HomeMy WebLinkAbout08.03.2020.council minutes August 3, 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, August 3, 2020. Mayor Quentin Hart in the Chair. Roll Call:
Boesen, Amos, Morrissey, Grieder, and Juon joined the meeting by telephone. Mrs. Klein was present. Absent:
Feuss.
Prayer or Moment of Silence.
Pledge of Allegiance: Kelley Felche, City Clerk
158934 - Juon/Grieder
that the Agenda, as amended, Item I.A.5, removing 814 Bluff Street(quonset but only) and
replacing it with 100 E. 91h Street, for the Regular Session on Monday, August 3, 2020, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Five. Nays: One (Morrissey). Motion carried.
Mr. Morrissey asked that the agenda as proposed be rejected unless item number 4 is deleted from
the agenda, as he believes the item is out of order.
Mayor Hart questioned why he believes the item is out of order.
Mr. Morrissey explained that the motion to rescind is out of order and that because there are two
motions to be voted on, the resolution should be divided into two motions.
Mrs. Juon commented that she disagrees with Mr. Morrissey's interpretation and would like to hear
from the city attorney as to whether it is out of order.
Kelley Felchle, City Clerk, commented that council has approved hundreds of similar actions
involving a motion to rescind along with an approval of a new resolution and provided an example.
She explained that if a council member wishes to split an item into two actions it could be done at
the time the council takes up the question.
Mr. Morrissey responded by reading a portion of the City Code of Ordinance and Roberts Rule of
Order and his interpretation thereof.
Mayor Hart stated that council has in-fact passed many similar resolutions and if Mr. Morrissey
disagrees with the resolution then he can vote against it.
158935 - Juon/Grieder
that the Minutes, as proposed, for the Regular Session on Monday, July 27, 2020, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Five. Nays: One (Morrissey). Motion carried.
ORAL PRESENTATIONS
Chris Lyons, 822 Home Park Blvd., explained that she is coming to speak about the city's insurance
carrier for denying their insurance claim. She does not know what the future plans are for all of this
but she believes the city should make it right. Many of the homes owners do not have insurance that
will pay for the damage.
Lynette Risse, 733 Reber, commented that she has not received a denial letter but that she knows it
would be coming as everyone else has received a letter. She questioned why they were told to file
for compensation if the city was going to deny responsibility and it is wrong to have people apply
when there was no intent to pay anything. She stated that when the Mayor asked if she had be
contacted by the insurance company yet, she felt that by his asking, it was admitting some liability
because there would be no point to ask her otherwise.
Kelley Felchle explained that Ms. Risse's application had not been received by the city until last
Monday and that it was filed with the insurance company the same morning. She stated that this is
likely the reason she had not heard from the insurance company last Monday.
Lynette Risse explained that she has since been contacted by the insurance company and was asked
about the age of her lost appliances. She questioned why they needed to know that information
when they were not going to pay for them. She stated she had learned that her neighbors had already
August 3, 2020 Page 2
been denied. The insurance representative told they were still looking into it and had not decided if
they were going to pay or not. She said that it was a lie to state that they were still thinking about it.
Mr. Boesen recognized the passing of retired Police Department Captain Bruce Arends and asked
everyone to keep his family in their prayers.
Mrs. Juon echoed Mr. Boesen's comments on Bruce Arends. She clarified that it is the insurance
company that denied the claims not the city.
Mr. Morrissey also gives his condolences to the family of Bruce Arends.
Mayor Hart revisited the topic of census reminders and explained several ways the census reminders
will be distributed to the community through the month of October and the importance of everyone
filling it out.
158936 - JuonBoesen
that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion
carried.
CONSENT AGENDA
158937 - Juon/Morrissey
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 August 3, 2020, in
the amount of$2,779,759.45, 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. 2020-572.
2. Resolution approving cancellation of assessment for 3868 Jay Lane in the amount of
$804.18, and authorize City Clerk to notify Black Hawk County Treasurer of said
cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2020-573.
3. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date
of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, in
conjunction with asbestos abatement services at 120 Center Street and instruct City Clerk to
publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-574.
4. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as August 13, 2020 and date of public hearing as August 17, 2020, for asbestos
survey services at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E.
10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street, 663 Kern
Street, and 214 Cottage Street, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-575.
5. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date
of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, in
conjunction with asbestos abatement services at 118 Shilliam Avenue, 179 Rebecca Lane,
514 Johnson Street, 100 E. 91h Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E.
4th Street(Former St. Mary's Church and School), and 1809 Black Hawk Street.
Resolution adopted and upon approval by Mayor assigned No. 2020-576.
August 3, 2020 Page 3
6. Resolution approving Variance to Noise Ordinance request from Tonnette Wise, in
conjunction with a memorial service for Cortez Harrison to be held July 31, 2020, from 1:30
p.m. to 3:30 p.m., at Sullivan Park, including the use of a P.A. system.
Resolution adopted and upon approval by Mayor assigned No. 2020-577.
b. Motion to approve the following:
I• Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. Brenda's Park Road Inn, C Liquor and Outdoor Renewal 8/8/2021
306 Park Rd. Service
b. Casey's General Store#2880, B Wine, C Beer, and E New 9/30/2021 x
1604 LaPorte Rd. Liquor
c. Kwik Star#569, B Wine and C Beer Renewal 8/27/2021 x
875 Fisher Dr.
d. Old Skool Lounge, C Liquor and Outdoor Renewal 7/5/2021 x
120 Sumner St. Service
e. Una Bar and Restaurant, C Liquor Renewal 6/30/2021 x
910 W. 5th St.
£ Verve Kombucha, C Liquor and Outdoor Renewal 7/9/2021 x
327 W. 3rd St. Service
g. Waterloo Fraternal Order of A Liquor and Outdoor Renewal 7/14/2021 x
Eagles, 202 E. 1 st St. Service
h. BJ's Bar and Billiards, C Liquor and Outdoor Renewal 7/29/2021 x
110 Ida St. Service
i. Casey's General Store#2879, B Wine, C Beer, and E New 9/30/2021 x
3260 University Ave. Liquor
j. Guddi Mart, B Wine and C Beer Renewal 7/2/2021 x
306 Byron Ave.
k. Hy-Vee Gas #3, C Beer Renewal 8/26/2021 x
1512 Flammang Dr.
2. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration Date New or
Re-Appointment
Planning, Programming &
Virginia Wilbur Zoning Commission August 7, 2023 Re-Appointment
3. Motion approving a fireworks display application for the Waterloo Bucks Ball Club, located at 850
Park Road, for all home games starting at 10:00 p.m. and lasting for ten minutes.
4. Bonds.
Roll call vote-Ayes: Six. Motion carried.
PUBLIC HEARINGS
158938 - Morrissey/Grieder
that proof of publication of notice of public hearing on the request by Greg Steffen to rezone 8.80
acres, located at 4192 Logan Avenue, from "A-1"Agricultural District to "R-2" One and Two
Family Residence District, to construct a new single family home, as published in the Waterloo
Courier on July 24, 2020, be received and placed on file. Voice vote-Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
August 3, 2020 Page 4
158939 - Morrissey/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: Six. Motion carried.
158940 - Morrissey/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 rezone 8.80 acres, located at
4192 Logan Avenue from "A-1" Agricultural District to "R-2" One and Two Family Residence
District for construction of a new single family home", be received, placed on file, considered and
passed for the first time. Roll call vote-Ayes: Six. Motion carried.
158941 - Morrissey/Grieder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Four. Nays: Two (Klein and Juon). Motion failed.
Noel Anderson, Community Planning and Development Director, explained that there are two
neighbors opposed to the rezoning, and said that the property owner requesting the rezone does have
a buyer for the site and they are anxious begin construction.
