HomeMy WebLinkAbout11.23.20_council_minutesNovember 23, 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 23, 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: Mayor Quentin Hart
159290 - Juon/Grieder
that the Agenda, as proposed, for the Regular Session on Monday, November 23, 2020, at 5:30 p.m.,
and the Minutes, as proposed, for the Regular Session on Monday, November 16, 2020, be accepted
and approved. Voice vote -Ayes: Seven. Motion carried.
Proclamation declaring November 28, 2020 as Small Business Saturday.
Proclamation declaring December 1, 2020 as Civil Air Patrol Day.
ORAL PRESENTATIONS
Dixon Stuelke, 421 Belmont Avenue, spoke to the council with information regarding Covid-19
policies for prevention, mask and public gathering mandates and encouraged the Council to publicly
express support of the science behind the mandates.
David Dryer, 3145 W. 4th Street, commented regarding removal of the griffin and actions of a city
department contradictory to the council committee formed to research use of the griffin. Dryer
suggested the public be allowed to vote on the issue and that an even number on this committee
would never work as any vote would end in a tie.
Mr. Grieder commented about a report regarding a lawsuit filed against Tyson for associated Covid-
19 fatalities. Mr. Grieder feels the corporate culture at Tyson needs to change at this facility and that
the administration need to do some house cleaning to make sure these things do not happen in the
future.
Mrs. Juon addressed Mr. Dryer's comments saying the Council did ask for and continues to receive
public input on use of the griffin and police re -branding and that she doesn't understand the
comments about an even number of members when the council is made up of seven not six
members.
Mrs. Klein cautioned the council from making public comments with regards to a private business's
legal matters.
159291 - Juon/Amos
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
159292 - Juon/Amos
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 23,
2020, in the amount of $6,488,313.14 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. 2020-843.
November 23, 2020 Page 2
a.
2.
2. Resolution approving the City of Waterloo Annual Financial Report for the Fiscal Year
ended June 30, 2020, and authorizing the publication of the report and submission to the
State of Iowa.
Resolution adopted and upon approval by Mayor assigned No. 2020-844.
3. Resolution setting the date of a public hearing as December 7, 2020, to approve a request by
the City of Waterloo to vacate a platted 1,050 square foot section of City right-of-way along
Park Avenue in between Washington Street and South Street, located north of 505 South
Street, and rescinding Ordinance No. 4850, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-845.
4. Resolution setting date of public hearing as December 7, 2020 to authorize the sale and
conveyance of city owned property located at 1644 Logan Avenue, to Debra Kay Hodges
Harmon, in the amount of $5,000, and to approve a Development Agreement, to include a
schedule of improvements and incentives for the rehabilitation of the house, refund of the
purchase price of $5,000, a rehabilitation grant of $5,000, and instruct City Clerk to publish
notice.
Resolution adopted and upon approval by Mayor assigned No. 2020-846.
5. Resolution approving award of contract to Earth Services and Abatement LLC, DBA Iowa
Demolition of Des Moines, Iowa, in the amount of $128,015, and approving contract, bond
and certificate of insurance, for Contract No. RD-2020-11-02P in conjunction with
Demolition and Site Clearance Services at 508 Bratnober Street and 811 Williston Avenue,
and authorizing the Mayor and City Clerk to execute said documents.
6.
Resolution adopted and upon approval by Mayor assigned No. 2020-847.
b. Motion to approve the following:
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Senada Muhic, Bookkeeper/
Administrative Assistant
Housing Choice Voucher
(HCV) Financial
Accounting and
Reporting, and
Certification Exam
Online
February
15-17, 2021
$892.50
a.
b.
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
The Brown Bottle, 209 W.
5th Street
C Liquor
Renewal
10/21/2021
x
Ari'z, 504 Sycamore Street
*6 months*
C Liquor w/Outdoor
Service
New
5/9/2021
x
3. Motion approving Change Order No. 2, with Woodruff Construction, LLC, of Waterloo, Iowa, with a
project credit of $4,557, for additional work based on a time and materials, to perform additional
improvements to both the exterior EFIS Wall System and to the interior office areas of Aircraft Storage
Hangar No. 4, at Waterloo Regional Airport, and authorize the Mayor to execute said document.
4. Motion approving change order No. 1 to KW Electric contract for the construction of Greyhound and
Ridgeway intersection traffic safety improvements, Iowa DOT grant project number CS-TSF-
8155(762)--85-07, for a net deduction of $35,873, and authorizing the Mayor to execute said
document.
November 23, 2020 Page 3
5. Bonds.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
159293- Morrissey/Grieder
that proof of publication of notice of public hearing on Public Works Facility Janitorial Services
Contract, as published in the Waterloo Courier on November 9, 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.
159294 - Morrissey/Grieder
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
159295 - Morrissey/Grieder
that "Resolution confirming approval of specifications, bid documents, form of contract, etc., and
authorizing to proceed", be adopted.
Mr. Morrissey asked that the Public Works Director provide information to the council regarding
employee wages, benefits, covid protections, administrative/managerial duties and profits in relation
to this contract.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-848.
159296 - Morrissey/Grieder
Motion to receive and file and instruct City Clerk to read bids and refer to Public Works Director for
review.
Bidder
Bid Security
Total Bid Amount
Midwest Janitorial Service, Inc.
Hiawatha, IA
Ck# 1006
$2,300
$3,839.95/month
ABM Janitorial
Waterloo, IA
5%
$3,464.27/month
Marsden Building Maintenance
Waterloo, IA
o
5 /o
$2,431.72/month
Voice vote -Ayes: Seven. Motion carried.
159297 - Amos/Feuss
that proof of publication of notice of public hearing on FY 2021 Leversee Road Lift Station, Contract
No. 983, as published in the Waterloo Courier on November 9, 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.
159298 - Amos/Grieder
that the hearing be closed and oral and written comments be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
November 23, 2020
Page 4
159299 - Amos/Grieder
that "Resolution confirming approval of plans, specifications, form 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. 2020-849.
159300 - Amos/Grieder
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Bidder
Bid Security
Total Bid Amount
On Track Construction, LLC
Nevada, Iowa
5%
$888,352
Vieth Construction Corporation
Cedar Falls, IA
°
5 /o
$813,605
Arends Excavating
Waterloo, IA
Ck #044270
$588,805.66
Boomerang Corporation
Anamosa, IA
5%
$817,545
Pirc Tobin Construction, Inc.
Waterloo, IA
°
5 /o
$902,605.50
Peterson Contractors, Inc.
Reinbeck, IA
5%
$1,048,993.75
Voice vote -Ayes: Seven. Motion carried.
159301 - Feuss/Grieder
that proof of publication of notice of public hearing on FY 2021 Shaulis Road Trail Extension - Phase
II Project, Contract No. 1012, as published in the Waterloo Courier on November 18, 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.
159302 - Feuss/Grieder
that the hearing be closed and oral and written comments be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
159303 - Feuss/Grieder
that "Resolution confirming approval of plans, specifications, form 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. 2020-850.
RESOLUTIONS
159304 - Klein/Juon
that "Resolution approving Supplemental Agreement No. 1, to a Professional Services Agreement
with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed June 26, 2017, in an
amount not to exceed $69,900, in conjunction with the Levee Sanitary Gatewell Repair Project, 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. 2020-851.
159305 - Klein/Juon
November 23, 2020 Page 5
that "Resolution approving electronic submission of the Tax Increment Finance (TIF) reports to the
State of Iowa for Fiscal Year 2020", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-852.
159306 - Klein/Juon
that "Resolution approving Amendment No. 4 to the Development Agreement with Central Property
Holdings, LLC, originally executed August 17, 2017, to amend the timeline to November 30, 2020, to
begin construction on the All -In Grocers Project, and authorizing the Mayor and City Clerk to execute
said documents", be adopted.
David Dryer, 3135 E. 4th Street questioned if the terms of the original agreement have been met and if
construction permits have been obtained for the project.
Noel Anderson, Community Development Director, responded that the foundation permits have been
obtained which phase permits is standard for larger construction projects.
Mr. Boesen commented that the information received for these items was extensive and received rather
late for the council to make a comprehensive review. Mr. Boesen questioned if the corrections he
submitted will be corrected prior to submission to the State.
Mr. Boesen questioned what is in place if the construction by Central Property Holdings exceeds one
year.
Noel Anderson responded he would review the items submitted and make any corrections prior to
final submission to the State and if there are any substantial changes that change the scope, the items
would go before the council again before final submission.
Mr. Anderson explained in standard development agreements, if the dates are not met the contract is
null and void and both parties have the ability to extend the agreement to complete construction or
successfully move the project forward and that the agreement would come back to the council at in
that event.
Mr. Boesen requested this type of information be provided well in advance in the future.
Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-853.
159307 - Morrissey/Grieder
that "Resolution approving a Professional Services Proposal with I & S Group, Inc., of Waterloo,
Iowa, in the amount of $5,000, in conjunction with the Five Sullivan Brothers Convention Center
Addition -Renovation Furniture Plan Project, 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. 2020-854.
159308 - Morrissey/Grieder
that "Resolution approving an Encroachment Agreement with James Hurst to allow for a sixteen (16)
foot electronic chain link fence gate, located at 2425 W. 4th Street, that encroaches one (1) foot onto
city owned right-of-way of Fletcher Avenue, 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. 2020-855.
159309 - Morrissey/Grieder
that "Resolution approving a request by Kasim Mustedanagic for the final plat of Mustedan First
Addition a replat of a portion of Ken Dahl First Addition, a 3-lot residential subdivision located south
November 23, 2020 Page 6
of 4245 W. 4th Street, 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. 2020-856.
159310 - Morrissey/Grieder
that "Resolution approving a Hold Harmless Agreement with Russell Holven to allow for
the excavation of former outhouse locations on City owned properties to search for antique bottles and
artifacts, and authorizing the Mayor and City Clerk to execute said agreement", be adopted.
Mr. Morrissey questioned the city's liability for future injury/illnesses in resulting from environmental
hazards.
Martin Petersen, City Attorney, responded this was covered in the agreement.
Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-857.
159311 - Boesen/Grieder
that "Resolution approving certification to the Black Hawk County Auditor for expenditures that
qualify for reimbursement in the FY 2020 Crossroads Waterloo Tax Increment District, and place the
certification on file", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-858.
159312 - Boesen/Grieder
that "Resolution approving certification to the Black Hawk County Auditor for expenditures that
qualify for reimbursement in the FY 2020 Downtown Waterloo Urban Renewal and Redevelopment
Tax Increment District, and place the certification on file", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-859.
159313 - Boesen/Grieder
that "Resolution approving certification to the Black Hawk County Auditor for expenditures that
qualify for reimbursement in the FY 2020 Martin Road Tax Increment District, and place the
certification on file", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-860.
159314 - Boesen/Grieder
that "Resolution approving certification to the Black Hawk County Auditor for expenditures that
qualify for reimbursement in the FY 2020 Northeast Industrial Park Urban Renewal and
Redevelopment Tax Increment District, and place the certification on file", be adopted. Roll call vote -
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-861.
159315 - Boesen/Grieder
that "Resolution approving certification to the Black Hawk County Auditor for expenditures that
qualify for reimbursement in the FY 2020 Rath Area Tax Increment District, and place the certification
on file", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-862.
159316 - Boesen/Grieder
November 23, 2020 Page 7
that "Resolution approving certification to the Black Hawk County Auditor for expenditures that
qualify for reimbursement in the FY 2020 San Marnan Tax Increment District, and place the
certification on file", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-863.
159317 - Boesen/Grieder
that "Resolution approving certification to the Black Hawk County Auditor for FY 2020 expenditures
that qualify for reimbursement in the East Waterloo Unified Urban Renewal and Redevelopment Tax
Increment District, and place the certification on file", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2020-864.
OTHER COUNCIL BUSINESS
159318 - Juon/Boesen
Motion to reconsider Resolution No. 2020-842 titled, "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 received, placed on file and approved. Roll call vote -
Ayes: Seven. Motion carried.
ADJOURNMENT
159319 - Juon/Boesen
that the Council adjourn at 6:20 p.m. Voice vote -Ayes: Seven. Motion carried.
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LeAnn M. Even
Deputy City Clerk