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HomeMy WebLinkAboutMinutes-05/26/2020May 26, 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 Tuesday, May 26, 2020. Mayor Pro-Tem Juon in the Chair. Roll Call: Boesen, Amos, Morrissey, Feuss, Grieder and Juon joined the meeting by telephone. Mrs. Klein was present. Prayer or Moment of Silence. Pledge of Allegiance: Major Joe Leibold 157847 - Morrissey/Amos that the Agenda, 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. 157848 - Morrissey/Amos that the Minutes, as proposed, for the Regular Session on Monday, May 18, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS No oral presentations were received from the public. Mrs. Juon commented that she has been working with a committee on the Fair Chance Initiative training. A webinar will occur on Wednesday, June 17 at 8:30 a.m. via Zoom. People will be able to register for the conference to receive an access code and ask questions during the conference. The webinar will be recorded and posted on the city website and Youtube. Mr. Grieder thanked all the working people keeping food on shelves and saving lives. He thanked Tyson workers for going back to work despite the difficulties they have faced. 157849 - Morrissey/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157850 - Morrissey/Grieder 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 26, 2020, in the amount of $4,958,115.67, 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 Pro-Tem assigned No. 2020-362. 2. Resolution setting date of public hearing as June 8, 2020 to amend the 2019-2023 Community Development Five -Year Consolidated Plan and revise the Citizen Participation Plan for the City of Waterloo, Iowa, to enable the city to receive and administer Community Development Block Grant funding from the U.S Department of Housing and Urban Development made available through the Coronavirus Aid, Relief, and Economic Security Act, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor Pro-Tem assigned No. 2020-363. 3. Resolution setting date of public hearing as June 8, 2020 to approve the request by Esad Osmic to rezone approximately 0.945 acres from "C-2" Commercial District to "C-P" Planned Commercial District with conditions to allow for a truck repair and truck terminal business located at 122 Black Hawk Road, and instruct City Clerk to publish notice. May 26, 2020 Page 2 Resolution adopted and upon approval by Mayor Pro-Tem assigned No. 2020-364. 4. Resolution approving preliminary plans, specifications and form of contract, etc., setting a date of bid opening as June 11, 2020, and date of public hearing as June 15, 2020, in conjunction with the Waterloo Regional Airport Fiscal Year 2020 Projects, FAA AIP 3-19- 0094-0046 and 0047-2020, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor Pro-Tem assigned No. 2020-365. 5. Resolution approving Completion of Project and Acceptance of Work for work performed by Municipal Pipe Tool Co., LLC, of Hudson, Iowa, in the amount of $353,940.40 and approving release of retainer in the amount of $17,697.02, in conjunction with the FY 2019 CIP Pipelining Phase IIIC, Contract No. 962, and receive and file two-year maintenance bond. Resolution adopted and upon approval by Mayor Pro-Tem. assigned No. 2020-366. 6. Resolution approving specifications, bid documents, etc., setting date of bid opening as June 11, 2020 and date of public hearing as June 15, 2020, in conjunction with the purchase and installation of FY21 Police Vehicle Equipment, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor Pro-Tem assigned No. 2020-367. 7. Resolution approving specifications, bid documents, etc., setting date of bid opening as June 18, 2020 and date of public hearing as June 22, 2020, in conjunction with the Police Department FY21 Ammunition Bids, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor Pro-Tem assigned No. 2020-368. 8. Resolution approving request by the Police Department to seek proposals for the FY2021 Police uniform needs. Resolution adopted and upon approval by Mayor Pro-Tem assigned No. 2020-369. 9. Resolution approving Acceptance of Improvements for work performed by Deer Creek Development, LLC, for Drainage Swale Storm Sewer serving Greenbelt Centre Plat No. 5 and amp; Plat No. 8, and receive and file a four-year maintenance bond. Resolution adopted and upon approval by Mayor Pro-Tem assigned No. 2020-370. b. Motion to approve the following: 1. a. 2. Travel Requests Name & Title Amount of Personnel Class/Meeting Destination Date(s) not to Exceed Greg Ahlhelm, CEU Authority - If not in Waterloo June 9, 2020 $275 Building Official Mechanical update class - Online Class Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Expiration Includes Renewal Date Sunda Casey's General Store #2427, B Wine, C Beer, and E Renewal 6/14/2021 x 3035 Logan Ave. Liquor Hickory House, 315 Park Rd. C Liquor Renewal 5/23/2021 Legs, 212 E. 4th St., Suite B wine and C Beer Renewal 6/25/2021 108 May 26, 2020 Page 3 d. e. f. Michoacana Meat Market, 1215 Franklin St. C Beer Renewal 4/26/2021 x Waterloo Softball B Beer and Outdoor Renewal 4/16/2021 x Association, 1139 Josephine Service St. WCA Building and Special Class C Liquor Renewal 6/21/2021 x Amphitheater, 225 and Outdoor Service Commercial St. 3. Motion approving a Fireworks Display Application by Waterloo Bucks Ball Club, for a firework display on May 30, June 1, 13, 20, July 4, 11, 25, and August 1, 2020, starting at 10:00 p.m. at Riverfront Stadium, 850 Park Road. 4. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 157851 - Amos/Grieder that proof of publication of notice of public hearing on the request by the City of Waterloo to vacate, sell and convey a portion of Oregon Street right-of-way, subject to the retention of a sewer easement over a portion of the vacate area, located between Washington Street (Highway 218) and Williston Avenue, west of 1628 Washington Street (Lowell Elementary) to the Waterloo Community School District, in the amount of $1.00, as published in the Waterloo Courier on May 15, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor Pro -Tern called for written and oral comments and there were none. 157852 - Amos/Grieder 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. 157853 - Amos/Grieder that "an ordinance approving a request by the City of Waterloo to vacate a portion of Oregon Street right-of-way, subject to the retention of a sewer easement over a portion of the vacate area, located west of 1628 Washington Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 157854 - Amos/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. Noel Anderson, Community Planning and Development Director, provided an overview of the project. 157855 - Amos/Grieder that "an ordinance approving a request by the City of Waterloo to vacate a portion of Oregon Street right-of-way, subject to the retention of a sewer easement over a portion of the vacate area, located west of 1628 Washington Street", 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 Pro-Tem assigned No. 5556. 157856 - Amos/Grieder May 26, 2020 Page 4 that "Resolution approving sale and conveyance of a portion of Oregon Street right-of-way, in the amount of $1.00, to the Waterloo Community School District, 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. 2020-371. 157857 - Feuss/Grieder that proof of publication of notice of public hearing on FYE 2020 Budget Amendment, as published in the Waterloo Courier on May 14, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor Pro-Tem called for written and oral comments and there were none. 157858 - Feuss/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157859 - Feuss/Grieder that "Resolution approving Budget Amendment for the fiscal year ending June 30, 2020", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-372. RESOLUTIONS 157860 - Klein/Grieder that "Resolution approving an agreement with Signix for electronic signature software, at a rate of $120 per user and $3 per transaction, 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 Pro -Tern assigned No. 2020-373. 157861 - Klein/Grieder that "Resolution authorizing redemption of outstanding General Obligation Bonds, Series 2012C, of the City of Waterloo, Iowa, dated July 25, 2012 and directing the Notice of Redemption for the above named issue", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -Tern assigned No. 2020-374. 157862 - Klein/Grieder that "Resolution approving a request by the City of Waterloo to dedicate a Sewer Easement over a portion of Lot 7, Anthony Baker's Plat of Outlots, located east of 1628 Washington Street (Lowell Elementary School)", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -Tern assigned No. 2020-375. 157863 - Amos/ Grieder 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 $4,197, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey requested clarification of the item. Noel Anderson explained that the $4,197 listed in the resolution is the 3 percent professional service fee that would be owed to Amy Wienands Real Estate if the property were sold at a price of $139,900. May 26, 2020 Page 5 Mrs. Klein questioned if both of the homes are for sale. Noel Anderson explained this sale is just for the first building and the second building is still under construction. Resolution adopted and upon approval by Mayor Pro-Tem assigned No. 2020-376. 157864 - Amos/ Grieder that "Resolution approving a Federal -Aid 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 $1,936,178, with the City paying the balance, in conjunction with Highway 63 Enhancements from Washington Street to Parker Street, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned if the funding will include completion of a recreational trail from Conger to Park. Jamie Knutson, City Engineer, confirmed that the recreation trail will be completed as part of this project. Resolution adopted and upon approval by Mayor Pro-Tem assigned No. 2020-377. 