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HomeMy WebLinkAboutMinutes-12/16/2019December 16, 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, December 16, 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: Bruce Jacobs, Ward 2 Council Member 157192 - Juon/Schmitt that the Agenda, as amended, Item 2, to correct language of motion to read "vacate 7,445 square feet of street right-of-way adjacent to 3070 West Airline Highway ", for the Regular Session on Monday, December 16, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157193 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, December 9, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Waterloo Fire Rescue Civilian Commendation for Steppin Field. Mayor Hart recognized Dan Trelka for his service as Chief of Police. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, questioned if the city purchased item six on the consent agenda. He commented that he is concerned that a burglary investigation is ongoing in the Rainbow/Greenhill Road area and questioned if the city is looking into crime in the Byron Avenue area. Mayor Hart explained that the Byron Avenue area is getting extra attention from police and code enforcement. Todd Obadal, 124 Amity Drive, read Article 19 of the Declaration of Human Rights. He commented that he posted on Facebook comments alluding to the city and Steve Hoambrecker having a quid pro quo benefit. He stated that he has not received an answer about concrete plugging a pipe that causes a backup on 9th and Locke. Jamie Knutson, City Engineer, explained that the original sanitary sewer in the cross section between 8th and 9th was constructed in 1953. At some point between 1953 and 2017 when the city televised that line,staff found the plug, blocking the overflow between 8th Street and 9th Street. Engineering does not have records showing when the plug was installed. It could have been done in 1954, it could have been 2016. The plug stops the flow of sanitary sewer from going from 8th Street to 9th Street. The sewer on 8th Street does not have plugs. It still functions just like the day it was installed. Nothing is blocking the pipe running down 8th Street. The only plug is the overflow between 8th and 9th. Waste Management Services removed the plug this summer and installed a knife valve on that line. So now, rather than it being a solid plug from 8th to 9th, the city can allow some amount of sewer to go between 8th and 9th Street. This way staff can control how much sewer goes to 9th Street. He explained that he spoke with Randy Bennett in the spring of 2019 and first became aware of the plug. Randy was able to get his crews out and remove the plug. Again, this is a plug between 8th and 9th. Not on 8th Street, it's an overflow between the two. Mayor Hart asked if the levels are being monitored. Jamie Knutson stated that question would be more for Waste Management, but would assume that when there are heavy rains they would open that up enough to allow as much as they feel is safe to go over to 9th Street rather than putting a pump there and then pumping raw sewage directly into Dry Run Creek. Mr. Morrissey questioned where the agreement is with the Ramada Hotel. He made a correction about a statement he made last week that the 657A meeting on dilapidated housing is not a public meeting when he stated in the meeting last week that it was public. He requested an update on the December 16, 2019 Page 2 All In Grocers project, and raised further questions about the electric charging stations that are being installed by MidAmerican Energy. Michelle Weidner, Chief Financial Officer, explained that the development agreement with Makenda, LLC has been signed and the property sale closed in November. Construction fencing is up and demolition has begun. Noel Anderson, Community Planning and Development Director, provided an update on the All In Grocers project. He also provided a brief explanation of the options for the city to assume the charging stations after three years. Mr. Schmitt questioned the fee for semi-annual fire inspection. Pat Treloar, Fire Chief, explained the fee structure. Mr. Schmitt questioned if the city is still in a lawsuit with Edwin Leslie. Michelle Weidner explained that the lawsuit is open and currently has no direct bearing on the ownership of the hotel. 157194 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157195 - Juon/Schmitt 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 16, 2019, in the amount of $1,463,646.17, 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. 2019-945. 2. Resolution approving 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. 2019-946. 3. Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as January 9, 2020 and date of public hearing as January 13, 2020, for the purchase of one (1) 2020 4 WD, 3/4 ton, crew cab pickup truck for the Waterloo Fire Rescue, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-947. 4. Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as January 9, 2020 and date of public hearing as January 13, 2020, for the purchase of one (1) 2020 or newer backhoe with 4 -wheel drive for the Sewer Department, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-948. 5. Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as January 23, 2020 and date of public hearing as January 27, 2020, in conjunction with the 2020 Wastewater Treatment Plant Biosolids Modifications, Contract No. 994, and instruct City Clerk to publish said notice. December 16, 2019 1. 2. Resolution adopted and upon approval by Mayor assigned No. 2019-949. Page 3 6. Resolution setting date of public hearing as December 30, 2019 to vacate, sell and convey a portion of City right-of-way, with the retention of a utility easement, located at the northwest corner of Falls Avenue and Stephan Avenue, to PWS Holdings 19 IA, LLC, in the amount of $1.00, and approving a Development Agreement and Minimum Assessment Agreement for the construction of a new commercial building, and authorize the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-950. 7. Resolution setting a date of public hearing as December 30, 2019, to approve a Hangar and Ground Site Lease Agreement with Osprey Aviation, LLC, for property located east of 2790 Livingston Lane, in the amount of $365.15 per month, for a term ending December 31, 2059, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-951. b. Motion to approve the following: a. a. b. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Sgt. Hoelscher FAA Drone Testing Waterloo, IA 12/5/2019 $160 Approved Beer, Liquor, and Wine Applications Name & Address of Business _ Class New or Renewal Expiration Date Includes Sunday King Star, 2035 E. Mitchell Avenue B Native Wine / C Beer Renewal 1/19/2021 x Single Speed Brewing Company, 325 Commercial Street C Liquor w/Outdoor Service / Brew Club Renewal 12/31/2020 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Re -Appointment Steven Carignan Cultural and Arts Commission December 31, 2022 Doug Castenson Cultural and Arts Commission December 31, 2022 Re -Appointment Cheryl Banks Ferguson Cultural and Arts Commission December 31, 2022 Re -Appointment April Leadley Board of Adjustment December 8, 2024 Re -Appointment Roll call vote -Ayes: Six. Abstain: One (Jacobs on item 1.A.6). Motion carried. PUBLIC HEARINGS 157196 - Schmitt/Amos that proof of publication of notice of public hearing on request by the City of Waterloo to vacate 7,445 square feet of street right-of-way adjacent to 3070 West Airline Highway, as published in the Waterloo Courier on December 6, 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 and there were none. December 16, 2019 Page 4 157197 - Schmitt/Amos that the hearing be closed, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157198 - Schmitt/Amos that "an ordinance approving a request by the City of Waterloo to vacate 7,445 square feet of street right-of-way adjacent to Airline Highway adjacent to 3070 West Airline Highway, subject to an easement for utilities being maintained over, under, and upon the vacated area", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 157199 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 157200 - Schmitt/Amos that "an ordinance approving a request by the City of Waterloo to vacate 7,445 square feet of street right-of-way adjacent to Airline Highway adjacent to 3070 West Airline Highway, subject to an easement for utilities being maintained over, under, and upon the vacated area", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5531. 157201 - Morrissey/Feuss that proof of publication of notice of public hearing on FY 2020 Virden Creek Levee Improvements, Contract No. 947, as published in the Waterloo Courier on December 2, 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 and there were none. 157202 - Morrissey/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157203 - Morrissey/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-952. 157204 - Morrissey/Feuss that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-953. 157205 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate $4,280,758.65 Bidder ,Bid Security Bid Amount Peterson Contractors, Inc. Reinbeck, IA 5% $4,736,289.53 December 16, 2019 Page 5 Iowa Bridge & Culvert, LC Washington, IA 5% $5,076,445.99 Larson Construction Co., Inc. Horst Distributing, Inc. Chilton, WI $4,451,767.00 Independence, IA 5% WRH, Inc.5%$4,244,743.72 Amana, IA Tricon Construction Groupo $3,808,500.00 Dubuque, IA 5 /o Voice vote -Ayes: Seven. Motion carried. 157206 - Amos/Morrissey that proof of publication of notice of public hearing on the purchase of two 2020 Fairway Mowers, as published in the Waterloo Courier on December 6, 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 and there were none. 157207 - Amos/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157208 - Amos/Morrissey that "Resolution confirming approval of specifications, bid documents, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-954. 