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HomeMy WebLinkAbout05/17/1999May 17, 1999 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m., on Monday, May 17, 1999...Mayor John R. Rooff in the Chair. Roll Call: Getty, Murphy, Jordan, Gronen, Anders. Absent: Krizek, Collier. Invocation by: Reverend Helen Seenster, Koinonia Ministries. Pledge of Allegiance: Walter Reed, Executive Director of Human Rights. ORAL PRESENTATIONS 112140 - Mayor Rooff reported that he just received word that the. Cedar River is at 19 to 19 % feet and is expected to crest by noon tomorrow. Mayor Rooff reported that the city has sand at the Street Department at 1601 Black Hawk Street. Mike Douglas, who lives near the intersection of Rainbow Drive and Niagara Drive, stated that he and his neighbors had water in their basement Sunday because the lift station on Hackett Road did not work. Mr. Douglas stated that water is bubbling up from the manhole. Mr. Douglas stated that the sewer system does not work, and it is awful what it is doing to his property. Mr. Douglas stated that the water runs for ten to eleven blocks to reach a catch basin. Mr. Douglas stated that this is a main thoroughfare and the flooding is destroying the streets and his home. Mr. Douglas presented pictures of the flooding. Mayor Rooff stated that Cedar Falls has reconstructed: its portion of Rainbow Drive and Waterloo is getting a lot of water from Cedar Falls. Councilperson Anders stated that he received a call from Larry Peters on Sunday night reporting that four people had water in their basements. Councilperson Anders stated that he called the Watch Commander and he called city staff. Councilperson Anders stated that the city has spent considerable money on an alarm system and yet the city had no idea what was going on. Councilperson Anders stated that the city needs to do something about this area. Mr. Douglas stated that no one from the city showed up at his house last night. Mayor Rooff stated that the city had planned to add more catch basins on Rainbow Drive in 2004, but due to the recent problems .the city may move to perform the work more quickly. Scott Miller, Pleasant Valley, stated that he has five properties in the 500 and 600 block of Logan, and that there is major drug trafficking going on in that area. Mr. Miller stated that his assessed value has gone up and now he has received proposed sidewalk repair costs. Mr. Miller questioned what incentive he has to fix up his property when drug dealers are in the area. Mr. Miller stated that people are living in the neighborhood in fear. Mayor Rooff asked Mr. Miller to visit with him after the council meeting. Robert Sieglaff, 914 West 3'5 Street, stated that when the city reconstructed Third Street they moved the storm basins around the corner. Mr. Sieglaff stated that when the storm basins were located at the corner the water would travel from street to street. Mr. Sieglaff stated that he still favors the use of even parking on even days and odd parking on odd days Mary Haais, 116 Courtland, reported that there is property in the 100 block of Irving that needs mowing. Getty/Jordan that the above oral comments be received and placed on. file. Ayes: Five. Absent: Krizek, Collier. Motion carried. 112141 - Jordan/Murphy that the Agenda, as amended, for the Regular Session on Monday, May 17, 1999, at 7:00 p.m., be accepted and approved. Ayes: Five. Motion carried. Absent: Krizek, Collier. May 17, 1999 Page 2 112142 - Murphy/Gronen that the Minutes, as proposed, 1999 at 7:00 p.m., be accepted Collier. Motion carried. for the Regular Session on Monday, May 10, and approved. Ayes: Five. Absent: Krizek, Rosie Peterson, Chairperson of Waterloo Preservation Commission, presented a poster to Mayor Rooff. Councilperson Gronen introduced Charmaine Taylor and: Sara Smith, students from East High School. HEARINGS 112143 Jordan/Murphy that proof of publication of notice of public hearing on the request of Darrell Newhoff to sell and convey property generally located at the northwest corner of Hartman Avenue and Fletcher Avenue for $1,000.00 as published in the Waterloo Courier on May 10, 1999, be -received and placed on file. Ayes: Five. Absent: Krizek, Collier. Motion carried. 112144 - 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: Five. Absent: Krizek, Collier. Motion carried. 112145 - Getty/Gronen that "Resolution authorizing said sale and conveyance",. be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Five. Absent: Krizek, Collier. Resolution adopted and upon approval of Mayor assigned No. 1999-328. 