HomeMy WebLinkAbout02.01.21 council minutes February 1, 2021
The Council of the City of Waterloo, Iowa, met in Regular Session via Zoom video conference, at 5:30 p.m., on
Monday,February 1, 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: Kelley Felchle, City Clerk
159461 - Juon/Grieder
that the Agenda, as amended, to add Item 18, a motion approving Change Order No. 4 with Cardinal
Construction, of Waterloo, Iowa, for a net increase of$88,881, in conjunction with the 5 Sullivan
Brothers Convention Center Addition and Renovation project, and authorizing the Mayor to execute
said document, for the Regular Session on Monday, February 1, 2021, at 5:30 p.m., be accepted and
approved. Voice vote-Ayes: Seven. Motion carried.
159462 - Juon/Grieder
that the Minutes as proposed, for the Regular Session on Tuesday, January 19, 2021, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
ORAL COMMENTS
Written comments (read by the City Clerk) from Forest Dillavou, 1725 Huntington Road, Due to the
fact I cannot attend City Council Meetings, I would like to have this read into the public comments
portion of the City Council Meeting. The City of Waterloo has one of the highest tax rates in the
state of Iowa. I feel some of our spending habits is a large portion of the reason. I will point out one
example of this. The City of Waterloo bought the Johnstone property on West 6th Street on
September 28, 2015 for$470,000. The two parcels were paying $11,094 in taxes per year. At the
time of purchase, this was 5 years ago; the taxpayers have lost$55,470 over the 5 years we have
owned it. We have paid interest on$470,000. We paid to buy it, we also lost all fees this building
would have paid for 5 years franchise fees, storm water fees, fire inspection fees, legal fees to buy it,
property care, and snow clean up, mowing and maintain the buildings. Purchase fee plus taxes alone
is a$525,470 in taxpayer losses. This is just one of the deals we made. A Waterloo Council
Member once said, "Even a bad deal is better than no deal." I do not agree.
Margaret Klein expressed her thanks to the Police Department and especially Officer Frein and
Lieutenant Bose for allowing her to ride along on 3rd shift on Friday night. Both officers were
extremely professional. She commented that she received a call from a resident named Lula Davis
who is very concerned that taxes will be raised now that budget talks have begun. She stated that the
house on Williston has still not been taken down and the contractor should be contacted and told to
get this done. She also commented that the Black Hawk County courts are opening again and
believes the City should do so also. A gentleman contacted her to say that he has seen"a lot of us"
out in the community at restaurants, sporting events and even bars, and said if you people can do
that, you can come back and meet in chambers where people who are not technologically savvy can
come. She asked the Mayor to please allow council to meet in chambers at the next meeting.
Noel Anderson, Community Planning and Development Director, commented that they would give
the contractor a call in the morning, and reminded council that this is a RACM demo so they do need
to watch weather conditions to make sure that the asbestos materials are not viable in the air.
Mr. Morrissey commented on the GATSO funds that were discussed in the work session and the
plan to increase the number of cameras by ten. He said that council voted to approve 13 cameras
and questioned if the council would need to approve the additional cameras. He requests that a
portion of the revenue generated be used for the enforcement of the fireworks ordinance and to help
support and increase Code Enforcement staff.
February 1, 2021 Page 2
159463 - Juon/Morrissey
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
159464 - 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 January 25, 2021,
in the amount of$1,900,970.51 and February 1, 2021, in the amount$3,323,077.32, 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. 2021-024.
2. Resolution approving the Iowa Economic Development Authority grant application for
CDBG-CV funds (second round), in the amount of$610,182, for mitigation or response,by
the Community Development Department, to the effects of Coronavirus in the City of
Waterloo.
Resolution adopted and upon approval by Mayor assigned No. 2021-025.
3. Resolution approving the FY20 Consolidated Annual Performance and Evaluation Report
(CAPER) for CDBG and HOME program activities for the period of July 1, 2019 through
June 30, 2020 to the United States Department of Housing and Urban Development
Resolution adopted and upon approval by Mayor assigned No. 2021-026.
4. Motion approving Final Quantity Summary for a net decrease of$86,355.05 in conjunction
with the FY 2021 Sidewalk Repair Assessment Program - Zone 10, Contract No. 1018, and
authorizing the Mayor and City Clerk to execute said document.
,
bond,for-work per-fefmed by Midwest Coner-ete, 1-ne., of Peesta, lewa, at a total eest of
$319,425.60, in eef��efiea with the FY 2021 Sidewalk Repair-Assessmen4 Pr-egr-ani Zone
!0, Cop.-Ifaet No. 10 19, and r-eeeive and file a two year-maintenanee
6. Motion approving Final Quantity Summary for Vieth Construction Corporation, for a net
decrease of$10,947.50, in conjunction with the FY 2021 Lowell Elementary Sanitary Sewer
Reconstruction Project, Contract No. 1026, and authorizing the Mayor and City Clerk to
execute said document.
