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HomeMy WebLinkAboutMinutes--4/27/2020April 27, 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 27, 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: Mayor Quentin Hart 157742 - JuonBoesen that the Agenda, as amended, by striking the word four and inserting three to item 6, for the Regular Session on Monday, April 27, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157743 - JuonBoesen that the Minutes, as proposed, for the Regular Session on Monday, April 20, 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. Mr. Grieder commented on the sharp increase of confirmed COVID-19 cases in our county over the past fourteen days and acknowledged that it is scary and is hard, but he asks everyone to please be bold and brave and do their best to stay at home and protect their families and continue to practice social distancing. 157744 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157745 - Juon/Morrissey 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 27, 2020, in the amount of $3,274,139.96, 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. 2020-276. 2. Resolution preliminarily approving plans, specifications, form of contract, etc., setting date of bid opening as May 14, 2020, and date of public hearing as May 18, 2020 for the FY 2020 Newell Street RISE Project, RM-8155(765)--9D-07, Contract No. 991, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-277. 3. Resolution approving award of bid to B&B Lawn Care, Inc., of Waterloo, Iowa, at $9.75 per lot, for Option A lots under one acre and $9.75 per acre for Option B lots one (1) acre or more, and approving the contract, bonds, and certificate of insurance, in conjunction with mowing of city owned lots generally acquired through Iowa Code 657A, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2020-278. April 27, 2020 Page 2 1. 4. Resolution approving request of Brian and Brenda Holman for a waiver for a concrete driveway, located at 711 Short Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2020-279. 5. Resolution approving request of Dami Dzanic for a waiver for a concrete driveway, located at 939 Roosevelt Street, with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2020-280. 6. Resolution approving request of Nathan Walter for a waiver for a concrete driveway, located at 122 Ogden 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. 2020-281. b. Motion to approve the following: Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed Officer Wertz Driving Instructor Newton, IA May 12, 2020 $200 Recertification Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Expiration Includes Renewal Date Sunda Placita, 322 W. 4th St. C Liquor Renewal 4/15/2021 x National Dairy Cattle Congress, C Liquor and Outdoor Renewal 2/28/2021 x 250 Ansborou Ave. Service Tokyo Japanese Steakhouse, C Liquor Renewal 2/13/2021 x 1931 Sears St. 3. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 157746 - Morrissey/Feuss that proof of publication of notice of public hearing on FY 2020 Asphalt Overlay Program, Contract No. 992, as published in the Waterloo Courier on April 17, 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. 157747 - Morrissey/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157748 - Morrissey/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc. and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. April 27, 2020 Page 3 Mr. Boesen commented that he is concerned that the city may not have .enough money in the local option sales tax fund in order to pay the contract. Michelle Weidner, Chief Financial Officer, commented that she is concerned as well since the state has not provided information on -the local option sales tax. Jamie Knutson, City Engineer, agreed with the CFO that information is not coming from the state. He explained that the Road Use Tax entitlements have fluctuated back and forth. Michelle Weidner commented that any fluctuations seen in the road use tax were likely the result of monies taken by the state in March and replaced in April, and not something that can be anticipated in future months. Mayor Hart questioned if it would be prudent to wait until May or June until more information comes from the state. Jamie Knutson commented that the city has 30 days to award the bids. They would have further conversation with Aspro and wait to award. Mr. Boesen commented that he is ok with reading the bids but asked council to move forward with caution. Mr. Morrissey commented that he has a hard time believing the pandemic is not going to effect the dollars downward. He questioned if the state has given any predictions on how the funding is going to be impacted. He questioned that if after 30 days, the city has poor financial information, does the council still have to award the bid? Jamie Knutson commented that the city could reassess the project and take action later or decide not to do the project. Mayor Hart questioned if the project could be scaled back. Jamie Knutson commented that the bid could be rejected and rebid as a smaller project. He explained that the bid could be awarded and work out a change order to reduce the size of the project. Resolution adopted and upon approval by Mayor assigned No. 2020-282. 157749 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Engineer's Estimate: $3,340,512.09 Bidder Bid Security Bid Amount Aspro, Inc., Waterloo, IA 5% $3,219A41.48 Voice vote -Ayes: Seven. Motion carried. 157750 - Feuss/Grieder that proof of publication of notice of public hearing on 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 Hangar 5, located west of 2814 Betsworth Drive, as published in the Waterloo Courier on April 17, 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. Justin Tucker, AirCare, provided an overview of the AirCare project. 157751 - Feuss/Grieder Apri127, 2020 Page 4 that the hearing be closed and oral comments and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157752 - Feuss/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, 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 Hangar 5, located west of 2814 Betsworth Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mrs. Klein questioned if other airports in Iowa have allowed a mobile home like this to be built at their facility. Justin Tucker confirmed. Mrs. Juon questioned if a fee is associated with the lease. Keith Kaspari, Airport Director, explained that they are transitioning to a ground lease. The city attorney is working with AirCare to develop a ground lease that is agreeable to both parties. Mrs. Juan questioned if the amount will be equal to what is currently being paid for the terminal. Keith Kaspari, Director of Aviation, explained that he is estimating a total of 8,060 square feet, which will cause a reduction of lease revenue. Mr. Boesen commented that he did not realize that AirCare was sleeping at the commercial building and hoped that met fire code. He questioned if a septic is allowed to be installed when sanitary sewer is available. Noel Anderson, Community, Planning and Development Director, commented that the code allows them to put in a septic system since they are over 300 feet away from a sewer main. The plumbing inspector is ok with the septic system as long as they agree to clean up the septic system after its use has concluded. Mr. Boesen questioned if the sleeping quarters meet fire code. Keith Kaspari confirmed that the sleeping quarters meet fire codes. Mr. Morrissey questioned where the business was located prior to being located at the airport. Justin Tucker explained that they were located at the MercyOne helipad. Mr. Morrissey questioned where the helicopter is stored. Justin Tucker commented that it is currently stored at Hanger 5 for bad weather or maintenance. Mr. Morrissey questioned if they would be building a new septic system or using the old system. Justin Tucker commented they would be building a new septic system. Mr. Morrissey questioned how the system would be removed. Justin Tucker commented he is unsure how that would work. Mr. Morrissey commented that the agreement would need to state that the land would be put back to its former state. Noel Anderson commented that this provision could be put in the lease agreement. April 27, 2020 Page 5 Mayor Hart questioned if they would do commercial transport or if there is a need for that service in the future. Justin Tucker explained that their business is focused solely on emergency medical transports. 157753 - 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. 157754 - Feuss/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, 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 Hangar 5, located west of 2814 Betsworth Drive", 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. 5555. 157755 - Amos/Grieder that proof of publication of notice of public hearing on the Sale and Conveyance of City owned property located at 1332 Walker Street, to Goldfinch S&M Properties LLC, and approving a Development Agreement for the redevelopment of a single family dwelling, as published in the Waterloo Courier on April 17, 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. Stanley Evans, S&M Properties, LLC, provided an overview of the project. He further explained that his goal is to rehabilitate these properties, and more like them, and sell them at a price point of $90,000-$100,000. 157756 - Amos/Grieder that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157757 - Amos/Grieder that "Resolution authorizing the sale and conveyance of City owned property located at 1332 Walker Street, to Goldfinch Properties, LLC, in the amount of $5,000, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned if the agreements for these properties are in CURA or CLURA guidelines. Noel Anderson confirmed these properties are in the CURA area and could file an application. Resolution adopted and upon approval by Mayor assigned No. 2020-283. 157758 - Amos/Grieder that "Resolution approving a Development Agreement with Goldfinch Properties, LLC, for the redevelopment of a single family home located at 1332 Walker Street, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-284. 157759 - Amos/Grieder April 27, 2020 Page 6 that proof of publication of notice of public hearing on the Sale and Conveyance of City owned property located at 1804 E. 4th Street, to Goldfinch S&M Properties LLC, and approving a Development Agreement for the redevelopment of a single family dwelling, as published in the Waterloo Courier on April 17, 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. 157760 - Amos/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157761 - Amos/Grieder that "Resolution authorizing the sale and conveyance of City owned property located at 1804 E. 4th Street, to Goldfinch S&M Properties, LLC, in the amount of $5,000, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-285. 157762 - Amos/Grieder that "Resolution approving a Development Agreement with Goldfinch Properties, LLC, for the redevelopment of a single family home located at 1804 E. 4th Street, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-286. RESOLUTIONS 157763 - Morrissey/Grieder that "Resolution approving a request by MMS Consultants, Inc., on behalf of the City of Waterloo, to approve the final plat of Northeast Industrial Park Plat No. 4, a four -lot industrial subdivision, located east of 1994 Newell Street, and rescinding Resolution 2019-424 in its entirety", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-287. 157764 - Morrissey/Grieder that "Resolution approving a Development Agreement with Net Worth Investments, LLC, of Cedar Falls, Iowa, for the construction of an 8-plex multi -family building, located north of 1150 Home Park Boulevard, including a Development Grant of $5,000 per unit, and authorizing the Mayor and City Clerk to execute said document', be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen questioned the reason to include wording in the development agreement regarding CURA/CLURA when the property does not meet the requirements. Noel Anderson explained the wording is standard in the agreement but agreed it can be confusing so staff will remove that wording in the future when properties are not eligible. Mr. Morrissey questioned why the property does not meet CURA requirements. Noel Anderson explained that boundaries and construction would determine eligibility and added that this project does meet the definition for in -fill development. Resolution adopted and upon approval by Mayor assigned No. 2020-288. 157765 - Morrissey/Grieder April 27, 2020 Page 7 that "Resolution approving an Amendment to a Development Agreement with Fusion Investments, LLC, originally executed April 15, 2019, for the development of infrastructure of Cedar Valley Crossing, a ten -lot commercial/light industrial subdivision, to amend timeframes for completion of infrastructure and aggregate taxable values, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-289. 157766 - Klein/Boesen that "Resolution approving Supplemental Agreement No. 12, to a Professional Services Agreement originally executed April 3, 2006, with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $187,350, in conjunction with the US Highway 63 Improvements from Jefferson Street to Donald Street, 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. 2020-290. 157767 - Klein/Boesen that "Resolution approving a 404 Clean Water Permit, in an amount not to exceed $120,000, in conjunction with the proposed Con-Trol Site, and authorizing the Mayor to execute said document', be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen requested an overview of the project. Jamie Knutson provided an overview. Mr. Boesen commented on the need to ensure monies are approved and available through bonding. Noel Anderson provided additional information regarding the cost of the project. Mr. Morrissey questioned why the city is doing this project. Jamie Knutson explained that during the review and permitting process for the Con-Trol project it came to the staff s attention that several years ago, the city had inadvertently caused damage to the wetlands. Mr. Morrissey questioned if the funds are recoverable. Jamie Knutson commented they are not and that the engineering firm that drew the plans has gone bankrupt and the city staff who reviewed the plans are no longer employed by the city. Resolution adopted and upon approval by Mayor assigned No. 2020-291. 157768 - Klein/Boesen that "Resolution approving a contract with Clean Harbors Environmental Services, Inc., in the amount of $7,584.16, for the removal of environmental concerns from 120 Center Street, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-292. ADJOURNMENT 157769 - Morrissey/Juon that the Council adjourn at 6:36 p.m. Voice vote -Ayes: Seven. Motion carried. April 27, 2020 Page 8 144� elley Fel le City Clerk