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HomeMy WebLinkAboutMinutes-06/16/2003• • June 16, 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 16, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Jim Quint, MIS Manager. Pledge of Allegiance: Cammie Scully, Cultural & Arts Director. ORAL PRESENTATIONS 118370 - Debbie Hottle, 812 Kingsley Avenue, spoke regarding the new building being planned for Kingsley School and whether to build on the present site or by Hoover and the boundaries being looked at for the schools. Ms. Hottle stated that this is not just a school issue but a city issue. Ms. Hottle reminded the council that the number one goal of the Council's Strategic Priorities and Goals is to expand and improve the city's tax base. Ms. Hottle stated she believes if Kingsley School is moved and the boundaries change, the city will lose tax money because people could move and even move out of the city. Once a school moves, it is hard to sell homes and families move out of the area. Ms. Hottle reminded the council that they have approved several issues focusing on single family homes and town houses in the southern part of Waterloo, which could increase the need for an elementary school in that area because of the growth. Ms. Hottle stated that we always need homes valued under $100,000, which a lot of the homes are in the Kingsley area. The council also has set the goal to continue to support housing programs and focus on infill and affordable housing, and urban sprawl is also an issue. The council's number 4 top strategic priority is implementation of the downtown and river revitalization plans, whose success lies heavily on the downtown, and how will that happen if we move the schools. Ms. Hottle asked council members to talk to School Board Members and speak out in support of keeping Kingsley School where it is at. Jordan/Welper that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 118371 - Hurley/Greenwood that the Agenda, as proposed, for the Regular Session on Monday, June 16, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 118372 - Hurley/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, June 9, 2003, at 5:30 p.m. and Special Session on Tuesday, June 10, 2003, at 4:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff introduced Rich Brown, Commander of USS Sullivan. CONSENT AGENDA 118373 - Getty/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Motion to approve the following: 1. Brooke Carter, Police Sergeant, and Cliff Caughron, Willie Keller, Jody Clark, Stacy Hogle, Jeffrey Harrington and Robert Greenlee, School Resource Officers, to attend Iowa DARE Association Training Conference in LeMars, Iowa, on July 13-15, 2003, with costs not to exceed $1,140.00, including use of city vehicle. 2. Jeffrey Duggan and Jason Feaker, Police Investigators, to travel to Kansas City/Topeka, Kansas, on follow-up investigation on May 14-16, 2003, with costs not to exceed $570.00, including use of city vehicle. b. Resolutions to approve the following: 1. Communication from City Engineer transmitting request of Mike Stevens for a waiver for an asphalt driveway to be located at 1227 Calhoun Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-405. June 16, 2003 Page 2 CONSENT AGENDA CONTINUED 2. Communication from City Engineer transmitting request of Daryl Courtney for a waiver for a concrete driveway to be located at 618 Jane Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-406. 3. Communication from City Clerk transmitting request of National Cattle Congress for a variance to the Noise Ordinance on June 20, 2003, from 7:00 p.m. to midnight in conjunction with an outdoor concert on the Outdoor Flat Track at the National Cattle Congress, and in case of rain, the concert to be moved to either Pullin -Simonsen Arena or McElroy, together with Police Chief's recommendation to allow to 11:00 p.m. Resolution adopted and upon approval by Mayor assigned No. 2003-407. 4. Communication from Police Chief transmitting request of Rolling Thunder, Inc. Iowa Chapter #1 to use Veterans Memorial Hall Soldiers and Sailors Park on September 19, 2003, at 6:30 p.m. in conjunction with Prisoner of War -Missing in Action Recognition Day to launch helium filled balloons and to barricade Cedar Street between West 4th and West 5th Streets. Resolution adopted and upon approval by Mayor assigned No. 2003-408. c. Beer License Permit Application Class C Kwik Star, 1636 West 4th Street (Renewal) (Expires 7/29/04) (Includes Sunday Sales) Kwik Star, 707 Broadway Street (Renewal) (Expires 7/21/04) (Includes Sunday Sales) Kwik Star, 1105 Cedar Bend Street (Renewal) (Expires 7/21/04) (Includes Sunday Sales) Kwik Star, 324 Fletcher Avenue (Renewal) (Expires 7/21/04) (Includes Sunday Sales) Kwik Star, 1214 Franklin Street (Renewal) (Expires 7/21/04) (Includes Sunday Sales) Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 6/13/04) (Includes Sunday Sales) Osco Drug Store, 