HomeMy WebLinkAbout10.19.2020 council minutes October 19, 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, October 19, 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: Margaret Klein, Ward 1 Council Member
159210 - Juon/Klein
that the Agenda, as proposed, for the Regular Session on Monday, October 19, 2020, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
159211 - Juon/Klein
that the Minutes, as proposed, for the Regular Session on Monday, October 12, 2020, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
David Dryer, 3145 W. 4th Street, commented that his ward representative has never asked his
opinion on holding monthly ward meetings. He asked that council to not hold two meetings per
month as it would restrict people's ability to speak at meetings.
Forest Dillavou, 1725 Huntington Road, commented that the pothole filling process in Waterloo has
approved significantly. He thanked the city for making pothole-filling better in Waterloo.
Mr. Boesen questioned when the All In Grocers Development agreement would come back to
council for amendment. He also questioned when the CIP process would begin so that it is locked in
prior to starting the budget process.
Noel Anderson, Community Planning and Development Director, commented that he has a meeting
scheduled with the developers of All In Grocers and will be coming to council after that. He stated
that CIP information will be going out to departments this week and the turnaround time will shorten
to three to four.
Mayor Hart commented he has been having conversations with Mr. Boesen about how to streamline
some processes.
Mr. Grieder commented that prior to starting council he was the West High Youth City Council
representative and added that he is incredibly proud of the students.
Mrs. Klein questioned if bids have come back on the Williston Street house.
Noel Anderson commented that it is item number four on the consent agenda. He added that they
expect the work to be done this winter.
Mr. Amos thanked everyone for the condolences and cards he has received in the passing of his
wife.
159212 - Juon/Klein
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
159213 - Juon/Feuss
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
October 19, 2020 Page 2
1. Resolution approving Finance Committee Invoice Summary Report, dated October 19, 2020,
in the amount of$3,056,861.67, 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. 2020-777
2. Resolution approving award of bid to Pro Track and Tennis of Bennington,Nebraska, in the
amount of$77,250, approving the contract, bonds, and certificate of insurance, in
conjunction with the FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No.
1038, and authorizing the Mayor and City Clerk to execute said documents.
Resolution adopted and upon approval by Mayor assigned No. 2020-778
3. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as November 19, 2020 and date of public hearing as November 23, 2020, in
conjunction with the FY 2021 Leversee Road Lift Station Project, Contract No. 983, and
instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-779
4. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as November 5, 2020 and date of public hearing as November 9, 2020, in
conjunction with Demolition Services, Contract No. RD-2020-11-02P, located at 508
Bratnober Street and 811 Williston Avenue, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-780
b. Motion to approve the following:
I• Approved Beer, Liquor, and Wine Applications
Name &Address of Class New or Expiration Includes
Business Renewal Date Sunday
a. The Loft, 710 Jefferson Class C Liquor New 1/13/2021 X
Street#4
b. Knights of Pythias- Class C Liquor Renewal 9/16/2021 X
Feurgerson Lodge #5, 244 w\Outdoor Service
Ash Street
c. K-Zar, 1761 Independence Class B Wine and C Beer Renewal 10/13/2021 X
Ave.
d. The Comfort Zone, 213 E. Class C Liquor Renewal 1/17/2021 X
5th Street
e. Chapala Mexican Restaurant, Class C Liquor New 10/01/2021 X
900 LaPorte Road
2. Motion approving Change Order No. 1 with Advanced Environmental Testing and Abatement, Inc.,
of Waterloo, Iowa, for a net decrease of $4,378, in conjunction with asbestos abatement services,
Contract No. AB-2020-08-8P, and authorizing the Mayor to execute said document.
Roll Call vote-Ayes: Seven. Motion carried.
RESOLUTIONS
159214 - Morrissey/Boesen
that "Resolution approving the process of mud jacking for residential and commercial repair of
concrete sidewalk sections that have sunk or become uneven and are not fractured, cracked, or
broken", be adopted. Roll call vote-Ayes: One. Nays: Six (Boesen, Amos, Klein, Feuss, Grieder,
and Juon). Motion failed.
David Dryer, 3145 W. 4th Street, commented that he is not clear on the cost for mudjacking.
October 19, 2020 Page 3
Rich Penn, 318 Wellington Street, made commented that he had a long presentation prepared and that
over the weekend he spent time condensing the material. He commented that he would speak on four
points, including his background, the background on the way he thinks through a process, the actual
process, and the impacts and unintended consequences of a process.
Discussion occurred between Mr. Morrissey, Mayor Hart, and Mr. Penn regarding how presenting
information and discussing this topic with the public and council should occur.
Tim Combs, BC Construction, Inc., commented that he has done mudjacking for twenty years. He
called around to several cities to see if they allow mudjacking and many do allow it,but those that do
generally prohibit utilizing the polyfill system.
Rick Penn, spoke regarding his background in marketing and historic home restoration. He shared
four points that guide his thinking in analyzing problems and applied these points to the sidewalk
assessment program.
Mr. Morrissey commented that numerous communities in Iowa allow mudjacking as it saves
individuals a lot of money. He commented that he believes people should have an option to choose
what they wish to do with their money.
Mr. Boesen commented that he believes that in order to repair concrete it is essential to look at the
soil. He stated that he could agree with mudjacking but that an inspection process would need to be
established.
