HomeMy WebLinkAboutMinutes-5/22/2017May 22, 2017
The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers,
Waterloo, Iowa, at 5:30 p.m., on Monday, May 22, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,
Morrissey, Powers, Lind, Amos, Schmitt, and Welper.
Prayer or Moment of Silence.
Pledge of Allegiance: Tom Lind, Council Member At Large.
145456 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, May 22, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
145457 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, May 15, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
145458 - Welper/Schmitt
that the Minutes, as proposed, for the Special Session on Wednesday, May 17, 2017 at 4:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mayor Hart read a Proclamation declaring May 27, 2017 as 105.7 KOKZ Fourth Street Cruise Day.
Mayor Hart read a Proclamation declaring May 21 - 27, 2017 as Emergency Medical Services Week.
Mayor Hart read a Proclamation declaring May 21 - 27, 2017 as National Public Works Week.
Mayor Hart recognized Jim Rodemeyer, Interim Human Resources Director, for his services to the
City of Waterloo.
ORAL PRESENTATIONS
Jerry Schazer, 1829 West 7t' Street, commented that the earnings John Deere reported were due to
the hard work of union employees. He commented that people want to shop in Waterloo but they do
not want to live in Waterloo due to taxes and city image.
Jim Chapman, 224 Bertch, commented that he does not believe council should be allowed to request
funds for travel.
Randy Herod, 111 Highland Boulevard, commented the city should have an inventory list readily
available.
David Dryer, 3145 W. 4t' Street, requested that city employees provide a written report following
travel.
Mayor Hart commented that this is already taking place.
Mr. Morrissey commented that Friday'loo was cancelled last week and thanked local business
owners for donating to prizes for the event. The rain date is June 2°d
Mr. Jacobs announced that the Citizens for a Better Waterloo will meet tomorrow at 5:00 p.m. at
Westminster Presbyterian Church.
Mr. Powers commented that he wrote a personal check for his travel request approved last week by
council.
145459 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
May 22, 2017 Page 2
CONSENT AGENDA
145460 - Welper/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated May 22, 2017, in
the amount of $15,375,527.64 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. 2017-380.
2. Resolution rescinding Resolution No. 2017-316, resolution awarding bid in the amount of
$117,794.65 to Pritchard Auto Company of Britt, Iowa, for one (1) service truck for the
Sewer Department.
Resolution adopted and upon approval by Mayor assigned No. 2017-3 81.
3. Resolution re -setting date of bid opening as June 1, 2017 and date of public hearing as June
5, 2017 for salvaged asphalt crushing project and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-382.
4. Resolution re -setting date of bid opening as June 1, 2017 and date of public hearing as June
5, 2017 for the purchase of two (2) compact pickup trucks for the Engineering Department
and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-383.
5. Resolution approving request of Clarissa Kunz for a waiver for a concrete approach located
at 135 Midlothian Blvd., and approve eliminating the sidewalk section and using a stamped
pattern on the outer edge of the approach.
Resolution adopted and upon approval by Mayor assigned No. 2017-384.
6. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date
of bid opening as June 8th, 2017 and date of public hearing as June 12, 2017, for the FY
2017 East 5th Street Parking Garage Repairs, Contract No. 930, and instruct City Clerk to
publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-385.
7. Resolution approving request from John Deere Waterloo Operations to hold its annual 5K
run on Sunday, August 27th, 2017 from 8:00 to 10:00 a.m., starting and finishing at the John
Deere Tractor & Engine Museum, located at 500 Westfield Ave., with barricades at
Westfield Avenue and W. Commercial Street, Westfield Avenue and Fletcher Avenue, River
Road/W. Jefferson Street and W. Commercial Street, and W. Jefferson Street and Westfield
Avenue.
Resolution adopted and upon approval by Mayor assigned No. 2017-386.
8. Resolution setting a date of public hearing as June 5, 2017 for the sale and conveyance of
city owned property located near 751 West Donald Street to Walt Tournier, in the amount of
$264.10 plus costs, and authorize City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-387.
b. Motion to approve the following:
May 22, 2017
1.
2.
a.
