HomeMy WebLinkAboutMinutes-09/20/2010• •
September 20, 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 20, 2010. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper. Absent:
Hart.
Moment of Silence.
Pledge of Allegiance: Harold Getty, Ward 3 Council Member.
135263 - Welper/Schmitt
that the Agenda, as amended changing #16 to insert the date of public hearing,
adding #16a a motion to reconsider, and changing the wording on #19 to Sycamore
Street, for the Regular Session on Monday, September 20, 2010, at 5:30 p.m., be
accepted and approved. Ayes: Six. Absent: Hart. Motion carried.
135264 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, September 13,
2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Hart. Motion
carried.
Mayor Clark read a Proclamation declaring the 60th Anniversary of the Waterloo
Women's Civic Club.
CONSENT AGENDA
135265 - Welper/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. 1-59, dated September 20, 2010, in the amount of
$608,672.03, 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. 2010-838.
2. Request from East High School to hold annual Homecoming Parade on October
8, 2010 from 2:30 p.m. to 3:20 p.m., with route beginning at intersection
of High and Vine, proceeding to East 5th and Walnut, continue on East 5th
to Sycamore, right on Sycamore, right on East 4th, proceeding on East 4th
crossing Franklin returning to East High School using Lime Street -
Submitted by Daniel J. Trelka, Chief of Police.
Resolution adopted and upon approval by Mayor assigned No. 2010-839.
b. Motion to approve the following:
1. Request of Director of Hartman Reserve Nature Center for an exception to
the burning ordinance to burn approximately 26.3 acres of prairie grass
located in seven areas within Hartman Reserve Nature Center during the
period of October to December 2010, together with recommendation of
approval of Fire Chief.
2.
3.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Travis Nichols,
Construction
Foreman; Larry
Vogel, PMII
Construction
Certified
Playground
Safety
Institute
(CPSI)
certification
Davenport,
Iowa
October
11-13,
2010
Amend - ^�
$1,120.00
Rick Curran,
Leisure Services
Facilities
Manager
Certified
Playground
Safety
Institute
(CPSI)
certification
Davenport,
Iowa
October
11-13,
2010
Amend -
$700.00
September 20, 2010
4.
5.
6.
7.
8.
9.
10.
11.
Page 2
Cammie Scully,
Director of
Cultural & Arts
Commission; Kent
Shankle, Curator
Haitian Art
Conference &
pick up
donations to
collection
Pittsburgh,
New Jersey,
New York City,
Rhode Island,
Massachusetts
October
14-27,
2010
$5,330.00
Sergeant Aaron
McClelland
Sub -gun
Instructor
Recertification
Johnston, Iowa
October 8,
2010
$201.70
Sergeant Aaron
McClelland;
Officer Jim Noss
Firearms
Instructor
Recertification
Johnston, Iowa
October
13, 2010
$463.40
Sergeant Aaron
McClelland
Open Sight
Rifle
Instructor
Recertification
Johnston, Iowa
October
19, 2010
$246.70
Steve Jordan,
Fire Marshal;
Troy Luck, Fire
Inspector
Fire Inspector
I
certifications
Waukee, Iowa
September
27 -October
1, 2010
$947.75
Steve Grimm,
Part Time
Inspector
Health-
certification &
re-
certification
Cedar Falls,
Iowa
October 7-
8, 2010
$125.00
Lieutenant Frank
Krogh; Officer
Greg Erie
Taser: Use of
Force, Risk
Management
Seminar
Palatine,
Illinois
October
10-11,
2010
$331.76
Reserve Officer
Brian Harrison
AR15/M16
Armorer Class
Cedar Rapids,
Iowa
July 27-
29, 2010
$489.12
12. Request from Culture & Arts Director for authorization to increase the
hours of the current part time Preparator/Technician to full time -
Submitted by Cammie Scully, Waterloo Cultural and Arts Commission Director
Outdoor Service Area Application
13. Miller Sports Pub, 708 Jefferson Street
14. Bonds
c. Motion to deny the following:
Liquor License Permit Application
Class C
1. Wild Ice Lounge, 120 Sumner Street (New) (Expires 9/1/2011) (Includes
Sunday Sales)
Randy Soper, 1309 East Shaulis Road, I just wasn't sure quite why we were being
denied. I think there was an error in my application where I had clicked on-
line. If you had ever had trouble with the law before I thought it was
pertaining to felonies and I have not had any of those. I thought that was what
you were referring to not any other incidences. But I have several friends that
own bars in the community that have approached me through this process. The
first time I thought I did everything right but I made an error there. But I
don't have any felonies. The other thing is, you know we are just trying to
open up a club there. There was a club there before. I went there and visited
and had a good time. And there seemed to be no incidences. When I found out
that they had closed and it was available I took all of the steps to open it.
