HomeMy WebLinkAbout9.21.2020 Council Minutes September 21, 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, September 21, 2020. Mayor Pro-Tem Juon in the Chair. Roll Call:
Morrissey, Feuss, Grieder, Juon joined the meeting by telephone. Mrs. Klein and Mr. Boesen were present.
Mr. Amos was absent.
Prayer or Moment of Silence.
Pledge of Allegiance: Margaret Klein, Ward I Council Member
159107 - Morrissey/Grieder
that the Agenda, as proposed, for the Regular Session on Monday, September 21, 2020, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
159108 - Morrissey/Grieder
that the Minutes, as proposed, for the Regular Session on Monday, September 14, 2020, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
Proclamation declaring September 25, 2020 as Disabled American Veterans Day.
ORAL PRESENTATIONS
Mr. Grieder commented that on September 4, 2020 a federal eviction moratorium went into effect.
He shared that tenants can receive free legal advice from the following website hellolandlord.org.
He requested a work session in the coming weeks on what the plan is for the Crossroads Mall as
another anchor of the mall announced its closure.
Mr. Morrissey commented that the council will have a work session resuming discussion of Title 1
and requested the City Clerk provide an overview of what that session would entail. He commented
on the raising of the Virden Creek Levy and that he has received questions regarding flood insurance
for people who were formally affected prior to the raising of the levy. He questioned if those homes
would now be taken out of the flood plain.
Kelley Felchle, City Clerk, provided an overview of what will be discussed at the work session.
Jamie Knutson, City Engineer, explained that the final step to occur is that the city will need to
submit paperwork to FEMA which council will need to approve, in order for FEMA to make the
changes to the floodplain map.
Mr. Morrissey commented that all of the council members received correspondence from the City
Engineer regarding mud jacking. He stated that there is a difference of opinion on whether mud
jacking is a viable option. Mr. Morrissey commented that it is a cost saving alternative to replacing
a section of sidewalk.
159109 - KleinBoesen
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
159110 - 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 September 21,
2020, in the amount of$2,292,028.26 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. 2020-709.
September 21, 2020 Page 2
2. Resolution approving preliminary specifications, bid documents, form of contract, etc., in
conjunction with the rental of one (1) and/or two (2) motor graders to support snow removal
operations, setting date of bid opening as October 8, 2020 and date of public hearing as
October 12, 2020, and instructing the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-710.
3. Resolution approving preliminary specifications,bid documents etc., setting date of bid
opening as October 8, 2020 and date of public hearing as October 12, 2020, in conjunction
with the FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038, and instruct
the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-711.
4. Resolution approving award of bid to Midwest Concrete, Inc., of Peosta, Iowa, in the amount
of$254,230.32, and approving the contract,bonds and certificate of insurance, in
conjunction with the Waterloo Regional Airport, Water Main Improvements - Phase I
Project, Contract No. 1033, and authorizing the Mayor and City Clerk to execute said
documents.
Resolution adopted and upon approval by Mayor assigned No. 2020-712.
5. Resolution approving request of James Woodard for a waiver for a concrete driveway,
located at Parcel ID 8912-19-304-007 (lot south of 235 Lewis 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. 2020-713.
6. Resolution approving Completion of Project and Recommendation of Acceptance of Work,
for work performed by Service Roofing, of Waterloo, Iowa, at a total cost of$239,500, in
conjunction with the Fire Station No. 1 Roof Replacement Project, and authorizing the
Mayor to execute said documents.
Resolution adopted and upon approval by Mayor assigned No. 2020-714.
7. Resolution approving Completion of Project and Recommendation of Acceptance of Work,
for work performed by Henkel Construction Company, of Mason City, Iowa, in the amount
of$253,406.20, in conjunction with the 5 Sullivan Brothers Convention Center Kitchen
Improvement Project, and authorizing the Mayor to execute said documents.
Resolution adopted and upon approval by Mayor assigned No. 2020-715.
8. Resolution setting date of public hearing as October 5, 2020 on the proposed reallocation of
not to exceed$250,000 Unspent Proceeds of the General Obligation Bonds, Series 2018B,
and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-716.
