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HomeMy WebLinkAbout9.28.20 council minutes September 28, 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 28, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Morrissey, Klein, Feuss, Juon joined the meeting by telephone. Absent: Amos and Grieder Prayer or Moment of Silence. Pledge of Allegiance: Martin Petersen, City Attorney 159129 - Juon/Feuss that the Agenda, as amended, to correct the bid amount in Item 3, Public Hearings, to $63,561.57, and deleting Item 14, for the Regular Session on Monday, September 28, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Five. Motion carried. 159130 - Juon/Feuss that the Minutes, as proposed, for the Regular Session on Monday, September 21, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Five. Motion carried. Donation and First Responder print presentation by the Waterloo Community Foundation. ORAL PRESENTATIONS Forest Dillavou, 1725 Huntington Road, commented that he still has some 657A homes on his list. These include 811 Williston and 921 W. 2nd Street. He stated that it would be good for the homes to be addressed as they are dangers to the community. Noel Anderson, Community Planning and Development Director, explained that 811 Williston has been determined to be a RACEM demo and that specs and bid documents will go out very soon. He will need to check on the status of 921 W. 2nd Street, before commenting, but he will send staff out to re-secure the building. Mayor Hart requested an explanation of what RACEM stands for. Noel Anderson explained that it means that the building is in such a state of disrepair that asbestos cannot be removed safely, so it is asbestos contained material demolition. The number of bidders may be limited to those that have both asbestos and demolition capabilities, but it does not necessarily mean it would be more expensive. Mr. Morrissey commented that he hopes that the city council would have a discussion on municipal gun control. He would hope that Waterloo would take the lead on limiting the types of guns in our community. Mrs. Juon commented that the Cedar Valley Book Read will occur every Thursday in October about the book"How to Be an Anti-Racist." Panelists will speak on Thursdays and encourage everyone to participate. Mr. Boesen asked for an update on the grand opening of the skate park. Paul Huting, Leisure Services Director, invited the community to attend the 5:00 p.m. ribbon cutting for the new Skate Park on Thursday. Mayor Hart commented that the deadline for the census has been extended until October 30, 2020 and encouraged everyone to complete the census. 159131 - Juon/Feuss that the above oral comments be received and placed on file. Voice vote-Ayes: Five. Motion carried. CONSENT AGENDA 159132 - Juon/Feuss September 28, 2020 Page 2 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 28, 2020, in the amount of$4,935,118.46, 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. 2020-725. 2. Resolution approving the UCR Technical Specification Sub-award Agreement with the Iowa Department of Public Safety, in the amount of$500, to assist in updating the UCR records reporting system for the Police Department, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2020-726. 3. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Spohn Ranch, Inc., of Los Angeles, California, at a total cost of $358,977, in conjunction with the Riverside Skate Park Project. Resolution adopted and upon approval by Mayor assigned No. 2020-727. 4. Resolution approving request to certify assessment to 215 Oneida Street, in the amount of $1,350, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Resolution adopted and upon approval by Mayor assigned No. 2020-728. 5. Resolution approving the Annual Financial Report for City Streets, for the fiscal year ended June 30, 2020, and authorizing transmittal to the Iowa Department of Transportation. Resolution adopted and upon approval by Mayor assigned No. 2020-729. 6. Resolution approving request of Radoslav Srijemac for a waiver for a concrete driveway, located at 3116 Franklin 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. 2020-730. 7. Resolution approving request of Suad Murgic for a waiver for a concrete driveway, located at 1645 Easton 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. 2020-731. 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. Dollar General Store#20584, B Wine /C Beer Renewal 10/25/2021 x 1650 Idaho Street b. Hy-Vee Wine & Spirits #1, B Wine/C Beer/E Renewal 11/14/2021 x 2126 Kimball Avenue Liquor c. Jameson's Public House, C Liquor w/Outdoor Renewal 11/2/2021 x 310 E. 4th Street Service and Catering d. Logan Ave Convenience Store, B Wine/C Beer/E Renewal 11/28/2020 x 735 Logan Avenue Liquor September 28, 2020 Page 3 3. Motion approving Change Order No. 3 from Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$46,620, in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, and authorizing the Mayor and City Clerk to execute said document. 3. Motion approving Change Order No. 3 from Aspro, Inc., of Waterloo, Iowa, for a net increase of $31,137.44, in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said document. 