HomeMy WebLinkAboutMinutes-01/18/2011January 18, 2011
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, January 18, 2011. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Jones, Greenwood, Schmitt, Welper, Hart. Absent:
Getty.
Moment of Silence.
Pledge of Allegiance: Cammie Scully, Director of Cultural & Arts Commission.
135827 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Tuesday, January 18,
2011, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty.
Motion carried.
135828 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, January 10,
2011, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty.
Motion carried.
Councilperson Welper, you were kind of testing my memory this last few days. I
looked at my agenda over the weekend and I saw that I had a Human Resources
Committee meeting. And I thought how did I remember that? I go back to the
draft and it was not on there. Then I see that the Public Safety position is on
the consent agenda, which was not on there Thursday, January 13, 2011 as well.
And I don't see how you can have the position of safety services on a consent
agenda. I think that has to be separate and there's been opposition to that.
Mayor Clark, we had a discussion about the safety position being on the consent
agenda internally. We determined that it was the right place for it. Although
it is a new position, it technically is an internal promotion so we felt it was
the procedurally correct thing to do.
James Walsh, City Attorney, any council member can ask to have it taken off the
agenda or moved to the end of the agenda.
Councilperson Welper, so I'm asking that this be removed from the consent agenda
and be voted on separately.
Mayor Clark, that is item number 1b6 on the consent agenda, that will be taken
off and put at the end of the regularly scheduled agenda as item number 17.
CONSENT AGENDA
135829 - Hart/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 Schedule AP642, pp. 1-91, dated January 18, 2011, in
the amount of $2,806,430.70, 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. 2011-34.
b. Motion to approve the following:
1.
2.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Dennis Gentz,
P.E., Assistant
City Engineer
47th Annual
Concrete
Paving
Workshop
Ankeny,
Iowa
February
2-4, 2011
$350.00
Matthew
Chesmore,
Rehabilitation/R
elocation
Specialist
Lead Training
- Initial
Courses for
Certifications
Ankeny,
Iowa
January
24-28,
2011
$1,545.00
January 18, 2011
3.
4.
5.
Page 2
Rich Warren and
Allynn Howe,
Consultants for
Government
Relations
Travel to
Waterloo for
the
application of
projects for
potential
federal
funding
Waterloo,
Iowa
November
3-5, 2010
$1,215.00
Kent Shankle,
Curator; Ken
Warren,
Tech/Preparator
Deliver Iowa
Watercolor
Society
Touring
Exhibition &
pick up
artwork for
exhibition
Fort
Madison,
Iowa &
Chicago,
Illinois
January
17-18,
2011
$560.00
Brian Rath,
Treatment
Operator
Supervisor
Collection
System Basics
Cedar
Rapids,
Iowa
February
23-24,
2011
$250.00
6. Recommendation of appointment of Daniel J. Trelka to the position of
Director of Safety Services, effective January 18, 2011 -Submitted by Mayor
Buck Clark
Beer License Permit Application
Class C
7. Hy -Vee Gas 42, 2221 Logan
Sunday Sales)
Avenue (Renewal) (Expires 1/2/12) (Includes
Liquor License Permit Application
Class C
8. The Other Place, 360 E.
(Includes Sunday Sales)
9. Z's Restaurant & Lounge,
10/31/2011)
10.Electric Park Ballroom, 310
(Includes Sunday Sales)
11.BHC United, 310-312 W. 4th Street (New) (Expires 1/3/12) (Includes Sunday
Sales)
12.CU Restaurant & The Cellar, 320 E. 4th Street (New) (Expires 10/15/11)
(Includes Sunday Sales with Catering Privilege)
Ridgeway Avenue (Renewal) (Expires 1/25/12)
3937 W. Airline Highway (Renewal) (Expires
W. Conger Street (Renewal) (Expires 1/27/12)
Outdoor Service Area Application
13.Electric Park Ballroom, 310 W. Conger Street
Prior to a vote on the above items, the following comments were heard.
Councilperson Schmitt, lbll is a new liquor license and that has been a problem
down in that area. I was wondering if we could just have the Chief of Police
say a little bit about the process that went on there to put everybody's mind a
little at ease.
Daniel J. Trelka, Chief of Police, the police department has a very thorough
process that has been approved by the council to ensure these businesses are
legitimate businesses that are going to be well run with a very thorough
business plan. And this survived our process. As a matter of fact, I spoke
with Sergeant Greenlee who is involved with this process and he's comfortable
with this license being issued to this particular group of individuals.
Councilperson Schmitt, no history with any of them in any previous situations?
Chief Trelka, none at all.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six, on all items but 1b6 which has been moved to the end of the
agenda. Absent: Getty. Motion carried.
January 18, 2011 Page 3
PUBLIC HEARINGS
135830 - Schmitt/Greenwood
that proof of publication of notice of public hearing on Request of Suresh and
Rupa Reddy to rezone from "A-1" Agricultural District to "R-4" Multifamily
Residence District approximately 7.48 acres generally located south of 6015-6220
Donegal Circle for the purpose of constructing apartments that will serve the
students at Hawkeye Community College; and rescind Ordinance No. 5021 in its
entirety, as published in the Waterloo Courier on January 14, 2011, be received
and placed on file. Ayes: Five, with Councilperson Hart abstaining because he
is employed by Hawkeye Community College. Absent: Getty. Motion carried.
Getty now present at 5:39
135831 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Greenwood
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Six, with Councilperson Hart abstaining because he is employed
by Hawkeye Community College. Motion carried.
135832 - Schmitt/Greenwood
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 410 to Section 2A-5, Rezoning Certain
Property; and rescind Ordinance No. 5021 in its entirety", be received, placed
on file, considered and passed for the first time. Ayes: Six, with
Councilperson Hart abstaining because he is employed by Hawkeye Community
College. Motion carried.