7. 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$87,642, in conjunction with the FY 2021 Lowell Elementary Sanitary Sewer
Reconstruction Project, Contract No. 1026, and receive and file a two-year maintenance
bond.
Resolution adopted and upon approval by Mayor assigned No. 2021-027.
8. Motion approving Final Quantity Summary for Aspro, Inc., for a net decrease of$97,882.10,
in conjunction with the FY 2020 Street Reconstruction Program, Contract No. 993, and
authorizing the Mayor and City Clerk to execute said document.
Werk,
February 1, 2021 Page 3
10. Resolifti Completion of Pr-ojeet and Reeomfnenda4ion of Aeeeptanee of ,
for-work per-fefmed by Peters Genstmetien Ger-per-atien, ef Water-lee, lewa, at a total eest e
$951,547.33, in eof��efion with the 5 Sullivan Brothers Convention Center-Exhibition Hall
Ceiling Renevatien Pr-ejeet, and attther-izing the Mayer-to exeeute said •
11. Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in an
amount not to exceed$554,672.70, and approving the contract, bonds, and certificate of
insurance in conjunction with FY 2021 Center For The Arts Parking Improvements Phase 3,
Northwest Half Project, Contract No. 1004, and authorizing the Mayor and City Clerk to
execute said documents.
Resolution adopted and upon approval by Mayor assigned No. 2021-028.
Convei4ion Center-Phase 3 Renova4ions in the amoun4 of$820,000, requiring matehing
ftinds of$1,500,000 and attther-izing the Mayer-to exeeute said deewnent,
13. Resolution accepting a grant from the Black Hawk County Gaming Association in the
amount of$20,000 for the Waterloo Aquatics Master Plan and authorizing the Mayor to
execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2021-029.
14. Resolution authorizing an exception to the City of Waterloo's purchasing procedures policy
to approve the purchase of a 2019 Ford Econoline VIPW Van with sixteen(16) foot ramp,
for the Sanitation Department, in the amount of$37,120, from Enterprise Truck Rental of
Spring Lake Park, Minnesota.
Resolution adopted and upon approval by Mayor assigned No. 2021-030.
15. Resolution approving award of bid to Marsden Building Maintenance of Des Moines, Iowa
in the amount of$2,452.15 per month along with Alternate#2 -Parts 1 and 2, approving the
contract, bond and certificate of insurance, in conjunction with the City of Waterloo Public
Works Facility Janitorial Services Contract, and authorizing the Mayor and City Clerk to
execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2021-031.
16. Resolution setting date of public hearing as February 15, 2021 to approve the request by L
and BB, LLC, for a Site Plan Amendment to the"R-3,R-P"Planned Multiple Residence
District to allow for the development of six (6)residential lots for single family homes, and
instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-032.
17. Resolution setting the date of a public hearing as February 15, 2021, to approve a request by
the City of Waterloo to vacate and convey approximately 1.70 acres of excess right-of-way
to M.T. Co., LLC, in accordance with a property exchange agreement, with the retention of a
utility easement, located south of 3470 West Airline Highway, and instruct City Clerk to
publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-033.
18. Resolution setting date of public hearing as March 1, 2021 to approve the University Avenue
Area Urban Renewal and Redevelopment Plan, setting date of consultation with affected
taxing entities as February 12, 2021, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-034.
19. Resolution setting date of public hearing as February 15, 2021 to approve a ten-year
agreement for a Body/In-Car cameras, Tasers and digital evidence management system with
Axon Enterprise, Inc. and instruct the City Clerk to publish said notice.
February 1, 2021 Page 4
Resolution adopted and upon approval by Mayor assigned No. 2021-035.
20. Resolution approving the request by 3 Stooges, LLC for tax exemptions on commercial
building improvements valued at $188,500, for property located at 520 West Parker Street,
and located in the Consolidated Urban Revitalization Area(CUBA).
Resolution adopted and upon approval by Mayor assigned No. 2021-036.
21. Resolution approving the request of Kinon O'Neal for tax exemptions on the construction of
a new single family home valued at $459,548 for property located at 1801 Waxwing Way,
and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-037.
22. Resolution approving the request of Steve Hostetler for tax exemptions on the construction of
a new single family home valued at $365,000, for property located at 329 Sheridan Road, and
located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-038.
23. Resolution approving the request of Loren and Carlene Gardner for tax exemptions on the
construction of a new single family home valued at $300,000, for property located at 1224
Garden Ave., and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-039.
24. Resolution approving the request of Brian Gerloff for tax exemptions on the construction of a
new single family home valued at$357,000, for property located at 1329 E Shaulis Road,
and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-040.
25. Resolution approving the request of Garry and Sandra Stuber for tax exemptions on the
construction of a single duplex unit valued at $57,000, for property located at 111 Cathy Jean
Court, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-041.
