HomeMy WebLinkAbout12.14.2020 Council Minutes December 14, 2020
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, December 14, 2020. Mayor Quentin Hart in the Chair. Roll Call:
Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone.
Prayer or Moment of Silence.
Pledge of Allegiance: Jonathan Grieder, Ward 2 Council Member
159360 - Juon/Grieder
that the Agenda, as amended, to remove Item 1A6, for the Regular Session on Monday, December
14, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
159361 - Juon/Grieder
that the Minutes, as proposed, for the Regular Session on Monday, December 7, 2020, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Rev. Dr. Mary Robinson, 321 Normandy Street, All Nations Community Church, commented that
she wished to speak about the treatment of the Human Rights Commission about their treatment
when they filed a petition about the griffin. She stated that she is concerned about the autonomy of
the group as she feels it has received undue criticism as some city council members criticized the
actions of the commission. She explained that members of the commission spoke out about their
position on the griffin and that they are charged to lead and do what is best by human rights and fair
housing. People may not like what the commission is advocating but that advocacy needs to be
respected as it is meant to strengthen community awareness on human rights issues.
Mr. Boesen questioned if the council could receive an update on how testing for police recruits went
this weekend along with numbers of participants.
Chief Joel Fitzgerald explained that they had just under twenty-five people show and fourteen passed
the test. The hope is that out of the fourteen they will have several that will pass the background
portion and can move forward.
Mr. Boesen commented that he knows that the city council has opened contract negotiations. He
hoped that in an effort to reduce costs, as suggested by council, that Ahlers and Cooney would be
available via phone or Zoom if there were any legal questions, rather than attend in person.
Mayor Hart commented that he does not remember a direct directive from council to not have the
Human Resources Director not talk to Ahlers and Cooney about contract negotiations but that he
would talk to the Human Resources Director.
Mr. Boesen clarified that the expression was not to not use or utilize Ahlers and Cooney but to cut
down on having drive-time with the physical presence of an attorney at all of the negotiations.
Mr. Morrissey commented that during the work session there was a handout on Waterloo Police
Department letterhead sent out to council. He noticed something disturbing and called the City
Clerk to ask some questions. The top of the letterhead has the "green eyed monster" and the bottom
of the letterhead has an acronym, which spelled out the phrase, Genuine Relationships Inspire
Future Friendships In Neighborhoods. He stated that he has been on council for seven years and had
never seen that before. He learned that the phrase had only been added since the griffin became an
issue. He questioned why something more appropriate would not have been chosen. He questioned
if this change received Mayor's approval, if there was a cost associated with the change, questioned
who created it, and if the Rebranding Committee, Human Rights Commission or the Neighborhood
Services Coordinator informed of this. Has asked that the phrase be removed and replaced with
something that is not controversial. He stated that one council member praised the obnoxious, and
divisive and nasty Waterloo Courier Cartoon, as spot-on. In addition, that those that were seeking
griffin removal as being ignorant. He asked that person to apologize to our community.
Mayor Hart questioned if the griffin acronym was part of the chief s mission vision.
December 14, 2020 Page 2
Chief Fitzgerald explained that when he was first hired, he charged the officers to come up with an
acronym that aligned with the mission, vision, values and principles of the organization. He takes
exception to Mr. Morrissey's assertion that he has never seen it before because this has been
included in previous council packets. He noted that there is no cost involved in moving things
around in Microsoft Word and said he takes offense in the inference that he is trying to be divisive,
taking one side or another, or trying to damage relationships with the community. He said that is a
very dangerous position to put the police department and chief. He also stated that if there was a
problem, Mr. Morrissey could have contacted him, adding that he has not had a conversation with
Mr. Morrissey since he was hired. He has reached out to Mr. Morrissey, but has not received any
return call or other communication. He welcomes an opportunity to discuss positions on certain
things and believes they would agree on more things than they would disagree. He understands that
the patch will change and reiterated that at the time the police officers voted on the acronym none of
this was an issue.
Mrs. Klein commented that Mr. Morrissey's comments were directed toward her. She explained that
she is proud of our honest, hard-working, loyal police men and women who everyday put their lives
on the line. She further explained why she felt the cartoon was spot-on.
Mayor Hart commented on the political cartoon in the Waterloo Courier and depicting compromise
as a dirty word. The Courier has disrespected the concerns of people who do not agree. The
community cannot allow the Courier and other media outlets to cheapen the Mayor, Council, and our
ability as a community to work together. He stated that the Courier did us a disservice by printing
the picture. The Police Department is trying hard to work together and come together. Community
members are stepping up to take challenges head on. He is upset that the feelings of people have
been degraded and that it is a cheap shot at the City of Waterloo. If they want to print something,
talk about the incredible service that our police officers are doing, the heroes in our marginalized
communities that are stepping up every day to try to make an incredible difference in this
community. Talk about our city council that is working together to solve problems and make the
community better.