112146 - Anders/Murphy that proof of publication of notice of public hearing on the Sidewalk Inspection and Repair Program -Zone 10, as published in the Waterloo courier on May 7, 1999, be received and placed on file. Ayes: Five. Absent: Krizek, Collier. Motion carried. 112147 - This being the time and place of public hearing, the Mayor called for written and oral objections. City Clerk Nancy Eckert reported that a letter was received from Reuben Palm objecting to the sidewalk repair program and the proposed repair to 621-623 East 4th Street. Mr. Palm believes his property is assessed too high. Ms. Eckert stated that a copy of the letter has been given to City Engineer Eric Thorson, and he is trying to contact Mr. Palmer. City Clerk Nancy Eckert reported that she received a telephone call from St. Vincent DePaul, 320 Broadway, and they wish to file their objection to the amount of work the Engineers are requiring of St. Vincent DePaul, and they also object to the proposed costs. Ms. Eckert stated that the Engineering Department has scheduled a reinspection of the property.. Scott Miller, Pleasant Valley, stated that he received a notice for proposed sidewalk repair in the amount of $3,000 for 602 Logan Avenue, and he questions the need for sidewalk as it deadends and serves no purpose. Mayor Rooff stated that the City Engineer will contact Mr. Miller to review his sidewalk. Helen Seenster stated that she called the city regarding 506 Argyle and the 300 block of Almond. Ms. Seenster stated that she has over $B4O00.00 in proposed repairs, and she feels that amount is extremely high. Eric Thorson, City Engineer, stated that he believesthe city has sent out clean sidewalk notices to these properties. Mr. Thorson will contact Ms. Seenster regarding her sidewalk repairs. May 17, 1999 Page 3 HEARINGS CONTINUED Anders/Jordan that the letter of objection from Reuben Palm and objection from St. Vincent DePaul be received and placed on file. Ayes: Five. Absent: Krizek, Collier. Motion carried. 112148 - Jordan/Getty that the hearing be closed and oral comments be received and placed on file. Ayes: Five. Absent: Krizek, Collier. Motion carried. 112149 - Jordan/Gronen that "Resolution authorizing proposed repairs to the sidewalks", be adopted. Ayes: Five. Absent: Krizek, Collier. Resolution adopted and upon approval of Mayor assigned No. 1999-329. PETITIONS FROM PUBLIC 112150 - Murphy/Jordan that communication from City Engineer transmitting request of Clayton D. Thomas for a waiver for a concrete driveway to be located at 415 Meadowbrook Lane, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Krizek, Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-330. 112151 - Murphy/Jordan that communication from City Clerk transmitting request of the Curt Robbins, 303 Independence Avenue, for a variance to the Noise Ordinance on May 23, 1999 from 6:00 p.m. - 10:00 p.m. in conjunction with live band performing during a pig roast, together with recommendation of approval of the Police Chief, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Krizek, Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-331. REPORTS 112152 - Jordan/Anders that communication from City Clerk transmitting April 1999 Financial Report, with total revenues in the amount of $13,036,746.55 and total expenditures in the amount of $9,407,077.53, be received and placed on file. Ayes: Five. Absent: Krizek, Collier. Motion carried. DOCUMENTS 112153 - Anders/Murphy that communication from Community Development Director transmitting Subordination Agreement which places the city's position on a HOME Program loan as secondary to the .primary lender, Union Planters Bank, N.A., in conjunction with Marsh Place, L.P., be received, placed on file and "Resolution approving said subordination agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Krizek-, Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-332. 112154 - Anders/Murphy that communication from Assistant City Engineer transmitting DNR Construction Permit Application, Schedules A & E, as submitted by Claassen Engineering and Surveying of Waterloo, Iowa, in conjunction with F.Y. 1999 Park Road Sanitary Lift Station Modifications, Contract No. 603, be received, placed on file and "Resolution approving said application", be adopted and.. Mayor authorized to execute same. Ayes: Five. Absent: Krizek, Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-333. May 17, 1999 Page 4 DOCUMENTS CONTINUED 112155 - Anders/Murphy that communication from Assistant City Engineer transmitting contract in the amount of $739,021.06 with Aspro, Inc. & Subsidiaries of Waterloo, Iowa, in conjunction