And I was going to be involved in the day-to-day operation. But other than that
I wasn't quite sure why I was being denied.
Daniel Trelka, Chief of Police, one of the questions on the application form is
whether you have been arrested, convicted or charged with any crimes. And when
we checked the record we found several. So that cause that we utilize for
determining denial of this license is not providing factual information on the
application process as well as a couple of other situations that came to light.
But the most critical one is the failure to list the charges, arrests and
convictions on the application.
Mayor Clark, Mr. Soper I appreciate your comments and certainly the Chief's. I
don't know how the council is going to vote tonight on this particular issue but
if it is denied tonight it doesn't mean its denied forever.
Ayes: Six. Absent: Hart. Motion carried.
PUBLIC HEARINGS
135266 - Schmitt/Greenwood• •
• •
September 20, 2010 Page 3
that proof of publication of notice of public hearing on F.Y. 2011 Rainbow Drive
and Letsch Road Force Main, Contract No. 792, as published in the Waterloo
Courier on September 17, 2010, be received and placed on file. Ayes: Six.
Absent: Hart. Motion carried.
135267 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Greenwood
that the hearing be closed. Ayes: Six. Absent: Hart. Motion carried.
135268 - Schmitt/Greenwood
that "Resolution confirming approval of 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: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-840.
135269 - Schmitt/Greenwood
that "Resolution ordering construction in conjunction with F.Y. 2011 Rainbow
Drive and Letsch Road Force Main, Contract No. 792", be adopted. Ayes: Six.
Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-841.
135270 - Schmitt/Greenwood
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review:
Bidder
Bid Bond
Bid Amount
Peterson Contractors, Inc.
Box A
Reinbeck, IA 50669-0155
5%
$146,700.00
Tschiggfrie Excavating Co.
425 Julien Dubuque Drive
P.O. Box 3280
Dubuque, IA 52004-3280
5%
$116,065.13
Ayes: Six. Absent: Hart. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-842.
135271 - Greenwood/Schmitt
that proof of publication of notice of public hearing on Rental of Three (3)
Motor Graders, as published in the Waterloo Courier on September 17, 2010, be
received and placed on file. Ayes: Six. Absent: Hart. Motion carried.
135272 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Greenwood/Schmitt
that the hearing be. Ayes: Six. Absent: Hart. Motion carried.
135273 - Greenwood/Schmitt
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Rental of Three (3) Motor Graders", be adopted. Ayes: Six.
Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-843.
135274 - Greenwood/Schmitt
that "Resolution authorizing to proceed in conjunction with Rental of Three (3)
Motor Graders", be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-844.
135275 - Greenwood/Schmitt
September 20, 2010 Page 4
to receive, file and instruct City Clerk to open and read bids and refer to
Superintendent of Central Garage for review:
Bidder
Monthly Lease
per Grader
Total Lease For
Total Period
Murphy Tractor & Equipment Co.
P.O. Box 2520
Waterloo, IA 50704-2520
$4,000.00
$48,000.00
Ayes: Six. Absent: Hart. Motion carried.
135276 - Getty/Welper
that proof of publication of notice of public hearing on Rezone from "A-1"
Agricultural District to "M -2,P" Planned Industrial District approximately 38.9
acres of land located at 4012 and 4428 Leversee Road, directly west of the
Waterloo Regional Airport to allow for potential building prospects, as
published in the Waterloo Courier on September 17, 2010, be received and placed
on file. Ayes: Six. Absent: Hart. Motion carried.
135277 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Welper
that the hearing be closed. Ayes: Six. Absent: Hart. Motion carried.
135278 - Getty/Welper
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 408 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the first
time. Ayes: Six. Absent: Hart. Motion carried.
135279 - Getty/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Hart. Motion carried.
