HomeMy WebLinkAboutMinutes-10/07/2019October 7, 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 7, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,
Morrissey, Feuss, Klein, Amos, and Juon. Absent: Schmitt
Prayer or Moment of Silence.
Pledge of Allegiance: Michelle Weidner, Chief Financial Officer
156851 - Juon/Amos
that the Agenda, as proposed, for the Regular Session on Monday, October 7, 2019, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Six. Motion carried.
156852 - Juon/Amos
that the Minutes, as proposed, for the Regular Session on Monday, September 23, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Six. Motion carried.
156853 - Juon/Amos
that the Minutes, as proposed, for the Special Session on Monday, September 23, 2019, at 5:20 p.m.,
be accepted and approved. Voice vote -Ayes: Six. Motion carried.
Proclamation declaring October 6-12, 2019 as Fire Prevention Week.
Green Advantage Update from MidAmerican Energy.
ORAL PRESENTATIONS
Lawrence Wheeler, 433 Bratonober, addressed several issues with the council.
Floyd Junker, 1209 Mulberry, explained that he wanted to alert the council to a dangerous experience
he had. A train was coming to an intersection and he nearly hit the train because the train did not
sound its bell. He pointed out several safety issues with the intersection.
Forrest Dillavou, 1725 Huntington Road, commented that on the agenda there are trees that are
declared safety issues that are being removed. He shared with council the location of several trees
and dilapidated buildings that he finds unsafe.
David Dryer, 3145 W. 4th Street, commented that on the end of the agenda the council is going into
executive session to acquire property. He questioned if the city needs more land and unless there is a
destiny for the land, the city should not purchase the property. He commented on the court order tree
removals on the Finance Committee and questioned why ash trees are removed and these trees are left
alone.
Todd Obadal, 124 Amity Drive, questioned the effective termination date of Steve Hoambrecker and
questioned if he was being paid between June and September of 2019.
Lance Dunn, Human Resources Director, explained the termination date and payments to Steve
Hoambrecker.
Mr. Morrissey commented that he attended a meeting last week about the plight of the homeless and
explained that he hopes that a venue will be created for the homeless to warm up during the winter.
The venue is called a warming house and stated that he hopes to see one in Waterloo.
156854 - Juon/Amos
that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried.
CONSENT AGENDA
156855 - Juon/Amos
October 7, 2019 Page 2
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 October 7, 2019, in
the amount of $2,824,797.79, 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. 2019-742.
2. Resolution setting the date of public hearing as October 21, 2019 to approve the request by
DGOGWaterlooia10032018, 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.
Resolution adopted and upon approval by Mayor assigned No. 2019-743.
3. Resolution setting date of bid opening as October 24, 2019 and date of public hearing as
October 28, 2019, for the Dry Run Creek Interceptor, Contract No. 877, and instruct City
Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-744.
4. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of
bid opening as October 24, 2019 and date of public hearing as October 28, 2019, for the FY
2020 Cedar River Bladder Dam Repairs, Contract No. 996, and instruct City Clerk to publish
said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-745.
5. Resolution approving Variance to Noise Ordinance request from Cathy Ketton on behalf of
Splash of Color Breast Cancer Support Group on October 12, 2019 from 7:00 a.m. to 10:00
a.m. in conjunction with the 8th Annual Splash of Color 3K Fundraiser Walk event, beginning
and ending at Sullivan Park and traveling on E. 4th, Sumner, Mobile, and Newell Streets,
including music and the use of a megaphone.
Resolution adopted and upon approval by Mayor assigned No. 2019-746.
6. Resolution approving request of Ellen Boardsen for a waiver for a concrete driveway, located
at 615 Belle Street, 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. 2019-747.
7. Resolution approving request from Rick Bishop, for Kimball Avenue United Methodist
Church, for a waiver for a concrete driveway, located at 1207 Kimball Avenue, with the
elimination of the sidewalk section due to the inability to meet grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2019-748.
