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HomeMy WebLinkAbout08/24/92A»gust 24, 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 August 24, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke. Invocation by: Councilperson Tony Budak Pledge of Allegiance: City Attorney Jim Walsh The Mayor administered the Oath of Office to Councilperson Bill Lemke for a term through December 31, 1993. 99869 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on Monday, August 24, 1992, at 7:00 p.m., and the Minutes, as amended, for the Regular Session on Monday, August 17, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 99870 - Moved by Budak, seconded by Fox that proof of publication of notice of public hearing on request of C & S Subaru to sell and convey excess right of way generally located on Washington Street between West Seventh and West Eighth Streets for $87,200 in conjunction with Relocated Highway 218 project, as published in the Waterloo Courier on August 14, 1992, be received and placed on file. Motion carried. 99871 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Brasley Lloyd Bullock, 3849 Sager Avenue, questioned whether said property had been appraised. Bob Stevenson, City Planner, stated that when the City of Waterloo purchased said property from the Iowa Department of Transportation, the property was appraised with the stipulation that the City would not sell said property for greater than the amount of the purchase price and demolition. Moved by Angel, seconded by Dell that the hearing be closed and oral comments be received and placed on file. Motion carried. 99872 - Moved by Fox, seconded by Dell that "Resolution authorizing sale and conveyance of excess right of way generally located on Washington Street between West Seventh and West Eighth Streets to C & S Subaru for $87,200 in conjunction with Relocated Highway 218 project", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-481. 99873 - Moved by Wright, seconded by Budak that proof of publication of notice of public hearing on application to the Department of Housing and Urban Development (HUD) for 50 additional units of Section 8 Rental Housing Vouchers, as published in the Waterloo Courier on August 6, 1992, be received and placed on file. Motion carried. 99874 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Deb Collett, Director of the Waterloo Housing Authority, stated that the Housing Authority is now serving 657 families with Section 8 housing and has. a waiting list of 864. These 50 units will be easily used. Moved by Dell, seconded by Fox that the hearing be closed and oral comments be received and placed on file. Motion carried. August 24, 1992 Hearings - continued 99875 - Moved by Fox, seconded by Dell Page 2 that "Resolution authorizing said application for 50 additional units of Section 8 Rental Housing Vouchers for the Waterloo Housing Authority", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-482. UNFINISHED BUSINESS 99876 - In response to a question from Councilperson Fox, John Meyer, Public Works Director, stated that the estimate for said project was $3.3 million. Excess funds will be used for improvements at the Water Pollution Control Plant. Moved by Budak, seconded by Wright that communication from City Engineer transmitting recommendation of award of contract to Johnson Bros. Corporation of Litchfield, Minnesota in the amount of $2,681,315.11 for the F.Y. 1992 Intercity Interceptor, Stage IX (West 18th Street to West 7th Street), Contract No. 432, 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. 1992-483. REPORTS 99877 - Moved by Budak, seconded by Wright that the Abstract of the Election for the Special Election held on August 11, 1992 in the City of Waterloo, Iowa be received and placed on file. Motion carried. DOCUMENTS 99878 - Moved by Angel, seconded by Budak that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Youngblut Contracting of Washburn, Iowa in the amount of $112,671.25 in conjunction with F.Y. 1992 Crossroads Drainage Improvements - Sarah Drive Culvert, Contract No. 439, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-484. 99879 - Moved by Angel, seconded by Budak that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Dolan Concrete & Masonry Inc. of Waterloo, Iowa in the amount of $57,719.27 in conjunction with F.Y. 1993 Sidewalk Repair Assessment Program - Zone 4, Contract No. 441, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1952-485. 99880 - Moved by Angel, seconded by Budak that communication from City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Johnson Bros. Corporation of Litchfield, Minnesota in the amount of $2,681,315.11 in conjunction with F.Y. 1992 Intercity Interceptor, Stage IX (West 18th Street to West 7th Street), Contract No. 432, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-486. August 24, 1992 Documents - continued 99881 - Moved by Angel, seconded by Budak Page 3 that communication from Director of Personnel transmitting an agreement with St. Luke's Hospital in Cedar Rapids, Iowa to conduct audiometric testing on employees in the Fire, Public Works, Airport, Parks, Print Shop and Recreation Departments, 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. 1992-487. 99882 - Moved by Angel, seconded by Budak that communication from Clerk/Auditor transmitting an agreement with Douglas L. Gilbertson regarding construction of sidewalk at 325-327 Farrington Road in conjunction with F.Y. 1993 Sidewalk Repair Assessment Program - Zone 4, Contract No. 441, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-488. 