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HomeMy WebLinkAboutMinutes-06/09/2003• • June 9, 2003 The City Clerk of the City of Waterloo, Iowa, met in Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at 12:00 noon on Monday, June 9, 2003, to open bids and receive and refer the sale of $870,000.00 General Obligation Bonds, Series 2003B, to the best and most favorable bidder for cash, subject to approval of the City Council at 5:30 p.m. on the above date. The following persons were present at said meeting: Larry Burger from Speer Financial and the City Clerk. This being the time and place for the opening of bids for the sale of $870,000.00 General Obligation Bonds, Series 2003B, the meeting was opened for receipt of bids for the bonds. The following sealed bids were received, placed on file, but NOT OPENED and sealed bidding closed: 1. 2. 3. 4. Name of Bidder Northland Securities, Inc., Minneapolis, MN Bankers' Bank, Madison, WI Ruan Securities, Des Moines, IA Union Planters Bank, N.A., Waterloo, IA Whereupon the City Clerk declared the time for filing of sealed bids for the sale of $870,000.00 General Obligation Bonds, Series 2003B, to be closed, and whereupon the City Clerk declared the sealed bids be opened, which were as follows: Name of Bidder Northland Securities, Inc., Minneapolis, MN Bankers' Bank, Madison, WI Ruan Securities, Des Moines, IA Union Planters Bank, N.A., Waterloo, IA Net Interest 4.4737% 4.5812% 5.0047% 6.2695% Whereupon all bids were referred to Speer Financial, Inc. and the meeting adjourned to 5:30 p.m. in the City Hall Council Chambers on June 9, 2003. June 9, 2003 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, June 9, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Tim Shea, Superintendent of Waste Management Services. Pledge of Allegiance: Tom Jennings, Police Chief. ORAL PRESENTATIONS 118314 - Tom Hall spoke regarding the newspaper article about the city proposing to charge for police escorts for funeral. Mr. Hall stated that Des Moines does not provide police escorts for funerals because there is a private firm that provides that service, which doesn't take police officers away from their jobs. Mayor Rooff responded that there has been a suggestion to charge for police escorts, but no formal discussion. Jerry Shatzer spoke regarding the item on tonight's agenda to rezone property to allow for a video store. Mr. Shatzer stated that it is legal to have adult videos at that store, but we need to look at the social justice. To allow adult videos is legal but socially unjust, and he feels this property should be used for housing. Mr. Shatzer suggested that the property where Kingsley School is located should be used for housing development. Mr. Shatzer stated that there are people in this town who live in slum housing. Jordan/Hurley that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 118315 - Getty/Jordan that the Agenda, as amended, for the Regular Session on Monday, June 9, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. June 9, 2003 Page 2 118316 - Jordan/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, June 2, 2003, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring June 14, 2003, as the United States Army's 228th birthday and the period of June 9-15, 2003, as United States Army Week. Presentation was made by the Waterloo -Cedar Falls Board of Realtors of checks to the Boys/Girls Club of Black Hawk County, El Centro Latinoamericano Resources Center, Jesse Cosby Center and St. Vincent DePaul. CONSENT AGENDA 118317 - Hurley/Jordan that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Communication from City Engineer transmitting request of Frank Neith for a waiver for a concrete driveway to be located at 1219 Sheffield Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-384. 2. Communication from City Clerk transmitting request of Daryl and Meri Kay Chase, 555 W. Wellington Street, for a variance to the Noise Ordinance on June 21, 2003, from 7:00 p.m. to 11:00 p.m. in conjunction with a band playing at their residence Resolution adopted and upon approval by Mayor assigned No. 2003-385. 3. Communication from Police Chief transmitting request of Grout Museum of History and Science that the 2nd Street entrance to 330 South parking lot be blocked off and South Street between 2nd and 3rd Streets be blocked from traffic in conjunction with Festival of Flight to be held on June 27, 2003, from 10:00 a.m. to 4:30 p.m. Resolution adopted and upon approval by Mayor assigned No. 2003-386. b. Motion to approve the following: 1. Cheryl Huddleston, Human Resources Manager, to attend seminar for public sector entities on wages, hour and pay issues in Bettendorf, Iowa, on June 26, 2003, with costs not to exceed $189.00. c. Beer License Permit Application Class B Waterloo Jaycees, 100 block of East 4th Street (5 days — 7/5/03-7/9/03) (Includes Sunday Sales) Waterloo Jaycees, 100 block of West 4th Street (5 days — 7/5/03-7/9/03) (Includes Sunday Sales) Garfields Cafe, 2820 Falls Avenue (Renewal) (Expires 6/14/04) d. Beer License Permit Application Class C Metro 66, 3201 West 4th Street (Renewal) (Expires 6/30/04) (Includes Sunday Sales) Osco Drug, 2068 Logan Avenue (Renewal) (Expires 7/05/04) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires 6/13/04) Jo Mama's, 352 Fletcher Avenue (New) (Expires 05/25/04) (Includes Sunday Sales) Veterans of Foreign Wars Post #1623, 1406 Commercial Street (New address) (Expires 7/4/03) (Includes Sunday Sales) f. Fireworks Display Application Sunnyside Country Club, 1600 Olympic Drive on July 4, 2003 g. Bonds. Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit •ications. Motion carried. June 9, 2003 HEARINGS 118318 - Clark/Kincaid • • Page 3 that proof of publication of notice of public hearing on the request of Toriel R. Wise to rezone from "R-2" Residential District to "C -1,C -Z" Conditional Zoning property generally located at 541 Albany Street for the purpose of establishing a commercial dog kennel, as published in the Waterloo Courier on May 29, 2003, be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Councilperson Kincaid stated that he looked at this area, and it is a quiet area. Councilperson Kincaid stated that there are signatures in favor of rezoning this property to use for a dog kennel, but what happens in the future when new people move into the neighborhood. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 118319 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Clark 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. 118320 - Getty/Kincaid that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 103 to Section 2A -7N, Conditional Zoning Certain Property", 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. Councilperson Jordan stated that citizens are always concerned about barking dogs at night, etc. Councilperson Jordan stated that the property owner is proposing a great plan, but he cannot support putting a dog kennel into a neighborhood. Councilperson Hurley reported that Ms. Wise does not have to appear before the council because the current zoning ordinance allows her to have three adult dogs up to six months old. Ms. Wise is asking for the rezoning because this particular breed of dog cannot be shipped until the dog is eight months old, and she just wanted to be legal. Councilperson Hurley stated he does not believe by approving this rezoning request that the council will be opening up the flood gates. Councilperson Hurley asked if the zoning change could be made specific to Ms. Wise and when she sells it, there could no longer be a kennel. Don Temeyer, Community Planning and Development Director, responded that the zoning runs with the land. When Ms. Wise moves from the property, the council could start action to rescind the ordinance which allows the zoning for a dog kennel. Mr. Temeyer reported that city staff originally recommended denial of the rezoning request because a commercial dog kennel is not compatible with the Land Use Map or Comprehensive Plan. The zoning ordinance has set regulations for the operation of home occupations, which are designed to allow compatible businesses from a residential home, and the kennel business does not meet these criteria nor does staff believe it would be a compatible residential business. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Welper, Greenwood, Jordan. Motion carried. 118321 - Hurley/Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nays: Welper, Greenwood. Motion failed. 118322 - Getty/Jordan that proof of publication of notice of public hearing on request of George Warren to rezone from "R-3" Multiple Family Residence District to "C-1" Commercial District property generally located at the northwest corner of West Ridgeway and Ansborough Avenues to allow construction of a Family Video Store and small retail uses, as published in the Waterloo Courier on May 29, 2003, be received and placed on file. Ayes: Seven. Motion carried. June 9, 2003 Page 4 HEARINGS CONTINUED 118323 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mayor Rooff reported that a letter of opposition has been received from Walnut Ridge Baptist Church and petitions and a letter in favor of the rezoning. Getty/Clark that the petitions in favor and opposition be received and placed on file. Ayes: Seven. Motion carried. 118324 - Arnold Becker, 3376 Inverness Road, spoke in opposition to the rezoning request. Mr. Becker stated that the letters in favor have 15 signatures, but Mr. Warren's signature is on those lists 3 times and also Dick Comito who rents from Mr. Warren, someone on Hudson Road, East Ridgeway and Pennsylvania. Mr. Becker stated that although those people have a vital interest we can't consider them as neighbors. Mr. Becker reported he has a petition with 18 signatures, with all but one of those signatures, representing property owners along the east side of Ansborough Avenue. Mr. Becker stated that he has another petition containing 18 signatures from the residents along the north side of Ridgeway Avenue. Jordan/Hurley that petitions of opposition be received and placed on file. Ayes: Seven. Motion carried. 