Mr. Juon commented that she was infuriated by the Courier's assault on compromise. In her entire
career, the only way to get something done is by compromise.
Mr. Grieder stated that he was thinking of bringing the cartoon up last week but he was incredibly
mad. The city had a very long meeting about the police department insignia and what it means to
people on both sides. For the Courier, which is to be a non-biased source of information, to take a
side in a debate in look down on efforts to compromise, their behavior is appalling. This is why
people question newspapers as an institution because when they take a side, it makes people question
why they are in existence.
159362 - Juon/Grieder
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
159363 - Juon/Grieder
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 December 14,
2020, in the amount of$3,683,969.15 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. 2020-887.
2. Resolution approving a Lease Agreement with C & S Car Company, for a 2021 Hyundai
Tucson, VIN#KM8J2CA42MU338978, to be used by the School Resource Unit for a six(6)
month period at no cost to the City, and authorizing the Mayor to execute said document.
December 14, 2020 Page 3
Resolution adopted and upon approval by Mayor assigned No. 2020-888.
3. Resolution accepting the Office of Healthy Homes and Lead Hazard Control Grant, in the
amount of$3,384,678, and authorizing the Mayor to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2020-889.
4. Resolution approving award of bid to Lansing Brothers Construction Co., Inc., of
Luxemburg, Iowa, in the amount of$52,850, and approving the contract, bond and certificate
of insurance, for Contract No. RD-2020-12-O I P, in conjunction with Demolition and Site
Clearance Services at 115 Sumner Street, and authorizing the Mayor and City Clerk to
execute said documents.
Resolution adopted and upon approval by Mayor assigned No. 2020-890.
5. Resolution approving preliminary specifications, form of contract, etc., setting date of bid
opening as December 31, 2020 and date of public hearing as January 4, 2021, in conjunction
with providing Janitorial Services at the Waterloo Public Works Facility, and instruct the
City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-891.
with the FY 2021 Levef-see Read Lift Station, Centf-aet No. 993, and authef-i yof
to exeeute said doetiments,
7. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as January 7, 2021 and date of public hearing as January 19, 2021, in
conjunction with the FY 2021 Center For The Arts Parking Improvements Phase 3,
Northwest Half Project, Contract No. 1004, and instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-892.
b. Motion to approve the following:
Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Ruth Muller, Police Managing the Property Waterloo, December 14- $325
Property and Evidence and Evidence Room IA 15, 2020
Coordinator
b. Sgt. Devine and Fundamentals of Drug Johnston, IA December 14- $465
Investigator Stratton Crime Scene 18, 2020
Investigation
2• Approved Beer, Liquor, and Wine Applications
Name &Address of Class New or Expiration Includes
Business Renewal Date Sunda
a. Casey's General Store#2867, E Liquor New 6/15/2021 x
2424 Ranchero Road
*Ownership Update*
b. The Loft, 710 Jefferson C Liquor Renewal 1/12/2022 x
Street, #4
c. SingleSpeed Brewing, 325 C Liquor w/Outdoor Renewal 12/31/2021 x
Commercial Street Service and Brew Pub
d. Bros Bars and Grill, 1927 C Liquor New 10/20/2021 x
Jefferson Street
December 14, 2020 Page 4
e. Club Ambassador, 313 W. C Liquor w/Outdoor Renewal 12/15/2021 x
5th Street Service
f. Logan Ave Convenience B Wine/C Beer/E Renewal 11/28/2021 x
Store, 735 Logan Avenue I Liquor
3. Motion approving Change Order No. 1 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net
decrease of$203,925.11, in conjunction with the FY 2019 Wing Dike Project, Contract No. 966, and
authorizing the Mayor to execute said document.
Roll call vote-Ayes: Seven. Motion carried.
RESOLUTIONS
159364 - Morrissey/Grieder
that "Resolution approving the Convention and Visitors Bureau Board recommendations for funding
a hotel-motel mini grant application for the 2020 50/50 Bowling Tournament in the amount of$3,000",
be adopted. Roll call vote-Ayes: Seven. Motion carried.
Tavis Hall, Convention and Visitors Bureau Board,provided an overview of the request.
Resolution adopted and upon approval by Mayor assigned No. 2020-893.
159365 - Morrissey/Grieder
that"Resolution approving a Professional Services Agreement with AECOM Technical Services,Inc.,
of Waterloo,Iowa,in an amount not to exceed$59,500,for construction related services in conjunction
with the FY 2021 E. Shaulis Road Trail Extension, Phase II Project, Contract No. 1012, 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. 2020-894.