135280 - Getty/Welper
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 408 to Section 2A-5, Rezoning Certain
Property", be considered and passed for the second and third times and adopted.
Ayes: Six. Absent: Hart.
Ordinance adopted and upon approval by Mayor assigned No. 5010.
135281 - Welper/Schmitt
that proof of publication of notice of public hearing on request of Lori
Klingfus for the sale and conveyance of city owned property formerly known as
1604 Garden Avenue at a cost of $15,150.00, as published in the Waterloo Courier
on September 17, 2010, be received and placed on file. Ayes: Six. Absent:
Hart. Motion carried.
135282 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Welper/Schmitt
that the hearing be closed. Ayes: Six. Absent: Hart. Motion carried.
135283 - Welper/Schmitt
that "Resolution authorizing said sale and conveyance; and authorizing City
Attorney to prepare and deliver deed accordingly", be adopted. Ayes: Six.
Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-845.
RESOLUTIONS
135284 - Schmitt/Cole
• •
September 20, 2010 Page 5
that "Resolution approving amendment to a contract with the Iowa Department of
Public Safety Governor's Traffic Safety Bureau for an Alcohol Incentive Grant
(410) in the amount of $31,950.000, with no required local match and authorize
Mayor to execute said document -Submitted by Daniel J. Trelka, Chief of Police",
be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-846.
135285 - Schmitt/Cole
that "Resolution approving Contract for the Disaster Recovery Flood Insurance
Reimbursement Program for Heartland Property Holdings, LLC. At 2072 Howard
Avenue, in the amount of $2,414.00 and authorize Mayor to execute said document -
Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Six. Absent:
Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-847.
135286 - Schmitt/Cole
that "Resolution approving a Joint Funding Agreement with U.S. Department of
Interior and U.S. Geological Survey for operation and maintenance of Cedar River
streamgaging station plus depth measurement of the effluent diffuser at the
Easton Avenue Treatment Facility at a cost of $9,700.00; and authorize Mayor to
execute said document -Submitted by Larry N. Smith, Superintendent of Waste
Management Services", be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-848.
135287 - Greenwood/Schmitt
that "Resolution approving completion of project, release of $4,899.10 retainage
and final acceptance of work performed by KWS Inc. of Cedar Falls, Iowa at a
total cost of $97,982.00 in conjunction with W, 18th/Williston and US
218/Washington Safety Improvements, CS -TSF -8155(706) -85 -07 -Submitted by Sandie
Greco, Superintendent of Traffic Operations", be adopted. Ayes: Six. Absent:
Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-849.
135288 - Greenwood/Schmitt
that "Resolution approving completion of project, release of $4,785.00 retainage
and final acceptance of work performed by Access Control Technologies, Inc. of
Des Moines, Iowa at a total cost of $95,701.00 in conjunction with Parking
Access and Revenue Management System (PARMS)-Submitted by Sandie Greco,
Superintendent of Traffic Operations", be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-850.
135289 - Greenwood/Schmitt
that "Resolution approving installation of street light on an existing wood pole
located on the curve in the area of the 1900 and 2000 block of E. Ridgeway
Avenue, and authorize City Clerk to notify MidAmerican Energy -Submitted by
Sandie Greco, Superintendent of Traffic Operations", be adopted. Ayes: Six.
Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-851.
135290 - Welper/Schmitt
that "Resolution approving acquisition contract with Howard L. Allen Investments
Inc. for the purchase of 123 Stanley Court for $650,000.00 plus $200,000.00 for
demolition and relocation expenses, and $10,000.00 for closing costs -Submitted
by Noel Anderson, Community Planning & Development Director", be adopted. Ayes:
Four. Nays: Two (Getty, Jones). Absent: Hart.
Councilperson Getty, I'm interested in the $650,000.00 is that the appraised
value?
Noel Anderson, Community Planning & Development Director, no this is an amount
that was negotiated with the applicants. The assessed value is about
$433,000.00. We did not have an appraisal performed on the property due to the
uniqueness of us working with them to try and move them for the Human Services
Campus development. So we did not have an updated appraisal.
Councilperson Getty, because before we always had it figured $120,000.00 is that
it?