with F.Y. 1999 Orange Road Overlay Program, Contract No. 581, be received, placed on file, and "Resolution approving said contract", be adopted. Ayes: Five. Absent: Krizek, Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-334. RESOLUTIONS TO BE ADOPTED 112156 - Gronen/Murphy that communication from Community Development Director. transmitting request for submission of an application to the U.S. Department of Housing and Urban Development for $500,000 in Economic Development Improvement funds, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Reverend Steven Reynolds, 209 Shilliam, stated that he was concerned with the action of the council to pass this resolution after they have heard his complaint of citizens not being notified. Mayor Rooff stated that the city is just submitting an application to HUD for Economic Development Improvement (EDI) funds, and that funds have not been earmarked yet. Mayor Rooff stated that this application is not part of the Five Year Consolidated Plan, but it is an application for Economic Development Improvement funds in the amount of $500,000.00. Reverend Reynolds reported that they did meet with the Community Development Board regarding the Five Year Consolidated Plan. Reverend Reynolds asked if the Community Development Board and Union Planters Bank are working together on the Subordination Agreement which is on tonight's agenda. Mayor Rooff stated that the Subordination Agreement places the city's position on a HOME Program loan as secondary to the primary lender which is Union Planters Bank. Mayor Rooff stated that Union 'Planters Bank is the primary lender on the rehabilitation of the Marsh Place. Freeda Weems stated that she understands the application for Economic Development Improvement (EDI) funds and the Consolidated Plan are not the same funds. Ms Weems stated that they have no reason to believe the same• communities will be contacted in regards to allocation of the EDI funds. Ms. Weems stated that they just want clarification, and that the city needs to be concise and consistent on how they pass information along. Mayor Rooff reported that he spoke with Reverend Coleman to set up a meeting. Mayor Rooff stated the he ordered the Community Development Board to make sure that everyone in the community knows about the process for meetings on the Community Development Block Grant funds. Ms. Weems asked that they be allowed to assist in allocation of the EDI funds. Mayor Rooff stated that he has been working on raising large amounts of funds for the 4th Ward, and that he will not be deterred. Mayor Rooff gave his word that they would not be left out. Following discussion a vote was taken on the above motion with the following result_ Ayes: Five. Absent: Krizek, Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-335. ORDINANCES TO BE ADOPTED 112157 - Murphy/Gronen that "an Ordinance fixing the salary for Mayor and. Council Members", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion the following comments were heard. May 17, 1999 Page 5 ORDINANCES TO BE ADAPTED CONTINUED Councilperson Anders stated that it has been two years since the mayor received a raise. The vote on the raise is for the next mayor who takes office after the election in November 1999. Councilperson Anders stated that the first raise will take effect January 1, 2000 and is a 5 percent increase in the current salary. Councilperson Anders stated that he does not feel this is an exorbitant increase since it has been two years. Councilperson Anders stated that if the mayor's salary is not addressed now it will be two more years before the issue can be addressed. Councilperson Anders stated for a city the size of Waterloo, the mayor's salary is much smaller, and that the mayor's salary is less than the salary for the mayor of Cedar Falls. Councilperson Anders stated that the city needs to have a good salary to attract good people for mayor. Councilperson Anders stated that the council's salary is set at 10 percent of the mayor's salary. Councilperson Anders stated that the council is not voting themselves .a raise except for in a case like himself because he does not face election this year. Mayor Rooff stated that he has a problem with the salary increase, and that he did not ask for the raise. Mayor Rooff stated that he does not think its the right time to do the raise, and that he does not support it. Councilperson Jordan stated that he believes the salary increase is going to send a bad message. Councilperson Jordan stated that he has a problem with voting himself a raise. Councilperson Jordan stated that he knows it is