HomeMy WebLinkAboutMinutes--4/13/2020April 13, 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, April 13, 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: Tim Jamison, Waterloo -Cedar Falls Courier
157693- Morrissey/Feuss
that the Agenda, as proposed, for the Regular Session on Monday, April 13, 2020, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
157694 - Morrissey/Feuss
that the Minutes, as proposed, for the Regular Session on Monday, April 6, 2020, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
No oral presentations were received.
157695- Juon/Grieder
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
157696 - Morrissey/Boesen
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
Resolution approving Finance Committee Invoice Summary Report, dated April 13, 2020, in
the amount of $2,927,950.65 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. 2020-241.
2. Resolution approving Lease Agreement with Silver Eagle Harley Davidson for two (2)
Harley Davidson police motorcycles for a twelve (12) month period at a cost of $166.67 per
.motorcycle, per month, for a total amount of $4000, and authorizing the Mayor and City
Clerk to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2020-242.
Resolution approving award of bid to Brock Even Construction, LLC, of Jesup, Iowa, in the
amount of $373,166.21, and approving contract, bonds and certificate of insurance, in
conjunction with the FY 2020 Sidewalk Repair Program - Zone 10, Contract No. 1009, and
authorizing the Mayor and City Clerk to execute said documents.
Resolution adopted and upon approval by Mayor assigned No. 2020-243.
4. Resolution approving submission of a grant application to the U.S. Department of Justice for
the 2020 Coronavirus Emergency Supplemental Funding Program for local communities
affected by the COVID-19 virus.
Resolution adopted and upon approval by Mayor assigned No. 2020-244.
April 13, 2020
2.
Page 2
Resolution setting a date of public hearing as April 27, 2020, to approve a Development
Agreement with Goldfinch S&M Properties LLC, for the redevelopment of a residential
property located at 1804 E. 4th Street, and instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-245.
6. Resolution setting a date of public hearing as April 27, 2020, to approve a Development
Agreement with Goldfinch S&M Properties LLC, for the redevelopment of a residential
property located at 1332 Walker Street, and instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-246.
Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as April 30, 2020 and public hearing as May 4, 2020, in conjunction with the 5
Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and
instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-247.
8. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as April 30, 2020 and public hearing as May 4, 2020, in conjunction with the 5
Sullivan Brothers Convention Center Skywalk Improvements Project, and instruct the City
Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-248.
Resolution setting date of public hearing as April 27, 2020, to approve a request by Justin
Tucker, on behalf of AirCare, for a Site Plan Amendment to the "M-2, P" Planned Industrial
District, to install a trailer for emergency crews adjacent to hanger 5, located west of 2814
Betsworth Drive, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-249.
10. Resolution naming and dedicating a one (1) mile portion of newly constructed roadway,
West Shaulis Road, located east of Ansborough Avenue and west of Kimball Avenue, and a
half (1/2) mile portion of newly constructed roadway, East Shaulis Road, located east of
Kimball Avenue and west of Hawkeye Road (Iowa Highway 21), and to dedicate additional
right-of-way for Ansborough Avenue, located north of West Shaulis Road and south of US
Highway 20, and to dedicate additional right-of-way for West Shaulis Road, located west of
Ansborough Avenue, in the City of Waterloo, Black Hawk County, Iowa, and rescinding
Resolution No. 2013-205.
Resolution adopted and upon approval by Mayor assigned No. 2020-250.
b. Motion to approve the following:
a.
a.
L7
Travel Requests
Name &Title of
Amount
Personnel
Class/Meeting
Destination
Date(s)
not to
Exceed
Lt. Duncan and WPD
PATCtech Digital
Waterloo, IA
Apri120-24, 2020
$349
Investigations
Forensic Webinar
Division
Approved Beer, Liquor, and Wine Applications
Name & Address of Business Class
New or
Expiration
Includes
Renewal
Date
Sunda
Jim's Food, 437 Sullivan B Wine, C Beer, E Liquor
Renewal
4/1.4/2021
x
Avenue
J's R&B Lounge C Liquor
Renewal
4/6/2021
x
April 13, 2020
Page 3
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date New or
Re -Appointment
Sylvia Jackson
Planning, Programming and
April 13, 2023 New
Zoning Commission
.
4. Bonds.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
157697 - Morrissey/Feuss
that proof of publication of notice of public hearing on 2020 Waste Water Treatment Plant and Lift
Stations Mowing Contract, as published in the Waterloo Courier on March 30, 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.
157698 - Morrissey/Feuss
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
157699 - Morrissey/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. 2020-251.
157700 - Morrissey/Feuss
Motion to receive and file and instruct City Clerk to read bids.
Bid Estimate $41.211.00
Bidder
Bid Security
Bid Amount
Option A: $875/$3,199
B&B Lawn Care Inc.
$1,500
Option B: $219/$825
Waterloo, IA
CK #032626
Option C: $420/$887
Option D: $973
Total Bid Amount: $31,150
Option A: $1,100/$2,300
Wilson Custom Tree
Option B: $725/$100
Cresco, IA
5%
Option C: $375/$1,000
Option D: $904
Total Bid Amount: $38,766
Voice vote -Ayes: Seven. Motion carried.
