HomeMy WebLinkAbout01.19.21 council minutes January 19, 2021
The Council of the City of Waterloo, Iowa, met in Regular Session via Zoom video conference, at 5:30 p.m., on
Tuesday,January 19,2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen,Amos,Morrissey,Klein,Feuss,
Grieder and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Dave Boesen, At-Large Council Member
159424 - Juon/Grieder
that the Agenda, as amended,by striking approval of the lease agreement in Item 6, and setting a
date of public hearing, for the Regular Session on Tuesday, January 19, 2021, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
159425 - Juon/Grieder
that the Minutes, as proposed, for the Regular Session on Monday, January 4, 2021, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
Proclamation declaring January 18, 2021 as Martin Luther King, Jr.'s Birthday.
ORAL COMMENTS
No members of the public wished to speak.
Mr. Morrissey commented there are two citizens who have property abutting city property and city
staff told them that they would be able to acquire the city owned property. However, that has yet to
occur, the citizens have been maintaining the property, and the city has not moved forward with
transferring the property. He stated that it seems both of these agreements have been dismissed and
the city is not keeping its word. He added that 804 W. 4th Street was opened as the Waterloo
Warming Center. Donations can be directed to the Hospitality House and they do very badly need
donations. He questioned if Leisure Services would renew the idea of pushing ice off the lagoon so
that young ice skaters can skate outside. He further questioned when the renewal of the mask
mandate would be on the agenda.
Kelley Felchle, City Clerk, commented that the mask mandate resolution has been drafted and it
would be on the agenda on February 1, 2021.
Noel Anderson, Community Planning and Development Director, commented that the Development
Agreements still need to be formalized for the prospective buyers. He provided an explanation for
the delays and that the process should be complete by March for both buyers.
Mrs. Klein commented that she would like to encourage the city council to move back to chambers
for meetings as it puts an undue hardship on some of our citizens.
159426 - Juon/Grieder
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
159427 - 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 Reports, dated January 11,
2021, in the amount of$1,302,191.67 and January 19, 2021, in the amount of$4,396,920.98
a copy of which is on file in the City Clerk's office, together with recommendation of
approval of the Finance Committee.
January 19, 2021 Page 2
Resolution adopted and upon approval by Mayor assigned No. 2021-05.
2. Resolution accepting a U.S. Department of Justice FY20 Coronavirus Emergency
Supplemental Funding Program Grant for local communities affected by the COVID-19
virus, in the amount of$29,000, and authorizing the Mayor to execute said documents.
Resolution adopted and upon approval by Mayor assigned No. 2021-06.
3. Motion approving final quantity adjustment for Vieth Construction Corporation for a net
decrease of$19,398.51, in conjunction with the FY 2020 Cardinal Drive, Donald Street,
Linbud Lane, Martin Road, Drainage Improvements Project, Contract No. 988, and instruct
the City Clerk to publish said notice.
4. 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$200,548.49, in conjunction with the FY 2020 Cardinal Drive, Donald Street, Linbud
Lane, Martin Road, Drainage Improvements Project, Contract No. 988.
Resolution adopted and upon approval by Mayor assigned No. 2021-07.
5. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date
of bid opening as February 11, 2021 and date of public hearing as February 15, 2021, for the
FY 2021 Sanitary Sewer Gatewell Repairs Project, Contract No. 951, and instruct the City
Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-08.
6. Resolution setting date of public hearing as February 1, 2021 to approve the request by the
City of Waterloo to rezone approximately 39 acres from"A-1"Agricultural District to "M-
2,P"Planned Industrial District for property located East of 2971 Independence Avenue, and
instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-09.
7. Resolution setting date of public hearing as February 1, 2021, to approve the
Fourth Amendment to a Development Agreement with IPE1031 REV279, LLC (Cardinal
Construction)to convey additional land and award four years at 50 percent tax rebates for the
expansion/construction of a shared detention pond system, and instruct the City Clerk to
publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-10.