10
M
Page 3
Travel Requests
Name & Title of
Class
New or
Expiration
Amount
Personnel
Class/Meeting
Destination
Date(s)
not to
Fraternal Order of Eagles,
A Liquor
New
6/30/2018
Exceed
Thad Childers/Lab
Annual
Kirkwood
July 24-25,
$270.00
Tech and Howard
Wastewater
Continuing
2017
Brooks/Operator
Conference
Education Center -
Hy -Vee #4, 4000 University
B Wine / C Beer / E
Cedar Rapids, IA
3/15/2018
X
Mayor Quentin Hart
Cedar Valley
Washington, D.C.
June 12-14,
$2,325.00
Scoreboard Bar & Grill, 814
Coalition
Renewal
2017
X
a
C.
Approved Beer, Liquor, and Wine Applications
Name & Address of
Class
New or
Expiration
Includes
Business
Renewal
Date
Sunday
Fraternal Order of Eagles,
A Liquor
New
6/30/2018
X
Waterloo Aerie 4764, 202 E.
1st Street * * Ownership
Update"
Hy -Vee #4, 4000 University
B Wine / C Beer / E
Renewal
3/15/2018
X
Avenue
Liquor
Scoreboard Bar & Grill, 814
C Liquor
Renewal
3/31/2018
X
La Porte Road
w/Outdoor Service
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration Date New or Re -
Appointment
Gregory Young Complete Streets None New
Advisory Committee
4. Bonds.
Mr. Lind questioned item 1A2 why the purchase was cancelled.
Sandie Greco, Interim Public Works Director, explained rescinding the resolution.
Roll call vote -Ayes: Seven. Motion carried.
Mayor Hart recognized Gregory Young as the newest member of the Complete Streets Advisory
Committee and thanked him for his commitment to serve.
PUBLIC HEARINGS
145461 - Schmitt/Amos
that proof of publication of notice of public hearing on FY 2018 Sidewalk Inspection and Repair
Program - Zone 7, as published in the Waterloo Courier on May 11 and 18, 2017, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried. (The title on the agenda was incorrect; it
should have read FY2017 Sidewalk Inspection and Repair Program — Zone 7, which is what was
published in the Courier).
This being the time and place of public hearing, the Mayor called for written and oral comments.
Larry Bedard, 1144 Lindner Drive, thanked Jerome Amos, Pat Morrissey, and Bruce Jacobs for
coming to take a look at the sidewalk that he has concerns about. Thanks to the work by Wayne
Castle and council, it was determined that only a tiny piece of sidewalk needed to be repaired.
Eric Thorson, City Engineer, explained that the code was adopted 28 years ago.
May 22, 2017 Page 4
Mayor Hart commented that there is flexibility to work towards solutions and if someone is not
physically able to express their concerns they can talk to their council members for assistance as
well.
Steve Reiss, 208 French Street, commented that he has a sidewalk to nowhere that is asking him to
repair and that he cannot afford the repairs.
Gloria Wickham, 2028 Mulberry Street, explained that there is a tree owned by the city that is lifting
up the sidewalk and that the repairs will cost approximately $7,000 and that she does not feel she
should have to pay for the repairs when the in the right of way is causing the damage.
Mr. Amos commented that he has received calls on sidewalks in his area and there are citizens that
want to meet with him about sidewalk repairs.
145462 - Schmitt/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
145463 - Schmitt/Amos
that "Resolution authorizing proposed repairs to sidewalk", be adopted. Roll -call vote -Ayes: Seven.
Motion carried.
Mr. Lind commented that he spoke to residents last year who had sidewalks to nowhere and that he
believes that there should be a variance for sidewalks to nowhere.
Resolution adopted and upon approval by Mayor assigned No. 2017-388.
145464 - Schmitt/Amos
that "Resolution adopting proposed resolution of necessity, as proposed or amended", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-389.
145465 - Lind/Morrissey
that proof of publication of notice of public hearing on FYE 2017 Budget Amendment, as published
in the Waterloo Courier on May 12, 2017, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments.
David Dryer, 3145 W. 4th Street, requested an explanation of movement of money from fund to
fund.
Michelle Weidner, Chief Financial Officer, explained that state law requires a public hearing to
amend the budget for over spending. Many of the amendments are to spend grants received in prior
years or to spend money from grants received.
John Sherbon, 1715 Robin Road, commented that he believes the city is using borrowed money and
that the item is very confusing to understand.
Michelle Weidner commented that the 2009 Build America Bonds are being refunded and replaced
at a savings of over $200,000. Bonds are sold at the end of the year and an estimate is figured 18
months ahead of time and there are a variety of factors that impact the reasons why a project is not
completed in the year it is planned. She further explained that funds are not being borrowed for
operations and that the public hearing is to get authorization to pay for capital projects for the rest of
the year.
