HomeMy WebLinkAboutMinutes-02/28/2011February 28, 2011
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, February 28, 2011. Mayor Pro Tem
Quentin Hart in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper.
Moment of Silence.
Pledge of Allegiance: Jim Quint, MIS Manager.
136003 - Welper/Schmitt
that the Agenda, as amended adding the Youth Basketball Players and Coaches of
the Year Award, for the Regular Session on Monday, February 28, 2011, at 5:30
p.m., be accepted and approved. Ayes: Seven. Motion carried.
136004 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, February 21,
2011, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Presentation of 2010-2011 Waterloo Leisure Services Character Counts Youth
Basketball Player of the Year Awards: Ja'cee Clark, Tiki Matlock and Alexi
Alvarez.
Presentation of 2010-2011 Waterloo Leisure Services Character Counts Volunteer
Youth Basketball Coach of the Year Awards: Kate Sterner, Abbey Barry and Zach
Hasselbrink.
CONSENT AGENDA
136005 - Welper/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. 1-56, dated February 28, 2011, in
the amount of $2,220,706.20, 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 Pro Tem assigned No. 2011-
134
2. Acceptance of Acknowledgment/Settlement Agreement in the amount of
$1,500.00 with Diamond Bar of 313 West 5th Street, for sale of tobacco,
tobacco products or cigarettes to persons under 18 years of age -Submitted
by David R. Zellhoefer, Assistant City Attorney.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-
135.
3. Acceptance of Settlement Agreement with Five Star Snacks & Liquor of 437
Sullivan Avenue -Submitted by Chris Wendland, Assistant City Attorney.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-
136.
4. 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:
Address
Amount to
certify
500-514 Pine Street
$2,146.74
210 Norimer Street
$1,532.13
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-
137.
February 28, 2011
b. Motion to approve the following:
1.
2.
3.
4.
5.
Page 2
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Bill Gronen,
Part-time Temp
and/or Kent
Shankle,
Curator as an
alternate
Travel to
deliver works
from
collection of
Haitian art to
Brown
University and
Rhode Island
School of
Design
Providence,
Rhode
Island
March 4-
12, 2011
$2,830.00
Officers Erie
and Gergen
International
Law
Enforcement
Educators and
Trainers
Association
Wheeling,
Illinois
April
11-15,
2011
$1,797.12
Sergeants
Brian
Hoelscher and
Hector Camarin
Northwestern
First Line
Supervisor
School
Johnston,
Iowa
April
10-15,
2011
$1,500.00
Wendy
Drinovsky,
Records
Manager; Rose
Davis, Clerk
Shield
Technology
Conference
Johnston,
Iowa
May 3-5,
2011
$556.00
Cammie Scully,
Director of
Waterloo
Center for the
Arts
Cultural
Advocacy Day
Des Moines,
Iowa
February
14-15,
2011
$185.00
6. Motion to receive and file Mayor Clark's recommendation of the following
appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Michael Allen
Leisure Services
Commission
March
1,
2014
New Appointment
Julie Koch -Roth
Leisure Services
Commission
March
1,
2014
New Appointment
Sharon Samec
Leisure Services
Commission
March
1,
2014
Re -Appointment
7. Request of Bruce Stiles to burn 1911 acres of prairie grass located on the
north side of Big Rock Road, a 'I mile West of Highway 63 from March 21,
2011 to April 23,2011, together with recommendation of approval of the
Fire Chief.
8. Request of Hawkeye Community College to burn - 1.5 acres of prairie grass
located east of Hawkeye Center and Campus View Drive; and 6 acres of
prairie grass located north of Arboretum Drive west of Hess Road during
the time period of March -May 2011, together with recommendation of
approval
Beer License Permit Application
Class B
9. Cedar Valley Fish Market, 218 Division Street (Renewal) (Expires 1/25/12)
Liquor License Permit Application
Class C
10. Red Lobster #6267, 941 E. San Marnan (Renewal) (Expires 3/10/12) (Includes
Sunday Sales)
11. Red Carpet Golf, 1409 Newell Street (Renewal) (Expires 4/4/12) (Includes
Sunday Sales)
♦ 4
February 28, 2011
Page 3
12. Catherine Doyle's Pub, 504 Sycamore Street (Renewal) (Expires 3/7/12)
(Includes Sunday Sales)
13. Blue River, 315 W. 4th Street (Renewal) (Expires 2/14/12) (Includes Sunday
Sales)
14. National Dairy Cattle Congress - Pepsi Pavilion, 250 Ansborough Avenue
(Renewal) (Expires 2/28/12) (Includes Sunday Sales & Catering Privilege)
15. Buzz's Bar, 1016 Maynard Avenue (Renewal) (Expires 3/14/12) (Includes
Sunday Sales)
Outdoor Service Area Application
16. Red Carpet Golf, 1409 Newell Street
17. Blue River, 315 W. 4th Street
18. Buzz's Bar, 1016 Maynard Avenue
19. Bonds
Ayes: Seven. Motion carried.
