HomeMy WebLinkAboutMinutes-06/11/2018 June 11, 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, June 11, 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: Sharon Juon, At-Large Council Member
146133 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, June 11, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
146134 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, June 4, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Terry Stevens, 1629 Ackermant, commented that she did not direct comments made at the Waterloo
City Council meeting last week at the Waterloo Police Department regarding racial profiling. She
also explained that she did research on vehicular racial profiling and found that Waterloo had the
highest citation and incarceration rate among Iowa cities.
Robert Henderson, 918 Calhoun St., explained that he was able to do research following the meeting
last week on the citation ordinance and that he believes that the chief of police is making a genuine
effort to lower the cost of tickets and that the council discounted some of the points that he and other
citizens were trying to make. He explained that he is retired from the Department of Correctional
Services and that the majority of what is done is appropriate and professional but that there are
instances where situations are not handled in a professional manner.
Bruce Kaesser, CRC Apartments, spoke on the importance of reducing violence and gun crimes and
told the council that his life was traumatically altered by gun violence.
Forest Dillavou, 1725 Huntington Road, commented that the renting of the building at 304 W. 5th
Street, and stated that he went to the Building Department to see if a building permit and inspection
were done for the work and was told no. He stated that if no permit was issued then it would also
not be reflected on the property value and believes that this building does not receive the same
treatment as others in Waterloo. He suggested that the city use the former Johnstone Supply
building for maintenance equipment storage or storing impounded police vehicles.
David Dryer, 3145 W. 4th Street, commented that at one time he measured the building that stores
downtown maintenance equipment and believes that another building would be more suitable. He
further noted that several city vehicles are sitting out under the Highway 218 overpass and that other
buildings could be used to store these vehicles.
Brianna Kuehl, 1119 W. Mullan, commented that there have been a series of break ins, including
hers, at the Courier parking garage and stated that people pay to park but there are no cameras to
protect their vehicles while they are at work.
Todd Obadal, 124 Amity Drive,thanked everyone who organized My Waterloo Days and stated that
he placed a request for the May 14, 2018 Executive Session minutes and his request was denied and
was told that he would have to go through a judge to do so and asked that the minutes and recordings
be made public.
146135 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
June 11, 2018 Page 2
146136 - 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 June 11, 2018, in
the amount of$3,259,181.63 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. 2018-409.
2. Resolution approving request from LaTanya Graves, on behalf of NAACP/Social Action
Inc, for a variance to the Noise Ordinance on Saturday, June 23, 2018.from Noon to 6:00
p.m. in conjunction with the 23rd Annual Juneteenth Celebration event to be held at Sullivan
Park, including live music, drill team and the use of a PA system.
Resolution adopted and upon approval by Mayor assigned No. 2018-410.
3. Resolution approving Mayor's Walk Waterloo Community Wellness Celebration on Friday,
June 22, 2018, beginning at 5:00 p.m. at Lincoln Park, traveling south on W. 4th Street to
Cedar Street, north on Park Avenue and returning to Lincoln Park.
Resolution adopted and upon approval by Mayor assigned No. 2018-411.
4. Resolution approving request from Jacklyn Gudenkauf of VGM Group, Inc. to hold a 5K and
Fun Run on Saturday, October 6, 2018, beginning at 9:00 a.m. and traveling on Jefferson
Street, west of Mullan, onto the Cedar River Trail and ending at 2nd and Commercial Streets.
Resolution adopted and upon approval by Mayor assigned No. 2018-412.
5. Resolution approving request from Jessica Crouch for a waiver for a concrete driveway
located at 2257 Country Lane and authorizing the construction of a concrete driveway and
placing a driveway or sidewalk on city right-of-way on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2018-413.
6.. Resolution approving request from Matthew and Jennifer Mangel for a waiver for a concrete
driveway located at 129 Lichty Blvd. with the elimination of the sidewalk section due to the
inability to meet grade requirements.
Resolution adopted and upon approval by Mayor assigned•No. 2018-414.
7. Resolution approving request from William and Therese Kohls for a waiver for an asphalt
driveway located at 151 Lobdell Road with the elimination of the sidewalk section for
asphalt driveways.
Resolution adopted and upon approval by Mayor assigned No. 2018-415.