September 20, 2010 Page 6
Mr. Anderson, for the San Souci buyouts we used a base value of 120 percent of
assessed value. This would be about 149 percent of the assessed value for this
property. Again, it was a matter of working with them. Later in the council
agenda you'll see that they are building a new million dollar building out at
the MidPort area to relocate from this. Also taken into consideration was that
originally we had this land here for the Human Service Campus for Operation
Threshold and the Food Bank. We moved the Department of Corrections to this
site. The city did receive $100,000.00 for the sale of some of the property.
Which is what prompted us to have to buy the trucking company to relocate them.
So we took that in consideration in the negotiating price.
Councilperson Getty, what kind of agreement do we have on this item? Mr. Allen
will rent from that Stanley Court after we buy it?
Mr. Anderson, it will be rented to him for $1.00 while he is building a new
building to move. By buying it and transferring title right away it enables the
Food Bank to move forward with some of their potential grants sources and tax
credits.
Councilperson Getty, so we are going to buy the property from him for
$800,000.00 and let him use it for $1.00?
Mr. Anderson, while he is building a new facility yes.
Councilperson Greenwood, you know as we've gone through the process of when we
bought the Expo ground in there and the San Souci buyouts we had a process. I
don't want to hobble the Food Bank up I just want to just tell I just don't
think it sets a good precedence that we buy a property at 149 percent of the
assessed value. At this late date I'm not going to throw the wrench in the
wringer here to stop it but I just want to make my feelings known that I'm not
real comfortable with this.
Resolution adopted and upon approval by Mayor assigned No. 2010-852.
135291 - Welper/Schmitt
that "Resolution approving Occupancy Agreement with Howard L. Allen Investments
Inc. for the use of 123 Stanley Court while new building is being constructed -
Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Ayes: Four. Nays: Two (Getty, Jones). Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-853.
135292 - Welper/Schmitt
that "Resolution approving Contracts, Bonds and Certificates of Insurance in the
amount of $797,600.00 with Prairie Construction Co., Inc. of Waterloo, Iowa 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: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-854.
135293 - Schmitt/Welper
that "Resolution encouraging the voters of Black Hawk County to support the
reauthorization of gaming at the Isle Casino Hotel Waterloo and vote Yes on the
November 2, 2010 ballot -Submitted by Mayor Ernest G. Clark", be adopted. Ayes:
Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-855.
135294 - Schmitt/Welper
that "Resolution setting a date of hearing as October 18, 2010 to approve the
issuance of not to exceed $10,000,000.00 in aggregate principal amount of
Midwestern Disaster Area Revenue Bonds (KNK Enterprises, L.L.C. Project) Series
2010, of City of Waterloo, Iowa; and authorizing the execution of a Memorandum
of Agreement -Submitted by Michelle Weidner, Chief Financial Officer", be
adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-856.
135295 - Schmitt/Welper
that request of Eva Culp to reconsider a resolution 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
• •
• •
September 20, 2010 Page 7
Street -Submitted by Noel Anderson, Community Planning & Development Director, be
received, placed on file and approved. Ayes: Six. Absent: Hart. Motion
carried.
135296 - 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 subject to
meeting all building codes and removal upon an ownership change -Submitted by
Noel Anderson, Community Planning & Development Director", be adopted. Ayes:
Six. Absent: Hart.
Eva Culp, 503 Gable Street, I am here concerning the incline there by 503 Gable.
As you look at the house its up on sort of an incline. And I put the handrail
in there for the winter months because snow and ice accumulate there. And there
have been several people that have fell. And I do not want anybody to get hurt
there so that's the purpose of the handrail and it's there for safety reasons.
And I do have handicapped people that live there. I've got a handicap sticker
myself, my daughter is handicapped and she stays at that residence. And my
grandmother is handicapped; she has a walker and a cane. So that's one of the
main reasons why the railing is there.
Councilperson Welper, I certainly don't want to hold up anything for someone
that has a disability so I'm certainly all for this. I just question is this
going to be built to code? And should you move will it be removed? Or is it
going to be there forever? I think that needs to be brought up that should you
move that needs to be removed as well.
Councilperson Schmitt, its already built right?
Mayor Clark, its there.
Councilperson Welper, I understand. If its not built to code which our Building
Department was questioning, if its not built to code it needs to be brought to
code. And should they move it needs to be removed.
