya have talked about the nuisance of such a place in our community given the number of things that we're already facing. The Pacific Research Institute, which I know you have also received, conducted a study and talked about the density of liquor stores being in an area. The problem is that we have too many in our community. Too many in the community in which I live. I'm not talking about something in a community where I don't live, I live there,. And we have too many liquor stores. We have no recreational places for our young people to frequent. We have no museums there for them to peruse the artifacts. We have no library there for them to sit and study. We have none of those things. But liquor stores we have plenty of. And we do not need any liquor stores as far as I'm concerned. But we definitely don't need the number of liquor stores that we have in our area. I promised the grieving families and my grieving community that I would do everything within my power to ensure that the liquor store would not have its license renewed. And one of the things I was saying to you is to approve the liquor stores license would send a message that I'm very sure that this wonderful body of people don't want to send to a community that's already ravished by too many things. Morris Anderson, 1220 Kaplan Drive, you've heard the data and you've got several e-mails and letters. The only thing I want to say to the Mayor and City Council is that whenever you approve anything there is a level of accountability. So that's something to think about whenever you are approving anything in our community. And right now we are talking about a liquor store where tragedy happened. So while your thinking about giving this application just remember there is a level of accountability of what goes on. David Goodson, 227 Madison Street, he runs the Talk Shop Cafe, and to this day myself and Roosevelt Roby have a pretty good relationship. I don't know after this because Roosevelt is not a shame. So if you a talking to me or you are talking to Blackwell this is not a shame so if our relationship ends today then it ends today. I hope not. He don't own me and no one owns me. And so Polly and I have a good relationship. You are welcome at the Talk Shop Cafe seven days a week. And the reason I never complained to you, to the other side, I never complimented you either. I've never spoke real bad on the liquor store. So just because I don't complain to you doesn't mean I don't approve the liquor store. I've broken up sever fights, three or four fights myself in the two and a half years that I've been there. Talk Shop Cafe at 1015 E. 4th Street was in existence before the liquor store at E. 4th. It was on Dane then came to 4th Street. I pick up trash in the parking lot that the liquor store man he don't want to pick up. So I want to make that clear. The liquor store breeds a certain kind of violence. And the fact that I'm in business next door to a liquor store that breeds that kind of violence. I appreciate my board members and my friends who said that maybe I shouldn't say anything. If I said it then I meant it. And because I thought some of the social workers was treating some of the clients unfair I challenged their well fair. And all along I was on probation. And I have a probation officer myself. And if I thought other Pos was treating clients unfair I went with them, I challenged them. So I'll be dog gone if I'm next door to a business as a liquor store that I don't approve of and don't say anything. This is a easy decision, this should probably be the easiest vote you will ever have to make. You simply deny the license. Roosevelt Roby, I own the establishment, and Mr. Goodson is right. It shouldn't end our friendship. It will end our business relationship. You see I funded that organization. Let me tell you how I funded. He didn't have any money. He • • • • August 9, 2010 Page 11 wanted a chance. I said come on. Your 50 cents on the dollar but I will give you a chance to grow. That liquor store was there. And in legal terms I think Mr. Walsh can verify that they call that moving to the nuisance if you would be. But before I go any further, is there anybody on the City Council that's a member of SAI or Talk Shop Cafe. I want the board to realize do you really think that he should vote on this? There's a conflict of interest there. I'm a little worried about that. But either way, we're gonna get our license. That liquor store has not harmed anyone. And the way I see it is that America doesn't reward perpetrators. You come in with shot guns and a mask and say give me your stuff or I'm gonna kill you. That's not America, you know that. And fortunately, because it didn't happen last time, one of the clerks was alert enough to defend himself and his business. Unfortunately, two lives were taken but the clerk wanted to go home to his family because he does have one. I want you to consider all of that. I haven't met the police chief but I think the police chief can verify that there has not been very many incidents. We get a crowd sometimes but we usually ask them to move. And as far as picking up