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HomeMy WebLinkAboutMinutes-04/01/2002April 1, 2002 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, April 1, 2002. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Eric Thorson, City Engineer. Pledge of Allegiance: Councilperson Harold Getty. ORAL PRESENTATIONS 116708 Martin Culpepper, President of the Cedar Valley Minority Contractors Association, stated that since the council voted to proceed with the Reconstruction Program, he would like them to consider what they did and how it affects the Blacks in the community. Cliff Coney, President of Waterloo NAACP, spoke in support of minority contractors in securing an agreement with the city in a way that is equitable to all parties. The minority contractors are not asking for a quota, but a fair agreement for all contractors who have basically been excluded because of the "good faith effort" wording in the current Minority Contract Compliance Program. Mr. Coney stated the reason he has not come before the council concerning this issue is because he was willing to let Mayor Rooff, council members and the sub committee come up with a solution. Mr. Coney stated that now he has received a written complaint from the minority contractors. Mr. Coney stated minority contractors should be involved in projects for the schools, airport and the Riverfront Renaissance Plan. This is an important issue to the NAACP and the minority community. Minority contractors pay the one cent local option tax and have s right to some of the work being bid. Mr. Coney stated that Councilperson Greenwood mentioned not holding up the Street Reconstruction Project because people are waiting for their streets to be repaired. Mr. Coney stated he feels this problem is more important than that, and another month or a few weeks is not a big issue. Mr. Coney stated he likes nice streets, but there are other economic issues. When minority contractors are getting very little or none of the work that should be fixed. Mr. Coney stated the buck stops with the mayor and council, and they need to vote on the Contract Compliance Program. Mr. Coney asked how would Mayor Rooff like it if the city yanked the contract with Black Hawk Plumbing from the Street Reconstruction Program. Mr. Coney stated his organization is going to look at sewer and airport projects as they would like an equitable agreement. Mayor Pro Tem Getty reported that the bids for the Reconstruction Program have been put out to the contractors using the 1986 Contract Compliance Program, with the bids due next Monday. The city could redo the Contract Compliance Program for other projects, but not for the Reconstruction Program. Joyce Wilder, 226 Bates, reported that she went to court with Operation Threshold regarding the new home built for her by Operation Threshold. She took them to court because when they fixed her deck they were suppose to put in new wood, but they just flipped the old boards and used them. Ms. Wilder stated that the reason the deck was suppose to be torn down was because the wood was no good. Ms. Wilder submitted pictures of the deck. Ms. Wilder questioned why city staff and Mayor Rooff were going to Washington, DC. Don Temeyer, City Planner, stated that representatives from Cedar Falls, the Schools, Black Hawk County, City, and Waterloo and Cedar Falls Chambers of Commerce have formed the Cedar Valley Coalition. The Coalition was formed to approach Legislators for funding for the Cedar Valley. The Coalition visits with the Legislators to inform them of what is going on in our area and find new funding programs. Ms. Wilder responded that the city is using funds from Unity to pay for city staff to go Washington. If we are going to get funds, then the minority contractors should get to work on new houses. When Ms. Wilder asked for minority contractors to work on her home, Operation Threshold said they could not do that. Ms. Wilder stated she strongly feels if a minority contractor had built her home, it would have been built right. Ms. Wilder explained the problems she is having with her house and stated she feels the contractor who built her house should not build anything. Ms. Wilder invited the council to look at her house. This problem has been going on for three years. Councilperson Berry stated she thought the council was told by Operation Threshold that minority contractors are getting 60 percent of those homes. that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. April 1, 2002 Page 2 116709 Jordan/Welper that the Agenda, as proposed, for the Regular Session on Monday, April 1, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 116710 Hurley/Berry that the Minutes, as proposed, for the Regular Session on Monday, March 25, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Pro Tem Getty performed swearing in of Police Officers David Bovy, Albert Bovy and Joseph Zubak. PETITIONS FROM PUBLIC 116711 Hurley/Clark that request of Warrior Paintball for a variance to Section 5-2-6 of the 2001 Waterloo Code Ordinances, which prohibits discharging of firearms within the city, to allow operation of a paintball gaming system at McElroy Auditorium on December 14, 2002, 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 stated he is totally opposed to allowing the discharge of firearms in the city. Councilperson