Mayor Clark, part of the issue I think now is last week when it came to our
attention there was some question whether there was handicapped people living
there and so forth. So we are clear that that is the case. But we now have
somewhat of an issue of the handrail itself being built to the. specifications to
code. So I'd like our Building Official to speak to that. And then we have
another issue that if this should be granted then if you should move or sell the
house the handrail has got to go at that time, its not grandfathered in.
Debra Anderson, Building Official/Maintenance Administrator, I did not go out to
the site. From the pictures that I was shown it doesn't appear that it meets
code. It doesn't necessarily mean that it needs to have a building permit. So
it was though you needed a building permit but even though you don't need a
building permit you still need to meet the code standards. One of those code
standards is so that you can grip it and you can continue to grip without those
posts being in the way. That would be one thing. The height, you say up to 3 '-1
feet, code goes between 34 - 38 inches. Those were the two major ones. And I
don't know gripping wise because I didn't go out. So the other part is the
gripping because that is what you need when you are trying to keep yourself from
falling is to be able to grip on.
Mayor Clark, so I'm reading a little bit between the lines here council. And I
want to make sure I'm not putting any words in anyone mouth. If you chose to
approve this request could you do so contingent on Ms. Anderson going out and
checking on the railing? And if it doesn't meet code than Ms. Culp would agree
to bring it to code. Ms. Culp would you agree to that?
Ms. Culp, yes.
Councilperson Jones, also that it be removed should she move from the house. In
the current agreement its not written that way that railing would be following
the house.
Aric Schroeder, City Planner, I would note that the agreement that's currently
in there as with most agreements does run with the land so if the council does
choose to approve it but doesn't want it to be tied to this owner and therefore
be removed if this owner were to sell the property. Then the agreement would
need to be changed. What I would recommend if the council does choose to
approve it with such a condition is just to add that on as a condition of
approval and we would modify that agreement. Which would require the owner to
resign it again before the Mayor finally executes it.
September 20, 2010
Mayor Clark, is council okay with those recommendations?
does get approved tonight then you would be okay with Ms.
and make sure that you meet the code and then when you leave
be removed?
Page 8
And Ms. Culp if it
Anderson coming out
the railing has to
Ms. Culp, yes.
Resolution adopted and upon approval by Mayor assigned No. 2010-857.
ORDINANCES
135297 - Greenwood/Schmitt
that "an Ordinance amending the 2008 Traffic Code be Repealing Subsection (186)
Independence Avenue of Section 551, Parking Prohibited At All Times On Certain
Streets, of the 2008 Traffic Code, is hereby repealed in its entirety; that a
new Subsection (186) Independence Avenue of Section 551, Parking Prohibited At
All Times On Certain Streets (No Parking This Side on the north side of the 2200
block of Independence Avenue between Rampart Lane and Bishop Avenue)", be
received, placed on file, considered and passed for the first time. Ayes: Six.
Absent: Hart. Motion carried.
Councilperson Schmitt, did we notify all of the appropriate folks to that
change?
Sandie Greco, Superintendent of Traffic Operations, actual the owner of the
storage facility was the only one that was notified. He's the only one this
will effect.
135298 - Greenwood/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Hart. Motion carried.
135299 - Greenwood/Schmitt
that "an Ordinance amending the 2008 Traffic Code be Repealing Subsection (186)
Independence Avenue of Section 551, Parking Prohibited At All Times On Certain
Streets, of the 2008 Traffic Code, is hereby repealed in its entirety; that a
new Subsection (186) Independence Avenue of Section 551, Parking Prohibited At
All Times On Certain Streets (No Parking This Side on the north side of the 2200
block of Independence Avenue between Rampart Lane and Bishop Avenue)", be
considered and passed for the second and third times and adopted. Ayes: Six.
Absent: Hart.
Ordinance adopted and upon approval by Mayor assigned No. 5011.
135300 - Greenwood/Schmitt
that "an Ordinance amending the 2008 Traffic Code by Adding Subsection (lla)
Public Drive extending from Park Avenue to E. 3rd Street and lying between
Sycamore Street and Parking Lot #8 in back of the bus terminal, of Section 542,
One -Way Streets and Alleys (Change two-way drive to a one-way drive)", be
received, placed on file, considered and passed for the first time. Ayes: Six.
