03
Jan
2006
What does it say about Davenport's city council when three senior citizens, who have been active participants at its bi-weekly meetings for many years, are compelled to file a lawsuit in protest of the council's runaway spending, asking the court to intervene, barring any further action until the new council was seated on January 2?
On December 9, plaintiffs I.C. "Susie" Bell, Mary Bognar, and Elsie Isenberg filed a petition for writ of mandamus under Iowa Code 661, which states: "The action of mandamus is one brought to obtain an order commanding an inferior tribunal, board, corporation, or person to do or not to do an act, the performance or omission of which the law enjoins as a duty resulting from an office, trust, or station."
According to the plaintiffs' petition, the purpose of the writ "is to stop a capricious, argumentative, and arbitrary council," claiming the council "is trying to harm taxpayers and tie up the newly elected council for its upcoming two years."
Actions taken at the 11th hour of the outgoing council's term cited in the petition for either staying or reversing include : the sale of $36.1 million in bonds; approving the Prairie Heights "new urbanism" concept, whose guidelines have been rejected by more than 400 developers, causing lots within the development to be sold at less than market value to attract a developer; lack of factual data relative to the cost to taxpayers for the automated garbage collection; action on a new police station and the purchase of the Blackhawk Hotel before an impact study is completed, including a comprehensive environmental analysis and cost for cleanup because the proposed site for the police station used to be a car dealership with full garage services, and a gas/garage station with underground gas tanks where the hotel is located.
The petition also claims that the council stated it intended to pass as much of its agenda as possible before its term ended, even if it meant having special meetings to accomplish this.
Under these circumstances, these three ladies felt they had to try to stop this out-of-control council and its destructive spending before it did so much damage that these senior citizens could no longer afford their homes. If all the items passed, then the increase in taxes necessary to support them would cause a 50-cent increase per $1,000 of assessed valuation, putting not only these ladies, but many senior citizens and low- to moderate-income households, out of their homes and properties because they would no longer be affordable. Also included in the exorbitant spending policy of the administration and outgoing council are the new stormwater utility fee, and approximately $18 million in taxpayer subsidies for the Isle of Capri's new casino hotel, adding an unprecedented strain on Davenport's taxpayers.
These ladies were entirely justified in their fears because in the last three weeks of December alone, the outgoing council did precisely what it threatened. It held no less than six special city-council meetings at varying times of the day and with a minimum of public notice. Several of the meetings' agendas were revised at the last minute, including the last round of committee meetings, Committee of the Whole, and regular council meeting.
The special council meeting agendas included: executive session for strategizing labor negotiations (December 15, 12:30 p.m.); discussion of proposed schematic plan for Centennial Park by Hargreaves & Associates, and executive session to discuss purchase of real estate (December 15, 4 p.m.); executive session to discuss purchase of real estate (December 21, 6:30 p.m.); third consideration of rezoning of 57.83 acres south of 53rd Street and west of Eastern Avenue from A1 Agriculture to R3 PUD Moderate Density Dwelling Planned Unit Development for O'Rourke Brothers, third consideration for rezoning of 8.3 acres east of Eastern Avenue and south of 67th Street from R1 Low Density Dwelling District to R2 Low Density Dwelling District Planned Unit Development for Build to Suit, second consideration amending Municipal Code 2.62 governing the Levee Commission, and finally a resolution to award a $659,280 contract for construction of two city gateway features to Treiber Construction of Davenport with recommendation for "suspension of the rules and passage on second consideration" (December 22, 5:30 p.m.); third consideration amending Municipal Code 2.62 governing the Levee Commission (December 23, 8:30 a.m.); and public hearing and resolution awarding contract for Southwest Park (December 38, 4:30 p.m.).
Typically an agenda item or resolution requires three council considerations or votes during public meetings, and invariably take a minimum of six weeks to process through normal channels. During the council's final regular council meeting, it moved to suspend the rules and pass items as-is on 13 different agenda items listed that day!
As one can see, many of these items are curiously fast-tracked and as such, deserve far greater scrutiny. What possible justification could there be for fast-tracking the Centennial Park schematics by Hargreaves, or for awarding the contract for Southwest Park, or for the rezoning of the two acreages listed, or for amending the Levee Commission ordinance? Finally, what was DavenportOne's involvement, if any, in these items?
