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HomeMy WebLinkAboutMinutes-09/07/2010• • September 7, 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 Tuesday, September 7, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: David Jones, Ward 1 Council Member. 135145 - Hart/Schmitt that the Agenda, as amended, for the Regular Session on Monday, September 7, 2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135146 - Hart/Schmitt that the Minutes, as proposed, for the Minutes of August 23, 2010, Regular Session and August 27, 2010, Special Session, be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. Mayor Clark performed a Swearing -In of the following Police Officer: Marc William Jasper. Tony Pauley was recognized as September Team Member of the month. Mayor Clark read a Proclamation declaring September as Life Insurance Awareness Month. Tammy Turner, Recycling Educator with the Black Hawk County Solid Waste Management Commission, gave a presentation on the Energy & Environmental Fair to be held on Saturday, September 25, 2010, in Cedar Falls. CONSENT AGENDA 135147 - 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. 1-61, dated September 7, 2010, in the amount of $2,505,186.51, 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. 2010-774. 2. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees -Submitted by General Manager of Waterloo Water Works Dennis Clark: Resolution adopted and upon approval by Mayor assigned No. 2010-775. 3. Request by Stephen Gogel for an asphalt driveway to be located at 450 South Hackett Road, together with recommendation of approval -Submitted by Eric Thorson, P.E., City Engineer Resolution adopted and upon approval by Mayor assigned No, 2010-776. 4. Request by Chris Starbuck for an asphalt driveway to be located at 2725 Randolph Street, together with recommendation of approval -Submitted by Eric Thorson, P.E., City Engineer Resolution adopted and upon approval by Mayor assigned No. 2010-777. 5. Request by Nathan Hovey for a concrete driveway to be located at 1660 Shultz Street, together with recommendation of approval -Submitted by Eric Thorson, P.E., City Engineer Address Amount to certify 404 Wendell Court $1,710.00 Resolution adopted and upon approval by Mayor assigned No. 2010-775. 3. Request by Stephen Gogel for an asphalt driveway to be located at 450 South Hackett Road, together with recommendation of approval -Submitted by Eric Thorson, P.E., City Engineer Resolution adopted and upon approval by Mayor assigned No, 2010-776. 4. Request by Chris Starbuck for an asphalt driveway to be located at 2725 Randolph Street, together with recommendation of approval -Submitted by Eric Thorson, P.E., City Engineer Resolution adopted and upon approval by Mayor assigned No. 2010-777. 5. Request by Nathan Hovey for a concrete driveway to be located at 1660 Shultz Street, together with recommendation of approval -Submitted by Eric Thorson, P.E., City Engineer September 7, 2010 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2010-778. 6. Request of Spencer Gann for tax exemptions on improvements totaling $8,500.00 for property located at 930 Midland Street and located in the Consolidated Urban Revitalization Area -Submitted by Shane Graham, Planner II Resolution adopted and upon approval by Mayor assigned No. 2010-779. 7. Request of Iowa Heartland Habitat For Humanity for tax exemptions on improvements totaling $79,500.00 for property located at 1333 Leavitt Street and located in the Consolidated Urban Revitalization Area -Submitted by Shane Graham, Planner II Resolution adopted and upon approval by Mayor assigned No. 2010-780. 8. Request of Iowa Heartland Habitat For Humanity for tax exemptions on improvements totaling $14,780.00 for property located at 1571 Wakonda Drive and located in the Consolidated Urban Revitalization Area -Submitted by Shane Graham, Planner II Resolution adopted and upon approval by Mayor assigned No. 2010-781. 9. Request of Heather Taylor of Grainger for a variance to the Noise Ordinance on September 18, 2010 from 6:00 p.m. to 10:00 p.m. in conjunction with Family Movie Night that will be held in the lot East of 827 Fisher Drive, together with recommendation of approval of Chief of Police Resolution adopted and upon approval by Mayor assigned No. 2010-782. 10. Request of Waterloo Public Library for a variance to the Noise Ordinance on September 15, 2010 from 3:30 p.m. to 8:30 p.m. in conjunction with Hispanic Heritage Month that will be held in the library parking lot, together with recommendation of approval of Chief of Police Resolution adopted and upon approval by Mayor assigned No. 2010-783. 11. Request of Five Star Snow Trails Association to approve an application with Iowa Department of Transportation to place signs within State Highway right of way to allow the Five Star Snow Trails Association to place snowmobile signs on city right-of-way Resolution adopted and upon approval by Mayor assigned No. 2010-784. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed E Mark Gallagher, Sports Manager Athletic Business Conference & Expo San Diego, CA Nov. 30 - Dec. 5, 2010 $1,740.00 Jon Martin, Rehabilitation/Relo cation Specialist Thermo Scientific Nitron XRF Analyser Training Bloomington, MN September 13-14, 2010 $285.00 Mayor Buck Clark; Michelle Weidner, Chief Financial Officer; Suzy Schares, City Clerk Iowa League of Cities annual conference Coralville, IA September 22-24, 2010 $825.00 4. Recommendation of appointment of Thaddeus Childers to Waste Water Operator -Submitted by Larry N. Smith, Superintendent of Waste Management Services September 7, 2010 5. Mayor Clark's recommendation of the following appointments: Page 3 Appointee Board/Commission Expiration Date New or Re - Appointment Beth Huffman Waterloo Rights Commission on Human 1/1/2013 New Appointment Steven Buckles Waterloo Rights Commission on Human 1/1/2013 New Appointment Sharina Sallis Waterloo Ri hts g Commission on Human 1/1/2013 Re -Appointment Ron Wood Waterloo Rights Commissionon Hurnan 1/1/2013 New Appointment Beer License Permit Application Class C 6. Casey's General Store #2879, 3260 University Avenue (Premise Update) (Includes Sunday Sates) 7. Casey's General Store #2880, 1604 LaPorte Road (Premise Update) (Includes Sunday Sales) 8. Tobacco Outlet Plus #500, 1803 LaPorte Road (Renewal) (Expires 10/14/2011) (Includes Sunday Sales) Liquor License Permit Application Class C 9. The Brown Bottle, 209 W. 5tr. Street (Renewal) (Expires 10/21/2010) (Includes Sunday Sales) 10. Cafe Bar Fontana, 801 Commercial Street (Renewal) (Expires 7/31/2011) (Includes Sunday Sales) Beer/Wine License Permit Application Special Class C 11. Young Arena, 125 Commercial Street (Renewal) (Expires 9/6/2011) (Includes Sunday Sales) Outdoor Cafe Application 12. Newtons Paradise Cafe, 128 E. 4th Street 13. Bonds Ayes: Six. Absent: Greenwood. Motion carried. Item 1(b)(5) Ayes: Five. Nay: Schmitt. Absent: Greenwood. PUBLIC HEARINGS 135148 - Schmitt/Hart that proof of publication of notice of public hearing on F.Y. 2011 Mark's Park Play Area and Performance Structure, Contract No. 773, as published in the Waterloo Courier on August 26, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135149 - This being the time and place of public hearing, the Mayor called for written and oral objections. Schmitt/Hart that the hearing be closed and oral and written comments be received and placed on file Ayes: Six. Absent: Greenwood. Motion carried. 