HomeMy WebLinkAboutMinutes-09/09/2019September 9, 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, September 9, 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: Kent Shankle, Director of Cultural & Arts Commission
156755 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, September 9, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
156756 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Tuesday, September 3, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Proclamation declaring September as Hunger Action Month.
ORAL PRESENTATIONS
Amy Seglin, 1908 Loraine Avenue, commented that the parking issues by Enterprise Rental Car and
Image Point have not gone away. She explained that now, both rental cars and employee cars are
parking in front of her home. She asked what can be done as the problem has not gone away and it
prevents her family and friends from being able to park in front of her home.
Jim Chapman, 224 Bertch, talked to a department head about setting up a transfer station and thinks
it would be a beneficial to the city.
Rev. Ed Loggins, 233 Oliver, questioned how the noise ordinance is enforced. He stated that he
lives in a neighborhood with loud vehicles that drive by and believes it is ridiculous that it is
happening in his neighborhood, especially since it shakes his house. He stated that fights occur in
his neighborhood at night that do not happen during the day.
Pat Hays, 2166 Independence, commented that he is here to talk about the Maywood Safety
Initiative. He stated he emailed the Mayor and Councilman Amos and thanked them for their
response. He stated that their neighborhood has a serious problem with speeding and trains blocking
the road and listed examples of the issues he and his neighbors have witnessed.
156757 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
156758 - 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 9,
2019, in the amount of $1,697,697.59, 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. 2019-672.
2. Resolution to certify assessment to Parcel No. 891324183010, 200 block of North Barclay, in
the amount of $2,760, for work performed by the Waterloo Water Works, together with
recommendation of approval by the Waterloo Water Works Board of Trustees.
September 9, 2019 Page 2
1.
2.
Resolution adopted and upon approval by Mayor assigned No. 2019-673.
3. Resolution approving Variance to Noise Ordinance request from Jake Schaefer on behalf of
the Waterloo Softball Association for Saturday, September 21, 2019 from 6:00 p.m. to 10:00
p.m., in conjunction with the Hometown Heroes Softball Tournament to be held at Hoing-
Rice Softball Complex, including live music from 7:00 p.m. to 10:00 p.m.
Resolution adopted and upon approval by Mayor assigned No. 2019-674.
4. Resolution approving Variance to Noise Ordinance request from Calvary Christian Center
for Saturday, September 28, 2019 from 10:00 a.m. to 3:00 p.m., in conjunction with the 4th
annual Fall Festival to be held in the church parking lot located at 3929 Richland Drive,
including live music and the use of a P.A. system.
Resolution adopted and upon approval by Mayor assigned No. 2019-675.
5. Resolution approving request of Herbert Wheeler for a waiver for a concrete driveway,
located at 1017 Dundee Avenue, and authorize the construction of a concrete driveway and
placing a driveway or sidewalk on city right-of-way on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2019-676.
6. Resolution approving request from Cynthia and John Smith for a waiver for a concrete
driveway, located at 746 Cedar Bend Street, with the elimination of the sidewalk section due
to the inability to meet grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2019-677.
7. Resolution approving request of Jerry Gronoski for a waiver for an asphalt driveway, located
at 3122 Rocky Road, and authorize the construction of an asphalt driveway and placing a
driveway or sidewalk on city right-of-way on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2019-678.
b. Motion to approve the following:
a.
b.
c.
d.
a.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Rudy Jones, Community
Development Director
State and
Entitlement Meeting
Des
Moines, IA
September 17,
2019
$115
Sgt. Girsch & Officer
Wilson
High Threat Close
Quarters Battle
Special Weapons
and Tactics Training
Waterloo,
IA
September 24-
26, 2019
$550
Tina Schellhorn, Electrical
Foreman; Matt Vlasak,
Signal Tech Foreman;
Craig Hintzman, Signal
Tech II; Nate Alderman,
Electrician; Kelby Haines,
Electrician; Scott
Buchanan, Electrician
Electrical
Calculations and
Common Violations
Waterloo,
IA
October 16,
2019
$900
Michelle Weidner, Chief
Financial Officer
League of Cities
Annual Conference
Dubuque,
IA
September 25-
27, 2019
$655
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Firewater Cafe,
C Liquor w/Outdoor
Renewal
8/31/2020
September 9, 2019 Page 3
712 Jefferson Street
Service
3. Motion to receive and place on file the 2018 Audit of the Waterloo Water Works.
4. Motion to receive and place on file the 2018 Operating Report of the Waterloo Water Works.
5. Cigarette/Tobacco Permit New Application for Wishbone, 201 W. 18th Street.
6. Cigarette/Tobacco Permit New Application for Behar Bar, 312 W. 4th Street.
7. Cigarette/Tobacco Permit New Application for King Star, 2035 E. Mitchell Avenue.
8. Bonds.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
156759 - Schmitt/Amos
that proof of publication of notice of public hearing on FY 2019 Young Arena Roof Replacement
Project, Contract No. 998, as published in the Waterloo Courier on August 26, 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 and
there were none.
156760 - Schmitt/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
156761 - Schmitt/Amos
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-679.
156762 - Schmitt/Amos
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-680.
156763 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids.
Estimate:$102,000
Bidder
Bid Security ' "
Bid Amount
Base Bid
$197,475
Alternate 01
$129,830
Alternate 02
$129,830
Don Gardner
'
Alternate 03
$2,533
Construction
5%
Alternate 04
$2,533
Waterloo, IA
Alternate 05
$13,998
Alternate 06
$9,075
Alternate 07
$9,075
Alternate 08
$55,700
Alternate 09
$39,030
Voice vote -Ayes: Seven. Motion carried.
September 9, 2019 Page 4
156764 - Schmitt/Amos
that "Resolution approving the recommendation of the Leisure Services Director to reject the bid of
Don Gardner Construction, of Waterloo, Iowa, totaling $197,475, due to the bid amount exceeding
the project budget", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-681.
156765 - Morrissey/Feuss
that proof of publication of notice of public hearing on FY 2020 Cardinal Drive, Donald Street,
Linbud Lane, Martin Road Drainage Improvements, Contract No. 988, as published in the Waterloo
Courier on August 26, 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 and
there were none.
156766 - Morrissey/Feuss
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
156767 - Morrissey/Feuss
that "Resolution confirming approval of plans, specifications, faun of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-682.
156768 - Morrissey/Feuss
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-683.
156769 - Morrissey/Feuss
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Estimate: $340,356.00
Bidder
Bid Security
Bid Amount
Vieth Construction
Cedar Falls, IA
5%
$219,947.00
Hurst & Sons Contractors
Waterloo, IA
5%
$304,888.00
Peterson Contractors
Reinbeck, IA
5%
$271,030.00
Lodge Construction
Clarksville, IA
5%
$378,457.00
Voice vote -Ayes: Seven. Motion carried.
156770 - Amos/Morrissey
that proof of publication of notice of public hearing on Security Guard Services Waste Management
Services Department, as published in the Waterloo Courier on August 26, 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 and
there were none.
156771 - Amos/Morrissey
September 9, 2019 Page 5
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
156772 - Amos/Morrissey
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Abstain: One
(Jacobs due to business reasons). Motion carried.
Mr. Morrissey questioned the allocation of payments listed on page seven of the proposal.
Randy Bennett, Public Works Director, explained how the payments are divided.
Resolution adopted and upon approval by Mayor assigned No. 2019-684.
156773 - Amos/Morrissey
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $16.00 per hr./$24 per hr. OT
Bidder
Bid Amount
Per Mar Security Services
Year 1 $15.85 hr./$23.78 hr./OT
Year 7 $16.57 hr./$24.86 hr./OT
Year 3 $17.29 hr./$25.94 hr./OT
Superior Security Services
Year 1 $13.50 hr./$13.50 hr./OT
Year 2 S 13.50 hr./ $13.50 hr./OT
Year 3 $13.50 hr./ $13.50 hr./OT
Voice vote -Ayes: Seven. Motion carried.
156774 - Amos/Morrissey
that "Resolution approving an agreement with Per Mar Security Services of Davenport, Iowa, for
security guard services for the Waste Management Services Department, for a period of three years,
and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -
Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried.
Mr. Schmitt requested an overview on why the city is not taking the low bid.
Randy Bennett explained why Per Mar Security Services is recommended over Superior Security
Services.
Resolution adopted and upon approval by Mayor assigned No. 2019-685.
156775 - Schmitt/Amos
that proof of publication of notice of public hearing on General Obligation Bonds - ECP -2 - The
issuance of not to exceed $6,475,000 in General Obligation Bonds for essential corporate purposes,
as published in the Waterloo Courier on August 30, 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.
David Dryer, 3145 W. 4th Street, requested an overview of the various items on the agenda.
Michelle Weidner, Chief Financial Officer, provided an overview of the public hearing action and
resolutions on the agenda for the general obligation bonds.
156776 - Schmitt/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
156777 - Schmitt/Amos
September 9, 2019 Page 6
that "Resolution instituting proceedings to take additional action for the issuance of not to exceed
$6,475,000 General Obligation Refunding Bonds", be adopted. Roll -call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-686.
RESOLUTIONS
156778 - Feuss/Morrissey
that "Resolution directing the advertisement for sale of $2,815,000 (Subject to adjustment per terms
of offering) General Obligation Refunding Bonds, Series 2019C, and approving electronic bidding
procedures and Official Statement", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-687.
156779 - Feuss/Morrissey
that "Resolution directing the advertisement for sale of $3,645,000 (Subject to adjustment per teinis
of offering) Taxable General Obligation Refunding Bonds, Series 2019D and approving electronic
bidding procedures and Distribution of Preliminary Official Statement", be adopted. Roll call vote -
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-688.
156780 - Feuss/Morrissey
that "Resolution approving an agreementwith BFI Waste Services, LLC, dba Republic Services of
Cedar Rapids, Iowa, for the City of Waterloo's Voluntary Curbside Recycling Program by providing
a recycling processing facility, for a period of five (5) years, and authorize Mayor and City Clerk to
execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, commented that he does not believe that the contract defends the
city and that it is written in favor of the company. He stated that the contract also allows the
company to dump recyclables in the landfill if there is not a market for recyclables.
Todd Obadal, 124 Amity Drive, commented that tie contract needs language that requires the
recyclables to be recycled.
Randy Bennett provided an overview of the iter:i and the opt out clause of the contract for allowing
recycled materials to end up in the landfill.
Resolution adopted and upon approval by Mayor assigned No. 2019-689.
156781 - Klein/Amos
that "Resolution approving completion of project and recommendation of acceptance of work for
work performed by Miron Construction Ci., Inc., of Neenah, Wisconsin, in the amount of $148,226,
in conjunction with the FY 2020 Digester #3 Lid Removal, Contract No. 982, and receive and file a
two-year maintenance bond", be adopted, koll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-690.
156782 - Klein/Amos
that Final Quantity Summary for a net i:acrease of $74,064.11, in conjunction with the FY 2019
Bridge Repairs, Dubuque Road over Blowers Creek and Greenhill Road over Trolley Car Trail,
Contract No. 959, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion
carried. 1_ ,
156783 - Klein/Amos
September 9, 2019 Page 7
that "Resolution approving completion of project and recommendation of acceptance of work for
work performed by Boulder Contracting, LLC, of Grundy Center, Iowa, in the amount of
$484,332.11, in conjunction with the FY 2019 Bridge Repairs, Dubuque Road over Blowers Creek
and Greenhill Road over Trolley Car Trail, Contract No. 959, and receive and file a two-year
maintenance bond", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-691.
156784 - Schmitt/Feuss
that "Resolution approving Supplemental Agreement No. 1 to the Professional Services Agreement
with HR Green, Inc., of Cedar Rapids, Iowa, originally approved on June 3, 2019, in an amount not
to exceed $34,782, in conjunction with the Shaulis Road Corridor and Sink Creek Drainage
Study, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-692.
156785 - Schmitt/Feuss
that "Resolution approving a Permanent Easement Agreement with Grant D. and Denise A.
Schildroth, in the amount of $163.98, to allow for the construction and future maintenance of a
storm sewer, located directly northeast of 2047 Cardinal Drive, 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. 2019-693.
156786 - Schmitt/Feuss
that "Resolution approving a Permanent Easement Agreement with Mary E. Strassburg, in the
amount of $517.50, to allow for the construction and future maintenance of a storm sewer, located at
2047 Cardinal Drive, 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. 2019-694.
ORDINANCES
156787 - Morrissey/Feuss
that "an Ordinance amending the 2008 Traffic Code by rescinding Subsection (47), University
Avenue Access (N), to Section 545, Yield Streets, by deleting Subsection (47) in its entirety, and
inserting in lieu thereof a new Subsection (47), University Avenue Access (N), to Section 545, of the
2008 Traffic Code", be received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Seven. Motion carried.
156788 - Morrissey/Feuss
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
156789 - Morrissey/Feuss
that "an Ordinance amending the 2008 Traffic Code by rescinding Subsection (47), University
Avenue Access (N), to Section 545, Yield Streets, by deleting Subsection (47) in its entirety, and
inserting in lieu thereof a new Subsection (47), University Avenue Access (N), to Section 545, of the
2008 Traffic Code", 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. 5512.
156790 - Morrissey/Amos
September 9, 2019 Page 8
To recess for five minutes at 6:20 p.m. voice vote -ayes: Seven. Motion carried.
156791 - Morrissey/Amos
To reconvene at 6:28 p.m. Voice vote -Ayes: Seven. Motion carried.
156792 - Amos/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 third time and adopted.
Don Share, University Avenue Dairy Queen, commented that the only reason he is opposed to the
ordinance is due to the confusing way in which it is written. He asked council to table the ordinance
to get rid of the confusion and ambiguity. He stated that Iowa Workforce Development has a
program where you can take an aptitude test that gives a certificate that shows that they are job
ready. He stated that he is willing to help do research to write a much better ordinance.
Eric Donot, 610 E. 4th Street, stated that he is asking the council to give people who have overcome
issues in their lives to have a second chance in life. He stated that the correctional system is there to
correct and rehabilitate people.
Al Manning, 3045 Kimball Avenue Sub City, commented that he believes in giving people second
chances and that he knowingly hires people with a criminal background. He stated he has a problem
with the city forcing businesses to change their hiring practices. He questioned if the ordinance is
necessary or a solution in search of a problem. He stated that the unemployment rate is incredibly
low right now and believes that businesses are desperate for labor. He then explained how he
reviews potential applicants for positions at Sub City. He stated that the ordinance takes away the
right of business owners to utilize the hiring practice they see fit and that the ordinance creates a
protective class of individuals with criminal backgrounds.
Linda Miller, 4001 N. 10th Street, Marion, Iowa, commented that she has several problems with the
ordinance wording. She explained that she believes the ordinance creates a protective class, that
felons should have jobs, but believes this initiative needs to be addressed at the state level.
Mary Robinson, 321 Normandy Street, read studies that show that economic support, community
assistance, and family support, help people with criminal backgrounds return to society. She
explained that finding a job is difficult for people who have served time. She explained that
numerous states and cities have fair chance laws and every state that boarders Iowa have these laws
as well.
Cary Darrah, Grow Cedar Valley, stated that Grow Cedar Valley supports removing the box from
job applications and recommends taking up the ban the box discussion at the state level. She stated
she has appointments set up with state legislators in the coming weeks to start those discussions and
indicated that the governor is supportive of reform. She further stated that Grow Cedar Valley and
Iowa Works would like a seat at the table to help rework the ordinance.
Al Hayes, Iowa Justice Action Network, explained that they applaud the effort of the city council on
this initiative. He stated that they believe that the initiative should come at the state level but that
could take a long time. He stated that convictions should not be a life sentence and people should
have an opportunity to turn their life around.
Matthew Gibbon, 231 Lichty Blvd., explained that he runs a small business and has hired felons over
the years and shared several success stories along with how the ordinance affects the hiring process.
Alexis Williams, 1958 Pinehurst Lane, commented that people deserve a second chance and people
should not have to suffer due to something that happened several years ago. She stated that someone
with a criminal background could be more qualified than those without a criminal background but
they do not get a chance to work.
Debra Hodges Harmon, 402 Hope, stated that she works for Iowa Works and explained that many
employers in the community do not have a criminal record question on their application and that
Society for Human Resource Management has signed a national wide initiative on banning the box.
September 9, 2019 Page 9
She stated that Waterloo needs to do something as there are employers in the community that know
how to get around these issues. She emphasized that there are employers in the community who
support this initiative.
Anna Weems, 635 Independence Avenue, explained that she supports the ordinance and that if there
are problems with the ordinance the community needs to work together to make it better. She
emphasized that people in the community need to have a fair chance at getting a job.
Todd Obadal, 124 Amity Drive, commented that the ordinance was presented as ban the box. He
stated that he and business owners are in favor of banning the box but that they are not in favor of
restricting discussion during the interview process. He further stated that he believes the ordinance
violates state law and believes that the city is at risk of future court action.
Joe Gorton, 510 Wilshire, commented that he is a criminology professor at UNI and has worked as a
parole officer. He stated that a big part of his work has to do with offender rehabilitation and
treatment. He explained the difficulties that offenders face with being reintegrated into a community
and the impact it has on families. He stated that he believes the ordinance has a positive effect on
public safety.
Larry Bedard, 1144 Linder Drive, explained that he is not in favor of the ordinance as it hinders the
rights of businesses.
156793 - Juon/Schmitt
To postpone the third reading for four weeks (October 7). Roll call vote -Ayes: Six. Nays: One
(Morrissey). Motion carried.
Mrs. Juon commented that she has heard from numerous individuals and wants to postpone voting
on the item for five weeks in order to further discuss the ordinance.
Mr. Schmitt stated that he will be out of town on October 14 and asked that the table be moved so
that he can be present for the vote.
Mr. Morrissey reminded council that on October 7th the current ordinance will needed to be voted up
or down. Any amendments to the ordinance will need to be presented as a new ordinance on
October 7th
ADJOURNMENT
156794 - Morrissey/Amos
that the Council adjourn at 7:32 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Felc e
City Clerk