135833 - Schmitt/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six, with Councilperson Hart abstaining
because he is employed by Hawkeye Community College. Motion carried.
135834 - Schmitt/Greenwood
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 410 to Section 2A-5, Rezoning Certain
Property; and rescind Ordinance No. 5021 in its entirety", be considered and
passed for the second and third times and adopted. Ayes: Six, with
Councilperson Hart abstaining because he is employed by Hawkeye Community
College.
Ordinance adopted and upon approval by Mayor assigned No. 5025
135835 - Schmitt/Greenwood
that proof of publication of notice of public hearing on Request of Union
Baptist Church to rezone from "R-2" One and Two Family Residence District to "C -
1,C -Z" Conditional Zoning District approximately 1.29 acres generally located
south of 130 Jackson Street for the purpose of constructing 79 individual mini
storage units, as published in the Waterloo Courier on January 11, 2011, be
received and placed on file.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Jones, there are a few neighbors in the area that have some
concerns about this particular project. I think it's a good project with
property landscaping and such. But have those concerns been addressed?
Mayor Clark, I don't know if they have but I think that they have. I know Mr.
Western is ready to present some information regarding this item. We have a
hearing and if any of them are here we can certainly address them or they have
the opportunity to come to the microphone. We'll proceed and see if they are.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
January 18, 2011 Page 4
135836 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Councilperson Hart, there was one written objection from Charlyn Alexander and
she indicated that she did have multiple conversations with Pastor Jenkins and
still is not in favor of the project.
Pastor Marvin Jenkins of Union Missionary Baptist Church, we do intend to comply
with all of the specs that the city lays out for us, especially the landscaping.
The project is designed to enhance the community on the utmost. It's designed
to even blend in with the church and the center in which we own at this time.
The colors and everything else was all designed to be one big project, one big
campus. I am without a doubt and certain that when it's all completed, the
entire community as well as the city at -large, will be well pleased with this
project. I want to thank the planning and zoning department in advance for all
the work that they've done with this for the past six months. To see that we
try to meet all the specs that the city would require to take this project
forward.
Councilperson Hart, did you have an opportunity to talk to residents?
Pastor Jenkins, yes I did. We found all of the residents to be pleased with the
project and moving forward. Mrs. Alexander, I did have about a 1% hour
conversation with her. She had some hypothetical things that she proposed to us
that I was honest enough to tell her that I could not answer those things. I
don't know if the wind is going to blow north or south tomorrow and those are
some of the questions. But we entertained those questions because she's a
property owner and we want her to be happy. One of the things was traffic but
traffic is a no brainer there. The interest of the properties is not even on
the side that her property is on. And as I explained to her, if we were able to
lease two units per week over the next six months, we would be very happy. My
feelings as far as noise, we could compare it with the train in the yard but I
don't think the only reason you would have a quiet neighbor is if we were to put
up a gravesite there. So you know, it's not a noisy project. We searched and
evaluated what could go there and blend in. Our biggest obstacle for residence
is the railroad. They are not going anywhere so we've got to do something to
try to deal with them and that is where we are at.
Councilperson Jones, I believe Mr. Western spoke to a few of the residents.
Were you able to resolve anything with them or did you reach any of them?
Chris Western, Planner II, I did speak with Mrs. Alexander a couple of weeks
ago. She expressed several concerns. Some of the concerns she mentioned were
the vacant field collected a lot of trash, which I pointed out that if the
project was there the trash would no longer be there. She said some people
would park there and hang out and do things to wake her up at night. I
expressed that perhaps with the mini -storage there that might alleviate that as
well. So it just seems to me that some of the concerns that came up were
solvable. However, esthetics is one thing. And you have pictures of what the
building is going to look like with the exception of the doors not being green.
They will be pewter to match the church. So it sounds like other than having
the concern with esthetics as long as they will be required to do a landscaping
project along there to try to screen the effects of a mini -storage. And we are
confident that what we require will sufficiently screen that mini -storage from
her property. So to answer your question, it sounds like from my conversation I
thought that we had gotten through a lot of her concerns.
Councilperson Jones, if the residents are happy with the project and it sounds
like they are, then any other problems sound solvable through landscaping. And
it could be an improvement. There's a railroad with 27 tracks or something, I
mean it's pretty wide. So this could be a noise buffer between that very wide
and loud switching yard and residents.
Greenwood/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
135837 - Greenwood/Schmitt
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 411 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
135838 - Greenwood/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
January 18, 2011 Page 5
135839 - Greenwood/Schmitt
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 411 to Section 2A-5, Rezoning Certain
Property", be considered and passed for the second and third times and adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5026.
135840 - Hart/Greenwood
that proof of publication of notice of public hearing on Replacement of
Livingston Hangar Windows at Waterloo Regional Airport, as published in the
Waterloo Courier on January 11, 2011, be received and placed on file. Ayes:
Seven. Motion carried.
135841 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Greenwood
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
135842 - Hart/Greenwood
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Replacement of Livingston Hangar Windows at Waterloo
Regional Airport", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-35.
135843 - Hart/Greenwood
that "Resolution ordering construction in conjunction with Replacement of
Livingston Hangar Windows at Waterloo Regional Airport", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-36.
135844 - Hart/Greenwood
to receive, file and instruct City Clerk to open and read bids and refer to
Airport Director for review:
Bidder
Bid Bond
Bid Amount
Zephyr Aluminum Products, Inc.
555 Huff Street
P.O. Box 936
Dubuque, IA 52004-0936
5%
$30,895.00
Ayes: Seven. Motion carried.
RESOLUTIONS
135845 - Schmitt/Welper
that "Resolution approving recommendation of acceptance of bid from Marion Body
Works of Marion, Wisconsin, for the purchase of a new fire truck in the amount
of $452,134.00 -Submitted by Mike Jenn, Interim Fire Chief", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-37.