8. Resolution setting date of hearing for February 1, 2021 for the sale and conveyance of city
owned property located at the northwest corner of Beech Street and Webster Street, to Walter
and Kelly Reed, for$1,738.80, with a Development Agreement, and instruct the City Clerk
to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-11.
b. Motion to approve the following:
1 Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Officer John Koontz Legally Justified; But was Waterloo, 1/11/2021 $199
it Avoidable IA
b. Bri Boss, Certified Pool Operator Cedar Falls, 1/26-27/2021 $300
Aquatics/Safety School IA
Services Specialist
January 19, 2021 Page 3
2. Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunda
a. Casey's General Store#2427, E Liquor New 6/15/2021 x
3035 Logan Ave. *Ownership
Update*
b. Casey's General Store#3880, E Liquor/B Wine/ Renewal 1/31/2022 x
1900 W. Ridgeway Ave. C Beer
c. Cedar Valley Fish Market, 218 B Beer/B Native Renewal 1/25/2022
Division St. Wine
d. Hampton Inn, 2034 LaPorte Special Class C Renewal 1/31/2022 x
Road Liquor
e. LongHorn Steakhouse#5374, C Liquor New 9/1/2021 x
1425 E. San Marnan Dr.
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration Date New or
Re-Appointment
Edward Ottesen Design Review Board January 26, 2024 Re-Appointment
4. Motion approving Change Order No.1 with Kidder Construction, Inc., of Waterloo, Iowa, for no
increase to the project total,in conjunction with the City of Waterloo Public Works Truck Wash,Project
No. 19-23490, and authorizing the Mayor to execute said document.
Roll call vote-Ayes: Seven. Motion carried.
PUBLIC HEARINGS
159428 - Morrissey/Grieder
that proof of publication of notice of public hearing on FY 2021 Center For The Arts Parking
Improvements Phase 3,Northwest Half Project, Contract No. 1004, as published in the Waterloo
Courier on January 4, 2021,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.
159429 - Morrissey/Grieder
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
159430 - Morrissey/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. 2021-12.
159431 - Morrissey/Grieder
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Engineer's Estimate: $580,700
Bidder Bid Security Total Bid
Amount
Peterson Contractors Inc.
R 5% $554,672.70
einbeck, Iowa
January 19, 2021 Page 4
Vieth Construction Corporation 5% $609,882.80
Cedar Falls, Iowa
K Cunningham Construction Co., Inc., o
Cedar Falls, Iowa 5/o $634,566.75
Lodge Construction, Inc., o
Clarksville, Iowa 5/o $558,399.80
Voice vote-Ayes: Seven. Motion carried.
159432 - Amos/Feuss
that proof of publication of notice of public hearing on FY 2021 Highway 63 Enhancements from
Washington Street to Parker Street Project, Contract No. 1029, as published in the Waterloo Courier
on January 8, 2021,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.
159433 - Amos/Feuss
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
159434 - Amos/Feuss
that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing
to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Mayor Hart commented that this project was let by the IDOT on December 15, 2020.
Resolution adopted and upon approval by Mayor assigned No. 2021-13.
159435 - Amos/Feuss
that "Resolution approving award of bid to Vieth Construction Corporation, of Cedar Falls, Iowa, in
an amount not to exceed $1,580,506.81, and approving the contract, bond, and certificate of
insurance, in conjunction with FY 2021 Highway 63 Enhancements from Washington Street to Parker
Street Project, Contract No. 1029, 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. 2021-14.
RESOLUTIONS
159436 - Juon/Amos
that "Resolution approving the payment of invoices as needed (generally weekly) by the Finance
Department with subsequent approval by the City Council",be adopted. Roll call vote-Ayes: Seven.
Motion carried.
Mr. Boesen commented that he does not have a problem with paying a weekly bill where a contractual
obligation exists but that he does have a problem paying all the bills weekly without council review.
Michelle Weidner, Chief Financial Officer, commented that the city has at least forty people city wide
involved in bill payments. She explained that the Finance Department then reviews the payments
prior to processing and that it would be difficult to clarify with all involved, which items would be
paid on which date. She said that it would be impossible to review them for a two-week period without
adding staff to help in that process, and then try to find something else for them to do the next week.