Mayor Pro Tem Hart introduced Michael Allen and Julie Koch-Hoth as the new
members on the Leisure Services Commission.
NEW BUSINESS
136006 - Schmitt/Welper
that Class B Beer License Permit Application for El Mexquite Restaurant, 921
Broadway Street (New) (Expires 12/17/11) (Includes Sunday Sales), be approved.
Prior to a vote on the above item, the following comments were heard.
Councilperson Greenwood, is this one of these licenses where they have to sell
50 percent of the business to be in food sales?
Aric Schroeder, City Planner, yes this is a little bit of a unique request. The
site in question was originally a restaurant and formally several bars. The
last bar that was in there had a non -limited alcohol sales use has been closed
for less than a year. However, the business owners established it as a
restaurant without alcohol sales. So in order to re-establish alcohol sales
because the site is less than 100 feet from a protected use they did have to get
a variance. They are agreeing to be limited alcohol sales as opposed to a non -
limited. They have submitted the agreement with 50 percent sales provisions.
They included it in there and they did receive a variance from the Board of
Adjustment based on several uniqueness's and with several conditions.
Councilperson Greenwood, who does the compliance testing on that? Do we go out
and take a look at their books?
Mr. Schroeder, the city is authorized to and it's specifically listed in the
ordinance. When we looked at the zoning ordinance a couple years back now and
added the provisions for more tighter restrictions on alcohol sales use one of
the provisions in there was regarding limited alcohol sales and the auditing
provisions for ensuring limited alcohol sales use. As meeting those
requirements it specifically listed that the Police Chief is the entity that can
officially request the audit. But once an audit would be requested it would be
other city staff that would have to review it to determine if compliance is
being met. We have not audited one as of yet.
Suzy Schares, City Clerk, we recently just started working with the state. They
have recently acquired an auditor that is going around and doing just such
audits. And they are more than willing to work with us. So that is something
we will be working on very soon.
Councilperson Schmitt, I'm just wondering at this location as you mentioned was
originally a fast food drive some years ago. And then it bowed and became a
community bar. Well since then we've instituted a tighter ordinance and this
building is within a cigarette toss of within a couple of different houses. I
mean it never should have been allowed to be a bar but it was and it is. So if
we approve this do we have a certain number of complaints before we can,
assuming if things go wrong, have an effect? I'm just troubled by, number one,
the fact that this is the eighth or ninth liquor establishment within a few
block area. And this one in particular is surrounded by houses across the
street and right next-door. It just has the potential for things to get a
little bit sticky. So is it after a certain number of calls that we have an
ability to have an effect? Or how does that work?
Daniel Trelka, Director of Safety Services, it would depend upon the magnitude
of the call and the type of call. I know since these owners took this business
over several months ago it's only been a very short time. We haven't responded
to a single police call there. If I'm not mistaken I think they have to close
February 28, 2011 Page 4
down at 9:00 p.m. So the hours are limited and that is beneficial toward the
police calls because to these types of establishments we typically get called to
the bad or significant calls after 10:00 p.m. or 11:00 p.m.
Councilperson Schmitt, so their hours of operation are going to be 9:00 a.m. to
9:00 p.m. or hours of alcohol are going to be 9:00 a.m. to 9:00 p.m.?
Mr. Schroeder, the Board of Adjustment approved it based on several uniqueness's
noted. Including the fact that it was previously a non -limited alcohol sales.
And actually had they converted it from a non -limited alcohol sales directly to
a restaurant serving alcohol they wouldn't have needed a variance. But because
they converted it from a bar to a restaurant without alcohol and now want to go
back that's what requires the variance. They also looked at the conditions.