157865 - Amos/Grieder that "Resolution approving Detention Basin Maintenance Agreement and Easement Agreement with Deer Creek Development, LLC, for Greenbelt Centre Plat No. 8, 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 Pro-Tem assigned No. 2020-378. ORDINANCES 157866 - Klein/Boesen that "an ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by enacting a new section 5-2-14, Pedestrian Safety, Use of Medians", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Four. Nays: Three (Morrissey, Feuss, and Grieder). Motion carried. John Childs, 1474 Audubon Drive, shared an experience he had at the intersection of San Maman and Flammang Drive. He stated that he was getting groceries and witnessed someone cross over the median between Flammang from Alexandra Drive, and on one occasion there was a pedestrian in the median at that time. He stated that, as a member of the Board of Adjustments, he would like to see a sidewalk added to the east side of the street to allow people to get to businesses like Chick-fil-A. Mr. Boesen commented that he believes the medians are very narrow and too dangerous for someone to be standing on. He stated that he supports the ordinance as written today. Mr. Grieder commented that he does not support the ordinance. He commented that he does not believe the ordinance is about safety but is actually about panhandling. He explained that zero of the vehicle fatalities that have occurred since 2009 have occurred in this area. He further explained that there is an issue in the area but it could be better solved by sidewalks. He stated that he also has issue with the constitutionality of the ordinance as similar ordinances have been struck down in other states. He explained that the ordinance simply moves the poor out of site so that they are not seen in this location. Mrs. Klein commented that people who contacted her about the ordinance did not comment on the caliber of people standing at the intersection but rather on safety. Mr. Morrissey commented that the city has a solicitation of funds ordinance that outlines specifically how people may solicit funds. He explained that the proposed ordinance is not needed because the solicitation of funds ordinance is not enforced. May 26, 2020 Page 6 Mrs. Juon questioned if the new ordinance is needed from a safety standpoint. Major Joe Leibold confirmed there is a need for a new ordinance and commented that the old ordinance had been reviewed a few times prior to Mr. Petersen joining the city, and the police department was always told the ordinance was unconstitutional and should not be enforced. Marty Petersen, City Attorney, explained that since 2015 many ordinances similar to the solicitation ordinance have been routinely struck down and that is why many cities, including Des Moines, are going to a safety oriented median ordinance. Mrs. Juon questioned if the current ordinance should be voided. Marty Petersen confirmed. Mr. Feuss clarified that the ordinance would not prevent individuals from being along the sides of the streets. Mrs. Juon concurred that is her understanding. Mr. Feuss questioned what would prevent people from finding a new location to solicit funds and if the city will end up having a laundry list of locations where soliciting funds is prohibited. Marty Petersen read from a portion of the proposed ordinance addressing the question. Mr. Grieder commented that the second part of the ordinance does list several intersections where the median is six feet and does prevent people from moving there, and believes the city will need to continue to add locations in an effort to stop the behavior. He further commented he continues to have concerns whether this ordinance, if passed, will even hold up. Mrs. Juon questioned if some intersections listed in the ordinance are more than six feet. Marty Petersen commented that in part C, the six streets referenced, he knows that some of the medians are less than six feet, but cannot confirm if all of them are less than six feet. Mr. Grieder commented that the map that was provided to council on April 20"', lists all medians at six feet. Mr. Amos questioned if the ordinance passes, will the ordinance prohibit people from panhandling in that area. Mrs. Juon shared her personal experience with pedestrians on the medians and finds it very distracting and dangerous. Captain Matt McGeough commented that a few of the locations listed may be six feet at one point, but narrow down to two feet and there has been an uptick recently in these area. He explained that he has been working on a safety component to this issue for several years. Mr. Morrissey listed several locations where the ordinance does not prohibit individuals from standing in the median. He further commented that the current ordinance could be amended to include parts of this proposed ordinance. Mrs. Juon questioned why the existing ordinance was not being amended. Marty Petersen reiterated his earlier comment that other cities with similar ordinances have been struck down. Mr. Morrissey commented that both the current ordinance and proposed ordinance is doing the same thing just using different words. 157867 - Klein/Amos May 26, 2020 Page 7 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. ADJOURNMENT 157868 - Amos/Boesen that the Council adjourn at 6:24 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Kelley Felchle City Clerk