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HomeMy WebLinkAbout06.29.20.council minutesJune 29, 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 29, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone. Mrs. Klein was present. Prayer or Moment of Silence. Pledge of Allegiance: Joel Fitzgerald, Police Chief 157976 - Morrissey/Feuss that the Agenda, as proposed, for the Regular Session on Monday, June 29, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157977 - Morrissey/Feuss that the Minutes, as proposed, for the Regular Session on Monday, June 22, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Jamodd Sallis, requested an amendment to the Juneteeth event to include blocking of additional Streets. Timina Micou, 3002 Niles Street, Good Shepherd Neighborhood, commented that they have no sidewalks and people speed down the street. Their neighborhood has asked that speed bumps be placed on Niles, Keystone and Lakeside Streets. Mosin Ansar, 306 Byron Avenue, Guddi Mart, commented that he has fired his employee who sold tobacco to a minor He asked if the $300 fine could be dismissed. Kelley Felchle, City Clerk, encouraged Mr. Ansar to get in contact with the legal department to discuss the matter. Randy Bennett, Public Works Division Manager and Jamie Knutson, City Engineer, commented on the record amount of rainfall in June, the effects it has had in the Home Park, Upland/Muncy and the Reber areas of Waterloo and what steps the city has made to help alleviate the issues. Randy Bennett also commented on the masterplan and the work being done by AECOM to develop modeling of the system to make the proper changes to help in the future. Mayor Hart clarified that a corrective action plan will be on the agenda for the first meeting in July. Doug Schindel, AECOM, commented that a preliminary design report will be on the next agenda along with additional modeling from service area 19 going into 18 and along Highway 63. Mayor Hart clarified that service areas 18 and 19 are Home Park, Reber, Upland and Muncy. Doug Schindel confirmed. Janice Judisch, 716 Home Park Blvd., explained the damage done to her home from the sewage backing up inter her basement and questioned if she will receive a financial break for clean-up efforts. She further questioned what the city council is going to do about sewage backing up in her home. Lyndi Coburn, 2127 W. 3rd Street, commented that her family had severe sewer water backup in their basement, which is not covered by their insurance. She added that her husband was in an automobile accident and is unable to help with clean-up. She stated that a contractor estimated that it would cost $20,000 to repair their basement. She asked that the residents receive compensation for the damage done to their homes. Joe Greemore, 2109 W. 3rd Street, questioned how long it would take to correct the backup issues in his neighborhood. June 29, 2020 Page 2 Jeika Pinero, 724 Reber Avenue, commented that she has experienced two back-ups in her home. She had just finished cleaning up from the first back up and the next day it backed up again. She has insurance to cover her loss but because she has filed two claims, she now runs the risk of being dropped by her insurance company. She believes the city has been negligent and irresponsible and asks that the city reimburse its citizens for their losses. David Stoner, 2122 W. 3rd Street, commented that his son could have died due to the rising sewer water in the basement where he slept. Ellen Myers, 1142 Grant Avenue, commented that she has a family member who lives in this neighborhood and has 25 years of experience working as a municipal wastewater employee and the Department of Natural Resources. She speculated that it was a shortsighted move on the city's part to remove a connection as it caused severe backups. Peggy Pontious, 829 Home Park Blvd., explained the history of flooding in her basement. Sarah Damm, 826 Home Park Blvd., described the sewer damage to her home and said she is trying to figure out how to find the money to fix the damage to her home after having just spent $1,200 to clean after the first back up. She also said the sidewalk outside her home is covered in sludge and asked how residents are to protect themselves when it happens again. Lori Gross and Ken Maynard, 730 Home Park Blvd., described the improvements they have made to their home and the damage that has occurred due to the heavy rain events. They commented that they have filed an insurance claim with the city but have concerns if any of this will affect the resale value of their home. Lori De Vries, 902 Home Park