145466 - Lind/Schmitt
May 22, 2017
Page 5
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
145467 - Lind/Schmitt
that "Resolution approving FYE 2017 Budget Amendment", be adopted. Roll -call vote -Ayes:
Seven. Motion carried.
Mr. Lind thanked Michelle Weidner for spending time explaining the budget amendment to him. He
clarified that money is borrowed prior to the start of the project and if the project is completed in
another fiscal year the budget has to be amended to allow the expenditures.
Resolution adopted and upon approval by Mayor assigned No. 2017-390.
Mayor Hart announced that the public hearing for the Salvaged Asphalt Crushing project was
cancelled due to the bid being rejected.
145468 - Morrissey/Welper
that proof of publication of notice of the sale and conveyance of city owned property located north
of 3488 Wagner Road, to Mathias Properties, LLC., as published in the Waterloo Courier on May
12, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
145469 - Morrissey/Powers
that the hearing be closed and recommendation of approval from Planning and Zoning Commission
be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
145470 - Morrissey/Welper
that "Resolution approving sale and conveyance of city owned property located north of 3488
Wagner Road in the amount of $30,000 plus up to $5,000 in city costs, to Mathias Properties, LLC.",
be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Mr. Schmitt requested an overview.
Noel Anderson, Community Planning and Development Director, explained that the city purchased
land in the area that has had high development activity in order to improve it for infrastructure. The
land will be sold for the cost of improvement.
Resolution adopted and upon approval by Mayor assigned No. 2017-391.
145471 - Morrissey/Welper
that "Resolution approving a Development Agreement with Mathias Properties, LLC for the sale and
rehab of property located north of 3488 Wagner Road and authorizing Mayor and City Clerk to
execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-392.
RESOLUTIONS
145472 - Amos/Morrissey
that "Resolution approving parking on the north side of the 200 block of National Drive from
Bellaire Road to the driveway of 236 National Drive during the construction and closure of Bellaire
Road", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-393.
May 22, 2017
145473 - Amos/Morrissey
Page 6
that "Resolution approving permanent easement agreement with Friends of the Faith Retirement
Homes, Inc. for the purpose of construction, maintenance and repair of a storm sewer related to the
W. 9th Street Reconstruction project", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-394.
145474 - Amos/Morrissey
that "Resolution approving a request by Crossroads Realty, LLC for the final plat of Crossroads Plat
No. 11, a five lot commercial subdivision located adjacent to 2060 Crossroads Boulevard", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-395.
145475 - Schmitt/Welper
that "Resolution approving a professional services agreement between the City of Waterloo and HR
Green Company for the former Chamberlain site redevelopment planning in an amount not to exceed
$60,000, and authorize the Mayor and City Clerk to execute necessary documents", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Mayor Hart commented that he had an opportunity to meet with the company that owns
Chamberlain about the contamination at the site and that this item is an opportunity for the city to
work out a productive way to use the site.
Mr. Schmitt questioned how close the project is to being completed.
Mayor Hart commented that the ground needs to be mitigated and this contract is to help mitigate the
damages and develop a plan for the site with Kansas State University through their expertise in
community development in brown field areas.
Noel Anderson explained that the report from HR Green looks at different ways to redevelop the site
and how that would need to be executed.
Mr. Schmitt questioned whose money will be utilized.
Noel Anderson explained that the $60,000 will be paid by the city. He further clarified that
Chamberlain is responsible for the mitigation but the city would be responsible for the development.
Resolution adopted and upon approval by Mayor assigned No. 2017-396.
145476 - Schmitt/Welper
that "Resolution terminating existing lease with Kristen Johnston and approving new lease with
Robby Wagner to lease eight (8) acres of city owned property along Bishop Avenue south of the
Blowers Creek drainage way for $600 per year for one (1) year with option to renew for one (1)
year", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mayor Hart stepped out at 6:36 p.m. and returned at 6:37 p.m.
Resolution adopted and upon approval by Mayor assigned No. 2017-397.
145477 - Welper/Amos
that "Resolution accepting proposal from Terracon for materials testing and construction observation
services in conjunction with the FY2017 Northeast Industrial Park Site Grading Project, and
authorize Engineering to execute said proposal", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Eric Thorson, City Engineer, explained that the cost will be less than $20,000 and paid for by TIF
Funds.