135150 - Schmitt/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Mark's Park Play Area and Performance Structure, Contract No. 773", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-785. 135151 - Schmitt/Hart September 7, 2010 Page 4 that "Resolution ordering construction in conjunction with F.Y. 2011 Mark's Park Play Area and Performance Structure, Contract No. 773",• be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-786. 135152 - Schmitt/Hart to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid Prairie Construction Co Waterloo, Iowa 50 $797,600.00 Cardinal Construction Inc. Waterloo, Iowa 50 $654,000.00 Tricon Construction Dubuque, Iowa 5% $600,000.00 Ayes: Six. Absent: Greenwood. Motion carried. Councilperson Welper, is the low bid the one that will be awarded this? Isn't what they are providing what we will look at? There is nothing specific as to what goes in that part right? Mike Broshar, Invision Architecture, yes the equipment is specific. We received proposals a couple of months ago for splash pad and for play equipment to go in the park. That wasn't included in these bid documents. So the design has been finalized, selected and they are now bidding the installation and the completion of Mark's Park plus the Performance structure. Which is the shade structure, acoustic shell and lighting at the Amphitheatre. Councilperson Schmitt, so we are bidding relatively apples to apples? Mr. Broshar, yes. Absolutely apples to apples. 135153 - Hart/Schmitt that proof of publication of notice of public hearing on Demolition and Site Clearance Services with Regulated Asbestos Containing Materials for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, as published in the Waterloo Courier on August 30, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135154 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135155 - Hart/Schmitt that "Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Demolition and Site Clearance Services with Regulated Asbestos Containing Materials for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-787. 135156 - Hart/Schmitt that "Resolution ordering construction in conjunction with Demolition and Site Clearance Services with Regulated Asbestos Containing Materials for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-788. 135157 - Hart/Schmitt • • September 7, 2010 Page 5 to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder Bid Bond Bid Amount Active Thermal Concepts ,Hiawatha, Iowa 5% $236,314.00 Benton's Sand & Gravel Cedar Falls, Iowa 5% $192,065.00 Oberbreacklig Construction Onslow, Iowa 5% $207,100.00 Ayes: Six. Absent: Greenwood. Motion carried. 135158 - Hart/Weiper that proof of publication of notice of public hearing on Request of Share Feltz to vacate, sell and convey approximately 4,600 square feet of the Northeast corner of Vinton and Franklin Street for $1,150.00, as published in the Waterloo Courier on August 30, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135159 - This being the time and place of public, hearing, the Mayor called for written and oral objections. Councilperson Welper, when we put in the new 18`" Street bridge I was part of the committee with a number of merchants and the citizens in that area. And they felt that a two lane bridge was not going to be enough. They felt that we needed a four lane bridge going across. A the time it was decided that we didn't want a four lane bridge. But the decision was made to design the bridge to add a second two lanes. This isn't going to interfere with us some day should we end up putting a four lane bridge in there? Noel Anderson, Community Planning & Development Director, the plat of survey that you can see on there at the northern part of that between the alley and Franklin Street is the house. Mr. Anderson points out the area on the map. You can see that the lot that the house sits on there is barely any yard at all. He points out the green space that the city is selling. So essentially a part of one lot at the northeast corner of the intersection. So even if at some future time we did go in and expand Vinton Street to additional lanes this would be a small portion to reacquire because of the house next to it would be much more expensive. I don't remember exactly, to expand Vinton to four lanes and to actually get up the MLK Drive it was a multimillion dollar project because of the going over the railroad and difference in elevations there. So it would be a huge project to do that and be able to attach to MLK Drive. Councilperson Welper, I know there's been some questions as to why does the bridge lean? Well it was designed that way for additional two more lanes. Mr. Anderson, this is a small part of a lot that would go with the house in the future and the house will be a lot more expensive to reacquire this. I don't think it's a major hurdle in the future. Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135160 - Hart/Welper that "an Ordinance vacating approximately 4,600 square feet of the Northeast corner of Vinton and Franklin Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 135161 - Hart/Weiper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Absent: Greenwood. Nay: Schmitt. Motion failed. 135162 - Hart/Schmitt that proof of publication of notice of public hearing on Request by Kevan Cortright on behalf of Browning Family Trust to rezone approximately 2.5 acres of land from "R-4" Multiple Residence District to "R-4, C -Z" Conditional Zoning September 7, 2010 Page 6 District for property located at 3254 Kimball Avenue for the purpose of allowing a pharmacy and related uses, as published in the Waterloo Courier on August 31, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135163 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Welper that the hearing be closed and file recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135164 - Hart/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 113 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 135165 - Hart/Weiper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 135166 - Hart/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 113 to Section 2A -7N, Conditional Zoning Certain Property", be considered and passed for the second and third times and. adopted. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 5002. 135167 - Schmitt/Hart that proof of publication of notice of public hearing on Request by Claassen Engineering on behalf of Lost Island Real Estate, LC to rezone approximately 14.8 acres of land to "R-1" One and Two Family Residence District, 51.4 acres of land to "R-4, R -P" Planned Multiple Residence District, and 87.2 acres from "A- 1" Agricultural District to "C -P" Planned Commercial District at the northwest corner of East Shaulis Road and Hess Road, as published in the Waterloo Courier on August 31, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135168 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Hart that the hearing be closed and file recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. Patricia Connell, 1944 Winston Place, the people on Winston Place were never notified ahead of time. And when I presented the last council meeting, even though all of our kitchens and living rooms look out on the proposed Bamboo Ridge and the residential area. We applaud the Bertch's for everything they have done and its all been first class. But we have no way of being assured that what's going to be in there is not going to devalue our