HomeMy WebLinkAbout02.06.2023 Work Session MinutesFebruary 6, 2023
Roll 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 Carried.
Discussion of amendments to the sidewalk 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 council's pleasure and explained the
decision to lower the rate 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 over time.
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 to make sure LGBTQ 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 is 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 concerns 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 struck down the applicable local ordinance. 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 challenges.
Mr. Nichols questioned if Davenport chose human rights for the enforcement portion.
Mr. Grieder confirmed. In our ordinance, complaints would go to the city attorney, 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 state take more action.
Mr. Boesen commented that the phone calls and emails he received from constituents were
against the ordinance.
Mr. Nichols shared that his contact 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 move 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.
Kelley Feichle
Kelley Felchle, City Clerk