8. Resolution approving specifications, form of contract, etc. and setting the date of bid opening
as July 12, 2018, and public hearing as July 16, 2018, in conjunction with janitorial services
for the following buildings: City Hall, Carnegie Annex, Waterloo Police Training Center,
Memorial Hall, Waste Management, and the Parking Ramp Enclosure attached to the
Waterloo Building, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-416.
b. Motion to approve the following:
June 11, 2018 Page 3
1' Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Steve Gerberich, Gallery Talk Waterloo, May 21-31, $622.23
Artist/ Guest Speaker IA -New 2018
*Revised* York City,
NY
b. Marc Cashman, Drone Certification Waterloo, June 13, $150.00
Production Assistant Testing (Hawkeye IA 2018
Community Colle e
2• Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. The American Legion, 728 C Liquor Renewal 6/14/2019 x
Commercial Street w/Outdoor Service
b. Briqhouse Bar and Grill, 307 C Liquor Renewal 5/13/2019 x
W. 5th Street w/Outdoor Service
c. Broadway Liquor, 821 B Wine/ C Beer/E Renewal 6/10/2019 x
Broadway Street Liquor
d. Metromart#1, 3201 W. 4th C Beer Renewal 6/30/2019 x
Street
e. Placita, 321 W. 4th Street C Beer New 12/7/2018 x
f. Prime Mart 43, 1008 LaPorte B Wine/ C Beer/E Renewal 6/12/2019 x
Road Liquor
g. Red Lobster#6267, 941 E. C Liquor Renewal 7/27/2019 x
San Marnan Drive
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration New or
Date Re-Appointment
Katie Orlando Historic Preservation 6/22/2021 Re-appointment
Commission
Waste Water- Opefater- at the Waste Management Sevviees Depaftfnent eff-eeti�ve july 2,
, o ,a
,
pending puy.,iv.warv��auai and uaiiug testing.
ccui
nu -dnag
.
6. Motion to approve application for Fireworks Display at Bamboo Ridge Campgrounds, 4550 Hess
Road, on July 2, 2018 beginning at 9:45 p.m., lasting approximately 10 minutes, in conjunction with
the Bamboo Ridge Campground Fireworks event.
7. Bonds.
Mr. Shimp requested that items 1134 and 1B5 be removed.
Roll call vote-Ayes: Seven. Motion carried.
146137 -Shimp/Amos
Recommendation of appointment of Nolan Rasmusson, from the Civil Service list, to the position of
Waste Water Operator at the Waste Management Services Department effective July 2, 2018, pending
physical exam and drug testing. Roll-call vote-Ayes: Six. Nays: One (Klein). Motion carried.
June 11, 2018 Page 4
Mr. Shimp questioned if these positions were not filled,would the consent decree be affected.
Steve Hoambrecker, Waste Management Services Director, provided an over view of the position
and explained that losing the position would not violate the consent decree but could lead to effluent
violations if the plant is not properly staffed.
Mrs. Klein commented that she believes that starting salaries are very high and that she believes that
the city needs a tiered salary program as the Human Resources Director is working on and will not
support the item for that fact.
Mr. Morrissey commented that staffing the plant effectively is critical to ensure that effluent
violations do not happen and expressed support for the position.
146138 - Shimp/Morrissey
Recommendation of appointment of Jordan Schmitz to the position of Park Maintenance II Crew
Leader in the Leisure Services Department, effective June 12, 2018, subject to physical examination
and drug screen. Roll-call vote-Ayes: Six. Nays: One (Klein). Motion carried.
Mr. Shimp requested an overview of the position.
Paul Huting, Leisure Services Director, provided an overview of the position and explained that it is
a critical position Leisure Services and flood operations.
Mrs. Klein commented that the starting wage for this position is not equitable to other starting wages
for jobs in Waterloo.
Mr. Shimp commented that has heard that pay scales are needed and stated that he will be proposing
a resolution in the near future on implementing pay scales for employees.
Lance Dunn, Human Resources Director, clarified that these positions are union and included in the
bargaining contract. The wages are set in the contract that the city is required to follow.
Mr. Jacobs commented that perhaps the city has too much park property to maintain.
Mrs. Klein commented that mowing and plowing should be outsourced.
Paul Huting explained that much of the work is outsourced and they experienced a 20% increase in
cost and can fluctuate over time.
Mr. Morrissey commented that he supports hiring Mr. Schmitz and noted that part of the
consequence of eliminating a position from the Leisure Services department has negatively impacted
mowing. He explained that parks are a quality of life issue that is important to the nearby residents.
PUBLIC HEARINGS
146139 - Schmitt/Amos
that proof of publication of notice of public hearing on Asbestos abatement services at 807, 809-811
East 4th Street., as published in the Waterloo Courier on June 4, 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.
146140 - Schmitt/Amos
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
146141 - Schmitt/Amos
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll-call vote-Ayes: Seven. Motion carried.
June 11, 2018 Page 5
Resolution adopted and upon approval by Mayor assigned No. 2018-417.
146142 - 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. 2018-418.
146143 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids.
Estimate: 807 E. 4th Street- $4,300
809-811 E. 4th Street- $5,600
Bidder Bid Bid Amount
Security
Abatement Specialties, LLC 807 E. 4th St. $3,777.00
Cedar Rapids, IA 5°�° 809-811 E. 0 St. $4,485.00
AAA Budget Environmental, Inc. 807 E. 4th St. $6,970.00
Monticello, IA 5°�0 809-811 E. 4th St. $9,100.00
REW Services Corporation Bid rejected—received after
Des Moines, IA N/`�' deadline.
Voice vote-Ayes: Seven. Motion carried.
146144 - Schmitt/Amos
that "Resolution awarding contract to Abatement Specialists of Cedar Rapids, Iowa in conjunction
with asbestos abatement removal services at 807 E. 4th Street in the amount of$3,777 and for 809-
811 East 4th Street in the amount of$4,485.", be adopted. Roll-call vote-Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-419.
RESOLUTIONS
146145 - Morrissey/Shimp
that "Resolution approving a Professional Services Agreement between the City of Waterloo and
SPARK Consulting of Cedar Rapids, Iowa, for an architectural and historical survey of the Smokey
Row neighborhood in the amount of $24,425, and authorize the Mayor and City Clerk to execute
said documents", be adopted.
Charles Pearson, 1715 Flower Street, explained that there should be a survey of Unity Neighborhood
and stated that he will be asking the State Historical Society to do a survey of the neighborhood.
Mrs. Juon requested an overview of the grant.
Noel Anderson, Community Planning and Development Director, explained that the city was
awarded a grant and that staff recommends awarding the grant to SPARK Consulting of Cedar
Rapids, Iowa as they were the only bid received as part of the RFP process.
Mr. Morrissey questioned if Mr. Pearson was consulted on this issue.
Noel Anderson explained that Waterloo Historic Preservation Commission recommended moving
forward with the process and that Mr. Pearson does attend the meetings.
Charles Pearson explained that the grant is supposed to help African American property owners
preserve their property.
June 11, 2018 Page 6
Mayor Hart asked that Mr. Pearson leave chambers due to not following the guidelines for oral
presentations.
Mr. Amos stated that Noel Anderson has been keeping him in the loop and stated that he has been
doing an excellent job on the project.
Mr. Morrissey commented that the item should be postponed until July 9, 2018 and questioned the
urgency of the item.
Mrs. Klein questioned if the city is subject to liability.
Dave Zellhoefer, City Attorney, commented that postponing for a month will not open the city to
liability concerns.
146146 - Morrissey/Shimp
To postpone to July 9, 2018 with a work session prior to the vote. Roll call vote-Ayes: Seven.
Motion carried.
Mr. Schmitt questioned the timeliness.
Noel Anderson explained the grant application must be completed by June 30, 2019.
146147 - Morrissey/Shimp
that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for
work performed by Woodruff Construction of Waterloo, Iowa, in the amount of $75,176, in
conjunction with construction/repairs to Aircraft Storage Hangar No. 4, Waterloo Regional Airport,
and release of final retainage in the amount of$3,758.80", be adopted. Roll call vote-Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-420.
146148 - Morrissey/Shimp
that "Resolution approving the Contracted Education Proposal for the Hartman Reserve Stormwater
Education Program in the amount of$2,570.14, and authorize Mayor and City Clerk to execute said
document",be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Shimp questioned how education and outreach is defined and commented that Hartman Reserve
is not located within the city limits.
Jamie Knutson, Interim City Engineer, explained that Hartman Reserve brings a lot of school
children into their facility and explained the education planned for the event.
Mrs. Juon commented that a portion of Hartman Reserve is located in Waterloo.
Resolution adopted and upon approval by Mayor assigned No. 2018-421.
146149 - Shimp/Morrissey
that "Resolution authorizing the City Clerk to certify against certain parcels for unpaid weed
mowing, snow removal, and property clean-up fees", be adopted. Roll call vote-Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-422.