118325 - Phyllis Mortensen, 1209 West 4th Street and Past President of Citizens for Decency, stated she is not just concerned with the pornography, but also ideas in pornography with women and children exploited for sexual purposes. Ms. Mortensen talked about her previous experiences in neighborhoods with adult entertainment and how neighborhoods change. Ms. Mortensen stated she does not like the idea of adult videos near a school. Ms. Mortensen stated that pornography is a magnet for people with strange ideas and habits. Ms. Mortensen challenged the council to show that they care more about the young people in the community and our children than the almighty dollar. Phil Goedken, 409 Baltimore and a member of Walnut Baptist Church, spoke as a parent having five kids at the Academy. Mr. Goedken stated that this rezoning will replace a single family dwelling with a narrow driveway with an establishment with parking for 88 onto Ridgeway Avenue close to where there are kids. Mr. Goedken stated that the traffic study shows that the traffic won't be a burden onto the intersections, but he doesn't think it adds up. Mr. Goedken stated the video store leases adult material and is close proximity to the church and school with kindergarten to 12th grade, and he is afraid the material could inadvertently be placed where young kids can see it. Mr. Goedken stated he is very opposed to this request. Al Manning, 1020 Southhill Drive, stated he is opposed to an ordinance that would allow businesses to have 25 percent of its floor space or 25 percent of its business in adult material. If this material is detrimental enough that it would be regulated by the city, than any amount is too much. Mr. Manning stated that the store owner has said the adult videos will only generate 3 percent of their business per year, but his research shows it is more like 15 to 20 percent. If 25 percent of the business is adult videos, the store could theoretically produce $250,000 business per year in adult material. Mr. Manning stated this should be totally eliminated within school and church areas. Mr. Manning stated this material creates desires in the users that they might seek to satisfy in other ways. Mr. Manning read a letter sent to the American Decency Association. Mr. Manning asked the council to vote against this rezoning request. Daniel Beach, 3802 Knoll Ridge, Cedar Falls and principal of Walnut Ridge Academy, stated that pornographic material by schools is unacceptable. A business such as this on the corner will increase traffic and there are sporting activities and student drivers in that area. Mr. Beach stated he is fearful this business will increase traffic and create problems for young drivers. Mr. Beach stated his strongest objection is bringing pornographic materials into the neighborhood. • • June 9, 2003 • • HEARINGS CONTINUED Page 5 Mark Tink, 860 Prospect, stated we have been told the adult videos are put behind secured doors with a surveillance camera on the area. Mr. Tink showed a picture of the adult area right by the restrooms, and the room has swinging doors. Mr. Tink stated as the parent of three boys he understand curiosity. Mr. Tink stated he wants to raise good, moral citizens. Mr. Tink stated he understands what it is like to have filters for the computers at home, and all parents have to work with this process. Mr. Tink stated he is opposed to the rezoning request as it takes us three steps backwards, and hinders his ability to bring up his boys the way he wants. Mr. Tink stated the videos are on a shelf at eye level with his 13 year old son, and he doesn't want to tempt his sons. Mr. Tink asked the council to vote no on this rezoning. Dave Moore, 1893 Pinehurst and Pastor of Walnut Ridge Baptist Church, stated he has been at the church for 18 years, and he is appealing this request on the basis that the church has been here for 107 years and offers its services to maintain the kind of community we are proud of. The Family Video Store has only a commercial commitment. Pastor Moore stated he is appealing on the basis of what the council thinks of them and their purposes, and that their arguments are strong. Pastor Moore urged the council to vote no. Richard Van Heukelum, Senior Pastor at Walnut Ridge Baptist Church, spoke in opposition to the rezoning. Pastor Van Heukelum read an article from the Des Moines Register. Pastor Van Heukelum presented a petition with 46 signatures. Pastor Van Heukelum stated his church is striving to be good for the city, and he believes very strongly this rezoning would greatly go against this. Pastor Van Heukelum asked the council to stand on the moral justice. Jordan/Hurley that said petition be received and placed on file. Ayes: Seven. Motion carried. 