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HomeMy WebLinkAboutMinutes-11/13/2007• • November 13, 2007 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 Tuesday, November 13, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Brad Hagen, Airport Director. 126193 - Schmitt/Kincaid that the Agenda, as proposed, for the Regular Session on Tuesday, November 13, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 126194 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, November 5, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring November 11-17, 2007 as National GIS Week. Mayor Hurley read a Proclamation declaring November 11-17, 2007 as American Education Week. CONSENT AGENDA 126195 - Schmitt/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-23, dated November 13, 2007, in the amount of $4,425,146.73, 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. 2007-945. b. Motion -to approve the following: 1. Brian Hoelscher, Police Officer, to attend Open Sight Rifle Instructor School in Des Moines, Iowa on October 1-5, 2007, with costs not to exceed $502.00, including use of city vehicle 2. Thomas Sullivan, Police Officer, to attend Radar/Lidar Instructor Course in Pleasant Hill, Iowa on October 29 -November 2, 2007, with costs no to exceed $532.00, including use of city vehicle. 3. Louis Starks, Contracts & Grants Coordinator, to attend Phase I/II Environmental Assessment and Remedial Action Training in Des Moines, Iowa on November 27-28, 2007, with costs not to exceed $420.00, including use of city vehicle. 4. Melissa Ludwig, Police Sergeant, to attend 2007 Crime Victim Justice Conference in Des Moines, Iowa on November 7-8, 2007, with costs not to exceed $170.00, including use of city vehicle. 5. Shannon Farlow, Development/Marketing Director, to attend GEM$ Grant Writing Workshop in Cedar Falls, Iowa on October 30 -November 1, 2007, with costs not to exceed $150.00. 6. Greg Graveson, Police Officer, to attend Instructor for Crash Zone Computers Class in Waterloo, Iowa on November 13-16, 2007, with costs not to exceed $345.00. 7. Communication from Leisure Services Director transmitting recommendation of appointment of Dennis Oltrogge to the position of Park Maintenance II - Crew Leader, effective November 15, 2007. November 13, 2007 Page 2 Consent Agenda continued c. Beer License Permit Application Class B La Michucana, 1221 Franklin Street (Renewal) (Expires 11/11/08) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Barney's, 501 West 4th Street (Renewal) (Expires 11/13/08) Pharroh's, 1607 Sycamore Street (New) (Expires 10/23/08) (Includes Sunday Sales) e. Going -Out -of Business Sale Newton's Jewelry, 128 East 4th Street (11/14/07 - 12/31/07) Ayes: Seven, with Councilperson Schmitt abstaining on payment to him in the amount of $359.36 for reimbursement of Iowa League of Cities Conference. Motion carried. HEARINGS & BIDS 126196 - Getty/Gunderson that proof of publication of notice of public hearing on 2007 Riverfront Stadium East Concession Renovation, as published in the Waterloo Courier on October 24, 2007, be received and placed on file. Ayes: Seven. Motion carried. 126197 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Gunderson that the hearing be closed. Ayes: Seven. Motion carried. 126198 - Getty/Gunderson that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2007 Riverfront Stadium East Concession Renovation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-946. 126199 - Getty/Gunderson that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-947. 126200 Getty/Gunderson to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Bond Bid Amount Failor Hurley, Hudson, IA 5% $148,100.00 Michael Huff Construction, Cedar Falls, IA 5% $163,220.00 Prairie Construction, Waterloo, IA 5% $112,800.00 Tricon Construction Group, Dubuque, IA 5% $164,700.00 Ayes: Seven. Motion carried. 126201 Kincaid/Welper that proof of publication of notice of public hearing on 2007 Spring View Park Restroom Project, as published in the Waterloo Courier on October 26, 2007, be received and placed on file. Ayes: Seven. Motion carried. • • • • November 13, 2007 Hearings & Bids continued 126202 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Page 3 Kincaid/Welper that the hearing be closed. Ayes: Seven. Motion carried. 126203 - Kincaid/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2007 Spring View Park Restroom Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-948. 126204 - Kincaid/Welper that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-949. No bids were received for this project. 126205 - Welper/Kincaid that proof of publication of notice of public hearing on Asbestos Removal for 93 and 97 Vinton Street, Contract No. 129 -AR -11 -12 -07 -GO, as published in the Waterloo Courier on October 26, 2007, be received and placed on file. Ayes: Seven. Motion carried. 126206 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 126207 - Welper/Kincaid that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Asbestos Removal for 93 and 97 Vinton Street, Contract No. 129 - AR -11 -12 -07 -GO", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-950. 126208 - Welper/Kincaid that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-951. 126209 Welper/Kincaid to receive, file and instruct City Clerk to open and read bids and refer to Contracts and Grants Coordinator for review: Bidder Bid Amount Advanced Environmental Ayes: Seven. Motion carried. 