157209 - Amos/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-955. 157210 - Amos/Morrissey Motion to receive and file and instruct City Clerk to read bids. Estimate: $89,000 Bidder Bid Amount TurfWerks Johnston, IA $44,529.00 Horst Distributing, Inc. Chilton, WI $58,900.00 Kansas Golf & Turf Lenexa, KS $58,518.00 Voice vote -Ayes: Seven. Motion carried. 157211 - Amos/Morrissey that "Resolution awarding bid to TurfWerks of Johnston, Iowa, in the amount of $79,498, and authorizing the Mayor to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Paul Huting, Leisure Services Director, provided an explanation for the difference in the bid amount and award of bid. December 16, 2019 Page 6 Resolution adopted and upon approval by Mayor assigned No. 2019-956. 157212 - Amos/Morrissey that proof of publication of notice of public hearing on Leisure Services 2020 Request for Facility Services, as published in the Waterloo Courier on December 6, 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 and there were none. 157213 - Amos/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157214 - Amos/Morrissey that "Resolution confirming approval of specifications, bid documents, form of contract etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-957. 157215 - Amos/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-958. 157216 - Amos/Morrissey Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Amount Cintas Weekly Bid: $297.38 City Laundry Weekly Bid: $549.10 Unifirst Weekly Bid: $397.72 Aramark Weekly Bid: $240.90 Voice vote -Ayes: Seven. Motion carried. 157217 - Amos/Morrissey that "Resolution awarding contract to Unifirst of Grundy Center, Iowa, and authorizing the Mayor to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned why the bid is not being awarded to the lowest bidder. Paul Huting, Leisure Services Director, explained that it is being awarded to the lowest responsive and responsible bidder. Resolution adopted and upon approval by Mayor assigned No. 2019-959. RESOLUTIONS 157218 - Schmitt/Morrissey that "Resolution approving a City of Waterloo Merit Pay and Performance Evaluation Policy", be adopted. Roll call vote -Ayes: Six. Nays: One (Morrissey). Motion carried. December 16, 2019 Page 7 David Dryer, 3145 W. 4th Street, commented that he read the proposal and commented that he believes the policy reads that it guarantees employees a raise. He questioned what amount of a raise each employee would receive. He questioned if the salary in Appendix A includes benefits. Lance Dunn, Human Resources Director, explained that the percentage of increase is not available at this time and that the process of determining that amount remains unchanged from previous years. John Sherbon, 1715 Robin Road, questioned if the wage package in Appendix A includes benefits. Lance Dunn explained that Appendix A does not include benefits. 157219 - Morrissey/Feuss To postpone until January 13, 2020. Roll call vote -Ayes: Three. Nays: Four (Jacobs, Kline, Schmitt, and Juon). Motion failed. Mayor Hart asked if there was an expectation from staff during the delay. Mr. Morrissey explained his concerns and that he'd also like new council to have an opportunity to vote on the issue. Mr. Schmitt commented that council has been asking to move to performance pay for over 12 years. He believes that it is not a perfect document but that it is a good starting point. He stated that this needs to move forward and be adopted and fine-tuned in the future. Mrs. Juon commented that this policy has been talked about for a long time and she does not share any of the stated concerns. She explained that she will support moving forward so that staff have time to implement. Mr. Amos commented that during the work session a two week delay was requested and he supports giving the additional time to address those concerns. Mrs. Kline commented that she supports the resolution as it is as and questions why any remaining concerns weren't brought up earlier and resolved prior to tonight's vote. Mr. Feuss explained that sometimes new information is learned that leads to legitimate questions even after seeking information privately and stated that he supports delaying the vote. Mr. Morrissey commented that the original work session was short and he did not get a chance to get all of his questions answered. Mrs. Kline commented that council business continues regardless of who is sitting on the council. Mayor Hart thanked the staff members for the hours of hard work and due diligence. Resolution adopted and upon approval by Mayor assigned No. 2019-960. 157220 - Kline/Amos that "Resolution awarding bid to Bill Colwell Ford of Hudson, Iowa, in the amount of $32,492, for the purchase of one (1) 2020 4WD, 3/4 ton crew cab pickup truck", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-961. 