HomeMy WebLinkAboutMinutes-March 05, 2018 k
March 5, 2018
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, March 5, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,
Morrissey, Shimp, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Daniel Trelka, Chief of Police
146605 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, March 5, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
Mr. Schmitt questioned the procedure for adding items on the agenda.
Kelley Felchle, City Clerk, explained that since she has been City Clerk, all council requested
agenda items are reviewed with the Mayor, and have been added to the agenda. She further
explained that after reviewing the City code and policies,there is no rule suggesting that a certain
number of council members must be in agreement before an item can be added to the agenda.
Mayor Hart commented that Mr. Amos supported the request to include item 14 on tonight's agenda,
which was made by Mr. Morrissey at the last council meeting. He noted that the item would be
thoroughly explained by both the City Attorney and City Clerk when the item is reached on the
agenda.
Mr. Schmitt requested clarification of the deadline to add to each agenda and when this request was
made.
Kelley Felchle explained the deadline for getting items to the Clerk's office is Wednesday at 10:00
a.m. and that this item was provided to her at the last council meeting and that she added it to the
agenda on Friday.
Mr. Schmitt questioned if a previously rejected item is to be brought back before council, must the
prevailing side make that reqeust.
Mayor Hart provided an explanation of the process between a motion to rescind and a motion to
reconsider.
Mr. Schmitt questioned if will then become practice to allow rejected items to be reconsidered for a
new vote.
Mayor Hart commented that though he does not vote on issues, he is of the opinion that this should
not be common practice.
Mr. Morrissey read from Robert's Rule of Order regarding the motion he is proposing.
146606 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, February 26, 2018, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, commented that dialogue at the council meetings has not been
appropriate lately.
John Sherbon, 1715 Robin Road, commented that thousands of dollars has been spent on preparing
to sell the convention center and questioned why it is taking so long to sell the property.
Bruce Kaesser, 500 Sycamore Street, spoke in support of the MET bus drivers and their dedication
to keeping passengers safe when road conditions are not the best.
March 5, 2018 Page 2
Tim Hurley, 1933 Crabapple Lane,thanked all elected officials and staff for their service to the city
and asked council to work together with civility, compromise, compassion, cooperation and
reflection on the budget and to focus on the good things in Waterloo rather than the negative.
Josh Powers, 5721 Blue Sage Road, shared information comparing home value and taxes to homes
in Cedar Falls.
Mayor and Council Updates
Mr. Morrissey commented that he held his 50th Ward meeting and provided an update of concerns
from his Ward. He commented on a webinar he participated in from Smart Growth and noted that
the organization will be appealing to the federal government for funds from the Is'and Main
program,which go to creating new programs and strategies to enhance communities. He also noted
that the December tax act that the federal government passed includes a new program called
Opportunity Zones and encouraged Mayor and council to look into it.
Mr. Amos commented he had an opportunity to read to grade school students through Boys and
Girls Club and encouraged others to read to elementary school students as well.
Mr. Shimp requested a work session to discuss the Mediacom franchise fee and livestreaming of
council meetings, as requested during the last council update.
Kelley Felchle, City Clerk, noted that a work session on these matters has been scheduled later in
March.
Mayor Hart commented that representatives would be in attendance.
Mr. Schmitt commented that he has attended ward and community meetings and is hearing from
individuals and businesses to do all they can to find savings for taxpayers.
146607 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
146608 - Juon/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 March 5, 2018, in
the amount of$2,795,604.89, 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. 2018-121.
2. Request to certify assessment to property for work performed by the Waterloo Water Works,
together with recommendation of approval by the Waterloo Water Works Board of Trustees:
Address and amount to certify: 618 Independence Avenue - $3,811.00.
Resolution adopted and upon approval by Mayor assigned No. 2018-122.
3. Request to certify assessment to property for work performed by the Waterloo Water Works,
together with recommendation of approval by the Waterloo Water Works Board of Trustees:
Address and amount to certify: 520 Elm Street- $2,755.00
Resolution adopted and upon approval by Mayor assigned No. 2018-123.
March 5, 2018 Page 3
4. Request to certify assessment to property for work performed by the Waterloo Water Works,
together with recommendation of approval by the Waterloo Water Works Board of Trustees:
Address and amount to certify: 410 Mobile Street- $1,139.48
Resolution adopted and upon approval by Mayor assigned No. 2018-124.
