Loading...
HomeMy WebLinkAboutMinutes-11/13/2000• November 13, 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, November 13, 2000. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Reverend Robert Roof, Pastor Pro Tem, First Presbyterian Church. Pledge of Allegiance: Troop 106, Kittrell School. ORAL PRESENTATIONS 114523 - James Robison, 1555 Newell Street, stated that he has been having water service problems since 1991. The pipe was broken and he had to pay for repairs, and he told the plumber it was still leaking. Mr. Robison stated about a year and a half ago, his mother said it was still leaking, and earlier this year, he had to repair the leak again. He called the Waterloo Water Works and was told the bond had expired, and he had to pay another $1,600.00. Now he has another leak. Mr. Robison stated that the Water Works told him that the leak is not between the shut off valve and the street. About 25 feet east of where the service comes to the main, there is a crack completely across the street, which is the exact spot where water flowed in 1991. Mr. Robison stated that whenever a truck goes by, the walls and pipes shakes. Mr. Robison stated that he talked to the City Engineer, and they have determined that the leak is on his property. Mr. Robison stated that his concern is that in 1991 he asked them to fix the leak. Reed Craft, General Manager of the Waterloo Water Works, stated that his records show that the tap was made in 1948, repaired in 1959 to replace with copper, and repaired again in 1991 and June 2000. Mr. Reed stated that the plumber should guarantee his work for one year. Mr. Reed stated if the leak is not on the service line, there will not be a cost to Mr. Robison. If the leak is on the water main, the Water Works will repair the leak. Mayor Rooff asked that Mr. Reed and the City Engineering Department review the leak with Mr. Robison Getty/Murphy that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 114524 - Jordan/Getty that the Agenda, as proposed, for the Regular Session on Monday, November 13, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 114525 - Murphy/Gronen that the Minutes, as proposed, for the Regular Session on Monday, November 6, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring November 12-18, 2000, as American Education Week. Mayor Rooff accepted a Special Recognition Award on behalf of the City of Waterloo from the Iowa Professional Golfers' Association. HEARING 114526 - Krizek/Gronen that proof of publication of notice of public hearing on request of Miracle Waterloo, Inc., to vacate, sell and convey for $1.00 the 16' x 30' section of alley generally located behind Miracle Car Wash, 2727 University Avenue, as published in the Waterloo Courier on October 30, 2000, be received and placed on file. Ayes: Seven. Motion carried. 114527 - 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 recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. November 13, 2000 Page 2 HEARINGS CONTINUED 114528 - Berry/Jordan that "an Ordinance vacating the 16' x 30' section of alley generally located behind Miracle Car Wash, 2727 University Avenue", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114529 - Murphy/Anders that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114530 - Getty/Jordan that "an Ordinance vacating the 16' x 30' section of alley generally located behind Miracle Car Wash, 2727 University Avenue", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4445. 114531 - Murphy/Anders that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-612. 114532 - Anders/Jordan that proof of publication of notice of public hearing on the request of Kwik Star to rezone from "R-4" Multiple Residence District to "C-1" Commercial District property generally located at the intersection of Washington and West 9th Streets, as published in the Waterloo Courier on October 30, 2000, be received and placed on file. Ayes: Seven. Motion carried. 114533 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Krizek stated that there were a few questions concerning this request, but that the DOES Neighborhood Association seems to have had all their questions answered. A representative from Kwik Star stated that they held neighborhood meetings and no one objected. Jordan/Getty that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 114534 - Jordan/Anders that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 321 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114535 - Murphy/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114536 - Berry/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 321 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4446. November 13, 2000 • UNFINISHED BUSINESS 114537 - Gronen/Murphy Page 3 that communication from Building Official transmitting recommendation of award of contract in the amount of $107,955.00 to Huff Contracting, Inc., of Waterloo, Iowa, in conjunction with Memorial Hall A.D.A. Improvements Project, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-613. PETITIONS FROM PUBLIC 114538 - Anders/Krizek that communication from Acting Police Chief transmitting request of Main Street Waterloo to hold annual Holiday Parade on 4th Street beginning at the public parking area under Highway 218 to Mulberry Street, Mulberry to 5th Street and 5th Street back to the 218 viaduct, and various other events along 4th Street, 5th Street and Park Avenue and at Soldier's and Sailors Park in conjunction with the "Downtown Lights the Night" event on Saturday, December 2, 2000, from 5:00 p.m. - 8:00 p.m. be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-614. 