The Board of Adjustment approved it with several conditions including the hours
of the restaurant. So it says restaurant not hours of serving alcohol. Hours
of the restaurant be limited to 9:30 a.m. to 9:00 p.m. And that the alcohol
license limits the site to only sale of beer and wine products. So no hard
liquor. That there would be no outside seating or consumption area. And that
the variance is restricted specifically to the business owner and to the
business name El Mexquite Restaurant. So typically variances would run with the
land so if they grant a variance to the 100 -foot setback for a restaurant for
any other restaurant coming in there would enjoy that benefit as well. But with
this one the Board of Adjustment approved it specifically for this. So if a
different business even agreed to be unlimited alcohol sales restaurant then
they would also have to go back before the Board of Adjustment for a variance to
that 100 foot setback requirement.
Councilperson Hart, so in actuality because we are talking about grandfathering
a lot. So this is would be specifically El Mexquite Restaurant and if someone
else wanted to come in and put in a liquor store for instance then they would
have to go back to the Board of Adjustment to get clearance to be able to do
that and then back to Council?
Mr. Schroeder, Board of Adjustment for the zoning approval and Council for the
liquor license, correct.
Councilperson Getty, the amount of phone calls I've received and amount of
recordings and so forth. In the neighborhood area I don't support this at all.
Ryan Madison, 650 Dawson Street, I would like to submit a petition of residents
who are totally against this establishment having a liquor license. I'm going
to start by saying some items I saw in the Courier. Mike Triplet who was
General Manager of John Deere summed up the significance of why Iowa should
invest in the downtown project with this phrase, "to attract and maintain the
quality of work force we must also offer recreational, cultural education and
entertainment amenities". Mayor Clark said that stands true for today.
Employers are looking for cities that invest in themselves in creating quality
of life, which is used to evaluate the general well being of individuals in
societies. What kind of quality of life are you trying to create from the
people who live in my community? It is easy to see that a neighborhood that has
bars or liquor stores on each and every block has a completely different
environment then the ones that have few or none. Why is it people who does not
live in my community, doesn't empathize with my community and they take the
outcome of my community? The Board of Adjustment does not consist of diversity.
It doesn't have people of different ethnicities, different ages nor geographical
location. And that means that this should be dismantled and restructured.
Realtors use what I like to call a welcoming streak to peak the buyer's interest
in neighborhoods and homes. It doesn't scream welcome to my neighborhood when
there is an establishment that sells alcohol on the beginning of every block of
Broadway. These establishments are the reason houses in our community have been
up for sale anywhere from a year to three years. Chief Trelka, you've said to
me two weeks ago that I was right that the Riverfront Neighborhood has too many
liquor licenses. Not even two weeks later you are ready to give the ninth one.
As part of the stipulation like Mr. Greenwood said the license has to perform a
audit twice a year to make sure they're 50 percent. And when I asked you about
New World Lounge you told me you didn't know how to do the audit yet. So what
makes me think your going to be able to perform this audit. I'm still waiting
on that audit. I've also took the liberty of creating a board for you guys for
you to see what you guys are doing for our community. The black dots here
stands for all the alcohol establishments that we have in our neighborhood.
This is a new one, right there. The purple and pink, they're all the houses
that have been up for sale anywhere from a year to three years. The yellow
ones, those are the vacant lots from the dilapidated properties you guys tore
down in a tilt are the ones that are still standing now. These establishments
are not good for our community and are not helping. You see that little boy
over there? That's my pride and joy. And that's why I stand here every day
coming up here telling you that this is not right. Now if you guys vote that
then you tell my pride and joy he doesn't mean nothing. And we not going to
stand for it anymore. This is my right hand man. This is my best friend.
February 28, 2011 Page 5
Lives less than two blocks away, lives less than a block away from this
establishment. He has two little girls. Right now if your go there is a whole
bunch of kids playing down the street. Playing football. What's to say that
9:00 a.m. to 9:00 p.m. peak time while kids are playing somebody get all
liquored up after they eat their tacos and they get in their car not thinking
their drunk and they run over one of our kids. It's not right, it's not fair.
We are tired of this. You dumping this stuff up in there. We started a
organization for Facebook® that says no more booze for the eastside of Waterloo.