3. Motion to receive and place on file the 2019 Operating Report of the Waterloo Water Works. Roll call vote-Ayes: Five. Motion carried. PUBLIC HEARINGS 159133 - Morrissey/Feuss that proof of publication of notice of public hearing on FY 2021 Sidewalk Repair Assessment Program- Zone 10, Contract No. 1018, as published in the Waterloo Courier on September 18, 2020, be received and placed on file. Voice vote-Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Patricia Jackson, 105 Lincoln Street, commented that she has concerns about the notice she received regarding her sidewalk. Anthony Ehrhardt, 518 E. 2nd Street, commented that he was not able to get anyone to come look at his property due to COVID and requested an extension to have time to repair the sidewalk. Robert Welch, Tri-County Head Start, 205 Adam Street, commented that he also received a letter regarding his sidewalk. James Lee, 515 Lime Street Boys and Girls Club, requested an extension to repair their sidewalk. Gerald Robinson, 158 Argyle and 108 Argyle, commented that he thinks that these are tremendously expensive and asked why additional help cannot be found to help pay for the repairs and many people cannot afford to pay. Heather Robinson, 108 Argyle, questioned why the people are on the street have to pay for repairing the sidewalk when they pay taxes to the city. She stated that she does not own the sidewalk and does not see people using the sidewalk. Jamie Knutson, City Engineer, explained that the city ordinance requires property owners to maintain sidewalks. He stated that the program has been in existence for thirty years and added that inspections have started to occur in the fall as opposed to spring, to allow additional time for property owners to make the repairs. 159134 - Morrissey/Feuss that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159135 - Morrissey/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Five. Motion carried. Mr. Morrissey commented that he would like the City Attorney to write an amendment to change the ordinance as there are numerous people who cannot afford the ordinance. He would like the city to pick up the cost of repairs as needed, and requested a work session on having mud jacking as an option to repair concrete. Mr. Boesen commented that as a homeowner we are responsible for shoveling our sidewalks. It also protects the homeowner from liability if someone trips and falls on the homeowner. September 28, 2020 Page 4 Resolution adopted and upon approval by Mayor assigned No. 2020-732. 159136 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids and refer bids to City Engineer for review. Estimate: $653,915.47 Bidder Bid Security Bid Amount Midwest Concrete Inc. 5% $398,757.05 Peosta, IA Minturn, Inc., 5% $624,740.40 Brooklyn, IA Tricon Construction Group 5% $743,218.35 Dubuque, IA Brock Even Construction, LLC 5% $499,922.04 Jesup, IA Voice vote-Ayes: Five. Motion carried. 159137 - Morrissey/Feuss that proof of publication of notice of public hearing on the purchase of 2020 Iry Warren Memorial Golf Course Irrigation Control System Updates, as published in the Waterloo Courier on September 18, 2020,be received and placed on file. Voice vote-Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159138 - Morrissey/Feuss that the hearing be closed. Voice vote-Ayes: Five. Motion carried. 159139 - Morrissey/Feuss that "Resolution confirming approval of specifications, bid documents, etc., and authorizing to proceed",be adopted. Roll-call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-733. 159140 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids. Estimate: $65,000 Bidder Bid Amount Spartan Distributors Sparta, MI $83,109 MTI Distributing BrooklynCenter, MN $63,561.57 Reinders, Inc. $106,212 Buffalo Grove, IL Voice vote-Ayes: Five. Motion carried. 159141 - Morrissey/Feuss that"Resolution awarding bid to MTI Distributing,Inc.,of Brooklyn Center,Minnesota,in the amount of$63,569.57",be adopted. Roll-call vote-Ayes: Five. Motion carried. September 28, 2020 Page 5 Resolution adopted and upon approval by Mayor assigned No. 2020-734. 159142 - Feuss/Morrissey that proof of publication of notice of public hearing on the sale and conveyance of city owned property located at 120 Center Street, in the amount of$1.00, to Perfect Match Properties, LLC, including a Development and Minimum Assessment Agreement, for the development of a 7,280 square-foot building, as published in the Waterloo Courier on September 18, 2020,be received and placed on file. Voice vote-Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Forest Dillavou, 1725 Huntington Road,requested clarification if the developer gets to take possession of the property as soon as they pay $1.00. Noel Anderson, Community Planning and Development Director, explained that under the terms of the agreement, the city will demolish the building and check for additional environmental concerns before turning the property over to the developer. Mayor Hart questioned the benefits to the city. Noel Anderson explained that the property was acquired through the 657A process so the city is clearing blight, making the area safer for the neighborhood and that additional redevelopment in the area is being seen. 159143 - Feuss/Morrissey that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Five. Motion carried. 159144 - Feuss/Morrissey that "Resolution authorizing the sale and conveyance of city owned property located at 120 Center Street, to Perfect Match Properties, LLC, in the amount of$1.00, and authorizing the Mayor and City Clerk to execute said documents",be adopted. Roll-call vote-Ayes: Five. Motion carried. Mr. Boesen questioned if this is an open-ended remediation effort due to yet unknown environmental concerns. Noel Anderson confirmed. Mr. Boesen clarified that the city is covering the cost of environmental remediation prior to the developer taking possession of the property. Noel Anderson confirmed and that he remains hopeful the cost will be covered by the grant. Mr. Morrissey questioned how long the business has been empty. Noel Anderson commented that the city has been working on developing the area since 2003 or 2004. Resolution adopted and upon approval by Mayor assigned No. 2020-735. 159145 - Feuss/Morrissey that"Resolution approving a Development and Minimum Assessment Agreement,with Perfect Match Properties, LLC, for the development of a 7,280 square-foot building, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-736. RESOLUTIONS September 28, 2020 Page 6 159146 - Klein/Boesen that "Resolution approving FY 2021 Grant Agreement with the Iowa Department of Transportation Aviation Bureau Commercial Service Vertical Infrastructure Program, Contract No. 22634, Project No. 9-I-210-ALO-200, in the amount of$67,090, for additional Waterloo Regional Airport Hangar Improvements,and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-737. 