2060 Crossroads Boulevard (Renewal) (Expires 7/24/04) (Includes Sunday Sales) New Start Mart, 3535 Marigold Drive (New) (Expires 6/20/04) (Includes Sunday Sales) d. Wine License Permit Application Class B Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 6/13/04) (Includes Sunday Sales) Osco Drug Store, 2060 Crossroads Boulevard (Renewal) (Expires 7/24/04) (Includes Sunday Sales) New Start Mart, 3535 Marigold Drive (New) (Expires 6/20/04) (Includes Sunday Sales) e. Liquor License Permit Application Class E Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 6/13/04) (Includes Sunday Sales) Hy -Vee Food, 1422 Flammang Drive (Renewal) (Expires 7/21/04) (Includes Sunday Sales) f. Beer/Liquor License Permit Application Class C Park Road Inn, 306 Park Road (Renewal) (Expires 6/30/04) (Includes Sunday Sales) Knights of Columbus, 1955 Locke Avenue (Renewal) (Expires 6/30/04) (Includes Sunday Sales) Half Pint Saloon, 1831 Independence Avenue (New Owner) (Expires 12/17/04) (Includes Sunday Sales) Uptown/Metro, 510-512 Mulberry Street (Premise Update) g. Cigarette Permit Application Walgreens, 111 W. Ridgeway Avenue h. Bonds. Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. • • s June 16, 2003 HEARINGS 118374 Hurley/Welper Page 3 that proof of publication of notice of public hearing on the request of Floyd and Mary Card to sell and convey property generally located just east of 120 West Wellington Street for $1.00 to construct a garage, as published in the Waterloo Courier on June 5, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118375 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 118376 - Welper/Jordan that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-409. 118377 - Jordan/Greenwood that proof of publication of notice of public hearing on the request of Joe Minard to rezone from "R-1" Residence District and "C-2" Commercial District to "R -1,R -P" Planned Residence District property generally located north of the University Avenue Hy -Vee and south of Acorn Lane for purpose of residential development, as published in the Waterloo Courier on June 2, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118378 - This being the time and place of public hearing, the Mayor called for written and oral objections. City Clerk Nancy Eckert reported a letter of objection has been received from the daughter of Burdine Bartling of 433 Woodcrest Drive. Mayor Rooff read the letter into the record. Jordan/Getty That the letter of objection be received and placed on file. Ayes: Seven. Motion carried. 118379 - Stan Bockes, 4002 Cadillac Drive, stated he feels that this plan will increase traffic and will not help the water problem. Mr. Bockes stated that water runs from Hy -Vee down to Progress. Mike Clark, 495 Progress, stated that regardless of what is decided, the water problem will still be there, and money needs to be spent and this problem needs to fixed. Mr. Clark stated that the runoff will be incredible. Mr. Clark stated that 100 percent of his neighborhood opposes this, and everyone he talked to on Progress and Acorn oppose this rezoning. Mr. Clark stated this will increase traffic and with the three streets an accident is going to happen. Mr. Clark asked the council to consider the quality of life issue for all the neighbors and urged the council not to allow this development. A resident on Woodcrest Drive stated the housing development does not affect him, but if this is put in the renters will be college students, The college students will share apartments with their friends which will increase traffic and affect the neighborhood. Don Shellenberger, 511 Cadillac Drive, stated they already have a problem with runoff and sewage. This has been called low-density, but this appears to be high density. Mr. Shellenberger stated he believes this will increase traffic, and with the school buses, this will create a dangerous situation. Mr. Shellenberger asked the council to look at this issue or at least improve and widen Acorn. Fred Debe, from Schenk Engineering, reported that this is not a rental complex, but single family homes on wooden lots. Mr. Debe stated they will do there best to minimize the storm water runoff. Mr. Debe stated they are building 20 single homes, and their intent is to save the woods and put in sidewalks. Mr. Debe stated there will be two detention basis, one on Acorn and one on Progress. Mr. Debe stated the setback will be from 90 to 100 feet from Acorn, with 224 foot total depth. The front of the homes will face Acorn, with access to the rear of the building. Mr. Debe stated he does not feel the third street will be a hazard. June 16, 2003 Page 4 HEARINGS CONTINUED Councilperson Greenwood asked if after five units are built and there are storm water problem not taken care of by the new inlets, will it be up to the developer to mediate this problem. Mr. Debe responded the system was updated a few years ago and properly rated for