James Burt, 528 Newton Street, like Ryan Madison was saying you know there's way
too many liquor stores and bars on Broadway. I mean if I wanted to sell my home
lets be honest it would be maybe two maybe three years before I could even sell
my home if I decided to do it. Like he said, my children play outside. You
know we enjoy living where we stay at and every time we turn around there's
another liquor store. There's another place that's selling alcohol. And all
we're asking is think about it, think about if it was on the other side of town
you know what I mean. And how would you like it if there was a liquor store on
every single block? I mean if there was somewhere, every time you turned around
there was somewhere or somebody selling alcohol. Honestly we are tired of it.
And it may be me or Ryan here today but next time you might see 20 of us.
Because we're really sick of it. We are trying to say, we are making a stand
today saying hay we are done with this. We are sick of seeing liquor stores
everywhere we go. I just hope you guys think about it.
Mike Allen, 411 Candlewick Road, I was not originally going to come up and say
anything but I didn't realize that we had that many bars on Broadway. I did
know that we had quite a few bars on Broadway. But one of the things that you
did very well today your obviously stewards by using the seven habits of
character counts am I correct? I think we know what the seven counts are. When
our kids on the eastside of Waterloo, particularly on Broadway, when they are
going to the store what are they going to the store to see? What are they going
to the store to pass by? They're passing by liquor stores, liquor stores,
liquor stores, liquor stores, Family Dollar. No ice cream parlors, no parks,
liquor stores. When they go into the Family Dollar, which is very well. When
they go into the gas station, which is where it needs to be. And when they come
out of both very profitable places they see some things there. Now my question
to you, if an environment is important. If environment has influenced on
children you probably should think about what kind of environment on our kids
who are walking on Broadway is looking to be when they grow up. Going there
seeing their not seeing CEOs. They are seeing Fereday, which is good to be but
their not seeing plumbers, they are not seeing any architects. What they are
seeing is people who are owning liquor stores. So I'm not against the liquor
stores my question to you is nine going to be the only number or is it going to
be 10? Or is it going to be 11? That is the question, is there something that
we can do in regards to the council to put some kind of ordinance saying within
so many feet to not be in drug zones? Is there so many feet, yards, blocks,
miles that we are only going to allow this? But nine from the corner of Kern
and Logan down nine or eight blocks, I don't think so. And believe me, from
9:00 a.m. to 9:00 p.m., obviously I don't drink but during that time things can
happen. In particularly from 9:00 a.m. when the school is, I think we should
take a look at adjusting that 9:00 a.m. versus 9:00 p.m. Because your going to
have elementary kids start, they start school at 8:45 a.m. and they are on the
bus corner at that point in time. Just remember your character counts, the City
of Waterloo adopted the seven habits of character counts. And you have done
very well in regards to making decisions using good character.
Councilperson Hart, one of the things I probably need to say as far as the
council is we've probably been one of the most aggressive council's in history
in regards to trying to create an ordinance. And what we learned after the
creation of the ordinances is that it didn't necessarily do everything that we
wanted it to do. So we are at the point now where we are going back, working
with staff, continuing to talk to other cities around this state to see how we
can tweak it to make sure we get the best vision for our neighborhoods. So we
are in that process and we probably voted no to more of them recently then
probably in the past. So there is concern, there are folks that care about it.
And we are in that process. But today what we have on hand is not a liquor
store it's a restaurant that wants a license for a class b permit for wine and
beer. And to sell during their hours of operation from 9:00 a.m. to 9:00 p.m.
That has also acted as a restaurant prior to them being able to actually apply
for a class b permit with it.
Following comments a vote was taken on the above motion with the following
result. Ayes: Two. Nays: Getty, Greenwood, Schmitt, Hart, Cole. Motion
failed.
February 28, 2011
RESOLUTIONS
136007 - Cole/Welper
Page 6
that Change Order No. 1 for a net decrease of $2,189.50 for work performed by
Peterson Contractors, Inc. of Waterloo, Iowa in conjunction with Riverview
Recreation Area Parking Lot and Fencing Improvements, Contract No. 789 -Submitted
by Paul Huting, Leisure Services Director, be received, placed on file and
approved. Ayes: Seven. Motion carried.