5. Request to certify assessment to property for work performed by the Waterloo Water Works,
together with recommendation of approval by the Waterloo Water Works Board of Trustees:
Address and amount to certify: 1454 Lyon Avenue - $594.87
Resolution adopted and upon approval by Mayor assigned No. 2018-125.
6. Resolution approving Order accepting Acknowledgment/Settlement-Affirmative Defense for
Hy-Vee, Inc., 4000 University Avenue, Waterloo, Iowa 50701 for sale of tobacco to minor.
Resolution adopted and upon approval by Mayor assigned No. 2018-126.
7. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as March 29, 2018 and date of public hearing as April 2, 2018 for the FY 2018
Ansborough Avenue Improvements from US 20 to San Marnan Drive, Contract No. 942, and
instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-127.
8. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as March 22, 2018 and date of public hearing as March 26, 2018 for the FY 2018
Asphalt Overlay Program, Contract No. 943, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-128.
9. Resolution approving request from John Deere Waterloo Operations to hold its annual 5K
run on Saturday, May 12th, 2018 from 7:00 a.m. 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. 2018-129.
10. Resolution Request from Brandon Simon for a variance to the Noise Ordinance on May 5,
2018, 11:00 a.m. to 5:00 p.m. in conjunction with the Urban Cross Grand Prix event, to be
held on the National Cattle Congress Fairgrounds.
Resolution adopted and upon approval by Mayor assigned No. 2018-130.
b. Motion to approve the following:
1 Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. WPD - Sgt. Gehrke, 2018 Iowa Narcotic West Des March 27- $2,470.00
Inv. Berry, Inv. J. Officers Association Moines, IA 29, 2018
Zubak; CFPD - Conference (INOA)
Gerzema
b. Lt. Jennson, Training Officer 1 Class Cedar March 9-11 $280.00
Officer Rapids, IA & 23-25,
2018
c. Wayne Castle, 2018 Iowa Water Ames, IA March 21- $355.00
Associate Engineer Conference 22, 2018
d. Luke Even, Forestry Minnesota Shade Tree Arden Hills, March 13- $530.00
Foreman Short Course MN 14, 2018
March 5, 2018 Page 4
2. Approved Beer, Liquor, and Wine Applications
Name & Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. Tokyo Japanese Steakhouse, C Liquor Renewal 2/13/2019 x
1931 Sears Street
b. Sycamore Convenience, 617- B Wine/ C Beer/E Renewal 3/11/2019 x
619 Sycamore Street Liquor
c. Ray's Supermarket, 1975 B Wine/ C Beer/E Renewal 3/2/2019 x
Franklin Street Liquor
d. Jim Lind Standard Service, C Beer Renewal 4/6/2019 x
230 E. Ridgeway Avenue
e. J's R&B Lounge, 501 C Liquor Renewal 4/6/2019 x
Independence Avenue
f. El Patron, 301 E. 4th Street C Liquor Renewal 2/28/2019 x
w/Outdoor Service
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration New or
Date Re-Appointment
Angela Weekley Community Development 11/2/2018 New
Board
4. Bonds.
Roll call vote-Ayes: Seven. Motion carried.
PUBLIC HEARINGS
146609 - Schmitt/Amos
that proof of publication of notice of public hearing on 2018 Spring Stump Removal Project, as
published in the Waterloo Courier on February 20, 2018, 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.
Bruce Kaesser, CRT Apartment, questioned if the project included treatment of the ground after
removing the trees.
Paul Huting, Leisure Services Director, explained that the stumps are ground one foot below ground
and the hole is filled in with soil.
146610 - Schmitt/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes:
Seven. Motion carried.
146611 - Schmitt/Amos
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-131.
146612 - Schmitt/Amos
that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-132.
March 5, 2018 Page 5
146613 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $100,000
Bidder Bid Security Bid Amount
JBL Rentals, LLC
Parkersburg, IA 5% $102,000.00
Wilson Custom Tree Service
5% $ 92,490.81
Cresco, IA
Schaefer Tree & Lawn
Service 5% $129,800.00
Waterloo, IA
Voice vote-Ayes: Seven. Motion carried.