158942 - Amos/Morrissey
that proof of publication of notice of public hearing on the sale and conveyance of City owned property
located adjacent to 900 Commercial Street,with an undivided one-half interest to Mark A. Hughes, as
Successor Trustee of the Maxine C. Hughes Revocable Trust U/A, and an undivided one-half interest
to Mark A. Hughes, as Successor Trustee of the Maxwell V. Hughes Residuary Trust, and rescinding
Resolution No. 1986-646 in its entirety, as published in the Waterloo Courier on July 24, 2020, be
received and placed on file. Voice vote-Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
158943 - Amos/Morrissey
that the hearing be closed. Voice vote-Ayes: Six. Motion carried.
158944 - Amos/Morrissey
that"Resolution authorizing the sale and conveyance of City owned property, located adjacent to 900
Commercial Street, with an undivided one-half interest to Mark A. Hughes, as Successor Trustee of
the Maxine C. Hughes Revocable Trust U/A, and an undivided one-half interest to Mark A. Hughes,
as Successor Trustee of the Maxwell V. Hughes Residuary Trust, and authorizing the Mayor and City
Clerk to execute said document, and rescinding Resolution No. 1986-646 in its entirety", be adopted.
Roll-call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-578.
RESOLUTIONS
158945 - Amos/Grieder
that "Resolution approving a Management Agreement with Republic Parking System, Inc., effective
July 20, 2020 and expiring June 30, 2025, in the amount of$35,000.00 for the first year, $38,000 for
years two through four and $34,833.34 for the fifth year, authorizing the Mayor and City Clerk to
execute said agreement, and rescinding Resolution No. 2020-557", be adopted.
158946 - Morrissey/Boesen
To divide the question into two separate issues.
Mrs. Juon asked if the motion needed a vote.
August 3, 2020 Page 5
Kelley Felche read from the city code to clarify that the motion to divide does not require a vote.
Mr. Morrissey explained that if the motion to rescind fails, than it makes the second portion mute.
158947 - Amos/Juon
To rescind Resolution No. 2020-557. Roll call vote-Ayes: Four. Nays: Two (Boesen and Morrissey).
Motion carried.
Mrs. Juon questioned what happens if the motion to rescind fails, and would the city even have a
contract in place.
Marty Petersen, City Attorney, commented that the city would not have a contract.
Mrs. Juon reminded council to look at the contract in front of us today, which includes changes that
have been requested by Republic that will be beneficial to all involved. That makes it acceptable to
reconsider and talk about the new contract.
Forrest Dillavou, 1725 Huntington Road, commented that his question is similar to Mrs. Juon's and
questioned if a contract is in existence. He stated that the city is in financial difficulty because they
do not read contracts.
Mr. Morrissey commented that the city amended the contract on July 20th to change it to one year.
The city voted on the contract to take effect on July 20, 2020. A representative of Republic Parking
was at the meeting and was informed of its amendment and approval. He stated that contrary to
what the city attorney says the city is under a contract and has been for two weeks. He further stated
that it would require 30 days' notice to terminate the contract and it cannot be undone by rescinding.
Mayor Hart commented that he heard the words mutually agreeable and that Republic has to sign the
contract.
Michelle Weidner, Chief Financial, commented that she does not believe that we have a signed
contract for one year. The executives from the company who have the authority to enter into an
agreement were not on the phone. She explained that the prior contract does state that it
automatically extends on a year-to-year basis, so it is possible that the city could still be under the
prior contract for another year.
Mrs. Klein commented that she would vote to rescind because she supports our city attorney's legal
opinion.
Mr. Morrissey reiterated that a motion to rescind is to be followed according to rules of procedure
and explained that Republic Parking has been operating for the last two weeks under the resolution
that was voted on. He then cited Roberts Rules of Order that disallows rescinding a contract under
certain circumstances.