May 22, 2017 Page 7
Resolution adopted and upon approval by Mayor assigned No. 2017-398.
145478 - Welper/Amos
that "Resolution approving Renewal Agreement with Wellmark Blue Cross Blue Shield for fees
associated with administration, network access and stop loss and authorize Mayor and City Clerk to
execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Lind questioned if the insurance committee reviewed the renewal.
Jim Rodemeyer, Interim Human Resources Director, explained the cost for the renewal and
projected increases for next year and that it is affected by the amount of participation and claims.
David Dryer, 3145 W. 4d' Street, questioned the cost of the items #11 and #12, and if TIF funds will
be used for Item #11.
Mr. Jacobs questioned if the insurance was shopped around.
Jim Rodemeyer explained that Wellmark is the standard in Iowa for self-funded programs and
should be looked at in the future.
Resolution adopted and upon approval by Mayor assigned No. 2017-399.
145479 - Welper/Morrissey
that "Resolution approving a 2.65 percent salary increase for non -bargaining employees effective
July 1, 2017', be adopted. Roll call vote -Ayes: Four. Nays: Three (Lind, Schmitt, and Jacobs).
Motion carried.
Mayor Hart questioned how the percentage was figured.
Jim Rodemeyer explained that it is the same increase that bargaining employees will receive July 1
and is budgeted for the upcoming fiscal year.
Forest Dillavou, 1725 Huntington Road, commented that merit increases should be implemented for
non -bargaining employees.
Mr. Jacobs commented that the levy rate was lowered by one penny and does not know if the raise is
warranted.
Mr. Schmitt commented that citizens living on a fixed income did not receive a raise and that he
does not support the resolution.
Resolution adopted and upon approval by Mayor assigned No. 2017-400.
145480 - Lind/Morrissey
that "Resolution affirming the sale of and limiting the use of fireworks in the City of Waterloo, Iowa
during the period of June 30, 2017 to July 4, 2017', be adopted. Roll call vote -Ayes: Five. Nays:
Two (Jacobs and Lind). Motion carried.
Myke Goings, 1203 W. 2nd Street, commented that fireworks are a trigger for many people with
PTSD, autism, and other health issues. He expressed concern for property damage with allowing the
use of fireworks. He questioned if the council could look at limiting the time frame to July 4th and
restricting the time of day that fireworks could be used. He further stated that his preference would
be to see fireworks banned in Waterloo.
Mayor Hart commented that this was a situation where it was talked about at the state for many years
and was swiftly passed and is leaving cities trying to figure out what would be best. He further
explained that the resolution proposed would be a compromise for all the voices for or against
fireworks in Waterloo.
May 22, 2017
Page 8
Pat Treloar, Fire Chief, provided an overview the bill that the state passed and the public safety risks
of having fireworks usage within the city. He explained that other large cities are proposing banning
or restricting the use of fireworks. He further explained that the administrative rules for the law have
not been written yet but plan to be done in four weeks; the state is not yet taking license applications.
Mayor Hart questioned if the cities were given resources to deal with the change.
Pat Treloar explained that the city will see little financial gain from the law change and that it will be
a tax on the police department and fire department.
Phil Krogh, 535 Alpine Drive, explained that he suffers from PTSD and that banning fireworks
would be the best approach.
Mr. Welper commented that people have expressed opinions to him on both sides of the issue and is
willing to support the compromise the first year.
Mr. Schmitt questioned what Cedar Falls and Evansdale plan to do.
Pat Treloar stated he was unaware of what Evansdale is choosing to do, however Cedar Falls has
passed a resolution following the state law guidelines.
Mr. Schmitt questioned if the city will face additional challenges if this resolution passes while
neighboring communities do not chose to approve the same schedule.
Pat Treloar commented that Waterloo is different from Cedar Falls and that Waterloo should make
decisions that fit the community.
Mr. Schmitt questioned why the regulation of sale is included in the resolution.
Pat Treloar explained that sale would be restricted by zoning.
Mr. Schmitt commented that trash is an issue for discharging fireworks.
Pat Treloar commented that that would be a legitimate concern.
Dan Trelka, Police Chief, commented that they will need to re-evaluate after the dates.
Mr. Morrissey requested examples on where sales would be allowed.
Noel Anderson explained the locations where sales will be allowed and that parking would be
looked at as well.
Mr. Morrissey questioned sales out of vehicles.