legal, but he feels it is unethical, and that the council knew what they would be paid when they took office. Councilperson Jordan stated that the council needs to vote this ordinance down. Councilperson Getty stated that he does not have a problem with the mayor's raise but does not like the council's salary being connected to the mayor's salary. Councilperson Murphy stated that he has done a lot of soul searching concerning tying the council's salary to the mayor's salary. Councilperson Murphy stated that the council cannot come up with an exorbitant raise, and that he feels it takes the political sting out of the. raise. Councilperson Murphy stated that the council's raise will come to about $5 per week. Councilperson Gronen stated that he agrees with Councilperson Getty, and that he would endorse splitting the ordinance from the .mayor. Councilperson Gronen stated that he is very uncomfortable with the process. Councilperson Gronen stated that he has sat next to the mayor at .8 p.m. after he knows he has put in a full day. Councilperson Gronen stated that when we as a society are willing to pay an athlete $8.9 million just for signing a contract, but are not willing to give elected officials a minimal pay raise, we should examine ourselves as a society. Following discussion a vote was taken on the above motion with the following result. Ayes: Three. Nays: Getty, Jordan. Absent: Krizek, Collier. Motion carried. BILLS PAYMENT 112158 - Murphy that "Resolution approving Schedule AP640, pp. 1-69 dated May 17, 1999 in the amount of $5,915,125.83, a copy of which is on file in the City Clerk's Office", be adopted, with recommendation of approval of the Finance Committee. Ayes: Five. Absent: Krizek, Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-336. NEW BUSINESS 112159 Getty/Jordan that communication from City Planner transmitting a :proposed Development Agreement with Interstate Brands (Wonder Bread) to sell and convey for $1.00 property located in Lot No. 5 in Northeast Industrial Park Plat No. 1 to build a 13,000 square foot distribution facility, with,. minimum assessment of $700,000.00 until December 31, 2010 and tax rebates for five years, be received, placed on file and "Resolution setting date of hearing as May 24, 1999 at 7:00 p.m. in the City Hall Council Chambers on the above described development agreement", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Krizek, Collier. Resolution adopted and upon approval by Mayor assigned No. 1999-337. May 17, 1999 Page 6 NEW BUSINESS CONTINUED 112160 - Getty/Gronen that "Resolution approving quote from Scott's $416.00 to extend electrical power to the security Recreational Area", be adopted. Ayes: Three. Nays: Absent: Krizek, Collier. Electric, Inc. in the amount of camera pole at Riverview Anders Abstain: Jordan. Resolution adopted and upon approval by Mayor assigned No. 1999-338. MISCELLANEOUS 112161 - Getty/Jordan that the following beer and liquor applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer/Liquor License Permit Application Class C Buzz's Bar Inc., 1016 Maynard, (Renewal) (Expires 5/27/00) (Includes Sunday Sales) Mick's Corner Pub, 501 W. 4th Street (New) (Expires 6/1/00) (Includes Sunday Sales) Smitty's Bar, 709 Jefferson Street (Renewal) (Expires'5/26/00) (Includes Sunday Sales) 2. Liquor License Permit Application Class E ARA Enterprises D.B.A. Kwik Stop, 1761 Independence Avenue (New) (Expires 5/11/00) Ayes: Five. Absent: Krizek, Collier. Motion carried. 112162 - Discussion was heard regarding the beer, wine and liquor. license applications for New World Liquor, 829 East 4th Street. Police Chief Bernal Koehrsen stated that he and the Assistant City Attorney met with the owner of the building located at 829 East 4th Street. Chief Koehrsen stated that he was initially opposed to the application but was encouraged by the written commitments the owner made. Chief Koehrsen stated that at the meeting he told the owner that he would sbe contacting citizens who would be most affected by the liquor license. Chief Koehrsen stated that he is recommending denial of the liquor license. T. J. Read stated that they have had nothing but trouble for years at this location, and that they do not want a festering pus hole in an area of the city they are trying to clean up. Ed Loggins asked what are we saying to our youth when we put so much emphasis on not smoking and not drinking and then we allow something like this in the area. Dawn Forney, 821 East 4th Street, stated that she lives next door to the proposed location for the liquor store. Ms. Forney stated that she has a 7 year old