159366 - Morrissey/Grieder
that "Resolution approving and accepting a permanent easement with Lost Island Real Estate, L.C.,
for construction of a public warning siren, located at 4550 Hess Road, 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. 2020-895.
159367 - Klein/Grieder
that"Resolution approving a Development Agreement with Locke Realty, Inc., in conjunction with a
10,000 square foot expansion at 4140 Kimball Avenue, with a new taxable value of $3,586,500
and including five (5) years at 50 percent tax rebates, 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. 2020-896.
159368 - Klein/Grieder
that "Resolution approving the first of two (2) payments to Grow Cedar Valley, in the amount of
$14,250 for the base amount and $56,000 in incentive funds, for a total of$70,250, in conjunction
with FY 2021 economic development",be adopted. Roll call vote-Ayes: Seven. Motion carried.
Kelley Felchle, City Clerk, read an email on behalf of David Dreyer. The city is proposing entering
into a new agreement with GCV subject to $70,250. He requested to receive by email; an accounting
in detail, how much GCV has helped the city monetarily,jobs created, etc., that cannot be attributed
to anything or any other department efforts. We citizens need justification on this large of an
expenditure, much less any money spent on our behalf.
December 14, 2020 Page 5
Lisa Skubal, Grow Cedar Valley, commented that a compilation of data over the last three years will
be provided in the coming days.
Mayor Hart commented on the complexity of work that the Grow Cedar Valley does and that they do
not just negotiate deals without the involvement of city offices such as the mayor's office,and planning
and economic development offices.
Mrs. Klein commented that she has great respect for Grow Cedar Valley and said she would like to
get updates prior to council voting on items like this.
Mr. Boesen commented he had sent Mr. Anderson an email regarding the incentives. Noel explained
that it is a long process that Grow Cedar Valley works with our economic development group. He
asked that Ms. Skubal expand on how long of a process this has been with Con-Trol.
Lisa Skubal acknowledge the necessary working relationship with the city and explained that part of
their role is to fill in any gaps and be an advocate for the company and the project, particularly with
existing businesses. She went on to provide details in the long process with Fred LaPole of Con-Trol.
Resolution adopted and upon approval by Mayor assigned No. 2020-897.
ORDINANCES
159369 - Amos/Grieder
that"an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain
property from "R-1" One and Two Family Residence District to "R-3,R-P" Planned Multiple
Residence District with conditions, located at 146 Martin Road", be received, placed on file,
considered and passed for the second time. Roll call vote-Ayes: Seven. Motion carried.
Mayor Hart explained that this project has the full support of Leisure Services and Council, despite
how the article was presented in the Courier. This is a fantastic development that has passed all of the
necessary marks in order to move forward.
159370 - Amos/Grieder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
Mayor Hart questioned if there were any other comments on the item.
Noel Anderson, Community Planning and Development Director, commented there have been no
additional comments received.
159371 - Amos/Boesen
that"an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain
property from "R-1" One and Two Family Residence District to "R-3,R-P" Planned Multiple
Residence District with conditions, located at 146 Martin Road", be 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. 5584.
159372 - Feuss/Grieder
that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Chapter 4, City
Council, of Title 1,Administration, in its entirety and enacting in lieu thereof a new Chapter 4, Mayor
and City Council, of Title 1, Administration", be received, placed on file, considered and passed for
the first time. Roll call vote-Ayes: Six. Nays: One (Morrissey). Motion carried.
Kelley Felchle read comments emailed by David Dreyer. "I do my business in person so since I'm
not allowed in the chamber right now one of you please read this into the record so those listening
December 14, 2020 Page 6
will know. David Dreyer has registered with the council via email his opposition to two meetings a
month and not being able to speak unless registered with the city clerk at any meeting. He has stated
before this same opposition that passing this proposed change to Title 1 (one) extremely limits a
citizen's ability to voice their concerns. Voicing them in person lets the listeners know and hear. He
feels this action will mostly eliminate communication from the citizens to their elected officials.
Passage of this proposed change will not improve communication or the city of Waterloo.
Mr. Morrissey commented that there were some errors in the attachment, but will not discuss them
here because he has several amendments he intends to make.
159373 - Morrissey/
To amend 1-4-7C by deleting the sixth sentence in its entirety and replace with"the city council work
session members may, by consensus of those present, move discussion/work session agenda items
forward to a full council regular meeting for deliberation and vote". Motion dies due to lack of a
second.
