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HomeMy WebLinkAboutMinutes-06/18/2007ti • June 18, 2007 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 18, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Schmitt. Absent: Cole. Moment of Silence. Pledge of Allegiance: 125346 - Schmitt/Kincaid Councilperson Harold Getty. that the Agenda, as amended, for the Regular Session on Monday, June 18, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 125347 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, June 11, 2007, and Special Session on Wednesday, June 6, 2007, at 4:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. Mayor Hurley read a Proclamation declaring June as Homeownership Month. Mayor Hurley and Chief Tom Jennings presented a Certificate of Appreciation to Dr. and Mrs. William Gronen. CONSENT AGENDA 125348 - Schmitt/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-79, dated June 18, 2007, in the amount of $1,474,095.85, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2007-481. 2. Communication from Police Chief transmitting request of Main Street Waterloo to hold BBQ'LOO & BLUES, TOO in Lincoln Park on July 20-21, 2007, including closing 4th Street from Franklin to Mulberry Streets; Mulberry Street from 4th Street to Park Avenue (Lincoln Park side - parking lane only); and Park Avenue from Franklin to Mulberry Streets. Resolution adopted and upon approval by Mayor assigned No. 2007-482. 3. Communication from Police Chief transmitting request of Savannah Jones to hold an organized hour of prayer on June 23, 2007 on the sidewalk of the 4th Street Bridge from 8:00 a.m. - 9:00 a.m.. Resolution adopted and upon. approval by Mayor assigned No. 2007-483. b. Liquor License Permit Application Class A Fraternal Order of Eagles, 202 East let Street (Renewal) (Expires 6/30/08) (Includes Sunday Sales) June 18, 2007 Consent Agenda continued Page 2 c. Beer/Liquor License Permit Application Class C Light House Lounge, 1307 West 5th Street (Renewal) (Expires 6/28/08) Las Margaritas, 2822 University Avenue (Renewal) (Expires 6/30/08) (Includes Sunday Sales) Park Road Inn, 306 Park Road (Renewal) (Expires 6/30/08) (Includes Sunday Sales) Club 700, 1955 Locke Road (Renewal) (Expires 6/30/08) (Includes Sunday Sales) Chaser's Pub, 3005 University Avenue (Renewal) (Expires 7/7/08) (Includes Sunday Sales) Maple Lanes Bowling Center, 2608 University Avenue (Renewal) (Expires 7/9/08) (Includes Sunday Sales) Benevolent & Protective Order of Elks, 407 East Park Avenue (Renewal) (Expires 6/30/08) (Includes Sunday Sales) d. Outdoor Service Area Application Hy -Vee, 2181 Logan Avenue July 6-8, 2007 Fraternal Order of Eagles, 202 East tat Street June 20-30, 2007 e. Cigarette/Tobacco License Permit Application Diamond Bar, 313 West 5th Street Sam's Club, 210 East Tower Park Wal-Mart Store, 1334 Flammang Drive Kwik Stop, 1761 Independence Avenue Cafe Bar Fontana, 801 Commercial Street f. Recycling Yard License Applications for Approval Airline Auto Plaza, 1346 W. Airline A -Line Iron and Metal, 808 Dearborn A -Line Iron and Metal 1500 David Alter Trading, 1500 W. Airline Alter Trading, 1491 David Midwest Auto Parts, 275 Rampart New Deal Auto Salvage, 612 Power Northside Auto, 821 Dearborn Pierce Used Cars, 1500 Commercial Quail's Auto Salvage, 202 Glendale R's Recycling, 110 Court Avenue Waterloo Auto Parts, 1501 Grandview Weekley's Recycling, 105 Dunham Place Wilber Auto Body, 2220 Easton g• Recycling Yard License Applications for No Action Chase Auto Parts, 1041 Sheffield Chase Auto Parts, 1117 Sheffield Jones Metals, 2452 Burton Kevin's Car and Truck, 953 Fulton Litzkow Auto Parts, 1720 Black Hawk Pat's Auto Salvage, 924 Lowell Pat's Auto Salvage, 945 Lowell Pat's Auto Salvage, 1000 Lowell Plum's R&B, 2630 W.C.F.& N. Drive Tournier Recycling, 900 Fulton Vic Fuller Salvage 2113 E. Mitchell h. Bonds. Ayes: Six. Absent: Cole. Motion carried. HEARINGS 125349 - Gunderson/Welper that proof of publication of notice of public hearing on development agreement with Crystal Distribution Services, Inc. to sell and convey for $46,650.00 property generally located in the former Rath area, including former bar building, along with portions of the former railroad land and a vacant lot and to convey to the City of Waterloo four lots generally located along Sycamore Street across the alley from Veridian Credit Union, as published in the Waterloo Courier on June 8, 2007, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. • 1 4 • • June 18, 2007 Page 3 Hearings continued 125350 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Welper that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 125351 - Gunderson/Welper that "Resolution approving said development agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-484. 125352 - Gunderson/Welper that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-485. 125353 - Gunderson/Welper that "Resolution accepting said lots", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-486. 125354 - Greenwood/Schmitt that proof of publication of notice of public hearing on proposed reallocation of not to exceed $100,000.00 of interest earnings on unspent proceeds of the General Obligation Bonds, Series 2003A to pay costs of acquisition and installation of building inspection software applications and related computer equipment upgrades, as published in the Waterloo Courier on June 7, 2007, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 125355 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 125356 - Greenwood/Schmitt that "Resolution instituting proceedings to take additional action and approving reallocation of said bonds", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-487. PETITIONS FROM PUBLIC 125357 - Getty/Greenwood that communication from Senior Planner transmitting request of Invision Architecture on behalf of Cedar Valley Medical Specialist for a site