9. Resolution approving renewal of Crime and Fidelity insurance effective September 15, 2020,
in the amount of$3,663.
Resolution adopted and upon approval by Mayor assigned No. 2020-717.
10. Resolution approving cancellation of assessment for 414 Forest Avenue, in the amount of
$1,572.36 and 120 Hawthorne Avenue, in the amount of$144.42, and authorize the City
Clerk to notify Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2020-718.
b. Motion to approve the following:
September 21, 2020 Page 3
1• Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunda
a. Hy-Vee C-Store#4, B Wine/C Beer Renewal 10/31/2021 x
3700 University Avenue
b. Us Neighborhood Grill & Bar, C Liquor w/Outdoor Renewal 11/5/2021 x
3550 Kimball Avenue Sales
c. Rudy's Tacos-Beer Hall-Lava C Liquor Renewal 9/27/2021
Loun e, 2401 Falls Avenue
d. Wal-Mart Supercenter#1496, B Wine/C Beer/E Renewal 9/30/2021 x
1334 Flammang Drive Liquor
2. Motion approving Change Order No. 5 from Peters Construction Corporation of Waterloo, Iowa, for a
net increase of$16,376.41, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition
Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document.
3. Motion to accept and place on file the arbitrage test results reflecting that no payment is due to the
Internal Revenue Service for the General Obligation Bonds Series 2015A.
4. Motion approving Change Order No. 2 from Aspro, Inc., of Waterloo, Iowa, for a net increase of
$115,205.27, in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and
authorizing the Mayor and City Clerk to execute said document.
5. Fireworks Display at the National Cattle Congress for the Hairball Concert on September 26, 2020
from approximately 8:00 p.m. to 10:00 p.m.
6. Bonds.
Roll call vote-Ayes: Six. Motion carried.
PUBLIC HEARINGS
159111 - Morrissey/Grieder
that proof of publication of notice of public hearing on Request by Peters Construction, Corp., for a
Site Plan Amendment to the "C-2, C-Z" Commercial Conditional Zoning District to allow for a new
funeral home and crematorium in the existing building,plus a 10,175 square-foot addition located at
4140 Kimball Avenue, as published in the Waterloo Courier on September 11, 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.
Eric Locke, 1420 Olympic Drive, explained that they are seeking council approval to allow them to
renovate and expand 4140 Kimball Avenue. They are planning to begin construction this fall with
the hopes of opening in fall of next year.
159112 - Morrissey/Grieder
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: Six.
Motion carried.
159113 - 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 approve a request by Peters
Construction, Corp., for a Site Plan Amendment to the "C-2, C-Z" Commercial Conditional Zoning
District, for a new funeral home and crematorium in the existing building, plus a 10,175 square-foot
addition located at 4140 Kimball Avenue", be received, placed on file, considered and passed for the
first time. Roll call vote-Ayes: Six. Motion carried.
September 21, 2020 Page 4
159114 - Morrissey/Grieder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Six. Motion carried.
159115 - 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 approve a request by Peters
Construction, Corp., for a Site Plan Amendment to the "C-2, C-Z" Commercial Conditional Zoning
District, for a new funeral home and crematorium in the existing building, plus a 10,175 square-foot
addition located at 4140 Kimball Avenue", be considered and passed for the second and third times
and adopted. Roll call vote-Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5574.
159116 - Feuss/Grieder
that proof of publication of notice of public hearing on sale and conveyance of City owned property
located north of 3488 Wagner Road, in the amount of$1.00, to Steege Investments, LLC, including a
Development and Minimum Assessment Agreement, for the development of a 12,000 square-foot
building, as published in the Waterloo Courier on September 11,2020,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.
159117 - Feuss/Grieder
that the hearing be closed. Voice vote-Ayes: Six. Motion carried.
159118 - Feuss/Grieder
that "Resolution authorizing the sale and conveyance of City owned property located north of 3488
Wagner Road, in the amount of$1.00, to Steege Investments, LLC, and authorizing the Mayor and
City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-719.