8. Request to certify assessment to property for work performed by the Waterloo Water Works
at five (5) locations, together with recommendation of approval by the Waterloo Water Works
Board of Trustees
Resolution adopted and upon approval by Mayor assigned No. 2019-749.
9. Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to
notify Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2019-750.
b. Motion to approve the following:
October 7, 2019
1.
2.
a.
b.
c.
d.
e.
a.
b.
c.
d.
e.
f.
g.
h.
i.
J•
k.
1.
Page 3
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Sam Barrett,
Operations
Supervisor
National Seminars
Training - How to
Supervise People
Iowa Municipal
Attorneys Association
Seminar
Cedar Rapids, IA
Johnston, IA
November 14,
2019
November 22,
2019
$184
$183.25
Martin M. Petersen,
City Attorney
Sgt. Ludwig
Precision Driving
Instructor
Recertification Course
Des Moines, IA
September 18,
2019
$150
Chris Ferguson, Fire
Marshal and Brock
Weliver, Lt. Fire
Prevention Officer
Fundamentals of
Interview and
Interrogation
Waterloo, IA
October 14-16,
2019
$850
Steve Carey
Confined Space Rescue
Recertification classes
Aurora/Brookings,
SD
September 30 -
October 3,
2019
$726
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Brown Derby Ballroom, 618
Sycamore Street
C Liquor
Renewal
9/30/2020
x
Dollar General Store #20584,
1650 Idaho Street
B Wine / C Beer
New
10/25/2020
x
Holiday Inn Express, 2127
LaPorte Road
Special Class C
Liquor w/Living
Quarters
Renewal
9/30/2020
x
Hy -Vee #1 Club Room, 2834
Ansborough Avenue
Special Class C
Liquor
Renewal
10/16/2020
x
Jameson's Public House, 310
E. 4th Street
C Liquor
w/Outdoor
Service/Catering
Renewal
11/2/2020
x
K-Zar, 1761 Independence
Avenue
B Wine / E Liquor
New
8/31/2020
x
La Michuacana, 1221
Franklin Street
C Liquor
Renewal
3/26/2020
x
Mama Nick's Circle Pizzeria,
1934 Washington Street
C Liquor
_
Renewal
9/9/2020
x
Three Amigo's Family
Restaurant, 2820 Falls
Avenue
C Liquor
Renewal
8/24/2020
x
Tobacco Outlet Plus #500,
1803 LaPorte Road
C Beer
Renewal
10/14/2020
x
Wal-Mart Supercenter
#1496, 1334 Flammang
Drive
B Wine / C Beer / E
Liquor
Renewal
9/30/2020
x
Z's Restaurant, 3937 W.
Airline Highway *Adding
Sunday Sales*
C Liquor
New
7/19/2020
x
3. Recommendation of appointment of Tyler Janssen from the Civil Service List to the position of
Maintenance Mechanic at the Waste Management Services Department, effective October 21, 2019
pending pre-employment physical and drug testing.
Roll call vote -Ayes: Seven. Motion carried.
October 7, 2019 Page 4
PUBLIC HEARINGS
Mayor Hart explained that the Public Hearing for Dry Run Creek Interceptor, Contract No. 877 was
cancelled and rescheduled for October 28, 2019.
156856 - Morrissey/Feuss
that proof of publication of notice of public hearing on the 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, as published in the Waterloo Courier on September 27, 2019, be received and
placed on file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
156857 - Morrissey/Feuss
that the hearing be closed and oral and written comments, and recommendation of approval of the
Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
156858 - Morrissey/Feuss
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 first time. Roll call vote -Ayes: Six. Motion carried.
156859 - Morrissey/Feuss
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Five. Nays: One (Klein). Absent: One (Schmitt). Motion failed.
156860 - Amos/Feuss
that proof of publication of notice of public hearing on FY 2019 Gates Park Golf Maintenance
Building Replacement Project, Contract No. 1000, as published in the Waterloo Courier on
September 23, 2019, be received and placed on file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
156861 - Amos/Morrissey
that the hearing be closed and oral and written comments be received and placed on file. Voice vote -
Ayes: Six. Motion carried.