plan amendment to the "R -4,C -Z" Conditional Zoning District for property generally located east of 1661 West Ridgeway Avenue, just west of West 4th Street, to allow for development of Oncology Clinic, including a 17,678 sq. ft. building and 81 stall parking lot, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 9, 2007, 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-488. June 18, 2007 Petitions from Public continued Page 4 125358 - Getty/Greenwood that communication from Senior Planner transmitting request of Milton Hambly Jr. for a determination of similar use to allow a professional cleaning service in a "R-4" Multiple Residence District at 236 Leland Avenue located at the northeast corner of the intersection of Leland Avenue and Sunnyside Avenue, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-489. REPORTS 125359 - Schmitt/Gunderson that communication from Community Planning & Development Director transmitting Fiscal Year 2008-2012 Capital Improvements Program, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. DOCUMENTS 125360 - Schmitt/Gunderson that communication from Director of Cultural & Arts Commission transmitting Change Order No. 1 for a net increase of $3,175.00 for work to be performed by Sullivan Construction of Cedar Falls, Iowa in conjunction with Youth Pavilion Interactive Staircase, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Motion carried. 125361 - Schmitt/Gunderson that communication from Senior Planner transmitting request of Adem Duric for tax exemptions on improvements totaling $25,000.00 for 910 Leavitt Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-490. 125362 - Schmitt/Gunderson that communication tax exemptions on located in the recommendation of from Senior Planner transmitting request of Ronald Dagitz for improvements totaling $16,270.00 for 1651 Longfellow Avenue Consolidated Urban Revitalization Area, together with approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-491. 125363 - Kincaid/Welper that communication from Police Chief transmitting request to make electronic application through Cedar Valley's Promise for grant funds to be used for the enforcement of underage drinking laws, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-492. 125364 Kincaid/Welper that communication from City Clerk transmitting two-year agreement with City & National of Waterloo, Iowa to provide parking cashier services at the West 5th Street/Convention Center ramp, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-493. • • • • • June 18, 2007 Page 5 Documents continued 125365 - Kincaid/Welper that communication from City Clerk transmitting two-year agreement with Per Mar Security of Waterloo, Iowa to provide security services in city ramps, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-494. 125366 Kincaid/Welper that communication from City Clerk transmitting renewal of general and auto liability, law enforcement, public officials errors and omissions, and umbrella insurance with St. Paul Travelers Insurance for a premium of $556,019.00 and renewal of property insurance with Chubb for a premium of $157,104 for a total premium of $713,123.00, together with recommendation of approval of Insurance Committee, be received, placed on file and "Resolution approving said insurance policies", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Schmitt pointed out that our city property value has gone up $14 million in the past year, and the insurance premium that we are talking about is actually $33,000.00 less than last year. We are spending a portion of our savings to increase our total umbrella coverage from $5 million to $10 million. Councilperson Schmitt stated he thinks this is a very good premium price. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-495. 125367 - Welper/Schmitt that communication from City Clerk transmitting one-year renewal agreement for Third Party Administration work comp insurance with Alternative Service Concepts at a cost of $13,125.00 to provide administrative and claims services for self- funded work comp insurance and Safety National Casualty at a cost of 79,269.00 to provide stop loss insurance, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Nancy Eckert, City Clerk, explained that last year at this time the council and mayor decided that we would become self-funded with our work comp program and it would include all of our employees. We formerly paid a fully insured premium with the IMWCA, and the last premium we paid in 2006 was $380,000.00, and that insurance did not include some of the employees, our public safety. Ms. Eckert stated we think we had a great first year with the self-funded program. The employees did a good job. We didn't have too many claims, and the ones we had were low. In the first year of the self-funded program, we probably saved 65 - 70 percent for the taxpayers because we didn't have that premium, and because of the low claims by our employees, so we had a great first year. In answer to a question from Councilperson Greenwood, Ms. Eckert explained that we have a stop loss of $350,000 per claim up to a maximum of four claims at that stop loss per year, so that would mean the maximum the city would pay in any given year would be $1.4 million and that includes all our employees including police and fire employees. Mayor Hurley commented that the discernment that the insurance committee did along with PDCM, Ms. Eckert and the council talked about a lot during budget deliberations, it was the right thing to do. The very right thing to do and saving taxpayers money. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-496. June 18, 2007 Documents continued Page 6 125368 - Welper/Schmitt that communication from Leisure Services Director transmitting Completion of Project and Recommendation of Acceptance of Work performed by D & N Fence Co., Inc. of Cedar Rapids, Iowa at a total cost of $41,235.00 in conjunction with 2007 Riverfront Stadium Fencing Project, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-497. 