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HomeMy WebLinkAbout05.04.20.council minutesMay 4, 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, May 4, 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: Kelley Felchle, City Clerk 157770 - Juon/Klein that the Agenda, as proposed, for the Regular Session on Monday, May 4, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157771 - Juon/Klein that the Minutes, as proposed, for the Regular Session on Monday, April 27, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS No comments were received from the public. Mrs. Klein shared that Jim Chapman, a long time council meeting attendee, passed away. Mrs. Juon wished Paul Huting a happy birthday and Jonathan Grieder a happy birthday tomorrow, and recognized the fire fighters for all that they do for our community. Mr. Morrissey commented that May is National Bike Month and commented that the bike festivities will occur in September. He stated that it is unfortunate that uninformed, unscientific, comments are being made during the pandemic. He encouraged everyone to listen to public health officials and doctors for guidance. Mr. Boesen questioned if it would be possible to schedule a work session with Randy Bennett, Michelle Weidner and Jamie Knutson, for in an informational meeting on Road Use Tax and how that money is spent to gain a better understanding of what the future holds. He also requested a work session with Jamie Knutson on outstanding projects and Local Option Sales Tax funding streams. Mr. Morrissey commented that he would like a work session on those topics as well. 157772 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157773 - Juon/Morrissey 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 May 4, 2020, in the amount of $817,548.28, 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. 2020-293. 2. Resolution approving request to certify assessment to 322 W. 13th Street in the amount of $7,564.06, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. May 4, 2020 Page 2 1. Resolution adopted and upon approval by Mayor assigned No. 2020-294. 3. Resolution setting date of public hearing as May 18, 2020 to approve the sale and conveyance of city owned property located south of 1318 Martin Road, in the amount of $1.00, to 3 Stooges, LLC, including a Development Agreement, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-295. 4. Resolution approving award of bid to Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for the Base Bid, Alternative No. 1 and Alternative No. 2 in the amount of $773,116.50, and approving the contract, bonds, and certificate of insurance for the FY 2020 CIP Pipelining Phase IVA Project, Contract No. 1014, and authorizing Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-296. 5. Resolution setting date of public hearing as May 18, 2020 on the proposed issuance of the following bonds and instruct the City Clerk to publish said notice. (Details on projects covered by each hearing are on file for review.) (a) GCP-2 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) Resolution adopted and upon approval by Mayor assigned No. 2020-297. (b) GCP-3 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) Resolution adopted and upon approval by Mayor assigned No. 2020-298. (c) GCP-4 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) Resolution adopted and upon approval by Mayor assigned No. 2020-299. (d) ECP-UR-5 - Not to exceed $6,600,000 General Obligation Urban Renewal Bonds (Essential Corporate Purpose) Resolution adopted and upon approval by Mayor assigned No. 2020-300. b. Motion to approve the following: a. 10 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Expiration Includes Renewal Date Sunday Ray's Supermarket, 1975 B Wine, C Beer, and E Renewal 3/2/2021 x Franklin St. Liquor Hometown Foods, 1010 E. B Wine, C Beer, and E Renewal 4/30/2021 x Mitchell Ave. Liquor 2. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Tajah Wright Human Rights Commission May 8, 2023 Re -Appointment William Kugler General Contractors Board May 8, 2023 Re -Appointment Ross Samek General Contractors Board May 8, 2023 Re -Appointment May 4, 2020 Page 3 Deb Waterman General Contractors Board May 8, 2023 Re -Appointment Dennis Wilson General Contractors Board May 8, 2023 Re -Appointment Michelle Weber Design Review Board May 7, 2023 Re -Appointment 3. Motion to approve Change Orders Nos. 10-12, to Woodruff Construction, LLC of Waterloo, Iowa, for a total decrease of $4,795, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. EMERVIM411, Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 157774 - Morrissey/Grieder that proof of publication of notice of public hearing on Five Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, as published in the Waterloo Courier on April 20, 2020, 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. 157775 - Morrissey/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157776 - Morrissey/Grieder that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-301. 157777 - Morrissey/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to Building Department for review. Bidder Bid Security Bid Amount Failor Hurley Construction o 5 /o $980,000 Waterloo, IA Cardinal Construction 5% $954,000 Waterloo, IA Don Gardner Construction 5% $1,044,400 Waterloo, IA Peters Construction Corp 5% $939,810 Waterloo, IA Henkel Construction Company 5% $970,900 Mason City, IA Woodruff Construction 5% $999,000 Waterloo, IA Michelle Weidner, Chief Financial Officer, commented that the estimate for the project was $837,650. Voice vote -Ayes: Seven. Motion carried. 157778 - Amos/Grieder May 4, 2020 Page 4 that proof of publication of notice of public hearing on Five Sullivan Brothers Convention Center Skywalk Improvements Project, as published in the Waterloo Courier on April 20, 2020, 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. 157779 - Amos/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157780 - Amos/Grieder that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-302. 157781 - Amos/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to Building Department for review. Bidder Bid Security Bid Amount Cardinal Construction o 5 /o $214 000 Waterloo, IA Woodruff Construction o 5 /o $199,890 Waterloo, IA Henkel Construction 5% $249,800 Mason City, IA Noel Anderson, Community Planning and Development Director, commented that the estimate for the project was $200,000. Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 157782 - Klein/Grieder that "Resolution issuing a moratorium on collecting fees from businesses ordered to close by the Governor of the State of Iowa due to the Covid-19 pandemic", be adopted. Roll call vote -Ayes: Five. Nays: Two (Boesen and Morrissey). Motion carried. Mr. Morrissey requested clarification on the item and then changed his vote. Mrs. Klein provided an overview of the resolution and explained the moratorium would apply to just FOG fees and fire inspection fees. Mr. Boesen commented that he has not heard from businesses other than the one that contacted Mrs. Klein and said that in two weeks the Governor intends to reopen businesses and this will end up being a moot point. Resolution adopted and upon approval by Mayor assigned No. 2020-303. 157783 - Morrissey/Grieder that "Resolution urging the Governor of the State of Iowa to pro -rate license fees on all 12-month liquor licenses", be adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. Mrs. Juon questioned how much of the liquor license fee comes to the city. May 4, 2020 Page 5 Kelley Felchle, City Clerk, explained that only a portion of the fee would be returned to the city and it is based on the duration of the license. Mrs. Klein questioned why the city would choose this method of communication with the Governor rather than encouraging citizens to contact their state representative. Mr. Morrissey clarified the wording of his resolution. Resolution adopted and upon approval by Mayor assigned No. 2020-304. 157784 - Amos/Grieder that "Resolution approving an Iowa Contaminated Site Environmental Covenant with Chamberlain Manufacturing Corporation and the United States Environmental Protection Agency, for property located at 550 Esther Street, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Amos questioned the purpose of the covenant. Martin Petersen, City Attorney, explained that the covenant is standard with regard to environmental clean-ups and is a requirement of the Environmental Protection Agency. The covenant binds us and any future user as to how the land can be used. Mr. Boesen questioned what the plan is for the site. Martin Petersen explained that the city has engaged in early discussions of an environmental use such as a pollinator scenario with a natural habitat and possibly incorporating trails. Resolution adopted and upon approval by Mayor assigned No. 2020-305. 157785 - Amos/Grieder that "Resolution rejecting the bid of WRH, Inc., of Amana, Iowa, in the amount of $6,292,360, in conjunction with FY 2020 Sanitary Sewer Gatewell Repairs, Contract No. 951 ", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-306. 157786 - Amos/Grieder that "Resolution approving City/State Funding Agreement with the Iowa Department of Transportation for RISE Funding, in the amount of $3,196,984, in conjunction with the FY 2021 LaPorte Road/Hess Road Improvements - Phase I, Contract No. 1016, with City matching funds of $3,196,984, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen questioned if a funding is identified for the funding match. Noel Anderson explained that staff has been working with Michelle Weidner to determine the best way to move forward, which may include expanding and combining the San Marnan and Crossroads TIFs as well as future bonding. Mr. Boesen questioned when the Crossroads TIF expires and if soon will council be asked for an extension. Noel Anderson commented that the Crossroads TIF was recently reset and should have approximately 20 years left and explained the various factors that may reset portions of the land. Mr. Boesen questioned the timing of certain portions. Noel Anderson explained there are different areas in each one and he will provide a map for reference. Mayor Hart requested an overview of the RISE funding received. May 4, 2020 Page 6 Noel Anderson provided an overview of the projects. Resolution adopted and upon approval by Mayor assigned No. 2020-307. 157787 - Feuss/Morrissey that "Resolution approving a Professional Services Agreement with MMS Consultants, Inc., of Iowa City, Iowa, in an amount not to exceed $105,000, in conjunction with the FY 2020 Newell Street Rise Project, Contract 991, 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. 2020-308. 157788 - Feuss/Morrissey that "Resolution approving the Professional Services Agreement with AECOM, of Waterloo, Iowa, in an amount not to exceed $59,900, in conjunction with water main improvements near the Waterloo Regional Airport, 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. 2020-309. 157789 - Feuss/Morrissey that "Resolution approving a Farm Lease Agreement with Luke Weston, to farm approximately 67.83 acres of land for the 2020 growing season, generally located near the northeast corner of Independence Avenue and Northeast Drive, in the amount of $215 per acre, for a total yearly payment of $14,583.45, and authorizing the Mayor and City Clerk to execute said agreement", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-310. 157790 - Morrissey/Grieder that "Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 1I- 1-13 Variances, relating to the approval of the Preliminary Plat of Paradise Estates Addition, subject to the condition that any final plat or final plats for any portion of the approved Preliminary Plat of Paradise Estates Addition submitted for approval on or prior to May 14, 2022 shall be subject to any new zoning restrictions or subdivision regulations adopted by the City of Waterloo prior to submittal of any such Final Plat for any portion of said area", be adopted. Roll call vote -Ayes: Four. Nays: Three (Boesen, Grieder, and Juon). Motion carried. Rick Morris, Attorney for Mr. Anderson, provided an overview of the request. He explained there would be a lot of potential housing of various sizes and expense on the 128-acres and Mr. Anderson is seeking assistance in the development of the property. Mr. Grieder questioned what legwork is required to make sure that the project is moving forward in 2022. Noel Anderson commented that Mr. Anderson has done other development within the community and has the ability to do the project. It is the largest subdivision the city has seen and platted at one time, staff is supportive of the project, and this is