118326 - Marcella Gruver, 206 Moir, spoke in opposition of the rezoning request. Ms. Gruver reported she is not a member of Walnut Ridge Baptist Church, but attends 1St Wesylan Church located on South Hammond. Ms. Gruver stated that even though the adult entertainment is less than 3 percent of the business, it is a great concern. Ms. Gruver asked the council would they like the area by their church rezoned so that Family Video could be located by their church. David Nall, representing Family Video, reported that two months ago they opened their first store in Waterloo, and they have opened 300 stores with all the same concerns and issues, and they have been able to educate people on the benefits and detriments. Mr. Nall stated they are a great neighbor, and you can call any city and you won't find one complaint regarding Family Video. Mr. Nall stated this is a tough decisions. Mr. Nall stated with any kind of development plan, the obvious use is commercial, but not one person has spoken to the commercial zoning. Mr. Nall stated when Family Video came to this community they made a big improvement to the neighborhood, they demolished a dilapidated building and brought in additional sales taxes. Mr. Nall stated the issue of cafe door versus enclosed door, he will put in a door with a lock and buzzer. Mr. Nall stated the store will have 700 adult films, 13,000 other films, with 3,000 films for kids. Mr. Nall reported that every year in June Family Video provides hundreds of free movies for kids who show them an A on their report card. Mr. Nall stated that Family Video participates in many booster clubs, and delivers turkeys over the holidays. Mr. Nall stated they hope to increase jobs for Waterloo. Councilperson Jordan asked if Family Video would consider removing the adult videos. Mr. Nall responded that he is a father of three children, was a customer of Family Video for five years, and has worked for them for fours years, and before that he did not even know about the adult videos. Mr Nall stated that the founder of Family Video has been a proponent of free enterprise, served in the Navy as a commanding officer, and providing adult videos is just a basic principal of his. Mr. Nall stated their desire is to continue with the business model which provides 2 to 4 percent of adult video business. Mr. Nall reported they rent to customers and there is no viewing in the store, and the only viewing is for G and GP rated movies. Rhonda Knight, Crestline Avenue and a member of the Academy, stated that there are already two other video stores within a few blocks and we don't need another store. Ms. Knight stated we already helped this company by putting one of its store on the east side. A resident of Columbia Circle asked what the complaint rate is on Franklin Street since the opening of the Family Video Store. Police Chief Tom Jennings responded that he is not aware of any increased calls for service at Family Video. June 9, 2003 Page 6 HEARINGS CONTINUED Councilperson Buck stated that Family Video Store is opened 365 days per year from 12:00 noon to midnight, and it seems the traffic is not conducive to sport events and church activities. Getty/Jordan 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. 118327 - Jordan/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 341 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Three. Nays: Kincaid, Clark, Jordan, Hurley. Motion failed. 118328 - Jordan/Kincaid that proof of publication of notice of public hearing on amendment to Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to creating a new Rural Residential District which would allow for development within the city limits where city services would not be available, as published in the Waterloo Courier on May 29, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118329 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Clark 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. 118330 - Jordan/Welper that "an Ordinance amending Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to creating a new Rural Residential District which would allow for development within the city limits where city services would not be available", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. Hurley now absent at 6:38 p.m. 118331 - Jordan/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Hurley. Motion carried. 118332 - Clark/Jordan that "an Ordinance amending Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to creating a new Rural Residential District which would allow for development within the city limits where city services would not be available", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Hurley. Ordinance adopted and upon approval by Mayor assigned No. 4616. Hurley now present at 6:40 p.m. 118333 - Welper/Kincaid that proof of publication of notice of public hearing on a Loan Agreement and issuance of not to exceed $385,000.00 General Obligation Capital Loan Notes to provide funding to pay for outstanding sick leave obligations to retiring employees, as published in the Waterloo Courier on May 29, 2003, be received and placed on filed. Ayes: Seven. Motion carried. 118334 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. • • • • June 9, 2003 Page 7 HEARINGS CONTINUED Larry Burger, Vice President of Speer Financial, reviewed the two bids received. Mr. Burger reported that these bonds will be used for sick leave payouts, and they are taxable bonds because of the range of the bonds. Mr. Burger reported that bids were solicited from local banks, with the city receiving two proposals. The payments on these loan notes are due in December 2003 and June 2004. Bids were received from Wells Fargo at 3.1500 percent and Union Planters Bank at 3.2258 percent. Mr. Burger recommended that the council award the loan notes to Wells Fargo at a net interest rate of 3.1500 percent. Michelle Weidner, Chief Financial Officer, reported that the sick leave payouts are for benefits accumulated prior to 1984. Employees who accrued the sick leave benefit are not eligible to receive the benefits. Jordan/Clark that the hearing be closed and oral and written comments be received and placed on filed. Ayes: Seven. Motion carried. 