26. Resolution approving the request of MDJNAD Investment, LLC, for tax exemptions on the
construction of a single duplex unit valued at $179,900, for property located at 831
Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-042.
27. Resolution approving the request of MDJNAD Investment, LLC, for tax exemptions on the
construction of a single duplex unit valued at $174,900, for property located at 833
Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-043.
28. Resolution approving the request of Robson Homes, Inc., for tax exemptions on the
construction of a single duplex unit valued at $130,000, for property located at 840
Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-044.
29. Resolution approving the request of Robson Homes Inc., for tax exemptions on the
construction of a single duplex unit valued at $130,000, for property located at 841
Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-045.
February 1, 2021 Page 5
30. Resolution approving the request of Robson Homes, Inc., for tax exemptions on the
construction of a single duplex unit valued at $130,000, for property located at 842
Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-046.
31. Resolution approving the request of Mehmed and Endi Mujakic for tax exemptions on the
construction of a single duplex unit valued at $100,000, for property located at 852
Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-047.
32. Resolution approving the request of Open Water Properties, LLP, for tax exemptions on the
construction of a new single family home valued at $199,900, for property located at 2100
Ansborough Avenue, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-048.
33. Resolution approving the request of Gary and Kendra Knudson for tax exemptions on the
construction of a new single family home valued at $1,200,000, for property located at 5107
South Fork Lane, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-049.
34. Resolution approving the request of Elvis Alicic for tax exemptions on the construction of a
new single family home valued at $356,000, for property located at 1711 Falcon Ridge, and
located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-050.
35. Resolution approving the request of Lee Dallenback Betsinger for tax exemptions on the
construction of a new single family home valued at $349,900, for property located at 1632
Blue Wing Drive, and located in the City Limits Urban Revitalization Area(CLURA), and
rescinding Resolution No. 2019-301.
Resolution adopted and upon approval by Mayor assigned No. 2021-051.
36. Resolution approving the request of Matthew Smaldino for tax exemptions on the
construction of a new single family home valued at $508,217, for property located at 3652
Burton Avenue, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-052.
b. Motion to approve the following:
1 Travel Requests
Name & Title Amount
of Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Inv. Rasmussen, Interview and Interrogation Waterloo, 1/28, 2/11 and $1,071
Frana and Gergen Series Training IA 2/25, 2021
b. Matt Buenger, HMA Level 1 Certification Online and 3/29/21 thru $754.87
Engineering Boone, IA 4/2/21
Technician
2• Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. Doughy Joey's Peetza Joynt, C Liquor w/Outdoor New 1/21/2022 x
300 W. 4th Street Service
February 1, 2021 Page 6
b. Hy-Vee Food & Drugstore E Liquor Renewal 2/8/2022 x
#3, 1422 Flammang Drive
c. Hy-Vee Market Cafe' #3, C Liquor w/Catering Renewal 3/15/2022 x
1422 Flammang Drive
d. Olive Garden#1489, 1315 E. C Liquor New 5/29/2021 x
San Marnan Drive
*Ownership Update*
e. Three Amigos Family C Liquor Renewal 8/24/2021 x
Restaurant, 2820 Falls
Avenue
£ The Snack Shack, 4335 E Liquor Renewal 11/4/2021 x
Texas Street
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration Date New or
Re-Appointment
Dionne Grabek Housing Authority Board February 1, 2023 New
4. Moti Change Order- No. 2 v�,ith Cardinal Constmetion, of > lowa,
ef $7,615, in eef��etien with the 5 Stillivan Brothers Cenventien Center- Additien an
5. Motion appr-oving ehange orders No. 2 and No. 3 with Kidder- Constmetion, 1-ne., of Water-lee, ,
for- iie inefease to total pfejeet, iii eef��efien with the City of Wa4eflee Pti-blie Works Ti-dek Was
.
6. Moti Change Order- No. 3 with Cardinal Constmetion, of Water-lee, lawa, for a net.
of $753.00 in eef��etien with the 5 Stillivan Brothers Convention Center- Addition an
Renovation Pr-ojeet, and au*or-izing the Mayor-to exeettte said doeuffieH4.
7. Motion approving Change Order-No. 6 with Peters Constmetion Corporation, of Wa*f4ee, lowa, fe-r-
Exhibition Hall Ceiling Renova4ion Pr-ejeet, and au*or-izing the Mayor-to exeeute said doeumen4.
8. Cigarette/Tobacco Permit New Application for Lane's Corner Store, LLC, 2027 Falls Avenue.
Roll call vote-Ayes: Seven. Motion carried.
159465 - Morrissey/Feuss
1.A.5 Resolution approving Completion of Project and Recommendation of Acceptance of Work, for
work performed by Midwest Concrete, Inc., of Peosta, Iowa, at a total cost of$319,425.60, in
conjunction with the FY 2021 Sidewalk Repair Assessment Program - Zone 10, Contract No. 1018,
and receive and file a two-year maintenance bond. Roll-call vote-Ayes: Seven. Motion carried.