residential. Storm water systems are built to handle five year storms, and they will do their best to bring this up to the five year level. Morris Jessen, 503 Progress, stated the new entry will be five feet from the Hy -Vee entrance, which is across the street from two driveways. Mr. Jessen asked the size of the storm water detention. Mr. Debe responded the storm sewer between the two residential lots has 42" pipes. The resident at 457 Loma stated that at the Planning, Programming and Zoning Commission meeting it was said that there would be no appreciative loss of absorption space, which is not true. With the increased square footage of concrete, the runoff will increase. He stated this is a serious problem, and they feel some of that on Loma. Janet Clark, 495 Progress, asked why can't the access road be built on Acorn rather than Progress. Mr. Debe responded Acorn does enter onto Progress. The theory was to save the mature, oak trees as that is part of the beauty of the area. Elda Watson, 521 Progress, stated there will be two cars per unit, which will be a horrendous traffic problem. Don Temeyer, Community Planning and Development Director, reported that if the developer were to sell the lots, the next step would be to submit preliminary and final plats to be approved by the council. If there are no changes, the developer could put in duplexes without coming before the council as the land is currently zoned for residential and commercial use. Jordan/Hurley 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. 118380 - Jordan/Kincaid 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: Seven. Motion carried. 118381 - Jordan/Hurley that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118382 - Welper/Jordan 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 considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4617. 118383 - Jordan/Getty that proof of publication of notice of public hearing on amendments to Zoning Ordinance, Ordinance No. 2479, as amended, to allow two-family row dwellings in all residential districts in Part III, 2A-3 (37) , Part VII, 2A -11(A), and Part VIII, 2A -14(A), as published in the Waterloo Courier on June 2, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118384 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Welper 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. • • i a June 16, 2003 HEARINGS CONTINUED 118385 - Getty/Jordan Page 5 that "an Ordinance amending Zoning Ordinance, Ordinance No. 2479, as amended, to allow two-family row dwellings in all residential districts in Part III, 2A- 3(37), Part VII, 2A -11(A), and Part VIII, 2A -14(A)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 118386 - Welper/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118387 - Jordan/Getty that "an Ordinance amending Zoning Ordinance, Ordinance No. 2479, as amended, to allow two-family row dwellings in all residential districts in Part III, 2A- 3(37), Part VII, 2A -11(A), and Part VIII, 2A -14(A)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4618. PETITIONS FROM PUBLIC 118388 - Hurley/Greenwood that communication from City Planner transmitting request of Eye Co. LLC to vacate, sell and convey a portion of right-of-way generally located at the corner intersection of Melissa Lane and Sonya Drive, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 7, 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. 2003-410. 118389 - Hurley/Greenwood that communication from City Planner transmitting request of Mike and Patricia Fuller to vacate an 8'8" utility easement generally located at 1053 Belle Street for the purpose of adding an addition to existing garage be received, placed on file and "Resolution setting date of hearing as July 7, 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. 2003-411. 118390 - Hurley/Greenwood that communication from City Planner transmitting request of Fred Miehe on behalf of Eye Co. LLC for a "C-2" site plan amendment to allow for retail use property generally located just north of the Red Lobster on Hammond Avenue, together with recommendation of approval of the Planning, Programming and Zoning Commission be received, placed on file and "Resolution setting date of hearing as July 14, 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. 2003-412. 118391 - Hurley/Greenwood that communication from City Planner transmitting request of Joe Minard and Lois Reiger to rezone from "A-1" Agricultural District to "R-2" Residential District and from "A-1" Agricultural District to "R -3,R -P" property generally located just west of Cedar Knolls Trailer Park and north of the Westdale Addition for the purpose of constructing single and multi -family housing, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 14, 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. 2003-413. June 16, 2003 DOCUMENTS 118392 - Getty/Welper Page 6 that communication from City Planner transmitting Preliminary Plat of RS Addition, together with Engineering Department review and staff report, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-414. 