Jordan stated he looked at paintball guns at Wal-Mart, and you have to be 18 years old to buy one. The warning label on the paintgun says this is not a toy, and misuse could cause death. Councilperson Jordan stated the council talks about safety issues, and as policy makers the council needs to set the right image for the city. If the request is approved, does Warrior Paintball need a permit, and do they need to have a $1 million or $2 million certificate of insurance. Councilperson Jordan stated the request does not specify an age limit, just that participants under the age of 18 will need to have a waiver signed by a parent, and we all know how easy that is. The request also asks for an ambulance present during the event. Councilperson Jordan asked the council to turn down this request. Councilperson Berry stated she appreciates Councilperson Jordan's comments. Councilperson Berry stated she talked to people, mothers in particular, regarding this issue. Councilperson Berry stated she opposes this request and agrees with the image problem in part because participants hold guns pointing to someone for fun, and she also understands this can be quite painful. Councilperson Berry stated she agrees with Councilperson Jordan on this request. Councilperson Clark stated he strongly supports this request. To call this a firearm is a stretch. As for warning labels, lots of products have warning labels, and a lot more people are killed by baseball bats. Warrior Paintball is taking every precaution for the event, including having the ambulance at the event. Councilperson Clark stated he supports this event. Councilperson Greenwood asked what is the age limit to participate in the event. Dennis Halverson, owner of Warrior Paintball, responded the insurance coverage requires a person be 11 years old or older. Mr. Halverson reported that at tournament level, the average age is 23 years old. Mr. Halverson stated anyone under 18 years old will need to have a waiver signed by a parent. Councilperson Greenwood asked if training is provided. Mr. Halverson responded paintball guns are similar to air guns, and most who participant in tournaments have played at other league tournaments. Mr. Halverson stated if someone would come to his business, they would talk to them about safety, and they have control measures. Mr. Halverson stated the reason they would like to hold the tournament at McElroy is because the event will be held in December when it is cold, and McElroy allows the tournament to be held indoors. Mr. Halverson stated the tournament here will be the main event of the circuit, and they expect 100 to 150 participants from all over the Midwest. Councilperson Greenwood stated that probably most kids under 18 would not acquire enough points to be in the tournament. Mr. Halverson stated that typically the participants are 23 years old. Councilperson Hurley stated he respects Councilpersons Berry and Jordan's position, but he will vote in favor of this request. Councilperson Hurley stated he has had phone conversations with Warrior Paintball, and while we might not agree with this sport or event, it will be well secured. Councilperson Hurley stated we are talking about one event, and we won't become the paintball capitol of the world because of one event. Councilperson Hurley stated he supports this request. • • z April 1, 2002 • • PETITIONS FROM PUBLIC CONTINUED Page 3 Councilperson Welper stated he watched westerns on television while growing up, and the other day he saw some cartoons which are some of the roughest things on television. Councilperson Welper stated he sees this as military strategy, and military people do this every day. Councilperson Welper stated he supports this request. Councilperson Jordan asked if the city could require Warrior Paintball to have a $2 million certificate of insurance, and increase the age level requirement. Mr. Halverson responded that he would be agreeable to supply $2 million certificate of insurance. Jim Walsh, City Attorney, stated he does not see how the city would be liable for this as the event is not going to be held on city property. The city does carry liability insurance and does have an interest in protecting citizens. Councilperson Berry asked Mr. Walsh if he supports increasing the liability insurance and age level. Mr. Walsh responded if it is the consensus of the council, they could make those requirements part of the motion. Councilperson Hurley asked Mr. Halverson if $2 million certificate of insurance and 18 years old requirement would constrict Warrior Paintball. Mr. Halveson responded that he thinks $2 million certificate of insurance is possible, but an 18 years or older requirement might affect them. Mr. Halverson stated that most organizations have younger participants. Councilperson Clark stated $2 million certificate of insurance will cost a lot more than $1 million certificate of insurance. Mr. Walsh stated he feels $1 million certificate of insurance is sufficient, and suggested the council leave the motion for the resolution as stated with no one under 11 allowed to participate. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Berry, Greenwood, Jordan Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-174. 