Noel Anderson commented that those types of sales would not be allowed.
Mr. Morrissey questioned if fireworks are sold locally that use will increase.
Dan Trelka explained that he anticipates that use will increase regardless of what is approved.
Pat Treloar explained that he believes it would increase the use.
Mr. Morrissey commented that it seems contrarily that the sale would be allowed but that the use
would be limited.
Mr. Jacobs questioned why an all-out ban would not take place.
Pat Treloar commented that there is a lot of unknown and that he believes that a compromise would
be best but council could ban them too.
145481 - Lind/Schmitt
May 22, 2017
Page 9
To amend the resolution by limiting the use of fireworks to July 4, 2017. Roll call vote -Ayes: One.
Nays: Six (Jacobs, Morrissey, Powers, Amos, Schmitt and Welper). Motion failed.
Mr. Welper commented that he would like to see a reassessment of fireworks use in August.
Mr. Morrissey commented that he is opposed to the amendment and in favor of the compromise.
Pat Treloar commented that the city would need to revisit this as they will need to make a decision
on what happens for the December 10 through January 3, part of the law.
Mr. Powers questioned what happens if it rains on the 4th and are not able to shoot off fireworks and
people will be storing fireworks.
Pat Treloar commented that other communities have looked into having some use of fireworks past
the 4th, so that people will use them rather than store them.
Mr. Schmitt commented why the state and other communities went with July 8th
Pat Treloar commented that it could be possible; however he explained that most people he has
spoken with have stated they'd likely celebrate the weekend prior.
145482 - Powers/Amos
To amend the resolution dates of use from June 30th through July 8th. Roll call vote -Ayes: Two.
Nays: Five (Schmitt, Welper, Jacobs, Morrissey, Lind). Motion failed.
Mr. Morrissey commented that he would like to review fireworks use in August and is not in favor
of the amendment.
Resolution adopted and upon approval by Mayor assigned No. 2017-401.
145483 - Lind/Schmitt
that "Resolution establishing a local taxpayer bill of rights for residents of the City of Waterloo,
Iowa", be adopted. Roll call vote -Ayes: Three. Nays: Four (Morrissey, Powers, Amos and
Welper). Motion failed.
Mr. Lind read the resolution.
Randy Herod, 111 Highland, commented that whoever votes against the resolution should comment
on the civil rights matters they disagree with.
John Molseed, 519 Lafayette Street, explained that he is concerned about the resolution as it is top
down and that it comes from ALEC (American Legislative Exchange Council) and that it is
politicians trying to dictate how spending is done but that if citizens brought the resolution forth it
should be heard.
David Dryer, 3145 W. 4th Street, commented that he supports the resolution because the citizens
have asked for transparency, lower taxes and lower fees.
Mayor Hart commented that saying that the city is not transparent is a misleading statement and that
the city had over 20 budget hearings in 2016 and that information has been placed on city website,
and that the budget meetings this year were all on Saturdays and that the state requires all cities by
law to have hearings prior to levying taxes.
Jim Chapman, 224 Bertch, commented that he is in favor of the resolution.
John Sherbon, 1715 Robin Road, commented that he is in favor of the resolution and expressed
frustration that he has not had the opportunity speak at budget hearing meetings.
Bill Kammeyer, 525 Home Park Boulevard, commented that he supports the resolution.
May 22, 2017
Page 10
Tom Kneeland, 325 Cornwall Avenue, commented that he believes that the resolution has more to
do with Section 3 and Section 4 and believes that it is a good idea to have a super majority and
questioned if the city has ever had a rainy day fund.
Mayor Hart stated that in 2001 the city's reserves were at 5% and that it is currently at 20.5%.
David Deeds, 922 Mulberry Street, commented he believes the tax rate is just a symptom of other
issues within the City of Waterloo that are not being addressed, such as property valuations.
Jessica Young, 318 W. 3rd Street Apt. 1, commented that she does not support the resolution.
Larry Bedard, 1144 Lindner Drive, spoke in favor of the resolution.
Todd Obadal, 124 Amity Drive, spoke in favor of the resolution and that he believes that the city tax
rate is higher because home values are lower.
Mr. Welper stated that he does not support the item because it would make an impact on future
councils and limit their decision making in the future.
Mr. Amos explained that he researched the item and found that the resolution has had a negative
impact in other communities.
Mr. Morrissey questioned if it would be sixty percent or a super majority.