Blvd., commented that she has lived in the Byrnes Park neighborhood for 28 years and have had five backups during those years. She asked if an impact study was done before the city made changes to the sewer lines and if so, she wants to read it. Amy Faley, 727 Home Park Blvd., commented that she had 6 inches of sewer water in their basement and described the damage to their home. Jerry Muhlstein, previously lived at 912 Home Park Blvd. for 16 years and in 2008 she had 4-5 feet of back up in her basement and lost everything. At that time, the city assured them that once the work at Byrnes Park and Columbia Circle was complete, this would never happen again. Brooke Hlubek, 726 Home Park Blvd., commented that she and her husband recently purchased their home and detailed the affects the sewer back up has had on them. Chris Lines and Shane Vineyard, 822 Home Park Blvd., commented that they were two weeks away from completing projects so they could put their home up for sale and then had sewage back up. They are now concerned if they'll even be able to sell their house, as the buyer of a neighbor's house has now backed out of the purchase due to the sewer issues in the neighborhood. They stated that their realtor suggested they wait a year before trying to sell the house. Kevin Jass, 812 Kingsley Ave., commented that he purchased a home on Kingsley Avenue in 2009 and that in 2010 there was so much water that Home Park Blvd. looked like a river and his sewer back up plug blew out. Since then he has added two sump pumps and spent thousands of dollars in improvements, but he found 20 inches of sewer water in his basement after the rainfall last week. He is a musician and lost all of his gear and appliances. This is the second time since 2010 that he has had this problem. Rikki Shaver, 727 Home Park Blvd., read a press release from the U. S. Department of Justice regarding the requirements and responsibilities of the city as part of the Consent Decree. She then commented that removing the lines might be mandatory, but so is preventing unlawful sewage backups into the resident's basements. She requested that a resident committee be involved as part of the modeling efforts. Forest Dillavou, 1725 Huntington Road, commented that he sympathized with the residents who commented at the meeting tonight. June 29, 2020 Page 3 John Sherbon, 1715 Robin Road, commented on the history of flooding in areas of Waterloo and speculated that development around the flood plain near Highway 63 is causing problems. Shayla Love, 4786 Winghaven Drive, commented that she had a $25,000 loss to her basement. She asked what the resolution would be to her situation. Jared Koweil, 816 Kingsley Avenue, commented that he only had 6 inches of water in his basement and suffered far less loss than those who have spoken. He said it is good to see people show up to support one another and that something needs to be done about the issue. 157978 - Morrissey/Klein For a 10 minute recess at 7:05 p.m. Voice vote -Ayes: Seven. Motion carried. 157979 - Morrissey/Grieder To reconvene at 7:17 p.m. Voice vote -Ayes: Seven. Motion carried. Mr. Grieder requested a special session with council to review the sewage issues and options to help the citizens who have requested the city's assistance. Mrs. Klein agrees with the need to have discussions but does not want the discussions to delay the progress on the current modeling. She asked when the shovels would actually go into the ground and the target date for project completion, as the modeling has been going on quite a while. Mayor Hart commented that it is not possible at this moment to give any dates. Mrs. Klein explained that she was told that once the modeling was close to being finished, we would be able to have a projected start and finish date. Mayor Hart asked when shovels would be in the ground and when a projected date would be available. Randy Bennett commented that additional modeling will need to occur to incorporate the Muncy and Home Park Blvd. neighborhood areas as well as the sourcing of funds for the increased project. Doug Schindel commented that the additional modeling will help to provide a long term solution and that a preliminary design report will come before council at the next meeting. The short-term solution was to reconnect the lateral line and the longer term will include the upgrade and upsize of the Highway 63 interceptor sewer all the way from Highway 20 up to and including Home Park. He explained that this would be a multimillion -dollar project for a longer -term solution. Mayor Hart clarified that there will be direction and answers at