156862 - Amos/Feuss
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-751.
156863 - Amos/Feuss
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-752.
156864 - Amos/Feuss
Motion to receive and file and instruct City Clerk to read bids and refer to Leisure Services Director
for review.
October 7, 2019
Page 5
FY2019 Gates Park Golf Maintenance Building Project #1000
Waterloo, Iowa
10/3/19
Bid Form
ADDE
NDU
M
ADDE
NDU
M
BASE
BID
BID
BON
D
Alt #1
Alt #2
Alt #3
Alt #4
Alt #5
Alt #6
TOTAL
GENERAL
CONTRACTOR
#1
#2
Yes/N
o
7500
Heater
Road
Rock
Demo of
existing
MTI
Distributi
ng
Alternate
Sheathin
g Bay 05
$/Ton
Includes
Base +
Alt 1-5
Matt
Construction
x
x
$282,500
Yes
$2,300
$2,350
$10,950
$1,900
$0
$25.00
$300,000
Steege
Construction
,,
x
$270,213
Yes
$2,332
$3,100
$11,638
$4,403
$7,000
$21.00
$298,686
Don Gardner
Construction
x
x
$296,567
Yes
$2,195
$3,158
$14,370
$3,200
$0
$43.00
$319,490
Cardinal
Construction
x
x
$333,300
Yes
$2,300
$3,500
$10,000
$1,300
-$1,000
$20.00
$349,400
Kidder
Construction
x
x
$280,575
Yes
$3,415
$4,642
$12,892
$5,527
$4,456
$13.20
$311,507
Huff
Contracting
X
X
$263,726
Yes
$2,133
$3,330
$9,286
$1,100
-$394
$35.00
$279,181
Voice vote -Ayes: Six. Motion carried.
156865 - Feuss/Amos
that proof of publication of notice of public hearing on Reallocation of Unspent Proceeds of the
Taxable General Obligation Bonds, Series 2017B in an amount not to exceed $65,000 and Taxable
General Obligation Bonds, Series 2018B in an amount not to exceed $45,000, as published in the
Waterloo Courier on September 27, 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, questioned why these bonds were not already allocated to another
project and why they were not used to pay down debt.
Michelle Weidner, Chief Financial Officer, explained the agenda item.
Chip Baltimore, Tax Payer Protection Alliance, P. 0. Box 367, Boon, Iowa, explained that his
organization monitors municipal broadband activity throughout the state. He expressed concern that
the city would be using borrowed money to do a feasibility study for a government owned internet
service that would compete with private industry.
Rich Kurtenbach, 238 Normandy and Waterloo Telecommunications Board, commented that he is a
fed up resident having to deal with Mediacom and Century Link. He stated that anyone who has
waited on the phone over an hour to speak to a person at these companies should support this action.
156866 - Feuss/Morrissey
that the hearing be closed and oral and written comments be received and placed on file. Voice vote -
Ayes: Six. Motion carried.
156867 - Feuss/Amos
that "Resolution instituting proceedings to take additional action", be adopted. Roll -call vote -Ayes:
Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-753.
October 7, 2019 Page 6
RESOLUTIONS
156868 - Kline/Amos
that "Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, and
approving the Continuing Disclosure Certificate for the $3,625,000 General Obligation Refunding
Bonds, Taxable Series 2019D", be adopted. Roll call vote -Ayes: Six. Motion carried.
David Dryer, 3145 W. 4th Street, questioned what a refunding bond is and commented that the city
cannot borrow itself to prosperity.
Michelle Weidner explained the agenda item and noted that these actions will save taxpayers
$400,000 over several years and will not extend the years of payments.
Resolution adopted and upon approval by Mayor assigned No. 2019-754.
156869 - Kline/Amos
that "Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, and
approving the Tax Exemption Certificate and Continuing Disclosure Certificate for the $2,770,000
General Obligation Refunding Bonds, Series 2019C", be adopted. Roll call vote -Ayes: Six. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-755.