118393 - Getty/Welper that communication from City Planner transmitting Preliminary Plat of Acorn Addition, together with Engineering Department review and staff report, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-415. 118394 - Welper/Jordan that communication from Community Planning & Development Director transmitting proposed development agreement with William C. Micou, Jr. to renovate and develop a lounge on property located at 225-229 East 4th Street in the Downtown Waterloo Urban Renewal and Redevelopment Plan, including tax rebates for five years at 100 percent, a minimum assessment of $80,000.00 until January 1, 2014, and increase the taxable value of the property by a minimum of 10 percent and increase the annual tax by a minimum of $500.00 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. 2003-416. 118395 - Getty/Welper that communication from Airport Director transmitting an agreement with Sabre, Inc. for consultant services to prepare an application for an Air Service grant be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-417. 118396 - Getty/Welper that communication from Airport Director transmitting Change Order No. 3 for a net increase in the amount of $7,938.00 for work to be performed by Burns & McDonnell in conjunction with renovations to Waterloo Regional Airport be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 118397 - Hurley/Jordan communication from Associate Planner transmitting request of Paul and Linda Wehrman for tax exemptions on improvements totaling $141,00.00 for property located at 1106 Fulton Street in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-418. 118398 - Hurley/Jordan that communication from Associate Planner transmitting request of Laine Davis for tax exemptions on improvements totaling $49,000.00 for property located at 1019 Gilbert Street in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-419. • • • June 16, 2003 • Page 7 DOCUMENTS CONTINUED 118399 - Hurley/Jordan that communication from Associate Planner transmitting request of Donna Roethler for tax exemptions on improvements totaling $4,752.00 for property located at 803 Baltimore Street in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-420. 118400 - Welper/Getty that communication from Superintendent of Waste Management Services transmitting Change Order No. 2 for a net increase in the amount of $137,371.97 for work to be performed by Municipal Pipe Tool in conjunction with Satellite Interceptor Corrosion Control Project, Contract No. 652, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 118401 - Jordan/Clark that "Resolution approving $1.25 of the $1.50 surcharge per round of golf be used for maintenance of golf courses", be adopted. Prior to a vote on the above motion, the following comments were heard. Michelle Weidner, Chief Financial Officer, reported that the $1.25 will be used in the golf budget to offset expenses. Don Hoth, 100 Woodlawn, stated the Leisure Services Commission developed a plan five years ago for the courses. We have irrigated all the golf courses, installed cart paths, put in new markers and bridges, and a lot of the money came from private donations, not just city funds. The five year plan was approved by the council that the city would continue to issue GO Bond and raise fees to be used for improvement to the golf courses. The surcharge per round of golf started at fifty cents with the idea a portion would be used for improvements to supplement the general fund. Mr. Hoth stated that golf pays for itself, and $120,000 went back into the general fund last year. Mr. Hoth stated the council is picking on the low hanging fruit, but they need to look at other areas. Mr. Hoth stated golf provides 140,000 rounds per year at the three courses, and we need to keep improving the courses. This is not for us, but we need to invest in the future for the kids and grand kids. The golf courses are a great asset for the city. Mr. Hoth asked the council to please reconsider and not rob from golf and use somewhere else. Mr. Hoth asked the council to continue to support golf. Paul Huting, Leisure Services Director, gave an update of when the surcharge was and wasn't used. We tried to set aside as much as we could and balance the budget. The current surcharge is $1.50 per round of golf. Mayor Rooff reported on the amount of bond money used from 1998 to 2002. Mayor Rooff stated that from 2003 to 2007, the city has proposed that $1,070,000 will be bonded for golf improvements. Mr. Hoth stated that the equipment purchased from John Deere was put under an operating lease, and to compensate a lot of money was transferred to pay for the capital lease. Mayor Rooff stated that the city is $1.2 million short, but we will not be cutting the bond money, and we will not short golf in the bonding