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HomeMy WebLinkAbout12.07.2020_council_minutesDecember 7, 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, December 7, 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: Ray Feuss, Ward 5 Council Member 159320 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, December 7, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 159321 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, November 23, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring December 10, 2020 as Human Rights Day. ORAL PRESENTATIONS Eric Donat, 610 E. 4th St., Apt. 67, commented that he wanted to read a letter in response to comments made in the community regarding the Waterloo Police Department insignia. He shared that the decision to form an ad hoc committee to explore designs that could contain a refined griffin, was contrary to the public objections. Mr. Morrissey shared that each of the council members should strive to support the 30 articles in the Declaration of the Human Rights. He then read sections that he felt directly applied to council members. He questioned if the discussion at the work session lived up to the articles of the Declaration on Human Rights that he read. Mr. Amos commented that he has chaired the Human Rights Commission for many years and is a strong supporter of human rights. He stated that the sections Mr. Morrissey read insinuate that some council members do not care about human rights, which is untrue. Each council member also has those rights, and that includes the right to think independently. He commented on the police department insignia and explained that there were enough votes to remove the griffin, but because council talked and worked together, a decision was made to establish the ad hoc committee to take community input and get buy in from everyone. He stated that human rights are for everyone, not just certain individuals. Mrs. Juon stated that people who say the council did not do their job and were insensitive do not realize that the action council took did get rid of the existing logo. A decision was made to bring all sides together and decide what the new logo should look like. She thanked Experience Waterloo for putting together the Hall on the Wall promotion to supporting local businesses. 159322 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 159323- 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 December 7, 2020, in the amount of $5,326,610.50 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. December 7, 2020 Page 2 8. Resolution adopted and upon approval by Mayor assigned No. 2020-865. 2. Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as January 28, 2021 and date of public hearing as February 1, 2021 in conjunction with the FY 2021 Greenbelt Lake REAP Grant Project, Contract No. 1042, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-866. 3. Resolution approving request of Kevin Ubben for a waiver for a concrete driveway located at 205 S. Hackett Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2020-867. 4. Resolution approving request of Gary Papenheim for a waiver for a concrete driveway located at 712 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. 2020-868. 5. Resolution approving request of Matt Matthis for a waiver for a concrete driveway located at 620 Maxwell Street, with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2020-869. 6. Resolution rejecting all bids in conjunction with the Janitorial Services at the Public Works Facility. Resolution adopted and upon approval by Mayor assigned No. 2020-870. 7. Resolution approving award of contract to Peterson Contractors, Inc., of Reinbeck, Iowa, in an amount not to exceed $347,873.50, and approving the contract, bonds, and certificate of insurance in conjunction with F.Y. 2021 Shaulis Road Trail Extension - Phase II, Contract No. 1012. Resolution adopted and upon approval by Mayor assigned No. 2020-871. b. Motion to approve the following: a. b. c. d. e. f. g. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday 1850 Patio & Grill, 1850 W. Ridgeway Avenue C Liquor w/Outdoor Service Renewal 10/31/2021 x Carlos O'Kelly's Mexican Cafe, 2060 Sovia Drive C Liquor w/Outdoor Service and Catering Renewal 12/30/2021 x Curt's, 32 Lafayette Street C Liquor w/Outdoor Service Renewal 12/31/2021 x Hy-Vee Gas #2, 2221 Logan Avenue C Beer Renewal 01/02/2022 x Trucker Bar, 1915 Bourland Avenue C Liquor Renewal 12/12/2021 x XO Food & Liquor, 428 Franklin B Wine / C Beer Renewal 12/14/2021 x Street XO Food & Liquor, 428 Franklin E Liquor Renewal 12/14/2021 x Street 9. Motion approving Change Order No. 2 with Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, for a net increase of $9,750, in conjunction with asbestos abatement services, Contract No. AB-2020-08-8P, and authorizing the Mayor to execute said document. December 7, 2020 Page 3 10. Motion to receive and place on file the 2021 Budget of the Waterloo Water Works, and authorizing City Clerk to file said documents with the Black Hawk County Auditor. 11. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 159324 - Morrissey/Feuss that proof of publication of notice of public hearing on a request by the City of Waterloo to vacate a 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, as published in the Waterloo Courier on November 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. 159325 - Morrissey/Feuss that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 159326 - Morrissey/Feuss that "an ordinance approving a request by the City of Waterloo to vacate a 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", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 159327 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 159328 - Morrissey/Feuss that "an ordinance approving a request by the City of Waterloo to vacate a 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", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5581. 159329 - Amos/Feuss that proof of publication of notice of public hearing on a Request by 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 with conditions, to construct a five unit condominium located at 146 Martin Road, as published in the Waterloo Courier on November 24, 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. Paul Huting, Leisure Services Director, commented that the Leisure Services Commission did approve the development. 159330 - Amos/Feuss December 7, 2020 Page 4 that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 159331 - Amos/Feuss that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property from "R-1" One and Two Family Residence District to "R-3,R-P" Planned Multiple Residence District with conditions, located at 146 Martin Road", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mrs. Juon commented that it looks like the property is already torn down and that it does not look like there is room for five duplexes. Noel Anderson, Community Planning and Development Director, explained that the commission did recommend approval. The five units makes the project economically feasible to offset construction costs. Mr. Boesen commented that this is going to be a really nice project. He questioned if a development agreement will be coming back with infill incentives since he is tearing down a condo on his own property. Noel Anderson commented that a development agreement will be coming back to council for approval since they're going from two units to five units resulting in a substantial increase in taxable value to the city. Mr. Boesen commented that he would be building on his own property and it does not seem like this would qualify as infill Noel Anderson explained how the property would still be considered infill property. Mr. Boesen clarified that it would come back to council for a vote. Noel Anderson confirmed. 159332 - Amos/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven. (Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon). Motion failed. Noel Anderson commented that the planning commission did receive some opposition and recommended doing multiple readings. 159333 - Feuss/Grieder that proof of publication of notice of public hearing on Demolition Services, Contract No. RD-2020- 12-01P, located at 115 Sumner Street, as published in the Waterloo Courier on November 24, 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. 159334 - Feuss/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 159335 - Feuss/Grieder that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Noel Anderson explained that the property is unsafe and needs to be demolished. December 7, 2020 Page 5 Resolution adopted and upon approval by Mayor assigned No. 2020-872. 159336 - Feuss/Grieder 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 Total Bid Amount Lansing Bros. Construction Co., Inc. Luxemburg, Iowa 5% $67,850 Earth Services & Abatement Des Moines, IA 5% $149,749 Voice vote -Ayes: Seven. Motion carried. 159337 - Morrissey/Grieder that proof of publication of notice of public hearing on 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 and a rehabilitation grant of $5,000, as published in the Waterloo Courier on November 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. 159338 - Morrissey/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 159339 - Morrissey/Grieder that "Resolution authorizing 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 authorizing the Mayor and City Clerk to execute said documents be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-873. 159340 - Morrissey/Grieder that "Resolution approving 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 and a rehabilitation grant of $5,000, and authorizing the Mayor and City Clerk to execute said agreement", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-874. RESOLUTIONS 159341 - Boesen/Grieder that "Resolution approving a Memorandum of Understanding with the Walnut Neighborhood Housing Coalition to promote development in the Walnut Neighborhood", be adopted. Roll call vote -Ayes: Seven. Motion carried. Laura Hoy, 335 Almond Street, thanked the City Council for their partnership in the Walnut Neighborhood. Resolution adopted and upon approval by Mayor assigned No. 2020-875. December 7, 2020 Page 6 159342 - Boesen/Grieder that "Resolution approving an Access Agreement with Mark Russel, Mike Dolan, and MaryAnn Noland for entrance onto the former St. Mary's site for the salvaging of historic items such as statues, pews, etc., and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. MaryAnn Noland, 1510 Athens Ct., Cedar Falls, commented that they wanted to get into the building to salvage pews and other historic and religious items to keep the history of St. Mary's alive. She also questioned the amount of time they would have access to the building. Noel Anderson explained that there are safety protocols that need to be coordinate due to asbestos, and that he will be contacting Ms. Noland in the morning to work on a schedule that works for everyone. Resolution adopted and upon approval by Mayor assigned No. 2020-876. 159343 - Boesen/Grieder that "Resolution approving Amendment No. 1 to an agreement with Woodruff Construction LLC, of Waterloo, Iowa, for a net increase in the amount of $14,195, in conjunction with the 5 Sullivan Brothers Convention Center 2020 Skywalk Improvement 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. 2020-877. 159344 - Klein/Grieder 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: Seven. Motion carried. Mr. Boesen explained that after reviewing this further and speaking to both staff and Mr. Castro's representative, that the original agreement, whether written or not, should be honored because the city made certain promises to the Castro's that should be fulfilled. Mrs. Klein commented that situations such as this would be eliminated by switching to two meetings a month, allowing additional time for council to dig deeper and be better informed, before voting. Resolution adopted and upon approval by Mayor assigned No. 2020-878. 159345 - Klein/Grieder that "Resolution approving an Early Access Agreement with A Thompson Contracting to allow fill and earth -moving activities in preparation of development of the site west of 3180 West Airline Highway, 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. 2020-879. 159346 - Klein/Grieder that "Resolution approving Amendment to Development Agreement and Minimum Assessment Agreement with A and K Ventures, LLC, originally approved on October 22, 2012, amending the completion dates of the project located at 226 W. 13th Street, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Noel Anderson provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2020-880. December 7, 2020 Page 7 159347 - Amos/Grieder that "Resolution approving a Development Agreement with Openwater Properties, LLP, for the construction of a single family home, located at 2100 Ansborough Avenue, with a minimum value of $150,000, and approving a development grant of $5,000, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen commented that he is seeing a disconnect with what is required for paperwork. He questioned if it would be beneficial to have a webinar or training for developers to educate the public and developers on timelines, what is available, etc. He added that it could help bring more people into developing properties. Mr. Amos agreed with Mr. Boesen, and added that he had been approached by people interested in developing the 657A properties but do not know where to start. Resolution adopted and upon approval by Mayor assigned No. 2020-881. 159348 - Amos/Grieder that "Resolution approving Amendment No.1 to an Agreement with Strand Associates, Inc., of Madison, WI, originally executed on October 31, 2019, to amend the completion date, in conjunction with the Engineering Services for FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Repair Project, City Contract 1021, 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. 2020-882. 159349 - Amos/Grieder that "Resolution approving Change Order No. 2, to an Agreement with WRH, Inc., of South Amana, IA, originally executed on June 15, 2020, to amend the completion date, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Repair Project, City Contract 1021, 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. 2020-883. 159350 - Feuss/Amos that "Resolution approving Supplement Agreement No. 3, to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed September 8, 2015, for Planning and Engineering Services in an amount not to exceed $80,000, 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. 2020-884. 159351 - Feuss/Amos that "Resolution approving Amendment No. 2 to a Professional Services Agreement with Clapsaddle- Garber Associates, Inc., of Cedar Falls, Iowa, originally approved November 7, 2016, in an amount not to exceed $27,700, in conjunction with the FY 2020 Warp Drive RISE Project, Contract No. 977 and FY 2021 Leversee Road Lift Station, Contract No. 983; 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. 2020-885. 159352 - Feuss/Amos that "Resolution approving Letter Amendment to a Professional Services Agreement with Clapsaddle- Garber Associates, Inc., of Cedar Falls, Iowa, originally approved April 22, 2019, in an amount not to exceed $5,640, in conjunction with the Airline Highway Sanitary Sewer Extension, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. December 7, 2020 Page 8 Resolution adopted and upon approval by Mayor assigned No. 2020-886. ORDINANCES 159353 - Amos/Grieder that "an Ordinance amending the 2020 Traffic Code by adding a new Section 92, Approaching Certain Stationary Vehicles", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 159354 - Amos/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 159355 - Amos/Grieder that "an Ordinance amending the 2020 Traffic Code by adding a new Section 92, Approaching Certain Stationary Vehicles", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5582. 159356 - Klein/Amos that "an Ordinance establishing grades for the City of Waterloo FY 2020 Sidewalk Repair Assessment Program — Zone 9, Contract No. 981", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Jamie Knutson, City Engineer, provided an overview of the item. 159357 - Klein/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 159358 - Klein/Amos that "an Ordinance establishing grades for the City of Waterloo FY 2020 Sidewalk Repair Assessment Program — Zone 9, Contract No. 981", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5583. ADJOURNMENT 159359 - Juon/Amos that the Council adjourn at 6:36 p.m. Voice vote -Ayes: Seven. Motion carried. Ke/le Kelley Felchle City Clerk