Hopefully, the newly elected council will implement damage control as quickly as possible. The integrity of this new council will rise to the surface, or not, with its leadership, management, and responsiveness to these perilous issues that the outgoing council so recklessly imposed both on it and the public.
According to the plaintiffs' petition, the purpose of the writ "is to stop a capricious, argumentative, and arbitrary council," claiming the council "is trying to harm taxpayers and tie up the newly elected council for its upcoming two years."
Actions taken at the 11th hour of the outgoing council's term cited in the petition for either staying or reversing include : the sale of $36.1 million in bonds; approving the Prairie Heights "new urbanism" concept, whose guidelines have been rejected by more than 400 developers, causing lots within the development to be sold at less than market value to attract a developer; lack of factual data relative to the cost to taxpayers for the automated garbage collection; action on a new police station and the purchase of the Blackhawk Hotel before an impact study is completed, including a comprehensive environmental analysis and cost for cleanup because the proposed site for the police station used to be a car dealership with full garage services, and a gas/garage station with underground gas tanks where the hotel is located.
The petition also claims that the council stated it intended to pass as much of its agenda as possible before its term ended, even if it meant having special meetings to accomplish this.
Under these circumstances, these three ladies felt they had to try to stop this out-of-control council and its destructive spending before it did so much damage that these senior citizens could no longer afford their homes. If all the items passed, then the increase in taxes necessary to support them would cause a 50-cent increase per $1,000 of assessed valuation, putting not only these ladies, but many senior citizens and low- to moderate-income households, out of their homes and properties because they would no longer be affordable. Also included in the exorbitant spending policy of the administration and outgoing council are the new stormwater utility fee, and approximately $18 million in taxpayer subsidies for the Isle of Capri's new casino hotel, adding an unprecedented strain on Davenport's taxpayers.
These ladies were entirely justified in their fears because in the last three weeks of December alone, the outgoing council did precisely what it threatened. It held no less than six special city-council meetings at varying times of the day and with a minimum of public notice. Several of the meetings' agendas were revised at the last minute, including the last round of committee meetings, Committee of the Whole, and regular council meeting.
The special council meeting agendas included: executive session for strategizing labor negotiations (December 15, 12:30 p.m.); discussion of proposed schematic plan for Centennial Park by Hargreaves & Associates, and executive session to discuss purchase of real estate (December 15, 4 p.m.); executive session to discuss purchase of real estate (December 21, 6:30 p.m.); third consideration of rezoning of 57.83 acres south of 53rd Street and west of Eastern Avenue from A1 Agriculture to R3 PUD Moderate Density Dwelling Planned Unit Development for O'Rourke Brothers, third consideration for rezoning of 8.3 acres east of Eastern Avenue and south of 67th Street from R1 Low Density Dwelling District to R2 Low Density Dwelling District Planned Unit Development for Build to Suit, second consideration amending Municipal Code 2.62 governing the Levee Commission, and finally a resolution to award a $659,280 contract for construction of two city gateway features to Treiber Construction of Davenport with recommendation for "suspension of the rules and passage on second consideration" (December 22, 5:30 p.m.); third consideration amending Municipal Code 2.62 governing the Levee Commission (December 23, 8:30 a.m.); and public hearing and resolution awarding contract for Southwest Park (December 38, 4:30 p.m.).
Typically an agenda item or resolution requires three council considerations or votes during public meetings, and invariably take a minimum of six weeks to process through normal channels. During the council's final regular council meeting, it moved to suspend the rules and pass items as-is on 13 different agenda items listed that day!
As one can see, many of these items are curiously fast-tracked and as such, deserve far greater scrutiny. What possible justification could there be for fast-tracking the Centennial Park schematics by Hargreaves, or for awarding the contract for Southwest Park, or for the rezoning of the two acreages listed, or for amending the Levee Commission ordinance? Finally, what was DavenportOne's involvement, if any, in these items?
Hopefully, the newly elected council will implement damage control as quickly as possible. The integrity of this new council will rise to the surface, or not, with its leadership, management, and responsiveness to these perilous issues that the outgoing council so recklessly imposed both on it and the public.
