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HomeMy WebLinkAboutMinutes-05/10/2004May 10, 2004 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, My 10, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Schmitt, Gunderson, Welper. Absent: Clark. Moment of Silence. Pledge of Allegiance: Boy Scout Troop 548 from the Church of Jesus Christ of Latter Day Saint—Sam Nyland, Ben Nyland, Caleb Nyland, Steven Vogel, Nathan Jacobi, Kodi Grimm, Michael Grimm and Scout Master Garrett Anderson. ORAL PRESENTATIONS 119843 - Mayor Hurley read a letter from the International Institute of Municipal Clerks Institute announcing that Nancy Eckert, City Clerk, has received her Certified Municipal Clerk status. Tom Hall, 1637 Lafayette Street, stated he was at the mayor's office today to request approval to hold a block party at 228 Hogle Street on July 4, 2004 from 10:00 a.m. to 9:00 p.m. Mr. Hall invited Mayor Hurley, Council Members, Chief Ned DeBerg, Chief Tom Jennings and city staff to attend the party. Mr. Hall stated there is no beer involved, but there will be music. Mayor Hurley responded that considerations and then Mr approval, maybe as soon as the City Clerk's office on agenda. there probably will be some formal inspections and . Hall's request will come before the council for next week. Mayor Hurley asked Mr. Hall to contact Friday to see if it has been placed on the council Marita Creighton, 416 Oliver Street and a student at Davenport, Iowa, stated she was involved in a car accident with her brother on Saturday. Ms. Creighton stated she feels one of the officers behaved inappropriately and asked what will be done so these acts of racism and crimination won't happen again with the Police Department. Mayor Hurley responded that he is familiar with this incident, and that it is under investigation, with part of the incident being reviewed at the Court House. Mayor Hurley reported that Police Chief Tom Jennings is having a meeting tomorrow with a couple of the principles. Mayor Hurley stated he is not ready to agree that there was racism involved, and there is a normal process for Ms. Creighton. Mayor Hurley asked Ms. Creighton to contact his office or the Police Department as there is a complaint form that can be filed. Ms. Creighton stated the complaint form could just sit on somebody's desk. She has lived here 27 years, and there have been no changes, people fill out paperwork and nothing is done. Tom Jennings, Police Chief, stated the process involves filling out the complaint form, the Police Department investigates and there is a written response within 30 days. Chief Jennings stated court and traffic proceedings could take 90 days. Ms. Creighton responded she filed a complaint on Saturday when she gave her statement. Chief Jennings stated the Police Department could use that statement. Ms. Creighton stated she will also fill out the complaint form. A resident asked about the estimate of damage and how the police came up with the $1,000 damage figure. Chief Jennings responded that the officer made the decision using the state code, and the charge was made based on the amount of damage. Ms. Creighton stated that two officers said the damage to the vehicle was under $1,000. Mayor Hurley asked Ms. Creighton to fill out the complaint form or the Police Department could use her statement, and then investigate. Chief Jennings stated Ms. Creighton could pick up the complaint form right after tonight's meeting. Ms. Creighton asked if any other statements were gathered at the time of the incident. Chief Jennings responded the Police Department does have information gathered that night. Mayor Hurley stated that this is not going to be settled tonight and asked Ms. Creighton to put her facts on the complaint form, and they will be investigated. A resident stated there needs to be a claim adjustor to look at the damage to the vehicle. Mayor Hurley stated that this will be decided in the court, not here. The resident stated she did not like the way the incident was handled. May 1, 2004 Page 2 Oral Presentations - continued A gentleman stated that the African American community is not satisfied and asked when are we going to sit down and do something about this. Mayor Hurley responded that there is a meeting tomorrow with Chief Jennings, Mrs. Smith and Reverend Mary Robinson. A gentleman stated that when there is an incident involving the Waterloo Police Department, the public is pretty