146614 - Schmitt/Amos
that "Resolution awarding the 2018 Spring Stump Removal Project bid to Wilson Custom Tree of
Cresco, Iowa, in the amount of$92,490.81, and approving the contract, bond and certificate of
insurance, and authorize the Mayor to execute said agreement", be adopted. Roll call vote-Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-133.
146615 - Morrissey/Amos
that proof of publication of notice of public hearing on the request by CRF Rentals for a site plan
amendment to the "C-P" Planned Commercial District for construction of a 5,184 square foot
Commercial building located south of 2911 Southland Drive, as published in the Waterloo Courier
on February 23, 2018, 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.
Chris Fischels, 4736 Yellowstone, commented that he is the developer for the project and is
available to answer any council questions.
146616 - Morrissey/Amos
that the hearing be closed and oral comments and recommendation of approval of the Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven.
Motion carried.
146617 - Morrissey/Amos
that"an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending the official Zoning Map referred to in Section 10-4-4, approving a site plan amendment
on a certain property located south of 2911 Southland Drive", be received, placed on file, considered
and passed for the first time. Roll call vote-Ayes: Seven. Motion carried.
Mr. Shimp questioned the urgency.
Chris Fischels explained the ideal time would be to break ground in Spring.
146618 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Shimp, Klein, Amos,
Schmitt, and Juon). Motion failed.
146619 - Morrissey/Shimp
March 5, 20118 Page 6
that proof of publication of notice of public hearing on request by Michael Crane to vacate a platted
20' utility easement located along the southerly property line for construction of a 192 square foot
shed located at 235 Niagara Drive, as published in the Waterloo Courier on February 23, 2018, 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.
Mike Crane, 235 Niagara, explained that he purchased the property in June and the easement was
discovered while applying for a building permit and requests council expedite the item so he can
build on the property.
146620 - Morrissey/Shimp
that the hearing be closed and oral comments and recommendation of approval of the Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven.
Motion carried.
146621 - Morrissey/Shimp
that "an Ordinance approving a request by Michael Crane to vacate a platted 20' utility easement
located along the southerly property line for construction of a 192 square foot shed located at 235
Niagara Drive", be received, placed on file, considered and passed for the first time. Roll call vote-
Ayes: Seven. Motion carried.
146622 - Morrissey/Shimp
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
146623 - Morrissey/Shimp
that "an Ordinance approving a request by Michael Crane to vacate a platted 20' utility easement
located along the southerly property line for construction of a 192 square foot shed located at 235
Niagara Drive", 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. 5443.
146624 - Shimp/Amos
that proof of publication of notice of public hearing on sale and conveyance of City owned property
generally located in the Walnut neighborhood to Iowa Heartland Habitat for Humanity in the amount
of$1.00, with a development agreement, as published in the Waterloo Courier on February 23, 2018,
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.
146625 - Shimp/Amos
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
146626 - Shimp/Amos
that "Resolution authorizing sale and conveyance of seven city owned properties generally located
within the Walnut Neighborhood, to Iowa Heartland Habitat for Humanity for $1.00, and authorize
the Mayor and City Clerk to execute necessary documents", be adopted. Roll-call vote-Ayes:
Seven. Motion carried.
Noel Anderson, Community Planning and Development Director, provided an overview of the sale
of property and development agreement.
March 5, 2018 Page 7
Mr. Morrissey commented that he is in favor of the transaction but the council communication did
not include an aerial view,which he would like to see.
Resolution adopted and upon approval by Mayor assigned No. 2018-134.
146627 - Shimp/Amos
that "Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity
and authorizing the Mayor and City Clerk to execute said agreement", be adopted. Roll-call vote-
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-135.
146628 - Amos/Morrissey
that proof of publication of notice of public hearing on the Demolition and site clearance services
contract for 807 East 4th Street and 809-811 East 4th Street, as published in the Waterloo Courier on
February 20, 2018,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.
146629 - Amos/Morrissey
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
146630 - Amos/Morrissey
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll-call vote-Ayes: Seven. Motion carried.
Noel Anderson provided an overview of demolition of the properties and development agreement
that call for building a new teen center in the Walnut Neighborhood.
Resolution adopted and upon approval by Mayor assigned No. 2018-136.
146631 - Amos/Morrissey
that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-137.
146632 - Amos/Morrissey
Motion to receive and file and instruct City Clerk to read bids and refer to Community Planning and
Development Director.