125369 - Welper/Schmitt that communication from Leisure Services Director transmitting Golf Course Rental Contract with Waterloo Jaycees for rental of city golf courses on July 18-22, 2007 for a fee of $3,000.00, be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-498. 125370 - Welper/Schmitt that communication from City Planner transmitting application for financial assistance with the Iowa Department of Economic Development through the State's Community Economic Betterment Account (CEBA) program, and the Enterprise Zone Program for Healthcare Quality Association on Accreditation for $3.9 million business startup that will include equipment and computer costs, job training as well as over $1.3 million in building remodeling for the former Walker Shoes site, 112-116 East 4th Street, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-499. 125371 - Welper/Schmitt that communication from Police Chief transmitting application with U.S. Department of Justice, Office of Community Oriented Policing Services for COPS 2007 Technology Program grant to be used by the E911 Communications Board to initiate a project aimed at facilitating the sharing of information, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-500. 125372 - Gunderson/Welper that communication from Senior Planner transmitting Final Plat of Techworks Addition, together with Staff Report, Aerial Photo, Final Plat and Report of City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-501. 125373 - Gunderson/Welper that communication from City Engineer transmitting Supplemental Engineering Agreement No. 2 with Wayne Claassen Engineering & Surveying, Inc. at a cost of $32,000.00 in conjunction with F.Y. 2008 Commercial Street Extension, River Road Relocation, and Storm Water Pump Station, Contract No. 720, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-502. 125374 - Gunderson/Welper that communication from Associate Engineer transmitting Notice of Discontinuation of a storm water discharge general permit 2 in conjunction with the F.Y. 2005 Winn Street Extension, Contract No. 692, be received, placed on file and "Resolution approving said notice", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-503. • • • • • June 18, 2007 Page 7 Documents continued 125375 Gunderson/Welper that communication from Associate Engineer transmitting Section 130 Project Request form with the Iowa Department of Transportation for installation of warning signals/lights with gates at the Foulk Road crossing, with estimated cost of $103,000.00, with 5 percent city match and 5 percent railroad match, be received, placed on file and "Resolution approving said form", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-504. 125376 - Gunderson/Welper that communication from Police Chief transmitting Memorandum of Understanding with the City of Cedar Falls and Black Hawk County for distribution of FY2007 Justice Assistance Grant (JAG) in the amount of $87,833.00 to be used for funding the Tri -County Drug Task Force, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-505. RESOLUTIONS TO BE ADOPTED 125377 - Greenwood/Welper that "Resolution authorizing certification to property taxes certain unpaid garbage and sewer fees", be adopted and City Clerk instructed to notify the Black Hawk County Treasurer of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-506. 125378 - Greenwood/Welper that "Resolution approving and accepting Quit Claim Deed from Nicholas B. White and Nancy K. White for property located at 425 Logan Avenue", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-507. 125379 - Greenwood/Welper that communication from City Planner transmitting request to name private street generally described as being east of Trent Lane and north of Westchester Road as Whistling Straits Lane, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-508. 125380 - Greenwood/Welper that communication from City Planner transmitting temporary construction easements with Waterloo Schools, Sylva Feuerhelm, Walt Tournier, Donald E. Miller, Sharon K. Spears, Louise Polk, Julie Anne Reuter, John Rooney Trust and Joseph Sulentic in conjunction with Donald Street Trail, which will connect the Logan Plaza area to the Brinker Lake Trail, be received, placed on file and "Resolution approving said easements and agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson asked for the timeline to get this section of bike trail connected to the rest of the trail system. June 18, 2007 Resolutions to be Adopted continued Eric Thorson, City Engineer, responded we are continuing to obtain the easements that are needed for this project. We have several more to get and right now it looks like, based on the time it is taking and especially the railroad easement that is taking more time, we are probably going to have a November letting. This is one that goes through the DOT process, and the city has to certify that we have all the easements before they place it on the letting schedule. Page 8 Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-509. 125381 - Greenwood/Welper that "Resolution appointing Wells Fargo Bank, National Association of Des paying agent, bond registrar and transfer agent and and bond registrar and transfer agent agreement in of $19,620,000.00 General Obligation Bonds, Series Six. Absent: Cole. Moines, Iowa, to serve as approving the paying agent conjunction with issuance 2007A", be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2007-510. 