156870 - Kline/Amos
that "Resolution to appoint UMB Bank, N.A. of Kansas City, Missouri, to serve as Paying Agent,
Bond Registrar and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer
Agent Agreement, in conjunction with the $2,770,000 General Obligation Refunding Bonds, Series
2019C, and authorizing the execution of said agreement by the Mayor and City Clerk", be adopted.
Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-756.
156871 - Kline/Amos
that "Resolution to appoint UMB Bank, N.A. of Kansas City, Missouri, to serve as Paying Agent,
Bond Registrar and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer
Agent Agreement, in conjunction with the $3,625,000 General Obligation Refunding Bonds, Taxable
Series 2019D, and authorizing the execution of said agreement by the Mayor and City Clerk", be
adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-757.
156872 - Morrissey/Feuss
that "Resolution approving submission of a grant application to the Community Foundation of
Northeast Iowa, in an amount not to exceed $16,575.49, to replace ash trees in Sulentic, Valley View,
Rooff, and Lichty Parks", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-758.
156873 - Morrissey/Feuss
that "Resolution approving the FY 2019 Edward Byrne Memorial Justice Assistance Grant, in the
amount of $58,997, to be used in a joint effort by jurisdictions of the City of Waterloo, City of Cedar
Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office, and
authorizingthe Mayor to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-759.
October 7, 2019 Page 7
156874 - Morrissey/Feuss
that "Resolution approving a Professional Services Agreement with HR Green Company of Cedar
Rapids, Iowa, in an amount not to exceed $8,650, in conjunction with conducting an Environmental
Investigation at the former Wonder Bread Bakery site, and authorizing the Mayor to execute said
document", be adopted. Roll call vote -Ayes: Six. Motion carried.
David Dryer, 3145 W. 4th Street, questioned why the study is needed.
Noel Anderson, Community Planning and Development Director, explained different phases for
testing.
John Sherbon, 1715 Robin Road, commented that this seems like putting the horse in the back of the
cart. The city has already invested money in these projects and testing is always done before you
start a project.
Resolution adopted and upon approval by Mayor assigned No. 2019-760.
156875 - Amos/Morrissey
that "Resolution approving a Development Agreement with. Black Hawk Contracting & Development
Co., for the construction of two single family homes, located at 1130 and 1132 Hummingbird Circle,
with a minimum assessed value of $150,000 each, and approving a development grant of $5,000 per
dwelling, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll
call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-761.
156876 - Amos/Morrissey
that "Resolution approving a Development Agreement with Adnan Dizdaric and Merima Dizdaric,
for the construction of a single family home, located at 1330 Jersey Lane, with a minimum value of
$200,000, and approving a development grant of $5,000, and authorizing the Mayor and City Clerk to
execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-762.
156877 - Amos/Morrissey
that "Resolution approving Development Agreement with Lincoln Savings Bank for the rehabilitation
of 75,000 square feet of professional office space in the Tech One Building, with an added taxable
value of $8.5 million, including City grant of $550,000, twenty (20) years of tax rebates at 70 percent,
and $3 million per the Iowa Reinvestment District Grant contract, in Iowa Reinvestment District
funds, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call
vote -Ayes: Six. Motion carried.
Eric Skovgard, Lincoln Savings Bank, explained that the project would bring 125 employees to the
Tech Works campus, and plan to add 250-300 employees over the next five years. The company
started a new division called LSBX and has grown their customer base to over 2 million throughout
the United States. He explained that LSB collaborates with companies like Square, Acorn, Money
Lion, and Capital, and have seen substantial customer growth.
Mr. Morrissey questioned when the project would start.
Eric Skovgard explained that they are out of space and have already begun design work.
Resolution adopted and upon approval by Mayor assigned No. 2019-763.
