HomeMy WebLinkAboutMinutes-September 3, 2019September 3, 2019
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 Tuesday, September 3, 2019. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Kelley Felchle, City Clerk
156729 - Juon/Schmitt
that the Agenda, as amended by deleting Item #11, Resolution approving a Land Access Agreement
with The Nature Conservancy, of Waterloo, Iowa, to allow temporary access across City owned
parcels in Southland Park Subdivision, to gain access to adjacent property owned by Robin Hood
Enterprises, LLC, for the purpose of transporting tree removal equipment, and authorize the Mayor
and Cily Clerk to execute said document, for the Regular Session on Tuesday, September 3, 2019, at
5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
156730 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, August 26, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Don Share, 1415 Downing Avenue, commented that anytime the right to comment has been taken
away it hampers the rights of the public and that the council was elected to serve not rule.
Jessica Rucker, Main Street Waterloo, invited everyone to attend the final Friday'Loo on this Friday
and added that it is employee appreciation night.
Forrest Dillavou, 1715 Huntington Road, thanked the traffic and sign department staff for their quick
action to upright a school crosswalk sign that had been knocked over.
Jack Black, 227 Downing Avenue, commended the Mayor and Council for facilitating the quick
response to clean up the corner of W. Walnut and Jefferson Street which he brought before council
last week.
David Dryer, 3145 W. 4th Street, commented that changing public comment infringes freedom of
speech.
156731 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
156732 - 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 September 3,
2019, in the amount of $3,292,586.47, 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. 2019-654.
2. Resolution approving Variance to Noise Ordinance request from Izet Kajtezovic on Saturday,
October 5, 2019 from 10:00 a.m. to 4:00 p.m., in conjunction with the Chestnut Festival to be
held at Byrnes Park.
September 3, 2019
1.
2.
a.
b.
c.
d.
Page 2
Resolution adopted and upon approval by Mayor assigned No. 2019-655.
3. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date
of bid opening as September 19, 2019 and date of public hearing as September 23, 2019 for
the FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981, and instruct
City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-656.
4. Resolution approving preliminary specifications, bid documents etc., setting date of bid
opening as October 3, 2019 and date of public hearing as October 7, 2019, in conjunction
with the FY 2019 Gates Park Golf Maintenance Building Replacement Project, Contract No.
1000, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-657.
b. Motion to approve the following:
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Wendy Drinovsky
Managing Police Records
Course
Cedar
Rapids, IA
October 11,
2019
$219.99
Investigator Copp
Iowa Department of
Criminal Investigation
Marijuana Identification
Course
Ankeny, IA
September 16-
19, 2019
$475
Cheryl Huddleston,
Human Resource
Manager
Iowa Public Employer Labor
Relations Association Fall
Conference
Ankeny, IA
September 12-
13, 2019
$225
Kathy Skillings, Lab
Foreman
*AMENDED*
Iowa Water Environment
Association 2019
Operator/Pretreatment
Conference
Newton IA
September 4,
2019
$140
a.
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Chilitos Mexican Bar and
Grill, 441 E. Tower Park
Drive
C Liquor
w/Outdoor Service
Renewal
8/7/2020
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or
Re -Appointment
Donna Huff
Cultural and Arts Commission
September 3, 2022
New
3. Bonds.
Roll call vote -Ayes: Seven. Motion carried.
RESOLUTIONS
156733 - Schmitt/Amos
that "Resolution accepting a grant from the Governor's Office of Drug Control Policy,
Methamphetamine Drug Hot Spots Program, in the amount of $22,000 with no matching funds
required, to provide overtime funds to assist in mid and high level methamphetamine investigations,
September 3, 2019 Page 3
and authorize the Mayor and Chief of Police to execute said document", be adopted. Roll call vote -
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-658.
156734 - Schmitt/Amos
that "Resolution accepting a grant from the Black Hawk County Gaming Association in the amount
of $150,000 for the Waterloo Skatepark Project, and authorize the Mayor to execute said document",
be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-659.
156735 - Amos/Feuss
that "Resolution approving an agreement with BFI Waste Services, LLC, dba Republic Services of
Cedar Rapids, Iowa, for the City of Waterloo's Voluntary Curbside Recycling Program by providing
collection and processing of all recyclable materials, for a period of five (5) years, with a four (4)
percent yearly rate increase, and authorize Mayor and City Clerk to execute document", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Jim Chapman, 224 Bertch, questioned if the city has yet addressed the thought to charge people in
apartments about paying to use recycling. He further questioned if a building in town can be used as
a recycling transfer station.
Randy Bennett, Public Works Division Manager, explained that this item only addresses single
residential dwellings and that separate consideration can be done at a later time to include multi -unit
dwellings.
David Dryer, 3145 W. 4th Street, questioned how exemptions are identified. He further commented
that the contract looks like it is written to the advantage of Republic Services, especially a section
that addresses an exclusive franchise with Republic. He commented on a change of market
conditions provision in the contract and questioned if it is appropriate.
Randy Bennett commented that part of the RFP process was to keep the cost as low as possible. He
stated that right now the plastics market has dropped out but the company wants to hold the
materials and turn them in when the market comes back. He explained that exemption to the
program is still being worked on.
Mr. Morrissey questioned the meaning of excluded waste.
Randy Bennett explained that it covers garbage put into recycling containers.
Mr. Morrissey questioned if Republic's trucks would have cameras to detect violators and
Randy Bennet explained that some of the trucks do have cameras as well as the processing facility,
and commented that if the truck drivers see obvious trash in the recycling they can call the city to
have it removed, thereby avoiding the additional cost for contamination.
Mr. Morrissey questioned if the council passes an ordinance to have a penalty for garbage in
recycling would it also reply to the curbside contamination found by Republic.
Randy Bennett confirmed that it could, and that once the agreement is approved, the topic of
ordinance wording will be discussed at future work sessions.
Mr. Morrissey questioned if the public is aware which plastics are acceptable.
Randy Bennett explained that the public would receive educational materials and there are plans for
additional education for the public.
Mr. Morrissey questioned if the list of acceptable materials will go on the cart.
Randy Bennett explained that he is unsure.
September 3, 2019 Page 4
Mr. Morrissey questioned the difference between recyclable and waste material.
Randy Bennett explained the definitions as they pertain to the contract.
Mr. Morrissey commented that there is a misunderstanding of what the $5.00 fee will cover.
Randy Bennett clarified the fees.
Resolution adopted and upon approval by Mayor assigned No. 2019-660.
156736 - Schmitt/Feuss
that "Resolution approving a Professional Services Agreement with Wayne Claassen Engineering
and Surveying, Inc., of Waterloo, Iowa, in an amount not to exceed $31,000, for Engineering
Services related to the FY 2020 Brock 3rd Addition Lot 2 Sanitary Sewer Extension, Contract 986,
and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-661.
156737 - Schmitt/Feuss
that "Resolution approving a Professional Services Agreement with MMS Consultants, Inc., of Iowa
City, Iowa, in an amount not to exceed $5,500, in conjunction with the Section 404 Wetland Permit
for the Con-Trol site, and authorize the Mayor to execute said document", be adopted. Roll call
vote -Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-662.
156738 - Schmitt/Feuss
that "Resolution approving a Hold Harmless Agreement with Professional Lawn Care, LLC, of
Waterloo, Iowa, for property located north of 3488 Wagner Road, and authorize the Mayor and City
Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th street, questioned who is being held harmless, the city or Professional
Lawn Care, LLC.
Noel Anderson, Community Planning and Development Director, explained that Professional Lawn
Care is being held harmless, because of a pending lawsuit against the City.
Resolution adopted and upon approval by Mayor assigned No. 2019-663.
156739 - Klein/Amos
that "Resolution approving and accepting a donated Permanent Easement Agreement with IPE1031
REV279, LLC, to allow for the construction and future maintenance of a storm sewer located at
1246 Martin 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. 2019-664.
156740 - Klein/Amos
that "Resolution approving and accepting a donated Permanent Easement Agreement
with Steelsmith Properties, LLC, to allow for the construction and future maintenance of a storm
sewer located at 1040 Alabar Avenue, 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. 2019-665.
156741 - Morrissey/Feuss
September 3, 2019
Page 5
that "Resolution approving an Encroachment Agreement with Christopher P. and Kimberly S. Huff,
to allow for the construction of a 784 square foot attached garage addition to encroach into a platted
12 foot drainage and utility easement, 8 foot utility easement and 65 foot drainage easement, located
at 429 Farrington 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. 2019-666.
tree removal equipment, and authorize the Mayor and City Clerk to execute said document", be
adopted. Roll call vote Ayes: . Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019
156742 - Morrissey/Feuss
that "Resolution approving Amendment No. 1 to Asbestos Abatement Contract #AB -2019-04-8P,
with Advanced Environmental Testing and Abatement of Waterloo, Iowa, originally signed on April
4, 2019, to add abatement related services at 706 W. Park Avenue, in the amount of $16,400, for a
new total contract amount of $27,000, and authorize the Mayor and City Clerk to execute said
document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Schmitt requested an overview of the item.
Noel Anderson provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2019-667.
ORDINANCES
156743 - Schmitt/Amos
that "an Ordinance amending the 2008 Traffic Code by rescinding Subsection (62), Lafayette Street
to Section 553, No Parking Here To Corner, and inserting in lieu thereof a new Subsection (62)
Lafayette Street, to Section 553, No Parking Here To Corner as follows: Lafayette Street - north side
of the street in an easterly direction from Utica Street", be received, placed on file, considered and
passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
156744 - 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.
156745 - Schmitt/Amos
that "an Ordinance amending the 2008 Traffic Code by rescinding Subsection (62), Lafayette Street
to Section 553, No Parking Here To Corner, and inserting in lieu thereof a new Subsection (62)
Lafayette Street, to Section 553, No Parking Here To Corner as follows: Lafayette Street - north side
of the street in an easterly direction from Utica Street", 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. 5511.
156746 - Morrissey/Amos
that "an Ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5
Police Regulations, Chapter 3 Human Rights, Section 15 Unfair Use of Criminal Record in Hiring
September 3, 2019 Page 6
Decisions", be received, placed on file, considered and passed for the second time. Roll call vote -
Ayes: Four. Nays: Three (Klein, Schmitt, Jacobs). Motion carried.
Lawrence Stumme, 1008 Lois Lane, commented that he supports the ordinance and commended the
council for taking up the ordinance. He stated that he is a pastor of a Lutheran church in Cedar Falls
and serves on the Cedar Valley Interfaith Council, and stated that it is important for government to
look out for the weak, poor, and underprivileged. He stated that he was Bremer County Attorney for
several years and stated that he was involved personally in convictions of people who have made a
mistake. These people have had a scourge on them and it will help them to become more productive
citizens.
Don Share, Dairy Queen 2719 University Avenue, commented that he has voluntarily removed this
question from his application but believes that a business should have a right to protect itself,
employees, or customers, and this needs to be reevaluated. He believes the ordinance sets business
owners up for a lawsuit.
Donna Huff, 3444 Rosehill Terrace, explained that she is on the board for Grin and Grow Daycare
and thanked the council for considering the ordinance. She commented that perhaps it would help in
the acceptance process to have a list of the degree of crimes.
Forrest Dillavou, 1725 Huntington Road, commented it would be better to hold the ordinance back
and let the state take up the issue. He further stated that the ordinance might deter businesses from
coming to Waterloo.
Denita Gadson, 1408 Oakcrest Drive, commented she believes in second chances and supports the
ordinance.
Todd Obadal, 124 Amity Drive, commented that he has issues with how the ordinance was crafted
and presented. He commented that it was stated during the meeting that corporate policies would be
legitimate business reason for not hiring a criminal but the ordinance does not state corporate
policies. He stated that his concern is with deferred judgments or pending indictments, and that the
police department and private business should all be able to ask its applicants about such things. He
further commented that he would like the ordinance to be voted down, then restructured and
reconsidered.
Mayor Hart questioned if background checks are run on applicants for the police department.
Dan Trelka, Chief of Police, confirmed that state code requires a thorough background investigation.
John Sherbon, 1715 Robin Road, commented that felons are regularly obtaining jobs in the area and
unemployment is very low.
David Dryer, 3145 W. 4th Street, questioned if the ordinance is for every business in town or just for
the Waterloo Police Department.
Kelley Felchle, City Clerk, clarified the concern by explaining that the Human Rights ordinances are
housed in Title Five, Police Regulations and that it would apply to all business in the City of
Waterloo.
Mrs. Klein commented that new information was learned late today regarding a potential conflict
between this ordinance and the Iowa State Code, then proceeded to read from the code section 364.3
12a, further commenting she would not be supporting the ordinance until further legal opinion can
be obtained.
Mr. Amos explained that he is in full support of the ordinance and commented that because the issue
is rather new, there are no court cases yet, so it is unknown whether the Ban the Box requirement
would violate state law.
Mr. Morrissey commented that the ordinance does not force anybody to hire anybody and explained
that it is a civil rights issue that simply gives a fair chance to all by moving the question to the back
end of the interview if there is a conditional offer of employment.
September 3, 2019 Page 7
Mr. Jacobs commented that everyone believes in second chances and supports taking the box off of
the application so that people can get interviews. He does not agree with limiting the ability of
business owners to ask questions about criminal backgrounds during the interview. He stated that
the Human Rights Director and several council members have not asked businesses how they view
the ordinance. He stated that he has talked to businesses and that they are not in favor of the
ordinance. He then pointed out parts of the ordinance that businesses owners told him they do not
support.
156747 - Jacobs/Klein
To remove section 5-3-15b from the ordinance.
Mayor Hart stated that the motion is not in order.
Kelley Felchle explained that substantive changes cannot be made to an ordinance after the passage
of the first reading.
Mrs. Klein commented the she was under the initial understanding that the ordinance was just the
removal of the box from the application to give a fair chance to all applicants, but has just recently
become aware of the full wording of the ordinance and she does not approve of the "gag order"
being placed on employers to ask questions and ultimately make hiring decisions for the business.
Mr. Schmitt commented that the ordinance was ill conceived and would like to see council vote
down the ordinance, and return with something more palatable.
Mr. Morrissey commented that he does not believe that the ordinance is ill-conceived. He believes
the ordinance is a civil rights issue and it does nothing but allow a fair chance to anyone with a
record to be on an equal footing to obtain employment.
Mrs. Klein commented that the ordinance is ill-conceived as the department head proposing the
ordinance had not in fact read the ordinance he was proposing as he did not know who was included
and excluded in the ordinance. She further commented that the fair chance would only be to the
applicants, not the employers. Remove the box, but do not gag the employers.
156748 - Morrissey/Feuss
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Two. Nays: Five (Klein, Schmitt, Juon, Jacobs, Feuss). Motion
failed.
OTHER COUNCIL BUSINESS
156750 - Morrissey/Feuss
that "Resolution approving proposed construction of sidewalk improvements, be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-668.
156751 - Morrissey/Feuss
that "Resolution to fix value of lots", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-669.
156752 - Morrissey/Feuss
that "Resolution to adopt proposed plat and schedule of assessments and estimate of costs", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-670.
156753 - Morrissey/Feuss
September 3, 2019 Page 8
that "Resolution of necessity and setting date of public hearing as September 23, 2019", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-671.
ADJOURNMENT
156754 - Feuss/Jacobs
that the Council adjourn at 6:43 p.m. Voice vote -Ayes: Seven. Motion carried.
elley Felch
City Clerk