program, and Leisure Services Commission can count on $1 million over the next five years. Councilperson Hurley stated it is tough to say that over five years, there will be $1 million bonded for the golf courses. The council is committed to this year's bonding program. Mayor Rooff stated that we want to bond $1 million over the next five years, but council members can change the capital improvement program. There is currently $400,000 in the golf fund right now. Tunis DenHartog, 1925 Westchester, stated that a lot of time was spent on the CIP, all predicated on the $1.50 surcharge, plus $200,000 GO Bonds. Mr. DenHartog stated he believes Leisure Services should have all the commitments made in the past. June 16, 2003 Page 8 RESOLUTIONS TO BE ADOPTED CONTINUED Michelle Weidner, Chief Financial Officer, stated the city is asking that the $1.25 fee already being paid be used for operation. It doesn't do any good to improve the courses if can't maintain them. Ms. Weidner stated there is planned in the next five years more than double $115,000 bonding per year. Bob Molinaro summarized his letter dated June 10, 2003. Mr. Molinaro stated that this year approximately $177,000 of golf revenue went into the general fund. Paul Huting, Leisure Services Director, responded that for FY02 a net of $65,926 and there is no data for FY03. Mr. Molinaro stated that every year golf has made money that has gone into the general fund. All revenues made from the sale of the equipment went into the general fund. Mr. Huting responded that the equipment was traded against the actual cost of the new equipment. Mr. Molinaro stated that starting in 1997 all fees collected for the pros was also to go into maintenance. Mr. Molinaro stated he asked Leisure Services to economize, but they didn't do anything but cut back on a couple of part time employees. Mr. Molinaro stated the covenant with the city says they will continue bonding. Mayor Rooff stated he has tried to honor the commitment by increasing bonding for the golf courses. Mr. Molinaro stated that in 1998 the fund was to increase to $2.00 surcharge per round of golf, and the Leisure Services Commission forgave fifty cents. Mr. Huting responded that plan was never approved. Mr. Molinaro asked why the city is looking at reducing Recreation & Arts and when is the city going to address the problem. Mr. Molinaro stated the city has the best golf in the state and didn't get there because of $115,000 bonding per year, but through others generosity. A resident stated that golf takes care of itself, and he read where the city wants to raise golf seasonal passes. He asked why raise something that takes care of itself. Mayor Rooff stated that the council has not addressed that issue, it was just a suggestion. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-421. 118402 - Getty/Kincaid that communication transmitting request from Fire Chief to accept $2.000.00 grant from Teen Trust to be used for the Senior Citizens Home Audit to supply senior citizens with carbon monoxide and smoke detectors be received, placed on file and "Resolution accepting said grant", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-422. 118403 - Greenwood/Hurley that "Resolution approving and authorizing loan agreement and issuance of $385,000 General Obligation Capital Loan Notes, Taxable Series 2003C, and levying a tax to pay said notes", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-423. 118404 - Greenwood/Getty that "Resolution appointing Wells Fargo Bank Iowa to serve as Paying Agent, Bond Registrar and Transfer Agent, and approving the Paying Agent and Bond Registrar and Transfer Agent Agreement for $870,000 General Obligation Bonds, Taxable Series 2003B", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-424. 118405 - Getty/Clark that "Resolution authorizing issuance of $870,000 General Obligation Bonds, Series 2003B, and levying a tax to pay said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-425. • June 16, 2003 RESOLUTIONS TO BE ADOPTED CONTINUED 118406 - Getty/Hurley • Page 9 that "Resolution appointing Wells Fargo Bank Iowa to serve as Paying Agent, Bond Registrar, Transfer Agent, and Trustee Agent and approving the Paying Agent and Bond Registrar, Transfer Agent Agreement and Funding Trust Agreement for $8,825,000 General Obligation Bonds, Series 2003A", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-426. 118407 - Jordan/Welper that Tax Exemption Certificate for $8,825,000 General Obligation Bonds, Series 2003A, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 118408 - Getty/Greenwood that Continuing Disclosure Certificate for $8,825,000 General Obligation Bonds, Series 2003A, be received, placed on file and approved. Ayes: Seven. Motion carried. 118409 - Hurley/Jordan that "Resolution authorizing issuance of $8,825,000 General Obligation Bonds, Series 2003A, and levying a tax to pay said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-427. 