the first meeting in July. Mr. Morrissey commented that the people who talked today are just a small portion of the people who experience issues throughout the community with water and sewer backups. He questioned what planning goes into making certain that water is taken care of when a development expands. He questioned how many watersheds the city has, how many projects are completed and planned in the watersheds, and are there plans for both foreseen and unforeseen problems in those watersheds. Jamie Knutson commented that there are roughly a dozen named creeks in Waterloo along with sub watersheds within those. He added that the storm water projects that Mr. Morrissey is asking about would not address the sewage issues in the Reber, Home Park, Upland or Muncy neighborhoods. Mr. Boesen commented that the city needs to develop a long-term solution for these issues that people in the community are experiencing. He stated that the city needs to prioritize projects that are having an impact on citizens. He recommended earmarking a portion of the Local Option Sales Tax funds to fixing sewer and storm water plans. Mr. Amos questioned if a quick fix is feasible. Mr. Bennett listed several steps the city has taken from preventing back up events like this from happening in the future. June 29, 2020 Page 4 Mayor Hart clarified that the sewer disconnect has been opened back up, staff will be monitoring these areas during rain events, pumps will be available in areas of need, community involvement is welcomed, and AECOM will have their plan before council at the first meeting in July. Mr. Morrissey questioned if the city is sure of what caused the problem and if the city is overdeveloping parts of town. Randy Bennett commented on the apparent cause and the city is in contact with the Department of Natural Resources throughout the process. Jamie Knutson commented that the city adopted an ordinance 10 years ago requiring new developments to detain more of their storm water runoff prior to slowly letting it out into the city creeks, drainage ways, etc. He also commented that there would always be the chance than an event could happen that will be bigger than what the city has designed for that will overwhelm the structures and ponds that are built. Humphry Hills, 2233 W. 3rd St., questioned if grant funding is available to help with his losses. 157980 - Morrissey/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157981 - 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 June 29, 2020, in the amount of $6,684,750.79 and $1,599,989 for July 1, 2020 to pay for FY2021 insurance premiums, 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. 2020-482. 2. Resolution approving Variance to Noise Ordinance request from the Screaming Eagle American Bar & Grill, 228 East 4th Street, to close the 600 block of Lafayette Street every Thursday between July 9, 2020 and October 1, 2020 from 5:00 p.m. to 10:00 p.m., with use of city barricades, and adhering to Covid guidelines. Resolution adopted and upon approval by Mayor assigned No. 2020-483. 3. Resolution approving Variance to Noise Ordinance request from Passion Anthony, on behalf of Juneteenth in July, for the annual celebration to be held in Lincoln Park on July 3, 2020, from 5:00 p.m. to 9:00 p.m., including use of a P.A. system and street closure of Park Avenue between Franklin and Mulberry. Resolution adopted and upon approval by Mayor assigned No. 2020 4. Resolution awarding bid to Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, in the amount of $19,877, in conjunction with asbestos abatement at the Police Department storage facility. Resolution adopted and upon approval by Mayor assigned No. 2020-484. 5. Resolution approving request of Anne Marie Kofta for a waiver for a concrete driveway, located at 147 Norfolk Road, with the elimination of the sidewalk section for continuity within the neighborhood. June 29, 2020 Page 5 1. Resolution adopted and upon approval by Mayor assigned No. 2020-485. 6. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 16, 2020, and date of public hearing as July 20, 2020, in conjunction with the FY 2021 Lowell Elementary Sanitary Sewer Reconstruction Project, Contract No. 1026, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-486. 7. Resolution setting date of public hearing as July 13, 2020, to authorize the sale and conveyance of City property generally described as vacated Bluff Street abutting 326 West 17th Street, to Personified, Inc., in the amount of $1.00, including a Development Agreement requiring improvements to the area vacated, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-487. 