125382 - Greenwood/Welper that "Resolution authorizing redemption of outstanding General Obligation Bonds, Series 1998A, dated June 1, 1998 and General Obligation Bonds, Series 1999A, dated June 1, 1999 and directing notice of said redemption", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that all of us here understand all of these resolutions, and it seems like there are so many pieces of business but one that hit him because we talked about our efforts to save taxpayers' money a couple times tonight. That also is the case when we redeem certain bonds, and because there is a better interest rate we save taxpayers' interest money and it is significant. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-511. 125383 - Schmitt/Gunderson that Tax Exemption Certificate in conjunction with issuance of $19,620,000.00 General Obligation Bonds, Series 2007A, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 125384 - Schmitt/Gunderson that Continuing Disclosure Certificate in conjunction with issuance of $19,620,000.00 General Obligation Bonds, Series 2007A, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Motion carried. 125385 - Schmitt/Gunderson that Refunding Trust Agreement in conjunction with issuance of $19,620,000.00 General Obligation Bonds, Series 2007A, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Motion carried. 125386 - Schmitt/Gunderson that "Resolution authorizing and providing for the issuance of $19,620,000.00 General Obligation Bonds, Series 2007A and levying tax to pay for said bonds", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-512. • • • • June 18, 2007 Resolutions to be Adopted continued 125387 - Getty/Greenwood Page 9 that "Resolution appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar and transfer agent and approving the paying agent and bond registrar and transfer agent agreement in conjunction with issuance of $3,675,000.00 General Obligation Refunding Bonds, Series 2007B", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-513. 125388 - Getty/Greenwood that "Resolution authorizing redemption of outstanding General Obligation Bonds, Series 2000, dated June 1, 2000 and directing notice of said redemption", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-514. 125389 - Kincaid/Schmitt that Tax Exemption Certificate in conjunction with issuance of $3,675,000.00 General Obligation Refunding Bonds, Series 2007B, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 125390 Kincaid/Schmitt that Continuing Disclosure Certificate in conjunction with issuance of $3,675,000.00 General Obligation Refunding Bonds, Series 2007B, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Motion carried. 125391 - Kincaid/Schmitt that Refunding Trust Agreement in conjunction with issuance of $3,675,000.00 General Obligation Refunding Bonds, Series 2007B, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Motion carried. 125392 - Kincaid/Schmitt that "Resolution authorizing and providing for the issuance of $3,675,000.00 General Obligation Refunding Bonds, Series 2007B and levying tax to pay said bonds", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-515. 125393 Welper/Kincaid that "Resolution appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar and transfer agent and approving the paying agent and bond registrar and transfer agent agreement in conjunction with issuance of $1,090,000.00 General Obligation Bonds, Taxable Series 2007C", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-516. 125394 Welper/Kincaid that Continuing Disclosure Certificate in conjunction with issuance of $1,090,000.00 General Obligation Bonds, Taxable Series 2007C, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Motion carried. 125395 - Welper/Kincaid that "Resolution authorizing and providing for the General Obligation Bonds, Taxable Series 2007C and bonds", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned issuance of $1,090,000.00 levying tax to pay said No. 2007-517. June 18, 2007 Resolutions to be Adopted continued 125396 - Gunderson/Kincaid Page 10 that "Resolution approving and authorizing a form of loan agreement and authorizing and providing for issuance of $220,000 00 General Obligation Capital Loan Notes, Taxable Series 2007D, and levying a tax to pay said notes", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-518. 125397 Gunderson/Kincaid that "Resolution setting date of hearing as July 16, 2007 at 5:30 p.m. in the City Hall Council Chambers on plans, specifications, form of contract and estimate of cost for the F.Y. 2007 U.S. 63/Westfield Avenue Connection, Contract No. 730", be received, placed on file and adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-519. 125398 - Gunderson/Kincaid that "Resolution canceling the July 2, 2007 council meeting due to the 4th of July Holiday", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-520. NEW BUSINESS 125399 - Gunderson/Kincaid that communication from Superintendent of Streets transmitting recommendation of award of contract to North American Salt at a cost of $49.46 per ton for FY08 Snow and Ice Control, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-521. 125400 - Gunderson/Kincaid that communication from Superintendent of Streets transmitting recommendation of award of contract in the amount of $154,180.00 to Flint Hills Resources, LP and in the amount of $24,775.00 to Bituminous Materials & Supply, LP for asphalt emulsion products to be used for this year's Oiling/Seal Coating and Crack Sealing Program, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-522. ORAL PRESENTATIONS 125401 - Mayor Hurley read a letter he received this afternoon from the Iowa DOT regarding the US 20/IA 21 interchange. We know there are no stop signs up there now to control traffic. The letter says beginning Tuesday, June 19, 2007 newly placed signals on Iowa 21 at the interchange with US 20 will be activated and function in the flashing red mode in all directions for a period of seven days. Existing all way stop signs will remain in place during this time period. After this time period the signal will function as intended and stop signs will be removed. Mayor Hurley commented this is just a heads up for those who are traveling