HomeMy WebLinkAbout09/21/92September 21, 1992
The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council
Chambers, Waterloo, Iowa, at 7:00 p.m., on September 21, 1992. Mayor Albert C. Manning,
Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke.
Invocation by: Councilperson Sammie Dell
Pledge of Allegiance: Assistant City Attorney Sang -Ki Han
99995 - Moved by Buck, seconded by Angel
that the Agenda, as proposed, for the Regular Session on Monday, September 21,
1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, September
14, 1992, at 7:00 p.m., be accepted and approved. Motion carried.
HEARINGS
99996 - Moved by Budak, seconded by Wright
that proof of publication of notice of public hearing on request of Powers
Manufacturing for sale and conveyance of property generally north of Lafayette
Street and west of former Union Street for $18,550.00 in conjunction with Rath Tax
Increment Redevelopment Area/Powers Manufacturing Expansion Project, as published
in the Waterloo Courier on September 14, 1992 be received and placed on file.
Motion carried.
99997 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
Bob Stevenson, City Planner, noted that the cost of site demolition will be paid
from the Tax Increment Financing fund. Powers Manufacturing is paying land cost
based upon an appraisal.
Moved by Wright, seconded by Angel
that the hearing be closed. Motion carried.
99998 - Moved by Buck, seconded by Fox
that "Resolution authorizing sale and conveyance of property generally located
north of Lafayette Street and west of former Union Street to Powers Manufacturing
Company in the amount of $18,550.00", be adopted and City Attorney instructed to
prepare and deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-528.
PETITIONS FROM PUBLIC
99999 - Mayor Manning announced that the time had arrived on the discussion of Item Nos.
2 and 3 entitled "Communication from Human Rights Commission requesting discussion
on the consideration of the appointment of James Boyd as Human Rights Director"
and "Communication from James Boyd requesting an executive session for the
discussion of his appointment as Human Rights Director according to 21.5(1)(i) of
the Code of Iowa" and called for a motion for recommending the prevailing side,
pursuant to action on August 24, 1992 (see CR 99893) relating to the appointment
of James Boyd as Human Rights Director. ,
The Mayor noted that the Council could not go into an executive session as
requested by James Boyd unless discussion caused irreparable damage. He stated
that an executive session could only be convened if the motion came from a member
of the prevailing side.
Councilperson Fox suggested that if an executive session was convened, the agenda
be changed to allow the executive session at the end of the Council meeting.
Commissioner Quirk asked for a clarification of the Council's action. She asked
whether Item No. 2 must first be approved prior to an executive session being
convened.
Assistant City Attorney Sang -Ki Han stated that Robert's Rules of Order require
that a member of the prevailing side must move to discuss an issue that has been
previously denied by the Council. If that motion is approved, an executive
session could be convened as requested by James Boyd if voted upon affirmatively
by the City Council.
September 21, 1992 Page 2
Petitions from Public - continued
Councilperson Wright questioned how this item could be put on the agenda if action
could only be taken if a member of the prevailing side proposed the motion. Larry
P. Burger, Clerk/Auditor, pointed out that any person may propose an agenda item,
but under these circumstances the motion is dead without a member of the
prevailing side proposing a motion.
Councilperson Wright stated that she would not act on any agenda item if this item
could not be acted even though it was on the agenda.
Moved by Wright, seconded by None
that none of the items on the September 21, 1992 Council agenda be acted on.
Motion died for lack of a second.
Jimmie Porter questioned the legal opinion concerning the reconsideration. He
stated that Robert's Rules of Order do not apply to a request for an executive
session, and that anyone at any time could do so.
100000 - Moved by Budak, seconded by Angel
that communication from City Planner transmitting site plan request for a proposed
Lone Star Steakhouse & Saloon to be generally located on the northeast corner of
Crossroads Boulevard and Sears Street, together with recommendation of approval
of the Planning, Programming and Zoning Commission, be received, placed on file
and "Resolution setting date of hearing as September 28, 1992 at 7:00 p.m. in the
City Hall Council Chambers on the above described request", be adopted and
Clerk/Auditor instructed to publish notice of same. Ayes: Six. Nays: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1992-529.