8. Resolution setting date of public hearing as July 13, 2020, to approve the sale and conveyance of City owned property located northeast of 940 West 7th Street, in the amount of $500, to Clark A. Holdiman, including a Development Agreement, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-488. 9. Resolution setting date of public hearing as July 13, 2020, to approve the sale and conveyance of City owned property located at the northeast corner of Commercial Street and 6th Street, in the amount of $1.00, to 6 Comm Properties, LLC, including an Amendment to a Development and Minimum Assessment Agreement, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-489. 10. Resolution setting date of public hearing as July 13, 2020, to authorize the sale and conveyance of property generally described as 1809 Black Hawk Street, to 5Bees, LLC, in the amount of $1.00, including a Development Agreement with grant funds of $120,000, Minimum Assessment Agreement for multiple phases totaling $800,000, for the development of a 3,000 sq. ft. phase I, 2,000 sq. ft. phase II, 3,000 sq. ft. phase III, and 6,500 sq. ft. phase IV, and a lease agreement, for property located at the intersection of West 18th Street and Black Hawk Street, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-490. 11. Resolution setting date of public hearing as July 13, 2020, to approve the request of Personified, Inc., to vacate approximately 12,880 square feet of Bluff Street right of way, located adjacent to 326 West 17th Street, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-491. b. Motion to approve the following: a. b. c. d. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Dad's Pub, 1106 La Porte Rd. *Ownership Update* C Liquor and Outdoor Service Renewal 6/30/2021 x Kwik Star #723, 707 Broadway St. C Beer Renewal 7/21/2021 x Kwik Star #722, 1214 Franklin St. C Beer Renewal 7/21/2021 x Kwik Star #715, 1636 W. 4th St. C Beer Renewal 7/29/2021 x June 29, 2020 Page 6 e. f. Target Store T-1792, 1501 E. San Marnan Dr. B Wine, C Beer, and E Liquor Renewal 6/27/2021 x The American Legion, 728 Commercial St. C Liquor and Outdoor Service New 6/14/2021 x 2. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Pat Becker MET Transit Authority June 30, 2023 Re -Appointment Lon Kammeyer MET Transit Authority June 30, 2023 New Janna Diehl MET Transit Authority June 30, 2023 Re -Appointment Stefanie Hartel MET Transit Authority June 30, 2023 New Dusky Steele MET Transit Authority June 30, 2023 New Larry Bjortomt Library Board of Trustees June 30, 2026 Re -Appointment Cary Darrah Airport Board June 30, 2024 Re -Appointment Sherman Wise Experience Waterloo Board June 30, 2023 Re -Appointment Tom Powers Experience Waterloo Board June 30, 2023 New Todd Holcomb Airport Board June 30, 2024 New Joy Briscoe Experience Waterloo Board June 30, 2023 New 3. Recommendation of appointment of Todd Wright from the Civil Service List to the position of Garage Mechanic, pending completion of physical and drug testing, effective July 14, 2020. 4. Recommendation of appointment of Christopher Bovy from the Civil Service List to the position of Central Garage Mechanic, pending completion of physical and drug testing, effective July 13, 2020. 5. Motion to approve the following Cigarette/Tobacco/Nicotine/Vapor licenses, expiring June 30, 2021: - The Snack Shack #1, 4335 Texas St. - The Snack Shack #2, 189 W. l lth St. - Guddi Mart, Inc., 306 Byron Ave. - BJ's Sports Bar and Billiards, 110 Ida St. - Prime Mart 1, 3535 Marigold Dr. - BP Fuel, 127 Jefferson St. 6. Bonds. Roll call vote -Ayes: Seven. Motion carried. 157982 - Amos/Feuss 1A3. Resolution approving Variance to Noise Ordinance request from Passion Anthony, on behalf of Juneteenth in July, for the annual celebration to be held in Lincoln Park on July 3, 2020, from 5:00 p.m. to 9:00 p.m., including use of a P.A. system and street closure of Park Avenue between Franklin and Mulberry. Roll -call vote -Ayes: Seven. Motion carried. 157983- Amos/Grieder To amend by adding E. 4th Street between Franklin and Mulberry Streets. Roll -call vote -Ayes: Seven. Motion carried. June 29, 2020 Page 7 Pat Treloar, Fire Chief, approves of the amendment and added that the Main Fire Station has flood clean-up kits available to those in need. Resolution adopted and upon approval by Mayor assigned No. 2020-492. PUBLIC HEARINGS 157984 - Morrissey/Feuss that proof of publication of notice of public hearing on Taxable Sewer Revenue Capital Loan Notes - The issuance of not to exceed $27,000,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020 (State of Iowa Revolving Fund Loan), as published in the Waterloo Courier on June 23, 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. 