Kelley Felchle commented by reading what the newly revised 11th edition of Roberts Rules of Order
states on when a contract can or cannot be rescinded. She also read from an online version of
Roberts Rules of Order, which differed from the 11th edition version. She cautioned council on
relying too heavily on Roberts Rules of Order especially since the city code has not specifically
adopted a particular version to follow.
Mr. Boesen commented that his experience is that when two codes are in conflict, the most stringent
one takes effect. He questioned that if the new contract proposed fails to pass, does the city revert
back to the prior contract on a year-to-year basis.
Michelle Weidner commented that that would be her understanding, so it would mean the city would
be paying a higher rate and none of the things council requested with the new contract would
happen.
Martin Petersen commented that he agrees with Mrs. Weidner.
Mr. Boesen questioned if the line item budget would be affected.
August 3, 2020 Page 6
Resolution adopted and upon approval by Mayor assigned No. 2020-579.
158948 - Amos/Grieder
that "Resolution approving a Management Agreement with Republic Parking System, Inc., effective
July 20, 2020 and expiring June 30, 2025, in the amount of$35,000.00 for the first year, $38,000 for
years two through four and $34,833.34 for the fifth year, authorizing the Mayor and City Clerk to
execute said agreement. Roll call vote-Ayes: Four. Nays: Two (Boesen and Morrissey). Motion
carried.
Mr. Boesen questioned if all of the equipment used by Republic is owned by the city, specifically
vehicles, and if so, why they are not taken to the city garage for repairs.
Michelle Weidner commented that most of the equipment is city-owned, and explained that there were
issues in the beginning with service.
Mr. Boesen commented that he would hope that now that the city has more mechanics on staff that we
could do the work on the vehicles moving forward to reduce the expenses that we cover for Republic.
Mr. Morrissey commented that he objects to this motion, as the council has not had a work session on
this new contract.
Mrs.Juon commented that she believes the revised terms are in the benefit of the city. She commented
that many of the work sessions focused on parking and not the contractual relationship, and stated that
Republic is a professional organization that can bring expertise to discussions about parking in the
future and she is in favor of approving this contract. She further commented that she learned there is
still a third agenda item included in this.
Mr. Morrissey requested an explanation of what the third agenda item would be in relation to this
contract.
Mayor Hart stated that it is not germane to this.
Resolution adopted and upon approval by Mayor assigned No. 2020-580.
158949 - Boesen/Grieder
that"Resolution approving a Construction Agreement with Waterloo Water Works Board of Trustees,
in conjunction with the F.Y. 2021 Shaulis Road Reconstruction - Hess Road to Hwy 218 Project,
Contract No. 1020, and authorizing the Mayor and City Clerk to execute said document",be adopted.
Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-581.
158950 - Boesen/Grieder
that"Resolution approving an amendment to the Professional Services Agreement,originally executed
April 8, 2019, with Ament Design of Cedar Rapids, Iowa, in conjunction with the West Ridgeway
Avenue at Greyhound Drive Traffic Safety Improvements Project,in an amount not to exceed$46,800,
and authorizing the Mayor to execute said document",be adopted. Roll call vote-Ayes: Six. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-582.
158951 - Boesen/Grieder
that"Resolution approving submission of an Iowa DOT Traffic Safety Fund grant application, in the
amount of $128,000, in conjunction with traffic safety improvements at the intersection of Vinton
Avenue and Independence Avenue, and authorizing the Mayor and City Clerk to execute said
document",be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-583.
August 3, 2020 Page 7
158952 - Klein/Grieder
that"Resolution approving acquisition of property generally described as Summit Softball Fields from
Waterloo Community Schools, in the amount of$1.00, and authorizing the Mayor and City Clerk to
execute said documents.", be adopted. Roll call vote-Ayes: Six. Motion carried.
Mr. Grieder commented that individuals contacted him with concerns for the type of housing to be
built in the area and that they currently enjoy the green space.