136008 - Cole/Welper
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Peterson Contractors, Inc. of Waterloo, Iowa at
a total cost of $76,467.50 in conjunction with F.Y. 2010 Riverview Recreation
Area OHV Park Parking Lot and Fencing Improvements, Contract No. 789 -Submitted
by Paul Huting, Leisure Services Director", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-138.
136009 - Cole/Welper
that "Resolution approving the submission of grant application with Iowa
Governor's Traffic Safety Bureau for Alcohol -Impaired Driving Incentive grant -
Submitted by Daniel J. Trelka, Director of Safety Services", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-139.
136010 - Getty/Cole
that "Resolution approving the installation of a speed hump in the vicinity of
141 Easton Avenue -Submitted by Sandie Greco, Superintendent of Traffic
Operations", be adopted. Ayes: Six. Nay: One (Jones).
Forrest Dillavou, 1725 Huntington Road, we are very tight on budget money.
Could you tell me what this costs and where the money comes from?
Sandy Greco, Superintendent of Traffic Operations, this comes from bond money.
Not out of our regular budget. They run anywhere from $3,800.00 up to about
$4,300.00. This will be part of the overlay project.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-140.
136011 - Getty/Cole
that "Resolution approving request of Tank Cleaning Contract with Enviromark
Waste Management Services of Davenport, Iowa in the amount of $12,062.00located
at the former Chamberlain Manufacturing Property -Submitted by Noel Anderson,
Community Planning & Development Director", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-141.
OTHER COUNCIL BUSINESS
136012 - Greenwood/Schmitt
that Change Order No. 1 for a net increase of $5,754.00 for work performed by
Prairie Construction of Waterloo, Iowa in conjunction with T -Hangar Door
Replacement Project at Waterloo Regional Airport -Submitted by Bradley Hagen,
Airport Director, be received, placed on file and approved. Ayes: Seven.
Motion carried.
136013 - Greenwood/Schmitt
that Change Order No. 9 for a net increase of $12,336.50 for work performed by
Cardinal Construction, Inc. of Waterloo, Iowa in conjunction with New Fire
Station #2 -Submitted by Craig Clark, Building Official/Maintenance
Administrator, be received, placed on file and approved. Ayes: Seven. Motion
carried.
Suzy Schares, City Clerk, I wanted to note for the record that on the change
order it says that it's for Fire Station No. 2 but originally the contract was
for Fire Station No. 8. It later changed but the contract is still under Fire
Station No. 8.
February 28, 2011 Page 7
136014 - Schmitt/Welper
to instruct Superintendent of Central Garage to prepare specifications, bid
document, etc. in conjunction with Purchase of One (1) New Elgin Pelican Street
Sweeper, be received, placed on file and approved. Ayes: Seven. Motion
carried.
136015 - Schmitt/Welper
that specifications, bid document, etc. in conjunction with Purchase of One (1)
New Elgin Pelican Street Sweeper, be received and placed on file. Ayes: Seven.
Motion carried.
136016 - Schmitt/Welper
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Purchase of One (1) New Elgin Pelican Street Sweeper", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-142.
136017 - Schmitt/Welper
that "Resolution setting date of hearing as March 14, 2011 and instructing City
Clerk to publish notice of specifications, bid document, etc. in conjunction
with Purchase of One (1) New Elgin Pelican Street Sweeper", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2011-143.
ORAL PRESENTATIONS
Ryan Madison, 650 Dawson Street, I want to thank everybody that voted in our
favor. But secondly, I know about the little budget crisis but the city has a
loan with Roosevelt Roby for $100,000.00 that he has yet to pay if I'm correct.
I've been holding on to his loan agreement for five years now asking the city to
foreclose on his property and sell it to someone that would be right by it.
It's a strip mall that could make some valuable money for our neighborhoods as
well as for the city alone. I'm hanging on to this because this is my baby but
I do request that you guys do the right thing because that is money that we
could be using to bring down the taxes in our communities.
Councilperson Hart, I don't know the exact dollar amount but we'll talk to staff
on that situation.
Councilperson Getty, could we get a report back on that next week? For whatever
action we are going to take with that request.
136018 - Cole/Welper
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
136019 - Cole/Welper
that the Council adjourn at 6:07 p.m. Ayes: Seven. Motion carried.
Suzy Shares
City Clerk