157985 - Morrissey/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157986 - Morrissey/Feuss that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $27,000,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020, and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-493. 157987 - Feuss/Grieder that proof of publication of notice of public hearing on FY 2020 Leversee Road Sanitary Sewer and Water Main Improvements Project, Contract No. 987, as published in the Waterloo Courier on June 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 called for written and oral comments and there were none. 157988 - Feuss/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157989 - Feuss/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. 2020-494. 157990 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $1,573,575 Bidder Bid Security Bid Amount DIV 1 $1,304,311.00 Dave Schmitt Construction Co., Inc. DIV 2 $1,077,672.80 Cedar Rapids, IA 5% Total $2,381,983.80 June 29, 2020 Page 8 Boomerang Corp. Anamosa, IA ° 5% DIV 1 $1,414,745.00 DIV 2 $ 823,075.00 Total $2,237,820.00 DIV 1 $1,263,005.00 Pirc Tobin Construction, Inc. 5% DIV 2 $ 663,429.50 Alburnett, IA Total $1,926,434.50 S.M. Hentges and Sons, Inc. DIV 1 $1,581,954.00 Jordan, MN ° 5 /o DIV 2 $ 936,111.00 Total $2,549,565.00 Voice vote -Ayes: Seven. Motion carried. 157991 - Amos/Grieder that proof of publication of notice of public hearing on FY 2021 Levee Rip Rap Spraying Project, Contract No. 1027, as published in the Waterloo Courier on June 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 called for written and oral comments and there were none. 157992 - Amos/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157993 - 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. 2020-495. 157994 - Amos/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Engineer's Estimate: $ 55,905.00 Bidder Bid Security Bid Amount Landmark Turf Services, LLC, Dunkerton, Iowa 5% Check $ 45,874 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 157995 - Klein/Grieder that "Resolution approving Supplemental Agreement No. 1 to the Professional Service Agreement with Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, in the amount not to exceed $292,000 for the FY 2021 Northwest Interceptor Sewer Extension, Contract No. 1031, 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. 2020-496. 157996 - Klein/Grieder June 29, 2020 Page 9 that "Resolution approving a Professional Services Agreement with Davenport Group, of Lewisburg, Tennessee, in the amount of $115,000, in conjunction with the purchase of equipment and services to refresh the Datacenter storage and related computer equipment and software, 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. 2020-497. 157997 - Klein/Grieder that "Resolution approving general, automobile, public official's errors & omissions, law enforcement and employment practices and umbrella liability coverage with Travelers Insurance, excess umbrella liability coverage with Allied Public Risk, property insurance coverage with Chubb, and workers compensation and third party administration services with Safety National, for a total premium of $1,622,990, with recommendation of approval from the Insurance Committee", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-498. 157998 - Boesen/Grieder that "Resolution adopting the rate of $1.00 per hour, with the first hour free and a cap of $12 per day, for parking in the ramp located on Commercial Street, on the block between Fourth and Fifth Streets, effective July 1, 2020", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-499. 157999 - Boesen/Grieder that "Resolution approving a 2.5 percent salary increase for non -bargaining employees, effective July 1, 2020", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-500. 158000 - Morrissey/Boesen that "Resolution approving an amendment to the Animal Control Services Agreement with the Cedar Bend Humane Society, originally executed June 19, 2017, in conjunction with FY2021 thru FY2023 Animal Control Service Fees, 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. 2020-501. 158001 - Morrissey/Boesen that "Resolution approving an Early Access Agreement with Personified, Inc., to allow for improvements to the Bluff Street section abutting 326 West 17th Street, 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. 2020-502. ADJOURNMENT 158002 - Klein/Amos that the Council adjourn at 8:16 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley �elchle Ii Kelley Felchle City Clerk