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HomeMy WebLinkAbout11.09.20 council minutesNovember 9, 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, November 2020, 2020. Mayor Quentin Hart in the Chair. Roll Ca11: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone. Prayer or Moment of Silence. Pledge of Allegiance: Joe Leibold, Police Major and Kelley Felchle, City Clerk 159258 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, November 9, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 159259 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, November 2, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Dixon Stuelke, 421 Belmont Avenue, commented that the schools are not planning to move to virtual learning. He stated that he believes the schools are misrepresenting the data and putting the children and adults at risk. He explained that studies show that children can catch covid, remain unsystematic, and potentially kill a parent. He urged the schools to move to all online learning. Forest Dillavou, 1725 Huntington Road, stated that he does not support the council move two meetings per month. He agreed that 3:30 is too early to start a work session. John Sherbon, 1715 Robin Road, questioned if the city is going to gain anything by moving to two meetings per month. He stated that the turnaround time currently is too short for the public to dive into the agenda. He recommended publishing the agenda one week in advance. Mrs. Klein commented that Mr. Anderson stated at the last council meeting that the All -In Grocery Store had taken out a permit for the foundation and she is clarifying that was not a recent event, the permits were taken out about a year ago. She had misunderstood this and feels others may have also misunderstood. Noel Anderson, Community Planning and Development Director, commented that the foundation permits were updated and are being readied to be issued which mean they can begin to start work whenever they are ready. There had been foundation permits approved before, but they had expired, so we are excited to see that they have been resubmitted and hopefully that leads to construction soon. Mrs. Klein questioned if the updated development agreement will be delivered to council for approval soon. Noel Anderson commented that they are working with them on a definite date to break ground and hopes to get something to council very soon. Mr. Morrissey thanked Randy Bennett for improving the lighting at the yard waste sight now that daylight savings time is in effect. He asked that lights also be put up at the gate on Independence Avenue and along the road while the site is open and during daylight savings time. He stated that he had asked for a copy of the current sale of land policy from Mr. Anderson, mow to own incorporated into the policy, as it relates to 657A Properties and questioned when he will receive it. He encouraged the council to contact the school board about Mr. Stuelke's comments. Mrs. Juon questioned if the reason the schools have not closed is that the governor has set guidelines for when schools can resume virtual learning. She asked the Mayor to pass along the council and staff's thank you to veterans on Veterans Day. Mayor Hart thanked all veterans for their sacrifice and service. He shared that a small meeting was held with Black Hawk County Public Health to discuss the sharp increase in the number of Covid cases, then shared that he has tested positive for Covid and contracted it from a family member. He November 9, 2020 Page 2 said that he is doing well. He shared that the city is continuing to meet internally as a staff with our Covid Response Team and monitor what's taking place inside the city as well as outside the city building as well. He thanked the city council for not being afraid to put a mask mandate into place. He stated that they would be challenging the County Board of Supervisors to pass a mask mandate and added that this is not about politics, it is about safety. He shared that he visited the E.R. with a family member last week, and due to the high number of people waiting, they were not able to see an ER physician for over three hours. He explained that there were lines extending outside waiting to be seen and stressed the seriousness of the situation our community is facing. 159260 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 159261 - Juon/Feuss 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 November 9, 2020, in the amount of $6,952,977.96 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. 2020-816. 2. Resolution approving cancellation of assessment for property located at 1804 E. 4th Street, in the amount of $455.09, and property located at 214 Cottage Street, in the amount of 350.75, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2020-817. 3. Resolution approving request of Kevin Mienders for a waiver for a concrete driveway located at 427 Belle 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. 2020-818. 