Noel Anderson explained there are not currently any specific plans for the property and stated that the
city is currently maintaining the property for quite some time. He said that if the city did move forward
with development that they would be looking at one and two family homes rather than a multi-family
unit.
Shiela Carlson, 122 Euclid Avenue, commented that she is aware of a gardening group called
EMBARC and that they have a three-year contract to keep a community garden going. She questions
what would happen to the garden if the city purchases the property for $1.00. She stated there are
people interested in purchasing the property and asked if the city could purchase it for $1.00, would
they be able to purchase it for$5 or$10 dollars. She questioned the meaning of in-fill housing.
Noel Anderson commented that the city has a standard garden plot contract that can be a multi-year
contract, but are generally one-year with wording that if the city wishes to sell the land for
development, the contract can be ended on an annual basis. He explained that if some neighbors
wished to purchase a portion of the land,the city would review and consider how it could still achieve
its purposes while working with the neighbors. He then provided a description of infill housing.
Mayor Hart clarified that infill housing means that they are filling a space in a neighborhood with new
compatible housing. He added that informing neighbors of the new housing being built is part of the
process to make sure no one is caught off-guard, and then clarified the city could help relocate the
garden if it became necessary to end the contract.
Noel Anderson confirmed that there is nothing currently planned and the city is aware of the good that
EMBARC does and would work with them to find another location to continue their garden if needed.
Shiela Carlson also asked the city to keep the sewer system in mind when considering additional
housing, as they are a short distance from the area with recent sewer issues.
Mrs. Klein commented that the roads in that neighborhood are very narrow and have no curbs and she
cannot imagine more houses on the narrow street.
Mrs. Juon commented that the city would work with the neighborhood associations and contingent
neighbors as they look to develop in the future.
Forest Dillavou, 1725 Huntington Road, commented that this is just one more property that we will
have to maintain and another lot that we do not need. He stated that there are many schoolhouses all
over Waterloo that we mow the ground, we give the land away and the land is never developed. He
also commented that the sewer system cannot handle additional houses and we should let the school
keep the property.
Noel Anderson provided a list of former school sites that have been developed with infill housing.
Mrs. Juon questioned if the city is not already mowing this lot.
Paul Huting, Leisure Services Director, explained that there was an agreement made several years ago
for the city to mow school sites.
Mr. Boesen questioned who would mow the property once it is acquired.
Paul Huting explained that it is the intention of Leisure Services to mow the property then it would
switch to Planning and Zoning.
Resolution adopted and upon approval by Mayor assigned No. 2020-584.
August 3, 2020 Page 8
158953 - Klein/Grieder
that "Resolution approving Amendment No. 1 to the Professional Services Agreement, originally
executed October 30, 2018, with HR Green, Inc., of Cedar Rapids, Iowa, in conjunction with
environmental investigation services at the former Weissman Steel site area,in the amount of$11,000,
and authorizing the Mayor to execute said document",be adopted. Roll call vote-Ayes: Six. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-585.
OTHER COUNCIL BUSINESS
158954 - Amos/Grieder
that Change Order #2 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of
$4,962.90, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling
Renovation, and authorizing Mayor to execute said document, be received, placed on file and
approved. Voice vote-Ayes: Six. Motion carried.
Noel Anderson explained the need for the change orders due to a variety of details uncovered while
making the changes to the walls, entrances and ceiling work.
Mayor Hart questioned how old is the ceiling and how long has the transformer been in the building.
Noel Anderson explained they have both been in place since the original construction of the building.
158955 - Amos/Grieder
that Change Order #3 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of
$3,870.35, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling
Renovation, and authorizing Mayor to execute said document, be received, placed on file and
approved. Voice vote-Ayes: Six. Motion carried.
ADJOURNMENT
158956 - JuonBoesen
that the Council adjourn at 7:03 p.m. Voice vote-Ayes: Six. Motion carried.
Kelley Y-�elchle J
Kelley Felchle
City Clerk