159147 - Klein/Boesen that"Resolution accepting a Quit Claim Deed for the sewer lift station property located at 3931 Texas Street, from Black Hawk County, in the amount of$1.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-738. 159148 - Klein/Boesen that "Resolution supporting the application by Black Hawk Contracting & Development Co., for the Iowa Workforce Housing Tax Incentives Program, to construct four (4) new single family homes, three (3)homes located on Lots 2, 3 and 4 of Baltimore Field 1st Addition and one (1) on the easterly part of Lot 2 of Crossroads Estates Replat No. 5, as Project Number 17-WHTIP-045, replacing previously approved lots 1,4,5 and 6 of Hillside Addition, with a local match of the City Limits Urban Revitalization Area (CLURA) tax abatement for each property, and rescinding Resolution No. 2019- 145", be adopted. Roll call vote-Ayes: Five. Motion carried. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Tricia Roof, Black Hawk Contracting & Development Co., explained the State gives investment tax credit and sales tax rebates to contractors,which allows homes to be built at a lower cost and value for low-income families to purchase the homes. She explained that discrepancies with the deadline to complete the project has resulted in the request for change. Mr. Boesen questioned if this is time sensitive. Noel Anderson explained that it is,based on the state incentives. Mr. Boesen questioned if time sensitive, why it has not come before council earlier so that council would have time to fully review the request. He commented on an agreement from April where the deadline to complete the sidewalk had not been met, and he expressed his concern in entering into another agreement before that project is complete. Noel Anderson commented that the department was recently made aware of the Workforce Housing request from the Roof's who had requested the item be placed on the agenda. He agreed with Mr. Boesen on the unfinished project from April and explained that the city is in contact with the Roof's legal representative on the matter. Tricia Roof commented that the reason the sidewalk is not finished is because there is a Mid-American Energy utility pole in the way and Mid-American would need to work with the city to get it moved. Mr. Boesen commented that the guy wire was there when the project started back in April and no progress has been made since the developer requested pre-payment of infill monies on May 13th. He questioned if it is the city or the contractor's responsibility to work with Mid-America. Noel Anderson explained it is the primary responsibility of the contractor. Mayor Hart questioned how many sidewalks were needing completion. Noel Anderson explained there were several areas of sidewalk needed, some of which have now been completed. September 28, 2020 Page 7 Mayor Hart commented that he will take some responsibility and reach out to Mid-American Energy. Tricia Roof commented that if this is not approved then they would lose all of their tax credits and rebates. Resolution adopted and upon approval by Mayor assigned No. 2020-739. 159149 - Boesen/Klein that "Resolution approving an amendment to the Development Agreement with Goldfinch S&M Properties, LLC, originally executed April 27, 2020, adjusting the timeline for redevelopment of a residential property located at 1332 Walker Street, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-740. 159150 - Boesen/Klein that "Resolution approving an amendment to the Development Agreement with Goldfinch S&M Properties, LLC, originally executed April 27, 2020, adjusting the timeline for completion of a residential property,located at 1804 E.4th Street,and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-741. 159151 - Boesen/Klein that "Resolution approving a Cooperative Agreement with Black Hawk County, in conjunction with construction of the Shaulis Road Trail Extension Phase II Project, and authorizing the Mayor to execute said document,be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-742. 159152 - Boesen/Klein that"Resolution approving a Memorandum of Understanding for Recreational Trail Maintenance with Black Hawk County Conservation, in conjunction with the Shaulis Road Trail Extension Phase II Project, and authorizing the Mayor to execute said document",be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-743. 159153 - Boesen/Klein that"Resolution approving construction plans for sanitary sewer, storm sewer and paving serving the Audubon Heights 7th Addition, as submitted by Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, and Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents", be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-744. ORDINANCES 159154 - Feuss/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 second time. Roll call vote-Ayes: Five. Motion carried. Rules could not be suspended due to the lack of council members. 159155 - Morrissey/Feuss September 28, 2020 Page 8 that "an ordinance amending the City of Waterloo Traffic Code by adding section 580C, No Parking Both Sides 5:00 p.m. to 8:30 p.m.,Wednesdays: 400 block of Janney Avenue",be received,placed on file, considered and passed for the first time. Julie Wentz, 405 Janney, questioned the change and explained that this will prevent her from having guests as there is no other parking available. Sandie Greco, Traffic Superintendent, explained that this was a request from the church to block parking for services during that period. Julie Wentz commented that she bought the house expecting to be able to have people over and now the city is prohibiting that. Sandie Greco commented that she will visit with the church and Ms. Wentz. She added that she did not hear from any other neighbors. 159156 - Morrissey/Feuss To postpone first reading for one week. Voice vote: Ayes: Five. Motion carried. ADJOURNMENT 159157 - Klein/Boesen that the Council adjourn at 6:46 p.m. Voice vote-Ayes: Five. Motion carried. Kellen 75'elchle Kelley Felchle City Clerk