157221 - Kline/Amos that "Resolution approving Agreement with the Iowa Department of Transportation for Iowa's Transportation Alternatives Program Funding, in the amount of eighty percent of eligible project costs up to $459,000, with the City paying the balance in conjunction with the FY 2021 Cedar River Marina and Recreational Trail Enhancements, Contract No. 1011, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. December 16, 2019 Page 8 David Dryer, 3145 W. 4th Street, questioned if this is for the proposed new marina and stated that a marina is not worth building without dredging the river. Jamie Knutson, City Engineer, explained that a marina will be part of the TechWorks project and there will be trail along the levy with concrete boat slips designed for canoes and kayaks. Some dredging along the edge will be performed to provide additional depth for boating when the dam is up and the possibility for tie -offs for pontoons as well. Resolution adopted and upon approval by Mayor assigned No. 2019-962. 157222 - Kline/Amos that "Resolution approving Agreement with the Iowa Department of Transportation for Iowa's Transportation Alternatives Program Funding, in the amount of eighty percent of eligible project costs up to $474,000 with the City paying the balance, in conjunction with the FY 2021 E. Shaulis Road Trail Extension - Phase II, Contract No. 1012, 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. 2019-963. 157223 - Feuss/Morrissey that "Resolution approving the Economic Development Assistance Contract with Warren Transport Inc., of Waterloo, Iowa and the Iowa Economic Development Authority for High Quality Jobs Program -Tax Credit Component incentives, 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. 2019-964. 157224 - Feuss/Morrissey that "Resolution approving a Real Estate Purchase Agreement with Hawthorne Properties, in the amount of $95,250 plus up to $5,000 in closing costs, to acquire 725 Glenwood Street and 915 Linden Avenue, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, asked if there was a definite purpose for the purchase of these two properties. Noel Anderson explained that these two properties are directly abutting the public works building that will allow for further expansion of the facilities. Resolution adopted and upon approval by Mayor assigned No. 2019-965. 157225 - Feuss/Morrissey that "Resolution approving a Professional Services Agreement with Amy Wienands Real Estate for the sale of 219 Newell Street, in an amount not to exceed $4,695, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned a discrepancy in the amount stated in the resolution and the documentation attached. Noel Anderson explained the discrepancy. Resolution adopted and upon approval by Mayor assigned No. 2019-966. 157226 - Feuss/Morrissey that "Resolution concurring with the determination of the City Planner that the proposed change to an approved site plan within the "S-1" Shopping Center District for the installation of eight (8) Supercharging Stations by Tesla Motors, Inc., located at Hy -Vee Grocery Store, 1422 Flammang December 16, 2019 Page 9 Drive, is minor and shall be approved as a Minor Site Plan Amendment", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-967. ORDINANCES 157227 - Morrissey/Feuss that "an ordinance amending the City of Waterloo Code of Ordinances, by repealing the definition of "Gender" in Chapter 1, Official City Code, Section 1-1-2, Rules of Construction, Definitions, and Chapter 2, Municipal Charter and Seal, Section 1-2-2, Municipal Seal, and Chapter 3, General Penalty, Section 1-3-1 General Penalty, and Chapter 3, General Penalty, Section 1-3-2, Municipal Infractions, Subsection E, Administrative Fees, all of Title 1, Administration, in their entirety and enacting in lieu thereof a new definition of "Gender" in Chapter 1, Official City Code, Section 1-1-2, Rules of Construction, Definitions, and Chapter 2 Municipal Charter and Seal, Section 1-2-2 Municipal Seal, and Chapter 3 General Penalty Section 1-3-1 General Penalty, all of Title 1, Administration", be received, placed on file, considered and passed for the first time. Roll call vote - Ayes: Seven. Motion carried. Mrs. Kline questioned the reason for the amendment. Kelley Felchle, City Clerk clarified the amendment. 157228 - 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 (Feuss, Kline, and Schmitt). Motion failed. OTHER COUNCIL BUSINESS 157229 - Amos/Morrissey that Change Order No. 3, from Boomerang Corporation of Anamosa, Iowa, for a net increase of $10,000, in conjunction with the Waterloo Waste Water Treatment Plant Flow Equalization Facility Overflow Connection to Satellite Project, Contract No. 880, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 157230 - Amos/Morrissey that Change Order No. 8, from Lodge Construction of Clarksville, Iowa, for a net increase of $7,490, in conjunction with the Waterloo Waste Water Treatment Plant 2018 Remedial Actions Phase 1IIB, Contract No. 949, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 157231 - Morrissey/Juon that the Council adjourn at 6:45 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchl City Clerk