116712 - Berry/Welper that communication from City Engineer transmitting request of Rod Emery for a waiver for a concrete driveway to be located at 147 Oak Ridge Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-175. REPORTS 116713 Welper/Hurley that communication from Chief Financial Officer transmitting Line Item Budget Control Policy be received, placed on file and "Resolution approving said Policy", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-176. DOCUMENTS 116714 Berry/Welper that communication from Assistant City Attorney transmitting an order accepting acknowledgment/settlement agreement with Metro #66, 821 Broadway Street, in conjunction with settlement of violation of tobacco laws, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-177. 116715 Berry/Welper that communication from Assistant City Attorney transmitting an order accepting acknowledgment/settlement agreement with Downtown Amoco, 428 Franklin Street, in conjunction with settlement of violation of tobacco laws, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-178. April 1, 2002 DOCUMENTS CONTINUED Page 4 116716 Berry/Welper that communication from Assistant City Attorney transmitting an order accepting acknowledgment/settlement agreement with Wal-Mart, 1334 Flammang Drive, in conjunction with settlement of violation of tobacco laws, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-179. 116717 Berry/WAlper that communication from Associate Engineer transmitting an agreement with the Iowa Department of Transportation and the Canadian National/Illinois Central Railroad for repair of grade crossing surface at Wagner Road, at an estimated total cost of $41,605.90, with city's estimated cost of $8,800.00, 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. 2002-180. 116718 - Berry/Welper that communication from City Planner transmitting an application for National Parks Service Urban Park and Recreation Recovery Program grant in the amount of $320,000.00 for the redevelopment of Lafayette Park be received, placed on file and "Resolution approving said grant application", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-181. RESOLUTIONS TO BE ADOPTED 116719 - Greenwood/Berry that "Resolution directing advertisement for sale of $5,215,000 General Obligation Refunding Bonds, Series 2002, and setting date of meeting as April 11, 2002, at 4:30 p.m. on the sale and award of said bonds", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-182. 116720 Welper/Greenwood that "Resolution setting date of hearing as April 22, 2002, at 5:30 p.m. in the City Hall Council Chambers on sale and conveyance of property generally located at 1826 Robin Road for $74,000.00 under HUD Section 5(h) Plan for Sale of Single Family Dwellings under the Public Housing Homeownership Program", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-183. 116721 - Hurley/Welper that "Resolution authorizing certification against property taxes certain unpaid mowing, lot cleanup and snow removal fees", be adopted and City Clerk instructed to notify the Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-184. BILLS PAYMENT 116722 - Jordan/Hurley that "Resolution approving Schedule AP640, pp. 1-61, dated April 1, 2002, in the amount of $559,598.02, 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. 2002-185. r • April 1, 2002 NEW BUSINESS • Page 5 116723 - Clark/Greenwood that communication from Superintendent of Streets transmitting request to seek bids with the Iowa Department of Transportation for rock salt for the 2002-2003 winter season be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-186. TRAVEL REQUESTS 116724 - Hurley/Welper that the following travel requests, which satisfy a public purpose, with expenses not to exceed amount shown, be received, placed on file and approved: 1. John R. Rooff, Mayor, to attend Vision Iowa Board Meeting in Des Moines, Iowa, on April 10, 2002, with costs not to exceed $440.00 2. Louis Cutwright, Building Official/Maintenance Administrator, to attend ADA Symposium and Expo 2002 in Kansas City, Missouri, on May 7-9, 2002, with costs not to exceed $820.00, including use of city vehicle. Ayes: Seven. Motion carried. MISCELLANEOUS 116725 Berry/Hurley 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 applications for Outdoor Service Area and Cigarette License Permit be received, placed on file and approved: 1. Beer License Permit Application Class B Waterloo Bucks Baseball Club, 850 Park Road (Seasonal) (6 months -4/01/02 thru 9/30/02) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Loading Dock, 1435 Sycamore Street (Renewal) (Expires 4/16/03) (Includes Sunday Sales) Barrister's Pub, 501 W. 4th Street (Renewal) (Expires 3/31/03) (Includes Sunday Sales) 3. Beer License Permit Application Class C Holiday Station Store, 3260 University Avenue (Renewal) (Expires 5/4/03) (Includes Sunday Sales) 4 Application for Outdoor Service Area Waterloo Bucks Baseball Club, 850 Park Road 4/1/02 thru 9/30/02 Barrister's Pub, 501 W. 4th Street 4/1/02 thru 3/31/03 5. Application for Cigarette License Permit 3 Star Mart, 4335 Texas Street Ayes: Six. Abstain: Clark. Motion carried. BONDS 116726 - Jordan/Berry that the report of the City Attorney and list of bonds filed with the City Clerk through April 1, 2002, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 116727 - Jordan/Clark that the Council adjourn at 6:22 p.m. Ayes: Seven. Motion carried. NancEckert City Clerk