much powerless. The same procedures have been used over the years and nothing has been done. He said we use the same idiotic procedures that have been around for years. These are just token procedures and token paperwork. A woman asked what is the procedure to get someone from outside to investigate the Waterloo Police Department, that the African Americans are not happy with the way the Waterloo Police Department handle things from the East High School homecoming incident to the recent shooting of a black man. Chief Jennings responded that the Department of Criminal Investigation is investigating the shooting incident. Mayor Hurley responded that as mayor he could that, but before he does that he wants to be convinced there was any wrong doing, and he needs an objective report. A woman stated the East High Homecoming report has not satisfied her, and that we will hit a point where it will all blow up. She stated we need to take care of this now. Belinda Creighton Smith, 416 Oliver Street, stated if Mayor Hurley is not going to attend tomorrow's meeting, she may not be there. Ms. Smith stated she is concerned because there were five witnesses, and they tried to get Officer Tim Frisch to listen to them. Ms. Smith stated that Officer Frisch only gave the driver of the vehicle a citation because she and her husband insisted a ticket be issued. Ms. Smith stated the police officers wanted to give her daughter at ticket for not be able to present the vehicle insurance card, and that she had the insurance information. Ms. Smith stated these victims were treated as if they had done something wrong. Ms. Smith stated the other couple was very loud, and nothing was done to them, but if it had been her she would have been arrested for interference with an officer. L.C. Smith stated when he got to the scene of the accident, he asked the officer why he didn't call for an ambulance right away. Mr. Smith stated the officer responded that his son did not want one, but his son did not say that. Mr. Smith stated the other lady was yelling and he said to the police officer if that were he, he would be arrested and the police officer responded don't tell him how to do his job, so he backed off. Ms. Smith stated the whole situation was not handled correctly, and that racism was involved. Brenda Creighton Smith stated she called the ambulance for her son from her cell phone. Ms. Smith stated she asked the officer why he didn't call for an ambulance, and he said that her son said he did not need one. Joyce Wilder, 226 Bates, stated that Officer Frisch is the same officer who arrested her, and that Officer Frost arrested her, and Officer Frisch badgered her. Ms. Wilder stated that at the jail house, Officer Frisch asked the deputy sheriff if was ready for this one. Ms. Wilder stated she filed a claim with the Iowa Civil Rights Commission, and the Waterloo Police Department falsified everything. Ms. Wilder stated her hand and arm are messed up, and she has had surgery on her shoulder. Ms. Wilder stated she will bring the letter from the Iowa Civil Rights Commission to Mayor Hurley. Ms. Wilder stated the Police Department reversed all her statements. Ms. Wilder stated she did not get arrested for disorderly conduct until she had sat there for six hours. Ms. Wilder stated she does not trust police officers, and she is tired of them harassing her and her family. Ms. Wilder stated she wants the Police Department to be right as police officers, if they want them to be right as citizens. Ms. Wilder stated that Lieutenant Daws wrote in a statement that she had something to do with the murder of an officer, and Lieutenant Daws had no right telling Officer Frisch. Ms. Wilder stated the police officers should work on all the unsolved murders instead of bothering her. Marita Creighton asked if Officer Frisch followed normal procedures. He never asked her any questions and didn't ask if everyone was okay. Ms. Creighton stated that Officer Frisch came back after the fact and arrested her brother at the hospital, and she asked is that normal procedure. • • May 1, 2004 Oral Presentations - continued Page 3 Delores Eubanks, 110 Candlewick, stated that two weeks ago police officers were at her home with a warrant looking for a white, female lady who has never been in her home. Ms. Eubanks stated there were police officers everywhere and they were banging on her door. Ms. Eubanks stated she talked to the shift commander, and