118335 - Getty/Clark that "Resolution authorizing loan agreement and instituting proceedings to take additional action for the issuance of said $385,000.00 Capital Loan Notes", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-387. 118336 - Jordan/Clark that "Resolution directing acceptance of a proposal to purchase said $385,000.00 General Obligation Capital Loan Notes, Taxable Series 2003C, from Wells Fargo Bank, N.A., Waterloo, Iowa, at a net interest rate of 3.1500 percent", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-388. BOND SALE 118337 - Jordan/Clark that proof of publication of notice of public hearing on Notice of Sale of $870,000.00 General Obligation Bonds, Taxable Series 2003B, as published in the Waterloo Courier on May 29, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118338 - Jordan/Getty that "Resolution directing sale of $870,000.00 General Obligation Bonds, Taxable Series 2003B, to Northland Securities, Inc. of Minneapolis, Minnesota, for a net interest rate of 4.4737 percent and net interest cost of $336,477.01", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-389. HEARINGS CONTINUED 118339 - Getty/Hurley that proof of publication of notice of public hearing on issuance of not to exceed $7,550,000.00 General Obligation Bonds for an Essential Corporate Purpose to provide costs for construction, development and beautification of the banks and other areas adjacent to flood control improvements along the Cedar River in downtown, including construction of the Downtown Pedestrian Riverwalk Loop trail improvements and the Cedar River Plaza and Amphitheater project; the acquisition, construction and installation of flood control structures and other waterway improvements at the Cedar River Dam, including the construction of a bladder onto the existing dam structure, as published in the Waterloo Courier on May 29, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118340 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hurley/Jordan that the hearing be closed and oral and written comments be received and placed on filed. Ayes: Seven. Motion carried. June 9, 2003 Page 8 HEARINGS CONTINUED 118341 - Getty/Jordan that "Resolution instituting proceedings to take additional action for the issuance of said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-390. 118342 - Getty/Hurley that proof of publication of notice of public hearing on issuance of not to exceed $2,000,000.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs of planning, undertaking and carrying out the Cattle Congress Urban Renewal and Redevelopment Plan, including costs associated with funding of one or more grants to National Dairy Cattle Congress, Inc. for the purpose of redevelopment and improvement of the Cattle Congress buildings, grounds and facilities, as published in the Waterloo Courier on May 29, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118343 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hurley/Jordan that the hearing be closed and oral and written comments be received and placed on filed. Ayes: Seven. Motion carried. 118344 - Getty/Jordan that "Resolution instituting proceedings to take additional action for the issuance of said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-391. 118345 - Getty/Hurley that proof of publication of notice of public hearing on issuance of not to exceed $800,000.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs of planning, undertaking and carrying out the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, including costs associated with funding of one or more grants to parties for improvements being constructed at the Grout Museum District and the acquisition, clearance and demolition of properties within the Downtown Gateway District, as published in the Waterloo Courier on May 29, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118346 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hurley/Jordan that the hearing be closed and oral and written comments be received and placed on filed. Ayes: Seven. Motion carried. 118347 - Getty/Jordan that "Resolution instituting proceedings to take additional action for the issuance of said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-392. PETITIONS FROM PUBLIC 118348 - Hurley/Welper that communication from City Planner transmitting request of William and Dianne Lawless to rezone from "R -1,C -Z" Conditional District to "R-1" Residential District property generally located at 5049 Hess Road for purpose of building a single family home, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 23, 2003, 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 of Mayor assigned No. 2003-393. • • June 9, 2003 • • PETITIONS FROM PUBLIC CONTINUED 118349 - Hurley/Welper Page 9 that communication from City Planner transmitting request of John Eveland for a site plan amendment to the "R -3,R -P" Planned Residence District for property generally located near the northwest corner of West 4th Street and Ansborough Avenue for the purpose of development of senior housing, together with recommendation of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 23, 2003, 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. 