146150 - Shimp/Morrissey
that "Resolution authorizing the City Clerk to certify against certain parcels for unpaid weed
mowing, snow removal, and property clean-up fees", be adopted. Roll call vote-Ayes: Seven.
Motion carried.
June 11, 2018 Page 7
Resolution adopted and upon approval by Mayor assigned No. 2018-423.
ORDINANCES
146151 - Schmitt/Amos
that "an Ordinance amending the 2008 Traffic Code by amending Subsection (45A), Tower Park
Drive, to Section 545, Yield Street, by deleting Subsection (45A) in its entirety and inserting in lieu
thereof a new Subsection (45A) Tower Park Drive, to Section 545, Yield Streets as follows: Tower
Park Drive - Bankers Blvd. and Fisher Drive, at Winn Street, from West of Jonathan Street to Hurst
Drive", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes:
Seven. Motion carried.
Sandie Greco, Interim Public Works Director,provided an overview of the ordinance.
146152 - 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.
146153 - Schmitt/Amos
that "an Ordinance amending the 2008 Traffic Code by amending Subsection (45A), Tower Park
Drive, to Section 545, Yield Street, by deleting Subsection (45A) in its entirety and inserting in lieu
thereof a new Subsection (45A) Tower Park Drive, to Section 545, Yield Streets as follows: Tower
Park Drive - Bankers Blvd. and Fisher Drive, at Winn Street, from West of Jonathan Street to Hurst
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 Ordinance No. 5457.
146154 - Shimp/Schmitt
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by
amending Chapter 1 Traffic Code, of Title 6 Motor Vehicles and Traffic, by adding Article 5 Officer
Traffic Citation", be considered and passed for the third time and adopted. Roll call vote-Ayes: Six.
Nays: One (Morrissey). Motion carried.
John Sherbon, 1715 Robin Road, explained that a lot of cars in Waterloo speed and observed a
camera on Sans Souci and that the officer was not very visible to motorists. He explained that if
officers are not visible then it is not a deterrent.
Mr. Morrissey questioned if officers are allowed to use discretion when issuing citations.
Dan Trelka, Chief of Police confirmed and explained that officers can make a decision to cite once
the individual is pulled over.
Mr. Morrissey questioned if the passage of the ordinance has an urgency.
Dan Trelka explained that there are other components such as a contract and another ordinance
proposal.
Mr. Morrissey questioned if it would be problematic to delay the final vote on the ordinance to July
16, 2018.
Dan Trelka explained that postponing the third reading would not be problematic.
Mr. Morrissey commented that the council should make use of the Human Rights Commission.
David Dryer, 3145 W. 4th Street, commented that he has not been racially profiled because he is
white and stated that if someone gets a citation they need to pay the fine.
June 11, 2018 Page 8
Josh Wilson, 170 S.E. Kellerman Lane, Waukee, Iowa, stated that he believes there is a lot of
confusion on the issue and questioned if the police chief is going to direct officers to issue more
citations and when the program will go into effect, especially considering there are other steps to get
the program fully operational.
Dan Trelka explained that officers will not be directed to issue more citations and that the program
changes the process on how tickets are processed.
146155 - Morrissey/Amos
To postpone to July 23, 2018 to allow the Human Rights Commission time to review the ordinance.
Roll call vote-Ayes: Three. Nays: Four(Jacobs, Shimp, Klein, and Schmitt). Motion failed.
Mr. Shimp commented that he has asked for a work session on an ordinance he is proposing on the
makeup of a board for reviewing citations which would include an impartial citizen, Police
Department member, and Human Rights Commission member.
Mr. Amos requested that council members and members of the community look up the racial equity
toolkit.
Mrs. Juon commented that if it is tabled to July 23, 2018, she would like to have a work session on
that date regarding the Human Rights Commission toolkit.
Mrs. Klein commented she is not in favor of tabling the item.
Ordinance adopted and upon approval by Mayor assigned No. 5458.
146156 - Juon/Schmitt
that the council adjourn to Executive Session at 6:55 p.m. Roll call vote-Ayes: Seven. Motion
carried.
City Attorney Dave Zellhoefer stated that discussion of the purchase of real estate is an approved
topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2017).
EXECUTIVE SESSION
146157 - Juon/Jacobs
that the council adjourn Executive Session at 7:11 p.m. Voice vote-Ayes: Seven. Motion carried.
ADJOURNMENT
146158 - Juon/Jacobs
that the Council adjourn at 7:12 p.m. Voice vote-Ayes: Seven. Motion carried.
Kelley Fel0e
City ClerkV