159119 - Feuss/Grieder
that "Resolution approving a Development and Minimum Assessment Agreement between Steege
Investments, LLC and the City of Waterloo, Iowa, in conjunction with the construction of a 12,000
square-foot building, and authorizing the Mayor and City Clerk to execute said documents, and
authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes:
Six. Motion carried.
Noel Anderson,Community Planning and Development Director,provided an overview of the project.
Resolution adopted and upon approval by Mayor assigned No. 2020-720.
159120 - Grieder/Morrissey
that proof of publication of notice of public hearing on codification of the City of Waterloo Traffic
Code of Ordinances, as published in the Waterloo Courier on September 11, 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.
159121 - Grieder/Morrissey
September 21, 2020 Page 5
that the hearing be closed. Voice vote-Ayes: Six. Motion carried.
159122 - Grieder/Morrissey
that"an ordinance adopting the 2020 Traffic Code of the City of Waterloo, Iowa",be received,placed
on file, considered and passed for the first time. Roll call vote-Ayes: Six. Motion carried.
159123 - Grieder/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Five. Nays: One (Klein). Motion failed.
RESOLUTIONS
159124 - Grieder/Morrissey
that"Resolution adopting a face mask mandate for the City of Waterloo', be adopted. Roll call vote-
Ayes: Four. Nays: Two (Klein and Boesen). Motion carried.
Mr. Grieder provided an overview of the item and explained that the resolution will extend the mask
mandate for another six weeks.
Mr. Boesen commented that he supports wearing a mask but that the resolution has no enforcement
and without that he is not in favor of the resolution. He explained that the resolution pits businesses
against one another and until there is a federal or state mandate, he will not be supporting the
resolution.
Forest Dillavou, 1725 Huntington Road, commented that he supports wearing a mask and social
distancing, except when that was not happening at a recent council meeting. He stated two people got
COVID after that meeting.
Mr. Morrissey commented that the current mandate expires in a week and he hopes that the resolution
extending the mandate for another six weeks passes with a full vote of the council.
Mrs.Klein commented that adults elected members to the council and that they do not need the council
telling them what to do. She explained that forcing people to be police officers in their businesses is
not appropriate.
Mrs. Juon commented that she supports a mask mandate.
Dawn Henry, 2121 W. 7th Street, commented that she is a nurse and supports wearing a mask. She
explained that the public health department should be making mandates not the city council.
Resolution adopted and upon approval by Mayor assigned No. 2020-721.
159125 - Grieder/Morrissey
that "Resolution approving a Community Assistance Grant Contract with the Iowa Department of
Natural Resources, in conjunction with the Asbestos Abatement Reimbursement Program, for an
abandoned property located at 120 Center Street, in the amount of $6,290, 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. 2020-722.
159126 - Klein/Boesen
that "Resolution approving an Architectural Services Agreement with Align Architecture and
Planning of Waterloo, Iowa, in the amount of$3,500, plus mileage and printing costs, in conjunction
with the evaluation of the Dunsmore House, 902 Logan Avenue, and authorizing the Mayor and City
Clerk to execute said documents", be adopted. Roll call vote-Ayes: Six. Motion carried.
September 21, 2020 Page 6
Mr. Boesen requested an overview.
Noel Anderson explained that a more in-depth study is needed for determining whether the house can
be converted into a home or office.
Mr. Morrissey questioned if the dollars are coming out of a CIP request.
Noel Anderson confirmed.
Resolution adopted and upon approval by Mayor assigned No. 2020-723.
159127 - Klein/Boesen
that "Resolution approving a Development Agreement with GBS Development, LLC, for the
construction of up to twelve (12) two-unit residential buildings, for a total of up to twenty-four (24)
units, located north of 669 S. Hackett Road, 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:
Six. Motion carried.
Mr. Boesen requested an overview.
Noel Anderson, Community Planning and Development Director, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2020-724.
ADJOURNMENT
159128 - Boesen/Klein
that the Council adjourn at 6:19 p.m. Voice vote-Ayes: Six. Motion carried.
Kelley 7_"'elchle
Kelley Felchle
City Clerk