out that way. You will see something new and different tomorrow, and that intersection will be fully signalized in a week. LaTanya Graves, 607 East Donald Street, reported on the Juneteenth Celebration starting on Tuesday, June 19, 2007. It will start off with a Multicultural Business Expo at the Five Sullivan Brothers Center from 5:30 p.m. to 7:00 p.m. On Wednesday, they are going to have a peace march and its going to start from Gates Park, Lincoln Park and Ferguson Field, and they will march to Sullivan Park. This is sponsored by the Martin Luther King Center of Hawkeye Community College and the NAACP. On Thursday, June 21, 2007, they will be in Lincoln Park for Harmony Day by the City of Waterloo, the Waterloo Commission on Human Rights, Tyson Fresh Meats and the Juneteenth Committee. On Friday night, they will have Youth Gospel Night Out. The organizers are Shout Productions and Faith Temple Baptist Church. • • • • June 18, 2007 Oral Presentations continued Page 11 They are going to have a drumline expedition, gospel music, slam poetry and a Hoopin' for Jesus basketball tournament beginning at 5:30 p.m. On Saturday, they will climax the Juneteenth celebration at the Martin Luther King Center of Hawkeye Community College. It will start at 12:00 noon, with a barbeque cook - off, karaoke, drill teams, health screenings sponsored by the NAACP. They will leave the center and go down to Sullivan Park for the competition of Hoopin' for Jesus, and then it will end with Blues Night which will take place at 7:00 p.m. in the museum lot at East 4th and Adams Street. Sharon Goodson, 535 Nicholas Street and President of Black Hawk County NAACP, spoke about the complaints that the NAACP is receiving about police brutality. Ms. Goodson reported she wrote a letter to Chief Jennings and also sent lately the last bunch of eight complaints. These people are complaining of being roughed up by the Waterloo police, and there are witnesses to some of these complaints. Ms. Goodson stated they are just concerned about the allegations. Ms. Goodson explained that the NAACP established a citizens review board, a review committee, and they would like to work with the Chief and the council and see if we can get some kind of agreement where they can review some of the videos of the allegations or something so that they can see what is going on for themselves. That way maybe they can dispel the complaints or maybe something else could be happening with them. The letters that come back to the individuals that file a complaint most of the time are unfounded. All of the complaints are investigated internally through the police department, and we need to do something. She knows we had study circles, but we need to do something else to combat these problems with these complaints. Ms. Goodson said Mayor Hurley would be hearing from her so meeting date could be set up. Charles Myles, of Unity Neighborhood Association, stated that this police force, what you call policeman and hiring them from out of state or little towns and everything else, we don't need them on the force if they have to get out and arrest people that haven't done anything. They arrest them, handcuff them, then take them. What kind of police force is this, just to get back at the people that they don't like, and they know exactly who is doing all of this and also they know the kids. First it starts out with two kids, then a gang that walks around carrying guns. The policemen know who it is, but still they act like they are scared of the kids. They arrest some innocent people and have enough nerve to handcuff them and then take them, and make a whole bunch of a mess. What kind of city is this. This has been going on too long, forty years ago it was the same thing. In Sixty-five it was the same thing, it hasn't changed, and it's time for Waterloo to change. As long as you wrong by them, there isn't anything going to work for you, nothing because God sees everything that your doing and your not right. Sitting up here with your suits and everything on don't mean nothing. We are human beings just like the rest of your. If you have something like that did to you what would you do. You ought to think about who you hiring and try to train these people right cause your not right with them. Tambra Burt stated she is one of those people who has been wrongly accused. She has been witnessing ongoing brutality for a number of years, but the brutality has increased within the last four months. Ms. Burt explained she jumps in her car, and takes off running down her street following and watching the things that go on and her biggest concern is the children. There are 14, 15 and 16 year olds who are being abused mentally and physically and from the mouths of adults. She has watched children get slammed against cars, hers included. Her three children have been in a lot of brutal situations, three or four incidents within the last three weeks. She has watched children in the area of Courtland, Elm, and Independence Avenue get beaten, tasered and stomped. It discusses her and the adults standing around trying to stop the brutality or saying don't do that these are minors. Ms. Burt commented they get the name calling. They all know that they are African-Americans. They all know that they are niggers, so they tell them when they are arresting their children or telling them to get back out of the way. They say move you niggers, and they are already aware of who they are so they don't need to be dehumanized anymore. The children don't need to be dehumanized. Ms. Burt stated she doesn't want another T -Bone Taylor incident to happen in the community. It won't be adults doing it. These children are angry, and she is trying to be an advocate for these children. Ms. Burt stated the mayor and council will be hearing and seeing more of her on the streets, and in City Hall. Ms. Burt asked on Ms. Goodson's behalf