156878 - Feuss/Morrissey
that "Resolution approving an Amendment to the Development Agreement with Hartel Properties,
LLC, originally signed on. August 5, 2019, to provide tax rebates of 90 percent, 75 percent and 60
percent for a three year time period, located north of 3105 Airport Boulevard, and authorizing the
October 7, 2019 Page 8
Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-764.
156879 - Feuss/Morrissey
that "Resolution approving an Amendment to the Development Agreement with Cedar Valley Real
Estate, LLC, of Waterloo, Iowa, originally signed on January 22, 2019 for the renovation of 300
Commercial Street, to change the completion timeline to twenty-four (24) months, and authorizing
the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Five.
Abstain: One (Jacobs due to business reasons). Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-765.
156880 - Feuss/Morrissey
that "Resolution approving a Professional Services Agreement with Invision Architecture of
Waterloo, Iowa, in an amount not to exceed $80,000, in conjunction with the FY 2020 Center for the
Arts Parking Improvements, Contract No. 1004, and authorizing the Mayor to execute said
document", be adopted. Roll call vote -Ayes: Six. Motion carried.
David Dryer, 3145 W. 4th Street, questioned why it costs $80,000 to design a parking lot.
Jamie Knutson, City Engineer, provided an overview of the item.
Mayor Hart questioned what challenges are occurring in the area that require changes.
Jamie Knutson explained some of the issues that growth in the area have created and noted that the
improvements will alleviate the issues.
Resolution adopted and upon approval by Mayor assigned No. 2019-766.
156881 - Amos/Feuss
that "Resolution approving a Professional Services Agreement with Pro -West and Associates of
Walker, Minnesota, in the amount of $8,874.14, to design, configure and implement an in -office and
field solution for the City to manage code violations, and authorizing the Mayor to execute said
document", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-767.
156882 - Amos/Feuss
that Final Quantity Summary for a net decrease of $16,086.20 for the FY 2019 Sidewalk Repair
Assessment Program - Zone 8, Contract No. 958, and authorizing the Mayor and City Clerk to
execute said document, be received, placed on file and approved. Voice vote -Ayes: Six. Motion
carried.
156883 - Amos/Feuss
that "Resolution approving completion of project and recommendation of acceptance of work, for
work performed by B & B Builders and Supply of Waterloo, Iowa, at a total cost of $190,129.63, for
the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and receive and file
two-year maintenance bond", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-768.
156884 - Kline/Amos
that "Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in
conjunction with the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and
instruct City Clerk to publish said notice", be adopted. Roll call vote -Ayes: Six. Motion carried.
October 7, 2019 Page 9
Resolution adopted and upon approval by Mayor assigned No. 2019-769.
156885 - Kline/Amos
that "Resolution approving award of contract to B & B Builders and Supply, of Waterloo, Iowa, in
the amount of $641,372.86, and approving the bonds and certificate of insurance for the FY 2020
Sidewalk Repair Assessment Program - Zone 9, Contract No. 981, and authorizing the Mayor and
City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-770.
156886 - Morrissey/Feuss
to recess for 10 minutes at 6:29 p.m. Voice vote -Ayes: Six. Motion carried.
156887 - Morrissey/Feuss
to reconvene at 6:42 p.m. Voice vote -Ayes: Six. Motion carried.
ORDINANCES
156888 - Morrissey/Amos
that "an Ordinance establishing grades for the City of Waterloo FY 2019 Sidewalk Repair
Assessment Program — Zone 8, Contract No. 958", be received, placed on file, considered and passed
for the first time. Roll call vote -Ayes: Six. Motion carried.
156889 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Six. Motion carried.
156890 - Morrissey/Amos
that "an Ordinance establishing grades for the City of Waterloo FY 2019 Sidewalk Repair
Assessment Program — Zone 8, Contract No. 958", be considered and passed for the second and third
times and adopted. Roll call vote -Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5514.
156891 - Amos/Morrissey
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 considered and passed for the third time and adopted. Roll call vote -Ayes: Four.
Nays: Two (Kline and Jacobs). Motion carried.