he pulled the warrant up on the computer screen, and she saw everything about this lady. Ms. Eubanks stated the address on the computer screen listed 525 1/2 Fifth Street, and asked how did they come up with 110 Candlewick. Ms. Eubanks stated she does not want the police officers coming on her yard. Maria Wortham, 1505 West Fifth Street, stated it would be nice to nip all this in the bud so we can move on to other things. Ms. Wortham stated if there is no resolution, this is just the beginning of what will happen in Waterloo. Doris Roby, 303 East Arlington and an employee of KBBG, stated there is a serious problem with the Waterloo Police Department. KBBG has interviewed Chief Jennings to see if they have had training to deal with different culturals. Ms. Roby stated a couple of weeks ago, there was a problem with kids on East Fourth Street, the young people were out and the Police Officers just went to extremes. Ms. Roby stated she asked them then what kind of training they have had, and they said they are attending study circles. Ms. Roby stated these police officers have serious problems. Sylvia Smith, 1277 Ackermant, reminded everyone of Mayor Turner, and that Mayor Turner requested the Department of Justice investigate, and he was our best mayor. Ms. Smith asked why can't we have mayors with faith and guts enough to stand up for what is right. Ms. Smith stated Mayor Turner had the Police Department investigated. Ms. Smith asked as a community lets make our city a loving city. Ms. Smith asked Mayor Hurley to do the best to his ability. Welper/Gunderson that the above oral comments be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 119844 - Welper/Gunderson that the Agenda, as amended, for the Regular Session on Monday, May 10, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Clark. Motion carried. 119845 - Welper/Gunderson that the Minutes, as proposed, for the Regular Session on Monday, May 3, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Clark. Motion carried. Mayor Hurley read a Proclamation declaring the week of May 9, 2004 as National Police Week and May 12, 2004 as Peace Officer's Memorial Day. CONSENT AGENDA 119846 - Welper/Gunderson that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Communication from City Engineer transmitting request of Operation Threshold for a waiver for a concrete driveway to be located at 218 Halstead Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-297. 2. Communication from Police Chief transmitting request of Knights of Pythias to hold parade on June 12, 2004 starting at 2:00 p.m., with route to start at East 4th Street and Donald Street, down East 4th Street to Sumner Street, left on Sumner Street to Mobile Street, right on Mobile Street to the Knights of Pythias, 244 Ash Street. Resolution adopted and upon approval by Mayor assigned No. 2004-298. May 1, 2004 Page 4 Consent Agenda - continued 3. Communication from Police Chief transmitting request from 4th Street Cruise Committee to revise the 4th Street Cruise route on May 20, 2004 to allow cars from the west side to travel from Jefferson Street across the river on Fourth Street to Mulberry Street and return to Jefferson Street on Fifth Street. Resolution adopted and upon approval by Mayor assigned No. 2004-299. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of appointment of Merlin H. Schueller to the Memorial Hall Commission to fill unexpired term which will expire on December 1, 2004, with first full term to expire on December 1, 2007. 2. Carroll Kienol, Police Sergeant; David Mohlis Keller, School Resource Officer, to Investigators Annual Training in Rock Island, with costs not to exceed $1,131.00, including , Police Sergeant; and Willie attend Technical Accident Illinois on May 18-21, 2004, use of city vehicle. 3. Timothy Pillack, Police Captain, to attend Weapons of Mass Destruction Executive Level Training in Johnston, Iowa on June 21-23, 2004, with costs not to exceed $209.00, including use of city vehicle. 4 Mark McKinley, Crime Lab Investigator, to attend Crime Scene Photography Course in Johnston, Iowa on May 18-20, 2004, with costs not to exceed $359.00, including use of city vehicle. 5. Dave Boesen, Fire Marshal, and Arson K-9 Ebby to attend Arson K-9 Recertification in Bloomington, Illinois on June 28 -July 1, 2004, with costs not to exceed $535.00, including use of city vehicle. 