Mr. Boesen questioned if departments weren't tasked to come up with a plan on how they were going
to operate on a two week basis.
Michelle Weidner confirmed and said that it was her plan to continue to pay the bills weekly because
that is the most efficient process for everyone involved.
January 19, 2021 Page 5
Mr.Boesen commented that if the departments were planning on submitting things on a twice a month
schedule for you, now they need to be notified to go back to a weekly billing.
Michelle Weidner commented that no one had been notified that the bill payment would be switched
to two weeks.
Mrs. Juon questioned what would happen if the council did not want to approve the bill.
Michelle Weidner commented that council is no longer approving the payment of the bills,but placing
them on file because the check has already been sent. There is nothing we can do about that. She
commented that if there were invoices that she or her department would find questionable,those would
likely be deferred for council approval.
Mayor Hart asked Mr. Boesen if he would like to meet with him and Michelle to hear his concerns
and discuss safeguards.
Mr. Boesen commented that it is to be voted on tonight,but he would be open to meeting to work out
some issues.
Resolution adopted and upon approval by Mayor assigned No. 2021-15.
159437 - Juon/Amos
that "Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the Waterloo
Waterloo Municipal Concert Band in the amount of$13,619 for the 2020 summer season, Leisure
Services Event Shuttle in the amount of$4,485 and Waterloo Leisure Services, and SportsPlex in the
amount of$6,250",be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mrs. Klein questioned if the 2020 summer season, should read 2021 summer season.
Michelle Weidner, Chief Financial Officer, commented that it is for the 2020 summer season for the
band and explained that it was held back to see what type of hotel/motel taxes we would receive.
Mr. Boesen commented he also thought it was a typo and questioned if they held a concert on every
one of the dates that they had listed.
Mayor Hart questioned if the amount is down from what we normally pay.
Michelle Weidner explained that the amount we are paying is less than normal, and we are only paying
for the dates they played.
Resolution adopted and upon approval by Mayor assigned No. 2021-16.
159438 - Juon/Amos
that "Resolution feetiffing Master- EErdity Lease Agreement with Eatefprise Leasing o
Water- , ' , I lease twen4y three (23) vehieles for poliee administfa4ive and investigative ,
and authorizing Mayor-to exeeutesaid deettmentee-adopt
that "Resolution setting date of public hearing as February 1, 2021, to approve a recurring Master
Equity Lease Agreement with Enterprise Leasing of Waterloo, Iowa, to lease twenty-three (23)
vehicles for police administrative and investigative staff, and instruct the City Clerk to publish said
notice. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-17.
159439 - Klein/Grieder
that"Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with
AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed July 8, 2020, in an amount
not to exceed, $360,000, in conjunction with a Phase I Preliminary Engineering Report for a new
January 19, 2021 Page 6
interceptor sewer serving the Highway 63 south corridor, Contract No. 1037, and authorizing the
Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Boesen questioned if the dollar amount also includes the preliminary design cost.
Randy Bennett, Public Works Division Manager, confirmed that it does not include the preliminary
design cost.
Ross Hillsman, AECOM, provided an overview of the project and explained that this will help with
many of the sewer backup problems that residents in the Homepark Boulevard Neighborhood
experienced over the summer.
Mayor Hart commented that he, Mrs. Klein, and others toured the area this summer to see how they
could help residents in this area.
Resolution adopted and upon approval by Mayor assigned No. 2021-18.
159440 - Klein/Grieder
that "Resolution approving Supplemental Agreement No. 13, to a Professional Services Agreement
originally executed April 3, 2006, with AECOM Technical Services, Inc., of Waterloo, Iowa, in an
amount not to exceed$239,500,in conjunction with the US Highway 63 Improvements from Jefferson
Street to Donald Street, 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. 2021-19.
159441 - Klein/Grieder
that "Resolution approving a Professional Services Agreement with Clapsaddle-Garber Associates,
Inc., of Cedar Falls, Iowa, in an amount not to exceed $108,000, for construction related services, in
conjunction with the FY 2021 Leversee Road Lift Station Project, Contract No. 983, 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. 2021-20.