Absent: Hart. Motion carried.
135301 - Greenwood/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Hart. Motion carried.
135302 - Greenwood/Schmitt
that "an Ordinance amending the 2008 Traffic Code by Adding Subsection (lla)
Public Drive extending from Park Avenue to E. 3rd Street and lying between
Sycamore Street and Parking Lot #8 in back of the bus terminal, of Section 542,
One -Way Streets and Alleys (Change two-way drive to a one-way drive)", be
considered and passed for the second and third times and adopted. Ayes: Six.
Absent: Hart.
Ordinance adopted and upon approval by Mayor assigned No. 5012.
OTHER COUNCIL BUSINESS
135303 - Welper/Schmitt
to instruct Leisure Services Director to prepare Request for Proposal,
specifications, etc. in conjunction with Cedar River/Exchange Rubberized
• •
• •
September 20, 2010
Page 9
Surface, be received, placed on file and approved. Ayes: Six. Absent: Hart.
Motion carried.
135304 - Welper/Schmitt
that Request for Proposal, specifications, etc. in conjunction with Cedar
River/Exchange Rubberized Surface, be received and placed on file. Ayes: Six.
Absent: Hart. Motion carried.
135305 - Welper/Schmitt
that "Resolution preliminarily approving Request for Proposal, specifications,
etc. in conjunction Cedar River/Exchange Rubberized Surface", be adopted. Ayes:
Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-858.
135306 - Welper/Schmitt
that "Resolution setting date of hearing on Request for Proposal,
specifications, etc. and taking of bids as October 4, 2010 at 5:30 p.m. in the
City Hall Council Chambers on the Cedar River/Exchange Rubberized Surface", be
adopted and City Clerk instructed to publish notice of same.", be adopted.
Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-859.
135307 - Schmitt/Greenwood
that "Resolution setting date of hearing as October 4, 2010 to approve request
by Pat's Auto Salvage to vacate, sell and convey approximately 2.48 acres of
city right-of-way portions of Lowell Street and alleys near Mitchell Avenue for
$3,375.60 -Submitted by Noel Anderson, Community Planning & Development
Director", be adopted and City Clerk instructed to publish notice of same.
Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-860.
135308 - Schmitt/Greenwood
that "Resolution setting date of hearing as October 4, 2010 to approve
Development Agreement with Howard L. Allen Investments Inc. for a new
$1,034,470.00 building to be constructed in MidPort Industrial and Business Park
for $1.00 and offer 5 years at 50 percent tax rebates -Submitted by Noel
Anderson, Community Planning & Development Director", be adopted and City Clerk
instructed to publish notice of same. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-861.
ORAL PRESENTATIONS
135309 - Gerald Shatzer, 1829 W. 7th Street, my questions are how are you going to survive
to the city when you've got one of the highest property taxes going? Lets talk
facts. I have two friends. Ones involved in property. Their comments were
they're not only getting lower income people moving up their also getting higher
income people starting to move up. I have another friend who is in the housing
business. They said you know I'm going to retire things are getting so slow. I
know we get a lot of propaganda. And I know who puts it out. But I do know you
do not have a city here today if you do not lower your property tax. I wish you
all could've sat and saw IPBN (Iowa Public Broadcasting Network). I just happen
to catch it. And they were talking about cities like Waterloo. And you keep
taking money and then you dump the money back into the center of the city. But
you don't even do anything for your property tax holders. So what eventually
happens is people would move say out where the Isle is at. That becomes a new
city and this becomes nothing. Fact. And the last and final thing, I don't
know how your going to do it. But I don't think we can afford what we pay. I
know I had a friend in here and he was benevolent and I felt wanted to be loved
more than decision making but you can not afford to pay the wages your paying.
Now when you take into consideration of what the citizens are making they are
suppose to be your employer not your servant. And I think we've got things a
little backwards. By the way, congratulations for your election. Sometimes I'm
very proud of you and sometimes I get very angry.
Mayor Clark, just a comment before you go. Today people are real quick to point
out the inequities of our city and our high taxes and this that and so forth.
Forbes magazine named Waterloo, Iowa the 13th highest best place to do business
and to come and raise families. So we've got a lot of awfully good things going
for our city. We've got a housing developer that has agreed to start building
homes in our city. So we have some issues, no doubt about it, that we are
September 20, 2010
Page 10
working on but we've got a lot of very good things happening in our city. And I
just don't want you to leave the podium without me making my argument that we've
got a lot of good stuff going on also.