100001 - Moved by Budak, seconded by Angel
that communication from City Planner transmitting request from Aspro Incorporated
for a variance to Chapter 25.5 of the Noise Control Ordinance to allow milling
operations in conjunction with the paving of the University Avenue Overlay
Project, FN -218-7(160)--21-07, together with recommendation of approval, be
received, placed on file and "Resolution approving above described request", be
adopted. Ayes: Six. Nays: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1992-530.
100002 - Moved by Budak, seconded by Angel
that communication from City Engineer transmitting request of Grace Lutheran
Church for two temporary concrete driveways to be located at 919 Allen Street and
1107 West Seventh Street, together with recommendation of approval, be received,
placed on file and "Resolution approving above described request", be adopted.
Ayes: Six. Nays: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1992-531.
100003 - Moved by Dell, seconded by Wright
that the Council proceed to executive session on the request of James Boyd to
discuss his appointment as Human Rights Director according to 21.5(1)(i) of the
Code of Iowa, be received, placed on file and the Council adjourn to Executive
Session.
Prior to a vote, the following discussion was heard.
Assistant City Attorney Sang -Ki Han stated that this was an illegal motion and
that only a member of the prevailing side could make a motion to reconsider the
denial. He stated that they are "necessarily correlated" and discussion on this
matter must first be voted on before a motion to consider an executive session can
be voted upon.
Councilperson Dell asked how this matter could be brought to the table for
discussion. Mayor Manning noted that it is the feeling of the prevailing side
that there is no desire to discuss this matter in public.
September 21, 1992
Petitions from Public - continued
Commissioner Quirk stated that discussion of the appointment of the Human Rights
Director must proceed, and if possible, should be dealt with in open session. An
executive session should be held only if irreparable damage would be done to Mr.
Boyd. She noted that in the past, the Council had acted on the basis of innuendo
only and not the facts.
Page 3
Councilperson Fox stated that he would make no personal comments that would damage
Mr. Boyd, and that there was no reason to go into executive session. He suggested
that any discussion could take place during the oral presentation section of the
agenda. Commissioner Quirk stated that a decision must be made, and the public
should be advised as to why the Council turned down the appointment of Mr. Boyd
even though the process as set out in the beginning had been followed.
Councilperson Dell withdrew his motion.
The Mayor called for a motion two more times on action relating to discussion of
the consideration of the appointment of James Boyd as Human Rights Director. No
motion was presented.
Again Councilperson Wright questioned why it was illegal to act on Item No. 3
first. Assistant City Attorney Sang -Ki Han reiterated that Items No. 2 and 3 are
necessarily correlated and action on No. 2 must precede a vote on an executive
session.
George Howard, a member of the Human Rights Commission, asked why the Commission
was not informed of the procedures and why the Council was now "pulling" a
parliamentary procedure matter on the appointment.
REPORTS
100004 - Moved by Angel, seconded by Buck
that communication from Clerk/Auditor transmitting City of Waterloo Auditor's
Reports and Financial Statements for F.Y. 1991, be received and placed on file.
Motion carried.
DOCUMENTS
100005 - Moved by Angel, seconded by Buck
that communication from City Planner transmitting Completion Report and
Recommendation of Acceptance of Work performed by Cedar Valley Corporation in
conjunction with F.Y. 1990 West Ridgeway Reconstruction (Sergeant Road to
Ansborough Avenue), Contract No. 383, be received, placed on file and "Resolution
approving said documents", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-532.
100006 - Moved by Angel, seconded by Buck
that communication from City Planner transmitting Maintenance Bond from Cedar
Valley Corporation in conjunction with F.Y. 1990 West Ridgeway Reconstruction
(Sergeant Road to Ansborough Avenue), Contract No. 383, be received, placed on
file and approved. Motion carried.
100007 - Moved by Angel, seconded by Buck
that communication from Public Works Director transmitting an agreement with the
Iowa Department of Transportation for maintenance and repair of certain State
highways within the City of Waterloo, together with recommendation of approval,
be received, placed on file and "Resolution approving said agreement", be adopted
and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-533.
September 21, 1992
Documents - continued
100008 - Moved by Angel, seconded by Buck
Page 4
that communication from City Planner transmitting Certification of Completion and
Final Acceptance of Agreement Work performed by WestMarc Cable in conjunction with
Ansborough North Reconstruction, IX -6615(7)--79-07, together with recommendation
of approval, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-534.
100009 - Moved by Angel, seconded by Buck
that communication from City Planner transmitting recommendation of award of
Asbestos Removal Contract C -92(A) to Advanced Technologies, Inc. in the amount of
$9,800.00, be received, placed on file and "Resolution approving said award of
contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-535.
100010 - Moved by Angel, seconded by Buck
that communication from Waterloo Recreation and Arts Commission Director
transmitting a lease agreement with the National Cattle Congress for use of
McElroy Auditorium from October 1, 1992 through March 31, 1993 with the option to
extend said lease from October 1, 1993 through March 31, 1994, together with
recommendation of approval, be received, placed on file and "Resolution approving
said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-536.
100011 - Moved by Angel, seconded by Buck
that communication from City Planner transmitting application for Robert Rappaport
for tax abatement for property located in Logan Plaza for canopy, signage,
painting and block work in the Logan Plaza Urban Revitalization Area Plan,
together with recommendation of approval, be received, placed on file and
"Resolution approving said application", be adopted and Clerk/Auditor instructed
to notify Black Hawk County Assessor of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-537.
100012 - Moved by Angel, seconded by Buck
that communication from City Planner transmitting application for Robert Rappaport
for tax abatement for property located in Logan Plaza for a new building in the
Logan Plaza Urban Revitalization Area Plan, together with recommendation of
approval, be received, placed on file and "Resolution approving said application",
be adopted and Clerk/Auditor instructed to notify Black Hawk County Assessor of
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-538.
100013 - Moved by Angel, seconded by Buck
that communication from Assistant City Engineer transmitting construction plans
submitted by Claassen Engineering & Surveying for the sanitary sewer facilities
serving Hawkeye Village Apartments and Treatment Agreement DNR Form 29 (Dec. 86)
with the Department of Natural Resources, together with recommendation of
approval, be received, placed on file and approved. Motion carried.
100014 - Moved by Angel, seconded by Buck
that communication from Superintendent of Traffic Operations transmitting a
traffic signal agreement with the City of Evansdale for Evans Road and Dubuque
Road, together with recommendation of approval, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-539.
'�
September 21, 1992 Page 5
Documents - continued
100015 - Moved by Angel, seconded by Buck
that communication from Superintendent of Traffic Operations transmitting a
traffic signal agreement with the City of Elk Run Heights for Elk Run Road and
Dubuque Road, together with recommendation of approval, be received, placed on
file and "Resolution approving said agreement", be adopted and Mayor and
Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-540.
RESOLUTIONS TO BE ADOPTED
100016 - Moved by Buck, seconded by Fox
that "Resolution authorizing the acquisition contract payments and accepting the
deeds for Parcel Nos. 17 (L. B. Portis) and 20 (Nina P. Robinson) in conjunction
with Sixth Street (East) Extension Project, IX -6604(2)--79-07", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-541.
100017 - Moved by Buck, seconded by Fox
that "Resolution authorizing abatement of special assessments in the amount of
$852.32 for city -owned property located at 317 E. Mullan Avenue", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-542.
100018 - Moved by Buck, seconded by Fox
that "Resolution authorizing cancellation of Self -Supported Municipal Improvement
District taxes (SSMID) for property located at 723 Sycamore Street, 726-728
Lafayette Street, 224-226 E. 5th Street, two vacant lots on E. 5th Street, 706-708
Lafayette Street and 725, 726-729 Sycamore Street for property to be used by Black
Hawk County for future Black Hawk County Jail site", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-543.
100019 - Richard Gleason, 420 Oaklawn, questioned why the City was allowing the renewal of
Section 8 Contracts when many of the recipients cause problems relating to drugs
and other illegal activities. He specifically mentioned property at the
intersection of Courtland and Irving as being a Section 8 subsidized unit and the
problems that have emanated from this location. Community Development
Administrator Jim Lindsey noted that it would be illegal to knowingly allow
Section 8 recipients to carry on illegal activities within the premises. He
suggested that a list of the addresses could be cross referenced with the Police
Department to address this issue.
Moved by Buck, seconded by Fox
that "Resolution by the City Council of the City of Waterloo, as the Waterloo
Housing Authority, approving the signing of Annual Contributions Amendment No. 3,
IA05-E050-001/5, for continuing assistance of 296 families on the Section 8 Rental
Assistance Program", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-544.
100020 - Moved by Buck, seconded by Fox
that "Resolution approving an addendum to Modernization Project Grant for CIAP
funding for the window and roof replacement at 225 West Ridgeway Avenue", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-545.
100021 - Margo Kilbourn, 209 West Fifth Street, protested the increase in parking fees as
it keeps people from coming to the downtown area. Visitors to her home have been
intimidated by the parking meters. She stated that the City of Clinton has
removed meters and complained of no place for visitors to park.
September 21, 1992 Page 6
Resolutions to be Adopted - continued
Larry P. Burger, Clerk/Auditor, noted that this would not have any effect on 10
hour meter rates. He also noted that additional increases in ramp fees would be
brought to the Council at a later time, including the meters on 4th Street. Mayor
Manning stated that the increase in revenues will be used to provide capital
improvements to the facilities.
Margo Kilbourn, 209 West Fifth Street, reiterated the need for more business in
the downtown area, particularly with the closing of Miller's Drug Store on
Commercial Street. Mr. Burger noted that enforcement is between the hours of 8:00
a.m. and 5:00 p.m., although the ordinance allows enforcement in the evenings and
on Saturdays.
Moved by Buck, seconded by Fox
that "Resolution establishing parking regulations in the Central Business District
in the City of Waterloo, Black Hawk County, Iowa (increase hourly rate for 2 hour
and 4 hour meters from .10 to .20)", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-546.
100022 - Moved by Buck, seconded by Fox
that "Resolution installing 2 hour parking meters in the 600 block of Sycamore
Street and establishing rate of .20 per hour", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-547.
ORDINANCE TO BE ADOPTED
100023 - Moved by Fox, seconded by Angel
that "an Ordinance amending the 1991 Traffic Code by adding Subsection (la)
Flammang Drive to Section 566, Two Hour Parking - Between 8:00 a.m. and 4:00 p.m.
(two hour parking on the south side of Flammang Drive from Hammond Avenue to
Camelot Drive)", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
100024 - Moved by Angel, seconded by Fox
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
100025 - Moved by Budak, seconded by Dell
that the following ordinance be recorded as having been considered and passed for
the second and third times and now placed on its final adoption. Ayes: Seven.
Motion carried.
100026 - Moved by Fox, seconded by Budak
that "an Ordinance amending the 1991 Traffic Code by adding Subsection (la)
Flammang Drive to Section 566, Two Hour Parking - Between 8:00 a.m. and 4:00 p.m.
(two hour parking on the south side of Flammang Drive from Hammond Avenue to
Camelot Drive)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3894.
BILLS PAYMENT
100027 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-54, in the amount of
$1,430,601.68, dated September 21, 1992, copies of which are on file in the
Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-548.
September 21, 1992
Travel Requests
100028 - Moved by Buck, seconded by Angel
Page 7
that the following travel request, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Greg Maifield, Police Systems Manager, to attend AMT Fall User Conference in
Des Moines, Iowa on October 19-20, 1992, with costs not to exceed $149.00.
Motion carried.
MISCELLANEOUS
100029 - Moved by Buck, seconded by Angel
that the following beer and liquor license permit applications be received, placed
on file and approved and endorsed applications forwarded to the Iowa Beer and
Liquor Control Department:
1. Beer/Wine License Permit Application
Class C
Shakey's, 106 Brookeridge (Renewal) (Expires 9/23/93) (Includes Sunday Sales)
2. Beer/Liquor License Permit Application
Class E
Quik Trip, 1976 Franklin (Renewal) (Expires 10/25/93) (Includes Sunday Sales)
3. Beer/Liquor License Permit Application
Class C
Waterloo Greyhound Park, 3250 Greyhound Drive (Expires 9/24/93) (Includes
Sunday Sales)
The Dispensary, 2122 Kimball Avenue (Expires 10/1/93) (Includes Sunday Sales)
T. J. & Company, 3850 W. Airline Highway (Renewal) (Expires 9/25/93)
Motion carried.