if they can view or get some type of answers to these allegations. Ms. Burt stated she was arrested for disorderly conduct, called two days later and told that she was arrested for assault when she hadn't put her hands or done anything to the Waterloo Police Department. June 18, 2007 Page 12 Oral Presentations continued Ms. Burt stated she is not the only one who has gone through these incidents and she would just like something to be done. Someone to look at this deeper instead of just saying okay we'll look into it and just to hush her up. Pastor Helen Seenster requested a working committee with the city council on these affairs within the next week because she hears a lot of the complaints as a pastor from across the line, and she think its time that we have a working committee and come up with some solutions. Barbara Saffold explained she runs a business called The Loop, and she is here to voice her concerns about her business because her business has really been put aside. Ms. Saffold stated she thinks there is favoritism with the cab service because she came before, and they said she could not service people in the community unless they give her a 24 hour notice. She has complied with that, but now she sees that the cab service has been doing opposite of that. They are not required to have insurance on the vehicles that they have on the streets, and they are charging people outrages prices. They don't have any meters in these cars. They are allowed to operate as a taxi service, but they are not required to have the meters, the taxi insurance and all that equipment on their cars. Ms. Saffold stated she spoke with Nancy several weeks ago about this, and she said that was a different type of business but she doesn't see how that is a different type of business because they are doing the same thing as she is doing. They are just not required to do the 24 hour notice. They are dispatching cars, plain marked cars that are marked party vans, shuttles or whatever you want to call them, but they are still doing the same thing that she is doing and they are not required to have a taxi license and they have three or four people in the cars and they charge each of these people three different fares. Ms. Saffold stated she believes they are calling the fares in and telling what to charge each of these individuals, and you can't do that. How can you charge three people going to three different places three different prices, it is not possible, and that's what's happening. The city, the public and she is aware of it, and she just feel like its not being fair to her because the city shuts down her business, but then still allows the taxi service to do what the city said she couldn't do. Ms. Saffold stated she feels she is not able to service her clients, and she serves a lot of clients. Several people who worked for her said that they couldn't work for her because of criminal backgrounds. Ms. Saffold stated the taxi service is servicing the same people that the city said she couldn't service. Alvin Wright, 720 Sumner Street, voiced his concerns about the complaints made against the Waterloo Police Department. As far as them tasing people, he is not advocating lawlessness cause we need the police officers. They need to serve and protect, and we definitely need law enforcement but there is a way to do it. There is a way to control people who are maybe disorderly. Mr. Wright asked if there is a taser ordinance. Mr. Wright stated he has done research, and there have been over 250 deaths just from people being tased by police departments around the country. Mayor Hurley responded we have a taser protocol, a standard protocol within the operations rules within the police department. Mr. Wright asked if once the person is handcuffed do they still continue to taser them. He is asking about a taser ordinance to make sure that people are treated humanly, not cruelly. The whole thing is you need to respect people even though they may have broken the law or whatever they may be being arrested for, you still need to treat them with respect because they are still humans. Mayor Hurley suggested that Mr. Wright wait until after oral presentations and present his questions to Chief Jennings. Mr. Wright stated the complaints he has read from the citizens who have been arrested is that it seems to be an ongoing problem. He would like something done, something in writing because he would hate to see the city sued for something like that. Its just out of decency to make sure that people are being treated fair. Delores Commack, 310 Mobile Street, said there are three sides to every story, and that is yours, mine and the right side. She believes the complaints should be investigated thoroughly, not by internal affairs but an outside source that has no interest in either side. Ms. Commack stated the Afro-Americans are not animals and they deserve the same treatment when being arrested, justifiable as any other human being. They do not need to be tased, beaten or cursed out. • • June 18, 2007 Oral Presentations continued Page 13 Michael Blackwell, Reverend Doctor Michael Blackwell, P.O. Box 804, Cedar Falls, said he was here in behalf of the executive committee of the NAACP, and he is also chair of the Iowa Commission on the Status of African-Americans, chair of the African-American Leadership Coalition of the Cedar Valley and chair of New City Ministries Board of United Methodist Church. Dr. Blackwell reported there have been a number of complaints, dozens of complaints, just in the past year from citizens of Waterloo about the behavior of the Waterloo Police Department. These complaints allege various degrees of police misconduct and they are talking about verbal abuse, about just being inconsiderate, being demeaning, and dehumanizing of people. Part of the problem is when you stop an individual for something that you are not necessarily