157701 - Momssey/Grieder
that "Resolution awarding bid to B & B Lawn Care, Inc. of Waterloo, Iowa in the amount of $31,150,
and approving the contract, bond and certificate of insurance, in conjunction with the 2020 Wastewater
Treatment Plant and Lift Stations Mowing Contract, and authorizing the Mayor to execute said
documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-252.
April 13, 2020
Page 4
157702 - Feuss/Amos
that proof of publication of notice of public hearing on FY 2020 CIP Pipelining Phase IVA Project,
Contract No. 1014, as published in the Waterloo Courier on March 30, 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.
157703 - Feuss/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
157704 - Feuss/Amos
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. 2020-253.
157705 - Feuss/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to the Collections System
Project Director for review.
BASE BID ESTIMATE = $501,738.24
ALTERNATE 1 TOTAL ESTIMATE = $270,429.50
ALTERNATE 2 TOTAL ESTIMATE = $106,316.00
BASE BID + ALTERNATES TOTAL ESTIMATE = $878,483.74
Bidder
Bid Security
Bid Amount
Granite Inliner
Base Bid $954,886
Hugo, MN
5%
Alt. 1 $329,765
Alt.2 $177,920
Municipal Pipe Tool Co LLC
Base Bid $387,887.50
Hudson, IA
o
5 /o
Alt. 1 $302,635
Alt.2 $82,594
Voice vote -Ayes: Seven. Motion carried.
RESOLUTIONS
157706 - Klein/Grieder
that "Resolution approving Supplemental Agreement No. 1 to the Professional Services
Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed October
16, 2017, in an amount not to exceed $99,000, in conjunction with the Waste Water Treatment
Plant Clarifier No. 3 Maintenance and Repairs Project, 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. 2020-254
157707 - Klein/Grieder
that "Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy, to
approve the purchase of a 2020 Police Interceptor Utility AWD Base vehicle, in the amount of
$33,577, from Stivers Ford of Waukee, Iowa", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Randy Bennett, Public Works Director, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2020-255.
April 13 2020
Page 5
157708 - Klein/Grieder
that "Resolution approving construction plans for storm sewer and paving serving the Audubon Hills
Second Addition, as submitted by Townsend Engineering, of Davenport, Iowa", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Jamie Knutson, City Engineer, provided an overview of the item and explained that the developer is
paying for the project.
Resolution adopted and upon approval by Mayor assigned No. 2020-256.
157709 - Amos/Grieder
that "Resolution approving an amendment to the Purchase Agreement dated February 18, 2020 with
Parking -Inc., of Des Moines, Iowa, in the amount of $40,453, for the installation of the parking control
premise server, in conjunction with the Waterloo Parking Access and Control System Project, and
authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Nays: One
(Klein). Motion carried.
Mr. Boesen commented that he asked if additional costs would apply to the project back on February
17, 2020 and was assured then that there would be no additional costs.
Noel Anderson, Community Planning and Development Director, explained that city had the option
of choosing between a cloud -based system, which would include a monthly charge to operate the
system, or server -based system. After meeting internally and with Republic, the decision was made
that the server -based system would be the best choice for the city.
Mr. Boesen questioned why the server options were not included in the original discussion with
council.
Noel Anderson commented that at the time they felt the cloud -based system would work better but
believe that the server option is actually going to work better.
Mr. Morrissey questioned if additional costs will be required down the road.
Noel Anderson commented that they believe there will be no further charges.
Mrs. Klein questioned if the cloud option would have incurred a monthly fee.
Noel Anderson confirmed.
Mrs. Klein questioned if there will be any type of monthly fee associated with the server -based system.
Noel Anderson commented that he does not believe so.
Mayor Hart questioned if there were attachments included for council's review prior to the meeting.
Kelley Felchle, City Clerk, confirmed that the proposal is attached on tonight's agenda, as well as the
agenda of February 17, 2020.
Mayor Hart commented that the concerns of Mr. Boesen and Mr. Morrissey are more about, if the
choice of system had been made clear, council would have had the expectation to return for
consideration of additional costs.
Mr. Grieder questioned what would happen if the council does not approve this option
Mayor Hart explained that it would likely mean going back to a monthly cloud -based system.
Resolution adopted and upon approval by Mayor assigned No. 2020-257.
157710 Amos/Grieder
April 13, 2020
Page 6
that "Resolution approving a request by AutoZone, Inc., to approve the preliminary plat of Kimball
Addition, a 2-lot commercial subdivision located south of 3115 Kimball Avenue", be adopted. Roll
call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-258.
157711 - Amos/Grieder
that "Resolution approving a request by CGA Engineers, on behalf of Midwest Development, to
approve the preliminary plat of Lincolnshire Addition located northwest of 3520 Ansborough
Avenue", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-259.
157712 - Morrissey/Grieder
that "Resolution approving a Short Form Agreement to the Professional Services Agreement with HR
Green Company of Cedar Rapids, Iowa, originally approved on October 7, 2019, in an amount not to
exceed $500, in conjunction with finalizing Environmental Investigation documentation at the former
Wonder Bread Bakery site, 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. 2020-260.