Mr. Lind commented that it would be five out of seven.
Mr. Morrissey questioned that if the resolution passes, would it result in a lower rating from
Moody's.
Mr. Schmitt explained why it would result in a higher rating from Moody's.
Mr. Morrissey commented that the tax levy rate is lower on the list for why people and businesses do
or do not move to Waterloo. He again questioned if the resolution would affect the Moody's rating
and bonding.
Michelle Weidner explained that she received a call from the bonding attorneys and they are very
concerned about the impact of the resolution on the bonds. She stated that the city and the attorneys
have a legal responsibility to notify investors about changes and that certifications have to still be
made. The attorneys are concerned about the lack of clarity in the resolution for `extra time' in
approving increases and what would be considered raising taxes, such as bonds. She also questioned
what excess revenue means. She explained that if reserves are returned, it will require increased
taxes to cover bills until property taxes come in.
Mr. Morrissey questioned what more needs to be done in terms of transparency prior to adopting
fees and taxes and questioned if a supermajority would be required for lowering taxes as well.
Mr. Jacobs questioned why council was not notified about a call from the bond attorneys today. He
further commented that people are leaving due to high taxes and that the he supports the resolution.
Mr. Schmitt questioned if council can go through the resolution item by item to discuss.
Mr. Powers commented that he does know how the return of reserves to tax payers would impact our
finances and bond ratings because it was explained in the work session that Moody's needs to see
50% reserves in order to get a AAA rating. He further noted Iowa Code §380, §76, §384 outline
how cities manage their finances, levy taxes, and manage debt and nowhere in the state code does it
say that a super majority is required.
Mr. Morrissey commented that the cost to run a city government is impacted by the continual
increase in the private sector, and insisting that tax rates go down while costs go up, does not make
sense.
Mr. Lind clarified that lowering the tax rate in the last two years was due to borrowing from reserve
and shifting general funds.
May 22, 2017
Page 11
145484 - Amos/Morrissey to take a 10 minute recess at 8:19 p.m. Voice vote -Ayes: Seven. Motion carried.
145485 - Schmitt/Amos to reconvene at 8:30 p.m. Voice vote -Ayes: Seven. Motion carried.'
Mr. Lind explained that they put, the item on the agenda to help run a more efficient operation and
force us to be more prudent in how the city operates.
145486 - Morrissey/Amos
To amend by changing resolution to be, "Resolution re -affirming the city of Waterloo as a
community with a long-standing history of reasonable taxation and monetary policies". Roll call
vote: Ayes: Three. Nays: Four (Welper, Schmitt, Lind, Jacobs). Motion failed.
Mr. Jacobs commented that he could not support the amendment because what is reasonable to one
may not be reasonable to another.
Mr. Lind commented that this is not an amendment to the resolution but rather a new resolution,
which should be ruled out of order.
Mr. Morrissey commented that a precedent was set in 2014 by Mr. Lind with a similar motion for a
new resolution, which passed.
Mayor Hart commented that a strategic plan was put together in February of 2017, and that plan,
which includes a success indicator, addresses numerous issues, including tax levys that are being
discussed tonight. Mayor Hart asked the City Clerk to weigh in on whether the proposed
amendment is an amendment, or if it constitutes a new resolution.
Dave Zellhoefer, City Attorney, clarified that he had a conversation with Mr. Morrissey that
amendments were possible, but that he had not seen this particular amendment, nor did he approve
it. He further explained that it is up to council whether to treat this as an amendment or not.
Kelley Felchle, City Clerk, concurred with Mr. Zellhoefer's opinion on having the council decide
how they'd like to handle this proposed change.
Mayor Hart commented that he'd like to take a vote on the original proposed resolution.
Mr. Amos questioned if both the resolution and the proposed amendment could be tabled.
Mr. Schmitt commented that the city's high tax rate is changing how people feel about Waterloo,
and how the city ranks in comparison to similar sized cities in Iowa.
Mr. Morrissey called the question
Mr. Schmitt added that he would be open to item by item discussion and if tabling the item for a set
time period to allow for work sessions, he would make a motion to do so.
Mayor Hart explained that an amendment has been put forth by Councilman Morrissey and would
like to move forward.
145487 - Schmitt/Jacobs
To table the resolution until June 26 and have a work session to discuss the provisions of said
resolution. Roll call vote -Ayes: Three. Nays: Four. (Morrissey, Powers, Amos, Welper). Motion
failed.