investigating or wanting to investigate that individual, but because that individual responds in a way that the police officer doesn't like the person is oftentimes charged with interference of official acts. Being charged with that has oftentimes very little if anything and most of the time nothing to do with what the investigation is about. But because the person being stopped is questioning why the police officer is even doing anything to that individual when that individual was just sitting in a car waiting for somebody. For example, a relative came out of an apartment and the police pulls the person out of the car and say that there was somebody else in the vehicle and casting excursions against that individual. What is a person suppose to do. You expect that the police is going to be considerate of you as a human being and let you know why you are being accosted, why you are being arrested and oftentimes that is not occurring. And then when the person asks questions they are being told that they are resisting arrest and that they are interfering with a peace officer. This happens countless times, and when an individual complains about it, the police investigates it, as it has been said, and the person doesn't really get a hearing. Its only something that is written down or they go to the station and give a complaint and then a few weeks later they are told that their complaint was invalid, and so that's the end of it. That kind of thing has to stop. Dr. Blackwell stated he has been involved with Chief Jennings on a number of occasions on committees working to help police community relations and Chief Jennings asked him to be a part of the National Police Memorial and to participate in doing the invocation for that event. He doesn't have anything against Chief Jennings, but these problems are happening to such a degree that the people have to be heard also. There needs to be a vehicle for them to be heard. Hopefully, we can have some kind of way to develop a working committee to look at these issues. They have already established a citizens review board that actually is not official, but they are looking at these complaints and trying to come up with something to present to the city council and to the Police Department so that they can be addressed. This has been happening for so long and so much that all these complaints cannot just be dismissed as invalid. People are concerned, they are angry, we have heard some of their anger tonight so hopefully we can start to address it in a way that is serious, in a way that promotes real healthy dialog. That is what the NAACP is seeking. Dr. Blackwell asked how they can proceed to get this working committee established and how they can continue the dialog that has been started for quite some time and hopefully resolve these issues and maybe police and community relations will be a lot healthier in the near future. James B. Robison reported several months ago he came to the council about a situation with a company that the city deals with, Waste Management and the cutting of some grass on a rental property that is part of his mother's estate. The council told him to write this and write that and since that time he has listened to a lot of complaints about that. Mr. Robison stated he has gotten a copy of several of the ordinances that say basically under these types of situations the city is suppose to first notify you in writing by certified mail if you have an infraction of any of those types, give you a certain amount of time to remedy the situation before you contract someone to come in. One time the city did it, and it wasn't correct, and then he received another notice that Waste Management came out and shoveled the sidewalk in February. Mr. Robison stated he didn't receive a notice from the city. Neither did several other people on Sumner Street. Just Wednesday with regard to the cutting of the grass and the amount of time that they said it took to cut it, 3.75 hours. He took his garden tractor and started out and drove from 1555 Newell to 121 Sumner and cut it. He went over to his niece's house on Hawver Court, and drove from 121 Sumner to her house and cut that grass back and front. He drove back up the hill and stopped and cut his cousin's grass on the corner of Beech and Newell. By the time he made it back home it was 10 minutes after 1. Basically, his garden tractor moves 5.5 miles per hour. He could drive to Waste Management, then drive to 121 Sumner and cut the grass, then drive back to 1555 Newell and it wouldn't take 3.75 hours. Mr. Robison stated he discussed this with a number of outside agencies and in looking at the whole thing on how it started. Basically, the city received a complaint supposedly that the grass was too tall and they contracted Waste Management to cut the grass. June 18, 2007 Oral Presentations continued Mr. Robison stated he came before the council before to ask that they at least go look at it and accept his word that it wasn't true just like they accepted someone else's word. Mr. Robison stated he has looked at the city's properties and has taken pictures of the properties for years and its just not correct. Mr. Robison stated he doesn't think the city should be doing business with a company like Waste Management if they are going to come in and fraudulently charge people like this because this is what this amounts to. Mr. Robison asked the council to at least go look before he gets the legal ball rolling. Mayor Hurley stated he doesn't have answers for Mr. Robison tonight, he has to talk with the Waste Management Department and review the facts. Page 14 Mr. Robison stated the answer he got from them is that it took two people, and that they had to move things. Mr. Robison stated he has solid proof that nothing was moved. He has solid proof people were standing there watching them, how many people, and what type of equipment