135846 - Schmitt/Welper
that "Resolution approving 2011 Golf Fee Schedule as recommended by the Leisure
Services Commission -Submitted by JB Bolger, Golf Manager", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Welper, obviously the rate increase on golf fees is the need of
revenue but I have to think that we're going in the wrong direction. As long as
I've lived here, I've been told that Waterloo has some of the finest golf
courses around. We are very fortunate to have those. Unfortunately what is
happening is surrounding communities are also building golf courses and
everybody is struggling with making ends meet and trying to attract golfers to
January 18, 2011 Page 6
their place. I've been told by some of the senior citizens that they're gonna
have to scale back this year because they have not been receiving any additional
money on their social security checks. Our built-in costs are already there.
It doesn't cost any more for somebody to play golf five times versus one time.
I would rather see a golfer play twice for $30.00 versus play once for $20.00.
If anything else, humor me if they went three days a week at $15.00 or whatever.
Try something to lure the golfers back to Waterloo. Start our own golf war. I
think we need to attract the people back to Waterloo. I mean at least keep them
here, and I would like to see a reduction of the fees.
Mayor Clark, good comments Mr. Welper. And I might add that when I play on the
courses, I like to play all of them. I want to see the whole course so I don't
stop right in the middle, I get my monies worth.
Councilperson Hart, how do our rates compare to surrounding communities then
value wise?
Paul Huting, Leisure Services Director, they are very comparable. I didn't
bring a rate chart. I certainly can get that information for you. Cedar Falls
did just raise their rates a comparable amount. $50.00 are most season passes
and $1.00 on most daily rounds. We are comparable to those around us. We are
probably a little lower than some of the clubs and a little bit higher than some
of the real small golf courses in the area. But we are competitive.
Councilperson Hart, as far as selection we have how many public golf courses
compared to some surrounding communities?
Mr. Huting, well we have the three 18 -hole golf courses that you can play with
the one pass if you do buy a season pass. So that is an added benefit.
Councilperson Cole, if we talk about holding the line on golf rates what hasn't
gone up in the last three years? Salaries have gone up, what you are paying
people, correct?
Mr. Huting, correct.
Councilperson Cole, what about gas?
Mr. Huting, we have seen increases.
Councilperson Cole, fertilizer?
Mr. Huting, right.
Councilperson Cole, chemicals that usually have some petroleum in it?
Mr. Huting, sure.
Councilperson Cole, and we haven't raised the rates in three years?
Mr. Huting, we generally after three years do. That's kind of our regular
interval, if there is such a thing. And I'm going to mention that our Golf
Committee Chair Kevin Evans is here and our Vice Chair of the Commission is
here. Several council members were at our meeting when we discussed this. I
guess the theory is leave the rates the way they are and the play will go up and
you'll make your money that way. And the only way you'd find out would be to
try that. What we have seen over the past many years when we've raised it on
these three year intervals, we do see an increase generally speaking on our
total revenue. It's not uncommon to see a few season passes lag for that first
year when we change it. But generally those come back the second year. The
first year that does increase. The other thing I would remind council of is
that we had a discussion during budget time last year. Since our rates for next
season span two budget years, we did project a rate increase for this upcoming
season.
Councilperson Schmitt, do you know how our rounds have tracked the last few
years? Are we steady, up or down?
Mr. Huting, we've got 85,727 rounds in 2008; 94,462 rounds in 2009 and 92,603
rounds in 2010. In 2008 we had a pretty lousy weather year, 2009 we had a great
weather year. But generally speaking we are starting to regain some of the
rounds that we lost over the last 10 years or so. Probably the hay day of golf
was probably 10 years ago when we had our rounds considerably higher than this.
But they are kind of generally increasing back up.
Councilperson Schmitt, I know you've got some avid golfers on your committee so
I'm assuming that they kind of look at all of the options, but I think some of
the surrounding towns charge a higher fee on the weekends or that type of thing.
January 18, 2011 Page 7
Is that something we've taken a look at? Because we are the same where Monday
is a dead day, etc.
Mr. Huting, we do have some specials that kind of address that. And we have the
MTW Special which is the weekday special. That rate is $9.00 so that is kind of
our attempt rather than tack it on the weekends when we offer a special on the
weekdays is our approach.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Nays: Welper.
Resolution adopted and upon approval by Mayor assigned No. 2011-38.
135847 - Schmitt/Welper
that "Resolution approving recommendation of award of contract to Miller Fence
Co., Inc. of Waterloo, Iowa in the amount of $33,915.00 in conjunction with
Percy Danes Baseball Complex Fencing Improvements Diamond #3 -Submitted by Rick
Curran, Leisure Services Facilities Manager", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-39.
135848 - Cole/Getty
that "Resolution approving Professional Agreement with Invision Architecture in
an amount not to exceed $14,000.00 plus reimbursable expenses not to exceed
$500.00 for analysis, design work, bid documents and construction coordination
related to the Waterloo Center for the Arts Window and Door Replacement Project -
Submitted by Craig Clark, Interim Building Official/Maintenance Administrator",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-40.
135849 - Cole/Getty
that "Resolution approving extra services per contract with Snyder & Associates
in the amount of $1,158.00 in conjunction with Hammond & Ridgeway Project -
Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-41.
135850 - Cole/Getty
that "Resolution approving request by Young Development, LLC for a variance to
the City of Waterloo Subdivision Ordinance, Section 2.4 (2) a, Signing and
Recording of Subdivision Plat, to allow for the recording of Klingaman Park 4th
Addition -Submitted by Noel Anderson, Community Planning & Development Director",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-42.
135851 - Hart/Cole
that "Resolution approving Contract Amendment to Iowa Department of Economic
Development Multi -Family (Rental) Unit Production -New Construction Program -Round
2-IDED Contract 08-DRH-211 on the award of disaster recovery funds in an amount
not to exceed $525,000.00; and authorize. Mayor to execute said document -
Submitted by Nancy Gulick, Community Development Coordinator", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-43.
135852 - Hart/Cole
that "Resolution approving Completion of Project
Acceptance of Work performed by Tideflex Technologies
at a total cost of $72,695.00 in conjunction with F.Y
Purchase, Contract No. 793 -Submitted by Eric Thorson,
adopted. Ayes: Seven.
and Recommendation of
of Carnegie, Pennsylvania
. 2010 Dry Run Arch Valve
P.E., City Engineer", be
Resolution adopted and upon approval by Mayor assigned No. 2011-44.
January 18, 2011 Page 8
135853 - Hart/Cole
that "Resolution approving setting date of hearing as February 7, 2011 to
approve a Development Agreement with an updated completion date of July 30, 2011
for Black Hawk Contracting and Development Inc., including the sale and
conveyance of city -owned property generally located on East 8th Street from
Lafayette to Sycamore Streets, for the purpose of construction of 5 new single-
family homes; and authorize City Clerk to publish notice of same -Submitted by
Noel Anderson, Community Planning & Development Director", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-45.
135854 - Welper/Cole
that "Resolution prohibiting firearms and weapons in and on property owned,
leased, or otherwise occupied by the City of Waterloo -Submitted by Mayor Buck
Clark", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Schmitt, I know I got several phone calls and e-mails on this and
I assume other council members did too. Several questions that I wanted to
raise is No. 1, did we consider the Five Sullivan Brothers Convention Center a
city building? McElroy Auditorium? Cattle Congress buildings? Those type of
buildings? Would they qualify under this? Because I believe we have a certain
number of gun shows that take place at those, and I'm just wondering how is this
going to affect that?
James Walsh, City Attorney, only city buildings are covered by the city property
so Cattle Congress would have to make their own decision. Five Sullivan
Brothers Convention Center is a city owned property.
Councilperson Schmitt, so we wouldn't be able to have gun shows in there and I
don't know if we do now but I thought we did. So we wouldn't be able to have
gun shows there?
Mr. Walsh, you wouldn't be able to carry a weapon into the building. Whether or
not you can have a gun show there would depend on whether you wanted to have
one. If you want to have one, then this resolution can exclude it. The
properties are under control of the city council and the mayor. And you can
decide how you want to handle them yourself. If you want to make an exception
for gun shows, you sure could.
Councilperson Schmitt, also the other questions I received were in regards to
second amendment violation and whether or not we are violating the constitution.
I guess I would just like to have you speak on that.
Mr. Walsh, I can speak on it but the Supreme Court has been speaking on it for
decades and still hasn't quite settled on everything. I would say that this is
as close as we can get for right now. If people want to disagree as to whether
it is a constitutional resolution or not they are welcome to. I can't tell you
the answer until we take it to the courthouse across the street. It seems to be
permissible right now. The Attorney Generals office said it was. Many cities
are doing this. If it isn't a constitutional right to limit access to your own
property, I don't know what is. I think if there is a serious concern about
this, I think we should get an adjudication across the street and someone should
challenge it so we can get that.
Councilperson Hart, in regards to Councilperson Schmitt's question. For
instance, if there is a gun show at Five Sullivan Brothers Convention Center or
someone wants to hold it, is there a process that we can utilize to do it or do
we need to give them special exemption now? Or do they submit something to the
Director of Safety Services and he makes a recommendation to the council to
allow that?
Mr. Walsh, this is a resolution so the only way to amend it would be to ask you
to amend it. If someone wanted to have a gun show, then they should make a
request to the city council. And then the city council could pass the
resolution amending this to allow the gun show for however many days you want to
have it. There is no automatic process. It's pretty easy to change it though.
Councilperson Cole, so we would take this on a case by case basis. If you want
to have a gun show in a city building, it would be like having a band in Lincoln
Park?
Mr. Walsh, you'd ask for a variance to have it.
January 18, 2011 Page 9
Mayor Clark, I don't remember any gun shows at Five Sullivan Brothers Convention
Center but I'm not saying that it couldn't happen.
Councilperson Cole, they are usually at Cattle Congress grounds.
Randy Herod, 111 Highland Boulevard, what I am here tonight to do is ask you to
postpone doing this. While I understand what Mr. Walsh said that it's
absolutely true. There is a number of cities that are doing this kind of thing.
There's also a number of cities that have decided not to do this because they
fear of getting sued on this and they fear there's also a number that have
backed off from already starting this and have stopped doing what they were
doing. It's true that the Attorney General's office has made an opinion. In
fact, he has made several about this issue. But it does seem to come down to a
fairly narrow area that he's talking about. We have the law of preemption which
says that basically you can't be more restrictive than what it is in state law.
And he is saying that basically that's overruled because of what Mr. Walsh had
said. That the city is considered the owner of the properties and therefore as
owner can do what they want. Does the city fall into the category as a private
citizen doing that? That's what's going to be adjudicated. And all I'm.
suggesting is that it might be a good idea to postpone doing this until you see
what's really going on in some of these communities. And some of these are
going to go to court. There's no question about that. The Iowa Firearms
Coalition is preparing on that right now. And all I'm saying is that it would
seem like really smart, rather than jump into the water all the way, just hold
off until we see what's going on. One other thing too is that this is more
perception than anything else I guess. We all understand the concern. We all
understand the reality of the world we live in and these laws would be here too
and this resolution would end up protecting pretty much those who are officials
and employees of the city. But it won't really do an awful lot even by intent
for citizens. They kind of make it separation in that image. I'm not, I'm
saying I know that's not your intent but I'm just saying that's an image that
comes about from this kind of thing. I would just hold off until you have an
opportunity to see what's going on with the rest of the state and see how the
Attorney General does in his opinion. Because remember they are not laws, they
are only opinions of the Attorney General. And while we certainly all listen to
what the wise words that he comes up with, they are merely opinions until as Mr.
Walsh said, they walk before a bench and a final decision is made.
Mayor Clark, thank you Mr. Herod. I might just make one comment to your comment
regarding the appearance of it being directly specific for public officials.
One of the things that we talked about really in depth is the language for this
and the intent of this particular weapons ban was, and you'll notice in the
wording, it says all city property, which will include Lincoln Park for
instance. And it was our opinion that if people chose to begin to carry weapons
on public spaces, that it just increases the opportunity for a fight that
started after someone had had too many beers is going to end up being a fist
fight and then now there's a gun involved. And we are trying to prohibit that.
So we are very much taking into consideration the citizens.
Mr. Herod, I know that this is not the place for debate but I'd just say that
any study I've read, and I'll reference Professor John Lot, is probably the best
one that's out there because he has done the most complete studies. When you
are talking about people who are legally armed, that basically doesn't happen.
And those who are not legally armed really don't care about your resolutions or
laws anyway.
Forrest Dillavou, 1725 Huntington Road, your statements and questions about the
Five Sullivan Brothers Convention Center, I have attended gun shows there. And
at each of those gun shows people bring in their guns that they want to sell and
dealers sometimes get them bought and sometimes don't, as well as citizens going
in and buying guns and taking them out. Five Sullivan Brothers Convention
Center is not real prosperous I'm sure. And this would probably take two days
out of each year out of their schedule.
Brent Gernant, 823 Lorraine Avenue, this will be more brief than the e-mail.
Tonight you are voting on a resolution to prohibit firearms on public property
in the City of Waterloo. I thank you for allowing public comment despite the
lack of public hearing. But there are several reasons why this resolution
should not be passed at this time. First of all, this resolution is a reaction
to media hype rather than any actual change in Iowa Law. The only thing that
changed on January 1, 2011 was the implementation of uniform standards for
issuing permits to carry. In Black Hawk County virtually nothing has changed.
From the Waterloo Courier on January 13, 2011, Sheriff Thompson said the law
changed a little about how his office handles applications. Both Thompson and
his predecessor, Mike Kubik, had been running the permit process along the lines
of a shelled issue operation. So why is this coming up now? Because of media
hype, not because of any change in the actual effect of the law. Secondly,
restricting legal carrying of firearms does not make the public safer. In fact,
the opposite is true. Research by Professor John Lot of Yale and William
January 18, 2011 Page 10
Landous of the University of Chicago suggest that the right to carry laws reduce
the likelihood of multi -victim public shootings in a state by up to 70 percent.
And when they do occur, they most often occur in a gun free zone where permit
holders are forbidden from carrying them. Another comprehensive study by
Professor Lot showed that states which passed right to carry laws reduced their
murder rate by 8.5 percent, the robber rate by 3 percent, rape by 5 percent and
aggravated assault by 70 percent. Finally, the resolution is not legal. The
Attorney General's office sent a letter to County Attorney's last month that
suggest cities and counties by-pass state laws by misusing criminal trespass
law. However, this opinion is a direct contradiction of state law and confuses
the difference between public and private property. Iowa Code Section 724.28
prohibits any political subdivision of the state from regulating the ownership,
possession, legal transfer, lawful transportation, registration, or licensing of
firearms. The Iowa Constitution states that all men and women are by nature
free and equal and have certain inalienable rights. Among which those are
enjoying and defending life and liberty, acquiring, possessing and protecting
property, and pursuing and obtaining safety and happiness. No one gave this
council the power to deny individuals their inalienable right to defend life and
liberty.
Roger Bradley, 1223 Bertch Avenue, how come this law has come up? I just like
to know because all of the city property is a lot safer than our streets. You
guys just want to protect yourselves or what? And I'd like an answer.
Mayor Clark, we want to protect ourselves yes sir.
Mr. Bradley, then why don't we get out in the street where it's a lot more worst
than sitting here in the council building?
Mayor Clark, I'm not going to answer further questions Mr. Bradley, but if you
have a statement, then please go ahead.
Mr. Bradley, and does that include all parks?
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. 2011-46.
OTHER COUNCIL BUSINESS
135855 - Cole/Hart
to instruct Interim Building Official/Maintenance Administrator to prepare
specifications, form of contract, etc. in conjunction with Five Sullivan
Brothers Convention Center Duct and Coil Cleaning, be received, placed on file
and approved. Ayes: Seven. Motion carried.
135856 - Cole/Hart
that specifications, form of contract, etc. in conjunction with Five Sullivan
Brothers Convention Center Duct and Coil Cleaning, be received and placed on
file. Ayes: Seven. Motion carried.
135857 - Cole/Hart
that "Resolution preliminarily approving specifications, form of contract, etc.
in conjunction with Five Sullivan Brothers Convention Center Duct and Coil
Cleaning", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-47.
135858 - Cole/Hart
that "Resolution setting date of hearing on specifications, form of contract,
etc. and bid opening as February 7, 2011 at 5:30 p.m. in the City Hall Council
Chambers on the above described project", be adopted and City Clerk instructed
to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-48.
135859 - Greenwood/Cole
that request from Martin Luther King, Jr. Peace Walk Committee to use Washington
Park as a site for the Martin Luther King, Jr. Peace Walk Memorial, together
with recommendation of denial of the Waterloo Leisure Services Commission -
Submitted by Paul Huting, Leisure Services Director, be received, placed on file
and denied.
January 18, 2011 Page 11
Prior to a vote on the above motion, the following comments were heard.
