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HomeMy WebLinkAboutMinutes-10/11/2010• • October 11, 2010 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, October 11, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Ron Welper, Ward 5 Council Member. 135411 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 11, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 135412 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 4, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring October 2010 as Disability Awareness Month. Presentation of Local Breast Cancer Awareness Campaign. Dave Floyd, from Fire Fighters local Union, in August 2010 at our International Convention the members of the International Association of Fire Fighters unanimously passed a resolution supporting Breast Cancer Awareness. During the month of October at any given time up to 298,000 fire fighters across the United States and Canada are going to be wearing pink shirts that they designed, such as this particular one, while on duty. With the help of the Fire Chief we decided that we would wear these shirts from now until the end of the month. And what we are doing is selling the shirts as a fundraiser. The money is going to a local organization called "Beyond Pink Team". It is an organization ran through Allen Hospital and the money is 100 percent local. It's a volunteer based organization with little to no administration cost and the money stays to our locals through a grant type application process for females and males who are effected by Breast Cancer. We are selling the shirts for $15.00 to anyone that would like to purchase one. Again, all of the money goes locally. This has really grown, its amazing how accepted this is even amongst our guys who like to think that they are big, tough, strong guys. We all know someone that has been affected somewhere whether it be family or friends, co-workers or wives by this disease. Throughout the community it has really been accepted pretty well. We have what we call pink shirt Thursday's that Columbus football, myself, and the staff all wear pink shirts on Thursday nights to support this. It looks kind of odd out there with a bunch of coaches out there with pink shirts but maybe its motivated the boys because we are 5-0 in the district. However, this is a big thing for us and we are very proud of it. And behalf of the Fire Local 66 I would like to present you and the council members with a shirt. CONSENT AGENDA 135413 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Schedule AP642, pp. 1-56, dated October 11, 2010, in the amount of $2,562,407.30, 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. 2010-916. 2. Request of Knights of Columbus for a variance to the Noise Ordinance on November 13, 2010 from 2:30 p.m. to 4:30 p.m. in conjunction with Our Lady of Peace Rededication event to be held at 1955 Locke Avenue with La Porte Road street closure from Easton Avenue to Locke Avenue, including the use of a PA system, together with recommendation of approval of Chief of Police. Resolution adopted and upon approval by Mayor assigned No. 2010-917. 3. Request of Sara Christopher for a concrete driveway to be located at 805 Idaho Street, together with recommendation of approval of City Engineer - Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2010-918. October 11, 2010 Page 2 4. Request of Waterloo Convention & Visitors Bureau & Trekman Racing to hold 5K and 10K races on November 6, 2010 beginning at 9:00 a.m. traveling streets through the downtown and ending at Soldier's and Sailors Park - Submitted by Daniel J. Trelka, Chief of Police. Resolution adopted and upon approval by Mayor assigned No. 2010-919. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Steve Jordan, Fire Marshal State fire Marshal Fire Prevention Education Conference Ankeny, Iowa October 19-22, 2010 $608.51 Captain Tim Pillack; Todd Wilson, Planner/Analyst Iowa Homeland Security Conference West Des Moines, Iowa November 3-4, 2010 $506.64 Jason Hernandez, Medical Officer IEMSA Conference Des Moines, Iowa November 11-13, 2010 $764.06 4. Recommendation of appointment of Craig Hintzman to the position of Traffic Signal Technician II, effective October 12, 2010. Submitted by Sandie Greco, Superintendent of Traffic Operations Beer License Permit Application Class B 5. Black Hawk Tennis Club, 1005 Black Hawk Road (Renewal) (Expires 10/31/2011) (Includes Sunday Sales) Liquor License Permit Application Class C 6. The Penalty Box, 118 Commercial Street (Renewal) (Expires 9/18/2011) (Includes Sunday Sales) Outdoor Service Area Application 7. Black Hawk Tennis Club, 1005 Black Hawk Road Going Out of Business Application 8. The Sound Room & Red's CB, 245 Fletcher Avenue (60 days thru 12/15/2010) 9. Bonds Mr. Hart noted that the noise variance on item 1.a.2 will also include a 21 -gun solute. Mayor Clark congratulated Craig Hintzman on his appointment Ayes: Seven. Motion carried. RESOLUTIONS 135414 - Schmitt/Hart that "Resolution approving agreement with U.S. Department of Justice, Office of Community Oriented Policing Services for a Secure Our Schools grant award in the amount of $73,870.00 to be used by the Waterloo School District, and authorize Mayor to execute said document -Submitted by Daniel J. Trelka, Chief of Police", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-920. 