daughter, and that she would like her daughter to be able to ride her bike around the neighborhood. Ms. Forney stated that she is afraid for her daughter. Ms. Forney presented a petition from citizens opposing the opening of the liquor store on East 4th Street. Helen Seenster stated that alcohol is one of the most used drugs, and that she opposes the license because of the businesses, school and neighborhoods in the area. Reverend Jay Burt, Pastor at Mount Calvary Missionary Baptist Church, stated that he does not feel locating a liquor store across from a high school is a good message. Reverend Burt stated that he is opposed to another liquor store, and that we need to built a more positive area in the East Side of Waterloo. Rosetta Forney stated that she owns the home next to the proposed liquor store. Ms. Forney stated that she wants her granddaughter to be able to play outside and not have to stay indoors. May 17, 1999 Page 7 MISCELLANEOUS CONTINUED Rome Mabry, Manager of New World Inc., stated that this business will cater to adults only. Mr. Mabry stated that he wanted to create a world of adult entertainment in the black community. Mr. Mabry stated that it is not easy to deal with negative neighbors. Mr. Mabry stated that the name New World speaks for itself. Mr. Mabry stated that in the 4 M years that he has been in business at 120 Sumner Street they have cooperated with the Police Department. Mr. Mabry stated that he met with the Police Chief and agreed to the following: no bar, no consumption of alcohol on the premises, no loitering allowed, no games, and that after three certified letters they would be evicted. Mr. Mabry stated that they do not have a problem meeting these terms. Mr. Mabry asked that they be allowed to establish the business first, and if there are problems, the city can deal with them properly. Mr. Mabry stated that liquor stores do not destroy neighborhoods, but that small differences between people in the community destroy neighborhoods. Eddie Denton stated that the old Club Rendezvous had a bad name. Mr. Denton asked if there is any violation of law in setting up a liquor store and getting the property back on the tax rolls. Mr. Denton urged the council to approve the liquor license. Mr. Denton stated that if: any laws are broken, he is sure the Police Chief would address that. Reverend Steve Reynolds stated that he is not for or against the liquor store, but that he would like to see everyone expend as much energy on the Express Mart. Reverend Reynolds reported that the Express Mart sells liquor, cigarettes and pornography to youth, and that if we are going to stop one, we should stop the other. Leon Mosley, 99 Mosley Street, stated that you can find druggies from East 4th Street to Cottage Street. Mr. Mosley stated that the youth go to school there, they see it all day long. Mr. Mosley stated that the most import thing for the building is the location, and that he has a problem with putting a liquor store by a high school. Julius Green, President of New World Inc., stated that he has a right to make a living just like every one else. Jordan/Murphy that the petitions of opposition and oral comments be received and placed on file. Ayes: Five. Absent: Krizek, Collier. Motion carried. 112163 - Getty/Jordan that the following applications be denied: 1. Beer License Permit Application Class C New World Liquor, 829 East 4th Street (New) (Expires 5/14/00) (Includes Sunday Sales) 2. Wine License Permit Application Class B New World Liquor, 829 East 4th Street (New) (Expires 5/14/00) (Includes Sunday Sales) 3. Liquor License Permit Application Class E New World Liquor, 829 East 4th Street (New) (Expires 5/14/00) (Includes Sunday Sales) Ayes: Five. Absent: Krizek, Collier. Motion carried: BONDS 112164 - Jordan/Anders that the report of the City Attorney and list of bonds filed with the City Clerk through May 17, 1999, be received, placed on file and report and bonds be approved. Ayes: Five. Absent: Krizek, Collier. Motion carried. 112165 - City Attorney Jim Walsh stated that labor negotiations is an approved topic of Executive Session pursuant to Iowa Code Section 20.17(3)(1999). Jordan/Murphy that the Council adjourn to Executive Session at .8:25 p.m. Ayes: Five. Absent: Krizek, Collier. Motion carried. May 17, 1999 Page 8 EXECUTIVE SESSION 112166 - Gronen/Getty that the Council adjourn the Executive Session at 8:43 p.m. Ayes: Five. Absent: Krizek, Collier. Motion carried. ADJOURNMENT 112167 - Jordan/Getty that the Council adjourn at 8:43 Motion carried. p.m. Ayes: Five. Absent: Krizek, Collier. Nancy Eckert City Clerk