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HomeMy WebLinkAboutMinutes-03/26/2001March 26, 2001 • • 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, March 26, 2001. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Reverend Scott Paczkowski, Westminster Presbyterian Church. Pledge of Allegiance: Nancy Eckert, City Clerk. ORAL PRESENTATIONS 114944 - Dave Nagle stated that there was cause to circulate a petition requesting State Auditor Richard Johnson to examine the books of Waterloo. Mr. Nagle reported that 500 citizens came to his office and signed the petition because they were concerned about the city's financial condition and how we got to where we are at. Mr. Nagle asked the council to join in the request same as the citizens to eliminate any cloud over the community and to understand where we are at. Mr. Nagle read a letter addressed to Richard Johnson and asked the council to sign the letter. Mr. Nagle stated that he was not trying to blackmail the council but afford them an opportunity to acknowledge the community's concern about the books of the city. Mr. Nagle reported that an individual employed by the city called him with concerns about the budget. Mr. Nagle stated that the city's records show the Haz Mat loss money when in fact it made $25,000. Mr. Nagle stated that the council should be afforded the same opportunity as the citizens so that we, as a community, go to the State united. Jordan/Gronen that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 114945 - Jordan/Berry that the Agenda, as proposed, for the Regular Session on Monday, March 26, 2001, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 114946 - Berry/Anders that the Minutes, as proposed, for the Regular Session on Monday, March 19, 2001, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring March 25-31, 2001, as Boys and Girls Club Week. UNFINISHED BUSINESS 114947 - Jordan/Murphy that request from Councilperson Gronen to reconsider encroachment agreement with Randal Robinson for 1' x 96' portion of alley generally located behind 907 Byron Avenue be received, placed on file and approved. Ayes: Six. Nays: Anders. Motion carried. 114948 - Jordan/Krizek that "Resolution approving said encroachment agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty questioned whether the city would be liable because the fence is on city property. City Clerk Nancy Eckert responded that as owners of the property we would have liability. Don Temeyer, City Planner, reported that the agreement with the Robinsons includes a hold harmless clause which indemnifies the city. Councilperson Anders stated that the city required property owners on Greenbrier to tear down their fences. Councilperson Anders stated that the city enforces the ordinance day to day, and there are so many ordinances we do not enforce that would make this a better city. Councilperson Anders stated that we need to enforce the ordinances on the books. Councilperson Anders encouraged council members to hold fast on their original decision not to approve the encroachment agreement. Councilperson Krizek stated we are doing selective enforcing, and that on tonight's agenda there is a resolution to sell city -owned property for $75 because a building was built on the land over 40 years ago. Councilperson Krizek asked why is it okay to sell the alley but not approve this agreement. Councilperson Krizek stated that the agreement applies only to the present owners and would not apply to new owners. March 26, 2001 Page 2 UNFINISHED BUSINESS CONTINUED Councilperson Jordan stated that ordinances are only guidelines, and each time an issue comes up the city should investigate. Councilperson Jordan stated that the Street, Fire and Police Departments say the alley is safe, and the alley can be plowed. Councilperson Jordan stated that the city needs to be user friendly, and that the resident did not intentionally do this. Councilperson Berry stated that she personally has no problem with this request, but that the council could be setting precedent for future requests. Councilperson Murphy stated that many times the city has vacated and sold property to adjacent property owners, and this is no different than those time. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Anders, Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-101. Mayor Rooff absent at 5:50 p.m. Mayor Pro Tem Harold Getty now in the chair. REPORTS 114949 - Krizek/Gronen that communication from Chief Financial Officer transmitting February 2001 Financial Report, with total revenues in the amount of $4,187,022.77 and total expenditures in the amount of $7,777,355.31 be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 114950 - Anders/Murphy that communication from City Engineer transmitting agreement with IDOT to use Newell, East 4th, Donald and Broadway Streets as detours in conjunction with Chicago, Central & Pacific Railroad crossing replacement on Highway 63, generally located north of Arlington Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2001-102. 114951 - Anders/Murphy that communication from Associate Planner transmitting application for Deretha Fantroy for tax exemptions on improvements totaling $15,000.00 for property located at 306 Bates Street in the Consolidated Urban Revitalization Area Plan be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward said application to the Black Hawk County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2001-103. ORDINANCES TO BE ADOPTED 114952 - Jordan/Gronen that "an Ordinance amending the 2000 Traffic Code by Park Lane of Section 551, Parking Prohibited at All and enacting in lieu thereof a new Subsection (300) Parking Prohibited at All Times on Certain Streets (change northeast side to the southwest side in the 600 block of Park Lane)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. repealing Subsection (300) Times on Certain Streets; Park Lane of Section 551, no parking from the 114953 - Jordan/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. March 26, 2001 ORDINANCES TO BE ADOPTED CONTINUED 114954 - Murphy/Jordan Page 3 that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (300) Park Lane of Section 551, Parking Prohibited at All Times on Certain Streets; and enacting in lieu thereof a new Subsection (300) Park Lane of Section 551, Parking Prohibited at All Times on Certain Streets (change no parking from the northeast side to the southwest side in the 600 block of Park Lane)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4462. 