paper, I pick up paper out there all of the time up and down the block. But we own half the block. And you are so concerned about the Talk Shop Cafe they won't be there in February, I guarantee you that. And most of the people that are complaining about it work for me in my bar including some ministers. Councilperson Jones, I really wish this was an easy decision but its not and when we are looking at the concept of accountability we have to be accountable to the ordinance and the law as its written today. So that's what makes it very difficult of looking at what the law says versus how I feel about it. That is very tough. We are all aware of the tragedy that occurred there on that premise. And we are all aware of the incompatibility with the different businesses. The Talk Shop Cafe, schools and day care center. We understand that its not a good fit for the community but we have to look at the ordinance they way it is written today not how we would like it to be. And I think everybody on this council would actually like it to be a more restricted ordinance than it is today. But we can't look at that today we have to look at the way it's written today. And that's what makes it a tough decision. Chief Trelka based on your knowledge is there a sufficient cause for denial of this license? Dan Trelka, Chief of Police, we were unable to articulate cause to deny it, so no there is not cause to deny the license. Councilperson Getty, when I came down this evening ever since this came up the first thing I did earlier was to sit out here and talk with Roosevelt Roby about things that he and I have talked about over the last year on this establishment at 1027 E. 4th Street. And his idea of course is to move it to the other end of the shopping center at a later date. How he is going to move the liquor license I guess is his business or his problem not mine. But in the last weekend I've looked at the city ordinances and I've looked at the state law. And I don't like the liquor store there. I don't like the liquor stores on Broadway, I don't like any of the liquor stores. But according to the law and that's what I have to look at there is no reason on the lawful side to deny this application. I don't agree with it but that's the law. Councilperson Hart, I think Mr. Roby brought in a good question about my vote being on the board. There was a public letter that actually came out from the board that I didn't not support nor give an opinion on. So does that stop me from being able to vote? James Walsh, City Attorney, this is a not-for-profit and I don't understand the association that you are talking about. It's a not-for-profit, you don't make any money off it. Councilperson Hart, stated no. Mr. Walsh, then there's probably no conflict. You can belong to dozens of boards and associations. If they're community organizations that don't present an income opportunity for you whether you think it's a conflict, you think your obligated is the key. And if your not obligated you can vote freely any way you want. You don't have to declare conflict. That's up to you. Mr. Roby, in regards to Councilperson Hart's conflict of interest when Councilperson Getty and I have been talking about this move of the liquor store because I too want to separate it a little bit. And I was in communication with City Planner Aric Schroeder and we've been working for almost six months on trying to hammer out the correct language to approach the council with for having a license down at 1117. Well Councilperson Hart thought I was up to something funny the way I was told it, he is trying to pull a trick. I was working with Aric and Councilperson Getty trying to improve this situation that I knows was coming. I just want to say that Councilperson Hart you use your heart. August 9, 2010 Page 12 Mayor Clark, the conversation is over. We have heard from both sides and we are now going to take a vote. The motion that was made was to approve the license at 1027 E. 4th Street. That was the motion that was made. We have five people here and it needs a majority of the people here to pass. So if we get three yes votes the motion passes. If we get three no votes then it fails. Councilperson Hart, since this is public record and this will probably be published by the Courier I would like to state that the last comments that were made by Mr. Roosevelt Roby was absolutely and positively incorrect. So that right there is moving into a little bit further along to where it needs to go. As for supporting this place, I am free to make any decision that I want to and thank you for reminding me to use my heart because that's exactly what I am going to do. Ayes: Jones, Welper. Nays: Hart, Cole, Getty. Motion failed. ORAL PRESENTATIONS 135047 - Hart/Cole Mr. Burnett, just want to thank you for helping us save our kids and our community. We will remember that at election time. that the above oral comments be received and placed on file. Ayes: Five. Absent: Greenwood, Schmitt. Motion carried. ADJOURNMENT 135048 - Hart/Cole that the Council adjourn at 6:37 Motion carried. p.m. Ayes: Five. Absent: Greenwood, Schmitt. City Clerk • •