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HomeMy WebLinkAbout06.01.20.council minutesJune 1, 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, June 1, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder and Juon joined the meeting by telephone. Mrs. Klein was present. Prayer or Moment of Silence. Pledge of Allegiance: Kelley Felchle, City Clerk 157869 - Juon/Klein that the Agenda, as proposed, for the Regular Session on Monday, June 1, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157870 - Juon/Klein that the Minutes, as proposed, for the Regular Session on Tuesday, May 26, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart announced that following the council meeting, the swearing in ceremony for the new police chief would take place and the press will have an opportunity to ask questions. ORAL PRESENTATIONS John Sherbon, 1715 Robin Road, commented that he feels bad about everything going on and hopes that everyone stays safe and that he is really proud of the citizens of waterloo. He encouraged the city to use a travel agency to book employee travel and to have cars fueled and dropped off prior to employees travel. Mr. Morrissey questioned if the swearing in will be on zoom as well. Mayor Hart confirmed. Mrs. Juon stated that she was incredibly proud of Waterloo. The city had discourse, discussion and protest in a meaningful, respectful manner and was an example to the nation. Mr. Grieder commented that the phrase "I can't breathe" has come to represent the treatment of black lives throughout the nation. He explained that the black students he teaches are as much his children as his own. He explained that he would be working with the Mayor, council, human rights department, and police department to introduce a series of reforms to this end. He encouraged the adoption of the racial equity toolkit along with the passing of a racial profiling ordinance that truly and firmly establish equality. Mr. Morrissey echoed the need to adopt the racial equity and social justice toolkit as a policy of the city of Waterloo. He asked that a racial profiling ordinance be put in place, similar to what Des Moines adopted. Mr. Amos commented that his spirit is with the community and thanked his fellow council members for their sentiment. Mayor Hart encouraged the council to work with the new police chief who has been to multiple places around the United States and has worked in communities like ours, and stated that it is important to get the input from the chief before creating anything. He also thanked the council members for speaking up and stepping up to help make sure the City of Waterloo will be not only one of the most diverse communities, but also one of the most inclusive. Mrs. Juon commented that the council should work with the police chief and the citizen's advisory committee. Mayor Hart agreed that many good things have been on the back burner but now is the time to push forward and be of one accord. Mrs. Klein commented that the past few days have been heartbreaking and that this must never happen again. June 1, 2020 Page 2 157871 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157872 - Juon/Boesen 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 June 1, 2020, in the amount of $758,857.61 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. 2020-379. 2. Resolution approving request to certify assessment to property for work performed by the Waterloo Water Works at two (2) locations, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Resolution adopted and upon approval by Mayor assigned No. 2020-380. 3. Resolution approving request of Tony Huff for a waiver for a concrete driveway, located at 631 Ansborough Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2020-381. 4. Resolution approving Completion of Project and Acceptance of Work for work performed by Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $596,137.65, and release of retainage in the amount of $26,540.07, in conjunction with the FY 2017 CIP Pipelining Phase IIIB, Contract No. 949, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2020-382. 5. Motion approving Final Quantity Summary for a net decrease of $105,616.76 in conjunction with the FY 2019 Street Reconstruction Program, Contract No. 965, and authorizing the Mayor and City Clerk to execute said document. 6. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of $3,538,522.12, in conjunction with the FY 2019 Street Reconstruction Program, Contract No. 965, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2020-383. 7. Resolution approving award of bid to WRH Inc., of Amana, Iowa, in the amount of $867,500, in conjunction with the Wastewater Treatment Plant Digester No. 3 Cover Modifications Project, Contract No. 1021. Resolution adopted and upon approval by Mayor assigned No. 2020-384. 8. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Automatic Systems Co., of Ames, Iowa, in the amount of $696,010, and approving release of retainer in the amount of $34,800.50, in conjunction with FY 2016 Water Pollution Control Facilities Upgrade to Instrumentation and Control Systems, Contract No. 929, and receive and file two-year Maintenance Bond. Resolution adopted and upon approval by Mayor assigned No. 2020-385. June 1, 2020 Page 3 9. Resolution re -setting date of public hearing as July 13, 2020 to approve an amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and re- setting date of consultation with taxing entities as June 17, 2020, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-386. 10. Resolution re -setting date of public hearing as July 13, 2020 to approve an amendment to the Martin Road Development Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and re -setting date of consultation with taxing entities as June 17, 2020, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-387. 11. Resolution re -setting date of public hearing as July 13, 2020 to approve an amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and re- setting date of consultation with taxing entities as June 17, 2020, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-388. 12. Resolution re -setting date of public hearing as July 13, 2020 to approve an amendment to the Rath Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and re -setting date of consultation with taxing entities as June 17, 2020, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-389. 