135415 - Schmitt/Hart that "Resolution approving recommendation of acceptance of bid from Electronic Engineering of Waterloo, Iowa in conjunction with FY 2011 Squad Car Equipment Installation in the amount of $8,821.77 per vehicle -Submitted by Daniel J. Trelka, Chief of Police", be adopted. Ayes: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2010-921. • • October 11, 2010 Page 3 135416 - Schmitt/Hart that "Resolution approving Release Claim for DC Corporation of Waterloo, Iowa in the amount of $25,000.00 in conjunction with F.Y. 2007 Riverloop Exposition Plaza, Phase I, Contract No. 721, and authorize Mayor and City Clerk to execute said document -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-922. 135417 - Getty/Hart that "Resolution approving recommendation of award of contract with All Inclusive Rec, LLC of Farmington, Missouri in the amount of $78,377.85 in conjunction with 2010 Cedar River/Exchange Rubberized Surface Project -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-923. 135418 - Getty/Hart that "Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $73,508.00 with Black Hawk Electric Company of Waterloo, Iowa in conjunction with Riverfront Stadium Field Lighting Upgrade -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-924. 135419 - Getty/Hart that "Resolution approving Contract for the Disaster Recovery Business Rental Assistance Program for Waterloo TV Group, LLC at 501 Sycamore Street in the amount of $2,400.00, and authorize Mayor to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-925. 135420 - Getty/Hart that "Resolution approving recommendation of award of contract to Manpower Inc. of Waterloo, Iowa in an amount not to exceed $20,740.00 for demolition monitoring in conjunction with Public Assistance demolition activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-926. OTHER COUNCIL BUSINESS 135421 - Hart/Schmitt that Change Order No. 2 for a net increase of $8,832.00 for work performed by Active Thermal Concepts of Hiawatha, Iowa in conjunction with Phase 2 Demolition -Former Chamberlain Manufacturing Property at 550 Esther Street - Submitted by Noel Anderson, Community Planning & Development Director, be received, placed on file and approved. Ayes: Seven. Motion carried. 135422 - Hart/Greenwood to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction Asbestos Survey and Abatement Monitoring Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be received, placed on file and approved. Ayes: Seven. Motion carried. 135423 - Hart/Greenwood that plans, specifications, form of contract, etc. in conjunction with Asbestos Survey and Abatement Monitoring Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be received and placed on file. Ayes: Seven. Motion carried. 135424 - Hart/Greenwood that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction Asbestos Survey and Abatement Monitoring Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Ayes: Seven. October 11, 2010 Page 4 Resolution adopted and upon approval by Mayor assigned No. 2010-927. 135425 - Hart/Greenwood that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as October 25, 2010 at 5:30 p.m. in the City Hall Council Chambers on the Asbestos Survey and Abatement Monitoring Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted and City Clerk instructed to publish notice of same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-928. Mr. Getty excused himself from the meeting at 5:47 p.m. ORAL PRESENTATIONS Forest Dillavou, 1725 Huntington Road, first of all I'd like to thank Waste Management for the buck day that they had. That was one of the most well organized things I've ever seen in the city or any place else. People got rid of a lot of stuff that looked like it'd been in their yards a long time. I was there and in and out in very short order. It was great. And I would like to address another situation, that is the street lights. As you know Mayor I faxed you some information. We continue to be short changed from MidAmerican with all of these lights out. These lights on University Avenue, I believe this is probably the third year. There are a lot of them out. We approved one on Ridgeway and there's a lot of them out that are out there. And there always is. We have got to have a meeting or department heads together and find out how we can have a reporting system for those out. And if they can't get them repaired I don't think we should be paying for them. If that was my place of business and they couldn't fix it then I wouldn't be paying. You are talking our tax dollars and paying for these lights that don't work. One of those on University I know was on my last list of about six months ago. So that particular street light and several others have not worked for six months and we pay every month. Mayor Clark, thank you Forest. I got your fax and got a copy to Mr'. Greenwood as you requested. Also, I talked to Sandie about it. And I will also follow up on it. Mr. Dillavou, if you ever have a work session or you ever decide to do anything about it I would like to be invited. Frieda Weems, what is in that packet is the first one is your letter that you said you sent to me that was returned to you or whatever dated September 15, 2010. That is two pages plus the copy of the envelope. The second one is the communication that was given to me last weeks meeting dated October 4, 2010. And if you remember we had some discussion regarding the items being the same. And you had said that your items were the same items. This is to show that they are not the same and they don't contain the same items. Also, for the second letter dated October 4, 2010 I still am not clear about sending communications when it's a public issue but I get it. You want to send me something. This letter concerns me. It's not even a letter. I don't even know how you performed this. It's just a statement or whatever. I have no idea what format this is in. But it's clearly not the report for the findings for the independent investigation that you said you conducted. That's