6. Mohammad Elahi, Traffic Engineer; Randy Heiberger, Signal Technician Foreman; and Doug Eldridge, Signal Technician II, to attend Auto Scope Camera Detection Training Session in High Ridge, Missouri on May 18-19, 2004, with costs not to exceed $460.00, including use of city vehicle. c. Beer License Permit Application Class B Main Street Waterloo, Lincoln Park (6 months -5/28/04 thru 11/28/04) d. Beer/Liquor License Permit Application Class C Amvets Home, Inc., 32 Lafayette (Renewal) (Expires 5/13/05) (Includes Sunday Sales) e. Fireworks Display Application American Cancer Society, Waterloo Memorial Stadium on June 11, 2004 f. Vehicle For Hire Business License Application Metro Taxi, Inc., 835 West 5th Street Yellow Cab Inc., 110 West 4th Street g. Outdoor Service Area Application Main Street Waterloo, Lincoln Park h. Fireworks Display Application Lowell Elementary School on May 14, 2004 i. Theater License Application Mini Cinema 16, 315 East 4th Street Crossroads 12, 2450 Crossroads Boulevard Adult Emporium, 1507 LaPorte Road j. Bonds. Ayes: Six. Absent: Clark. Motion carried. HEARINGS 119847 - Schmitt/Cole that proof of publication of notice of public hearing on the request of Menards Inc. to vacate an utility easement generally located at the northeast corner of Hammond Avenue and San Marnan Drive, just south of Menard's Lumber Yard to make room for expansion, as published in the Waterloo Courier on April 30, 2004, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. May 1, 2004 Hearings - continued 119848 - This being the time and place of public and oral objections and there were none. Welper/Gunderson that the hearing be closed and Programming and Zoning Commission Absent: Clark. Motion carried. 119849 - Welper/Gunderson that "an Ordinance vacating an northeast corner of Hammond Avenue Lumber Yard", be received, placed time. Ayes: Six. Absent: Clark. 119850 - Welper/Kincaid Page 5 hearing, the Mayor called for written recommendation of approval of the Planning, be received and placed on file. Ayes: Six. utility easement generally located at the and San Marnan Drive, just south of Menard's on file, considered and passed for the first Motion carried. that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Clark. Motion carried. 119851 - Kincaid/Cole that "an Ordinance vacating an utility easement generally located at the northeast corner of Hammond Avenue and San Marnan Drive, just south of Menard's Lumber Yard", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Clark. Ordinance adopted and upon approval by Mayor assigned No. 4691. DOCUMENTS 119852 - Cole/Greenwood that communication from Fire Chief transmitting an application with the Department of Homeland Security Office for Domestic Preparedness for a Competitive Training Grant to fund a Regional Emergency Services Response Training Center, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-300. 119853 - Cole/Greenwood that communication from Police Chief transmitting Eastern Iowa Clandestine Lab Enforcement Mutual Aid 28E Agreement with various Eastern Iowa Law Enforcement agencies to call upon other members for exchange of assistance to disrupt and reduce the manufacture and distribution of methamphetamine and other illicit controlled substances in Eastern Iowa, be received, placed on file and "Resolution approving said 28E Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-301. 119854 - Cole/Greenwood that communication from Associate Engineer transmitting agreement with the Iowa Department of Transportation for Transportation Enhancement Program funding in the amount of $157,000.00, with city match of 20 percent, in conjunction with F.Y. 2004 Sergeant Road Trail Paving Project, Contract No. 668, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-302. May 1, 2004 Page 6 Documents - continued 119855 - Cole/Greenwood that communication from Associate Engineer transmitting an agreement with the Iowa Department of Transportation for National Recreational Trails Project funding in the amount of $203,245.00, with city match of 20 percent, in conjunction with F.Y. 2004 Sergeant Road Trail Paving, Contract No. 668, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-303. 119856 - Cole/Greenwood that communication from Airport Director transmitting an agreement with Sabre, Inc. to develop grant proposal for the U.S. DOT Small Community Air Service Development Program at a cost of 7.5 percent of said grant up to $43,000.00 if city is awarded the grant, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-304. RESOLUTIONS TO BE ADOPTED 119857 - Gunderson/Schmitt that "Resolution ordering flags on all city facilities to be flown at half-staff on Peace Officer's Memorial Day, May 12, 2004", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-305. 