126210 - Gunderson/Welper $109,430.00 that proof of publication of notice of public hearing on Waterloo Tree Inventory Project, as published in the Waterloo Courier on October 25, 2007, be received and placed on file. Ayes: Seven. Motion carried. November 13, 2007 Hearings & Bids continued 126211 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Page 4 Mayor Hurley reported that Steve Clabby called his office and left a message regarding this item. Mr. Clabby feels there is no doubt we need to deal with the tree disease situation, but his concern is that we would be spending $170,000.00 to identify and do an inventory of the trees, and he thinks that could be done with our own forestry and park people. He feels an ash tree is very easy to identify over the next year, year and a half, two years, three years whatever it takes. We can identify those ash trees and use the $170,000.00 to remove them. Paul Huting, Leisure Services Director, explained that a council work session was held some time back at which time Todd Derifield, our City Forester, spent a thorough amount of time explaining to council that we needed to move forward with a plan for better managing and accounting of our city trees. What precipitated this was the threat of the Emerald Ash Borer coming into this area. Mr. Huting reported he was at a conference in Indianapolis and its there now and its something that is going to take out the city's roughly 10,000 ash trees. We don't know how many ash trees we have, we don't know exactly how many street trees we have or trees in parks and on the golf courses. This is about counting all of the trees along the city streets, in the parks and on the golf courses. It will identify all species of trees, the condition of those trees, give us a baseline for loss control purposes and also will give us the software and the capability of creating another GIS layer for our system. This would be valuable for a number of entities to have these trees identifiable by GIS coordinates. Mr. Huting stated funding is not in place, but they have identified about $45,000.00 FEMA money that was reimbursed to the city for work done for the storm and the city has applied for gaming funds. The bids will be studied in detail, and they will come back to the council only when they have funding in place. Mr. Huting invited Mr. Clabby to stop by his office or Mr. Derifield's office and they can go through in detail what all is involved. Mr. Huting noted these are certified arborists who will come in force. The Engineering Department has the GIS capabilities, and his department would have to team up with them for the condition identification, and it probably would take six to seven years to do that in-house and at the expense of tree maintenance work that these same people would currently be doing. Gunderson/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 126212 - Gunderson/Welper that "Resolution confirming approval of Request for Proposal document, etc. in conjunction with Waterloo Tree Inventory Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-952. 126213 - Gunderson/Welper that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-953. 126214 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: • • • • November 13, 2007 Page 5 Hearings & Bids continued Bid Bid Bid Bid Bid Bid Bidder Option A Option B Option C Option D Option E Option F Arborpro $53,820 $18,200 $18,200 $ 5,000 $1,500 $2.99 Anaheim, CA MSA Professional Services Barbaro, WI Stratapoint, Inc. Rosemount, MN Daney Resource Group Columbia, MO Ayes: Seven. Motion carried. UNFINISHED BUSINESS 126215 - Cole/Schmitt $54,900 $21,350 $21,350 $19,560 $10,000 $3.05 $27,500 $11,000 $ 9,250 $ 2,400 $7,500 $1.50 $67,900 $23,500 $23,500 $ 7,700 $2,900 $3.35 that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $347,683.00 to KONE Inc. of Moline, Illinois in conjunction with Escalator Modernization at Five Sullivan Brothers Convention Center, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood commented that the completion date was struck out of the contract and asked what is the completion date. There is a large conference at the Convention Center that comes in the middle of May, and he would like to think it would be in place by the first part of May versus the end of July. Jim Walsh, City Attorney, suggested council approve the contract with a deadline date to be accepted by KONE. That will move this project forward and still be sure there is a definitive date that it will be done. Councilperson Cole noted there is also a large conference June 9-12, 2008, with Councilperson Greenwood noting that is the conference he was thinking of. Mr. Walsh noted that we may not know what the constraints were that Mr. Cutwright was working with. Council could approve it subject to that date being an acceptable date to the Convention & Visitors Bureau or to Mr. Cutwright. Councilperson Greenwood offered a friendly amendment to the motions for Items 6 and 8 to have the escalator installed on or before May 1, 2008. Following comments a vote was taken on Items 6 and 8 with the amendment that the escalator be installed on or before May 1, 2008. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-954. DOCUMENTS 126216 Cole/Schmitt that communication from Director of Cultural & Arts Commission transmitting Change Order No. 9 for a net increase in the amount of $770.00 for work to be performed by Cardinal Construction of Waterloo, Iowa in conjunction with Youth Pavilion Addition at Center For The Arts, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 126217 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $347,683.00 with KONE Inc. of Moline, Illinois in conjunction with Escalator Modernization at Five Sullivan Brothers Convention Center, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-955. November 13, 2007 Documents continued 126218 - Cole/Schmitt Page 6 that communication from Building Official/Maintenance Administrator transmitting Completion of Project and Recommendation of Acceptance of Work performed by Ram Building Renovation and Waterproofing LLC of Little Canada, Minnesota at a total cost of $73,325.00 in conjunction with Park Avenue Parking Ramp Renovation Phase I, be received, placed on file and "Resolution approving said documents", be approved. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-956. 