Mr. Shatzer, I accept that 100 percent but still if taxes don't come down its
not going to happen. In fact, I watched your Irish Days. Now who pays for the
police overtime? Who pays for that? Does that come out of property tax?
Mayor Clark, well it depends on if there is any police overtime. We try really
hard not to do that.
Mr. Shatzer, but if there is does that come out of property tax?
Mayor Clark, overtime for our police department comes out of the general funds,
yes. For whatever reasons.
Mr. Shatzer, so if you made money you dump it back in the general funds or do
you give it to downtown?
Mayor Clark, well it's a private enterprise so that's not city run.
Mr. Shatzer, thank you very much for your time. And yes I do take into
consideration of what you just stated. And I hope that in all reality becomes a
reality because I'm at the age where I don't know when I'm going to leave earth
but I'd like my wife to be able to sell our house and make a lot of money on it
too.
Frieda Weems, I'm just following up on the request that were made the last three
meetings regarding the complaint process. The complaints themselves. The
reports that were asked for from the Human Rights Commission. Those numbers
that you said you would produce. Also the follow-up on obviously the
disciplinary actions on the employees and the city council person. Obviously
something is not happening because Ms. Cole is here, Mr. Funchess is here and I
need to know if there is disciplinary action. Has that been taken? Or is this
under investigation? I need the name also of that independent investigating
body. Because we're being questioned and provide correspondence on voice mails
and you know the whole nine yards on that issue. And so we need to know the
entity that you have chosen or that has been chosen for the independent
investigation. Also we want to find out regarding the status of Ms. Johnson's
complaint within the Human Rights Commission. And also those procedures which
started all of this regarding the placement or the appointment of the Human
Rights Commissioner. And would you be able to produce those today? This is the
fourth meeting and we've not received anything.
Mayor Clark, you received a letter from me.
Ms. Weems, who did?
Mayor Clark, you should have.
Ms. Weems, why would I receive a letter? Well why would I get a letter and how
could you send a letter you don't know where I live.
Mayor Clark, I sent it to your mom's address which is the only address that I
have.
Ms. Weems, why would you send me a letter? When it's a public issue? I mean
its all clear the very first meeting that the fact that you weren't forth coming
with information and you weren't honest about information that you had exchanged
that this issue should be discussed in the public. So I don't know why you
would contact me personally when there are other individuals involved.
Mayor Clark, the letter that I sent to your mom's address in care of you
addressed the issues that have been placed in front of us. And that
investigation is complete and through as far as the city is concerned. There is
not going to be an independent investigation by an outside agency. The
investigation has been done by myself. And the questions that I felt pertinent
that were asked were answered. That's the end of our internal investigation.
Ms. Weems, how could you have done an investigation and we weren't contacted or
any of the individuals. We have voicemails, we have letters that you sent. How
can you have done an investigation? You didn't even have this information last
week. So how could you have done an investigation when you didn't even have
this information regarding an investigation?
Mayor Clark, you have my answer. The investigation is over.
Ms. Weems, I just want it far the record. I'm saying last time you didn't have
this information so how could you have conducted an independent investigation?
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September 20, 2010 Page 11
You weren't forthcoming with an investigation. And it was in the paper last
week so you've been doing an investigation these last several days and you've
had that finding without speaking to all of the other individuals that are
involved?
Mayor Clark, we are done. You've got your three minutes.
Ms. Weems, and so you don't have any other information for the public?
Mayor Clark, no.
Ms. Weems, and there's no action taken up on behalf of the individuals who
obviously shown misconduct as employees?
Mayor Clark, no.
Ms. Weems, none have been taken?
Mayor Clark, no.
Ms. Weems, no problem. And I understand that this is the very definition of
corruption. You do know what the definition of corruption is?
Getty/Cole
that the above oral comments be received and placed on file. Ayes: Six.
Absent: Hart. Motion carried.
ADJOURNMENT
135310 - Getty/Cole
that the Council adjourn at 6:23 p.m. Ayes: Ayes: Six. Absent: Hart. Motion
carried.
Suzy Scres
City Clerk