clearly not it. What is a concern of mine this evening is the fact that this talks about allegations made by Frieda Weems and even if it was mistaken as allegations these are things clearly on the record. We reviewed it several times. I never said, I never showed any interest in Mr. Funchess' position. I never made a statement about his position in any of the times I've appeared before the city council. I've never talked about improper employments with the Human Rights Commission. What I've done is I've requested an investigation into several matters, which were documented, and had you been listening and not concerned about my time. I went over these lists several times. Each time I've been here I've gone over the exact same list. And I brought it with me today. I don't know if your not hearing it, if you need it written down but now you said you concluded an, investigation. So you should have these findings somewhere. You said you had them. One of the requests we asked for specific information, all information regarding complaints that have been filed with the Human Rights Commission from 2008 through 2010. The disposition of those complaints as well. We still have not seen those. And clearly its not mentioned in these two pages either. So I'm still confused with what this is and what purpose this is suppose to serve for the public. It is a public issue so I understand that maybe you want to appease me in some manner but it's a public issue. The public is asking and has requested the findings from the independent investigation that you said you've conducted and concluded. Now I want a correction or retraction of this second letter dated October 4, 2010. I've said none of these things. I've made none of these allegations. So I don't know if you've comprised this this time or someone else did and you signed off on it. But however you have IP • • • October 11, 2010 Page 5 your signature on it and that needs to be done immediately. And I'm requesting that immediately. And you distribute it the :same way that you distributed this letter as well. I understand that it went to the council members, city attorney's office and to Mr. Funchess. So I'm asking that, requesting that you make those corrections and state that these allegations were not made by me. I didn't make any of these allegations. I've been specific. I have the copies of the city council meetings and my notes. And I've never mentioned once again Mr. Funchess' position, I've never mentioned those items. Also other than what I mentioned is this report or format that you signed off on that you agree with the findings on here? Mayor Clark, yes. Ms. Weems, you do? Mayor Clark, yes. Ms. Weems, okay you've gone over it thoroughly as well? Mayor Clark, Ms. Weems that is the totality of my answer of your questions. I'm not answering any more questions. Ms. Weems, okay no problem. I'm just doing it for the public record. If you don't want to answer the questions you still have to be held accountable. We all know this. At some point. This is a same kind of thing that probably happened in Bangkok, California as well. There's no accountability. Something happens eventually. But what happened on this last part you stated the notice for the, you said it was an illegal appointment of Mr. Ron Wood. I never said Mr. Wood was illegally appointed. I asked for an investigation into the nomination process and into the amending. And I said that there was an issue with the voting on that evening if you remember. So in the notes reflect that. But you said and since you said this is through this is what you signed off on you note do you remember the day of September 7, 2010? Mayor Clark, I'm not answering anymore of your questions Ms. Weems. Ms. Weems, I'm going to state it for the record. September 7, 2010 that meeting was on a Tuesday because Monday was Labor Day. And on the second sheet it says the allegation of illegally appointing Mr. Ron Wood to Human Rights Commission. Your findings were, and you said, well they're not findings I don't know what this is called but Mr. Wood was appointed to the Human Rights Commission without giving the normal 24-hour public notice. Since the appointment of commission members is a consent agenda item public notice., was given on Monday morning and then handled as an agenda amendment. Which is routinely done on all kinds of matter, correct? Mayor Clark, correct. Ms. Weems, the meeting was on Tuesday. Monday was Labor Day it was a holiday. So there was no, you didn't even do a 24-hour notice. Nor was it posted on a Monday, unless you posted it on Labor Day. Mayor Clark, Ms. Weems your time is up. You've had 5 minutes. Ms. Weems, my time is not up. I'm still going through. You've got this document and unless you can show me that I have to. I have 30 more seconds. Mayor Clark, here is the last thing that I'm going to ... Ms. Weems, no I'm giving my oral presentation. Mayor Clark, I am giving you notice that this matter, investigation or whatever you want to call it is completely over from the city's stand point. And any further action that you would like to take you should do so and I encourage you to do so through the NAACP, Human Rights organization, HUD, the State. Please feel free to do so. But this is over in this particular body. Ms. Weems, your telling me a right that I already know I have? Mayor Clark, yes. Ms. Weems, okay so you don't need to apprise me that. I'm here to tell you and remind you to tell me about my right to be here to share with what's on my mind regarding this matter. And if you chose to as mayor to vacate, your position as a mayor, your roll as a mayor and your duties as a mayor that's your option. But you don't tell me what I'm going to do as a citizen. And for the last time during oral presentation. So you can say what you want to say. And you don't have to comment on it. It's troubling that you asked for that because the last thing I was going to show was the letter from the NAACP which they requested the October 11, 2010 Page 6 same information. And my final question of you this evening Mr. Clark you can keep fooling around if you want to but the reason you've got problems is because your not paying attention and listening. You still haven't given the items to the public that they've requested. The last item was the NAACP letter which you have a packet of. Have you given response to that letter? To the NAACP? Since you obviously want them to investigate that as well, have you responded to that letter? Mayor Clark, this is the first time I have seen this tonight. Ms. Weems, you didn't get this on October 4, 2010? Mayor Clark, no I'm sorry the letter that you provided tonight in this packet this is the first time I've seen it. Ms. Weems, why don't you have it in front of you. I passed it out to refer to it. Mayor Clark, this letter from Mrs. Goodson yes I have seen that. Ms. Weems, no have you responded to it is what I'm asking? Mayor Clark, not to her directly but I did. 135426 - Cole/Welper that the Council adjourn. Motion failed. Discussion followed regarding the aforementioned topic. Frieda Weems, you want to stop disrespecting me and any one else from the public who wants to be heard. This is our right to the City of Waterloo people. You can't answer questions and you want to vacate your responsibility as Mayor. Your not going to talk crazy to me. Its not going to happen here. Your going to respect me for sure. I don't know about anybody else but your going to respect me. You think that I have nothing else to do but to come down here and abolish you about the role that your suppose to play that you vacated your official duties. No your not going to do that to me. Mayor Clark, you are very familiar with the policies and the procedures of the city Ms. Weems. You obviously know that you don't have to state your name and you don't have to give your address by any rule of law. Anna Weems, I've been in Waterloo for 84 years. This is the first time I've been with every Chief of Police that's been in this town even when you were on the force I worked through the civil things. I've been with every agency here. I started the Human Rights Commission. Mr. Funchess your sitting up there seeing this injustice. You should speak up. You should speak up because you see that this is not right. For some of the things going on with some of you have institutions and business. And if you don't relay this non -prejudice you will have no better things. Because you will have to, I don't care what company you have or what business you have you've got to be fair. All she's doing is coming here asking for some questions. And Funchess that's one of your duties as one of the things. Then wonder why a minority can't get justice. When people stand up here all the time and talk about something else. We'll talk about that later. We can get into that. We got to see about that. Okay, I'm here to say to you Frieda's words about this is a new generation. Their not going to take this thing that your doing. We are in a position here where we all got to work together. We talk about one nation under God. And I stopped last week because we had guests. The little Boy Scouts here. And I didn't want them to hear but I could have told you something that would have upset them. But I have children and grand children I respected them. Frieda had the right, very intelligent to give you stuff. And if you don't want to answer it you should say I don't want to answer it, send her a letter or some kind of document. What she's showing you is not. Mayor Clark, I've done both of those things Ms. Weems and she has chastised me for saying anything. Ms. Anna Weems, but you know she didn't get it. But to hear some of the things from these companies that give these overtones of racial and these businesses here that are saying that they don't want us, they don't respect you, and then you got to always lets get a motion lets adjourn lets adjourn. We're watching those people. We go to their companies. And if that's the kind of thing they do at their companies or their business. We've got 29,000 African American's in this city. And you know what when you get these people not representing we could tear this place up. But that's not what we're about. We have issues that we could talk about. We have council that we can deal with. So we don't want, but the language of people who are oppressed. Most of them, the arrests is all • • • • October 11, 2010 Page 7 black people. All the shootings in a black community. Its going to go over and no body is going to have a chance to you to make a motion that we adjourn to you that we don't want. The letters that I'm getting Mr. Mayor is terrible. I know you're getting some too. We've gotten so many letters. Find out who's got the property. Find out who owns this big company that's got all this income. Find out who's got the this and who's got that. All these things but they don't deal with the issues. I don't want to know who owns the buildings here. I don't want to know who those black African American's come today. I don't want to know who's doing this now. All I want to know is let's move this town forward. 135427 - Welper/Hart that the above oral comments be received and placed on file. Ayes: Six. Motion carried. ADJOURNMENT 135428 - Hart/Greenwood that the Council adjourn at 6:04 p.m. Ayes: Six. Motion carried. Suzy Sc ares City Clerk