126219 - Cole/Schmitt that communication from Senior Planner transmitting request of Audrey Fox for tax exemptions on improvements totaling $105,000.00 for 430 Quincy Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-957. 126220 - Cole/Schmitt that communication from Senior Planner transmitting encroachment agreement with Myrtle Brackin to allow an existing gravel driveway that encroaches approximately 8' into the public alley generally located south of 340 Lamont Street to be paved, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-958. 126221 Cole/Schmitt that communication from City Planner transmitting Development Agreement with AGM LLC (Accurate Gear) for construction of 17,500 square foot expansion to current site at 2864 Burton Avenue, just south of Airline Highway, including tax rebatements for five years at 50 percent of $330,000.00 new taxable value, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-959. 126222 Cole/Schmitt that communication from City Planner transmitting Development Agreement with J.J.B. Properties LLC (Financial Resources Advisors) for development of 8,000 square foot professional office building, with a new minimum taxable value of $2,008,750.00 on one acre site generally located along San Marnan Drive in the Country Business Center, with tax rebatements for six years at 100 percent and a 7th year at 52 percent, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-960. 126223 Cole/Schmitt that communication from Associate Engineer transmitting Supplemental Agreement No. 2 with Earth Tech, Inc. of Waterloo, Iowa to provide professional services in conjunction with F.Y. 2007 U.S. 63/Westfield Avenue Connection, Contract No. 730, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-961. • • • • November 13, 2007 Page 7 Documents continued 126224 - Cole/Schmitt that communication from Community Planning & Development Director transmitting Total Acquisition Contract with Bessie Cooper for property generally located at 116-118 East 8th Street at a cost of $35,000.00, with relocation expenses not to exceed $5,350.00 and incidental expenses not to exceed $2,000.00 in conjunction with Eastside Riverfront Housing Project, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-962. 126225 - Cole/Schmitt that communication from Community Planning & Development Director transmitting Total Acquisition Contract with Bessie Cooper for property generally located at 1218 Sycamore Street at a cost of $30,000.00, with moving expenses not to exceed $850.00 and incidental costs not to exceed $2,000.00 in conjunction with Eastside Riverfront Housing Project, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-963. ORDINANCES TO BE ADOPTED 126226 - Gunderson/Schmitt that "an Ordinance amending the 2003 Traffic Code by installation of stop sign on Lambeth Road at the intersection of Cadillac Drive", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reminded council that we ask our staff daily to go out and do things based upon national standards, based upon their experience. The Traffic Department did do traffic analysis, they checked this intersection and they have come back with a recommendation for a yield sign, but the final decision is up to the council. Tracy Schiefelbein, 3644 Cadillac Drive, reported she went around the neighborhood with a petition for a stop sign and everyone in the neighborhood signed it with no questions asked, and she also give a map to the City Clerk. She lives right on the corner of that intersection and sees everyday what happens there. She has 3 children, there are 17 kids who live in that neighborhood. There is a lady who teaches piano and she has several kids who ride their bikes to piano lessons and drop offs. There are a couple of grandparents who watch their kids. People come northbound on Cadillac and don't see it is a dead end. There is a dead end sign, but for some reason some people don't see it and they go flying down the dead end. They turn in people's driveway and whether your standing in that driveway or not, they will turn in that driveway, they are mad that they are going down a dead end and go flying back up and go around Lambeth corner. Or they will go west down Lambeth and take that corner real fast going up and around. There already has been one child hit. They also have a bus stop a block away from this intersection, so all these kids have to walk across this intersection to go to the bus stop on Progress. People's mailboxes have been hit, tree have been hit, and cars have been hit because people go around that corner so fast. Its an uncontrolled intersection, its a scary intersection, and they are asking that a stop sign be installed for the safety of the kids and the neighborhood. Jerry O'Neal, 3702 Cadillac Drive, stated when he first moved in the neighborhood and saw it was a dead end, he was excited about a place where the kids could ride their bikes, but he soon learned it was not a safe place as cars whip across there. He lives when you drive up through Lambeth if you don't turn at that corner you drive into his driveway. He has had cars in his driveway in the wintertime and its just a very serious, difficult issue. On September 28, 2007, his worst nightmare was realized when his son was hit by a car and he was only 5 feet out of their driveway, not in the middle of the intersection. Two good things can come from that event. The first good thing is when they did the CAT scan they realized that he had a kidney problem so they were able to get that fjxed. The other good thing is that, hopefully, council realizes that they need to have a stop sign at that location and votes to make that happen. November 13, 2007 Ordinances to be Adopted continued Julie Westin, 3710 Cadillac Drive, stated when they moved into their house about 20 years there was only a handful of children and now the street is home to 17 children. Children play outside tossing footballs, shooting baskets, walking their dogs and riding their bikes. Walkers and runners heavily travel their street, some from the neighborhood and some from the YMCA. Bicyclists use their street as a means to get to the bicycle trail off of Hackett Road. Their street is known by many motorists as a shortcut between University Avenue and Rainbow Drive. Just two houses up from Lambeth, at the corner of Cadillac and Progress, is the neighborhood school bus stop. One house up from Cadillac Drive on Lambeth a woman teaches piano lessons to area children. In the almost 20 years they have lived there, twice their mailbox has had to be replaced because someone took the curb too fast. Six years ago someone was going to fast and drove up over the curb, onto their lawn and hit a large oak tree, severely damaging it. However, they hit their neighbor's car parked in the car port, and the car was a total loss. Recently, when Aaron, the O'Neals son, was hit while riding his bicycle, she was the one of the first adults on the scene. After the emergency personnel took Aaron to the hospital, she kept thinking over and over that the whole incident possibly could have been prevented with a simple stop sign placed on Lambeth Road. A mailbox, a tree and a car can be replaced. A sever injury to someone or human life cannot. As a healthcare professional, one of her responsibilities is to do everything in her power to provide for the safety of the patients that are under her care. She believes as council members, one of their responsibilities is to do everything in their power to provide for the safety of our citizens. The entire neighborhood effected by this petition has signed it. Page 8 Councilperson Schmitt stated he has been out there many times, and the traffic study and the recorded speeds that have been presented would dictate a yield sign. The criteria totally supports a yield sign. Councilperson Schmitt stated he will support a stop sign, but just having a stop sign there does not negate the fact that there is still a lot of parental responsibility. A dead end street is not a playground, it is still a city street even though its a dead end. Councilperson Gunderson stated the Street Department and Traffic Department do a great job everyday. This is one of those gray areas. The manual for uniform traffic control devices is the basic principles that layout what traffic signs should be put up. But their own manual says authority is by the public authority or officials who have jurisdiction, which is the city council. Councilperson Gunderson stated he thinks this is a gray area, it doesn't meet all the criteria, but he thinks from the support of the citizens it is something that they want for the protection of their children. He thinks council needs to move forward and give them their stop sign. Councilperson Welper stated that people running stop signs is one of his biggest pet peeves, and he thinks the red stop sign is probably becoming one of our obsolete signs. He doesn't see people stopping at stop signs anymore, and he thinks people have completely omitted the word stop. They simply glance to the left as they go around, and he thinks people see the stop sign as nothing more than a red yield sign. In his neighborhood association, they have 400 kids and have a lot of yield signs as well as stop signs, and he hopes we are not creating a sense of false security should council agree to a stop sign. He has requested stop signs in his neighborhood and was turned down, and he fells should council agree to the stop sign, they can expect some more phone calls in the very near future of others asking council to do the same thing. He thinks the only way that this is going to be truly enforced is to have a police officer out there all the time, which would be impossible. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 126227 - Gunderson/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 126228 - Gunderson/Welper that "an Ordinance amending the 2003 Traffic Code by installation of stop sign on Lambeth Road at the intersection of Cadillac Drive", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4890. • • • • November 13, 2007 Ordinances to be Adopted continued 126229 Greenwood/Schmitt Page 9 that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo by repealing Chapter 10, Human Rights Commission, of Article 2, Boards and Commissions; and enacting in lieu thereof a new Chapter 10, Human Rights Commission, of Article 2, Boards and Commissions (including civil rights protections to persons based on sexual orientation and gender identity)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. David Meeks, Executive Director of the Waterloo Commission on Human Rights, stated he has for a number of years unanimously supported the addition of sexual orientation as a protective basis. The vote today is not about morality or the pros and cons of sexual preferences. This is about the Iowa Legislature passed Senate file 427, signed by Governor Chet Culver on July 5, 2007, enacting the language of sexual orientation and gender identification to Chapter 216 of the Iowa Code. In all areas of employment, housing, education, public accommodation and services, and credit. The vote on the item today is the City of Waterloo's adherence to the legal language of the States Code and allowing the Iowa Commission on Human Rights economic assistance from the State to enforce that area. Mayor Hurley noted that the council studied this and have had work sessions on it and there is a State law that went into effect on July 1, 2007, and he asked Mr. Meeks what he would say to anyone who says lets just follow the State. Why do we have to do this now. Mr. Meeks responded the State passed and made it a part of State Statute 216 and the interpretation of the State's Attorney Generals Office is that cities don't have leeway to make individual interpretations of whether they will or will not adopt these ordinance changes, but that we are to enforce such ordinances according to the language of the current law. Mayor Hurley asked if including it in our local ordinance allows Waterloo's commission to work local cases in sexual orientation discrimination. Mr. Meeks respond it allows them to have local enforcement, which is their most meaningful and expeditious way of resolving complaints, and it gives them the economic assistance of the State to enforce that area of basis, so they have money coming in to do that. Jerome Amos, Jr., Chairman of the Waterloo Human Rights Commission, stated one of the things he wants to say to the council is we can all agree that every one of our citizens deserves fair housing, equal job opportunities and education choices. He is asking council to do the right thing and do it now. Michael Dean Brockway, 123 Lombard Street, stated he has been spending a lot time on what to say to council. He could talk about how his partner William and he have lived as a couple in Waterloo for over 31 years. He could talk about the discrimination that they have faced through the years. He could talk about the night that he was pulled from their car in a parking lot at a local gay bar and without provocation he was beaten unconscientiously, and whose only justification for their actions was that they wanted to have a little fun. He woke up in the hospital with three teeth missing but like every cloud it has a rainbow lining. His teeth look better now than they did before the beating and he recommends to all his friends that they be gay bashed. He could talk about how this city council is completely out of touch with the rest of the state and the majority of the citizens of Waterloo. He could talk about homophobia and how it has caused this council and its predecessors to ignore a changing world. How this council will go down in Waterloo history as being a only little bit more open-minded then whomever it was in Waterloo who once passed an ordinance making it illegal for African-Americans to swim the Cedar River. While city after city across the state of Iowa extended protection to their LGBT communities and the Waterloo city council repeatedly closed their eyes and said not in Waterloo, Iowa. How even after the Iowa State Legislature passed protection for sexual orientation and gender identity the Waterloo city council closed their eyes and said not in Waterloo, Iowa. He could talk about how the Waterloo Commission on Human Rights recently requested on two occasions that this ordinance be put on the city council agenda, and how Mayor Hurley refused to consider it until mid-November, which was curiously after the recent municipal elections. He could talk about how only a month ago commissioners were told that this ordinance did not have enough votes to pass and how once again the Waterloo city council closed their eyes and said not in Waterloo, Iowa. November 13, 2007 Ordinances to be Adopted continued Page 10 He could talk about how on October 24, 2007 the Iowa State Attorney General's Office issued an opinion that states that all cities in Iowa that have civil rights codes must include protection for sexual orientation and gender identity. He could talk about 36 hours before the polls opened earlier this month Mayor Hurley stated on KBBG that Waterloo would be extending protection for sexual orientation and gender identity within the next two weeks. Amazingly, there was no rioting in the streets of Waterloo, but, unfortunately, there was a backlash for stating this and Mayor Hurley barely won by only 70 percent of the vote. He could talk about how some people in the community think this is controversial as in Sunday's Courier there was an article by Tim Jamison which said it was controversial. There were two responses on the Courier website. One was asking why there had to be an ordinance and his response explaining why it was so. The only people who feel that this is controversial is the council and maybe the Waterloo Courier. He could talk about court challenges that will occur if this is not passed, and he is wondering if as a gay person in Waterloo he could file a discrimination complaint against the City of Waterloo. He is wondering if every gay person, lesbian, transgender and bi-sexual could file a class action suit against the City of Waterloo. Councilperson Schmitt noted that Mr. Brockway did so much council bashing that he couldn't tell if Mr. Brockway were for or against this. Jeff Jones, 422 Vermont Street, stated he moved to Iowa approximately 15 years ago from Los Angeles, California to have a family where he could raise them with morals that he felt fell in line with what our country was founded on. Mr. Jones stated he prays and hopes that the police went after Mr. Brockway's case with the same vengeance that they would go after his because that's what our law currently states and it is already in place. That regardless of race, color, creed or gender they are suppose to take care of all of us civil servants. He believes that is already on our books. Mr. Jones stated that civil rights have always been granted on the basis of unchangeable characteristics other than the long standing class of freedom of religion. They are our most sacred and historical right, our country was founded on that. Mr. Jones feels it is very dangerous to award protected status for a self proclaimed behavior which is not independently verifiable. That there is nothing that verifies that is anything independent other than a chosen behavior. The proposed ordinance infringes upon the freedom of religion of all citizens in the state of Iowa. Mr. Jones noted he spoke with a couple of different business people today when he learned about this and there were two of them that made a comment, and he concurs with them. As a person that is responsible for hiring, if he had a person who walked into his office one day wearing a three-piece suit applying for a job that was going to be in the public eye and he