118410 - Jordan/Greenwood that "Resolution authorizing redemption of outstanding General Obligation Bonds, Series 1995, dated June 1, 1995, and directing notice of redemption be given", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-428. ORDINANCES TO BE ADOPTED 118411 - Hurley/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", (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), be received, placed on file, considered and passed for the second time. Prior to a vote on the above motion, the following comments were heard. Toriel Wise, 541 Albany, stated he is trying to raise pointers. His neighbors have signed a petition of support. Mr. Wise stated that he has been raising dogs for over three years, and someone reminded him he needed to be zoned properly, so he came to the council. Councilperson Jordan stated his concern is that the city is setting a precedent, and when Mr. Wise moves, the zoning stays with the property. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Jordan. Motion carried. 118412 - Clark/Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118413 - Clark/Greenwood 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 third time and adopted. Ayes: Six. Nays: Jordan. Ordinance adopted and upon approval by Mayor assigned No. 4619. June 16, 2003 Page 10 ORDINANCES TO BE ADOPTED CONTINUED 118414 - Hurley/Welper 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 second time. Ayes: Four. Nays: Greenwood, Clark, Jordan. Motion carried. 118415 - Getty/Hurley that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118416 - Getty/Hurley 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 considered and passed for the third time and adopted. Ayes: Four. Nays: Greenwood, Clark, Jordan. Ordinance adopted and upon approval by Mayor assigned No. 4620. 118417 - Hurley/Kincaid that request of Councilperson Buck Clark to reconsider 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 be received, placed on file and approved. Ayes: Seven. Motion carried. 118418 - Clark/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 342 to Section 2A-5, Rezoning Certain Property", (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), 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. Arnold Becker, 3376 Inverness Road, stated he attended the Planning, Programming and Zoning Commission and council work session meetings and regular council meeting last Monday. Walnut Ridge Baptist Church submitted a petition with over 400 signature opposing this rezoning, and they have jumped through all the hoops. A vote was taken and the issue was defeated, and he was surprised when at the end of the meeting Councilperson Getty expressed his displeasure at the outcome of the vote. Mr. Becker stated politics is not a dirty business, but an honorable business, but it depends on how duty or honorable we want to make it. Mr. Becker stated that regarding Councilperson Clark's statement in the paper regarding the council policing moral issues, the council polices a lot of things. Mr. Becker stated he is not in favor of separation of God and state. Mr. Becker stated if we are from a Christian faith and followers of Christ, he has taught us to stay away from evil. Mr. Becker stated we need to be concerned about pollution of the mind and requested the council deny this request. Bryan Ralston, 3339 West Ridge, stated he works at the Walnut Ridge Academy and works with youth. Mr. Ralston read a prepared statement opposing the rezoning. Mr. Ralston asked the council to adopt an ordinance so this type of material cannot be located by any school in our city. Mr. Ralston stated our teenagers and children deserve more than pornography thrust in their faces. Mark Tink, 860 Prospect, opposed this rezoning issue. Mr. Tink spoke about morals and ethics, and that he believes they should be part of the council's decision. Mr. Tink stated he has a problem with the process as he only received notification in the mail on Saturday that the council was going to reconsider this request. Mr. Tink stated it seems that citizens should have more than two days' notice. Mr. Tink stated that Dave Nall, Regional Manger of the Family Video Store, said they would not remove the adult movies because of a principal, but their store in Ottumwa does not have adult movies. Mr. Tink asked the council to think in the line of morals, ethics and standards. • • June 16, 2003 • • ORDINANCES TO BE ADOPTED CONTINUED Page 11 Dave Moore, representing the pastoral staff at Walnut Ridge Baptist Church, stated that the church moved to its present site because of limited parking at their old site. If the congregation had know about this video store, they would not have moved to this location. Mr. Moore stated Walnut Ridge Baptist Church has been at its present location 30 years and in this city for 100 years. Mr. Moore read a article from "Moral Marketing." Mr. Moore asked the council to do what is absolutely