Mr. Morrissey questioned how much of this cost for repair in the sidewalk is due to uneven and non-
fractured sidewalk squares.
Jamie Knutson, City Engineer, explained that he does not have that information readily available and it
will take a considerable amount of staff hours to review each of the individual forms.
Mayor Hart commented that Mr. Morrissey's request would need council majority in order to reassign
staff priority to undertake this task.
Resolution adopted and upon approval by Mayor assigned No. 2021-053.
159466 - Morrissey/Grieder
1.A.9 Resolution approving Completion of Project and Recommendation of Acceptance of Work, for
work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of$3,580,544.71, in conjunction
February 1, 2021 Page 7
with the FY 2020 Street Reconstruction Program, Contract No. 993, and receive and file a two-year
maintenance bond. Roll-call vote-Ayes: Seven. Motion carried.
Mr. Morrissey questioned which streets were completed and which were not according to the schedule
and if Covid-19 had an impact.
Jamie Knutson explained that Aspro completed all of the streets in this project and the list can be
forwarded to council for review. He said this project was not impacted by Covid as far as funding is
concerned.
Mayor Hart questioned if all the streets in the 2020 reconstruction program have been completed.
Jamie Knutson explained that there were two reconstruction projects for 2020; one was an asphalt
project with Aspro, which has been completed. The other is a concrete project with Lodge
Construction and those streets are done with the exception of the sidewalk and a few other things on
Courtland Street, which will be finished up in the spring.
Resolution adopted and upon approval by Mayor assigned No. 2021-054.
159467 - Morrissey/Feuss
1.A.10 Resolution approving Completion of Project and Recommendation of Acceptance of Work,
for work performed by Peters Construction Corporation, of Waterloo, Iowa, at a total cost of
$951,547.33, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling
Renovation Project, and authorizing the Mayor to execute said document. Roll-call vote-Ayes:
Seven. Motion carried. Roll-call vote-Ayes: Seven. Motion carried.
Mr. Morrissey explained he wanted this item to be discussed so the public would hear what the
$951,547.33 was paying for.
Noel Anderson, Community Planning and Development Director,provided a summary of the work
done on the Exhibition Hall Ceiling.
Nathan Compton, ISG Architecture &Engineering Group, provided a detailed explanation of what
was involved in the project.
Resolution adopted and upon approval by Mayor assigned No. 2021-055.
159468 - Morrissey/Feuss
1.A.12 Resolution accepting a grant from the Black Hawk County Gaming Association for the
Convention Center Phase 3 Renovations in the amount of$820,000, requiring matching funds of
$1,500,000 and authorizing the Mayor to execute said document. Roll-call vote-Ayes: Seven.
Motion carried.
Mr. Morrissey requested information on the project.
Michelle Weidner, Chief Financial Officer, explained that the grant funds would be used to replace the
sign outside, replace the plaza in a way to honor the Sullivan family and renovate the interior of the
second floor.
Resolution adopted and upon approval by Mayor assigned No. 2021-056.
159469 - Morrissey/Feuss
1.B.4 Motion approving Change Order No. 2 with Cardinal Construction, of Waterloo, Iowa, for a net
increase of $7,615, in conjunction with the 5 Sullivan Brothers Convention Center Addition and
Renovation Project, and authorizing the Mayor to execute said document. Roll-call vote-Ayes: Seven.
Motion carried.
Nathan Compton, ISG Architecture &Engineering Group, provided an overview of the item.
159470 - Morrissey/Feuss
February 1, 2021 Page 8
1.B.5 Motion approving change orders No. 2 and No. 3 with Kidder Construction, Inc., of Waterloo,
Iowa, for no increase to total project, in conjunction with the City of Waterloo Public Works Truck
Wash Project, Contract No.19-23490 and authorizing the Mayor to execute said documents. Roll-call
vote-Ayes: Seven. Motion carried.
Randy Bennett, Public Works Division Manager,provided an overview of the item.
159471 - Morrissey/Feuss
1.B.6 Motion approving Change Order No. 3 with Cardinal Construction, of Waterloo, Iowa, for a net
increase of $753.00 in conjunction with the 5 Sullivan Brothers Convention Center Addition and
Renovation Project, and authorizing the Mayor to execute said document. Roll-call vote-Ayes: Seven.
Motion carried.
Nathan Compton, ISG Architecture &Engineering Group,provided an overview of the item.
159472 - Morrissey/Feuss
1.B.7 Motion approving Change Order No. 6 with Peters Construction Corporation,of Waterloo,Iowa,
for no increase to the project total, in conjunction with the 5 Sullivan Brothers Convention Center
Exhibition Hall Ceiling Renovation Project,and authorizing the Mayor to execute said document. Roll-
call vote-Ayes: Seven. Motion carried.
Nathan Compton provided an overview of the item.