13. Resolution re -setting setting date of public hearing as July 13, 2020 to approve an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and re -setting date of consultation with taxing entities as June 17, 2020, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-390. 14. Resolution setting date of public hearing as July 13, 2020 to approve Amendment No. 3 to the Crossroads Waterloo Urban Renewal and Redevelopment Plan to remove properties from the TIF area, update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as June 17, 2020, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-391. 15. Resolution setting date of public hearing as July 13, 2020 to approve Amendment No. 6 to the San Martian Urban Renewal and Redevelopment Plan to expand the boundaries, update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as June 17, 2020, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-392. 16. Resolution setting a date of public hearing as June 15, 2020, to approve the sale and conveyance of city owned property to 6 Comm Properties, LLC, for the development of property at the northeast corner of Commercial Street and 6th Street, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-393. b. Motion to approve the following: June 1, 2020 Page 4 1. Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed Greg Ahlhelm, CEU Authority - Online June 9, 2020 $275 Building Official Mechanical Update class Scott Buchan and American Signal Early Milwaukee, June 8-10, 2020 $890 Kelby Haynes, Warning Siren Training WI Electricians Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Expiration Includes Renewal Date Sunda WCA Building and Amphitheater, Special Class C New 6/22/2021 x 225 Commercial St. Liquor and Outdoor Service Ari'z, 504 Sycamore St. *6 Month* B Wine and C New 11/15/2020 x Liquor Kwik Stop 3, 1104 Washington St. B Wine, C Beer, Renewal 7/14/2020 x and E Liquor 3. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 157873 - Morrissey/Feuss that proof of publication of notice of public hearing on Adoption of the Updated Multi -Jurisdictional Hazard Mitigation Plan for Black Hawk County, Iowa, as published in the Waterloo Courier on May 22, 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. 157874 - Morrissey/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157875 - Morrissey/Feuss that "Resolution adopting the Updated Multi -Jurisdictional Hazard Mitigation Plan for Black Hawk County, Iowa.", be adopted. Mayor Hart questioned if Mr. Boesen's corrections are getting into the plan. Noel Anderson, Community Planning and Development Director, commented that INRCOG staff are working to make the corrections. Mayor Hart questioned if the current plan is to be approved or the plan with updates. Noel Anderson commented that it is fine to approve the plan in this form as the corrections are just minor numbers. Mayor Hart questioned the contact information that the current plan has for businesses that are no longer in existence. June 1, 2020 Page 5 Noel Anderson commented that the staff at INRCOG has obtained the correct contact information and that will also be included in the update. Mr. Boesen commented that he is extremely disappointed with a plan that is full of errors and will not be voting in favor of the plan tonight. Noel Anderson commented that the item can be tabled for another week or so until the updated version is available. Mayor Hart commented that it would be advisable to table the item. 157876 - Morrissey/Klein To postpone the item until the June 22, 2020 council meeting. Ayes: Seven. Motion carried. RESOLUTIONS 157877 - Klein/Amos that "Resolution approving Supplemental Agreement No. 1 to the Professional Services Agreement with MMS Consultants, Inc. of Iowa City, Iowa, originally executed December 3, 2018, in the amount of $2,500, in conjunction with the platting of Northeast Industrial Park No. 4, 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. 2020-394. 157878 - Klein/Amos that "Resolution approving an Amendment to the Professional Services Agreement with InVision Architecture of Waterloo, Iowa, originally executed September 9, 2019, in the amount of $82,800, in conjunction with the Waterloo Center for the Arts Parking Redevelopment Project, Phase III, 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. 2020-395. 157879 - Boesen/Feuss that "Resolution approving a Construction Agreement with Waterloo Water Works Board of Trustees, in conjunction with the FY 2020 Leversee Road Sanitary Sewer and Water Main Improvements Project, Contract No. 987, and authorizing 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. 2020-396. 157880 - Boesen/Feuss that "Resolution approving Supplemental Agreement No. 1, to the Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, originally executed April 6, 2020, in an amount not to exceed $89,214.75, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy. 218, Contract No. 1020, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned the total amount of the contract and how it is being paid for. Jamie Knutson, City Engineer, commented that they will be up to a not to exceed $544,971.75 for design and it will be paid for with bond funds. Mrs. Klein questioned the status of the West Ridgeway project and if this project will detract from it. Noel Anderson commented that the West Ridgeway project was initiated by the Traffic Department with studies and options for traffic flow at intersections. June 1, 2020 Page 6 Mrs. Klein explained that she has received calls from people commenting on the very bad condition of West Ridgeway and is concerned that this project will delay its progress. Mayor Hart asked the City Engineer to reach out to Mrs. Klein with an update on the project. Mrs. Juon asked that the City Engineer also provide an update on the West Ridgeway project. Resolution adopted and upon approval by Mayor assigned No. 2020-397. ORDINANCES 157881 - Feuss/Amos that "an ordinance amending the Code of Ordinances of the City of Waterloo, by repealing Title 1, Administration, Chapter 8, Municipal Finances, Section 1, Deeds and Contracts, Subsection B, Execution of Contracts, in its entirety and enacting in lieu thereof