Mason Fromm, 1922 Grand Boulevard, Cedar Falls, Iowa. I am the Chairperson of
the Cedar Valley Civil Rights Peace Walk Commission. And our aim is to enhance
Washington Park with a beautiful amenity park. Currently Washington Park has a
diagonal sidewalk, has a beautiful Japanese pavilion or tea house as it's
commonly referred to. What we'd like to do is increase the use, increase the
visibility and basically spruce up the place with what we feel is a very
important story in Waterloo's history, which is the visit in 1959 of Martin
Luther King Junior. And with this being the day right after Martin Luther King,
the day that has been celebrated for over 25 years as a federal holiday in our
country, it's a very right time to discuss this issue and move forward. If you
don't know the story, this young lady right here, Anna Mae Weems, was working in
the White House in 1959 and brought Dr. King here basically on a whim. She
grabbed his arm and said people need to hear you pray. He came right to
Waterloo, walked our streets, and spoke with many of the community leaders.
Businesses such as John Deere stepped up with funds and Palace Clothiers gave
him clothing. People escorted Dr. King around in our streets and I think that
story is such an important one to tell in our community. After 1959, of course,
we all know Dr. King's works until his untimely assassination in 1968. It's a
very passionate project for me. I want my four children to learn from the
mistakes, from the trails of the 1960s, 1950s and certainly beforehand. If we
can learn from history, we are destined not to repeat history. And I want to
make sure that this important historical tie to one of the greatest Americans
who ever lived is showcased right here in Waterloo. Now, getting to the
resolution. At the Leisure Services Board meeting there was some confusion as
far as the ending of the meeting. It was our impression that we were instructed
to bring back recommendations and further explore some of the other sites that
were before us right before Thanksgiving. Mayor Clark invited us to the
Vandewalle meeting and we learned of probably 6 to 8 additional sites that we
know would be available. And in order to correctly get those sites, we'd like
to have some time. Of course, between Thanksgiving and the holidays things are
extremely rushing for everyone. I had another child born during that time so we
weren't able to get a quorum together for our committee. It's my hope that the
council will do one of two things. Either reverse the recommendation by Leisure
Services and allow Washington Park to be used as the site for the Martin Luther
King Jr. Peach Walk or allow us some more time to get those additional sites.
Mayor Clark, thank you Mr. Fromm. I don't think
myself, opposes this project. You know how strong
The only issue we are talking about here tonight
strength of the project or need for the project. I
you said so I really want to make sure that everyone
talking about here is the site, not the importance of
that anyone, particularly
I feel about the project.
is the location, not the
agree with everything that
understands that all we are
the project.
Councilperson Hart, Mr. Fromm you said there are 6 to 8 other sites out there
that has not been brought across the full board to make a decision yet. And you
wanted the opportunity to discuss those sites before.
Mr. Fromm, before we go to Leisure Services. And there's representatives from
the Leisure Services Board here. There were comments made during that meeting
that we feel we're going ahead blindly because we don't have all the information
at our fingertips to make an informal decision. So at the end of the meeting,
the chairperson named Buck said okay Mason, go find some more research and bring
it back to us. So that was our intention, and so it was a little bit surprising
that we were brought to the council to either approve or deny their
recommendation. The timing was right, right after Martin Luther King Jr. Day,
but we have not been given time to properly get those other sites. The thing
about the other sites is that they're kind of secret. They have to be secret
because they are part of, and some of them are still, privately owned land.
Some of them are several years off in the making. So we wanted to weigh all of
those issues and provide the Leisure Services Board and the Council with an A
through F or G list. It keeps the secret identity of those locations so it
doesn't stack up the cost of the land if the city decides to buy it or whatever
has to happen.
Mayor Clark, the only reason that you went to Leisure Service or that you are
here tonight for that matter, is because the request was for a city -owned park,
which is controlled by Leisure Services. If it wasn't that, if it were some of
those other sites that you mentioned in the downtown plan, it just happens.
don't have to have approval from council for that. That's just part of
project. This is here tonight because you chose a city -owned park for
location. That's why it had to go in front of Leisure Services and why we
in front of this body tonight.
We
the
the
are
January 18, 2011 Page 12
Councilperson Schmitt, based on the mayor's comments, basically you or whoever
chose Washington Park. And I don't know if this is a fair question for you or
maybe Mr. Kurtz, but to somebody that's been going to the committee for at least
a couple of years. How it came to be that Washington Park was picked for this?
Could you speak to that or Mr. Kurtz.
Mr. Fromm, Kurtz could also speak to that but I've been the chairperson for a
little over one year. I joined the committee about two years ago. And before I
joined, people had gotten together and formed this committee about a year prior.
So really it's been going on for about three years. The previous sites that
were vetted numbered about five. And I think in our city council work session I
had a map that showed those five sites. We narrowed them down to three and then
narrowed it down to one based on hopefully objective criteria based on size of
the land, amenities of the land, and location. Washington Park was far and
above the rest of the sites that were vetted originally. Now, since we've found
these other sites that were handed to us by Vandewalle, because they were a
secret until we went to the meeting that we were invited to by Mayor Clark. Now
we have this wider table or wider array of options to chose from. We'd like
time to hopefully apply these same objective principals to each one of those
sites. And then give you or Leisure Services a listing of why we think the
Peace Walk still remains at Washington or if there's another site that's better
out there, we'd recommend that one.
Councilperson Greenwood, I've been contacted several times by the Church Row
Neighborhood who is not supportive of it. And I'm very much in support of
having Martin Luther King Jr. Peace Walk somewhere in the community. And I
would support it, I guess, if the neighborhood supported it and Leisure Services
supported it. But they didn't. So I would ask Mr. Fromm and the committee to
go back and take a look to see if we can find a better spot to put the Peace
Walk.
Councilperson Jones, I've gotten calls and e-mails on both sides, both in
support and not supportive. They've all been in support of the project but not
in support of the location. And it's really turned into kind of a divisive
issue which really isn't a good start for a Peace Walk unfortunately. I know
it's a lot of the squeaky wheels. And I'm hearing from, I couldn't tell you if
it's truly supportative in my ward or its not. I hear from a variety of people
and most of them that I've heard from would prefer a different location than
Washington Park and would really like to get behind the project just in a
different location.
Larry Kurtz, 906 Bremer Road, Waverly, Iowa. From the HTS Architects, I'd like
to add just a little to the history of the park from an eyewitness, a former
associate who designed the tea garden. A few years after World War II, a local
Japanese architect named Tsi Sato designed a supervised construction of the now
appreciated Japanese pavilion and related landscaping in Washington Park. This
addition to the park offered residents a place to commemorate a past conflict in
a chapter in relationships between Japan and America while honoring the
contributions and struggles of Japanese Americans during the war. Successful
changes and additions to storage structures, public places have always occurred
in every country and every city of the world. One important consideration is
that any change should maintain the integrity of the original while seeking to
enhance it. In fact, the Grout Museum has been enhanced by the addition of the
Veteran's Museum, which has a very positive impact on our community. But for
sure was a major change to the original museum. Martin Luther King Peace Walk
would change the park in a way that would change its overall character while
respecting the basic existing park. It' would be a valuable addition to the park
and to the community as a whole. The MLK Peace Walk would be appropriately
located in Washington Park for another very important reason. The concept of
peace is essential to human development and cannot be overstated. It must
always be our main goal in creating an inherently good human community. At the
same time, events of the past and present make us very well aware that there are
many times when forced through war, it must come to play to prevent human
tragedy of a major scope. Both ideas of peace and war must be counterbalanced
in a successful human society. With Veteran's Museum directly adjacent, what
better place to celebrate peace as an equal consideration to war than the Martin
Luther King Peace Walk in Washington Park. I urge you, our council members, to
consider this concept and this location for the Martin Luther King Peace Walk.
Pastor Marvin Jenkins of Union Missionary Baptist Church, why is the site being
considered different than Washington Park? Is there a reason?
Mayor Clark, there is just a lot of opposition to the Washington Park location.
And I think that the majority of us want to see this project prosper and be a
win for everybody. And as Councilperson Jones said, when a project starts with
divisive right off the bat, that is not necessarily a good thing for the
project. But from my prospective when I took Mr. Fromm to the Vandewalle
meeting, we're creating an appearance in our downtown of different venues of all
kinds down there. And there are many places where there is an opportunity to
January 18, 2011 Page 13
have a connecting venue from one venue to another. Where there's real
opportunity, I think, for having hundreds if not thousands of people walk
amongst the different Martin Luther King attractions that might be on a daily
basis. Where I think from my perspective, I don't think that Washington Park is
going to get near the activity that maybe is thought. And another suggestion
that came up was, how about to have actual 4th Street included into the Martin
Luther King Peace Walk? What a symbolic structure that is. It connects the
east side and west side, and if Dr. King was here, he might have crossed over 4th
Street. And to have some venues on both sides of that with stations along 4th
Street I think would be a huge benefit. I just think there's a lot to offer in
all of the updating that we are doing in the downtown to have this project a
focal point in some of those events. And to maintain the integrity and the
history of Washington Park.
Pastor Jenkins, as Mr. Fromm stated earlier, that we really need some time to
consider the other options. And I think the motion for this to be denied for
the Washington Park, that perhaps we could really consider postponing that and
give him the opportunity before its closed out to consider everything. I would
hope that would be your final suggestions tonight.
Patty Berning, Director of Bridges Senior Living, 214 Washington Street, I'm
sure you're aware that Bridges is located just two blocks west of the proposed
site. I'm sure that some of you are aware that we have over 80 seniors living
at Bridges right now. I will tell you that it's a safety issue for them to walk
down there. Everybody knows what is behind our building. We have had a member
approached in the park trying to take his wallet, so now when he goes walking
two blocks away, he carries a club. Now how sad is that? I really think that
with the enhancements that we are looking at for the MLK Peace Walk, we would
certainly have improved lighting in the area. Wheelchairs would be accessible,
walkers would be accessible. Our property and our community is going to grow.
We are going to have more seniors there. And what a great opportunity for those
seniors to walk two blocks down and interact with children. It is a location
that you also have to look at again. And for many reasons I also would like to
submit 200 signatures of people that are supporting Washington Park. It's had
to get those.
Councilperson Hart, are the signatures that you have just from Bridges folks?
Because I keep hearing of opposition from neighbors in the area.
Ms. Berning, oh no. They are not from just Bridges.
Councilperson Schmitt, Councilperson Greenwood and Councilperson Hart and myself
have been involved with this committee for a while and I think that it just
seems to me as I've listened to this discussion for about the last year, that
some of it's emotional and some of it's logical. And I think that from a purely
logical standpoint going back to Larry Kurtz and the committee, originally
zeroing in on Washington Park, it was based on a logical reason that among other
things that that would tie the Grout Museum and Imaginarium together. It would
be a walkway between those two. We met with the Vandewalle group prior to you
becoming mayor and it fit into their museum district. And their initial
response was we hadn't even thought about this, but as they thought about it a
little bit more, they said that seems to kind of fit better. Because the city
is divided up into various rooms, I think is what they call it based on what
they are, but I hesitate to talk too much about this because I've got some
really good friends that are involved either in Church Row or the Historical
Society that again are opposed to this what I think are for emotional reasons
rather than logical reasons. But as we look at that whole area, the Grout
Museum, the Imaginarium, Snowden House, Bridges and you look at the area
immediately across South Street in there which is some of the highest crime and
some of the biggest problems that we've got in the city. And being able to
continue to develop that area I think would be a very sound and logical
decision. I think it would be beneficial to the Church Row Neighborhood. The
Chief and I and the former Building Official had been working with Church Row
leadership for quite some time to try to figure out how to get from a crime
standpoint. And I really think that this would enhance it as Ms. Berning
mentioned. And the more activity in the park, more lighting, more security and
I know the Grout Museum has got a bunch of great ideas on how they could
interact with this. And so I'm not opposed to these other ideas because I still
don't know where they're at. But I know that previous locations we looked in,
down along the river and some other park areas in downtown Waterloo that just
wouldn't fit because of the size standpoint, parking, restroom facilities,
safety or a number of different issues. And so as Mr. Fromm mentioned, we kept
coming back to Washington Park for that reason. I guess what I would really
like to recommend is that I would really like to table this so that we could
take some time to continue to have this dialogue because I don't want this thing
to be starting off in the friction that it is right now. I think if we are able
to take our time to look at some of these other locations, then maybe Washington
Park isn't it. But I'm just afraid that if we close the door on that now, then
January 18, 2011 Page 14
we have a certain group that's starting off with an attitude right off the bat
and I don't think that would be wise.
Councilperson Hart, I was actually going to see if we could table this for a
further date to at least let them take a look at some of the other projects
before it comes before the council.
Schmitt/Hart
To table the above item. Ayes: Seven. Motion carried.
135860 - that recommendation of appointment of Daniel J. Trelka to the position of
Director of Safety Services, effective January 18, 2011 -Submitted by Mayor Buck
Clark, be approved.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Welper, Mr. Trelka and I have talked in great length in regard to
this proposal. And again he understands this is nothing directed at him or
possible proposal. The reason why I am taking a stand against this is because
not all of the pieces are in place yet. And I feel very uncomfortable passing
something that isn't complete. Not only do I represent the citizens of Waterloo
but I also represent the men and women who protect us. In my visits with the
men and women, one of their major concerns was the loss of their training
officer. We have been looking at the different scenarios as to how we can save
the kind of dollars that you're speaking of. And the only one that we can come
up with is the elimination of the training officer. I can't agree to that when
there is so much opposition from the fire fighters in regards to that.
Councilperson Schmitt, do we know for sure or how long have we had a fire chief
in Waterloo?
Mayor Clark, I'm assuming since we've had a fire department. I'm not sure how
long that has been.
Councilperson Schmitt, and we've had a police chief for roughly the same amount
of time? And again, I have absolute respect for Chief Trelka. I've gone to
several neighborhood association meetings and he's very warmly received. He's
been a great influence and impact on the police department and everything that
is going on there, but the problem that I have with this process is we've taken
two major organizations in our city and virtually over night completely change
how they operate. You know, as you look at the agenda, we had a couple of items
tonight where we waived the second and third reading. And they were on some
rezoning of some land and storage units. Those had all gone to Planning and
Zoning. They've been in the Courier. They've gotten all kinds of publicity.
And this project, one of the biggest problems I have is waiving second and third
reading on something of this magnitude to where people didn't get an opportunity
to come and share their views. It didn't go through a planning and zoning
process that went on for a month or six weeks. And there are announcements in
the paper on Friday and within a week or two we were voting on it. Again, I'm
still not having a lot of the answers that I still don't think we have today. I
think I've been told that we've got a police captain that's gonna take the
police side of it and I have yet to hear who or whom. if they are going to take
it on the fire side because things just have not been clearly identified. And
again, I think this has the potential of being a great proposal and working
well, but it just seems to me we are just marching into it without taking our
time and taking our due diligence. And for that reason, I just can't support
it.
Mayor Clark, I might remind the council that we are not voting on whether or not
the ordinance passes. That passed last week. We are voting on the appointment
of Dan Trelka to the position we established last week. I couldn't agree with
you more, Mr. Schmitt, that this is going to be a great proposal given the
opportunity to move forward.
Councilperson Hart, is there any opposition from fire, written or oral, to Dan
Trelka being in this position?
Mayor Clark, no not that I am aware of.
Following comments a vote was taken on the above motion with the following
result. Ayes: Five. Nays: Schmitt, Welper. Motion carried.
ORAL PRESENTATIONS
135861 - Randy Herod, 111 Highland Boulevard, this is a little bit different than the
normal thing and it doesn't get any issues you folks are talking about. In our
community there have been over the years many people who have contributed
briefly to the development of this community. And yesterday one of those who
January 18, 2011 Page 15
was deeply involved in our community died and that was Shirley Koslowski. I
wanted to mention that because she was an extraordinary individual who really
cared about this community and did what we would like our youth to grow up into.
Mayor Clark, thank you for bringing that up. I knew that she was very ill and I
did not know she passed away. So my condolences to the family and if I'd had
known that, I would have asked for people to keep her in their thoughts when I
started the meeting.
Mr. Herod, my friend Bill Kammeyer and I were talking about this today and we
used to meet in Shirley's office at the Happy Chef. It would go from 10:00 p.m.
to 1:00 a.m. discussing subjects. Most of the time Shirley and I were not on
the same page, but when we walked away, there was never a single once of
animosity in that lady. She was an extraordinary person.
Cole/Hart
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
135862 - Cole/Hart
that the council adjourn to Executive Session at 6:49
Motion carried.
p.m.
Ayes: Seven.
City Attorney Jim Walsh stated that discussion of acquisition of property is an
approved topic of Executive Session pursuant to Iowa Code Section
21.5 (1) (j) (2009) .
EXECUTIVE SESSION
135863 - Hart/Cole
that the council adjourn Executive Session at 7:10
carried.
p.m.
Ayes: Seven. Motion
ADJOURNMENT
135864 - Hart/Cole
that the Council adjourn at 7:11 p.m. Ayes: Seven. Motion carried.
Carol Failor
Deputy City Clerk