property. And how do we know that? The ridge is high enough and its what we look at everyday from every room in our house. And four of the five people who are represented here from the Winston Place area. To look at RVs that aren't camouflaged is going to be a definite problem for us as far as our satisfaction and valuation of our properties. When you start talking about a small convenience store and cabins that I think can be well handled and very good taste. Because I know what Gary and Becky have done before. When you start talking about gas stations it starts to scare us and then when you start talking about the changing to the residential area, are they going to blend with the flavor of the homes that are there now? And we just need assurance that they are going to and that they are not going to be changed. We don't want to be snobs but we invested heavily in the homes that we have and we don't want to see them further devalue then they already have been by our present economy. Stuart Birley, 2002 Winston Place, I oppose this also from the standpoint on the valuation of our properties. We had properties that just sold for $650,000.00 and my house is also up in the $400,000.00 range. I've lived there 22 years and the area has developed very nicely. I am opposed to having RVs, cabins and I • • • September 7, 2010 Page 7 think that the council would want to keep our property values up. We've had a hard time in the last two years trying to keep the values up. And our taxes haven't gone down but the valuations are still up there and we are being taxed on those valuations. But to put in things that are going to pull our values down I am opposed to that. Joseph Oppold, 1920 Winston Place, I am wondering and of course this hasn't gone very far at this point, whether there have been any studies regarding traffic? I make that point because there is going to be stop signs for the entrance. We already see back up of cars at the intersection of Shaulis and Hess Road all the way from Shaulis down to Winston Place at times. The people from the main part of the traffic is people going to and from Hawkeye Community College. And if they have to have two waits at stop signs of that length I am wondering how well that will set with them. In regards to the lake, I think that will probably come up in the future and vote on whether that's feasible or not. Allen Sessler, 2008 Winston Place, we just also have concerns about how this will come about as far as I've seen maps different ways. Whether the RV park is going to be on the north side or the south side. And actually whatever is on the south side will be directly across from the golf course which is a beautiful area. It just seems to me like we live along the golf course there and we probably our property valuations for tax purposes I'm assuming are somewhat higher because of that. Seems like it would even be in the city's best interest to have the land that is directly facing that to be zoned for homes at least with some tier stepping back. The multiple family homes, and depending on where the RV park is actually going, the last time I saw it, it was actually on the north side. But that is one thing we just feel on how this has all come about and ask for consideration then. Councilperson Cole, I believe Mr. Claassen and Mr. Bertch are in the audience. It might be in the interest of fairness to have one of the gentlemen talk to us about what was said. I know that at the Planning, Programming and Zoning Commission when the people from one of the cross streets discovered what the real plan was a lot of the opposition went away. Because Mr. Bertch was very amenable to their concerns. Bill Claassen, Engineering for the project, as far as assurances of what is going to happen we really don't know what is going to happen really until it is there. I guess for the only insurance that you have here is what the Bertch's have done on their other developments. And that's a matter of faith that's going to continue here. I personally do not live there. But I fully believe what their going to do here is going to be a very nice development. Councilperson Cole referenced the discussion we had at the Planning, Programming and Zoning Commission meeting. At that time there was no one there from the Winston Place area however there were from the Jersey Lane, Guernsey and those cross streets over there. And they were concerned because it was right next to them. And they met with Gary and Eric and the outcome of that was they were very satisfied. I don't know if any of those people are here tonight but this development is planned to be first class. Every aspect of it. The dam, the lake, the RV park will have as many amenities as my home does as far as availability of cable t.v., telephone service, etc. It's just going to be a very nice park. The lot size, it's going to be fairly large for an RV park as well. So as far as the convenience store/gasoline station this project, the RV park portion of it is going to be one of the Campgrounds of America. It is a premier campground organizations in the country. And I believe they want to have a convenience store where people come in and out of there and it will have a gas station primarily for people servicing that RV park or using it as well as the general public. This is proper to zone this area as it has been proposed. The waterpark and the casino east of this area and then going into some commercial area. I believe that is why staff recommends approval. Traffic studies, we have not done any traffic studies here. We could do that. The traffic at that intersection at Hess Road and Shaulis is clearly backed up because of what Hawkeye Community College. To make that worse, these RV people would have to be going into that direction and have to do that at a time when the traffic to the community college is occurring at the same time. I think the likelihood of that is very remote. I have an RV and you just don't go in and out of a park at the times that the school is changing classes. Councilperson Cole, one thing that I would like to point out is the map that I'm holding in my hand which shows along Shaulis Road which is where the Winston. Place residents look across is all residential according to this concept. She points out areas on a map: the RV park is in the far left hand corner, and the residential is adjacent to "cow town" as we lovingly all it. Noel Anderson, Community Planning & Development Director, points out the RV park, convenience store locations. From the first Planning, Programming and Zoning meeting they show an "R-1" district which is One and Two Family Homes that are allowed, about 180 feet. With the residents of the "cow subdivision" the Bertch's expanded that to 500 feet over so its almost tripling in size there September 7, 2010 Page 8 for one and two family homes. The other part would be for "R -4,R -P" which allows for multi -family condo development then the "C -P" down here. So as Mr. Claassen noted there is a good amount of faith in the Bertch's here. There is actually more than faith since the planning district was specific when it came back site by site, building by building. However they laid out would actually have to go back to council for approval on how that is laid out. So Winston Place is right about here. So they are about a half a mile from the RVs. Being able to see them they would have to look further but as this develops over time we will have to see. Mayor Clark, keep in mind also that this particular action tonight is just to rezone the property. We have a long ways as far as the design and approval of the design. And as Mr. Anderson just said we have some degree of control over how that particular property is inevitably developed. If we don't like that we can have some control over that. So tonight's issue is just to rezone not to approve any kind of design plan. Mr. Oppold, I believe Mr. Claassen just spoke and I think I heard him say that north of Winston Place, that area was at the Planning, Programming and Zoning Commission when they were making a decision on that. We received no notice. The first we knew about this was when the Waterloo Courier carried an article. Mayor Clark, just to clarify on that, the requirements to notify property owners is 250 feet. Mr. Anderson, 250 feet by the Zoning Ordinance and Winston Place is about 500 or 600 feet away. Mayor Clark, so we have an ordinance set as to those that do get notified and according to the ordinance is a 250 feet radiance around the effected area. Which is why you didn't get notified. Mr. Oppold, yes but its kind of most real estate agents would agree that if you can see the golf course from your home residence you are considered to be on the golf course. Well, I wish sometime the council would consider changing the 250 feet to more lengthy distance so people could be notified. Mayor Clark, we will take that into consideration. 135169 - Schmitt/Hart that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 407 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 135170 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Absent: Greenwood. Nay: Schmitt. Motion failed. RESOLUTIONS 135171 - Getty/Hart that "Resolution approving cancellation of special assessments that fall under the new Iowa Code 384.84 plus any penalty and interest accumulated against these amounts, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellations -Submitted by Suzy Schares, City Clerk", be adopted. Ayes: Three. Nay: Three(Getty, Jones, Schmitt). Motion failed. Councilperson Getty, is anybody looked at how much tax assessment the State has taken away from the City of Waterloo? According to what little bit I have looked at tonight we are looking at probably about $400,000.00 or $500,000.00 worth. Is there a way that we can recoup these? Can we send certificates to the past property owners of these properties? Can we sue? Mayor Clark, what we can do is go back to those owners that owned the property at the time the assessment was assessed. We are going to do whatever we can. Councilperson Getty, because I don't understand what facilitated the State to do such a thing. Maybe we can go back against the State for the cost. I don't know but it just doesn't make sense to me. Mayor Clark, me either. • • • • September 7, 2010 Page 9 Councilperson Getty, we've got peoples names on here who have violated and haven't paid their garbage/sewer or mowing/cleanup/snow removal charges. And then the State turns around and states that is forgiven. That makes no sense. Councilperson Cole, Councilperson Getty and I were visiting about this earlier and I'm sure these are not the only assessments: bonds, ambulance co -pays, everything that people owe the city. And we had a huge fight across the street a couple of years ago about hiring a collections agency. We could probably make --up what we took out of the reserve fund if we would just start collecting what people owe us. Mayor Clark, I know we are heading down that direction Councilperson Cole, a thought for the future. 135172 - Getty/Hart that "Resolution approving application for Black Hawk County Gaming Association Grant in the amount of $62,5000.00 for the Drive Safe Cedar Valley - Public Awareness Campaign -Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-789. 135173 - Getty/Hart that "Resolution approving Contracts, Bonds and Certificate of Insurance with Voltmer, Inc. of Decorah, Iowa in conjunction with Ridgeway Avenue and Highway 63 (Sergeant Road) Traffic Safety Improvement Project -Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-790. 135174 - Welper/Schmitt that "Resolution approving a 28E Agreement with the Iowa Alcoholic Beverages Division for tobacco enforcement -Submitted by Daniel J. Trelka, Chief of Police", be adopted. Ayes: Six. Absent: Greenwood. Councilperson Hart, we are making sure that if there is a violation there is no conversation and they will be fined for the violation? Daniel Trelka, Chief of Police, yes. They want us to Ridgeley enforce these laws. Resolution adopted and upon approval by Mayor assigned No. 2010-791. 135175 - Welper/Schmitt that "Resolution approving grant agreement with Iowa Finance Authority for the Iowans Helping Iowans funds in the amount of $500,000.00 for disaster victims - Submitted by Nancy Gulick, Community Development Coordinator", be adopted. Ayes: Six. Absent: Greenwood. Councilperson Welper, I really tried to find out what this is all about. It says for disaster victims. Is this a duplication of what the Federal Government was doing for people who were effected by floods? I couldn't figure out what disasters we are talking about. Rudy Jones, Community Development Director, this is somewhat of an extension of the previous disaster recovery funds that we have that the State made available. Councilperson Welper, so do you know where the State is getting this money? Is this a pass through from the Federal Government? Mr. Jones, its normally CDBG funds. There is going to be a meeting held tomorrow to better explain how FEMA is going to come in and direct that initiative. Councilperson Welper, so the State is just a pass through for this? Mr. Jones, yes. Resolution adopted and upon approval by Mayor assigned No. 2010-792. 135176 - Welper/Schmitt September 7, 2010 Page 10 that "Resolution approving request of Sharon Armfield-Penn of 621 Sycamore Street for a cancellation of special assessment in the amount of $1,077.56 plus any penalty and interest accumulated against this amount, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation -Submitted by Suzy Schares, City Clerk", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-793. 135177 - Schmitt/Welper that "Resolution approving an agreement with Department of Justice Office of Justice Programs for FY2010 Justice Assistance Grant (JAG) Program in the amount of $108,069.00, with no required cash match, to be used for funding the Tri - County Drug Task Force, and authorize Mayor to execute said document -Submitted by Daniel J. Trelka, Chief of Police", be adopted.. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-794. 135178 - Schmitt/Welper that "Resolution approving award of contract in the amount of $116,466.00 to WBC Mechanical Inc. of Waterloo, Iowa in conjunction with Library Boiler Replacement Project -Submitted by Debra Anderson, Building Official/Maintenance Administrator", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-795. 135179 - Schmitt/Welper that "Resolution approving Contract, Bonds and Certificate of Insurance in the amount of $116,466.00 with WBC Mechanical Inc. of Waterloo, Iowa in conjunction with Library Boiler Replacement Project, and authorize Mayor to execute said document -Submitted by Debra Anderson, Building Official/Maintenance Administrator", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-796. 135180 - Getty/Schmitt that "Resolution approving Professional Services Agreement with Iowa Northland Regional Council of Governments (INRCOG) in the amount of $40,000.00 in conjunction with Commercial Storm Water Lift Stations for assistance with block grant funding -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-797. 135181 - Getty/Schmitt that "Resolution approving Professional Services Agreement with Iowa Northland Regional Council of Governments (INRCOG) in the amount of $15,000.00 in conjunction with Commercial Storm Water Lift Stations for assistance with EDA grant funding -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-798. 135182 - Getty/Schmitt that "Resolution approving Professional Services Agreement with Iowa Northland Regional Council of Governments (INRCOG) in the amount of $40,000.00 in conjunction with Residential Storm Water Lift Stations for assistance with block grant funding -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-799. 135183 - Getty/Schmitt that "Resolution approving Contract, Bonds and Certificate of Insurance in the amount of $11,853.90 with B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2011 Sidewalk Repair Block Grant Program - Zone 10, Contract No. 780 -Submitted by W. Wayne Castle, PLS, EI, Associate Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-800. 135184 - Cole/Hart • • • • September 7, 2010 Page 11 that "Resolution approving Iowa Jobs Program Grant Award Agreement with Iowa Jobs Board and Iowa Finance Authority to receive $5,000,000.00 from the State of Iowa's I -Jobs II Program to be used for the City of Waterloo Public Works Building, and authorize Mayor to execute any necessary documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-801. 135185 - Cole/Hart that "Resolution approving Second Amendment to the original Development Agreement with Cardinal Construction, Inc. changing the start date to April 1, 2011 and end date to January 1, 2012, and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-802. 135186 - Cole/Hart that "Resolution approving Real Estate Purchase Agreement with Shane D. Bohimann and Kathy R. Bohimann for the acquisition of 302 Jefferson Street in the amount of $90,500.00 plus miscellaneous costs up to $10,000.00, and authorize Mayor aid City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-803. 135187 - Cole/Hart that "Resolution approving Contract for Disaster Recovery Flood Insurace Reimbursement Program for A&S Petroleum, Inc. at 127 Jefferson Street, in the amount of $3,328.00, and authorize Mayor to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-804. 135188 - Hart/Schmitt that "Resolution approving recommendation of acceptance of amended bid from Per Mar Security Services of Cedar Rapids, Iowa in conjunction with Security Services for E. 5th St Ramp, E. Park Ave Ramp, West Side Parking Ramp & 4th St Bridge Walkway at a cost of $13.80 per hour -Submitted by Suzy Schares, City Clerk", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-805. 135189 - Hart/Schmitt that "Resolution approving the recommendation of acceptance of bid from Sandry Fire Supply, LLC of DeWitt, IA, in the amount of $176,640.00 for the purchase of Self Contained Breathing Apparatus (SCBA's) and rescind Resolution No. 2010-593 in its entirety -Submitted by W.D. Carter, Fire Chief", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-806. 135190 - Hart/Schmitt that "Resolution authorizing retention of Hall & Associates for representation in the matter entitled Iowa League of Cities V. United States Environmental Protection Agency for a fee not to exceed $25,000, and authorize City Attorney to execute agreement and other necessary documents -Submitted by James E. Walsh, Jr., City Attorney", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-807. Mayor Clark, this is in regards to the attorney that several cities have retained to represent us regarding several water issues. And to further litigate those issues in court. James Walsh, City Attorney, the idea is to combine forces so we all don't pay separate lawyers to get a fair interpretation of the flood water remediation rules that are coming down. These are potentially costing cities millions upon millions of dollars. They are being imposed regardless of whether the cities can pay for them or the taxpayers can pay for them. And we feel that the State of Iowa needs guidance legally in order to make sure these things are done in a September 7, 2010 Page 12 reasonable fashion. We save quite a bit of money when we litigated together over the cable franchise fees. And I think we're doing basically the same thing here. We're hiring one Des Moines, Iowa law firm and getting together and paying for our share of that one lawyer rather than having ten lawyers to have to litigate this. And .it provides the guy who has got more expertise and saves everyone money. Councilperson Schmitt, didn't I see that its not to exceed $25,000.00 in the documentation. Mr. Walsh, that's all that we are asking for and I'm not saying that's all it will be but we understand the budget and believe we can get through a year with that and come back if we need to. ORDINANCES 135191 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code by Repealing Subsection (416) Water Street of Section 551, Parking Prohibited At All Times On Certain Streets; and enacting in lieu thereof a new Subsection (416) Water Street of Section 551, Parking Prohibited At All Times On Certain Streets: No Parking on the south side of the 700 block of Water Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 135192 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 135193 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code by Repealing Subsection (416) Water Street of Section 551, Parking Prohibited At All Times On Certain Streets; and enacting in lieu thereof a new Subsection (416) Water Street of Section 551, Parking Prohibited At All Times On Certain Streets: No Parking on the south side of the 700 block of Water Street", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 5003. 135194 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code by Repealing Subsection (123) Vinton of Section 553, No Parking Here To Corner; and enacting in lieu thereof a new subsection (123) Vinton of Section 553, No Parking Here To Corner: No Parking Here To Corner on the east side of the 700 block of Vinton Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. Councilperson Schmitt, did that come to use from the neighbors? Councilperson Hart, I received a call from one of the neighbors in the area that there was parking by a business there and that they were absolutely having trouble being able to see around the corner. So we had code enforcement go out and they took care of the business but as far as being able to see around that corner its been a challenge when cars have been parked there. So I took the lady's comments that called me then I called Sandie Greco. They went out and found that it was a challenge for people to be able to see at that corner. 135195 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried, 135196 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code by Repealing Subsection (123) Vinton of Section 553, No Parking Here To Corner; and enacting in lieu thereof a new subsection (123) Vinton of Section 553, No Parking Here To Corner: No Parking Here To Corner on the east side of the 700 block of Vinton Street", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 5004. OTHER COUNCIL BUSINESS 135197 - Welper/Schmitt • • • • September 7, 2010 Page 13 that Change Order No. 1 for a net increase of $23,661.00 for work performed by Robert Hauptley Construction of Waterloo, Iowa in conjunction with F.Y. 2010 Removal and Replacement of the Aeration Equipment at the Satellite and Easton Avenue Water Pollution Control Facilities, Contract No. 788 -Submitted by Larry Smith, Superintendent of Waste Management Services, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135198 - Welper/Schmitt that Community Development Block Grant FY2010 Consolidated Annual Performance and Evaluation Report (C.A.P.E.R.)-Submitted by Rudy D. Jones, Community Development Director, be received and placed on file. Ayes; Six. Absent: Greenwood. Motion carried. 135199 -:Welper/Schmitt that Change Order No. 7 for a net decrease of $362.00 for work performed by Cardinal Construction, Inc. of Waterloo, Iowa in conjunction with New Fire Station #8 -Submitted by Debra Anderson, Building Official/Maintenance Administrator, be•received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135200 - Schmitt/Welper to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of One (1) 34. Ton Pickup with Aluminum Service Box, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135201 - Schmitt/Welper that specifications, bid document, etc. in conjunction with Purchase of One (1) 3/ Ton Pickup with Aluminum Service Box, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135202 - Schmitt/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase of One (1) 41 Ton Pickup with Aluminum Service Box", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-808. 135203 - Schmitt/Welper that "Resolution setting date of hearing on specifications, bid document, etc. and taking of bids as September 27, 2010 at 5:30 p.m. in the City Hall Council Chambers on the Purchase of One (1) .N Ton Pickup with Aluminum Service Box", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-809. 135204 - Schmitt/Welper to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of Two (2) Ton Pickups with Aluminum Dump Boxes, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135205 - Schmitt/Welper that specifications, bid document, etc. in conjunction with Purchase of Two (2) 34 Ton Pickups with Aluminum Dump Boxes, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135206 - Schmitt/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase of Two (2) 3/ Ton Pickups with Aluminum Dump Boxes", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-810. 135207 - Schmitt/Welper that "Resolution setting date of hearing on specifications, bid document, etc. and taking of bids as September 27, 2010 at 5:30 p.m. in the City Hall Council September 7, 2010 Page 11 Chambers on the Purchase of Two (2) n Ton Pickups with Aluminum Dump Boxes", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-811. 135208 - Schmitt/Welper to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Rental of Three (3) Motor Graders, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135209 - Schmitt/Welper that specifications, bid document, etc. in conjunction with Rental of Three (3) Motor Graders, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135210 - Schmitt/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Rental of Three (3) Motor Graders", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-812. 135211 - Schmitt/Welper that "Resolution setting date of hearing on specifications, bid document, etc. and taking of bids as September 20, 2010 at 5:30 p.m. in the City Hall Council Chambers on the Rental of Three (3) Motor Graders", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-813. 135212 - Hart/Welper to instruct Leisure Services Director to prepare bid document, specifications, etc, in conjunction with Riverfront Stadium Field Lighting Upgrade, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135213 - Hart/Welper that bid document, specifications, etc. in conjunction with Riverfront Stadium Field Lighting Upgrade, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135214 - Hart/Welper that "Resolution preliminarily approving bid document, specifications, etc. in conjunction with Riverfront Stadium Field Lighting Upgrade", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-814. 135215 - Getty/Hart that "Resolution setting date of hearing on bid document, specifications, etc. and taking of bids as September 27 2010 at 5:30 p.m. in the City Hall Council Chambers on the Riverfront Stadium Field Lighting Upgrade", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-815. 135216 - Getty/Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Rainbow Drive and Letsch Road Force Main, Contract No. 792, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135217 - Getty/Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Rainbow Drive and Letsch Road Force Main, Contract No. 792, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135218 - Getty/Schmitt • • • • September 7, 2010 Page 15 that `Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Rainbow Drive and Letsch Road Force Main, Contract No. 792", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-816. 135219 - Getty/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as September 20, 2010 at 5:30 p.m. in the City Hall Council Chambers on the F.Y. 2011 Rainbow Drive and Letsch Road Force Main, Contract No. 792", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-817. 135220 - Schmitt/Welper that "Resolution setting date of hearing as September 20, 2010 to approve request to rezone approximately 38.9 acres of land located at 4012 and 4428 Leversee Road, directly west of the Waterloo Regional Airport, from "A-1" Agricultural District to "M -2,P" Planned Industrial District -Submitted by Noel Anderson, Community Planning & Development Director", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-818. 135221 - Schmitt/Welper. that "Resolution setting date of hearing as September 20, 2010 to approve request of Lori Klingfus to sell and convey city owned property formerly known as 1604 Garden Avenue at a cost of $15,150.00 -Submitted by Chris Western, City Planner II", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-819. ORAL PRESENTATIONS 135222 - Freida Weems, first of all there were no agendas to accommodate all of the participants. The very first item that you had up obviously for discussion 1 don't know when it happened. I don't know when it was supposed to be allowed regarding the Human Rights Commission appointees. And given the gravity of your meeting two weeks ago regarding the issues surrounding the entire issue of the Human Rights Commission I am surprised and disappointed with this City Council that you didn't see it necessary or important that you open that up for discussion on the floor knowing that that was what was to be discussed today. Mayor Clark, could I ask you to state your name address? Ms. Weems, I will, I will. It's not required and I don't have to. Especially two weeks ago at the Human Rights Commission meeting an individual who is a founder of our Human Rights Commission, the reason we have a human rights commission. The individual who fought, literally fought, bleed and sacrificed time and family for this Human Rights Commission was not given consideration to become a commissioner at your urging you asked her to going your campaign based on her history. Based on her contributions to this community you asked her to come and play a part in the growth of the Human Rights Commission and the correcting of the ills that have been expressed long before your tenure. We have had issues with the Human Rights Commission probably for every mayor that has sat since it's founding here in Waterloo. So this is nothing new. And what's concerning me is we have the attitude and the thinking that surrounds this Human Rights Commission that its as if it is not important. And you being a former Police Officer and now the Mayor of the highest concentration of minorities in this state. Understand that especially that there is no time ever that this time we need more than any time a Human Rights Commission. You understand that when people feel violated or discriminated against and those protective classes in which I hope you all know what they are. Their last resort often times is an agency like the Human Rights Commission. Waterloo has that only distinction of having the only Human Rights Commission in this area, Some municipalities are so large they have EEOC, they have other agencies. We do not have that luxury. So you understand, if not you shou.'.d understand that that institution is extremely important. When people feel that they have been violated against and discriminated against under those circumstances and any kind of circumstances under the protective classes when they go to the Human Rights Commission that is often their last resort. And if that voice, if their voice is not taken or its quieted or that right is taken away from them or compromised. What we have, you know we've had all of the examples in our September 7, 2010 Page 1, national news across the board. We don't need that here in Waterloo. And you don't know what I'm talking about as of late, a couple of weeks ago a gentleman in Connecticut I believe it was, felt that he had been discriminated against and had no voice. He didn't know where to go. He took hostages and we know that did not end well at all for that gentleman. We can't afford not to have a operating, a functional, and a commission that is operable. We all agree there. When you, I don't know when you were going to allow for someone from the public to address that issue today knowing that that was an item of contention two weeks ago. Even your phone call to that individual in which we are speaking about, that founder of the Human Rights Commission. Your phone call indicated you had issues with it. Yet you didn't accommodate for any discussion or open it up to the floor. I stood twice to be recognized. Councilperson Hart saw me, everyone saw me. I stood back here to be recognized and I was not recognized. Even during the time that you recognized the two individuals that were awarded and the other two were not here. That is a violation of a citizen's right here in Waterloo, Iowa. Every individual here at the city council represents every citizen in this city. Personal agendas and political agendas have no business in this form. Have no business in this room. The only agenda that is important is the rights of the people of this city. And you are suppose to be, your suppose to protect the interest of those citizens. Everyone should be, we shouldn't even have to be here. If all was all good in the perfect world no individual should have to come here and voice their opinion if they knew that their representatives here in the city council were recognizing and had their best interests at heart. When people feel a room up that's usually not a good sign. That's usually a sign that they feel that their voices are not being heard or their issues have not been presented properly or whatever. This is very serious when we have someone. We want to at this time, I want to note that for a matter of record once again there were no agendas to accommodate this crowd. Mayor Clark, that is so noted. There is an agenda posted in the display case on the first floor. We try to get enough agendas up here. This is an unusually large crowd tonight. Ms. Weems, you anticipated that though didn't you because of some of the items that are on there? Just the items alone would substantiate a larger crowd than normal. When was the time going to be allotted for or opening up for discussion for the public for this particular item? Mayor Clark, right now. Ms. Weems, now you weren't going to open it up at the time the item was presented in the agenda? Mayor Clark, no. It was on the consent agenda and we don't normally unless I know before hand that there's going to be some conversation. Unless someone notifies me that they want to speak. I never disallow someone to come but no one notified me. Ms. Weems, and once again you did have reason to believe that there would be comments or questions or concerns regarding that item, correct? Mayor Clark, I did not. Ms. Weems, you did not? Mayor Clark, I did not. Ms. Weems, your phone calls to Anna Weems did not indicate that at all? Mayor Clark, no. Ms. Weems, you know anyone, anyone can manipulate laws or rules to better their agendas or personal agendas or political agendas or whatever. That's the easy thing to do. The difficult thing to do and the challenging thing to do and the real leadership comes from those who are able to protect the rights of others, follow the rules, have standards and policies in place and follow rules and still follow through. Mayor Clark, I couldn't agree with you more. Ms. Weems, I'm hoping that is the case. But what is demonstrated here today doesn't display that. I'm concerned about that you are aware that in your first couple of meetings this year there was an issue regarding the Human Rights Commission and the reports that have been requested. To date, well let me go back for those who may not have been present. At that meeting it was requested by the public that the number of complaints be reported, the disposition of the complaints be reported. This is before you took office, you didn't even know this or maybe you were there. Maybe you were present. The public asked for the • • • • September 7, 2010 Page 17 number of complaints that had been filed, the number of complaints that were still open, the number of complaints that had been closed, the disposition of those complaints, and the number of complaints that had been forwarded to the Iowa Civil Rights Commission or any other agencies such as EEOC. To date that was put in the minutes and that was a formal request. To date that has not been produced. Mayor Clark, I am not aware of that request. Ms. Weems, I wasn't present at that meeting. Mayor Clark, which meeting are you talking about? Ms. Weems, it was a city council meeting. You may not have been present. Mayor Clark, I don't recall. Ms. Weems, we'll go back and check the minutes. Mayor Clark, I will give you two more minutes please. Ms. Weems, I'm disappointed that. Well I'd hope you give me, would you appoint special privileges this afternoon or this evening for me to finish my address since you've already voted on the item? Is there any harm in that? Do you see any harm in that? In fact, mine is more reportive than a comment. I'd like to give you some reports. Mayor Clark, we have a policy. Ms. Weems, I understand your policy but there is also a policy, and I'm going to request that policy that ask for certain standards regarding that commission position. Mayor Clark, your asking me favors. Your asking me for special privileges. Ms. Weems, I'm not asking for special favors. Mayor Clark, it's very clear. Ms. Weems, well we've had our exchange so let me go ahead and get out my comment and then I'll -let you go ahead. Why don't you take note of the things I'm asking for and then you go ahead and follow up when I am finished, please. One, I am making note of the request that was made in the beginning of the year regarding the Human Rights Commission. Also, it was presented to the city council that there were issues with the Human Rights Commission especially with the employee. There was one specific employee that they have in the Human Rights Commission, Rebecca Johnson. Mayor Clark, we are not going to go there. Ms. Weems, this is in the minutes. It's in the minutes. Mayor Clark, I don't know that. Ms. Weems, how can you say that its not when you haven't seen them. You never understood that there was a concern about the Human Rights Commission? You've had this discussion with Anna Weems. What I am just saying is that you are aware and lets not even play dumb, you are aware that .there are concerns about the Human Rights Commission overall? Mayor Clark, we are not going to go there Ms. Weems. Ms. Weems, well let me make a statement. Mayor Clark, you have two minutes Ms. Weems. Ms. Weems, There are concerns, well there are others that want to hear me and if you don't let me finish I can't get it out. Mayor Clark, that would be fine too. Could you identify who wants to yield their time to you please? I see one. You have three more minutes please. Would you please state your name and address please? Ms. Weems, I will get to that when I get to that. It's more of a report I believe because now I'm really concerned about this whole process. We're requesting number one those reports that were requested number one those reports from the Human Rights Commission if not I just stated them. Two, we are requesting. September 7, 2010 Page 18 Mayor Clark, who is we? Ms. Weems, does it matter? It's someone from this party. I am standing here requesting it. Mayor Clark, then could you state your name and address for those that don't know who you are. Ms. Weems, well you know who I am. Mayor Clark, I know who you are but there are others who may not know who you are. Ms. Weems, I think everyone here in this council that doesn't know who I am. Councilperson Cole, I don't know who you are. Ms. Weems, you know who I am. Councilperson Cole, no I don't. Ms. Weems, I don't have to tell you who I am. Councilperson Cole, the rules of public participation is that you state your name and address and group affiliation (if appropriate). Ms. Weems, it just suggests. I don't have to give an organization if I don't belong to an organization. I'm just a citizen. I've been in this situation before and it resulted in a threat so I don't have to do that. The next thing that I am asking for is the policy and procedures surrounding the selection process with your commissioners' position. Also, we are asking that you know what given the circumstances. Those are the things that we want to request. I want to say this in closing, you being a former police officer you ran on the fact that you were a former police officer and you wanted to reduce crime. I now after today I understand Chief Trelka the criminal mind and why people are doing exactly what you are doing. They are trying to substantiate when they break the rules and don't adhere to policy they too are doing what you are doing. They try to find a way, well I've done this and I don't know this. They play the dumb role too. But it's no excuse. That's criminal, its criminal and we want those things. And we are requesting also the last thing is a formal investigation of that process of the appointments of the commission we want an investigation of the employee, the intake employee by the name of Rebecca Johnson regarding those complaints that were filed between the years 2009 and 2010. And we understand that those are available. And we also understand that there are complaints prior to those years that are also available. We want those investigated. If there was an employee in the sanitation department or any other department for the city there's double standards. Who produced like or did not produce like that city employee in the Human Rights Commission that person would not have their job. This is no reflection on the individuals who won't be served by the Human Rights Commission or by the people you deny being in that process for the commissioner. It's a reflection on this administration and the city council. It's a lack of leadership. That is a very concern of mine, that is a grave concern of mine because once again all of you despite the fact that you represent specific wards and everything, your specific ward, you still vote on issues that effect our city. And for you, with the exception of one person who had the courage to express their concern about this process I am now concerned that this is a conspiracy to undermine the efforts of this Human Rights Commission. There is no reason why a person, the founder of a commission was not considered to become a commissioner for this Human Rights Commission. So we want the reasoning, we want it substantiated immediately. And if you've already voted then that should already be available to us. And we should get it expeditiously so can you tell us when we will be able to receive that? Mayor Clark, no. Ms. Weems, are you going to? Mayor Clark, we will look into it. Ms. Weems, so what are you going to follow it up with? You'll look into it when? Your just going to tell us that? Mayor Clark, yes. Ms. Weems, are you going to look into it tomorrow? Mayor Clark, no. Ms. Weems, and why would that be? • • • • September 7, 2010 .Page 19 Mayor Clark, I will be in Chicago for the next three days. Ms. Weems, okay then is there someone else that's going to? You have a Mayor Pro Tem, Mr. Hart can you be looking into this matter? Mayor Clark, I will take care of this. I will refer it to our legal department, we will take a look at it, we will look at your allegations. Ms. Weems, who do you mean we? Mayor Clark, I will. Ms. Weems, and when will that happen? When you return from Chicago? Mayor Clark, yes. Ms. Weems, and will an investigation be? Mayor Clark, I will do the investigation. Ms. Weems, how can you investigate yourself? Mayor Clark, I am not investigating myself. Ms. Weems, yes you are. If you are a part of that process, you send out correspondence. And make cause. How can you investigate yourself? Mayor Clark, we are up to the five minutes. Ms. Weems, it should be an independent investigation given the fact that you have correspondence, haven't you? Mayor Clark, we will look into this matter. Ms. Weems, have you not written correspondence regarding this matter? Letters? Mayor Clark, no I don't believe I have. Ms. Weems, you've done nothing on the Human Rights Commission? Mayor Clark, I haven't written any letters regarding this. Ms. Weems, have you called anyone regarding this? Mayor Clark, yes. Ms. Weems, so how will you be able to investigate yourself? Mayor Clark, we are going to be done and we are not going to argue any further. Ms. Weems, this is why we are requesting the Department of Justice to come in because if this is the kind of leadership we have regarding our voice which we have a right to I'm concerned about the interest of individuals who are going to various departments such as the police department who may not have a voice. And that has been a matter of record. Getty/Welper that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 135223 - Getty/Welper that the Council adjourn at 7:06 p.m. Ayes: Six. Absent: Greenwood. Motion carried. City Clerk