119858 - Gunderson/Schmitt that "Resolution setting date of hearing as May 24, 2004 at 5:30 p.m. in the City Hall Council Chambers on amendments to FY2004 Budget", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-306. ORDINANCES TO BE ADOPTED 119859 - Cole/Kincaid that "an Ordinance amending the 2001 Waterloo Code of Ordinances by repealing Subparagraph A, Bench Fees, of Section 7-2B-5, Bus Stop Bench Fees, of Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspection and Repair, of Title 7, Public Ways & Property; and enacting in lieu thereof a new Subparagraph A, Bench Fees, of Section 7-2B-5, Bus Stop Bench Fees, of Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspection and Repair of Title 7, Public Ways & Property (increase annual fee for bus benches to $25.00 to be made in two payments per year - April 1 and October 1)", be received, placed on filed, considered and passed for the first time. Ayes: Six. Absent: Clark. Motion carried. 119860 - Gunderson/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Clark. Motion carried. 119861 - Gunderson/Schmitt that "an Ordinance amending the 2001 Waterloo Code of Ordinances by repealing Subparagraph A, Bench Fees, of Section 7-2B-5, Bus Stop Bench Fees, of Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspection and Repair, of Title 7, Public Ways & Property; and enacting in lieu thereof a new Subparagraph A, Bench Fees, of Section 7-2B-5, Bus Stop Bench Fees, of Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspection and Repair of Title 7, Public Ways & Property (increase annual fee for bus benches to $25.00 to be made in two payments per year - April 1 and October 1)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Clark. Ordinance adopted and upon approval by Mayor assigned No. 4692. • • May 1, 2004 • • Ordinances to be Adopted - continued 119862 - Kincaid/Cole Page 7 that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (4) Adams Street of Section 551, Parking Prohibited At All Times on Certain Streets; and enacting in lieu thereof new Subsection (4) Adams Street of Section 551, Parking Prohibited At All Times on Certain Streets; and adding Subsection (Ob) Adams Street to Section 553, No Parking Here To Corner; and adding Subsection (0) Adams Street to Section 577, No Parking 6:00 p.m. to 5:00 a.m. (prohibiting parking on the north side of Adams Street from East 4th Street to Ankeny Street, no parking on the south side of Adams Street in the 200 block in an easterly direction from East 4th Street to the driveway, and no parking on the south side of Adams Street in the 200 block from the driveway to Linn Street from 6:00 p.m. to 5:00 a.m.)", be received, placed on filed, considered and passed for the first time. Ayes: Six. Absent: Clark. Motion carried. 119863 - Gunderson/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Clark. Motion carried. 119864 - Schmitt/Kincaid that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (4) Adams Street of Section 551, Parking Prohibited At All Times on Certain Streets; and enacting in lieu thereof new Subsection (4) Adams Street of Section 551, Parking Prohibited At All Times on Certain Streets; and adding Subsection (0b) Adams Street to Section 553, No Parking Here To Corner; and adding Subsection (0) Adams Street to Section 577, No Parking 6:00 p.m. to 5:00 a.m. (prohibiting parking on the north side of Adams Street from East 4th Street to Ankeny Street, no parking on the south side of Adams Street in the 200 block in an easterly direction from East 4th Street to the driveway, and no parking on the south side of Adams Street in the 200 block from the driveway to Linn Street from 6:00 p.m. to 5:00 a.m.)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Clark. Ordinance adopted and upon approval by Mayor assigned No. 4693. BILLS PAYMENT 119865 - Greenwood/Welper that "Resolution approving Schedule AP640, pp. 1-67, dated May 10, 2004, in the amount of $3,339,765.46, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-307. ADJOURNMENT 119866 - Welper/Greenwood that the Council adjourn carried. at 6:29 p.m. Ayes: Six. Absent: Clark. Motion `4\..01AA4A-A-la-.Q-4± Nancytickert, CMC City Clerk