Estimate: A: $13,000
Estimate: B: $18,000
Bidder Bid Security Bid Amount
Kelly Demolition& Excavating, LLC A: $19,800.00
Mount Vernon, IA 5°�0 B: $25,550.00
Peterson Contractors Inc. A: $10,660.50
Reinbeck, IA 5% B: $16,491.00
Benton's Sand & Gravel ° A: $12,770.00
Cedar Falls, IA 5�0 B: $16,840.00
Frickson Bros. Excavating ° A: $15,000.00
Evansdale, IA 5�0 B: $25,000.00
Lehman Trucking & Excavating, Inc. A: $ 9,000.00
Waterloo, IA 5°�0 B: $10,000.00
Voice vote-Ayes: Seven. Motion carried.
Al
March 5, 2018 Page 8
RESOLUTIONS
146633 - Schmitt/Amos
that "Resolution approving a request by CGA Engineers on behalf of BCS Properties, LLC for the
final plat of Village West 2nd Addition, a three lot commercial subdivision, located at the northeast
corner of Highway 63 and West Ridgeway Avenue", be adopted. Roll call vote-Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-138.
146634 - Schmitt/Amos
that"Resolution approving Development Agreement with CRF Rentals, LLC for the development of
a 5,000 square foot commercial building with a value no less than $282,000, offering property tax
rebates of year one through year three for 70% and year four through year seven for 65%, and
authorize Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion
carried.
Mr. Shimp questioned if it would be appropriate to table the item once the zoning action is complete.
Noel Anderson explained that they are not contingent upon one another and the rezone would need
to take place prior to taking out a building permit.
Resolution adopted and upon approval by Mayor assigned No. 2018-139.
146635 - Schmitt/Amos
that "Resolution approving Funding Agreement with the Black Hawk County Gaming Association
for a $750,000 match for University Avenue Reconstruction Enhancements and authorize Mayor to
execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-140.
146636 - Juon/Morrissey
that "Resolution approving an agreement with Black Hawk County for improvements to Donald
Street and Elk Run Road, and authorize the Mayor and City Clerk to execute said document", be
adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-141.
146637 - Juon/Morrissey
that "Resolution approving submission of grant application for a Diesel Emissions Reduction Grant
(DERA) to replace one (1) 2005 International Harvester D466 Garbage Truck's outdated Tier 2
Emissions with a Tier 4 2018 Emissions", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mrs. Klein questioned if the garbage truck is outdated.
Sandie Greco, Interim Public Works Director, explained that this is a grant application with
matching funds to replace the outdated Tier 2 Emissions currently on the garbage truck with updated
Tier 4 2018 Emissions.
Resolution adopted and upon approval by Mayor assigned No. 2018-142.
146638 - Juon/Morrissey
that "Resolution approving award of hotel/motel mini tax grant to the Cedar Falls Lion's Club in the
amount of$1,950", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Morrissey questioned if the amount of$1,950 will meet the requested need of$12,000.
March 5, 2018 Page 9
Mrs. Juon commented the awards are contingent on the successful implementation of the project and
if this amount isn't enough to get the job done,they would not likely receive the $1,950.
Resolution adopted and upon approval by Mayor assigned No. 2018-143.
146639 - Juon/Morrissey
that "Resolution approving Federal Regulation Procurement Requirements for FEMA projects", be
adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Morrissey requested an overview of the item.
Mayor Hart explained that as a result of a visit from the Iowa Homeland Security they have
recommended that the city adopt this policy.
Michelle Weidner, Chief Financial Officer, explained that the federal government adopted new grant
guidelines which will apply to local federal projects moving forward.
Mr. Morrissey questioned if the vote is just to adopt the requirements.
Michelle Weidner explained that this policy gives staff guidelines for purchases with funds from
federal grants.
Resolution adopted and upon approval by Mayor assigned No. 2018-144.
OTHER COUNCIL BUSINESS
146640 - Morrissey/Amos
that motion to rescind the action taken by this Council on 2/5/18 regarding item 1.13.4
(Recommendation of Appointment of Jonathan Oehlerich from Civil Service list to position of
Garage Mechanic at Public Works, effective 2/7/18), be received,placed on file and approved.
Dave Zellhoefer, City Attorney, explained that the city council has the power to make the final
decision on Civil Service appointments under Iowa Code §400.15. He further explained the hiring
process and where it intersects with state code.
Kelley Felchle explained the difference between rescinding and reconsideration and the procedure
for each under the current city code. She further explained that if approved, it repeals the failed vote
to appoint Mr. Oehlerich and he returns to the Civil Service list as a possible candidate for the
position. A motion to appoint him specifically would need to come back before council at a later
date. If the motion fails, council's decision stands and another candidate from the civil service list
would need to be appointed to the position.
Mr. Shimp commented that his vote was strictly budgetary.
146641 - Shimp/Klein
Motion to table agenda item 414 until July 2018 and call the question.
Dave Zellhoefer explained the motions should be voted on separately, beginning with the motion to
table.
Kelley Felchle read from City code Title 1, Chapter 4, Section 3, Subsection D and noted if the
motion is to be divided into separate questions; a member of council will need to make the request.
Mrs. Klein moved to separate the questions.
Mr. Morrissey requested clarification.
Kelley Felchle explained that Mrs. Klein moved to separate the motions and a second is not required.
March 5, 2018 Page 10
Mrs. Juon questions which item was being voted on.
Kelley Felchle explained the first vote would be to table the item and that there would be no need to
call the question.
Mr. Shimp questioned if he needed to rescind his motion to call the question and just move to table.
Kelley Felchle noted that would be appropriate.
1466342 - Shimp
Moved to rescind the Call the question.
Mayor Hart questioned if the item is debatable.
Dave Zellhoefer explained a motion to table is not debatable and only requires a simple majority.
Mr. Morrissey commented that without the ability to debate, there is a standing motion with a second
that council has not had the opportunity to speak to.
Dave Zellhoefer explained that a motion to table cannot be made while someone else has the floor
and it usually is following all debate. So debate would be allowable on Mr. Morrissey's original
motion.
Mayor Hart questioned if Mr. Morrissey has an opportunity to debate Mr. Shimp's motion to table.
Mrs. Klein requested documentation, chapter and verse, showing the timing to table an item.
Dave Zellhoefer reiterated that the motion to table is not allowed when someone else has the floor
and questioned if Mr. Morrissey yielded to Mr. Shimp to make the motion to table.
Mr. Morrissey stated he did not have the floor at the time of Mr. Shimp's motion but that he had not
been given an opportunity other than to read his motion and have it seconded, nor had anyone else
and he believes the item should be debatable.
Dave Zellhoefer explained it is the council's discretion to debate.
Kelley Felchle provided an overview of parliamentary rules and where Robert's Rules of Order fits
in with the City's rules of order which doesn't state that Robert's Rules of Order have to be followed
at all times.
Mr. Mayor questioned if Mr. Morrissey can have the opportunity to speak to his motion.
Kelley Felchle explained that the council is free to debate.
146643 - Shimp
Moved to rescind motion to table.
Mrs. Klein stated she will not rescind her second.
Mr. Morrissey commented that by tabling the item, Mr. Oelerich would need to wait until July and
believes this to be unfair. He further commented on the criteria to rescind a motion and the result of
doing so and read Robert's Rules of Order reference to this situation. He commented" on his
understanding of Iowa Code §400.15 and argues that the motions taken on February 5, 2018 were
not procedurally correct.
Mr. Amos commented that the vote on February 5, 2018, should have been on appointing the
individual, and not turned into a budget issue.
Mayor Hart requested clarification on the result of a passing vote to table until July 2018.
March 5, 2018 Page 11
Kelley Felchle explained that if the vote to table passes, the item will not come back until July and
that if the motion to rescind does not pass,then the motion on the books stands.
Mrs. Juon questioned if the position remains in the FY19 budget if the item is tabled and if so would
it need to wait until July since the budget would have already been approved before then.
Kelley Felchle explained that if the motion to table until July 2018 is approved, it cannot be
considered before then.
Mr. Morrissey questioned if Mr. Shimp could change his motion to what Mrs. Juon suggested.
Mayor Hart commented that Mrs. Klein has already stated she would not rescind her vote.
Council then voted on motion #146641 to table agenda item #14 until July 2018. Roll call vote —
Ayes: Four. Nays: Three (Morrissey, Amos and Juon). Motion carried.
ADJOURNMENT
146644 - Juon/Amos
that the Council adjourn at 6:59 p.m. Voice vote-Ayes: Seven. Motion carried.
I�,"_44kL_
Kelley Felc
City Clerk