they used. Mr. Robison stated he knows what kind of equipment they used because he has been cutting grass for over 20 years. He knows the difference between a lawnmower cut and a garden tractor cut because it leaves a different type of pattern. If they come in and say that they cut some of the brush that was on the fence line, he has that brush that was cut on that fence line that was cut at that house. Mr. Robison stated what started the ball rolling was someone complained to the city that the grass needed to be cut and the city accepted their word for it. The council just needs to go out and look at it. Mr. Robison stated this involves fraud because no way it would take 3.75 hours. The other aspect is whether or not the grass was tall enough to be cut and be considered as a nuisance under this ordinance to begin with. Mayor Hurley commented the 3.75 hours isn't from the time that they turned the mower deck on or the blade. That is probably counted from when they leave the shop until they get back. Mr. Robison stated he can drive from his house to Waste Management and drive back to 121 Sumner Street, cut the grass and drive back to 1555 Newell. He has the specifications from his tractor, the factory service manual. The fastest that the Saber 1999 tractor will move is 5.5 miles per hour. Mayor Hurley stated his office will look into this and be in contact. Mayor Hurley stated he will invite the council to go out and take a look for themselves. Mr. Robison stated the property address is 121 Sumner Street and the size of the lot is 60 by 120, and the house is 668 square feet. Mayor Hurley commented he wanted to address those good people that came forward with concerns about the Police Department and the folks who have come forward with concerns tonight. Mayor Hurley stated they have to take his word for it at this point that this Council and this Mayor and in particularly the case of the allegations of brutality, the Police Chief takes these very seriously. Mayor Hurley stated he has had several conversations in his office and in the Police Chief's office about these complaints and not only do we take them seriously and want to treat them thusly, nobody up here on this side of the gate would tolerate that kind of behavior, if it is found to be true. Mayor Hurley explained that concerning the suggestion about the ability of a citizens group to view evidence or to view the tapes, he can't do that. When there are charges made those video tapes and that evidence is exactly that, evidence, and until its heard in open court we just can't get in and have anyone look at it. Mayor Hurley stated the suggestions from Reverend Seenster and Reverend Blackwell and the Citizens Advisory Group under the NAACP are fine. But as you probably would guess it has no legal bearing at this point. The protocol used is the internal investigation. Those who have complained will get notification of the outcome for that and there is a choice at that point. If not satisfied with the findings of the internal investigation, there is a very impartial, objective group assigned by the State Legislature and that's the Iowa Civil Rights Commission. Mayor Hurley stated he would like to follow up, and he will probably contact Dr. Blackwell or Reverend Seenster and see what we can do to put a smaller group together to just discuss some view points about this. But it will not include viewing what is now considered evidence, but we can certainly talk about it. • • 1 • June 18, 2007 Oral Presentations continued Page 15 Reverend Helen Seenster clarified that she was asking for a working session with the city and she needed to know the procedure so they could set that up so there could be some discussion. Mayor Hurley responded he will contact Reverend Seenster and Dr. Blackwell and include others to sit down with the Chief and discuss this. So that they can look eye to eye, face to face and at that time maybe talk some more about what Reverend Seenster would expect out of a work session. Thomas Tasseff, 1425 Shamrock Drive, stated he was wondering what is the police department's disposition regarding discretionary discovery of some of these tapes that have been made. If a defendant were to come and seek discovery of materials that are held by the police department would they be of a mind to provide them, not for public viewing but private. Mr. Tasseff stated the defense attorney would request discovery of some of these tapes for pretrial. Its a discretionary piece of evidence. Tom Jennings, Police Chief, responded they would have to go through the Black Hawk County Attorney's office for discovery. Mr. Tasseff responded he is certain they are going to be consulting with law enforcement regarding their feelings about disclosure because it is a discretionary disclosure. Chief Jennings asked if there are criminal charges pending, and Mr. Tasseff responded yes. Mr. Tasseff stated he is inquiring how the police department feels about sharing the tapes. Chief Jennings responded they abide by the courts and by the protocol of the courts, and there is protocol, rules for discovery of evidence and the department go by the rules of evidence. Mr. Tasseff asked if the discovery request can have the tapes provided to the defense and Chief Jennings responded yes. Mayor Hurley commented that his secretary will contact Dr. Blackwell maybe next week. Getty/Gunderson that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 125402 - Schmitt/Kincaid that the council adjourn to Executive Session at 6:58 p.m. Ayes: Six. Absent: Cole. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (j) (2007) . EXECUTIVE SESSION 125403 - Schmitt/Gunderson that the council adjourn Executive Session at 7:17 p.m. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 125404 Gunderson/Schmitt that the Council adjourn at 7:17 p.m. Ayes: Six. Absent: Cole. Motion carried. Nancy Eckert, CMC City Clerk