ORDINANCES
145488 - Schmitt/Amos
that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by amending Title 7
Public Ways and Property, Chapter 8 Leisure, Cultural and Arts Services, Section 5 Use of
Weapons, Fireworks, Subsection A, Weapons, Explosives, Fireworks, Etc., by prohibiting the use of
May 22, 2017
Page 12
fireworks on city property", be received, placed on file, considered and passed for the first time.
Roll call vote -Ayes: Seven. Motion carried.
Mr. Schmitt requested an overview of the item.
Pat Treloar explained that the ordinance cleans up the language to include prohibition of fireworks
on city property.
145489 - Schmitt/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
145490 - Schmitt/Amos
that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by amending Title 7
Public Ways and Property, Chapter 8 Leisure, Cultural and Arts Services, Section 5 Use of
Weapons, Fireworks, Subsection A, Weapons, Explosives, Fireworks, Etc., by prohibiting the use of
fireworks on city property", be considered and passed for the second and third times and adopted.
Roll call vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5400.
145491 - Morrissey/Powers
that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances, by repealing Title 5,
Police Regulations, Chapter 4 Convenience Store Security and enacting in lieu thereof a new Title 5,
Police Regulations, Chapter 4 Convenience Store Security", be received, placed on file, considered
and passed for the first time. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Lind, Schmitt).
Motion carried.
Al Manning, owner of Sub City, 3045 Kimball Avenue, commented on the cost to install new
camera and is opposed to the ordinance.
Trisha King, Eye of the Needle, 522 Mulberry Street, explained that she is opposed to her type of
business being required to have cameras because they provide a social service to families and that
they are not cash based.
Don Schare, Dairy Queen, 2719 University Avenue, explained that he does not support the
ordinance because he does not appreciate the intrusion on his and his customers' privacy.
Lori Dale, 1228 Independence Avenue, expressed that she is a resident who is against the ordinance
for the businesses.
Todd Obadal, 124 Amity Drive, explained he does not support the ordinance because he believes it
places an undue hardship on businesses.
Forest Dillavou, 1725 Huntington Road, explained that he believes that hotels and motels should
have been left in the ordinance.
Phil Krogh, 535 Alpine, questioned who decided on the technical specifications for the security
systems.
Lt. Greg Fangman explained that the technology was researched by Sgt. Cameron with additional
conversations with businesses currently using the technology.
Earl Kruz, Jim's BBQ, spoke in support of the ordinance as it had help solve a crime that happened
at his business.
Mr. Jacobs commented that he believes this would be a great program if it was a recommendation or
a guideline, but does not support it as an ordinance.
May 22, 2017
Page 13
Mr. Schmitt commented that he believes the ordinance should be set aside and does not support it
going forward.
Mayor Hart commented that when this item was originally brought forth, it was decided that
additional time was needed, to engage local business owners. He further questioned the outcome of
those conversations.
Mr. Schmitt commented that he was not aware of any that were in favor of it.
Mr. Powers commented that it seems it is more about the government interference rather than having
to have cameras. He further questioned if the parking lot cameras was a critical component to this
ordinance.
Lt. Fangman explained the reason for the outside cameras is to see the vehicles where a crime has
occurred.
Mr. Schmitt commented that the bulk of the businesses that attended the meeting were bigger chain
businesses but the complaints are primarily coming from smaller businesses.
145492- Lind/Schmitt
To table indefinitely. Roll call vote -Ayes: Three. Nays: Four (Welper, Morrissey, Powers, Amos).
Motion failed.
Mayor Hart commented that until there is some direction, there will not be much staff time put forth
on this item.
145493 - Morrissey/Welper
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: None. Nays: Seven (Jacobs, Morrissey, Powers, Lind, Amos,
Schmitt and Welper). Motion failed.
OTHER COUNCIL BUSINESS
145494 - Morrissey/Amos
approving Change Order No. 2 for a net increase of $109,888.00 for the FY 2016 Street
Reconstruction Program, Contract No. 898; and authorize the Mayor and City Clerk to execute said
document. Voice vote -Ayes: Seven. Motion carried.
Mayor Hart requested an overview on the item.
Eric Thorson provided an overview of the project.
ADJOURNMENT
145495 - Welper/Morrissey
that the Council adjourn at 9:29 p.m. Voice vote -Ayes: Seven. Motion carried.
kd&f_-494A�_
Kelley Felee
City Clerk