2003-394. 118350 - Hurley/Welper that communication from City Planner transmitting request of Todd Welch for a site plan amendment to the "C -1,C -Z" Conditional Commercial District for property generally located at 2761 Logan Avenue for the purpose of adding mini - storage units, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 23, 2003, 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. 2003-395. DOCUMENTS 118351 - Kincaid/Welper that communication from Airport Director transmitting an agreement with the U.S. Department of Transportation Federal Aviation Administration for a grant in the amount of $1,000,000.00 in conjunction with terminal renovation project be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-396. 118352 - Kincaid/Welper that communication from Police Chief transmitting an application with the U.S. Department of Justice Office of Community Oriented Policing Services for a grant in the amount of $75,000.00, with city match of $25,000.00, to be used for paying overtime for sworn personnel to assist in prevention of terrorism and other violent and drug-related crimes be received, placed on file and "Resolution approving said grant application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2003-397. RESOLUTIONS TO BE ADOPTED 118353 - Welper/Greenwood that communication from Police Chief transmitting award of additional grant in the amount of $8,000.00 from Cedar Valley Promise, through DECAT, with no required city match, to be used for enforcing underage drinking by conducting underage alcohol compliance checks at area businesses licensed to sell alcohol, be received, placed on file and "Resolution approving said grant", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-398. 118354 - Jordan/Welper that communication from Chief Financial Officer transmitting request for authorization to create new fund to track Vision Iowa funds be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-399. 118355 - Jordan/Welper that communication from Chief Financial Officer transmitting various fund transfers be received, placed on file and "Resolution approving said fund transfers", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-400. June 9, 2003 Page 10 RESOLUTIONS TO BE ADOPTED CONTINUED 118356 - Jordan/Hurley that "Resolution approving $1.25 of the $1.50 surcharge per round of golf be used for maintenance of golf courses", be adopted. Councilperson Getty reported he has received telephone calls regarding this resolution and asked the council to table action for one week. The Leisure Services Commission has a meeting in the morning and will be discussing this resolution. Getty/Clark that "Resolution approving $1.25 of the $1.50 surcharge per round of golf be used for maintenance of golf courses", be tabled for one week. Ayes: Seven. Motion carried. 118357 - Getty/Hurley that "Resolution approving building permit fee schedule", be tabled for one week. Prior to a vote on the above motion, the following comments were heard. Mayor Rooff stated he spoke to a member of the Contractors Committee and Councilperson Jordan received a fax from the Chairperson of the Contractors Committee with the suggestion to set the fees using square footage. Mayor Rooff stated he feels the city should seriously look at this suggestion, and he asked Councilperson Jordan to set up a meeting with the Contractors Board for next Monday afternoon. Councilperson Hurley stated that several council members have talked about issues that have come up, and he feels there should be another work session with the contractors. Councilperson Hurley stated there are a lot of comments regarding perceived difficulties working with City Hall, and he feels it is time to have a meeting in a civil, organized fashion. Councilperson Welper stated the city currently has a fee schedule based on dollar amount of the project. Now we are talking about square footage, so a roof replacement will have a different footage, and we will need multiple schedules. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. ORDINANCES TO BE ADOPTED 118358 - Hurley/Greenwood that "an Ordinance amending the 2003 Traffic Code by repealing Section 312, Fees—Monthly and Reserved Ramp and Lot Parking; and enacting in lieu thereof a new Section 312, Fees—Monthly and Reserved Ramp and Lot Parking (increase fee $5.00 per month)", 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. Councilperson Hurley reported that a meeting was held with he, Donna Nelson, and Councilpersons Jordan and Greenwood. Councilperson Hurley stated that Ms. Nelson feels parking in and itself is just another item facing downtown property owners, just another challenge to make a go of the downtown. Councilperson Hurley stated that they discussed the general economics of the city, shared facts and figures from other cities. Ms. Nelson feels incentives are needed for the downtown. Mayor Rooff stated he is also reminded of an article that said downtowns are not high tech. Mayor Rooff stated there are a lot of issues facing downtown that need to be addressed. Councilperson Clark stated the council raised garbage and sewer fees and he agreed with those increases, but this seems like biting the hands that feeds us. Councilperson Clark stated that a goal of the council is to help the downtown, and we should help those located downtown. Councilperson Clark stated we need to understand our customer base, and he feels with any raise in parking fees we could lose people who work and live downtown. Councilperson Clark stated he feels we should look at all the fees we are talking about. Councilperson Clark stated he understands the city needs funds, but he is opposed to this increase. • • • June 9, 2003 Page 11 ORDINANCES TO BE ADOPTED CONTINUED Donna Nelson, 514 Columbia, stated on April 14, 2003 she asked the council to rethink the parking, and she appreciates Councilpersons Hurley, Jordan and Greenwood meeting with her. Ms. Nelson stated they had good discussions, and she hopes they understand parking is not the only issue but a building block. Ms. Nelson stated she made telephone calls to other cities, and they said they did not raise the parking fees until the downtown was vibrant. Ms. Nelson stated she hopes the council votes no on this ordinance as it is a drop in the bucket that could hurt the downtown. Ms. Nelson stated that raising parking fees is only a tax on the workers and businesses. Ms. Nelson stated she needs to know the amount of revenue raised in each lot and ramp and the expenditures for each lot and ramp. Ms. Nelson stated the parking funds should be kept separate from the General Fund. Bob Molinaro stated that some times the council has to do its job and attack the problem and quit picking pockets. Mr. Molinaro stated he feels this is the most fee driven town in Iowa and we don't accomplish one thing. Mr. Molinaro stated fees and costs will go up every year, and we need to address cost or we will run out of fees. Mr. Molinaro stated that the city borrows too much. Mr. Molinaro stated that he feels the citizens do not attend the town meetings because there is no credibility. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Greenwood, Clark, Jordan. Motion carried. 118359 - Hurley/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley stated he agrees with Councilperson Greenwood that fees are designed to cover the cost of services provided to users. Councilperson Hurley reminded the council the FY04 Budget will be $45,000 short if we don't increase the fees, and if we don't increase the revenue we will have to make up the difference somewhere else or we will have to add $45,000 to the $1.2 million dollars of lost revenues. Councilperson Hurley suggested that there have been discussions of raising fines, and maybe we could offset the proposed $5 per month increase using the revenue received from increased fines, so that we would only have to raise the monthly parking fees $3.50. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Kincaid, Jordan, Hurley, Getty. Motion failed. BILLS PAYMENT 118360 Jordan that "Resolution approving Schedule AP640, pp. 1-71, dated June 9, 2003, in the amount of $803,348.75, 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. 2003-401. Councilperson Getty stated he was disappointed that the council voted down the video store tonight. Councilperson Getty stated it bothers him we have a Family Video Store on the east side, but we don't need one on the west side. Councilperson Getty stated his granddaughter attends Emmanuel Lutheran Church, and the video store is located across the street from the church. Councilperson Getty stated that there were no petitions in opposition nor did anyone from Walnut Ridge Baptist Church say building across form Emmanuel Lutheran Church would be bad for that neighborhood. Councilperson Getty stated that most customers don't even know that the store has an adult area. Councilperson Getty stated he hopes someone from the prevailing side brings the rezoning request back to the council for reconsideration. NEW BUSINESS 118361 - Jordan/Kincaid that communication from General Manager of the Waterloo Water Works transmitting request to certify the amount of $1,288.00 for work performed by the Water Works at 315 Newell Street, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-402. June 9, 2003 Page 12 NEW BUSINESS CONTINUED 118362 - Jordan/Kincaid that communication from General Manager of the Waterloo Water Works transmitting request to certify the amount of $1,288.00 for work performed by the Water Works at 319 Newell Street, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-403. ADJOURNMENT 118363 - Getty/Clark that the Council adjourn at 7:24 p.m. Ayes: Seven. Motion carried. City Clerk • •