said great you are the person we want and then the next day that person shows up in a dress and lipstick as a man, he would have a lot of customers that would be very uncomfortable with that, and they are not going to come back to his business, and the gender identity clearly falls into that category. He feels as property and business owners they have the right to reflect their religious values in their renting, leasing and hiring practices. This ordinance flies in the face of that freedom of religion that is guaranteed in our United States Constitution. Dustin Cox, 1125 Virginia Street, stated he doesn't know exactly what the need is to expand the existing ordinance as it appears to him that all individuals are currently covered under this ordinance. He feels if we were to enlarge this, where would this end, how many groups would we add to this, would we eventually add transvestites, or is that included in this proposal. Has there ever been a case in Waterloo where somebody who is a homosexual or transgender has not been protected by our law and our existing ordinance. He feels this will open a Pandora's box in restricting freedom of speech to a number of individuals in our society. He is a licensed school teacher in the state of Iowa, and he wonders if that means teachers in this state would have to teach that homosexuality and transgender is an accepted behavior, which would infringe on his civil liberties as a teacher. Would ministers throughout this community be held liable for speaking out against homosexuality and these alternative lifestyles. Would this ordinance make it to where they could actually be arrested .if they refused to not speak out against the lifestyles that they feel go against God and the bible. He wonders if businesses would have the right to hire who they want to hire, and if a church had an ad in the Waterloo Courier for a secretarial job and a homosexual came and wanted the job and they were qualified in every way for that job would that church have the right to deny that individual the job strictly because that individual was homosexual. Personally, he feels that a church should be able to hire whoever they want to hire because they have that right. • • • • November 13, 2007 Ordinances to be Adopted continued John Thompson, 122 Cottage Grove, stated he is not a gay basher or homosexual basher, he is talking about civil rights and protection on an equal basis. His son goes to Logan School and he gets bullied everyday. Would this ordinance protect him any better if he went to school and got beat up and said he was homosexual, would he get better protection tomorrow than he does today if this ordinance were passed. Mr. Thompson stated he was sexually molested when he was a little kid by a homosexual, and he served 12 years, 9 months, 7 days for a robbery for homosexuals because of what homosexuals did to him, and thanks to his recovery group and church he is back on the road to recovery. He asked if he is going to be penalized because he says homosexuals and having this sexual orientation is wrong because of what they did to him. Mr. Thompson thinks all homosexuals are sick and they need help. Page 11 Larry Scura, 1228 South Hill Drive, stated he had the unfortunate experience of spending 1' years of his high school life with a homosexual teacher, and he had to live 1% years in fear that he would be his next victim, but before that happened he was dismissed and left town. However, he feels nobody should have to attend school, church, Sunday School or even serve in the Armed Forces under those conditions. He thinks this ordinance would extend protection where it is not warranted. He would like to think that any employer could shield his other employees or a landlord could shield his other tenants or his family from such abuse. He does not think this is what we need. Marcella Gruver, 206 Moir Street, asked the council to vote no against amending the human rights ordinance to include sexual orientation and as a protective class. Ms. Gruver distributed a handout to the council. Ms. Gruver stated that historically courts and civil rights authorities have employed three touch stones in awarding special protective status to disadvantaged minority classes. Criteria 1: A history of discrimination evidenced by lack of ability to obtain economic mean income, adequate education or cultural opportunities. Homosexuals have an average annual household income of $55,430.00 versus $32,144.00 for the general population. More than three times as many homosexuals as average Americans are college graduates, 59.6 percent versus 18 percent. More than three times as many homosexuals as average Americans hold professional or managerial positions, 49 percent versus 15.9 percent. Criteria 2: Special protective classes should exhibit obvious immutable or distinguishing characteristics like race, color, gender or national origin that define them as a discrete group. There is no credible scientific evidence to support homosexual claims that gayness is either genetically determined or immutable. Criteria 3: Protective classes should clearly demonstrate political powerlessness. Homosexuals have won passage of legislation granting homosexual protective class status in 5 states and 90 cities across America. Also in the public school they are implementing homosexual creative curriculum, presenting homosexuality as a valid, healthy alternative to heterosexual and despite overwhelming evidence to the contrary. When a group fails to qualify as a suspect class, which homosexuals have repeatedly done, they are prohibited from appealing to the equal protection clause of the United States Constitution unless they are being deprived the fundamental right. Individual homosexuals have all fundamental rights accorded to every citizen according to the United States including as fundamental rights the right to vote, right to travel, the right to privacy, first amendment rights of free speech, freedom of the press, freedom of assembly, freedom of petition, freedom of religion, and freedom from the establishment of religion. Every citizen has a right to his or her own bias and prejudices as long as they do not appendage upon the fundamental rights of others. This is what it means to live in a society in which the freedoms of speech, religion, belief and privacy are guaranteed. They do not have a right to make everyone else agree with them. David Meeks reiterated that sexual orientation and gender identification is according to the current Chapter 216, a part of our law and the legal language. That means that the cities, according to the October memorandum from the State Attorney General's Office, are to comply with that language of the law. There is a law that includes that language and we are to be in compliance with the language of that law as a city commission. Regarding concerns about the religious faith -base community if they were to hire an organist, there is already separation of church and state from the federal statute which protects the churches from any state or city statute, it takes precedent over that. So if an organist were to be hired by a church, they cannot file a complaint with the City of Waterloo or the Iowa Civil Rights Commission and have it be jurisdictional. If would be non -jurisdictional because the federal statute precedes that. November 13, 2007 Ordinances to be Adopted continued Someone asked if gay and lesbians in the past had been afforded to come to the commission or seek other remedies based on discrimination, and over the last 14 months, there have been 16 individuals who have requested assistance on the question of sexual orientation that the Commission had to refer to the Iowa Civil Rights Commission because they didn't have coverage locally within our jurisdiction. There are many others who do not seek assistance because they are already aware that the local Waterloo Commission of Human Rights does not cover that basis. Page 12 Mayor Hurley noted that the definition of sexual orientation for the purposes of the ordinance and for the purpose of state law does include heterosexuality, so this sexual orientation inclusion is all inclusive, sexual orientation discrimination. Mr. Meeks responded that it correct, it is not limited to heterosexuality. Its kind of inclusive of the uncovered bases which would be gender bi-sexuality, etc. Councilperson Gunderson noted that it says the cities should amend existing ordinances, it doesn't say shall, it doesn't say its required, it is our option to do it. Councilperson Gunderson noted that both sides speak a lot of stuff and they say things and they exaggerate the truth, and he thinks it the council's obligation to sift through what we feel is the right thing to do. Councilperson Gunderson stated he is going to vote yes for this as he thinks it is time, that it needs to be done. It needs to be a part of our ordinance and we need to move forward and give the basic rights to everybody, our citizens no matter who they are or their sexual preferences. David Meeks stated that the memorandum by the Attorney General's Office was at the request of the Iowa Civil Rights Commission which enforces the statute so that they would have the Attorney General's Opinion in case cases did come forward. The Attorney General affirms that he is in support of those adaptations. Councilperson Getty stated he has a problem with not having an ordinance that says we do not tolerate discrimination of any kind. He has questions of what is coming down the pike next and asked if the commission has any idea of what we are going to add next. Mr. Meeks responded that they hope there is a welcoming and inclusive community which accepts all individuals on every basis that walks through the doors. If that is the case and we act as a community as such, then he thinks that we will see that the law will adequately take care of the bases that we currently have. Councilperson Cole stated she has been on this council for four years now, and she labored under the misconception when she was elected that our city had already passed this ordinance and was amazed to discover that we had not. This note from the Iowa Civil Rights Commission states that all cities shall, to the extent possible, protect the rights of the citizens of this state secured by the Iowa Civil Rights Act. She feels very strongly that it is time to do this. It is the right thing to do, and that many of the arguments that are used against granting equal rights to the gay, lesbian, transgender community are the same arguments that have been used throughout history to deny equal rights to black Americans, to people of other ethnic backgrounds and to women. Councilperson Cole stated she will support this 100 percent and encourage her colleagues on the council to do so. Councilperson Schmitt stated in the last four years council has met in work sessions regularly, almost quarterly one year, to discuss this very issue. He still agrees with what he said three years ago that this is not condoning a lifestyle, it is condemning discrimination. If you read through the Attorney General's letter, he is making a ruling saying that these provisions do not apply to any bona fide religious institution or its educational facility, association, corporation or society. Its discriminations only. There are many changes in Senate File 427 that amend Chapter 216, but basically all it does is add sexual orientation and gender identity to statutes that already address discriminations in all the different context where they exist. Councilperson Schmitt stated he supported it four years ago and still does. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 126230 Greenwood/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. • • • • November 13, 2007 Ordinances to be Adopted continued 126231 Greenwood/Schmitt Page 13 that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo by repealing Chapter 10, Human Rights Commission, of Article 2, Boards and Commissions; and enacting in lieu thereof a new Chapter 10, Human Rights Commission, of Article 2, Boards and Commissions (including civil rights protections to persons based on sexual orientation and gender identity)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4891. NEW BUSINESS 126232 - Schmitt/Kincaid that communication from Superintendent of Traffic Operations transmitting request to install two speed humps on Ivanhoe Road between Kimball Avenue and Prospect Boulevard, one at 222 Ivanhoe Road and one at 348 Ivanhoe Road, be received, placed on file and "Resolution approving said speed humps", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated he thinks everybody living on Ivanhoe Road supports this for the same reason as the stop sign on Cadillac, that there are a lot of children in the neighborhood. There are a lot of school kids who walk that road to go to the public school and St. Edward's School. Councilperson Greenwood stated he asked them if they would come back and want them taken out in two months and they said no that they want them. Councilperson Greenwood urged the council to support and vote for the speed humps. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-964. ORAL PRESENTATIONS 126233 - David Meeks informed everyone of the 2007 Cedar Valley Conference on Race. This year's key note speaker is Dr. Edward Hearn. He was Toastmaster's World Champion of public speaking in 2006. It is being held at Hawkeye Community College from 8:00 a.m. to 3:30 p.m. this Thursday, November 15, 2007. Jerry Shatzer, 1829 West 7th Street, stated he thinks the city should watch the revenue from gambling as he doesn't think its there like it was suppose to be. He noticed the population level is not what you would expect, a lot of cars but not many at the casinos and that also includes Meskwaki. Also the paper said that people are betting smaller so the payouts were smaller, which would mean that the revenue has got to be smaller. Mr. Shatzer stated it was mentioned that the city was going to roll the dice. He thinks we are closer to rolling craps especially with our gas, oil, etc. Mr. Shatzer stated he was sick and couldn't get here when the Police Department was taking it on the shins about tasering and profiling. He wanted to stand here and say that he thinks they are the best Police Department in the state of Iowa. He says that from the standpoint of the crimes that they have solved with the help of the citizens. They happened quick, they got them quick. Mr. Shatzer stated once in a while he has driven across Waterloo at 3:00 a.m., 1:00 a.m. in the morning, and he could not believe the black and whites that were showing up all the time. He was glad that they were out there, they weren't sitting around they were moving. Ryan Madison, 650 Dawson Street, stated on one of his many trips around the eastside of Waterloo checking out what the city is doing about the buildings, he has noticed that a lot of businesses have been moving from the eastside of Waterloo and relocating to either Cedar Falls or the westside of Waterloo. These vacant buildings are just sitting there and they are not being maintained nor are they keeping up with the grass and the normal maintenance of these buildings, such as the Airgas building on Broadway, the old Broadway Diner, Save -A -Lot, and Workforce Development which was on East 4th Street. Mr. Madison stated he was wondering if there is some kind of way that we can enforce some kind of code that the city has to inspect these buildings every two years or so to keep the Rath incident from happening and the Chamberlain building happening and then 20 years down the line the city has to pay to knock these buildings down because they are abandoned and haven't been kept up. November 13, 2007 Oral Presentations continued Mayor Hurley suggested that Mr. Madison stick around for the close of the meeting and get Don Temeyer's phone number so they can talk at length about this. Mayor Hurley noted that regardless of who owns the buildings, the city has a property maintenance code and building codes, and they apply regardless of whether the business is open or not. It still takes someone to go out and check, that takes people and we do the best we can. A lot of times its reacting to an alert from citizens. Page 14 Councilperson Getty asked that the city take a look at extending the city leaf pick up for a couple of weeks. Maybe not next week because of the holiday, but start the week after to do another one. He has received phone calls and some of the other council members have received calls because the leaves are not falling, and there are still a lot still on trees that need cleaned up. Mayor Hurley noted the city extended it last year, and he has talked with Tim Shea, who will do what is asked of him. As it stands right now, we are shutting down at the end of the month. Councilperson Gunderson stated he also received some calls about this and this Friday is the last official pickup from our sanitation department for the yard waste. There hasn't been a frost yet. He did yard work yesterday and everything was still alive so he thinks we need to go maybe the Friday or the first weekend in December, if the weather permits it. If we have snow, rain and ice we have a problem. But it is something that we can work on it as we go. Mayor Hurley commented that keeping the drop-off open for another few weeks is one thing but adding to that scheduled truck pick up of the blue carts gets into a little bigger dollar mix. Mayor Hurley stated he would like to hear from all seven council members on extending this program. Schmitt/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 126234 - Getty/Cole that the Council adjourn at 7:16 p.m. Ayes: Seven. Motion carried. Nancy iJkert, CMC City Clerk • •