PUBLIC HEARINGS
159473 - Morrissey/Grieder
that proof of publication of notice of public hearing on FY 2021 Greenbelt Lake REAP Grant
Project, Contract No. 1042, as published in the Waterloo Courier on January 22, 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.
159474 - Morrissey/Grieder
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
159475 - Morrissey/Grieder
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. 2021-057.
159476 - Morrissey/Grieder
Motion to receive and file and instruct City Clerk to read bids and refer to Leisure Services Director
for review.
Bidder Bid Security Bid Amount Alternate
Boulder Contracting
Grundy Center, IA 5/o $252,150.00 $50,000.00
Taylor Construction, Inc. °
5/o $473,000.00 $95,000.00
New Vienna, IA
Peterson Contractors Inc.
5% $314,101.22 $100,000.00
Reinbeck, IA
Voice vote-Ayes: Seven. Motion carried.
February 1, 2021 Page 9
159477 - Amos/Feuss
that proof of publication of notice of public hearing on a request by the City of Waterloo to rezone
approximately thirty-nine (39) acres from"A-1"Agricultural District to "M-2,P"Planned Industrial
District, located East of 2971 Independence Avenue, as published in the Waterloo Courier on
January 22, 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.
159478 - Amos/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.
159479 - 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, to rezone approximately thirty-
nine (39) acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District, located East
of 2971 Independence Avenue", be received, placed on file, considered and passed for the first time.
Roll call vote-Ayes: Seven. Motion carried.
Noel Anderson provided an overview of the agenda item. He added that a prospect is interested in this
development site.
159480 - Amos/Feuss
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Six. Nays: One (Klein). Motion carried.
159481 - 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, to rezone approximately thirty-
nine (39) acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District, located East
of 2971 Independence Avenue",be considered and passed for the second and third times and adopted.
Roll call vote-Ayes: Seven. Motion carried.
Mrs. Juon questioned if there are any objections to the rezoning.
Noel Anderson commented there were no objections.
Ordinance adopted and upon approval by Mayor assigned No. 5586.
159482 - Feuss/Grieder
that proof of publication of notice of public hearing on Lease Agreement with Enterprise Leasing of
Waterloo, Iowa, to lease twenty-three (23) vehicles for police administrative and investigative staff.,
as published in the Waterloo Courier on January 22,2021,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.
159483 - Feuss/Grieder
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
159484 - Feuss/Grieder
February 1, 2021 Page 10
that "Resolution approving 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 authorizing the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-
Ayes: Five. Nays: Two (Grieder and Morrissey). Motion carried.
Mr. Boesen questioned if the agreement would be approved annually.
Joel Fitzgerald, Police Chief, confirmed.
Mr. Boesen questioned how the funding mechanism for the lease agreement would work.
Joel Fitzgerald provided an overview of how the police department envisions the funding working.
Michelle Weidner,Chief Financial Officer,explained that as of the end of December the salary savings
are overspent and at this time, she does not have specific information on vacancies.
Joel Fitzgerald commented that retirements will add to the salary savings and there is CARES funding
that will account for overtime and other costs.
Michelle Weidner commented that typically when police have vacancies,their overtime line increases
dramatically. She requested to see the calculations,dates for vacancies and how much overtime would
be needed for the balance of the year to be able understand the funding.
Joel Fitzgerald explained that the department received funding from the state and federal government
due to COVID to pay for overtime costs. In a normal year, they would not have as much overtime nor
the funding mechanism to help cover the expenses. He added that that particular overtime should not
be considered when moving forward with this lease, as it is an unusual occurrence. The vacancies
were signed off on internally, and that four applicants are in the process of coming on board.
Mayor Hart questioned how much money is needed to start the program.
Joel Fitzgerald commented that there is a difference of about $60,000 in operations funds.
Joe Leibold,Police Major, commented that it will depend on trade in values but the amount is between
$50,000 and$70,000.
Joel Fitzgerald confirmed that the dollar amount is $56,432.
Mr. Morrissey questioned why the city is doing this now and not waiting until budget discussions
come up. He added that the CFO sent out a memo with three options and wanted to hear further
explanation on those. He expressed concern in the difference of opinion of the CFO and Police Chief
in how funds are accounted for.
Michelle Weidner provided an overview of the memo she sent to the city council. She addressed the
impact leasing has on the city's debt capacity, explained possible options to pursue, and explained the
risk the city may take on by signing the lease agreement.
Joel Fitzgerald explained that if we should decide at some point that we do not wish to continue with
the program,then we can sell the vehicles and we'll have more than enough money to buy new vehicles
that are better than the vehicles we traded in the first place. He believes this is as close to a no-brainer
as it could be. It takes less than$60,000 and there is money in the salary line items, abandoned funds
and in CARES funds. There are several sources of funding available to allow the opportunity to be
able to refresh the vehicles that we have.
Mr. Morrissey commented that he does not feel comfortable and wants to hear a report from the Chief
Financial Officer that the city can support this without overspending.