right just on the bases of accepted morality. Phil Goedken, 400 Baltimore, spoke in opposition to the rezoning request. Mr. Goedken stated that he believes the volume of traffic will increase, and Family Video has said that the traffic will increase at night, and the church has activities six nights per week. Mr. Goedken stated they would prefer adult in our community, and it does not have to be by Goedken stated it appears that property tax revenue is a material be unavailable schools. Mr. consideration. Family Video is committed to this area, and it seems the city will receive property tax, but just where. Mr. Goedken stated that he questions why this type of material needs to be located next their school and church. Mr. Goedken stated they are committed to raising their children to become productive, responsible citizens, and they feel they will be hindered by this store next to their church and school. Al Manning, 1020 Southill, stated that it has been implied that we should not object because of Immanuel Lutheran Church did not oppose Family Video located across the street from them. The council is forced into super majority based on the objections of the church because of moral reasons, so why can't the council make a decision based on morals. Mr. Manning asked how the city can allow the video store to locate in this location which can do more business than an adult video store. Mr. Manning stated he visited the Family Video Store located on Franklin Street and looked at unrated videos right on the floor, the movie on the screen was very loud and blasting out obscene language. Mr. Manning stated Family Video will play up economics, but we all know tax generated is a very small portion of the city's budget. Jerry Shatzer, 1829 West 7"' Street, stated that six citizens have made comments opposing this rezoning, and if this store were to be located on the east side the council would approve anyway. Mr. Shatzer stated when an ordinance was passed a while ago, the council said the minorities would be involved in jobs. Mr. Shatzer stated he believes we are going into a Japanese economy, which will cause material migration to the Midwest bringing more religion. Mrs. Collingsworth, 411 Ankeny, stated he is opposed to this rezoning. Mr. Collingsworth stated he doesn't think the people on Franklin were aware of what was being put in that location. Mr. Collingsworth stated the Ministerial Association and Eastside Ministerial Alliance found out too late to write a letter of objection. Mr. Collingsworth stated that sick people will be using this store. Mr. Collingsworth stated he went into the store on Franklin and the adult section is located by the restrooms, and it should be more exposed as kids can slip in there. Mr. Collingsworth asked the council to deny this request. Andy Schmidt, Pastor at Walnut Ridge Baptist Church, stated he believes in freedom of speech, but our founding fathers believed all people should be self- governing and not all speech should be encouraged. Pastor Schmidt stated the danger is very real, and he has talked with men addicted to pornography. Pastor Schmidt stated he worked with a 10 year old boy whose dad watches adult videos, and the boy had contact with another 10 year old. Pastor Schmidt stated the decision the council makes will affect young people. Russell Young, 4405 Nostalgia Lane, stated he understands over 600 residents have expressed that they do not want this store located within easy reach of their children. Citizens saved and purchased homes in this area. Mr. Young asked the council to give consideration this deserves. George Warren, 3638 Inverness, stated corporate citizen. Mr. Warren stated he not shocked by covers on the movies or council has a fiduciary responsibility to not need additional policemen, firemen, street lights or snow plowing, and it is good infill. Mr. Warren stated it is just terrible what we are doing to a corporate citizen thetas proven itself in hundred of communities. Dean Welch, 415 End 2nd Street and Chairman of Gateway Neighborhood Association, stated some things that have been said about his neighborhood bothered him. It has been said that police are there every day, and Chief Jennings has said there have been no calls to the Family Video Store. Mr. Welch stated that traffic does not seem to be any different, and Family Video eliminated an eyesore. Mr. Welch stated it is a matter of the First Amendment and freedom of speech as long as the store is within the city code. the Family Video Store is a good also visited the other store and was loud music. Mr. Warren stated the create revenue, and this project does June 16, 2003 ORDINANCES TO BE ADOPTED CONTINUED Page 12 Dave Nall, Regional Manager of Family Video Store, stated he has been listening to a lot of manipulative, false statements, and no evidence of police action. Mr. Nall sated he understands the feelings of those who painted him and his company