159442 - Feuss/Grieder
that"Resolution approving a Real Estate Purchase Agreement(non-residential), and approving deeds
to sell and donate real property to the City of Waterloo, for the partial acquisition of property storm
sewer easements, drainage easements and temporary easements from Ascension Lutheran Church, in
the amount of $81,665.48, located at 2211 Maynard Avenue, 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 believes the project needs to go forward but his concern is that the
purchase price is incredibly high. He also expressed concern about putting a curb cut on a 45 mile per
hour road.
Jamie Knutson, City Engineer, commented that the curb cut would come out at the intersection at
Greenhill and the ramps on to University. He explained that the church is not actively planning to put
anything at the location but that they may want to have access in the future be able to sell off some
property for a commercial development and didn't want to limit themselves to not being able to get
access for a commercial development off of Greenhill. He said there have been several months of
negotiations with Ascension Lutheran Church on the price of the property and in the end; this is the
best interest of all involved.
Noel Anderson, Community Planning and Development Director, provided an overview of the
property and how the pricing was negotiated.
Mr. Boesen questioned what the city will be on the hook for if they decided to utilize the curb cut for
resignaling the intersection.
January 19, 2021 Page 7
Jamie Knutson commented that the development agreement only provides the option to get the curb
cut but does not specify anybody's cost.
Mr. Boesen commented that if they opt to use the curb cut, than the city is obligated to change the
signaling.
Jamie Knutson commented that if the church sells the property,the city would have to look at how the
property would be utilized. Just as we do for any development agreement with other businesses that
are looking to build. Currently there is nothing in the agreement that commits the city to install a
signal.
Mrs. Klein expressed gratitude to everyone who worked on this project as the flooding in their
neighborhood was significant and this should correct their issues.
Resolution adopted and upon approval by Mayor assigned No. 2021-21.
159443 - Feuss/Grieder
that "Resolution approving a Contract Termination Agreement with the State of Iowa, and Crystal
Distribution Services,Inc.,Contract 18-TC-010, for a project that did not commence forward with any
State of Iowa incentives, 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. 2021-22.
159444 - Feuss/Grieder
that "Resolution approving a Development Agreement with Midwest Development Co., of Cedar
Rapids, Iowa, for the construction of ten (10) single-family homes and seven (7) duplexes, located
northeast of 3405 Monticello Avenue, with a minimum value of $150,000 each, approving a
development grant of $5,000 per unit, 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. 2021-23.
159445 - Amos/Grieder
that"Resolution approving an Acquisition Contract with Todd L. Chapman and Scott C. Chapman for
the acquisition of 1.3 acres of land, generally located at the south end of Fairfield Street,in the amount
of $33,000 plus costs, and authorizing the Mayor and City Clerk to execute said document", be
adopted.
Kent Cowell, 241 Fairfield Street, commented that he, Mr. Morrissey, and several neighbors are
against the city building a cul-de-sac on their street. His family purchased the property because it is
quiet and they think there are much better places in the city to build on rather than on this dead end
street in a wooded neighborhood.
Joshua Adams, 512 Cedar Bend Street, commented that he lives in the same neighborhood and what
brought his family to live here is the large amounts of trees. He added that he does not understand
why the city would tear down trees and build houses on a small property when there are plenty of other
places to build. He added that the house on the property is dilapidated and that he is glad to see that
they have finally started to renovate the property.
Mr. Morrissey commented that he is opposed to this proposal. He questioned why the city council did
not have a closed session on this property acquisition. He questioned if Planning and Zoning
Commission would be involved prior to council discussion or would they be involved if this was to
pass and in what regard. He added that people in the neighborhood bought their homes there because
of the abundance of trees. He questioned if the city has done soil testing because dumping was taking
place on the property in the mid-twentieth century. He then stated that he helped the residents
formulate a petition to save the land from development and said that the petition is signed by 91 people,
which includes people that live on that street and neighboring streets.
Mayor Hart questioned how long Mr. Morrissey has had the petition.
January 19, 2021 Page 8
Mr. Morrissey commented that he has had the list since August and that he informed Noel Anderson
that the neighbors out there were opposed to any type of development.