Mary Robinson, 321 Normandy, expressed support for the ordinance, explained that the ordinance is
an opportunity to make things right by allowing people with felonies to have a better chance at
getting ajob.
Linda Miller, 4001 N. 10th Street, Marion, IA, explained that the state needs to handle this topic and
that the state needs to reassess what crimes are considered a felony, such as pot possession. She
stated that as a landlord, she believes this ordinance a slippery slope toward forcing landlords to
house felons.
Todd Obadal, 124 Amity Drive, explained that there are government programs to allow for tax write-
offs for employing convicted felons. He stated that he spoke to many business owners who felt that
the programs were too difficult to apply for. He stated that the state code prevents cities from passing
an ordinance that places additional requirements on employer hiring practices.
October 7, 2019 Page 10
Alax Martin, 511 Wildwood Road Apt. 1, shared that the average unemployment rate for Americans
is 6%, for felons the rate is much higher. He stated that the city needs to do the right thing for people
who are falling through the cracks and could be facing a lifetime of poverty.
Eric Donot, 610 E. 4th Street, expressed support for the ordinance. He commented that people with
disabilities and returned citizens are two different groups of people but that they are equally written
off and have not been given a second chance. Even while serving a sentence, felons are assigned jobs
and taught skills for life after prison.
Forest Dillavou, 1725 Huntington Road, stated that, as a landlord, he has concern because he has had
groups ask him to take the box off his rental application. He stated that in good conscious he cannot
put a felon in a unit next to a little kid.
Larry Bedard, 1144 Linder Drive, explained that he does not support the ordinance.
LaTonya Graves, 607 E. Donald Street, explained that banning the box will assist all people in the
community and will give them the opportunity to show that they can change.
Gary Holt, 1621 Hyperion Drive, expressed support for the ordinance.
Mrs. Juon commented that over the last few weeks she has been contacted by several citizens about
the ordinance and most of them have been respectful. She explained that she has not appreciated
those that accused her of lying and breaking promises. She always supported the removing the box
from job applications and that it is critical to give people a second chance, but that she had more
questions about parts of the ordinance. She made the motion to delay the third reading so that her
questions could be answered. She explained that a group met for the past few weeks to develop
amendments to the ordinance, including a later effective date, which will be coming up at a work
session.
Mr. Amos commented that he has been supportive of the ordinance for several years. He thanked
Mrs. Juon for taking the time to work on a committee to better understand the ordinance.
Mr. Jacobs commented that he believes the ordinance should be an issue at the state level and that
bipartisan support at the state level exists to get this accomplished. He handed out copies of state
code section 364.3(12)(a) and a copy of his oath of office and stated that he believes his oath prevents
him from voting on this ordinance. He asked that the ordinance be removed from the agenda, voted
down, or vetoed by the mayor.
Mr. Morrissey commented that Iowa Code 364.3(12)(a) prevents cities from adopting an ordinance
that exceeds or conflicts with requirements of state or federal laws relating to hiring practices. He
stated that the city is not violating a law because there is not a law that prohibits cities from doing
what the ordinance proposes.
Mrs. Kline questioned who was on the committee working on the amendments to the ordinance and
suspects that no businessperson was on the committee. She explained that the ordinance allows
applicants to deceive potential employers and that she does not support the ordinance.
Mayor Hart commented that Mr. Schmitt sent an email stating that he does not support the ordinance.
Ordinance adopted and upon approval by Mayor assigned No. 5515.
156892 - Morrissey/Feuss
that "an Ordinance amending the City of Waterloo 2008 Traffic Code by repealing Subsection (74) -
University Avenue, of Section 541, Increasing Speed Limits in Certain Areas, in its entirety, and
inserting in lieu thereof a new Subsection (74) University Avenue, to Section 541, Increasing Speed
Limits in Certain Areas", be received, placed on file, considered and passed for the first time. Roll
call vote -Ayes: Six. Motion carried.
Felicia Cass, Complete Streets Advisory Committee Chair and 191 Pershing Road, commented that
the advisory group is in favor of keeping the speed limit at 35 mph from Tunis to Fletcher Road.
October 7, 2019 Page 11
Forrest Dillavou, 1725 Huntington Road, commented that he travels on Fletcher Road frequently and
believes that the ordinance is misleading because it does not specifically state where the speed will
change. He supports having the speed limit set at 45 mph from Fletcher Road to downtown.
Mr. Morrissey requested clarification on the ordinance.
Sandie Greco, Traffic Superintendent, explained that the ordinance is to change the speed limit from
Midway to Access B to change the speed limit to 35 mph. She explained that a speed study can be
done once construction is complete in order to have an accurate reflection of traffic movement on that
road.
Mr. Morrissey commented that he would introduce an amendment at a later date that reduces the
speed from Access B to Fletcher to 35 mph and sets the speed from Fletcher to Highway 63 at 45
mph.
Mr. Amos shared that he was able to calculate the time it takes to travel 3.6 miles at 45 mph and 3.6
miles at 35 mph and the time difference was one minute.
Mrs. Kline explained that she did a poll on her Facebook page to see if people preferred 35 mph or 45
mph and the result was 45 mph.
156893 - Morrissey/Feuss
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Six. Motion carried.
156894 - Morrissey/Feuss
that "an Ordinance amending the City of Waterloo 2008 Traffic Code by repealing Subsection (74) -
University Avenue, of Section 541, Increasing Speed Limits in Certain Areas, in its entirety, and
inserting in lieu thereof a new Subsection (74) University Avenue, to Section 541, Increasing Speed
Limits in Certain Areas", be considered and passed for the second and third times and adopted. Roll
call vote -Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5516.
156895 - Amos/Feuss
that "an Ordinance amending the City of Waterloo 2008 Traffic Code by amending Section 571, No
Parking 8:00 A.M. to 4:00 P.M. except Saturday, Sunday and Holidays, by adding Subsection (la),
Coachman Drive, south side in the 2000 Block", be received, placed on file, considered and passed
for the first time. Roll call vote -Ayes: Six. Motion carried.
Ronald Weaver, 2018 Coachman Drive, commented that he has lived in this area for forty years and
only knows of one accident that has occurred on this street. He stated that he has had conversations
with bus drivers over the years and they suggested pulling into the driveway of the group home from
a different angle and has encouraged them to use his driveway. He stated that he opposes changing
the ordinance because there has not been a problem in the neighborhood for 40 years.
Sandie Greco provided an overview of the ordinance and explained that the bus drivers are wanting
extra room when backing out of Exceptional Persons.
156896 - Amos/Feuss
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: One. Nays: Five (Jacobs, Feuss, Kline, Amos, and Juon). Motion
carried.
OTHER COUNCIL BUSINESS
156897 - Morrissey/Feuss
October 7, 2019 Page 12
that Change Order No. 4, in the amount of $ 19,505.00, to WRH, Inc. of Amana, Iowa, in conjunction
with the Waterloo Waste Water Treatment Plant Satellite Wet Well Project, Contract No. 907, be
received, placed on file and approved. Voice vote -Ayes: Six. Motion carried.
156898 - Morrissey/Feuss
that Change Orders Nos. 5-7, for a total decrease of $2,363.27, to Woodruff Construction, LLC of
Waterloo, Iowa, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No.
973, be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried.
156899 - Juon/Amos
that the council adjourn to Executive Session at 7:53 p.m. Roll call vote -Ayes: Six. Motion carried.
City Attorney Martin Petersen stated that discussion on the purchase of real estate is an approved
topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j).
EXECUTIVE SESSION
156900- Juon/Feuss
that the council adjourn Executive Session. at 8:02 p.rn. Voice vote -Ayes: Six. Motion carried.
ADJOURNMENT
156901 - Juon/Feuss
that the Council adjourn at 8:02 p.m. Voice vote -Ayes: Six. Motion carried.
elley Fele
City Clerk