as a black hoe, but it is unfair. This hearing taking place right now is the biggest promoter of adult videos. Mr. Nall asked the council to look at the ordinance, which is the law for this community, and allow Family Video to be a good business. Police Chief Tom Jennings reported that he checked on the calls of service to 428 East 4th Street from January to tonight. There were ten calls; three were traffic related, a couple unfounded and several business checks. Councilperson Jordan stated that the council was led to believe that Family Video would not open a store without be allowed to have adult videos, and now we hear there is one a few miles away that does not carry adult videos. Mr. Nall responded that he did not mislead the council when asked if they would open a store without adult videos and he said no. Mr. Nall stated he was not aware the Ottumwa store did not have adult films. Councilperson Jordan asked if Family Video would build a store here without an adult section. Mr. Nall responded no, that Ottumwa had a city ordinance that restricted adult movies. Mr. Nall stated Family Video could open a video store on the existing property without a zoning change, but it makes sense to maximize all sides. Mr. Nall stated they would like to open the store as presented. Councilperson Clark applauded Family Video Store's stance. Councilperson Clark stated it is not really a revenue issue, more a First Amendment issue. Councilperson Clark stated that it is ironic that last Monday night the council celebrated the Army's 200 birthday, we had the commander of the USS Five Sullivan here tonight, and there are men dying in Iraq for us to preserve our own rights. We have the right to build and the right to object, but it is not our right to censor what we say or censor Family Video. Councilperson Clark stated if we say no to this request, that is exactly what we are doing rather than looking at this totally, legal conforming business that meets all our codes. Councilperson Getty presented a letter from Aaron Woelber, 3953 Sager Avenue, in favor of the rezoning request. Getty/Welper that the letter in support of the rezoning be received and placed on file. Ayes: Seven. Motion carried. 118419 - Councilperson Greenwood stated that this property has been zoned commercial for years. Family Video Store is asking for the rezoning change because they would like a curb cut on Ridgeway Avenue. Councilperson Greenwood stated he believes the developer has a right to develop this land, and this is great commercial infill. Councilperson Greenwood stated that the store would generate about $20,000 in property taxes per year, and that is not a drop in the bucket, it is half a staff person. Jim Walsh, City Attorney, stated that we can't look at content of material when the issue is free speech. Mr. Walsh stated the council can regulate traffic, but when we talk about content we will not legally win this matter. Councilperson Jordan his concern is the school, and he cannot support something with adult videos across the street from a school. Councilperson Jordan stated he does not understand why Family Video is so stuck on adult videos. Mr. Nall stated he is hearing that people are concerned that someone under 18 years of age will view X-rated materials, but there are procedures in place to prevent that. You have to be 18, have a telephone and provide a driver's license or picture identification, and children cannot be a member. On the account screen, Family Video prevents people from using other people's codes and prevents the young from renting R rated movies. Children cannot rent certain games, the restrooms remain locked because it is a security issue. When an unattended child is in the store, they are monitored by waiting to let them in and let them out. Mr. Nall stated Family Video rents a lot of movies, the shelf. Family Video welcome them and let them that 95 percent of people asked the council not to it is pretty unfair to do Mr. Nall stated without at this location because to get in and out of the and every single one of them have to be put back on staff greets everyone entering into the store just to know we know they are in the store. Mr. Nall stated who work there don't even know its there. Mr. Nall base their vote on fear. Mr. Nall stated he believes business in Waterloo when your obeying the law. approval of this request, Family Video will not build their motto is to buy for convenience and the ability store. • June 16, 2003 • • ORDINANCES TO BE ADOPTED CONTINUED Page 13 Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Jordan, Hurley. Motion failed. BILLS PAYMENT 118420 - Jordan that "Resolution approving Schedule AP640, pp. 1-90, dated June 16, 2003, in the amount of $1,613,074.76, 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. 2003-429. ADJOURNMENT 118421 - Greenwood/Hurley that the Council adjourn at 8:17 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk