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HomeMy WebLinkAboutMinutes-09/13/2010September 13, 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, September 13, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Getty, Jones, Greenwood, Schmitt, Welper, Hart. Absent: Cole. Moment of Silence. Pledge of Allegiance: Mayor Ernest G. Clark. 135224 - Hart/Schmitt that the Agenda, as amended adding a presentation of Environmental Hall of Fame award to Mayor Clark and changing the wording on items 9, 9a, and 14, for the Regular Session on Monday, September 13, 2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 135225 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, September 7, 2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. Jessica Crouch and Anne Berry presented the Environmental Hall of Fame award to Mayor Clark. CONSENT AGENDA 135226 - Hart/Welper 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. 1-123, dated September 13, 2010, in the amount of $4,269,177.32, 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. 2010-820. 2. Request from West High School to hold annual Homecoming Parade on October 1, 2010 from 2:00 p.m. to 2:35 p.m., with route to start in parking lot at Easton Avenue to Baltimore, right on Baltimore to Ridgeway Avenue, then right on Ridgeway Avenue back to the parking lot off of Ridgeway Avenue - Submitted by Daniel J. Trelka, Chief of Police Resolution adopted and upon approval by Mayor assigned No. 2010-821. 3. Request of TNJ Construction, LLC for tax exemptions on improvements totaling $143,000.00 for property located at 2235-2237 Osage Avenue and located in the Consolidated Urban Revitalization Area -Submitted by Shane Graham, Planner II Resolution adopted and upon approval by Mayor assigned No. 2010-822. 4. Request of Cammie Scully for tax exemptions on improvements totaling $55,000.00 for property located at 605 Riverside Drive and located in the Consolidated Urban Revitalization Area -Submitted by Shane Graham, Planner II Resolution adopted and upon approval by Mayor assigned No. 2010-823. b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed 14 Law Enforcement Officers LEIN (Law Enforcement Intelligence Network) Conference Johnston, Iowa October 3- 6, 2010 $5,554.72 September 13, 2010 2. 3. 4. 5. 6. 7. 8. 9. 10. Page 2 Sgt Kerry Devine and Inv. Chris Morley International Association of Identification, Iowa Chapter Conference Marshalltown, Iowa August 30- September 3, 2010 $1,510.00 Sgt Rob Camarata and Officer Shawn Bram Transport of Bomb Squad incendiary devices Crasforsville, Arkansas September 16-17, 2010 $419.88 Debra Anderson, Building Official/ Maintenance Administrator ICC Annual Conference and Final Action Hearings Charlotte, North Carolina October 24-31, 2010 $2,610.00 Sergeant Robert Greenlee and Sergeant Melissa Ludwig Precision Driving Instructor Recertification School Johnston, Iowa October 13, 2010 $300.00 Sergeant Monty Frana and Officer Brian Hoelscher Open Sight Rifle Instructor Recertification Class Johnston, Iowa October 7, 2010 $493.40 Officer Eryn Hageman Advanced Collision Investigation School Johnston, Iowa September 27 -October 1, 2010 $384.12 Brian Baker, Chief Mechanical Inspector Performing Residential Plumbing Inspections Des Moines, Iowa September 14-15, 2010 $270.00 Tim Moyer, Chief Electrical Inspector Performing Residential Building Inspections Des Moines, Iowa September 14-15, 2010 $270.00 Probationary Police Officer Marc Jasper 237th Basic Academy Class Johnston, Iowa September 13 - December 17, 2010 $8,058.95 Beer License Permit Application Class C 11. Crossroads BP, 2035 E. Mitchell Avenue (Renewal) (Expires 9/30/2011) (Includes Sunday Sales) 12. Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 8/31/2011) (Includes Sunday Sales) Liquor License Permit Application Class A 13. Fraternal Order of Eagles Waterloo Aerie #764, 202 E. 15t Street, (Renewal) (Expires 6/30/2011) (Includes Sunday Sales) Liquor License Permit Application Class E 14. Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 8/31/2011) (Includes Sunday Sales) Wine License Permit Application Class B 15. Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 8/31/2011) (Includes Sunday Sales) Outdoor Service Area Application • • September 13, 2010 Page 3 16. Fraternal Order of Eagles Waterloo Aerie #764, 202 E. 1st Street 17. Bonds Ayes: Six. Absent: Cole. Motion carried. PUBLIC HEARINGS 135227 - Greenwood/Hart that Purchase of a New Fire Truck be postponed until a later date -Submitted by W.D. Carter, Fire Chief, be approved. Ayes: Six. Absent: Cole. Motion carried. 135228 - Getty/Welper that proof of publication of notice of public hearing on Request of Janet Kendall for the vacation, sale and conveyance of approximately 3,180 square feet of Maplewood Street right-of-way at the intersection of Maplewood Street and Riverside Drive located directly west and adjacent to 903 Riverside Drive at a cost of $1,633.00 and subject to a utility easement being retained over the entire area, as published in the Waterloo Courier on August 31, 2010, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 135229 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Janet Kendall, 903 Riverside Drive, it is my property. Because the house required a driveway off that street is being demolished there is no need for a road any longer the city will no longer have to maintain it. And I will take care of all the tree problems, debris and also stop the illegal dumping that happens at the end of the street. I'm excited about beautifying my yard and making it wonderful. Councilperson Schmitt, can we notify the rest of the neighbors. Are we going to be in the situation again where someone will say if they would have known that was available they would have bought it. Or where are we at on that? Noel Anderson, Community Planning & Development Director, the typical policy for the vacated streets is to offer it to the abutting property owners. This is the only abutting property owner as the house on the other side is purchased through the buyout program. Councilperson Getty, during the National Night Out I talked to some of the neighbors in the area too. Getty/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 135230 - Getty/Schmitt that "an Ordinance vacating approximately 3,180 square feet of Maplewood Street right-of-way at the intersection of Maplewood Street and Riverside Drive located directly west and adjacent to 903 Riverside Drive", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Cole. Motion carried. 135231 - Getty/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 135232 - Getty/Schmitt that "an Ordinance amending vacating approximately 3,180 square feet of Maplewood Street right-of-way at the intersection of Maplewood Street and Riverside Drive located directly west and adjacent to 903 Riverside Drive", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 5005. 135233 - Getty/Schmitt that "Resolution authorizing said sale and conveyance", be adopted. Ayes: Six. Absent: Cole. September 13, 2010 Page 4 Resolution adopted and upon approval by Mayor assigned No. 2010-824. RESOLUTIONS 135234 - Schmitt/Welper that "Resolution approving request of Eva Culp for an Encroachment Agreement for the purpose of allowing a 3 to 3.5 foot handrail to extend 16.5 feet into Gable Street right-of-way located directly in front of 503 Gable Street -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Two. Nays: Getty, Jones, Schmitt, Welper. Absent: Cole. Motion failed. Councilperson .Jones, that was recommended not be approved by Planning & Zoning department? Mayor Clark, that's my understanding is that the initial request came from Planning, Programming and Zoning Commission to approve it but when reviewed by our own staff they recommended a non -approval for that particular item. Noel Anderson, Community Planning & Development Director, that is correct. I just put on the screen here, in case you haven't had a chance to go out and see it, a picture of the site. The upper right hand picture shows the railing, its similar to a three-foot fence going out into the right of way. Typically from the actual built road out to the property line. In this case its 16.5 feet so they built it out too far so they are asking for an encroachment agreement further out from their property line toward the street. The applicants have noted that it's a bit of a slope there and so in the wintertime its sort of icy, which is why they built it. Staff was concerned about the precedence this consent as the applicants did not indicate any kind of a handicap, disability or anything like that for the need of it. The Planning, Programming & Zoning Commission did recommend approval. Mayor Clark, so how much too far is it out? Mr. Anderson, 16.5 feet. Councilperson Hart, you indicated the usage was for what? It was icy or what was the usage for? Mr. Anderson, those are what the applicants noted. In the winter time its icy. And again in the picture you can see there is a little bit of a slope there. So that's their purpose for why they built it so they could hold onto it. Councilperson Greenwood, how long has the fence been up? Mr. Anderson, that I am not sure. Councilperson Getty, and there is no handicapped people there you think? Mr. Anderson, correct. Councilperson Schmitt, that is far enough away from the intersection that that doesn't present a vision issue up there at the stop sign, correct? Mr. Anderson, correct. Its outside the normal. There's normally a 20' x 20' triangular vision from intersections so it is outside of that. I would also note that the standard encroachment agreement that we've used in items like this does state that if there is ever a need for some kind of city purpose to dig in that area that they would have to remove it at their expense. Councilperson Greenwood, same deal if like a snowplow goes by there? Mr. Anderson, and wings it? Correct they'd have to replace it. Councilperson Greenwood, its not our liability? Mr. Anderson, correct. Councilperson Getty, there's been several areas in town that we've had a fence is like this or a porch is built too close to the street. And we've had to give them a notice to have it taken down or tear it down because of the encroachment on city property. Councilperson Schmitt, so did we not have another instance like this where we did allow that? Mr. Anderson, I don't recall when we allowed a fence unto the right of way. There was some light poles that were partially in about a foot. A commercial • • September 13, 2010 Page 5 site that was and where it was an irregular right of way. But I don't believe there was any other fence ones where they went on the right of way this amount. Councilperson Schmitt, is that out at Crossroads? Mr. Anderson, yes. Councilperson Greenwood, there is one we had one on Arizona and Idaho? With the fence out there. Mr. Anderson, I think there has been a couple where its been a foot or six inches or less but none to this degree. Councilperson Jones, according to this encroachment agreement it would be allowed to stay and it would follow the .property not the current owner. So it would remain forever. Mayor Clark, I'm just curious if a permit had to be applied for and granted for this? Debra Anderson, Building Official/Maintenance Administrator, generally on an exterior like that we wouldn't necessarily need to have a permit for it but without looking at that closer it did not appear that it really is a graspable fence at the top which is what a handrail is for is to grasp if you were to slip. But I wasn't involved with this, so. Councilperson Jones, were any neighbors consulted on that? Mr. Anderson, there was no one present at the commission meeting, no, either of or against the item. Councilperson Getty, you said the commission voted against it? Mr. Anderson, they voted in support of it and staff recommended denial. 135235 - Schmitt/Welper that "Resolution approving recommendation of award of contract with Prairie Construction Co., Inc. of Waterloo, Iowa in the amount of $797,600.00 in conjunction with F.Y. 2011 Mark's Park Play Area and Performance Structure, Contract No. 773 -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-825. 135236 - Schmitt/Welper that "Resolution approving a Memorandum of Understanding with INRCOG in an amount not to exceed $2,500.00 to prepare a Federal Recreation Trails grant application for Cedar River Boating Center - Phase II, and authorize the Mayor and City Clerk to execute said documents -Submitted by Paul Huting, Leisure Services Director", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-826. 135237 - Hart/Welper that "Resolution approving Federal Recreation Trails grant application for Cedar River Boating Center - Phase II, in the amount of $750,000 with 20 percent cash match required, and authorize Mayor to execute said document -Submitted by Paul Huting, Leisure Services Director", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-827. 135238 - Hart/Welper that "Resolution approving request of Cardinal Construction, Inc. for a minor site plan amendment to the "R -4,R -P" Planned Multiple Residence District, "C -P" Planned Commercial District and "B -P" Business Park to allow for the development of a 10,000 sq. ft. office building upon Lot 1 of the Country Club Business Center 3rd Addition -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-828. 135239 - Hart/Welper that "Resolution approving a Memorandum of Understanding with INRCOG in an amount not to exceed $2,500.00 to prepare a Statewide Enhancement grant September 13, 2010 Page 6 application for improvements to Highway 63 Corridor, and authorize the Mayor and City Clerk to execute said documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-829. 135240 - Welper/Hart that "Resolution approving Statewide Enhancement grant application for improvements to Highway 63 Corridor, in the amount of $750,000.00, and authorize Mayor to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-830. 135241 - Welper/Hart that "Resolution approving Development Agreement with Cardinal Construction Inc. for construction of a 10,000 sq. ft. professional building located in the Country Club Business Center near the Ansborough Interchange, with $1.85 million value and tax rebates for ten years at 89 percent -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-831. 135242 - Welper/Hart that "Resolution approving Professional Services Agreement with Kueny Architects LLC for Phase I design work for the Public Works Project in an amount not to exceed $75,288.00 -Submitted by Mark Rice, Superintendent of Central Garage", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No, 2010-832. 135243 - Schmitt/Jones that request to reconsider resolution canceling 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 approved. Ayes: Six. Absent: Cole. Motion carried. Councilperson Getty, what happens if this fails? Is there any way that we can go back to the previous property owner? That we can send a bill or a statement? Mayor Clark, we are pursuing all of our legal options that are available to us to do that. Chris Wendland, City Attorney Representative, I am up to limited speed on this. The question is about the failure of this motion or if we have to take these assessments off the normal collection path they've been on then what do we do then? If the motion fails then this issue is dead and we have to analyze legal compliance issues created by that. If the motion passes and these assessments are withdrawn, essentially then we have to use other legal remedies available to us. The City Clerk and I talked about maybe prioritized based on the amount of money involved because you have to use a different legal proceeding since assessment on the property is not available. We would want to do something that is cost effective in light of how much money your seeking to collect. Suzy Schares, City Clerk, what this resolution will do is not assess it to the new owners but we will certainly go a different route. Councilperson Getty, that's the main thing I was concerned about was that we weren't just going to forget about it and it would be over with. According to the people in Des Moines and I think its just wrong to do that. Councilperson Greenwood, the folks on this list here are the new owners. Mayor Clark, yes. Councilperson Greenwood, and they did not do their due diligence or there were fees that had not been billed yet because of the delayed time in billing. So it ended up on their desk. So what our remedies are going to be is we're going to go after the people that owned the property previously. Atleast the ones that had the assessment. • • • • September 13, 2010 Page 7 Mayor Clark, and what the State has said is that we can't go back as we have always done in the past. Historically we've always once a year assessed those to the property and we can't do that anymore. Councilperson Schmitt, so this is basically going to cause us to expedite the process. Forrest Dillavou, 1725 Huntington Road, these bills that you are talking about are not bills of the property owners. They are bills of the people who lived in the property when the bills were incurred. Therefore sewer and garbage of the tenant of these properties. I think its totally wrong to charge the property owner in the first place. And the Iowa law evidently law makers found this out and said this isn't right for you people to continue to do that to the property is wrong. I do think you should go after the people who have been there that used the services and not the people that own the property. I am one of the people that did buy a place. I paid money to have the deed and abstract done and there was nothing on there. And then you folks decided to add that to this piece of property that I had purchased after I had purchased it. After I had paid to have the deed and abstract carried over. Mayor Clark, I think that is what the city recognized was that there was some inequities in that process. While I agree with you when there is a rental property involved, I don't think all of these are rental properties but maybe a majority of them are. But I think that is something else we need to take into account when we look at these and look at the billing process. Mr. Dillavou, well if I heard the clerk state it correctly she said that we were going to continue to charge the property owner. And in the case of rental properties I think you need to make some adjustments there and go after the people that use the service. 135244 - Schmitt/Jones 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-833. 135245 - Hart/Greenwood that "Resolution approving the acquisition of 1013 Lafayette in the amount of $22,500.00, 1021 Lafayette in the amount of $12,000.00; and 915-917 Lafayette in the amount of $58,000.00, all located in the Rath Brownfield Neighborhood plus $10,000.00 in closing costs -Submitted by Chris Western, Planner II", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-834. ORDINANCES 135246 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code Sections 161, 176, 179, 441, 459, 491 and 492 to clarify language and coincide with the Iowa Code seat belt laws", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Cole. Motion carried. 135247 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 135248 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code Sections 161, 176, 179, 441, 459, 491 and 492 to clarify language and coincide with the Iowa Code seat belt laws", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 5006. 135249 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code Sections 47, 58, 65, 66 and 427 to increase fines for certain offenses", be received, placed on file, September 13, 2010 Page 8 considered and passed for the first time. Ayes: Six. Absent: Cole. Motion carried. 135250 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 135251 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code Sections 47, 58, 65, 66 and 427 to increase fines for certain offenses", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 5007. 135252 - Hart/Welper that "an Ordinance vacating approximately 4,600 square feet of the Northeast corner of Vinton and Franklin Street" by request of Shane Feltz to vacate, sell and convey approximately 4,600 square feet of the Northeast corner of Vinton and Franklin Street for $1,150.00, be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Cole. Motion carried. 135253 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 135254 - Hart/Welper that "an Ordinance vacating approximately 4,600 square feet of the Northeast corner of Vinton and Franklin Street", be considered and passed for the third time and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 5008. 135255 - Hart/Welper that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-836. 135256 - 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" by request of 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, be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Cole. Motion carried. Councilperson Schmitt, last week we did have a number of citizens from the neighborhood. And I don't know if maybe someone would like to speak tonight. But I did talk to those folks about the complaints last week and I know they had a meeting with Mr. Bertch and those folks had their concerns answered. Bernie Hansen, 1005 Belle Street, Cedar Terrace Area, the basic concerns of the Cedar Terrace neighborhood is what impact further development of southeast Waterloo is going to have on the Sink Creek and watershed area. We have seen the flooding in the last two years in that area. Whereas, in the previous years there was never any flooding. I know a study was done on the Sink Creek area. I'd like to thank the city for what they have done during that flooding. And since that flooding I want to thank Gary Bertch for coming out and talking with us last week. But the main concerns we have is what the city would be interested in doing to do studies that's all for this area. Councilperson Schmitt, and let me just mention that the folks from Winston Place neighborhood that were here last week that raised questions that I was referring to not you folks from the Cedar Terrace. Mayor Clark, thank you for your comments and there has been a very extensive study done about that Sink Creek drainage area. We are hopeful to start addressing some of those maybe not all of those at once but some of those areas 1111 September 13, 2010 Page 9 of concern in the Sink Creek area. We are very cognizant of the areas and the problems that your having out there. 135257 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 135258 - 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 considered and passed for the third time and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 5009. OTHER COUNCIL BUSINESS 135259 - Greenwood/Schmitt that Change Order No. 1 for a net increase of $1,862.00 for work performed by Huff Contracting Inc. of Waterloo, Iowa in conjunction with 2010 Young Arena Expansion Project - Phase I -Submitted by Rick Curran, Leisure Services Facilities Manager, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 135260 - Getty/Greenwood that "Resolution setting date of hearing as September 27, 2010 to approve request of Dick and Don Hurst to vacate 16' x 142' (2,272 sq. ft.) of sanitary sewer easement in the Second Addition of Kenyon's Addition located directly north of 2102 Kimball Avenue -Submitted by Noel Anderson, Community Planning & Development Director", be adopted and City Clerk instructed to publish said notice. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-837. ORAL PRESENTATIONS Frieda Weems, I want to acknowledge Mayor of his phone call for a meeting which we declined obviously for reasons. Mayor Clark, could you state your name and address for the record? Ms. Weems, did you not just invite me to speak? Mayor Clark, yes but if you could state your name and address for the record please. Ms. Weems, my name is Frieda Weems and I will not give my address. Mayor Clark, just to let you know that if we don't have an address we have no place to send you anything. I thank you for giving us your name and atleast we now have that on the record and it will be there. Ms. Weems, after your call on Friday. We declined that meeting because based on your not honest about at the last meeting on September 7, 2010 when you said that you sent no correspondence and no voicemail and that kind of thing. I felt it very important for the people who don't know about this subject matter and who are concerned now that they know more about it. I thought that if they would be more informed at a public hearing being that you don't, your not the man of your word. You don't say what you mean, you don't own up to it. Mayor Clark, I would dispute that but continue. Ms. Weems, okay. So I just wanted to acknowledge that and that's why we declined your meeting for today. Mayor Clark, okay. Ms. Weems, the city council agenda is it customary or is it standard that when theres a request to be put on the agenda is it standard that you send that out to all of the department heads to the City Attorney or the law firm for the city? And to all council members? Is that a standard practice? Mayor Clark, I would say it's a case by case practice but its certainly not unusual for me to do that. September 13, 2010 Page 10 Ms. Weems, I mean is it standard practice? Mayor Clark, yes it is. I try to inform everybody involved. Ms. Weems, so everyone that puts in a request that request gets carried out through the department heads? Mayor Clark, generally speaking I try to notify as many people as possible about the content of the council agenda meeting. Ms. Weems, I'm just saying is it standard that the request be sent out? Mayor Clark, there is nothing written that is standard practice Ms. Weems, to the department heads, to all council members and to the law firm for the city? Mayor Clark, there is nothing written that is standard practice it is my practice that I try to notify as many people as possible. Ms. Weems, okay, thank you. I wanted to note the vote of last weeks September 7, 2010 regarding that I was concerned about it obviously for those reasons that I pointed out before. There were no agendas, people didn't know where we were on the agenda and so on and so forth. But what concerned me and I didn't get a chance to address it because of the exchange that was going back and forth. But I'm asking that that vote be rescinded totally for several reasons. One, the name Ron Wood was actually voted on an amended and voted on it on the exact same day at 4:55 p.m. if I am not mistaken at your city council meeting. Is that legal? To submit a persons name the same day, amend it to for a prior to be added to the names that were submitted August 23, 2010 and there were only three names with one slot available. And then at that vote it was voted that the names and the approval for those names be upheld for discussion for public hearing. Because there was a concern about the process, and procedure, and these names, and how the appointments came forth. So the council voted to uphold that vote for two weeks in order to have that discussion regarding that. Meaning public hearing, people needed something to, they wanted to give comment. But instead we come to the meeting and that went right through. And then we learned that there was a fourth name that had been added at 4:55 p.m. that same day with not that name Ron Wood was not posted. And I'm sure that's not legal because the other names prior to those three names before they had been submitted first for approval and then the following council meeting. How did Mr. Woods get amended at 4:55 p.m. put in on the agenda and then voted in. And then that process for the agenda itself was totally illegal and it was a conspiracy to make sure no one had comment. That there was no public comment regarding that actual name. Before the issue when we were talking about Anna Weems being left off that roster there were four slots available. Three names had been submitted for August 23, 2010. For two weeks that you were suppose to wait to have public discussion somewhere or someone decided that there should be another name added to this roster. It is an example that I want to give like city bidding for a contractor. If a bidder were to submit a bid and found out that his envelope had been opened or wasn't received in a properly time or some discrepancy that he brings to the attention you don't go forward and collect all of the rest of the bids and go forward with all the rest of the bids. You stop and assess and see where that problem was in that bidding process so that its legal. So that that did not happen last Tuesday. And so that wasn't allowed either. You didn't have any discussion. And you said and I asked you that you didn't think that this was going to be that there was going to be public discussion, public comment. Given the fact that that was why they held it up. So I'm concerned that but its illegal. And so I'm asking with that information that that entire vote. Those three names prior and since it was amended to their names those three names plus Mr. Woods name that whole vote be totally rescinded. And we go back to square one on this whole issue of the appointment and procedures. Which brings me to the point that we want to definitely have the production of those reports that we requested in January early on. And then also last Tuesday the reports from the Human Rights Commission. Especially the standards and procedures regarding and surrounding the appointment of the commissioners' position. We want those produced today, that should not be a problem to get. We want those today. And, or can the City Attorney comment on that vote at this point? Mayor Clark, I would be glad to comment on that if you would like. Ms. Weems, okay then why don't you let me get through this and then you can comment at the end. Mayor Clark, okay. Ms. Weems, next we want to make sure that back to that vote. Also, when the vote was being upheld there was a purpose for that and you were going to follow • • • • September 13, 2010 Page 11 up with finding out what happened. The process and procedure, that never happened. You never offered that up either. You just went ahead and voted for the names that had been added. You should have had some type of report following up on why the vote was upheld in the first place. So we want that, we still need that since the vote was abused and totally illegal. It denied all the individuals of their rights to comment on this process. And that last name being added totally illegal. Also, we have I'm asking that in addition to the independent investigation which we also want tonight the name of the entity in which you've identified that's going to do the investigation in which you've regarding those matters. We want to also add a possible investigation, not a possible investigation, an investigation into why a complaint was received by the city from Mr. David Meeks a former Executive Director sometime in July, actually July and in August, regarding Rebecca Johnson and her. Regarding those complaints, the handling of the complaints, several things. Several disturbing things regarding complaints. And tonight we have a couple of individuals here who actually are some of these people who's cases were damaged as a result of Ms. Johnson's handling these cases. There were many cases that were sent away, closed out, dead. People lost unemployment, people weren't able to get their jobs back because this is terrible on how this was handle in the Waterloo Human Rights Commission. Those complaints just sat. Mr. Meeks sent a letter, sent a complaint. Very detailed with an attachment and your nodding your heads so I'm sure your familiar with it. He also sent this to the Chair of the Human Rights Commission, Mr. John Amos also regarding Ms. Rebecca Johnson's tenure. And I'm wondering was there an investigation on this complaint and if so what were the findings? And if not why haven't these been investigated? And why is she still not on pay or she's not on leave or under investigation? Mayor Clark, would you like me to answer that? Ms. Weems, I'd like that answered tonight as well. Mayor Clark, just a minute and I will give it to you because I'm losing track of all of your requests. Ms. Weems, well just write it down. Your only going to give me, remember you put in the e-mail your only going to give me a certain amount of time. Mayor Clark, and it was up five minutes ago. Ms. Weems, okay well you wanted to meet. You wanted to meet before so I'm hoping that you'd be just as admirable listening to this information today. Its probably the same thing you would have had in the meeting today. Mayor Clark, I'm going to give you another six minutes Ms. Weems. Ms. Weems, okay. Also we would like, but you are keeping note that this is what we want? Mayor Clark, I did not get that no. Ms. Weems, we want the position on the disposition on the complaint that was filed. Mayor Clark, let me make a statement please. All of your requests, all of your demands that you have made from last week and tonight I'll be glad to look into but I want them in a form of a written request from you to me so we know exactly what your requesting. Your making many requests and no I'm not writing them down because quite honestly I can't write that fast. Ms. Weems, this is why this is recorded so I'm not going to do any further work. Just the fact that I'm coming here on my own time. This is why its being recorded. You have staff to do that and I'm sure you can keep up to do that. If not you can ask your office to call me and I'll help them with that list. How is that? The next thing is over the, after Friday we received a call and it was concerned that someone had. And I do have enough to pass out. Can I bring yours to you? Mayor Clark, you can just hand that up and we'll pass it around. Ms. Weems, this is disturbing because this is supposedly, this is an e-mail from Ms. Carolyn Cole from her e-mail address from VGM to Mr. Abraham Funchess to the Waterloo Human Rights Commission. And you can see what it says. She says this is one blog item you will want to read. This was two blogs that were extractulated regarding Anna Weems and the councilperson who voted no at last weeks city council meeting. If this has been, and it was also alleged that this was not only e-mailed to him to Waterloo Human Rights e-mail address it was printed out, copied and distributed to other commissioners and others that were present at that commission meeting. And I want confirmation now, we need to ask right now if this actually took place? If that is the case we are asking for September 13, 2010 Page 12 the immediate resignation of Mr. Funchess and anyone else that was an employee or city official that was present at that meeting who accepted that. Who was in receipt of that communication and did not object. Because we do understand that there were others who did object to this. And we are asking that they be retained. But if this is to be verified and confirmed we are asking for Abraham Funchess' immediate resignation. This is the very thing that Mr. Funchess is suppose to be protecting those that come to the Human Rights Commission from. And apprises them of their rights. Also it demonstrates that he has no sensitivity to anything that's important to that commission. That makes no sense, its misconduct in the first place. Also, if this is confirmed that it is truly Ms. Cole's e-mail address from VGM that she sent this to him. We are asking for her resignation from the council. That is total misconduct. They understood the sensitivity of this issue. And I told you people are desperate in these times especially in communities where the people are disenfranchised. And many times I have told you that that is the last resort for people who don't have funds to hire a private attorney to represent them and protect their civil rights. It is no joke. It is not suppose to be a party over there. We want immediate action on these issues with the Human Rights Commission. It is very serious. And I want your comment on this now if you wouldn't mind please. Mayor Clark, well Ms. Weems I would like to make a comment and that is why I called your mom. Or I didn't but my secretary did to try and have a meeting with you today sometime in the office to discuss this more civilly. I'm very disappointed that this whole issue has gotten to the point where it is. I don't know that in your lifetime and I'm not even sure in your mom's lifetime that you've ever had a mayor that is more concerned about Human Rights and Civil Rights than I am. In my 18 years as a Police Officer I worked probably 90 percent of that in the north end of Waterloo. I made a lot of really good relationships. I've owned four businesses in the City of Waterloo. Three of them have been on the north side of Waterloo. I live on the north side of Waterloo. I am completely committed to advancing Human Rights and Civil Rights in this city. And I could not compliment you and your mom more in the efforts that both of you have made to advance Human Rights and Civil Rights in the this City of Waterloo. I think this is a very unfortunate situation that's arisen. When we were without a Human Rights Director we did a search. I commissioned a group a people who did the interviews. Mr. Funchess scored very high in that process. And through interviews that I had myself, and Mr. Amos and our Human Resources Director Mr. Funchess came out on the end of that. And I continue to believe that while all of this has been brought up that Mr. Funchess is exactly the right person to lead our Human Rights. Ms. Weems, well this is insulting. I don't even want to hear anymore. That's insulting. We just saw where someone is totally been put down who is responsible for that. My mother literally was beaten, fought, picketed, the whole nine yards to bring that here. And for someone who just is not even of this community is new that gentleman came to my mother for assistance when he first got here. And for you to say that he's the one. The space shuttle when they, the first space shuttle that they built they had high hopes that it would go all the way up to the heavens and do what they said it would do. It blew up. This is not acceptable. And I don't want to hear any campaign speech about what you thing about civil rights or whatever. I'm going to go with what you stand for and what your laying out here. It's a bunch of, this is illegal. We're not talking about your hopes for this young man. No one had higher hopes for him than my mother. We are talking about what is illegal and what is misconduct. Clearly its not going to be accepted. Zero, zero, zero tolerance from our community. Mayor Clark, okay. I am asking you to please leave the podium. Ms. Weems, I'm not going to leave. Mayor Clark, your time is way over. Ms. Weems, I ask to yield to other peoples time because this is serious. Mayor Clark, nobody is asking for that. There are other people that want to speak. Ms. Weems, they do and they want me to take their time. Mayor Clark, okay that is not acceptable. You've been at the podium for 15 minutes. Ms. Weems, show me where I can't do that. Mayor Clark, it says it in our agenda. Ms. Weems, lastly because we want the production of the report. Lastly you said last week you hadn't sent any correspondence out and you hadn't done any of September 13, 2010 Page 13 those things. This is one of the letters you had sent. And it was actually a misrepresentation of what actually happened. The history is you asked my mother to play, you actually asked her first to help in the selection of the Executive Director. Mr. Springer actually asked, told my, informed my mother that a selection committee had already been put together. You then asked her to be a commissioner. Now your letter suggests otherwise. Mayor Clark, I would dispute that also. Ms. Weems, Mr. Jones' statement chairs the boards states that it is your recommendation to the board that they vote on. You stated it, was Mr. Funchess in the chair, Mr. Amos. They're saying one thing and I want to understand. We need those standards and procedures right now on what is going on. Mayor Clark, okay. You are not going to get anything right now. And I would really ask you to leave the podium. Ms. Weems, lastly. I'm saying that we need those, those items addressed tonight before we leave here. Because we asked for those last week and we're also asking for Mr. Springer to be investigated regarding Ms. Johnson and that complaint that he received in his office that is no move on it. Also, we are asking for Mr. Amos to resign as well. Mayor Clark, okay. Ms. Weems, and if anyone needs copies of any of this I have plenty. Mayor Clark, okay thank you Ms. Weems. Jerome Amos, Junior, 119 Ricker Street, I am the Chair of the Waterloo Human Rights Commission. Ms. Weems I am hearing you say all of these things and I am upset. I am truly upset because the things that you are hearing are not true. I don't know who has talked to you or anything else but they are not true. And I can tell you Mayor. I'm sitting here listening to these things and I am upset, totally. Mayor Clark, so am I. Mr. Amos, I'm sitting here listening to these things. Number one, Director Meeks filed a complaint. I received an e-mail August 3, 2010. On August 3, 2010 I contacted Director Funchess. I then contacted Councilman Hart. Okay, I ask Councilman Hart what direction should I take. He said it was the Mayor. Councilman Hart is a liaison to the Waterloo Human Rights Commission. I knew exactly what Councilman Hart question I did. I set up a meeting with the Mayor and Director Funchess. The Mayor turned those things over to you right away. My reply to the Mayor was Mayor I don't know what is going on but whatever it is if you need me let me know. That's where that sat. As far as this thing that was supposed to be put in from Councilperson Carolyn Cole I'm sure she did it. She has a right to her opinion and everything else I don't know all of the ramifications as to how it got where its gotten. Ms. Weems, it was sent. Mr. Amos, I'm not arguing with you on this. Mayor Clark, please Ms. Weems please. Mr. Amos, what I'm saying here is this is the packet that every commissioner got. There is nothing in this packet. And everyone of them got it. Nothing in there about Carolyn Coles e-mail. Where that was brought up at, and it was on record, Dustin Cox one of the commissioners was upset because it was sent out. And everyone of the commissioners agreed with him. We agreed with him that it was not right. But the bottom line is this commission is doing everything its suppose to do. And when you talk about those four people. We went through a process. There was a committee. All of these things happened. Ron Wood got called after the fact, okay. But Director Funchess sent an e-mail out. I'm just saying that these things that people are talking about are half truths. And they are. And people need to know and understand that this commission needs everybody in this community. That's what we are trying to do. To set up a commission that represents the entire city. And I am upset, I truly am. And if Ms. Weems should want to talk, then call me. Call me, nobody has talked to me. Nobody said anything and all I'm hearing is innuendos and rumors, I am sorry. Mayor Clark, thank you Mr. Amos. I know that your passionate about your position on the commission. And all of us are trying to work for the same amends and I appreciate your compassion. September 13, 2010 Page 14 Mike Allen, 411 Kenmore, I'm coming to you not with personal issues. I'm coming to you not just for individuals. I'm coming to you to say to you that first of all congratulations on you being nominated to the Hall of Fame. And there are certain criteria for you to be inducted into the Hall of Fame. You also have a Hall of Fame Human Rights person, a civil rights person sitting in this audience. And for me to sit up here, stand up here and say that she's not deserving to be part of the Human Rights because she brought human rights here and she's been part of the civil rights. Coretta King would rollover. Dr. Martin Luther King would rollover. Jim Crow would rollover. Judge Parker would rollover. All the kinds of people who have been brought to the City of Waterloo would not understand the decision in regard to not having Ms. Weems on the commission. Now I served on the commission and I know everything that we do is not going to be, how do I say it correctly. But I think in the future when you are looking at assignments and looking at certain things you probably need to take a look at how other things could support. And the reason why I say that to you as I close when I read your goals and objectives. And your goals and objectives is based on your mission statement. That's how that's developed. And you look at number seven, address changes in the public. Well see your going to need some resource folks, So resource background folks that understand the community. And so when you look at those kinds of things in the future and anything that your assigning to lets take a look at that. I am not blaming you I'm just saying that from a practical side of things, from the practical side of things you probably thought that was the way to go. So in the future just have a look at it because you look at resources and when they looked at you being appointed and your candidate and bring you to the Hall of Fame they listed the things that you have done very, very, very well. And they voted on it and you got it and I want to applaud you for that. But we also have a Hall of Famer right here. If there's a Hall of Fame of civil rights, a Hall of Fame on human rights and a Hall of Fame on community rights then Anna Mae Weems would be in those halls. Mayor Clark, I agree with you, absolutely. Mr. Amos, one of the things yes the Director and I decided not to include Ms. Weems as one of our commissioners but we also felt that it was important from a standpoint of her being a member of the community to ask her to be one of the members of the advisory board that we are trying to set up. We have other people that we have asked and they said that they would be honored to be on it. We are not trying to exclude her or anything else we just want people to know that. Mayor Clark, and for point of reference that was,.. Ms. Weems, the Human Rights Commission I don't know if anyone even understands its role, its purpose and how its structured. The Human Rights Commission has applied for its application that means it will be tied to the EEOC. There are specific goals, missions for that. You don't even need an advisory board. You have the federal law. You don't need an advisory board. Secondly, she didn't apply for it to be an advisor. You asked her to be a commissioner and it was about being a commissioner. The bottom line is I don't care about anybody's hopes and dreams and what they want to do for the community. There is no better qualified person than the person who saw fit to bring it here in the first place. If anybody else fought, died, spit and did all of that stand up. There is only one person here who has that aklade and that's my mother. You tell me, I want to know tonight what it was that these two men could actually get by and say she can't do it. He said it was because he wanted younger and that she has served before. That was the excuse given. When he found out she had not served before and that the other statement was discriminatory then what. Now what? Mayor Clark, thank you for your comments. LaTonya Graves, 607 East Donald Street, I just wanted to make a comment on the shooting that took place on Broadway Street in close proximity to another liquor store. And so it is my hope and prayer that we will not allow any more liquor stores. I'm for business, I'm not against entrepreneurship or anything like that but when we came before the council a couple of weeks ago and we read the report about the shootings and how it brings down the neighborhoods. That's just another example of what liquor stores do in our communities. Mayor Clark, for your information I've asked for a complete review from the Police Department as to where those individuals were prior to this incident taking place. And I also just today got a copy from our City Attorney on some suggestions as to how we could strengthen and maybe make more restrictive our approval of future liquor licenses. So its another thing that we are working on very diligently. We are trying to get our hands around to make sure that those things, as much as we can, to make sure that they don't happen again. Thank you Ms. Graves. 135261 - Getty/Hart • • September 13, 2010 Page 15 that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. Ms. Weems, what about the reports? Where they at? You said you'd do that. Don't try to bum rush this now. Mayor Clark, last week when you demanded the request then I told you that I would get you some answers sometime next week, meaning this week. I was gone on Wednesday, Thursday and Friday. Ms. Weems, no you didn't, you said you were going to Chicago. You just said now your going to get those to us. Mayor Clark, I said I would answer some of your questions as you stood there and you didn't let me and now I don't remember what they were. Ms. Weems, we want this issue addressed. Mayor Clark, I am not going to address any of your requests until I get a written request detailing what you would like. Ms. Weems, is that standard procedure? Mayor Clark, that is my procedure for tonight. Ms. Weems, and the investigation about the lying and the cheating and the whole nine yards. You can do what you want to do. Why do I have to put it in writing? Is that the law? Is the City Attorney here? Is that required for me to take action? You just said, and I was standing here that you were going to respond to those things I asked of you. In fact, that's why you allowed me to go through that. And I want you to address those things you said your were going to address. Mayor Clark, until I receive a written request then I will. Ms. Weems, unless you can show me that I have to do that and show me now so that I can produce that. Mayor Clark, you have to do it by my request. Ms. Weems, show me where I have to do that. Mayor Clark, I can not because it is my request. Ms. Weems, I don't have to do that. It was given to you in my oral presentation. This is being recorded, what is the problem? Are you not going to address those things that you said you were going to address? Mayor Clark, I told you many times no I am not going to address... Ms. Weems, you said before that you were going to address these things I said before we left. Where are the productions of those reports, what's the status, what's the independent entity that is going to do the pending investigation? Councilperson Greenwood, there is a record in the minutes for last week and there will be a record in the minutes for this week. Lets sit down and review them. The time is not now to do it but maybe we can look at it for you. ADJOURNMENT 135262 - Greenwood/Welper that the Council adjourn at 6:49 p.m. Ayes: Six. Absent: Cole. Motion carried. City Clerk