Mr. Grieder commented that sidewalks are a public good not only for the property owner but also for
the people using the sidewalk. He stated that he does not believe that mudjacking is a proper solution.
Mrs. Klein commented that she would follow the recommendation of the City Engineer and not allow
mudjacking.
Mrs. Juon commented that she shared Mr. Grieder and Mrs. Klein's sentiment and does not support
allowing mudjacking. In addition, she shared that she is not convinced that this will save the public
money.
Mr. Feuss commented that he supports a permit compromise in the future and that he likes the idea of
providing citizens with cost relief for sidewalk repair. He stated that at this time he does not think the
city is prepared to move forward with allowing mudjacking.
Mr.Amos commented that he understands what Mr.Morrissey is doing from the standpoint of helping
citizens out with cost. He has concern about allowing mudjacking as it does not repair the soil below
and that he supports sticking with the process as it is.
Mr. Morrissey commented that he is unsure if the council did homework on this topic but he spoke to
fifteen communities on this issue and the majority allowed mudjacking.
Resolution failed. Assigned No. 2020-781
159215 - Klein/Boesen
that "Resolution approving Consent to Transfer and Assignment Agreement with Bob C. Moore and
401 Devonshire, LLC, for property located at 401 Devonshire Drive, and authorizing the Mayor and
City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Boesen requested an overview as the development has been to council several times for
amendments.
Noel Anderson,Community Planning and Development Director,explained that construction has been
progressing on the project but the developer wanted to put the project in a different LLC.
Resolution adopted and upon approval by Mayor assigned No. 2020-782
October 19, 2020 Page 4
159216 - Klein/Boesen
that "Resolution approving a Real Estate Purchase Agreement with AYE LLC, in the amount of
$34,000 with up to $5,000 in closing costs, to purchase a lot south of 3175 Logan Avenue, parcel
number 8913-02-476-048, and authorizing the Mayor and City Clerk to execute said document", be
adopted. Roll call vote-Ayes: Four. Nays: Three (Boesen, Klein, and Grieder). Motion carried.
Mr. Boesen questioned if someone is interested in building on the lot.
Noel Anderson commented that they have shown the property to three companies and told them that
the city is looking to purchase the property.
Mr. Boesen questioned if the property would need to be rezoned.
Noel Anderson confirmed.
Mr. Boesen made comments regarding the size of the property and the difficulty its size may present
for development and the property's proximity to residential housing.
Noel Anderson commented that they would look at the surrounding uses to make sure that the
development meshes well with those.
Resolution adopted and upon approval by Mayor assigned No. 2020-783
159217 - Klein/Boesen
that"Resolution approving an Encroachment Agreement with Scott Ford to allow for a 27-foot by 28-
foot accessory structure, located at 1661 Wakonda Drive, that encroaches 3-foot into the right-of-way
of West Donald Street, and authorizing the Mayor and City Clerk to execute said document", be
adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Boesen requested an overview of the item.
Noel Anderson, Community Planning and Development Director, explained the need for the
encroachment agreement. He added that Mid-American Energy had been contacted to ensure the
roofline of the addition did not interfere with utility pole wires.
Resolution adopted and upon approval by Mayor assigned No. 2020-784
159218 - Klein/Boesen
that "Resolution approving the Economic Development Assistance Grant Contract with Lincoln
Savings Bank and Iowa Economic Development Authority, Contract No. 20-HQJP-016, and
authorizing the Mayor to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-785
159219 - Klein/Boesen
that "Resolution approving Amendment No. 2 to a Professional Services Agreement with Invision
Architecture, LTD, originally executed September 19, 2020, in conjunction with the Waterloo Center
for the Arts Parking Redevelopment Phase II Project, and authorizing the Mayor and City Clerk to
execute said documents",be adopted. Roll call vote-Ayes: Seven. Motion carried.
Noel Anderson,Community Planning and Development Director,provided an overview of the project.
Mr. Boesen questioned if the parking is for the mixed-use building located at 302 Commercial.
Noel Anderson commented that 302 Commercial has parking available between them and the tattoo
shop.
Resolution adopted and upon approval by Mayor assigned No. 2020-786
October 19, 2020 Page 5
159220 - Klein/Boesen
that"Resolution approving the work with Shakespeare Lighting Design, LLC, for activities described
in Fee Estimate document, for a total of$12,625, with Waterloo Development Corporation providing
50 percent matching funds, for a City commitment of up to $6,312.50, in conjunction with the 4th
Street Bridge and River Cascades Lighting Designs for Downtown Waterloo, 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. 2020-787
159221 - Boesen/Klein
that "Resolution approving Supplemental Agreement No. 1, to a Professional Services Agreement
with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed May 4, 2020, in an
amount not to exceed $29,500, in conjunction with the FY 2021 Waterloo Regional Airport Water
Main Improvements - Phase I Project, Contract No. 1033, 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. 2020-788
159222 - Boesen/Klein
that "Resolution approving the Animal Control Services Agreement with the City of Cedar Falls
commencing November 1, 2020 thru October 31, 2023,with an increase not to exceed 2.5 percent per
year, 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. 2020-789
ADJOURNMENT
159223 - Boesen/Klein
that the Council adjourn at 7:04 p.m. Voice vote-Ayes: Seven. Motion carried.
Kelley �elchle
Kelley Felchle
City Clerk