159374 - Morrissey/
To amend 1-4-7C by deleting in the seventh and eighth sentences the word"motions"and replace with
"consensus declarations". Motion dies due to lack of a second.
159375 - Morrissey/
To amend 1-4-71) to delete the word "shall" in the first sentence and replace it with the word "may".
Motion dies due to lack of a second.
159376 - Morrissey/
To amend 1-4-8 to add"1-4-8(2)other committees as designated by the mayor or voting on by the city
council". Motion dies due to lack of a second.
159377 - Morrissey/
To amend 1-4A-2 by adding the sentence"any decision is subject to an appeal with the proper second"
Motion dies due to lack of a second.
159378 - Morrissey/
To amend 1-4A-10(C) by deleting "three minutes" and replacing it with "five minutes" in sentence
one and two. Motion dies due to lack of a second.
159379 - Morrissey/
To amend 1-4A-10(C) by adding the sentence "such request shall not be unreasonably denied".
Motion dies due to lack of a second.
159380 - Morrissey/
To amend 1-4A-11A, first sentence, by deleting 1-4A-13(A)(2) and replacing it with 1-4A-14(A)(2)
and the third sentence by deleting all words after the comma. Motion dies due to lack of a second.
Mr. Morrissey commented that if the council does not approve this, then the ordinance would need to
be re-written because it is incorrect as written.
159381 - Morrissey/
To amend 1-4A-11 A by deleting the last sentence in its entirety. Motion dies due to lack of a second.
159382 - Morrissey/
December 14, 2020 Page 7
To amend 1-4A-11 B by deleting the last sentence in its entirety and adding"the council member shall
be given sufficient time and latitude for presentation of that council members agenda item, keeping
said presentation germane and informative to that item. Motion dies due to lack of a second.
159383 - Morrissey/
To amend 1-4A-13 by striking the word"physically". Motion dies due to lack of a second.
159384 - Morrissey/
To amend 1-4A-14A by adding 1-4a-14A2 as it is not there in the proposed ordinance. Motion dies
due to lack of a second.
159385 - Morrissey/
To amend 1-4A-18B the third sentence by deleting from the word second, and replacing from there
on with, "and/or third readings of an ordinance may be suspended so that council may proceed with
final adoption of the ordinance at its first or second reading". Motion dies due to lack of a second.
159386 - Morrissey/
To amend 1-4A-19D by deleting the wording "Section 14A13(A)(2)" and replacing it with 1-
4A14(A)(2). Motion dies due to lack of a second.
Mr. Morrissey stated that this is to correct language that is incorrect in the ordinance that this council
evidently hopes to pass.
159387 - Morrissey/
To amend 1-4A-32(A)by deleting the end of the first sentence after the word minutes, and deleting in
its entirety the second sentence. Motion dies due to lack of a second.
159388 - Morrissey/
To amend 1-4A-33 by deleting the phrase three minutes and replacing that with five minutes. Motion
dies due to lack of a second.
159389 - Morrissey/
To amend 1-4A-34 by deleting the phrase three minutes and replacing that with five minutes. Motion
dies due to lack of a second.
159390 - Morrissey/
To amend 1-4A-35B by deleting the last sentence, as it is unnecessary and confusing. Motion dies
due to lack of a second.
159391 - Morrissey/
To amend the first sentence of 1-4B-5 by adding to the end of the phrase "unless with a member or
members present at that closed session. Motion dies due to lack of a second.
159392 - Morrissey/
To amend 1-4-7 by deleting and replacing with "regular meetings of city council shall be held on the
first four Mondays of each month at council chambers in city hall at 5:30 p.m. Motion dies due to
lack of a second.
159393 - Morrissey/
To amend 1-4-3A by deleting from the first sentence, $94,000 and replacing with $89,300. Motion
dies due to lack of a second.
December 14, 2020 Page 8
159394 - Morrissey/
To amend 1-4-3B by deleting from the first sentence, $9,272.22 and replacing with$4,636.11. Motion
dies due to lack of a second.
159395 - Feuss/Boesen
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Six. Nays: One. (Morrissey). Motion carried.
159396- Feuss/Boesen
that "an Ordinance amending the City of Waterloo Code of Ordinances by repealing Chapter 4, City
Council, of Title 1,Administration, in its entirety and enacting in lieu thereof a new Chapter 4, Mayor
and City Council, of Title 1,Administration",be considered and passed for the second and third times
and adopted. Roll call vote-Ayes: Six. Nays: One (Morrissey). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5585.
ADJOURNMENT
159397 - Amos/Feuss
that the Council adjourn at 6:41 p.m. Voice vote-Ayes: Seven. Motion carried.
Kellen �elohle
Kelley Felchle
City Clerk