BONDS
100030 - Moved by Budak, seconded by Buck
that the report of City Attorney and list of bonds filed with the Clerk/Auditor
through September 21, 1992, be received, placed on file and report and bonds
approved. Motion carried.
ORAL PRESENTATIONS
100031 - Mayor Manning declared a recess.
The meeting was resumed at 8:05 p.m. with the following members presented: Mayor
Manning, Dell, Fox, Angel, Buck, Wright, Budak and Lemke.
Stan Kennedy, 307 W. Louise Street, noted that as a former chair of the Human
Rights Commission, actions of former Councils were open and honest. The
appointment process of the Human Rights Director has substantially lowered the
credibility of this City Council. He stated that it is the responsibility of the
Human Rights Commission to insure that everyone is treated equally and to protect
the lives of those individuals who are being discriminated against. He stated
that we should care for all individuals in this community and not treat them in
the manner in which this appointment has been done.
Lyle Reisner, 945 River Forest Road, Evansdale, stated that he was before the
Council as the request of Mr. John Nichols to ask whether the City of Waterloo
wanted Mr. Nicholas to bring a chicken operation business to the City. If the
City is not interested, he will take the proposal to another community.
Mayor Manning noted that Cedar Valley Corporation is working with Mr. Nicholas on
the project and is awaiting further information concerning his proposal. Mr.
Reisner stated that City officials, including Mayor Manning, have not been very
receptive to the proposal.
September 21, 1992 Page 8
Oral Presentation - continued
Al Gardner, 214 Glenwood Street, stated that nothing has been done with the
property at 218 Glenwood Street as he requested at the City Council meeting of
September 8, 1992 (see CR 99945). Community Development Administrator Jim Lindsey
noted that City officials had inspected the property and hopefully it will be
rehabilitated by a private individual. The lawn has been mowed and the property
secured. He also urged those Council Members who voted against the appointment
of James Boyd to look him in his face and tell him why they voted against his
appointment.
Clayton Wilcox, 141 Hampshire Road and a member of the Human Rights Commission,
noted that the appointment of James Boyd is no longer the issue. The real issue
is the working relationship between the Human Rights Commission, the Mayor and the
City Council. He encouraged open communications between these entities and asked
for reasons why the Council is not willing to appoint Mr. Boyd. He stated that
if Mr. Boyd was not fit to lead the Commission, he would not have been recommended
by that body. He stated that the Commission needs direction from the Council on
this issue.
Val Martin, 3433 Rosehill Terrace, supported the appointment of James Boyd as a
well qualified individual. He has been well educated.
The resident at 4052 Niles presented a problem he has had with his sewer service
and attempts to have it rectified. The Sewer Department has investigated but it
is their contention that it is a service line problem. He advised the Council of
an exorbitant bill he had received from a private plumber for the pavement cut in
front of his home. In response, Public Works Director John Meyer stated that the
main has been cleaned and that no one else in the neighborhood has been
experiencing the problems that said resident has spoke to. He noted that the City
bills only actual cost and that any inflation by a private contractor is an issue
that he must address with said individual.
Harris Ceaser, 104 Candlewick Road, stated that he is very disappointed with the
Council's action on the appointment of a Human Rights Director but is not
surprised by their action. He stated that this is the worst City Council he has
ever seen and that the Council's decision not to make the appointment was acted
on blindly. The public has asked for a response as to why Mr. Boyd was not
appointed but there has been no response. He stated that the City Council has
taken over the responsibility of the Human Rights Commission and is now dictating
to them the Commission's operation. He stated that their action was a slap in the
face to the staff and Commission but reminded the Council that they too are voters
and would make their feelings known at the next election.
George Meeks, 609 East Donald Street, stated that by voting against the
appointment of Mr. Boyd, in effect they were voting against the Commission. He
questioned whether their decision was a vote against the Mayor's appointment or
a vote against the Commission. He stated that the Council was not holding up
their responsibility in this process.
Gale Quirk, 245 Alta Vista, stated that the Council's action has been an insult
to the Commission and has severely damaged Mr. Boyd. She reported that Mr. Boyd
can very effectively perform as Director and she resented how this appointment
process had transpired.
Moved by Buck, seconded by Angel
that the above oral comments be received, placed on file and that the Council
adjourn at 8:40 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor