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HomeMy WebLinkAbout11.16.20.council_minutesNovember 16, 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 16, 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: Kelley Felchle, City Clerk 159275 - Juon/Grieder that the Agenda, as amended, Item 1.A.3 to correct the purchase price to read $260,400, for the Regular Session on Monday, November 16, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 159276 - Juon/Grieder that the Minutes, 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. ORAL PRESENTATIONS Dixon Stuelke, 421 Belmont Avenue, apologized to the Waterloo School District for judging their decision on keeping schools open during COVID as he learned that the schools hands are tied by lawmakers in Des Moines. He explained that the city needs to pressure the higher ups in Des Moines to listen to science and scientists and take COVID seriously. He asked that the city create a hotline and website to compile a list of businesses that are requiring mask wearing and enforce mask wearing. David Dryer, 3145 W. 4th Street, commented that he sees only one council member opposed to holding two meetings per month. He shared that it is frustrating that there is little time to get answers to agenda items. He explained that it is a great suggestion to release the agenda one week ahead to council or half a week ahead for the public and that it should be implemented now. He commented that the council members should hold monthly board meetings if the council moves to two meetings per month. He added that it is important for the police department to find highly qualified candidates Forest Dillavou, 1725 Huntington Road, commented that a first time watcher, Emily Kerr, has joined the council meeting. He commented on the new housing units planned for the Iry Warren Golf Course area and questioned why the city would choose to pay this developer $25,000 to build four rental units when members of council recently suggested incentivizing individuals to move out of rentals and buy a home by giving them $5,000 each. Mrs. Klein commented that there was a petition going around about the griffin patch. She had a lot of calls about it and didn't know anything about the petition. She stated that the committee was formed fairly by the council and is very bothered that a city department would start a petition to block the work of the committee. She added that the petition is to get the griffin patch question on the ballot. Mrs. Juon commented that it would be good to list the businesses on the city website that do not comply with the mask mandate. She shared that she was also upset that a city department put together a petition and that the other side of the issue put together a petition as well. She asked that the committee have a shot to come up with an option. Mayor Hart commented that the governor has a big announcement at 6:00 p.m. tonight about closures. Mr. Boesen questioned how the public input meeting held by AECOM would be held. Mayor Hart explained that the meeting will be held virtually and that updated information has been sent out to the public. Mr. Morrissey commented that he takes exception to council statements regarding the Human Rights Commission's petition on the insignia. He explained that the Human Right's position on the issue November 16, 2020 Page 2 was not given the opportunity to be heard on the night of the discussion and said that the he stands with the Human Right's Commission and has signed their petition and asks others to also sign. Mrs. Juon commented that the council did receive the letter from the Human Rights Commission prior to voting in August. She explained that the action taken was to remove the insignia and the committee needs to be given the opportunity to decide what it will be replaced with. She further commented that to receive the letter again from the Human Rights Commission in the form of a petition was totally inappropriate and subversive to the actions of the committee that was established. Mr. Morrissey objected to council member Juon referring to the Human Rights Commission's action of sticking up for the human rights of individuals within the community as being inappropriate, and being subversive, is absolutely abhorrent. He asked that the council member retract her statements. Mayor Hart explained that a committee has been formed and its members have been named. Regardless of the feelings on either side, they need to do the work they have been assigned. Mrs. Klein commented that Mr. Morrissey is out of line to chastise anyone on the council. She explained that she feels the action was done sneakily and below expected behavior. She commented that she has heard from people that this action has created tension. If all the city departments are weighing in like this, individually, then the "fix is in". She further commented that if this kind of attitude with a council member and within our city administrators, perhaps the people are right. Let the people of Waterloo vote on this. Mrs. Juon expressed her disappointment and is offended that councilperson Morrissey would imply she does not care about the commission. She went on to explain that once council votes, it is the city department's role to support what council does, whether they like it or not. Every department has done that with exception of this one department. 159277 - Juon/Morrissey that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 159278 - Juon/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 November 16, 2020, in the amount of $1,338,885.68 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. 2020-831. 2. Resolution approving Completion of Project and Acceptance of Work for work performed by Huff Contracting Inc., of Waterloo, Iowa, at a total cost of $279,305, in conjunction with the construction of the new Gates Park Golf Course Maintenance Building. Resolution adopted and upon approval by Mayor assigned No. 2020-832. 3. Resolution authorizing an exception to the City of Waterloo Purchasing Procedures Policy to approve the purchase of a demonstration unit garbage truck, in the amount of $260,250, from Elliott Equipment of Davenport, Iowa. Resolution adopted and upon approval by Mayor assigned No. 2020-833. 4. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as December 3, 2020 and date of public hearing as December 7, 2020, in November 16, 2020 Page 3 1. 2. conjunction with Demolition Services, Contract No. RD-2020-12-01P, located at 115 Sumner Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-834. 5. Resolution setting date of public hearing as December 7, 2020 to approve a request of Mark Evert/Evert Homes, LLC, to rezone 0.365 acres from "R-1" One and Two Family Residence District to "R-3,R-P" Planned Multiple Residence District, to construct a five unit condominium located at 146 Martin Road, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-835. b. Motion to approve the following: a. b. c. d. a. b. c. d. e. f. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Rob Camarata, Police 17 officers Advanced Search and Seizure Waterloo, IA December 1, 2020 52,200 Chris Gergen, Sgt. Defensive Tactics Instructor Recertification Course Johnston, IA December 31, 2020 $197 Hoelscher/Raulapaugh, Police Bomb Technician Recertification Course Huntsville, Alabama 11/29-12/4, 2020 $350.00 Nathan Watson, Police Unexploded Military Ordinance School Des Moines, IA November 30 - December 11, 2020 $200 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Guddi Mart, 306 Byron Avenue E Liquor Renewal 10/17/2021 x Kwik Star #380, 506 W. 9th Street C Beer Renewal 11/18/2021 x Locker Room Lounge, 1918 Hawthorne Avenue C Liquor w/Outdoor Service Renewal 12/31/2021 x Neighborhood Mart, 2102 Lafayette Street B Wine / C Beer / E Liquor Renewal 11/14/2021 x The Saloon, 303 W. 4th Street C Liquor w/Outdoor Service Renewal 11/14/2021 x West Side Liquor, 919 W. 5th Street B Wine / C Beer / E Liquor Renewal 12/21/2021 x 3. Motion approving Change Order No. 1 with Huff Contracting Inc., of Waterloo, Iowa, for a total increase of $114, in conjunction with the construction of the Gates Park Golf Course Maintenance Building and authorizing the Mayor to execute said documents. 4. Motion approving Change Order No. 5 with Cardinal Construction, of Waterloo, Iowa, for a net increase of $1,698.56, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Project, and authorizing the Mayor to execute said document. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 159279 - Morrissey/Feuss November 16, 2020 Page 4 that proof of publication of notice of public hearing on snow removal contract for residential/miscellaneous areas for city owned lots generally acquired through Iowa Code 657A, as published in the Waterloo Courier on November 6, 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. 159280 - Morrissey/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 159281 - Morrissey/Feuss that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-836. 159282 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Total Bid Amount B&B Lawn Care, Inc. Waterloo, IA 5% check $12.74 per lot/occurrence Voice vote -Ayes: Seven. Motion carried. 159283 - Morrissey/Feuss that "Resolution approving award of bid to B & B Lawn Care Inc., of Waterloo, Iowa in the amount of $12.74 per lot/occurrence, approving the contract, bond, and certificate of insurance, in conjunction with the snow removal of residential/miscellaneous area for city owned lots generally acquired through Iowa Code 657A, 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. 2020-837. RESOLUTIONS 159284 - Klein/ Feuss that "Resolution approving an application to the Black Hawk County Gaming Association in the amount of $20,000 for the Waterloo Aquatics Master Plan", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-838. 159285 - Klein/ Feuss that "Resolution approving the City of Waterloo Municipal Golf Rates for the 2021 season", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-839. 159286 - Klein/Feuss that "Resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 1st Addition, a 3-lot commercial subdivision located east of 2510 Leversee Road, rescinding resolution 2020-616, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. November 16, 2020 Page 5 Resolution adopted and upon approval by Mayor assigned No. 2020-840. 159287 - Feuss/Amos that "Resolution approving Electric Distribution System Proposal with MidAmerican Energy Company in the amount of $327,736.50 for the construction and provision of electric lines along Leversee Road, in conjunction with the Waterloo Air and Rail Park, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen commented that he was surprised that the city has to pay MidAmerican Energy to bring electric lines. He questioned if the cost is refundable dependent on us selling and developing the lots. Noel Anderson, Community Planning and Development Director, confirmed that is correct. Mr. Boesen clarified that it is possible we won't get the full amount back if all of the lots aren't sold within the ten years allowed by contract. Noel Anderson confirmed. Resolution adopted and upon approval by Mayor assigned No. 2020-841. 159288 - Feuss/Amos that "Resolution approving an Amendment to the Development Agreement with Robert Castro Construction, originally executed July 24, 2017, adding Infill Policy incentives, in the amount of $10,000, for the completed project, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Two. Nays: Five (Boesen, Klein, Feuss, Grieder, and Juon). Motion failed. Forest Dillavou, 1725 Huntington Road, questioned if this property is located on Williston Avenue, and if so, he believes it has been sold and the development agreement is late. Noel Anderson confirmed the property is located on Williston. He explained that the property was obtained through the 657A program and was in pretty rough condition. Mr. Castro recently received the certificate of occupancy for the building, and though the exterior work may have been done for a while, interior work was ongoing. He commented there was an error by staff to provide the correct development agreement to Mr. Castro, but that Mr. Castro did qualify for the incentive. Mr. Boesen commented that the city is almost three and a half years into the development agreement. Nowhere in the development agreement was an incentive listed other than the down payment for the house. In addition, the development agreement clearly says that the developer was to take out permits within 30 days, however the first permit didn't get taken out until February 2018. The permit value was $61,130 and with the $10,500 down payment, the house sold in March 2020 for $168,000. That house is now a beautiful home but he commented that he is apprehensive about development agreements coming back three and half years later to amend to give money away that wasn't in the original agreement reviewed and signed by both parties. Mrs. Juon questioned why an incentive is being given now when the city did not originally agree to provide that money. Noel Anderson commented that Mr. Castro came in to ask about the incentive, as he believed it was in the agreement that he signed. He explained that had staff initially prepared the correct development agreement, Mr. Castro would have qualified for the incentive and that is why they have decided to send this amendment through for approval. He further explained that Mr. Castro has been a good partner on other projects. Mrs. Juon questioned why after signing an agreement that didn't have the incentive in there, would Mr. Castro think he'd be eligible after the fact. Noel Anderson reiterated his comment on what Mr. Castro said to him. November 16, 2020 Page 6 Mrs. Klein commented that she has a problem with these leaky development agreements. She stated that it seems like the city has to be held to a standard but that the developers do not have to follow start dates and timelines on financing. Mr. Amos questioned if the city is obligated to pay the $10,000. Noel Anderson commented that both parties are bound by the signed agreement, so he is unaware of any recourse. Mr. Amos questioned if it was an oversight, or was Mr. Castro not seeking the incentive at that time. Noel Anderson commented that it appears to have been an oversight by staff. Mr. Morrissey questioned if the city attorney could weigh in on this. Martin Petersen, City Attorney, commented that he has not seen the development agreement and is not comfortable providing an opinion. Mr. Boesen commented that anyone can seek legal judgement against anyone, frivolous or not. This is a contract signed by the City and Mr. Castro. He questioned who reviews the contracts before they go out. Noel Anderson explained that generally an attorney would draft the agreement, but that would be a draft from the staff person's write-up of what we need in it. Then ultimately, he himself would review it before going to council. Mr. Boesen questioned who signs the agreement. Noel Anderson explained that it is first signed by the applicant to send to council, then after council approval it is signed by the Mayor and City Clerk. Mr. Boesen commented that the applicant would have reviewed the agreement, and possibly his attorney, prior to signing it. Noel Anderson confirmed. Mrs. Klein questioned if Mr. Castro missed his development deadline to start, would that not make the contract null and void. Martin Petersen commented that a typical contract would contain a remedy if a party does not conform on time. Mrs. Klein questioned if the agreement has wording in it to provide a remedy for non-performance. Noel Anderson commented that there is generally wording in the contract about start dates. He would have to check the document to be certain. Mrs. Klein commented that the city needs to tighten up our contracts and get serious about the dates we set and the performance of the developers. Mr. Boesen provided the dates that were in the contract. Mayor Hart explained that the process of fixing up 657A houses doesn't always take the same route as other projects, and that refurbishing these homes is a good thing whether or not the time constraint are met. Mrs. Juon commented that she appreciates Mr. Castro's work but shame on both the city and developer for not catching the incentives that should have been applied. She added that she cannot support this agreement. Mr. Morrissey questioned how long Mr. Castro has been rehabilitating 657A homes. Resolution failed. Mayor assigned No. 2020-842. November 16, 2020 Page 7 ADJOURNMENT 159289 - Boesen/Grieder that the Council adjourn at 6:20 p.m. Voice vote -Ayes: Seven. Motion carried. Kellei felchle 1011 Kelley Felchle City Clerk