just another step that will allow flexibility in the process. Rick Morris commented that his client has had some health issues that have affected the timeline and noted the efforts that have been made to date. Bob Manning, Board of Realtors, explained the history behind the project. He stated that Mr. Anderson was looking for partners on the project but has not yet been able to do so and added that he thinks it is taking way too long to get the development started. Mayor Hart questioned the stage of the process. May 4, 2020 Page 7 Noel Anderson provided an overview and explained the next step if council approves the variance request. Mr. Boesen commented that he did not recall that in 2018 the city was going to put a road in. He stated that he is in favor of denying the request then having the developer put the project together and bring it back to the council in a more completed form. Rick Morris commented that a lot of time, money, and energy have been put into the project to date. He commented that turning down the request would be sending an anti -business and anti -development message to the community. Mayor Hart commented that the council and public have not had an update on the project in a long time. He questioned what kind of communication the council and residents can expect in the future from Mr. Anderson on this project. Rick Morris commented that a commitment would be needed from other residential housing developers to assist Mr. Anderson with such a large project, so it would really depend on who is in charge of the development and stated that he is not familiar with developers giving press releases or conferences on what is happening with their projects. Mayor Hart commented that council has been supportive of the project and in the past developers in the community have come to council and provided an update to keep council in the loop. Mrs. Klein commented that the land is privately owned and that she does not support voting down an extension on property owned by the developer. Mr. Amos commented that it does not make sense to turn down this request for additional time. Mr. Manning commented on how Orange School acquired the property. Noel Anderson explained that Mr. Anderson sold the property to Orange School for its development and was flexible in working with the school to develop a layout that would allow for the future development of housing. Mr. Morrissey questioned if the delay could be reduced to six months and stated that he does not like seeing contracts made and then the council repeatedly having to come back and grant extensions. Mayor Hart commented that he does not vote but he is in a conundrum about how to balance housing, taxable value and potential decreases in fees this year. Rick Morris commented that they have requested two years as the pandemic has created an environment that is difficult to meet face-to-face and get the time needed to work things out. He stated that he and his client would prefer to not come back every six months asking for an extension as the project continues to move forward. Mrs. Juon commented that she is disappointed to know that Mr. Anderson did not have a partner identified at the outset of the project. She questioned if a covenant could be considered for the land. Rick Morris commented that he does have experience with this kind of work and a covenant is part of a deed of dedication, which comes during a final plat. He commented that it is disconcerting to hear that council does not want to give additional time to get this project off the ground. Mayor Hart cautioned council on sharing personal opinions of what the developer does or does not want to do or his motives. Mr. Feuss questioned what the city is being asked to do as part of the project, including streets, lift stations, sewer, etc. Noel Anderson explained that the city might need to install a lift station or extend a sewer main to the southern portion of the lots. Mr. Boesen commented that nobody on the council is against development but he does not see what the extension is going to accomplish and would prefer to see Mr. Anderson go back and get everything May 4, 2020 Page 8 in order then re -present it to the planning and zoning commission so that the city isn't stuck with a two-year end date. Noel Anderson confirmed that if council denies the request the developer would need to return to the planning and zoning commission for both the preliminary and final plat approvals before coming back to council. Mrs. Klein commented that the council has worked with many other developers with lengthy delays and does not understand the upset over this delay with the man who owns the property. Mr. Grieder commented that the council is elected to ask questions and that asking questions of why a delay is occurring is warranted, particularly if the city is being asked to go into partnership with them. Mayor Hart requested clarification on whether the city is building streets for the project. Noel Anderson commented that the city is not being asked to build streets and that streets are the responsibility of the developer. Resolution adopted and upon approval by Mayor assigned No. 2020-311. 157791 - Morrissey/Grieder that "Resolution approving an Early Access Agreement with 4FI Waterloo, LLC to begin certain activities in preparation for development of the site east of 1994 Newell Street, 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. 2020-312. 157792 - Feuss/Grieder that "Resolution approving a Supplemental Agreement for a Professional Services with Terracon Consultants, Inc. of Cedar Falls, Iowa, originally executed April 12, 2019, in an amount not to exceed $20,189.00, in conjunction with the Bio-solids Modification Project for Geotechnical (material testing) services, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-313. 157793 - Feuss/Grieder that "Resolution accepting Grant No. 3-19-0094-048-2020 from the USDOT and FAA, in the amount of $300,000, via the CARES Act and Public Law 116-136, for reimbursements to the Waterloo Regional Airport for lost revenue associated with the COVID-19 pandemic, and authorize the Mayor and City Attorney to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-314. ADJOURNMENT 157794 - Feuss/Grieder that the Council adjourn at 7:08 p.m. Voice vote -Ayes: Seven. Motion carried. Ke//eff �elchle Kelley Felchle City Clerk