99883 - Mark Boesen, Assistant Community Development Administrator, stated that the Rental Rehabilitation Program has been discontinued at the federal level and now is allocated through the State of Iowa. This application will provide for rehabilitation of approximately 75 rental units at an approximate cost of $600,000. No local match is required, but the homeowner must match the grant dollar for dollar. Moved by Angel, seconded by Budak that communication from Community Development Assistant Administrator transmitting an application to the State of Iowa Department of Economic Development for funding to assist owners of rental property in low- and moderate -income tracts to rehabilitate their rental property, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-489. 99884 - Moved by Angel, seconded by Budak that communication from Executive Director of Waterloo Housing Authority transmitting Modernization Project Grant Amendment No. 8 for CIAP Funding for the window and roof replacement at 225 W. Ridgeway Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-490. RESOLUTIONS TO BE ADOPTED 99885 - Moved by Buck, seconded by Wright that "Resolution setting date of hearing as September 8, 1992 at 7:00 p.m. in the City Hall Council Chambers on request of Greater Black Hawk Habitat for Humanity, Inc. to transfer deed for property located at 424 Florence Street to rehabilitate and sell to low- and moderate -income family", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-491. 99886 - Moved by Buck, seconded by Wright that "Resolution authorizing conveyance northwesterly of West Fourth Street, Hawkeye Institute of Technology", be prepare and deliver a deed accordingly. of the 40 foot wide alley generally located between Wellington and Allen Streets to adopted and City Attorney instructed to Ayes: Six. Abstain: Dell. Resolution adopted and upon approval by Mayor assigned No. 1992-492. August 24, 1992 Page 4 Resolutions to be Adopted - continued 99887 - If the referendum to increase the City's hotel/motel tax from 5 to 7 percent were approved, an additional $140,000 would be generated annually. Specific uses for the additional money will be formulated by the Mayor's Task Force between now and the November election. Moved by Fox, seconded by Buck that "Resolution calling for an election to authorize the increase of the hotel/motel tax in the City of Waterloo from five percent to seven percent to be effective January 1, 1993", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-493. ORDINANCE TO BE ADOPTED 99888 - The Mayor announced that it was time for the second reading on the request of the Waterloo Warriors, Inc. to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning property generally located at the former Greenbrier School, 1554 Oakwood, to be used as a bingo parlor. (See CR 99843 of August 17, 1992 for first reading.) Ron Harris, RR 1, Denver, Iowa and representing the Waterloo Church of Christ, stated that at last Monday evening's Council meeting discrimination had been levied against the School Board, and that even the School Board did not listen to the concerns of the church when reviewing the lease for Greenbrier School. He stated that the pastor of the church was not at the Council meeting tonight in order to make a presentation to the Waterloo School Board on their reconsideration of the lease agreement. He asked that the Council not approve the second and third readings because in essence the Council would be saying "we don't care." Councilperson Wright stated that the issue before the Council is not the issue of gambling but a rezoning request. Mayor Manning stated that the School Board must address the charges of discrimination and not the City of Waterloo. In response to a concern from Mr. Harris, City Attorney James Walsh stated that approval of the rezoning would not give the Warriors authority to occupy unless the lease agreement was approved through the Waterloo Schools. Councilperson Dell stated that he would continue to urge that the zoning ordinance be changed so that churches and schools would have more authority to determine the types of uses near them. Moved by Dell, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 39 to Section 2A -7N Conditional Zoning Certain Property", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 99889 - Moved by Buck, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 99890 - Mike Moran, 1680 Golden Valley Drive, spoke in opposition of the request and that the Council was pushing the rezoning through. A resident at 526 Longfellow Avenue stated that the Council was rushing the request through so that the Warriors did not miss any bingo given their lease termination on August 31 at their current location. She asked that the Council delay action to allow more communication with the community. She urged the Council to allow both sides to be heard. Moved by Budak, seconded by Fox that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Seven. Motion carried. 1. August 24, 1992 Ordinance to be Adopted - continued 99891 - Moved by Buck, seconded by Fox Page 5 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 39 to Section 2A -7N Conditional Zoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3886. BILLS PAYMENT 99892 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-6, in the amount of $1,445,432.35, dated August 24, 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. 