114539 - Anders/Krizek that communication from Assistant City Planner transmitting request of Nagle Signs on behalf of Subway to install a 3' x 12' pole sign at the Subway Shop on Kimball Avenue, together with recommendation of approval of the Planning, Programming and Zoning Commission be received, placed on file and "Resolution setting date of hearing as December 4, 2000, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-615. 114540 - Anders/Krizek that communication from City Clerk transmitting request of Dennis Halverson, dba Warrior Paintball, for a variance to Sections 27-4 and 27-5 of the Waterloo Code of Ordinances to hold a one -day paintball gaming event at McElroy Auditorium on January 20, 2001, from 8:00 a.m. to 5:00 p.m. be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Jordan asked if the participants actually shot another human being and why Mr. Halverson wanted to hold this event in Waterloo. Dennis Halverson, 121 Linden, Elk Run Heights, stated that this is a great venue and opportunity to open up this area. Mr. Halverson stated that the participants do try to eliminate opponents by marking them. Mr. Halverson stated that the tournament is an opportunity to raise funds for St. Jude's Hospital. Councilperson stated that he feels the council as community leaders should have zero tolerance for anything violence, be it guns or whatever. Councilperson Jordan stated he feels it sends the wrong message to people. Councilperson Berry stated she agrees with Councilperson Jordan, and she does not like to promote shooting anyone. Councilperson Berry stated she understand that parents are not going to be present. Councilperson Berry stated she agrees with Councilperson Jordan that we would be promoting violence. Mr. Halverson stated that a lot of the teams are from out of state and some of the parents cannot make it to the event. Mr. Halverson stated that at this tournament the average age is 20 to 32 years old, but there could be two to five 16 to 18 year olds. Councilperson Gronen stated that he feels it is just one more example of desensitizing our youth, and it exposes them to violent action. November 13, 2000 Page 4 PETITIONS FROM PUBLIC CONTINUED Mr. Halverson stated that a lot of people do not know about paintball and the types of people who attend paintball events. Mr. Halverson stated that he believes this is positive for youth and older participants. Mr. Halverson stated that he anticipates 60 participants and vendors, with approximately 16 local participants. Mr. Halverson stated that the event has gotten statewide advertisement, and the National Cattle Congress is looking forward to the event. Mr. Halverson stated that a lot of paintball companies are sending people, and it will be a big draw in this area. Councilperson Anders stated that he believes this is an opportunity for tourism to come to Waterloo, and he doesn't think it promotes violence. The participants know the rules, and this is a good opportunity to have entertainment in our city, and he supports this item. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Jordan, Murphy, Gronen, Berry. Motion failed. REPORTS 114541 - Jordan/Berry that communication from City Clerk transmitting October 2000 Financial Report, with total revenues in the amount of $14,944,633.45 and total expenditures in the amount of $7,155,541.35 be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 114542 - Krizek/Jordan that communication from Assistant City Planner transmitting Final Plat of Midport America Plat No. 2, together with plat, Staff Report, Certificate of Survey, Engineering Department's review letter and Deed of Dedication, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-616. 114543 - Krizek/Jordan that communication from Assistant City Planner transmitting Final Plat of Logan Plaza 2nd Addition, together with Staff Report, Certificate of Survey, Engineering Department's review letter and Deed of Dedication, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-617. 114544 - Krizek/Jordan that communication from Assistant City Planner transmitting Preliminary Plat of Minard Central Heights Addition, together with Engineering Department review and staff report, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-618. 114545 - Krizek/Jordan that communication from Assistant City Planner transmitting Preliminary Plat of Denny's First Addition, together with Engineering Department review and staff report, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-619. 114546 - Krizek/Jordan that communication from Superintendent of Water Pollution/Flood Control transmitting Change Order No. 2 for a net increase in the amount of $22,000.00 for work to be performed by Story Construction Company in conjunction with Anaerobic Digesters Project for Water Pollution Control Facilities, Contract No. 550, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. • • November 13, 2000 • • RESOLUTIONS TO BE ADOPTED 114547 - Berry/Jordan Page 5 that communication from City Clerk transmitting recommendation of renewal of General Liability, Automobile Liability, Umbrella, Law Enforcement, Public Officials Errors and Omissions, and Inland Marine insurance coverage with St. Paul Fire and Marine Insurance and Property insurance coverage with Meadowbrook (National Specialty) for a total premium of $369,515.00 for nine months be received, placed on file and "Resolution approving said insurance policies", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-620. 114548 - Mayor Rooff stated that the language in the original contract called for the city to designate the former depot as a youth pavilion by November 15, 2000. Mayor Rooff stated that he spoke with Silos & Smokestacks who have said they would extend the deadline for 90 days. Jim Walsh, City Attorney, stated that the existing contract requires we designate the former depot as a youth pavilion. Something must be done in two weeks, and if we don't use it as a youth pavilion, it all comes undone. Mayor Rooff stated that as of today, we all know it is not going to be used as a youth pavilion. Mayor Rooff stated that the city is talking with UNI. Mayor Rooff stated that if we continue this for 90 days, Community Foundation would like interest on their money. Mr. Walsh stated that if others agree to the 90 days extension part past the December deadline, it may be acceptable to them. Councilperson Anders stated that this resolution is misleading to say we are devoting the property to a youth pavilion. If we cannot work this out in a couple of days a 90 day extension might be the best solution. Mr. Walsh stated that we have to designate the property as a youth pavilion by November 15 and start using it as a youth pavilion by December 1, 2000. If they sign off by the 15h we are okay. Mr. Walsh stated there is no way we can get this done between now and Wednesday. Mr. Walsh stated that he believes if the city does not do anything, he thinks the parties will still have to agree to an extension. Getty/Jordan that "Resolution designating property generally located at East 6th and Sycamore Streets, and formerly owned by Silos & Smokestacks, as a Youth Pavilion in the City of Waterloo, Iowa" be tabled. Ayes: Seven. Motion carried. ORDINANCES TO BE ADOPTED 114549 - Anders/Jordan that "an Ordinance amending the Waterloo Code of Ordinances by repealing Section 4-15, Beer Permits; Classes, Section 4-16, Liquor Licenses; Classes, Section 4-19, Application; Contents; Bond, and Section 4-23, License and Permit Fees, of Chapter 4, Alcoholic Beverages; and Subsection (f) of Section 4-35.1, Minors Prohibited from Certain Premises, of Chapter 4, Alcoholic Beverages; and by repealing Section 4-30, Beer Brand Signs Prohibited, Section 4-31, Suspension and Revocation, Section 4-32, Effect of Revocation, Section 4-33, Appeal and Hearing, and Section 4-36, Penalties, of Chapter 4, Alcoholic Beverages; and enacting in lieu thereof new Section 4-30, Beer Brand Signs Prohibited, Section 4-31, Suspension and Revocation, Section 4-32, Effect of Revocation, Section 4-33, Appeal and Hearing, and Section 4-36, Penalties, of Chapter 4, Alcoholic Beverages (delete sections regulated by the Iowa Beer and Liquor Control Department; revise language in outdated sections to put in compliance with State Code; and increase fines for violations)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114550 - Jordan/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. ,10 Page 6 November 13, 2000 ORDINANCES TO BE ADOPTED CONTINUED 114551 - Berry/Getty that "an Ordinance amending the Waterloo Code of Ordinances by repealing Section 4-15, Beer Permits; Classes, Section 4-16, Liquor Licenses; Classes, Section 4-19, Application; Contents; Bond, and Section 4-23, License and Permit Fees, of Chapter 4, Alcoholic Beverages; and Subsection (f) of Section 4-35.1, Minors Prohibited from Certain Premises, of Chapter 4, Alcoholic Beverages; and by repealing Section 4-30, Beer Brand Signs Prohibited, Section 4-31, Suspension and Revocation, Section 4-32, Effect of Revocation, Section 4-33, Appeal and Hearing, and Section 4-36, Penalties, of Chapter 4, Alcoholic Beverages; and enacting in lieu thereof new Section 4-30, Beer Brand Signs Prohibited, Section 4-31, Suspension and Revocation, Section 4-32, Effect of Revocation, Section 4-33, Appeal and Hearing, and Section 4-36, Penalties, of Chapter 4, Alcoholic Beverages (delete sections regulated by the Iowa Beer and Liquor Control Department; revise language in outdated sections to put in compliance with State Code; and increase fines for violations)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4447. BILLS PAYMENT 114552 - Krizek that "Resolution approving Schedule AP640, pp. 1-116, dated November 13, 2000, in the amount of $1,878,830.43, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-621. NEW BUSINESS 114553 - Jordan/Gronen that communication from Mayor Rooff transmitting recommendation of appointment of David Bartlett to the General Contractors Board of Licensing and Examiners effective immediately, with term expiration date of May 24, 2003, be received, placed on file and approved. Ayes: Seven. Motion carried. TRAVEL REQUESTS 114554 - Berry/Krizek that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Brian Krischke, Fair Housing Coordinator, to attend HUD Training in Kansas City, Missouri, on November 12-15, 2000, with costs not to exceed $367.00. 2. Charles Linker, Traffic Signal Technician Foreman, and Randy Heiberger, Traffic Signal Technician II, to attend 2000 User's Group Information Seminary in Davenport, Iowa, on December 5-7, 2000, with costs not to exceed $340.00, including use of city vehicle. 3. Steve Grimm and Ralph Baracz, Instructors, to teach training classes for Fisher Controls in Marshalltown, Iowa, on November 9-10, 2000, with costs not to exceed $330.00. Ayes: Seven. Motion carried MISCELLANEOUS 114555 - Getty/Murphy 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 All Stop Convenience Store, 2424 Ranchero Road (New Owner) (Expires 11/15/01)(Includes Sunday Sales) • • November 13, 2000 MISCELLANEOUS CONTINUED Page 7 2. Beer/Liquor License Permit Application Class C Embassy Lounge, 225 East 5th Street (Renewal) (Expires 11/23/01) (Includes Sunday Sales) Ayes: Seven. Motion carried. ADJOURNMENT 114556 - Jordan/Berry that the Council adjourn at 6:22 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk