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HomeMy WebLinkAboutMinutes-10/21/2019October 21, 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, October 21, 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: Noel Anderson, Community Planning & Development Director 156936 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 21, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 156937 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 14, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring October 26, 2019 as Defeat Hate - Vote Day. Proclamation declaring October 20-26, 2019 as (tharacter Counts Week. Proclamation declaring October 21, 2019 as World Polio Day. Proclamation declaring October 20-26, 2019 as National Lead Poisoning Prevention Week. Recognition of Brian Bowman, Treatment Operations Supervisor/Assistant Director of Waste Management Services, as Wastewater Treatment Operator of the Year. ORAL PRESENTATIONS Richard Hotchkiss, 315 Courtland, commented that he has pictures of his property and his neighbor's property. He explained that his neighbor has a lot of junk in his yard and that he has contacted Code Enforcement but was told it does not violate code. Mr. Amos commented that he believes that Mr. Hotchkiss has been corresponding with Mr. Schmitt but that he will reach out to him as well. Rasul Burtel, 414 Almond Street, commented that there is a difference between a law abiding citizen and a sovereign citizen. He explained that he came to city hall and that he has a right to record in public. He stated that he confronted by several officers and deemed to be a suspicious person. He stated that he believes that the officers were in the wrong. Mayor Hart commented that he had a conversation with Mr. Burtel and that he was given the ability to record in public. Mr. Burtel questioned if the city has a public recording policy and pointed to federal laws that allow this practice. Lawrence Wheeler, 433 Bratnober, commented that there are several issues he has complained about and nothing has changed. He stated that MidAmerican has damaged infrastructure on University Avenue. He pointed out that some candidates that are running for city council at -large are violating the Hatch Act by putting signs in right of way and in public spaces. He stated that city vehicles have been vandalized by putting a political signs on MET Transit busses and on city vehicles. 156938 - Juon/Schrnitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 156939 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: October 21, 2019 Page 2 1. a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated October 21, 2019 in the amount of $2,401,795.82, 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. 2019-794. Resolution setting date of public hearing as November 4, 2019 to approve the request by the City of Waterloo to rezone 7.4 acres west of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R -P" Planned Residence District and "C -P" Planned Commercial District, located west of 420 Harwood Avenue, and instruct the City Clerk to publish notice Resolution adopted and upon approval by Mayor assigned No. 2019-795. 3. Resolution setting date of public hearing as November 4, 2019 to approve the request by the City of Waterloo to vacate approximately 1,113 square feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School site, and instruct City Clerk to publish said notice Resolution adopted and upon approval by Mayor assigned No. 2019-796. 4. Resolution setting date of public hearing as November 4, 2019 to approve the request by DGOGWaterlooial0032018, LLC (Dollar General) of West Plains, Missouri, to vacate a ten (10) foot sidewalk easement (approximately 300 square feet) along the east side of Idaho Street between Willow Street and Martin Luther King Jr. Drive, and instruct City Clerk to publish said notice, and rescinding Resolution No. 2019-743 Resolution adopted and upon approval by Mayor assigned No. 2019-797. 5. Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as November 7, 2019 and date of public hearing as November 12, 2019, in conjunction with the snow removal contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish notice Resolution adopted and upon approval by Mayor assigned No. 2019-798. 6. Resolution approving preliminary specifications, form of contract, etc. setting date of bid opening as November 7, 2019, and public hearing as November 12, 2019 in conjunction with the 5 Sullivan Brothers Convention Center Kitchen remodel, and instruct City Clerk to publish notice Resolution adopted and upon approval by Mayor assigned No. 2019-799. b. Motion to approve the following: a. b. c. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Jennifer Sparks, Permit Writer Iowa Permit Technician Association - Basic Code Enforcement Huxley, IA November 8, 2019 $134.24 Sgt. Devine, Sgt. Schuster, Inv. Stratton, Inv. Hageman and Inv. Copp International Association for Identification Conference Johnston, IA November 6-8, 2019 $1,586 Jose Villalobos, Visiting Artist Vertigo Performance Art Series 2019 San Antonio, TX October 9-12, 2019 October 9-12, October 21, 2019 2. a. b. c. d. Page 3 2019 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Damon's Sports Bar and Grill, 2122 Kimball Avenue C Liquor Renewal 10/4/2020 x Fairfield Inn & Suites, 2134 LaPorte Road B Wine / C Beer Renewal 9/30/2020 x Honey Garden Family Restaurant, 826 LaPorte Road Special C Liquor New 9/30/2020 x Rudy's Tacos - Beer Hall - Lava Lounge, 2401 Falls Avenue C Liquor Renewal 9/27/2020 3. Recommendation of appointment of Agnes Kress from the Civil Service List to the position of Digital Media Production Assistant in the Technology Services department, effective November 11, 2019. 4. Cigarette/Tobacco Permit New Application for The Snack Shack, 4335 Texas Street. 5. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS Mayor Hart commented that the public hearing on the request by DGOGWaterlooial0032018, LLC (Dollar General) of West Plains, Missouri, to vacate a ten (10) foot sidewalk easement (approximately 300 square feet) along the east side of Idaho Street between Willow Street and Martin Luther King Jr. Drive was cancelled and rescheduled for November 4, 2019. RESOLUTIONS 156940 - Schmitt/Amos that "Resolution approving a request by CGA Engineering on behalf of BCS Properties, LLC, to approve the Final Plat of Village West 3rd Addition, a 2 lot commercial subdivision, located northwest of 1850 West Ridgeway Avenue, and authorize the Mayor and City Clerk to execute all necessary documents", 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. 2019-800. 156941 - Schmitt/Amos that "Resolution approving Notice of Additional Services, to a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in an amount not to exceed $3,000, in conjunction with the Public Library Exterior Stair Renovation Project, 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. 2019-801. 156942 - Schmitt/Amos that "Resolution approving award of bid to Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $86,620, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2020 Levee Tree Removal, Contract No. 990, 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. 2019-802. 156943 - Kline/Feuss October 21, 2019 Page 4 that "Resolution approving Supplemental Agreement No. 01, to a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally executed March 11, 2019, in an amount not to exceed $16,780, in conjunction with the Delane Avenue Storm Water Detention Improvements Project, 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. 2019-803. 156944 - Kline/Feuss that "Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, originally executed October 10, 2016, in an amount not to exceed $12,150, in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek, Contract No. 922, 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. 2019-804. 156945 - Amos/Morrissey that "Resolution authorizing an exception to the City of Waterloo purchasing procedures policy to approve the purchase of a demonstration 2019 Trackless MT17 Articulating Tractor 60" X 32" diagonal angle sweeper, in the amount of $154,288", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Randy Bennett, Public Works Division Manager, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2019-805. 156946 - Arnos/Morrissey that "Resolution approving a Memorandum of Understanding with Black Hawk County, Iowa, for the purpose of defining and clarifying the division of responsibility, action and cost in the construction/maintenance of roadway facilities near the outer corporate limits of the City, and authorizing 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. 2019-806. ORDINANCES 156947 - Feuss/Morrissey that "an Ordinance approving a request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street", be received, placed on file, considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5518. 156948 - 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, and repealing Ordinance No. 5515", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Three. Nays: (Jacobs, Kline, Schmitt). Motion carried. Dr. Mary Robinson, All Nations Community Church, encouraged the council to do the right thing and adopt the ordinance. She stated that she believes the ordinance is about justice and it is critical to have justice in a person, city, or state's character. October 21, 2019 Page 5 David Dryer, 3145 W. 4th Street, commented that he sees that this is the first reading of the ordinance but that changes were going to be made. He questioned if amendments were made and if people were consulted and thorough research has taken place. Lawrence Wheeler, 433 Bratnober, commented that he thinks that the ordinance will expose children to pedophiles and that it will give felons access to guns. He stated that he sees one positive to the ordinance as it will be a benefit to those convicted on marijuana laws. Forest Dillavou, 1725 Huntington Road, commented that he is concerned about the lack of transparency of the committee that was set about to develop changes to the ordinance. Mayor Hart commented that the members of the committee were sent to council via email. Mr. Amos listed the individuals who were on the committee and explained how concerns were addressed. Mrs. Juon commented that one other thing that came out of the committee meetings is that there are state and federal laws that employers are not aware of After the first of the year there will be an employer training session to make them aware of state and federal laws, along with the ordinance. Martin Petersen, City Attorney, explained the impact of a new law that was introduced in April of 2019. Mrs. Juon commented that the law limits the liability for private sector employers only and that changes continue to come from all levels of the government. Denita Gadson, 1408 Oakcrest Drive, commented that she received a letter from an inmate that she shared with the city council. She read the letter, which spoke in favor of the ordinance. Mr. Morrissey commented on the process for developing the amendments. Mrs. Kline commented that the felon's letter mentioned banning the box but his letter does not address being honest and forthcoming with parts of his life. The ordinance does not allow for honesty and dialogue. She explained that she is not in favor of the ordinance as it is written. Mr. Amos commented that employers would be able to ask questions about criminal backgrounds after the interview process. Mr. Jacobs commented that this ordinance should be a statewide issue where cities work together with legislators to make a consistent law throughout the state. He further commented that four council members would be violating their oath of office when they vote in favor. He further questioned what efforts arc being made by Waterloo to work with people at the state level. Abraham Funchess, Human Rights Director, explained conversations he has had with the governor's office, Nate Ristow, Policy Advisor and was told there will be other discussion coming from the state level in November. Mrs. Juon commented that Grow Cedar Valley is working with local legislators to advance this issue at the state level. Mr. Schmitt commented that the ordinance is ill conceived and should be voted down. Mrs. Kline commented that she believes that the ordinance is not fair to employers. She questioned if consumers will be willing to hire a Waterloo business due to this ordinance. Mr. Morrissey responded to a number of comments made by other council members and stated the comments are both insulting and wrong. Mrs. Kline explained that she was not making this a racial issue and defended her choice to quote Martin Luther King. Mr. Schmitt clarified his comment so it would not be taken out of context. October 21, 2019 Page 6 Mrs. Juon provided clarity to her earlier comments and how the hiring process might look like the regarding criminal history of an applicant. 156949 - Mr. Feuss made a motion to call the question. Roll call vote -Ayes: Four. Nays: Three (Schmitt, Jacobs, Klein). Motion carried. 156950 - 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: Three (Jacobs, Kline, Schmitt) Motion carried. Mayor Hart left at 6:55 p.m. 156951 - Amos/Morrissey that "an Ordinance fixing the compensation of mayor and council members of the City of Waterloo, Iowa, and rescinding Ordinance No. 4785", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Five. Nays: Two (Kline, Schmitt). Motion carried. David Dryer, 3145 W. 4th Street, commented that the council should not be voting to give themselves or the mayor a raise because it's the citizens of Waterloo that pay for the raise, and asked where the money will be coming from since it was not included in the current budget. Michelle Weidner, Chief Financial Officer, explained that the pay increase would be funded by departments coming in under budget and fund balance may need to be used for the $6,000 increase. Forest Dillavou, 1725 Huntington Road, questioned if anyone has looked at how the COLA increase outlined in the ordinance and if this increase would be in addition to what is listed in the ordinance. Michelle Weidner explained how the mayor and council pay increases are calculated. Mrs. Juon questioned when the raise would go into effect. Michelle Weidner explained that under the current ordinance the raise would begin in July. Mrs. Juon questioned if this ordinance passes, does the Mayor's salary increase July 1st Michelle Weidner confirmed it would, and then in January would increase again based on the CPI. Mr. Schmitt questioned where the ordinance came from and why it is coming up at this time. Mr. Amos explained that he brought up the ordinance and asked the Human Resources Director to find comparable mayoral compensation. Mrs. Juon added additional information as to the timing of the ordinance change. Mr. Schmitt questioned what the Mayor's budget is today versus three years ago. He further questioned if any sort of method or metric was put in place to arrive at these figures and would like to see all pay increases measured by measurable performance. Mrs. Kline commented that by increasing this salary it will encourage high qualified people to run for office. This raise is for a political position not a private position and should not be paid the same. 156952 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Kline, and Schmitt) Motion carried. ADJOURNMENT 156953 - Feuss/Morrissey that the Council adjourn at 7:04 p.m. Voice vote -Ayes: Seven. Motion carried. October 21, 2019 Page 7 e ey Felch City Clerk