4. Resolution approving award of bid to B & B Builders and Supply, of Waterloo, Iowa, in the amount of $69,722, and approving the contract, bond and certificate of insurance in conjunction with the FY 2021 Leisure Services Chemical Building Apron Paving Project, Contract No. 1039, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-819. 5. Motion approving final quantity adjustment for a net increase of $3,198.15, for Brock Even Construction, LLC, in conjunction with the FY 2020 Sidewalk and Trail Repair Program - Zone 10, Contract No. 1009, and authorizing the Mayor and City Clerk to execute said document. 6. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Brock Even Construction, LLC, of Jesup, Iowa, at a total cost of $409,429.70, in conjunction with the FY 2020 Sidewalk and Trail Repair Program Zone 10, Contract No. 1009, and receive and file two year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2020 7. Motion approving final quantity adjustment, for Vieth Construction Corporation, for a net decrease of $5,915, in conjunction with the FY 2020 Levee Tree Removal Project, Contract No. 990, and authorizing the Mayor and City Clerk to execute said document. November 9, 2020 Page 3 2. 8. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $87,791.88, in conjunction with the FY 2020 Levee Tree Removal Project, Contract No. 990, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2020-820. 9. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 17, 2020, to be let by the Iowa Department of Transportation November 17, 2020, and date of public hearing as November 23, 2020, in conjunction with the FY 2021 Shaulis Road Trail Extension - Phase II (TAP-U-8155(766)-8I-07), Contract No. 1012, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-821. 10. Resolution approving the request of Deno Cejvanovic for tax exemptions on the construction of a new single family home valued at $285,000, for property located at 1810 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-822. 11. Resolution approving the request of Anna Trower for tax exemptions on the construction of a new single family home valued at $203,631, for property located at 1650 Blue Wing Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-823. 12. Resolution approving the request of Gary and Susan Gielau for tax exemptions on the construction of a new single duplex unit valued at $378,000 for property located at 3807 Trent Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-824. b. Motion to approve the following: a. b. c. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Kings and Queens Club, 304 W. 4th Street C Liquor w/Outdoor Service Renewal 11/15/2021 x Knights of Pythias- Furgerson Lodge #5, 244 Ash Street *Ownership Update* C Liquor w/Outdoor Service New 9/16/2021 x New Star Liquor, 1625 W. 4th Street B Wine / C Beer / E Liquor Renewal 12/10/2021 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Matthew Chapman Electrical Examiners and Appeals Board November 10, 2023 Re -Appointment Richard Mott, Jr. Electrical Examiners and Appeals Board November 10, 2023 Re -Appointment Mike Fereday HVAC Mechanical Board for Licensing and Appeals November 10, 2023 Re -Appointment Travis Young HVAC Mechanical Board for Licensing and Appeals November 10, 2023 Re -Appointment Julie Gardner HVAC Mechanical Board for Licensing and Appeals November 10, 2023 Re -Appointment November 9, 2020 Page 4 Roll call vote -Ayes: Seven. Motion carried. 159262 - Morrissey/Feuss Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Brock Even Construction, LLC, of Jesup, Iowa, at a total cost of $409,429.70, in conjunction with the FY 2020 Sidewalk and Trail Repair Program - Zone 10, Contract No. 1009, and receive and file two-year maintenance bond. Roll -call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned what happens to the concrete that is removed, does B&B get paid to deliver the discarded concrete and is it in turn sold back to the City of Waterloo. Jamie Knutson, City Engineer, explained that the contract is let in such a way that the contractor is responsible for disposing of the concrete that is taken out and has the option to take the material to a few different place. That material is crushed into an aggregate form and that can be used as street base, shoulder material, or fill material. The city pays the contractor to haul it away, and the city has at times, used the recycled concrete. The cost for the recycled material is about the same as virgin material. Mr. Morrissey clarified that the city is buying the material back. Jamie Knutson commented that it depends. The city may use virgin rock or recycled concrete and the cost difference between the two is small. Resolution adopted and upon approval by Mayor assigned No. 2020-825. PUBLIC HEARINGS 1592623 - Morrissey/Grieder that proof of publication of notice of public hearing on Demolition Services, Contract No. RD-2020- 11-02P, located at 508 Bratnober Street and 811 Williston Avenue, as published in the Waterloo Courier on October 27, 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. 