1992-494. NEW BUSINESS 99893 - Moved by Wright, seconded by Dell that James Boyd be appointed to the position of Director of Human Rights be received, placed on file and approved. Ayes: Three. Nays: Fox, Angel, Buck, Budak. Motion not carried. The following additional information was heard on the issue. James Boyd, Human Rights Specialist, stated that he was very concerned about the selection process for the position of Human Rights Director. As an eight year employee of the City, he has never seen a City Councilmember at a Commission meeting. He stated that the decision to not approve his appointment was a slap in his face as he has been dedicated to the community throughout his tenure. He stated that this process has been a travesty and that he was not the cause for the process going amiss. Both in the interview process and with the Mayor's interviews, he has risen to the top. He stated that it was an injustice to blame him for the process. He questioned whether this wasan individual vote or a "behind the scene vote." Jimmie Porter, 1322 Northey Street, stated that as a 44 year resident of this community, he has never seen anything like this before. He stated that it was unfortunate that politics came to play in this appointment. He stated that it would be very embarrassing for the next candidate to step into the position. He stated that the City Council will live to regret this decision. Both Councilperson Budak and Angel stated that several other Department Heads had been voted against by Councilmembers. Mr. Porter responded that never before has a Commission's recommendation been turned down by the City Council. He again stated that this was a political decision. Harris Ceaser, 104 Candlewick Road, stated that he may not remain a Human Rights Commissioner for long as this appointment has been a slap in the face to Commissioners. He stated that the Commission had selected the best person for the job and asked that the Council take a good, long look at themselves because they were wrong in their decision. Gale Quirk, 245 Alta Vista Drive and Chairperson of the Human Rights Commission, stated that the process was conducted fairly by the Commission, and that since the Commission's recommendation the community has been full of rumors and gossip. It was a very carefully thought out process with the Commission having very strong feelings toward the Afro-American community. Councilperson Angel questioned Ms. Quirk on why only one name was submitted to the Mayor for appointment as stated in the July 2, 1992 Human Rights Commission minutes when they were clearly required to submit five. Ms. Quirk stated that the Commission felt that they needed to present a unified front and not to be presumptuous in their decision. Councilperson Dell stated that the number one candidate has been subject to much scrutiny and more than other candidates. Councilperson Dell spoke in support of Mr. Boyd's appointment. He stated that Mr. Boyd should not be blamed for problems within the Human Rights Office, and that the problems should be dealt with individually and not in this appointment process. August 24, 1992 Page 6 New Business - continued Brasley Lloyd Bullock, 3849 Sager Avenue, stated that the City of Waterloo has no black department heads. He reiterated his experience with the recent vacancy created by the resignation of Councilperson Bob Brown and his announcement to run for the position. He stated that he was automatically eliminated from the process because it was stated that the candidate should have experience with Waterloo government. He stated that he is very concerned about the black image in the community. He stated that this was a discriminating act and asked the Council to rescind their action. Councilperson Angel stated that all five candidates that the Mayor interviewed were black. Harris Ceaser, 104 Candlewick, stated that about one week ago several City Councilmembers were contacted and were informed that if additional information was needed on this candidate, the Commission would be glad to provide the information. No Councilmember requested additional information. Councilperson Fox stated that this appointment was one of the most politically involved situations he has been associated with. He stated that he and several other Councilmembers had urged Mayor Manning not to put this item on the agenda since the necessary votes for Mr. Boyd's appointment were not there. He stated that he was not in favor of this method of appointment, and that it was a slap to James. There also was discussion among the Council about tabling action on this item, but Mr. Boyd asked that a vote be taken on this item this evening. He stated that this was not a discriminating action; he voted his conscience. It was not the Council's intention to play on personalities but to be responsible in their decision to all segments of the community. Councilperson Angel stated that the open meetings law prohibits the Council from meeting in private session, but that Mr. Boyd could have requested an executive session to discuss this matter with the Council. Commissioner Quirk stated that Mr. Boyd has been on an emotional roller coaster. She stated that none of the Councilmembers had talked to the Commissioners or requested additional information. Councilperson Fox stated that he needed no additional information to make his decision. Mayor Manning stated that the process was very objective and that his decision to recommend Mr. Boyd was based on his experience and the Commission's recommendation. He stated that he had talked with Mr. Boyd twice and that it was the applicant's determination to proceed with the appointment this evening. He stated that most likely the passage of time would not change the Council's decision. Harris Ceaser stated emphatically that the black community would not be split over this decision but would be strengthened because of this action. He questioned whether or not the Council's action could be reconsidered at a later time to allow for additional information. Councilperson Dell stated that we must look at the motives behind the rumors that have been circulating. He stated that no department head appointment has been under this type of microscope and that something must be wrong with the system. City Attorney Jim Walsh stated that the Council could reconsider this decision either this evening or at a later time. If the item is not brought up for reconsideration, it would be the Mayor's responsibility to put forward another name or that of James Boyd. Jimmie Porter questioned whether the City Council would reconsider its decision, perhaps in a week, to allow more time. He stated that the