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HomeMy WebLinkAbout2.6.2023 Work Session Minutes*** Proof of Publication *** State of Iowa Black Hawk County Waterloo, City of - Legals EMILY GRAHAM 715 MULBERRY ST. WATERLOO IA 50703 ORDER NUMBER 221409 The undersigned, being duly sworn, on oath, do depose and say that I am an authorized employee of the Waterloo Cedar Falls Courier, that The Waterloo Cedar Falls Courier is a weekly newspaper regularly published and printed in the English language in the City of Waterloo, Black Hawk County, Iowa, and has a general circulation in the said city and county; and that I personally know that the notice, a true copy of which is hereto affixed, was published in the Waterloo Cedar Falls Courier on the following days, to -wit: Section: Legals Category: 950 Legal Notice PUBLISHED ON: 02/21/2023 TOTAL AD COST: FILED ON: 99.04 2/21 /2023 That the issues of said paper containing said notice were duly circulated in the regular manner. mow' °Ndlak\-- Notary Public in and for Said County a22�s SHERRIE KILTS T- Commission Number 772917 • My Commission Expires ow May 9, 2024 *** Proof of Publication *** February 6, 2023 Rol Call Members present: Mayor Hart in the Chair, Boesen, Nichols. Grieder, and Feuss. Absent: Ms. Wilder and Mr. Chiles. Agenda, as proposed or amended Boesen/ Grieder that "Agenda, as proposed or amended", be approved. Voice vote -Ayes: Four. Motion Carded. Discussion of amendments to the side- walk ordinance. Jamie Knutson, City Engineer, provided an overview of amendments to the ordinance. Mr, Boesen questioned lowering the interest rate for sidewalk assessments, and compared it to the nine percent the Water Works uses. Jamie Knutson commented that of course would be at the counts pleasure and explained the decision to lower the rale was an effort to help our citizens. Kelley Felchle, City Clerk, explained how the sidewalk assessment differs from what the delinquent fees that Water Works assesses for. Jamie Knutson explained that they also plan to change the dollar amount required for the bond and that the repayment schedule is being extended to allow people more time to pay for the repair overtime. Discussion of ban on conversion therapy. Mr. Grieder provided an overview of the ordinance. He shared that the state of Iowa has not done anything to pass legislation at the state level. Damian Thompson, Director of Public Policy and Communication at Iowa Safe Schools, spoke about the work they have done 10 make sure LGBTO youth are being protected. Mr. Grieder explained that people in the LGBTQ community have asked for this ban and that this practice Is happening in Waterloo. He commented that people have said this is not something we should spend time on. To that he says the largest mental health provider in the community i5 the Police Department. He believes, as a result, that this is a city issue. People in the state of Iowa do not feel safe because this practice is allowed and part of the reason why he ran for office is because children need to be protected. He addressed concems from the legal department on preemption. He stated that he disagrees with a memo produced by the legal department explaining that this ordinance is preempted and listed his reasons. Mr. Boesen shared that he wants to hear from the city attorney. Martin Petersen, City Attorney, explained that he distributed a memo to council prepared by a law firm In Des Moines. He explained there have been no eighth circuit cases, no supreme court cases and no recordable decisions that would directly affect our state, though there is guidance in other parts of the country. The main case dealing with a local ordinance affecting these providers that came out of the eleventh circuit in Florida. The court there found that the local ordinance prohibiting the practice of conversion therapy was preempted. The other cases around the country deal mainly with state laws that ban the practice and challenges by providers based on the interference with the provider's first amendment right. Florida adopted a strict scrutiny analysis and stack down the applicable local ordi- nance. He expressed that his concern is with field preemption. His belief is that if the ordinance is adopted by Waterloo It may not survive a challenge based on a field preemption basis. Mr. Grieder explained that Linn County and Davenport have both adopted ordinances and have not seen challeng- es. Mr. Nichols questioned if Davenport chose human rights for the enforcement portion. Mr. Grieder confirmed. In our ordinance, complaints would go to the city attomey, but in Davenport, they would go through the human rights commission who would either do the investigation or pass it on up to the state level. Mr. Boesen clarified that Davenport handles their complaints strictly as a human rights issue and questioned if Iowa City does the same. Mr. Grieder explained that Iowa City has not passed an ordinance, they passed a resolution similar to the one that Waterloo adopted, arguing for the state to take more action. Mayor Hart clarified that we passed a resolution in 2020 asking the stale take more action. Mr. Boesen commented that the phone calls and emalls he received from sels�I f�� *** Proof of Publication *** wuaumeum were .9[111,1 II ICI mwueiiee. Mr. Nichols shared that hiscontact from constituents were the opposite and support the ordinance. Mr. Grieder added that comments he received were in favor of the ordinance. Mr. Boesen questioned when this would be coming back to council and in its current form he cannot support it. Mr. Grieder commented he would like to nave fast to get this adopted. ADJOURNMENT Feuss/ Grieder that `the meeting adjourn at 4:53 p.m.", be approved. Voice vote -Ayes: Four. Motion Carried.