159485 - Morrissey/
To postpone until a later date so that the Chief Financial Officer can provide a report to the council on
the affordability of the agreement. Motion failed due to a lack of a second.
February 1, 2021 Page 11
Mayor Hart questioned what type of report the councilmember wants because the city has already had
two work sessions.
Mr. Morrissey wants to alleviate his concerns that he has regarding the information that was just
provided by the Chief Financial Officer.
Michelle Weidner commented that it would be more appropriate to have a commitment from the police
department, rather than her, that they will have those savings in personnel by the end of the year.
Mayor Hart commented that if the police department doesn't have it,then they just don't do the project.
Joel Fitzgerald commented that the department certainly would not have the funding in July when the
budget is restarted and salary savings don't exist, and that is why we need to do this now.
Mr. Boesen commented that each year in the CIP, we have been putting in for cruisers and an
investigative vehicle, yet we have not purchased an investigative vehicle since 2017. If this breaks-
even, great. If this loses $22,500 a year, that is the cost of the investigative vehicle that we are
budgeting in CII' every year. He believes this is a good program.
Resolution adopted and upon approval by Mayor assigned No. 2021-058.
159486 - Amos/Grieder
that proof of publication of notice of public hearing on the Sale and conveyance of city owned
property,located south of 1246 Martin Road,to IPE1031 REV279,LLC, (Cardinal Construction), and
to approve the Fourth Amendment to a Development Agreement to convey additional land and award
four years at 50 percent tax rebates for the expansion/construction of a shared detention pond system.,
as published in the Waterloo Courier on January 22,2021,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.
159487 - Amos/Grieder
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
159488 - Amos/Grieder
that "Resolution authorizing the sale and conveyance of city owned property located south of 1246
Martin Road, to IPE 1031 REV279, LLC, in the amount of$1.00, 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. 2021-059.
159489 - Amos/Grieder
that"Resolution approving a Development Agreement,to include additional rebates for four(4) years
at 50% for a shared detention system, 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. 2021-060.
159490 - Feuss/Grieder
that proof of publication of notice of public hearing on 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,as published in the Waterloo Courier on January 22,2021,
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.
February 1, 2021 Page 12
159491 - Feuss/Grieder
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
159492 - Feuss/Grieder
that "Resolution authorizing the sale and conveyance of city owned property located south of 1213
Beech Street, to Walter and Kelly Reed, in the amount of$1,738.80, and authorizing the Mayor and
City Clerk to execute said documents", 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. 2021-061.
159493 - Feuss/Grieder
that "Resolution approving a Development Agreement 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. 2021-062.
RESOLUTIONS
159494 - Grieder/Feuss
that "Resolution adopting a face mask mandate for the City of Waterloo", be adopted. Roll call vote-
Ayes: Seven. Motion carried.
Mr. Grieder provided an overview of the item. He added that the variant of COVID-19 that is even
more contagious has now been found in two eastern Iowa counties.
Mr. Boesen asked that the 12 weeks be removed and that the resolution be extended indefinitely until
the Mayor through discussion with the Health Department, feels it is appropriate to remove the
mandate.
159495 - Boesen/Juon
Motion to remove the 12-week ending date and insert after the word effect, "indefinitely until the
Mayor and Health Department, working together, determine when it is appropriate to end the
mandate". Roll call vote-Ayes: Seven. Motion carried. Note: this amendment changes Section 7 of
the resolution.
Mr. Grieder commented that he wanted the resolution to be flexible when it was originally proposed
but that he is supportive of the amendment as vaccines are being rolled out as we speak.
Mayor Hart added that the city has an internal COVID response team that constantly reviews the status
of each department and information from both the CDC and Public Health Department, and that there
is sufficient due diligence prior to council voting to extend the mandate.
Mr. Morrissey commented that he is in favor of the amendment and questioned if council would need
to vote to terminate the resolution since the amendment is to extend it indefinitely.
Mayor Hart commented that he would have a discussion with city council before any decision to
terminate the resolution.
Mr. Boesen clarified that purpose of his amendment was to give the Mayor the authority to terminate
the mandate so it does not have to keep coming back to council.
Mr.Amos clarified that the council had voted some time back to give the Mayor power in emergencies
to make certain decisions.
Mrs. Klein commented that she supports Mr. Boesen's amended version and likes the flexibility that
could prevent us being locked into a certain date if it is not needed.
February 1, 2021 Page 13
Mr. Grieder stated that he wishes to call the question to keep things moving.
Resolution adopted and upon approval by Mayor assigned No. 2021-063.
159496 - Grieder/Feuss
that "Resolution approving an agreement with deNovo Marketing, LLC, of Cedar Rapids, Iowa, to
provide consulting services and guide the 2030 Waterloo Community Vision and Strategic Plan, in
the amount of $50,000, 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. 2021-064.
159497 - Grieder/Feuss
that"Resolution approving the Convention and Visitors Bureau Board recommendations for funding
a hotel-motel mini grant applications for the Iowa Boys/Girls State Bowling Tournament, in the
amount of$3,000 and the Cedar Valley Invitational Collegiate Bowling Tournament, in the amount
of$1,000", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-065.
159498 - Klein/Feuss
that "Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of
Cedar Falls, Iowa, in an amount not to exceed $22,860, in conjunction with the FY 2020 Courtland,
Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, 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. 2021-066.
159499 - Klein/Feuss
that "Resolution approving the System Wide Infrastructure Framework (SWIF) Letter of Intent, in
conjunction with the levee relief well testing and rehabilitation for the Waterloo, Iowa—RDB Cedar
River/RDB Black Hawk Creek (SW) levee system, 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. 2021-067.
159500 - Klein/Feuss
that "Resolution approving an Amendment to a Development Agreement with Black Hawk
Contracting and Development, Co., of Waterloo, Iowa, originally executed February 17, 2014, to
reassign the agreement to Paramount Investments, LLC, and modifying the rebates for years one (1)
through three(3), for the project located at 3 01-3 11 E. 3rd 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. 2021-068.
159501 - Grieder/Feuss
that"Resolution approving a Professional Services Agreement with AECOM Technical Services,Inc.,
of Waterloo, Iowa, in an amount not to exceed $83,500, in conjunction with the FY 2021 Center for
the Arts Parking Improvements, Phase 3, Northwest Half, Contract No. 1004, 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. 2021-069.
159502 - Grieder/Feuss
February 1, 2021 Page 14
that "Resolution approving an amendment to Lease Agreement with Anderson and Anderson Farms,
to farm approximately 36.1 acres of city-owned land, generally located north and east of North
Crossing development and on the east side of E. 4th Street, and authorizing the Mayor and City Clerk
to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Boesen questioned when future development would be brought back before council.
Noel Anderson provided a brief overview of the intention to move forward with a development
agreement amendment and this would be brought before council within the next month or so.
Resolution adopted and upon approval by Mayor assigned No. 2021-070.
159503 - Grieder/Feuss
that"Resolution approving Supplemental Agreement No. 3 with Willett Hofmann, (formerly Ament),
of Cedar Rapids, Iowa, in conjunction with construction engineering services for the Ansborough
Avenue Widening Project, Iowa DOT Project Number STP-A-8155(757) 86-07, in the amount of
$1,055.05, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll
call vote-Ayes: Seven. Motion carried.
Sandie Greco, Traffic Operations Director,provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2021-071.
159504 - Morrissey/Boesen
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. Roll call vote-Ayes: Five. Nays: Two (Amos and Morrissey). Motion carried.
Gary Stephens, 202 Fairfield Street, commented that he has lived in the neighborhood for 75 years.
He read the occupations of the individuals who do not want to see the neighborhood change.
Bob Manning, Cedar Valley Home Builders Association, residing at 2908 W. Yd Street, Cedar Falls,
commented that this piece of property is exactly what is needed in our communities and will add to
the tax base. He said it is a very kept up neighborhood with homeowners who take pride in their
properties. He spoke to many of the benefits of developing this land and said that the Cedar Valley
Home Builders Association is in full support of this project.
Charles Hart, 232 Fairfield Street, commented that he and his wife have lived on the street since 1972
and this is a well-kept neighborhood. The street is full of wild life, bird watchers, and families. He
stated that the neighborhood does not want the increased traffic or congested parking.
Tony McGrane, 229 Fairfield Street, commented that he and his family moved to the neighborhood in
2015 from the west side to their current home because it is an established neighborhood, and for the
character and quietness of the area. With the addition of five new homes, the traffic will be nearly
doubled or 100 percent of the current traffic.
Kent Cowell, 241 Fairfield Street, commented that he is opposed to this. He said that they were told
that Planning and Zoning claimed they would get $5,000 per year tax on each of these lots. He
questions that amount because he owns one half acre and his taxes are only about$2,300 per year. He
is concerned about what the heavy truck traffic during construction will do to their street and how long
it will take. He does not want to lose their quality of life.
Mr. Amos commented that Noel is doing the job he is supposed to do,which is to find homes for infill
so that we can generate tax revenue. He stated that he also works for the citizens and with so many
neighbors opposed, he cannot support the item.
Mr. Morrissey commented on an email sent to all of council by Noel Anderson and that he found the
comments made in the email to be very dismissive and condescending to the people that live in that
February 1, 2021 Page 15
neighborhood and those who are opposed to this. He said this is not a"not in my backyard" situation,
this is a quality of life issue. He felt that some comments made by Mr. Anderson were misleading.
Mayor Hart commented that condescension is in the eye of the beholder. Noel Anderson has worked
aggressively to meet the city's goals,which include transforming areas of the community to bring new
development.
Noel Anderson provided comments in response to Mr. Morrissey and outlined his responsibility to
inform council of information on the current request and past requests. He spoke to the goal of always
trying to enhance neighborhoods, following the strategic plan which talks about reducing the city's
property tax levy through a responsible balance of cost reduction, and creating buildable lots in the
CURA as well as trying to create a positive out of a 657A action. He explained that though some trees
may need to be removed, they would also try to preserve as many trees as possible. The information
he provided was not meant to misleading, he was speaking of the last house built in this block, which
was 1956.He said he appreciates the council's time and effort on this and however the council chooses
to vote on this is fine. He stated that his job is to be innovative, strategic in how we use our land and
proactive in trying to bring new builders here.
Mrs. Klein questioned the legal impact of turning down this contract.
Mayor Hart commented that any time there is a prospect of four to five houses built, other developers
throughout the community and beyond, take a look at what we do and how we treat people and how
we treat capital that could potentially come here. He does not know if we would be legally implicated
in this particular situation.
Mrs. Juon commented that she appreciates the comments from the neighbors. Many other
neighborhoods have come to council with similar complaints,because they do not want change in their
neighborhood. She stated that all developments and developers should be treated equitably. There
are numerous green spaces throughout the city and definitely in this city. She questioned that if the
wooded area was so important to the neighbors they should have bought it. She stated that she would
support the development.
Mr. Boesen commented that despite him being the one to ask that this issue be postponed to have the
opportunity to receive additional information before voting, he only heard from one individual. No
one else on the 200 block of Fairfield contacted him about this development. Though he appreciates
the number of signatures in the petition, he reviewed those signatures and only sixteen of those who
signed,actually lived on that block and some of those were husband and wire combinations. He wishes
that more people who have contacted him.
Mr. Grieder commented that he understands the deeply held desire to hang onto things of our past.
However,he also understands that as elected leaders we must think about the future and what it means
for the city and our whole community. Sometimes the decisions are touch and unpopular. He said
that he will be supporting this development agreement with the understanding that together we'll move
forward from this stronger as a neighborhood and a city.
Mr.Morrissey commented on the difference between this development and others that were mentioned
by council person Juon,because this is not privately owned and developed. The city wants to acquire
this property and then develop it, and it is totally opposed.
Resolution adopted and upon approval by Mayor assigned No. 2021-072.
OTHER COUNCIL BUSINESS
159505 - Juon/Grieder
Motion approving denial of an application for a Class C Liquor License for Deme' Enterprise, LLC,
DBA Deme' Day Spa, located at 3261 University Avenue. Voice vote-Ayes: Seven. Motion carried.
159506 - Juon/Grieder
Motion approving Change Order No. 4 with Cardinal Construction, of Waterloo, Iowa, for a net
increase of$88,881, in conjunction with the 5 Sullivan Brothers Convention Center Addition and
February 1, 2021 Page 16
Renovation Project, and authorizing the Mayor to execute said document. Voice vote-Ayes: Seven.
Motion carried.
Noel Anderson, Community Planning and Development Director, provided an overview of the item.
Nathan Compton,ISG Architecture,provided and explanation of construction plans for the convention
center.
Mr. Boesen questioned how long the city has known about needing to move forward with this. He
stated that he does not believe that this just came up and that the council should not be put into a
position to approve this tonight or we are not going to be able to have events take place this spring.
Nathan Compton explained that this change order was put together this past week. They have known
about the work since August but did not like the pricing of$150,000 that they received in December
so they went back and negotiated it down to the $88,881.
Mr.Boesen questioned what events are scheduled in the convention center between now and the Home
Show.
Michelle Weidner stated that Funky Junk-a-Loo happens before the Home Show.
Mayor Hart listed several other events that would need to be cancelled or rescheduled.
Mr. Boesen questioned if all of this work needs to be done prior to the Home Show. He said that
Cardinal listed a 7-9 week lead-time for just doors and hardware and that does not include the
installation time. Nine weeks puts us past the Home Show so he does not see how the work will be
done by the events with the lead times Cardinal has provided.
Nathan Compton explained that he was speaking with Cardinal earlier today, and he believes they
have a plan in place from conversations both with the Fire Marshal and Greg Ahlhelm.
Mayor Hart commented that this is one of the paradoxes that we have where we want to keep the
events that we have because we need the revenue, but we also need to be sure that all fire and life
safety needs are in place.
Mr. Boesen commented that when we are talking about life safety, we are talking about everything
from fire alarms, sprinklers, exits, etc., and reiterated that Cardinal's own lead-time for just doors and
hardware is 7-9 weeks and that puts us past the Home Show.
Mayor Hart commented that if we don't approve this tonight, then we know for sure that we're not
having these events. But this gives them the best chance to getting things completed and Cardinal has
said they are confident they can get this done.
ADJOURNMENT
159507 - Feuss/Boesen
that the Council adjourn at 8:11 p.m. Voice vote-Ayes: Seven. Motion carried.
Kellef �edchle �
Kelley Felchle
City Clerk