157713 - Morrissey/Grieder
that "Resolution approving a Funding Release Agreement with Black Hawk Contracting and
Development Co., for the release of funds prior to sidewalk construction, and authorizing the Mayor
and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Nays: One (Klein).
Motion carried.
Mr. Boesen questioned why the funds are being released prior to the job being completed.
Noel Anderson, Community Planning and Development Director, explained that they have requested
funding now to allow them to move forward.
Mr. Boesen questioned the city's recourse if the sidewalks are not in by the deadline in May.
Noel Anderson explained it would require legal action.
Mrs. Klein commented that she does not agree with an upfront payment.
Resolution adopted and upon approval by Mayor assigned No. 2020-261.
157714 - Morrissey/Grieder
that "Resolution approving an Amendment to the Development and Minimum Assessment Agreement
with Village Creek Rentals, LLC, of Waterloo, Iowa, originally executed November 20, 2017, to
extend the time -frame for construction of two new homes, and reverting property back to the City of
Waterloo, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll
call vote -Ayes: Seven. Motion carried.
Mr. Boesen commented that he is seeing development agreements coming to council that should have
been null and void since the deadlines are not being met by developers. He questioned if they received
$5,000 up front.
Noel Anderson commented that the developers actually had to pay the city $5,000 for the lot.
Mr. Boesen clarified that the $5,000 would be returned to the developer once the project is completed.
Noel Anderson confirmed and explained that the extension request is because this developer has been
trying to obtain the State Housing Tax Incentive Program, which does not appear to be happening this
year.
April 13, 2020
Page 7
Mr. Boesen clarified that the city would get the lots back and questioned if the delay was due to state
funding.
Noel Anderson confirmed.
Mr. Morrissey questioned if there are other developers wanting the property that would revert back to
the city.
Noel Anderson confirmed that one developer is interested and another is possibly interested as well.
Mr. Morrissey questioned if interest has had to be foregone while the city was waiting on determining
whether the city would get the lots back.
Noel Anderson confirmed.
Resolution adopted and upon approval by Mayor assigned No. 2020-262.
ORDINANCES
157715 - Amos/Grieder
that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain
property located north of 5225 Dysart Road", be received, placed on file, considered and passed for
the second time. Roll call vote -Ayes: One. Nays: Six (Boesen, Morrissey, Klein, Feuss, Grieder, and
Juon). Motion failed. Ordinance assigned No. 5553
Mayor Hart read an email from Maureen Cross concerning the effect the business will have on the
water running through Sink Creek.
Mr. Morrissey commented that since last week he has had three phone calls expressing opposition to
this item. He has also received seven letters of opposition to the development.
Mrs. Juon commented that she has received a lot of correspondence opposing this this development.
She questioned if opposition was heard during the Planning and Zoning Commission meeting.
Noel Anderson commented that opposition was not received at the commission meeting.
Mrs. Juon questioned if all neighbors were made aware of the planning and zoning change request.
Noel Anderson commented that state code requires they send correspondence to everyone within 250
feet of the property.
Mrs. Juon questioned if that would include the Timothy Ridge neighborhood.
Noel Anderson read a list of those that received correspondence.
Mrs. Juon clarified that the people council are hearing from were not notified of the action.
Noel Anderson confirmed.
Mrs. Klein commented that she received a lot of correspondence and many of them stated that they
have not heard about the project until now.
Mayor Hart clarified that the city is following state law on proceeding with the project.
Mr. Grieder commented that his constituents are opposed to the project. He explained that he
understands the city is following state law on the project and commented that city could consider
moving the time of the Planning and Zoning Commission meeting.
Mr. Boesen commented that none of the contact he has received from residents is in favor of the
proj ect.
April 13, 2020
Page 8
Mr. Amos commented that two individuals contacted him about the project. He questioned if it has
been determined that the project would negatively affect the neighborhood.
Noel Anderson commented that the project fits with the future land use map and there are no homes
immediately abutting the property. It is a matter of opinion whether the project will negatively affect
the neighborhood.
Mr. Morrissey commented that people learned about the project in the paper. He stated that there is a
future residential development planned around the theme park and is concerned that congestion will
occur overtime. He stated that he would vote against the project.
Mrs. Juon questioned if flooding issues have been addressed.
Jamie Knutson, City Engineer, explained that the site has been reviewed for storm water retention and
the development meets city code.
Mr. Amos questioned how close the next house outside of the 250-foot range is.
Noel Anderson commented that state code calls for 200 feet, not the 250 feet as previously stated and
explained that by law, the city must match the code and does not have the option of extending the
distance of notification.
Joe Russow, Farnsworth Group, explained traffic and safety issues that had been addressed in the
planning of the project, along with store design.
Mrs. Juon questioned if the only change to the store is the wood paneling.
Joe Russow explained
ADJOURNMENT
157716 - Morrissey/Grieder
that the Council adjourn at 6:32 p.m. Voice vote -Ayes: Seven. Motion carried.
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