Commission had been given certain guidelines and that this action was a disservice to the Commission's hard work. He urged the Council's reconsideration of its action. Reverend Ready, 2230 Burton Avenue, stated his concerns with the procedures in which this appointment was carried out. He stated that anyone was innocent until proven guilty. He stated that Mr. Boyd was a good employee and very knowledgeable in his area of expertise. He urged the Council's reconsideration of its decision. August 24, 1992 Page 7 New Business - continued James Boyd stated that he had made himself available to answer any questions or concerns posed by the Council but had not heard from anyone. Again he stated that he was not responsible for the process. He stated that some of the rumors that have been circulating accused him of having a substance abuse problem when in fact his hospitalization was for the removal of a portion of his lung. He asked the Council to check the motives for the rumors. Mayor Manning asked for a motion to reconsider, but none was heard. Councilperson Angel stated she disagreed with the Russian roulette style of appointment and that a name should have been presented that would have been approved by the entire City Council. Councilperson Wright stated that this was not a black/white issue, but a procedural nightmare. She stated that this process was very damaging to the candidate and never before has anything like this happened. Councilperson Budak stated that he was under the impression that Councilperson Wright would request tabling action on this item. Councilperson Fox stated that this procedure was a black eye for the whole community, and that every step of the way was wrong. He stated that this was a good case study of the lack of leadership in this community. Procedures should have been followed through with and a decision made. Councilperson Dell stated that there were options available to Mr. Boyd and that he was aware that an executive session could be called. Mayor Manning stated that he did not know at the time he made the recommendation that it would not be approved. He stated that the process was clear and that Councilmembers were invited into several of the interviews. Councilperson Lemke stated that the Human Rights Commission is the conscience of the entire City, and that if its process for the selection of director's position is not fair, we must look at the entire process, learn from it and not do it again. Councilperson Angel stated that she was made aware of several interviews after they were completed, and that the process was poorly handled. Councilperson Wright stated that she had chosen not to be a part of the interview process and questioned why the City Council was included in this interview process. Mayor Manning stated that he had invited Councilmembers to the interviews since it is they who must vote on the appointment. Councilperson Dell stated that this is not a process issue. He questioned whether accurate information was used to judge the candidate and whether we were objective in our decision. Mayor Manning questioned how the City Council had been involved previously in the selection of a department head. Councilperson Wright stated that resumes and other written information were used to communicate to the Council. Councilperson Fox noted that Rick Tagtow, Director of Parks & Forestry, had asked that an executive session be conducted when his appointment was discussed. It was stated that an executive session probably would not have made a difference in this appointment. Travel Requests 99894 - Moved by Dell, seconded by Buck that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved, with Councilperson Fox abstaining on Travel Request No. 3: 1. Bernal F. Koehrsen, Police Chief, to attend Regional Police Chiefs' Conference in Kansas City, Missouri on November 4-6, 1992, with costs not to exceed $223.00. August 24, 1992 Page 8 Travel Requests - continued 2. Gary Simmons, Superintendent of Water Pollution/Flood Control, to attend the Water Environment Federation's 65th Annual Conference & Exposition in New Orleans, Louisiana on September 20-24, 1992, with costs not to exceed $1,256.00. 3. Councilperson Joe Fox to attend 69th Annual Congress of Cities and Exposition in New Orleans, Louisiana on November 28 -December 2, 1992, with costs not to exceed $1,025.00, with cost of air fare to be provided by Councilperson Fox. Motion carried. MISCELLANEOUS 99895 - Moved by Dell, seconded by Buck that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and applications for license for recycling yard be received, placed on file and approved: 1. Beer License Permit Application Class C Kum & Go, 3016 Marnie Avenue (Renewal) (Expires 10/5/93) (Includes Sunday Sales) Boleyn's Grocery, 319 Edwards (Renewal) (8/28/93) (Includes Sunday Sales) 2. Beer/Wine License Permit Application Class E County Market, 1411 Flammang Drive (Renewal) (Expires 8/26/93) (Includes Sunday Sales) 3. Beer/Liquor License Permit*Application Class C Uptown Jazz & Blues Club, 213-215 East 5th Street (Renewal) (Expires 9/4/93) (Includes Sunday Sales) 4. Liquor License Permit Application Class E Fleagle Foods, 2834 Ansborough Avenue (Renewal) (Expires 9/4/93) (Includes Sunday Sales) Application for License for Recycling Yard Dennis Osborn, 213 E. Dunkerton Road, Cedar Falls (Yard --1501 Grandview) Weissman Iron & Metal Inc., 1500 W. Airline Hwy. (Yard --1500 W. Airline Hwy.) Motion carried. BONDS 99896 - Moved by Buck, seconded by Budak that the report of City Attorney and list of bonds filed with the Clerk/Auditor through August 24, 1992, be received, placed on file and report and bonds be approved. Motion carried. The Mayor called for oral presentations and there were none. ADJOURNMENT 99897 - Moved by Budak, seconded by Buck that the Council adjourn at 8:37 p.m. Motion carried. Larry P. Burger City Clerk/Auditor