a new Title 1, Administration, Chapter 8, Municipal Finances, Section 2, Deeds and Contracts, Subsection B, Execution of Contracts, and enacting a new Title 1, Administration, Chapter 8, Municipal Finances, Section 6, Electronic Records and Signatures", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 157882 - Feuss/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 157883 - Feuss/Grieder that "an ordinance amending the Code of Ordinances of the City of Waterloo, by repealing Title 1, Administration, Chapter 8, Municipal Finances, Section 1, Deeds and Contracts, Subsection B, Execution of Contracts, in its entirety and enacting in lieu thereof a new Title 1, Administration, Chapter 8, Municipal Finances, Section 2, Deeds and Contracts, Subsection B, Execution of Contracts, and enacting a new Title 1, Administration, Chapter 8, Municipal Finances, Section 6, Electronic Records and Signatures", 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. 5557. 157884 - Amos/Boesen that "an ordinance enacting a new Section 5-2-14, Pedestrian Safety, Use of Medians", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Five. Nays Morrissey and Grieder Motion carried. Mr. Grieder commented that he opposes the ordinance and explained several reasons why. He stated that he received 96 communications from his constituents, read some that spoke against the ordinance, and commented that none of them spoke in favor of the ordinance. Mrs. Juon commented that her constituents except for one is in favor of the ordinance. She added that she is offended by Mr. Grieder's inference that people who support the ordinance do not care for poor people. She added that allowing people to stand on a median to collect money in a dangerous situation does nothing to help people who are suffering in poverty. If council wants to make a difference in the lives of those suffering, than meeting with the organizations that provide assistance would be a more appropriate direction to go. Mr. Boesen commented that he would vote in favor of the ordinance and believes it is a safety issue and that he does not want to wait for someone to get hurt to pass and ordinance. He added that if an ordinance is unconstitutional and unenforceable then it should be removed. June 1, 2020 Page 7 Mr. Feuss commented that he also has been contacted by constituents who are in favor of the ordinance and though he is personally not in favor of it, his constituents are and he therefore will be voting in support. Mr. Amos commented that he has not had a single person contact him about the issue. He commented that he supports the ordinance and believes it is for safety. Mr. Morrissey commented that he is frustrated that this ordinance does not repeal 3-4D-1 Article B addressing solicitation that has been, as stated by the Police Major, is unconstitutional and unenforceable. He stated that the ordinance is not about safety and expressed concerns that this ordinance is unconstitutional. Mrs. Klein commented that she brought the ordinance to council due to complaints from citizens that were experiencing near misses. She stated that she grew up poor so she understands poverty and food shortages. She explained that she is not asking to remove panhandlers from our city; she is asking to move them from the busiest points of the medians, which will be safer for everyone involved. Mayor Hart commented that he does not at all believe that this has anything to do with someone wanting to eliminate the poorest in our community. He explained that we are dealing with the most vulnerable in the community that are sitting in a very narrow median, and agrees that this is a systemic problem as mentioned by Mr. Morrissey. He noted that he reached out to the VA to figure out what they might be able to do to help change someone's life. He is not hearing about solutions, because whether they are in the median or not, it is not a sustainable source of income. He explained that we need to work with those that have programs and processes. Mr. Amos asked to hear from the City Attorney regarding the constitutionality of the ordinance. Martin Petersen, City Attorney, explained that he has spoken with Mr. Morrissey who asked him to address the 2015 Court of Appeals case from the First Circuit in Maine. That ordinance was struck down because it was too broad and not as closely related to public safety as the court wanted. He went on to explain that because this ordinance has stricter requirements with regard to the places this applies to and the width of medians, that he is comfortable with the draft ordinance as it is written. 157885 - Amos/Juon that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Three. Nays: Four (Boesen, Morrissey, Feuss, and Grieder). Motion failed. 157886 - Amos/Grieder that "an ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Craig Loffredo, explained that he and his wife purchased Vet's Truck Wash in October of 2018 and that his cost of doing business has gone up almost $17,000 in the last few years. He questioned who is representing the small businesses being impacted by the changes. Mayor Hart explained that the sewer rate discussions have been ongoing for a couple of years and that our sewer and water rates are very competitive to other communities. Michelle Weidner, Chief Financial Officer, commented that the EPA has told the city that they need to make improvements and has entered into contracts to be in compliance, and the rate increase is necessary in order for the city to pay its bills. Even after this rate increase passes, the City of Waterloo will be the seventh lowest for sewer rates of the 43 most populous communities in the state of Iowa and third lowest of the largest eleven cities. Mr. Grieder commented that he spoke to Mr. Loffredo today and that this situation highlights the need to not defer the cost of maintaining facilities or infrastructure. 157887 - Amos/Grieder June 1, 2020 Page 8 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 157888 - Amos/Grieder that "an ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates", 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. 5558. ADJOURNMENT 157889 - Klein/Feuss that the Council adjourn at 6:52 p.m. Voice vote -Ayes: Seven. Motion carried. Kelleff �elchle Kelley Felchle City Clerk