159264 - Morrissey/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 159265 - Morrissey/Grieder that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Boesen commented that the Bratonober house is a pile of rubble. He asked for an explanation of why the project is so expensive. Noel Anderson, Community Planning and Development Director, explained the RACEM process and the high cost of removing the homes. Mrs. Klein questioned how long homeowners have to address a burned home. Noel Anderson explained that he would need to look into the state code for the timelines. Resolution adopted and upon approval by Mayor assigned No. 2020-826. 159266 - Morrissey/Grieder November 9, 2020 Page 5 Motion to receive and file and instruct City Clerk to read bids and refer to Community Planning and Development Director for review. Bidder Bid Security Bid Amount Earth Services & Abatement Des Moines, IA 5% $128,015 Voice vote -Ayes: Seven. Motion carried. 159267 - Amos/Grieder that proof of publication of notice of public hearing on Aviation No Fee Agreement with the Iowa National Guard for use of City owned property located east of 3210 Moline Road, with a parcel number of 8912-06-351-003, for a term ending August 31, 2040, as published in the Waterloo Courier on October 30, 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. 159268 - Amos/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 159269 - Amos/Grieder that "Resolution approving the Aviation No Fee Agreement with the Iowa National Guard, for property located east of 3210 Moline Road, for a term ending August 31, 2040, 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. 2020-827. RESOLUTIONS 159270 - Grieder/Boesen that "Resolution adopting a face mask mandate for the City of Waterloo", be adopted. Roll call vote - Ayes: Seven. Motion carried. Forest Dillavou, 1725 Huntington Road, questioned who will enforce the mandate and if it includes fines. Mayor Hart commented that the city cannot issue citations. What the city has seen is that businesses have increased the requirement that patrons have to wear masks. Mr. Grieder commented that the community is currently at 25 percent 14 day rolling positivity. Allen Hospital informed the public that they are full and Mercy One is at critical status. The University of Iowa Hospital's CEO shared in an email to his employees, that while some hospitals might have beds they will not have the staff to provide for patient care. In two weeks, we have seen 2,000 cases and death counts have risen. We have to do better. He shared that the facemask mandate is helping but people need to continue washing hands. Mr. Boesen commented that the last time this was on council he voted against it, as there is no way to enforce it. He commented that if all the cities in the metro could get on board it will help the hospitals have the ability to care for patients. He shared that he would be in favor of amending this to span twelve weeks. Mr. Morrissey shared that this is the third time the council is bringing this forward and questioned if the resolution could be in effect until a vaccine is made available to the general population. Mr. Grieder commented that he is amenable to making this to be 12 weeks, which will get us through the holidays and into early next year, but thinks that the definitions could become difficult very quickly if we say based on a vaccine. November 9, 2020 Page 6 Mr. Morrissey questioned if listing a particular date, such as February 9, rather than a specific week allowing council to know when it would be time to revise again if necessary. Mrs. Klein commented that the numbers have exploded and has seen that wearing a mask is not helping. She explained that she is concerned about the amount of worry Covid and the mandate creates in the community. 159271 - Boesen/Grieder To amend the resolution extending the time to 12 weeks not 6 weeks. Roll Call: Six. Nays: One (Klein). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-828. 159272 - Grieder/Boesen that "Resolution approving submission of a grant application to the Black Hawk County Gaming Association in the amount of $820,000 including an estimated City matching contribution of approximately $1 million for Phase 3 improvements to the Convention Center", be adopted. Roll call vote -Ayes: Seven. Motion carried. Forest Dillavou, 1725 Huntington Road, questioned where the $1 million would come from. Michelle Weidner, Chief Financial Officer, explained that bonds would be used unless charitable donations are received. Resolution adopted and upon approval by Mayor assigned No. 2020-829. 159273 - Grieder/Boesen that "Resolution authorizing an exception to the City of Waterloo Purchasing Procedures Policy to approve the purchase of a used 2019 Ford Transit 150 Van, in the amount of $28,465, for the Center for the Arts", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-830. ADJOURNMENT 159274 - Grieder/Feuss that the Council adjourn at 6:20 p.m. Voice vote -Ayes: Seven. Motion carried. Ke/le# �elc/le Kelley Felchle City Clerk