Mrs. Juon questioned if there are so many people objecting, why is this particular property so
important, and is there no other land that the developer could use for the project.
Noel Anderson explained that when we are approached by developers, staff first look at what land the
city owns. He then sited strategic plan strategies 1.3, 1.4, 1.7, 3.1 and 3.8, stated that this property is
in the CURA area, and then provided a number of reasons this property came to the forefront. He also
explained that an added cul-de-sac would provide a proper turn around for garbage trucks, snowplows,
and fire trucks and would still be a dead-end street,but more adequately designed for turnarounds. He
stated that the acquisition contract does include wording that addresses environmental concerns and
that the city would do any necessary testing before closing on the land. He said that he understands
the draw to living near a wooded area, but as staff, they are tasked to looking at infill development,
trying to create and raise the tax base and create housing opportunities in Waterloo. He explained that
the city is fortunate to have someone who wants to build a new subdivision on the north side of
Waterloo. Prior to this, the last time was in 2006 and 1992 before that.
Mr. Boesen asked who would be paying for the cul-de-sac.
Noel Anderson explained that the proposal being discussed is that the city would layout the subdivision
to make sure that the abutting neighbor, Mr. Stephens, gets his parcel. We would lay out the lots for
sale and development, and all the infrastructure, such as water, sewer and road extension would be
done by the developer. He further explained how the lots would be priced.
Mr. Amos stated that he would not be supporting the agreement because so many of the citizens in the
neighborhood are opposed to the development.
Mrs. Klein commented she is torn on the issue. She shared her personal experience of when she first
bought her condo. The wild space that she once enjoyed looking at was sold and now the view has
changed from wild life to condos. Unfortunately, we cannot control what happens to land we do not
own. She also commented on the opportunity for development on the north side that has seemingly
fallen into our laps. The northeast side languishes for lack of development and we have said all along
that we have wanted to increase that.
Mr. Grieder commented that he is also in opposition to this development. He understands the
consequences of lack of development in our city. However, he is persuaded by the clear undivided
voice of the neighbors and the importance of green space.
Mr. Feuss explained that he is disappointed to learn that there was a petition four months ago and
council was not made aware of it before now. He also questions why there wasn't an overwhelming
show of opposition tonight considering how long the proposed agenda has been available, with the
new meeting format. He has looked at the map and all that this neighborhood has to offer and he
understands the concerns of the neighbors. He pointed out the positives that would come with this
development, such as increased opportunities to new homes and increased value of the surrounding
homes as well. In addition, the neighborhood as a whole still has a lot of green space for people to
come together. He stated that he would support moving forward with the development.
Mr. Boesen commented that he would have appreciated the petition being included in the council
packet. Especially since the council agenda came out a week ago yesterday, giving council eight days
to digest this and have an opportunity to talk with some people. He stated that it would have been
good to hear from more of the 90 people who signed the petition and wishes they would have taken
advantage of speaking at the council meeting tonight.
Mr.Morrissey reminded the council that 100 percent of the neighborhood is opposed to this. If council
wants to make an issue of him having the petitions,just know that the planning staff knew that there
was 100 percent opposition but they chose to go ahead with it. Whether, or not, anyone on council
knew about the petition before tonight, it is still a fact. He asks council to deny this resolution for the
sake of the neighbors who are 100 percent opposed to this development.
Mrs. Juon questioned whether this developer could find another location in the northeast part of
Waterloo if this resolution is turned down.
January 19, 2021 Page 9
Noel Anderson commented that he is not sure that he can answer that question. He is not certain there
is other land that is ready to go that would meet this developer's requirement.
159446 - Boesen/Grieder
To postpone to February 1 to allow council time to digest this and possibly hear from more neighbors
in that area, and to see the petition. Roll call vote-Ayes: Seven. Motion carried.
ADJOURNMENT
159447 - Feuss/Grieder
that the Council adjourn at 6:51 p.m. Voice vote-Ayes: Seven. Motion carried.
Kelley �elchle �
Kelley Felchle
City Clerk