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HomeMy WebLinkAboutMinutes-08/26/2019August 26, 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 Monday, August 26, 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: Keith Kaspari, Airport Director 156705 - Juon/Schmitt that the Agenda, 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. 156706 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 19, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Mary Potter, 1416 W. 4th Street, explained that 1417 W. 4th Street has been renovated and they are eagerly looking for a veteran family to move into the home. Norajean Csukker, 2853 Cedar Terrace, commented that there is a meeting coming up with the city about parking at Young Arena and commented that there are not enough parking spaces at the location for handicapped season ticket holders. She stated that she does not appreciate having to come downtown at 4:00 p.m. for a 7:00 p.m. game in order to secure her handicap spot. Justin Scott, 131 North Holmes, Denver, Iowa, explained that he read in the Courier that council was debating what to call prayer in the council meeting and how to handle prayer in the meeting. He suggested that the city eliminate prayer of any kind at the council meeting so that one religion is not held up over another type of religion. He stated that it could create a more inclusive environment. Dick Poppe, 1963 Camille Ct., commented that he is a Christian, believes in the bible, and believes that our world and country is in trouble. He believes that withdrawing religion from government and schools is part of the problem. He asked that the council continue to have a moment of silence. David Dryer, 3145 W. 4th Street, commented that the old flea market site on 6th Street has become unsightly and believes the property should have been sold to the American Legion for a dollar to use for parking instead of the person it was sold to who is not maintaining the property. He said that the parking across the street at Overhead Door isn't ideal for the aging patrons, and noted that the parking the city designated for the American Legion and veterans who patronize the Legion to use is now being used by people living at the Russell Lamson Hotel who have discovered that they have free parking. Jack Black, 227 Downing, asked that individuals pay attention to the comer of W. Mullan and Jefferson. No maintenance has been done to the property and wants council members to take a look because it looks terrible. Mr. Morrissey provided a handout about sidewalk and missing sidewalk segment policy developed by the Complete Streets Advisory Committee and city staff. He explained that the policy will come to council for approval. He asked the community to come together to support KBBG as they struggle financially. He asked that a roundabout be included in the design of the third phase of University Avenue and provided suggestions on reducing the number of lanes and changing the speed limit. He also stated that he wants to see the racial equity and social justice tool kit come to council for approval. 156707 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA August 26, 2019 Page 2 156708 - 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 August 26, 2019, in the amount of $3,650,946.59, 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. 2019-639. 2. Resolution setting date of public hearing as September 9, 2019 on the proposed issuance of not to exceed $6,475,000 General Obligation Refunding Bonds, for essential corporate purposes, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-640. 3. Resolution approving preliminary plans, 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 Dry Run Creek Interceptor, Contract No. 877, and instruct City Clerk to publish notice. 1. a. b. c. d. e. f. Resolution adopted and upon approval by Mayor assigned No. 2019-641. 4. Resolution approving renewal of general, automobile, public official's errors & omissions, law enforcement and employment practices liability coverage with Travelers Insurance, excess liability coverage with Allied World, umbrella liability coverage with Brit, property insurance coverage with Chubb, workers' compensation stop loss coverage with Safety National, and workers' compensation claims administration with Alternative Service Concepts, for a total premium and payment of $1,680,461, with recommendation of approval from the Insurance Committee, and rescinding Resolution No. 2019-486. Resolution adopted and upon approval by Mayor assigned No. 2019-642. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Kathy Skillings - Lab Foreman *REVISED* Iowa Water Environment Association 2019 Operators/Pretreatment Conference Newton, IA September 4, 2019 $120 Angie Reid, Education Coordinator and Tammy Turner, WCA Volunteer Drop off artwork for Ed Emberley exhibit. Essex, MA September 6-16, 2019 $980 Kelley Felchle, City Clerk Iowa Municipal Finance Officers Association Des Moines, IA October 16- 18, 2019 $205 Jon Martin and Matt Chesmore Iowa Association of Housing Officials Annual Classes and Conference Cedar Falls, IA October 2- 4, 2019 $670 Dana Jackson, Housing Inspector/Maintenance Supervisor Iowa Association of Housing Officials Annual Classes and Conference Cedar Falls, IA October 2- 4, 2019 $300 Jennifer Sparks, Permit Writer and Scott Strader, International Building Code Johnston, IA September 11, 2019 $608 August 26, 2019 g. h. i. Page 3 Combination Inspector Greg Ahlhelm, Building Official 2019 Fire Prevention & Building Safety Education Conference Des Moines, IA October 22- 25, 2019 $720 Jeff Siebel, Commercial Property Safety Inspector 2019 Fire Prevention & Building Safety Education Conference Des Moines, IA October 22- 25, 2019 $685 Pat Treloar, Fire Chief; Mike Moore and Ben Petersen, Battalion Chief; Jason Hernandez, Medical Supervisor Tri-State Emergency Responders Conference Dubuque, IA October 18, 2019 $440 Tina Schellhorn, Electrical Foreman National Electrical Code Update Class Waterloo, IA November 13, 2019 $190 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date Nilvia Brownson Human Rights Commission August 19, 2022 New or Re -Appointment New 4. Cigarette/Tobacco Peiniit New Application for K-Zar, Inc./Independence Liquor & Food, 1761 Independence Avenue. 5. Recommendation of appointment of Martin Petersen to the position of City Attorney, effective August 30, 2019. 5. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 156709 - Schmitt/Feuss that proof of publication of notice of public hearing on Lease Agreement with the State of Iowa, represented by the Iowa Armory Board, for property located north of 3106 Airport Boulevard, as published in the Waterloo Courier on August 16, 2019, 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. Luke Slings, Iowa National Guard, thanked city staff for their efforts and offered to answer any questions council may have. 156710 - Schmitt/Feuss that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 156711 - Schmitt/Feuss that "Resolution approving Lease Agreement with the State of Iowa, Iowa Armory Board, for property located north of 3106 Airport Boulevard, for the ground lease of 8.21 acres of land with a lease rate of $1.00 annually, for a term ending December 31, 2069, with an option to renew lease for an additional fifty (50) year period, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned if the period of the lease is normal. August 26, 2019 Page 4 Noel Anderson, Community Planning and Development Director, explained that this is the time frame that is needed for ensuring they receive federal dollars over time. Resolution adopted and upon approval by Mayor assigned No. 2019-643. 156712 - Morrissey/Amos that proof of publication of notice of public hearing on FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981, as published in the Waterloo Courier on August 12, 2019, 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. Andre Teague, 4562 Winghaven Drive, requested an extension to fix his sidewalk located at 616 Sherman Avenue. Patricia Howard, 74 Gable Street, commented that she is speaking for everyone living at 0-100 block of Gable Street and 100 block of Harvard Court. She explained that the streets are 12 1/2 feet wide and that the sidewalk is right next to the street and as a result the snow plows drive on the sidewalk causing damage, there is no curb or gutters either which allows water to freeze. People park and drive on the sidewalk as well. She suggested that the sidewalk be eliminated and be part of the street. Jamie Knutson, City Engineer, explained that the residents that live here are going to go to the Planning & Zoning to ask for a variance to abandon the sidewalk. He recommended that if the variance is approved then grass be put in so that the homeowners are responsible for maintaining the property. Merville Howard, 74 Gable, commented that a snowplow could tear up the grass and refuses to pay for the grass being ripped up. He stated that he would like to see the area covered with asphalt since people drive on the sidewalk anyway. 156713 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. No bids were received for sidewalk repair. Jamie Knutson explained that since no bids were received the process with sidewalk repairs will need to begin again. RESOLUTIONS 156714 - Amos/Feuss that "Resolution approving recommendation of the Public Works Division Manager to proceed with maintaining recycling drop-off sites, a yard waste site and outsourcing the collection and processing of recycled materials using voluntary curbside pick-up, for all current and future Dwelling Unit customers and dwellings other than Multiple Dwellings, as defined by 4-3-1 of city code", be adopted. Roll call vote -Ayes: Seven. Motion carried. Don Miller, 707 Stone Quarry Road, commented that he emailed the council members last night with his thoughts, encouraging them to approve the original proposal. He spoke to Mr. Bennett this morning and suggested that the council pursue the first recommendation. Norajean Csukker, 2853 Cedar Terrace, commented that she does not support raising fees because she is on social security and will not be able to afford the increase. She stated that she believes in recycling but she will put her recyclables in the garbage because she cannot afford the fee increase. Forrest Dillavou, 1725 Huntington Road, commented that if the volunteer system is approved he disagrees with funding it with only garbage fees because many people who use the recycle bins do not use the city's garbage services and will not be helping to fund the service. August 26, 2019 Page 5 John Wheeler, 929 Home Park Blvd., commented that no matter what the council chooses to do people will be opposed but that fees need to be increased. He stated that he does not like having to pay the increased fees but it's time to quit kicking the can down the road. Dick Poppe, 1963 Camille Ct., he stated that the service is inexpensive and supports the proposal to make it voluntary and increasing fees. Jim Chapman, 224 Bertch, commented that he supports a voluntary program. He said he text two council members last week and stated that he does not have room for another can. Todd Obadal, 124 Amity Drive, commented on the respective fees for both the voluntary and mandatory proposals and stated he neither supports nor opposes the particular measure and noted that the method of imposing fees should be done by ordinance not resolution, as is currently the case. David Dryer, 3145 W. 4th Street, commented that he does not understand the difference between the two items and questioned if people will actually recycle, just because they are required to have a cart. He further commented that he supports the voluntary proposal and wants to be able to opt out of the program by proving he recycles on his own. Mrs. Juon commented that she is in favor of the mandatory program as she believes the city needs to do its part to help the environment. She stated that this option is the middle ground and she is ok with finding middle ground. She cautioned that if users drop off, the program would be in trouble financially. She requested that the program be revisited in one year to determine whether it is working. Randy Bennett, Public Works Division Manager, provided an overview of the alternative option that was developed last week. He stated that two employees would be added to clean up the drop off sites and the increased fees would be used to help cover the cost of those employees, along with improvements to the sites. Mayor Hart commented that this opportunity helps meet the requests of council in regards to the recycling issues, but also the potential to help support code enforcement efforts. Randy Bennett commented on Mrs. Juon's request to review the program after one year. Mrs. Klein questioned if this action will change the fee schedule. Chris Wendland, City Attorney, commented that this action does not change the fee schedule. The action confirms the recommendation of the Public Works Division Manager and allows Republic Services to move ahead with writing a contract with the city. Mrs. Klein commented that she intended to support the mandatory proposal but changed her view and explained why she will now vote to support the voluntary program. Mr. Feuss thanked Randy Bennett and Republic for allowing the extra time requested and that the expanded service and code enforcement support and also feels the program should be monitored closely. Mr. Amos questioned if bins that were removed from neighborhoods could be put back since more resources will be allocated to improving the sites. Randy Bennett explained that the city would need to determine if enough funds are available to expand satellite sites. Mr. Schmitt commented that one of the keys to the recycling sites is to have them located in well -lit locations near public buildings or high traffic areas. He commented that he thinks this proposal can work without being mandatory. He further questioned how the program is going to be outsourced yet the proposal includes increasing staff. Randy Bennett explained that additional staff would be needed to adequately maintain the drop off sites. August 26, 2019 Page 6 Mr. Schmitt requested clarification of where Code Enforcement resides. Randy Bennett explained that Code Enforcement is paid under the Sanitation budget, however the Legal Department manages the issuing of citations and the Sanitation Department does the physical clean-up. Mayor Hart clarified that Code Enforcement is under the Legal Department. Mr. Morrissey asked a series of questions about the two proposals. Randy Bennett provided a response to Mr. Morrissey's questions. Resolution adopted and upon approval by Mayor assigned No. 2019-644. 156715 - Morrissey/Amos that "Resolution approving recommendation of the Public Works Division Manager to proceed with outsourcing the collection and processing of recycled materials and making curbside recycling mandatory for all current and future Dwelling Unit and Multiple Dwelling Unit customers, as defined by 4-3-1 of city code", be adopted. Roll call vote -Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon). Motion failed. Resolution adopted and upon approval by Mayor assigned No. 2019-645. 156716 - Schmitt/Feuss that "Resolution approving a Crime Prevention and De-escalation Training Grant application, in the amount of $14,000 with no City match, to the Department of Justice/ Project Safe Neighborhoods Program", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-646. 156717 - Schmitt/Feuss that "Resolution approving renewal of Crime and Fidelity insurance effective September 15, 2019, in the amount of $3,663", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-647. 156718 - Schmitt/Feuss that "Resolution approving Brokerage Fee Agreement with Fischels Commercial Group, in the amount of $6,000, in conjunction with the sale of property at the southwest corner of Commercial Street and West 13th Street for the development of new data centers, 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. 2019-648. 156719 - Schmitt/Feuss that "Resolution approving submission of an Electric Vehicle Charging Site Host application to MidAmerican Energy, for charging stations to be located downtown near 225 Commercial Street, 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. 2019-649. 156720 - Feuss/Morrissey that "Resolution approving Property Exchange Agreement with The Salvation Army, for properties located southeast of 55 Franklin Street and 415 E. 7th Street, and authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2019-455", be adopted. Roll call vote -Ayes: Six. Abstain: One (Schmitt due to him sitting on the board). Motion carried. August 26, 2019 Resolution adopted and upon approval by Mayor assigned No. 2019-650. 156721 - Feuss/Morrissey Page 7 that "Resolution approving request of the Community Planning and Development Department to seek proposals for convention center management services at the Five Sullivan Brothers Convention Center", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-651. 156722 - Feuss/Morrissey that "Resolution approving submission of a State Revolving Fund Water Resource Restoration Sponsored Project Grant application, in the amount of $500,000, in conjunction with a Dry Run Creek construction project", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-652. 156723 - Feuss/Morrissey that "Resolution approving a RISE grant application for local development, designating the Mayor as the official representative of the City, authorizing the Mayor to affix his signature to said application, providing financial assurances in conjunction with same, accepting responsibility for improvements to Shaulis Road, for a total project cost of $5,000,000, 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. 2019-653. ORDINANCES 156724 - Morrissey/Feuss 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 Decisions", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Nays: Two (Jacobs and Schmitt). Motion carried. David Dryer, 3145 W. 4th street, questioned the difference between ban the box and fair chance initiative. Abraham Funchess, Human Rights Director, explained that the two are the same. Duane Lindberg, 1208 South Hill Drive, commented that there are many people in the community who have had a change of heart and deserve a fair chance to gain employment to better their lives. He stated that the council is wrestling with how to give these people a fair chance but believes the ordinance is the best way to accomplish this. He explained that not supporting the ordinance violates trust and encourages stealing through deception. Mary Robinson, 321 Nomuandy, commented on the number of American's who have criminal records and that many of those are very qualified and by not banning the box, we are missing out on great candidates. Cody Listekow, 810 Baltimore Street, commented that there is nothing deceiving about someone trying to get a job and supports the ordinance. Chuck Lane, 1204 a former manager they hired turned forgiveness. Melissa Denning, Baltimore Street, commented that he is a retired Episcopal Pastor and that he was . He stated that he had a ban the box policy where he worked and that everyone out to be fantastic employees. Everyone needs a chance and everyone needs 1007 Baltimore Street, encouraged the council to approve the item. August 26, 2019 Page 8 Pam Hayes, Cedar Falls, commented that she worked in Waterloo for 30 years as Executive Director of Family and Children's Council and YWCA. She stated that she would hire for positions and would use various criteria to widdle the list of hundreds of potential employees. She stated that she would use criminal background to narrow candidates. She stated that she prefers the fair chance name to ban the box as it gets potential candidates in the door for an interview. Eric Donot, 610 E. 4th Street, explained that he has lived his entire life with people having preconceived notions about what he can do and that people on the council have given him a chance to show what he can do. He stated that the correctional system is charged with correcting behaviors and people deserve a second chance. Rev. Ed Loggins, 233 Oliver, commented on the importance of young men and women to have a second chance and encourages the council to approve the ordinance. Todd Obadal, 124 Amity Drive, commented that he believes the ordinance is will intended. He believes the ordinance contains issues and could be crafted a little better. He read certain sections that he took issue with and stated that the ordinance would make Waterloo a little less business friendly when new businesses look to come to Waterloo. John Sherbon, 1715 Robin Road, commented that he believes this should begin at the state level. Teresa Culpepper, 1119 Cottage Grove, commented that she has a cousin move out of state to Colorado in order to get a job and is now making six figures but had to move out of the state and out of Waterloo in order to get job. She asked the council to consider the benefit to the community and approve the ordinance. Abraham Funchess provided an overview of the purpose and impact of the ordinance. Mrs. Klein commented that she will support the ordinance and explained the reasons why she still has concern. Mr. Amos commented that the city should approve this ordinance in order to give individuals an opportunity to improve their lives and ultimately make our community the way it needs to be. Mr. Schmitt commented that the need for the ordinance started for a reason. Many people are victims that never used to be victims. He stated that he has been in the business community for over 45 years and has had the opportunity to hire a wide variety of people and had an opportunity to talk to them. He has hired felons and non -felons over the years with some success and some failure. He stated that he has yet to have a single business owner or manager come to him supporting the item. He explained that Waterloo is not competing with similar sized cities because of the tax rate and is fearful that it will deter business growth. Mrs. Juon commented that she supports the ordinance because it is the right thing to do. She stated that a business owner would be able to find out about the person's criminal record later in the process and will allow for a conversation about their qualifications. She clarified that employers can ask about gaps in employment and at that point it would be on the applicant to be honest about the gap. Mr. Jacobs questioned the legality of turning down a candidate based on their criminal record rather than making up a phony business reason. Abraham Funchess stated he believes it is illegal to turn the candidate down because of a criminal history. Mr. Jacobs asked if it wouldn't be more effective to have this be a state wide issue rather than a Waterloo issue, and commented that it may put the city at a disadvantage. Mr. Funchess explained that he believes this is a golden opportunity for Waterloo to move forward and there is a large part of the community that supports this idea. Morrissey commented that this has been an issue since 2012 and it was a piggy back issue with banning landlords from evicting victims of domestic violence. For those that think that this encourages deception, the box did the same thing. He explained that this is a human rights issue and August 26, 2019 Page 9 we need to welcome people back into the community and become part of the workforce. He stated that the ordinance would help get people back on their feet, become taxpaying citizens, and improve their lives rather than go back to prison. Mr. Feuss commented that as an educator for many years he got to see what happened to families whose mother or father didn't have the ability to work. It impacted the students and would see the name of the student in the paper for committing the same crime. He explained that he supports the ordinance and will help people and the community move forward. Mrs. Juon explained part of the ordinance that she felt was confused through discussion. 156725 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: (Jacobs, Klein, Schmitt). Motion failed. 156726 - Feuss/Amos that the council adjourn to Executive Session at 8:01 p.m. Roll call vote -Ayes: Seven. Motion carried. Chris Wendland, City Attorney, stated that discussion on the purchase of real estate is an approved topic of Executive Session pursuant to Iowa Code Section Iowa Code Section 21.5(1)(j). EXECUTIVE SESSION 156727 - Juon/Schmitt that the council adjourn Executive Session at 8:22 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 156728 - Juon/Schmitt that the Council adjourn at 8:22 p.m. Voice vote -Ayes: Seven. Motion carried. kti Kelley Feleh� City Clerk de,)de