114955 - Murphy/Anders that "an Ordinance vacating the alley abutting property generally located at 1010 Broadway Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114956 - Forest Dillavou stated that he talked to Councilperson Getty and other Council Members and made an offer ten times the amount being offered by Fereday. Mr. Dillavou stated that the property belongs to the taxpayers, and they are not being treated properly selling this property for $75.00. Mr. Dillavou stated that other businesses have had to pay full price for city -owned property. Councilperson Getty stated that he looked at the property and talked to Feredays. Councilperson Getty stated that the structure was built on the property 40 years ago by Mr. Fereday's father. Councilperson Getty stated that the property dead -ends at Feredays. Councilperson Getty commented that they are paying taxes on the building, and that no one knew it did not belong to Feredays. Councilperson Getty stated that the land is of no use to anyone else. Anders/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114957 - Jordan/Anders that "an Ordinance vacating the alley abutting property generally located at 1010 Broadway Street", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4463. 114958 - Berry/Anders that "Resolution authorizing sale and conveyance of alley abutting property generally located at 1010 Broadway Street to Fereday Heating Company for $75.00", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2001-104. 114959 - Berry/Gronen that "an Ordinance amending the Code of Ordinances of the City of Waterloo by repealing Section 20-9, Unfair or Discriminatory Practices -Housing, of Chapter 20, Human Rights Commission; and enacting in lieu thereof a new Section 20-9, Unfair or Discriminatory Practices -Housing, of Chapter 20, Human Rights Commission (setting statutory citations for processing Fair Housing discrimination complaints), be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114960 - Gronen/Berry that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. March 26, 2001 ORDINANCES TO BE ADOPTED CONTINUED 114961 - Jordan/Murphy Page 4 that "an Ordinance amending the Code of Ordinances of the City of Waterloo by repealing Section 20-9, Unfair or Discriminatory Practices -Housing, of Chapter 20, Human Rights Commission; and enacting in lieu thereof a new Section 20-9, Unfair or Discriminatory Practices -Housing, of Chapter 20, Human Rights Commission (setting statutory citations for processing Fair Housing discrimination complaints)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4464. BILLS PAYMENT 114962 - Krizek that "Resolution approving Schedule AP640, pp. 1-63, dated March 26, 2001, in the amount of $1,998,715.19, 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 Pro Tem assigned No. 2001-105. NEW BUSINESS 114963 - Jordan/Gronen that communication from City Clerk transmitting 2001 Code of Ordinances for the City of Waterloo be received, placed on file and "Resolution setting date of hearing as April 9, 2001, at 5:30 p.m. in the City Hall Council Chambers", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2001-106. TRAVEL REQUESTS 114964 - Berry/Jordan .r that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. David Mohlis, Police Lab Investigator, to attend Basic Criminal Investigation School for Lab Personnel in Johnston, Iowa, on May 20-25, 2001, with costs not to exceed $193.45, including use of city vehicle. 2. Kathy Mahoney, Hate Crimes Roundtable Chairperson, to attend Professional Leadership Training Conference - "To Healing from Hate" in Columbus, Ohio, on March 25-28, 2001, with costs not to exceed $1,147.48. Prior to a vote on the above motion, the following comments were heard. Councilperson Krizek questioned why Item No. 11 was brought before the council so late. Walter Reed, Executive Director of Human Rights Commission, stated that the information came late in terms of conference registration. Mr. Reed stated that he thought he submitted the travel request in time to the proper committee. Mr. Reed stated that the money is from a grant for the Cedar Valley Hate Crimes Roundtable, and no General Fund money is being used. Councilperson Anders asked if the individual is a city employee. Mr. Reed responded that she is not a city employee but part of the Cedar Valley Hate Crimes Roundtable, and he felt it was important for her to attend to learn how to respond to hate crimes. Mr. Reed stated that the money has been raised for volunteers of the Hate Crimes Roundtable. Councilperson Anders questioned that since this person is not a city employee is it a legal expenditure. Mr. Reed responded that use of the funds is written in the grant, and there are 400 volunteers, its their money and only administered through the city. Mr. Reed stated that there are a host of activities the volunteers do that are paid with grant dollars. Following discussion a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. Ayes: Seven. Motion carried. • • March 26, 2001 MISCELLANEOUS 114965 - Gronen/Jordan Page 5 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 and the following outdoor service area applications be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/13/02) (Includes Sunday Sales) Legends, 2122 Kimball Avenue (Renewal) (Expires 3/27/02) (Including Sunday Sales) Barrister's Pub, 501 West 4th Street (New Owner) (Expires 4/1/02) 2. Beer License Permit Application Class C Jim Lind Standard, 230 East Ridgeway Avenue (Renewal) (Expires 4/6/02) (Includes Sunday Sales) Triple J Mart, 1807 LaPorte Road (Renewal) (Expires 4/8/02) (Includes Sunday Sales) 3. Application for Outdoor Service Area Sunnyside Country Club, 1600 Olympic Drive - 4/15/01 thru 10/15/01 Barrister's Pub, 501 West 4th Street - 4/1/01 thru 10/31/01 Ayes: Seven. Motion carried. BONDS 114966 - Gronen/Jordan that the report of the City Attorney and list of bonds filed with the City Clerk through March 26, 2001, be tabled for one week. Ayes: Seven. Motion carried. ADJOURNMENT 114967 - Berry/Anders that the Council adjourn at 6:10 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk