HomeMy WebLinkAbout03.01.21 Council Meeting Minutes March 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, March 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: Jonathan Grieder, Ward 2 Council Member
159581 - Juon/Grieder
that the Agenda, as amended,by adding the dollar amount of not to exceed$12,000 to Item No. 15,
and moving Item 1.A.7 to Public Hearing Item No. 4, for the Regular Session on Monday, March 1,
2021, at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
159582 - Juon/Grieder
that the Minutes, as proposed, for the Regular Session on Monday, February 15, 2021, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
Swearing in of(3) new Waterloo Fire Rescue Fire Recruits—Jeremy Fuller, Dustin Stotler and
Ayala Reese.
PUBLIC COMMENTS
Mrs. Klein commented that she is asking to come back at the next council meeting.
Mayor Hart commented that he is constantly taking a look at COVID-19 levels and anticipates
returning to council chambers soon.
Mr. Boesen commented that he is looking for an update to the lease agreement with Enterprise rental
car and asked when we can expect delivery of the vehicles.
Chief Fitzgerald commented that his expectation is approximately 15-20 days.
Mr. Boesen questioned the status of the Ban the Box training that was discussed prior to Covid-19.
Mrs. Juon provided an update on the progress being made with the Fair Chance Initiative and
explained that a training session was held via Zoom with approximately 125 attendees.
159583 - Juon/Grieder
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
159584 - Juon/Amos
that the following items on the consent agenda be received,placed on file and approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated February 22,
2021, in the amount of$1,526,159.92 and March 1, 2021, in the amount$2,786,926.76, 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. 2021-107.
2. Resolution approving cancellation of special assessments for properties located at 1804 E.
4th Street, 413 Wellington Street and 2929 Spruce Lane, and authorizing the City Clerk to
notify Black Hawk County Treasurer of said cancellation.
March 1, 2021 Page 2
Resolution adopted and upon approval by Mayor assigned No. 2021-108.
3. Resolution approving Variance to Noise Ordinance request from Crossroads Community
Church of the Nazarene, for a community block party to held in the parking lot located at
3622 Hammond Avenue, on June 12, 2021, from 10:30 a.m. to 3:30 p.m., in conjunction with
a praise and worship event, along with a live band and use of a PA system.
Resolution adopted and upon approval by Mayor assigned No. 2021-109.
4. Resolution approving Order accepting Acknowledgment/Settlement Agreement and check in
the amount of$300, from Broadway Liquor, 821 Broadway Street, Waterloo, Iowa, for sale
of tobacco to minor violation-first offense, and authorizing the Mayor and City Clerk to
execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2021-110.
5. Resolution approving acceptance of improvements of Lincolnshire Addition, submitted by
Clapsaddle-Garber Associates, Inc., and performed by Midwest Development Company,
Rathje Construction Co., and Central States Concrete, LLC, and file two-year maintenance
bonds.
Resolution adopted and upon approval by Mayor assigned No. 2021-111.
6. Resolution awarding bid to Woodruff Construction, Inc., of Waterloo, Iowa, in the amount of
$3,587,300 (Base Bid+Alternates 1, 2, 3, and 4), approving the contract, bonds and
certificate of insurance, in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs -
Phase I Project, Contract No. 951, and authorizing the Mayor and City Clerk to execute said
documents.
Resolution adopted and upon approval by Mayor assigned No. 2021-112.
7. Resolu4ion setting da4e of publie heafing as Mar-eh 25, 2021 to approve the FYE 2
•
ReseltAien adepted and iipen approval by Mayef assigned Ne. 2021
DGOGWater-leeial 1042020, LLG, to rezone a 3.46 aer-e pr-opet4y loeated fieftheast of 2600
said netiee.
Reseltttien adepted and iipen approval by Mayof assigned Ne. 2021
9. Resolution setting date of public hearing as March 15, 2021 on the proposed issuance of not
to exceed$19,750,000 General Obligation Bonds, for essential corporate purposes, and
instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-113.
10. Resolution setting date of public hearing as March 15, 2021, to authorize the sale and
conveyance of property located north of 3488 Wagner Road, to Camenzind Masonry, LLC,
in the amount of$1.00, with a Development and Minimum Assessment Agreement, for the
development of a new industrial building, and instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-114.
11. Resolution approving preliminary plans, specifications and form of contract, etc., setting date
of bid opening as March 25, 2021, and date of Public Hearing as April 5, 2021, in
conjunction with the Waterloo Regional Airport Hangar Rehabilitation Improvement Project,
Iowa DOT Aviation Bureau CSVI Project No. 9-I-210-ALO-200, and Iowa DOT Contract
No. 22634, and instruct the City Clerk to publish said notice.
March 1, 2021 Page 3
Resolution adopted and upon approval by Mayor assigned No. 2021-115.
12. Resolution approving preliminary plans, specifications, form of contract, bid documents etc.,
setting date of bid opening as March 18, 2021 and date of public hearing as April 5, 2021, in
conjunction with the 2021-2023 Right-of-Way Mowing Contract, and instruct the City Clerk
to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-116.
13. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as March 11, 2021 and date of public hearing as March 15, 2021, in conjunction
with (RACM) Demolition Services, Contract No. RD-2021-03-01P, located at 220 Hopkins
Court, and instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-117.
14. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as March 25, 2021 and date of public hearing as April 5, 2021, in conjunction
with the FY 2021 Reconstruction Program, Contract No. 1023, and instruct the City Clerk to
publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-118.
15. Resolution approving preliminary plans, specifications, form of contract etc., setting date of
bid opening as March 25, 2021 and date of public hearing as April 5, 2021, in conjunction
with the FY 2022 Complaint Mowing with Complaint Snow Removal Contract, and instruct
the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-119.
16. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as March 11, 2021 and date of public hearing as March 15, 2021, in conjunction
with asbestos abatement services at 725 Glenwood Street, 663 Kern Street, 214 Cottage
Street, 409 Wellington Street, 200 Merriman Street, 413 Wellington Street, 915 Linden
Avenue, and 921 W. 2nd Street, and directing the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-120.
17. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as March 11, 2021, and date of public hearing as March 15, 2021, in conjunction
with demolition services, Contract No. D-2021-03-6P, located at 1004 Fulton Street, 179
Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, and 242
Hogle Street, and instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-121.
18. Resolution approving changing the location of a city council special session meeting
scheduled for March 25, 2021 at 5:30 p.m., and a city council planning session scheduled for
March 29, 2021 at 5:30 p.m., to the Schoitz Room at the Waterloo Center for the Arts, and
instruct City Clerk to publish said notice of change of location.
Resolution adopted and upon approval by Mayor assigned No. 2021-122.
19. Resolution setting date of public hearing as March 15, 2021, to authorize the sale and
conveyance of property located north of 3620 Wagner Road, to Camenzind Masonry, LLC,
in the amount of$1.00, with a Development and Minimum Assessment Agreement, for the
development of a new industrial building, and instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-123.
b. Motion to approve the following:
March 1, 2021 Page 4
1 Travel Requests
Name & Title Amount
of Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Officer Jakoubek Writing Well for Public Ankeny, IA 3/4/2021 $185
Safety Forces
b. Sgt. Missy Ludwig Iowa Association of Sioux City, IA 3/8-9/2021 $298
Women Police
Conference
c. Lt. Greg Fangman FBI Law Enforcement Aurora, IL 3/22-26/2021 $1,497
Executive Development
Association Internal
Affairs Training
d. Dave Jensson, Basic Fire Investigation Camp Dodge, 4/26—5/1 & $1,405
Lieutenant Course I Johnston, IA 5/3-7/2021
2. Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunda
a. Amalgamated Local 838 C Liquor w/Outdoor Renewal 2/28/2022
UAW, 2615 Washington Service
Street
b. Buzz's Bar, 1016 Maynard C Liquor w/Outdoor Renewal 3/14/2022 x
Avenue Service
c. Crossroads Cinema, 2450 Special Class C Liquor New 3/15/2022 x
Crossroads Blvd.
*Ownership Update*
d. Elitte Cafe Bar, 1108 C Liquor Renewal 2/7/2022 x
Jefferson Street
e. Fairfield Inn& Suites, 2134 B Wine/C Beer Renewal 9/30/2021 x
LaPorte Road
f. Knights of Pythias-Furgerson A Liquor w/Outdoor New 1/31/2022 x
Lodge#5, 244 Ash Street Service
*Ownership Update*
g•
Lane's Comer- Store, T nine C Beni New 34/2022 x
Falls Avem Liquef
h. Prime Mart, 3535 Marigold B Wine/C Beer/E Renewal 1/19/2022 x
Drive Liquor
i. Ray's Supermarket, 1975 B Wine/C Beer/E Renewal 3/2/2022 x
Franklin Street Liquor
j. Sam's Club#6514, 210 E. B Wine/C Beer/E New 3/1/2022 x
Tower Park Drive * Liquor
Ownership Update*
k. Sycamore Convenience, 617- B Wine/C Beer/E Renewal 3/11/2022 x
619 Sycamore Street Liquor
1. Uni Mart, 1615 Bishop B Wine/C Beer/E Renewal 2/28/2022 x
Avenue Liquor
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration Date New or
Re-Appointment
Robert Bamsey Leisure Services Commission March 1, 2024 Re-Appointment
Jadyn Spencer Leisure Services Commission March 1, 2024 Re-Appointment
Michael Hudson Memorial Hall Commission March 31, 2024 New
March 1, 2021 Page 5
4. Recommendation of appointment of Wade Ingamells, from the Civil Service List, to the position of
Golf Maintenance II in the Leisure Services Department, effective March 2, 2021.
5. Motion approving Change Order No. 7 with Cardinal Construction Inc., of Waterloo, Iowa, for no
increase to the project total, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse
Chiller Renovation Project, and authorizing the Mayor to execute said document.
5. Exception to Burning Yard Waste Application by Tom Herzmann, on behalf of Cedar Valley Youth
Soccer Association, to burn 21 acres of native prairie on the corner of DeWitt Road and W. Ridgeway
Avenue, March 20 - May 10, 2021.
7. Exception to Burning Yard Waste Application by Sharon Stiles to burn up to 18.81 acres of native
prairie on their farmland located at 4335 Logan Avenue during the month of April 2021, weather
permitting.
Roll call vote-Ayes: Seven. Motion carried.
159585 - Morrissey/Grieder
Resolution setting date of public hearing as March 15, 2021, to approve a request by
DGOGWaterlooia11042020, LLC,to rezone a 3.46 acre property located northeast of 2600 E. Shaulis
Road from "A-1" Agricultural District to "C-P" Planned Commercial District with conditions, to
construct a new Dollar General Store, and instruct the City Clerk to publish said notice. Roll call vote-
Ayes: Seven. Motion carried.
Mr. Morrissey requested clarification of the project.
Noel Anderson,Community Planning and Development Director,provided clarification and explained
additional information would be available at the time of the public hearing.
Resolution adopted and upon approval by Mayor assigned No. 2021-124.
159586 - Morrissey/Feuss
1.b.2.g Approved Beer, Liquor, and Wine Applications
Name &Address of Class New or Expiration Includes
Business Renewal Date Sunda
Lane's Corner Store B Wine/C Beer/E New 3/1/2022 x
2027 Falls Avenue Liquor
Roll call vote-Ayes: Seven. Motion carried.
Mr. Morrissey explained that he has been in contact with several members of the community who are
concerned about what type of store this may eventually become. He commented that the proprietor
has passed the vetting process, and that he will be voting to approve this item. He stated that he wants
any concerned citizens to understand that there is the possibility of establishing an overlay district in
the future, which would impose certain eligibility restrictions and requirements.
Dalane Morehead, Lane's Corner Store,provided an overview of his plans for the store.
Mayor Hart and the city council discussed the necessity of an overlay district.
PUBLIC HEARINGS
159587 - Morrissey/Feuss
that proof of publication of notice of public hearing on a request by the City of Waterloo to rezone
approximately 17.50 acres from"A-1"Agricultural District and"M-1" Light Industrial District to
"C-P"Planned Commercial District and"B-P"Business Park District located at 700 Falls Avenue,
as published in the Waterloo Courier on February 19, 2021,be received and placed on file. Voice
vote-Ayes: Seven. Motion carried.
March 1, 2021 Page 6
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
159588 - 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.
159589 - Morrissey/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
approximately 17.50 acres from"A-1"Agricultural District and"M-1"Light Industrial District to "C-
P" Planned Commercial District and `B-P" Business Park District, located at 700 Falls Avenue", be
received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion
carried.
Noel Anderson, Community Planning and Development Director, provided an update of the rezoning
project.
Mr. Grieder questioned if there is currently a firm plan for moving forward on this property or if this
action is to add to our portfolio.
Noel Anderson explained that action was initially set up to add to the portfolio, but there has been
recent interest however, there is still work to be done prior to any development.
159590 - Morrissey/Feuss
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: One. Nays: (Boesen, Amos, Morrissey, Klein, Grieder, and Juon).
Motion failed.
Noel Anderson commented that there was one opposition on redeveloping the Greenfield site and that
that timing is not an issue.
159591 - Amos/Grieder
that proof of publication of notice of public hearing on Adoption of the University Avenue Area
Urban Renewal and Redevelopment Plan, as published in the Waterloo Courier on February 18,
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.
159592 - Amos/Grieder
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.
159593 - Amos/Grieder
that "Resolution determining an area of the City to be an economic development area, determining
that the development or redevelopment of said area is necessary in the interest of the public health,
safety or welfare, designating said area as appropriate for an urban renewal project, and approving the
plan amendment", be adopted. Roll-call vote-Ayes: Five. Nays: Two (Klein and Boesen). Motion
carried.
Noel Anderson provided an overview of the item.
Mr. Grieder questioned the TIF district timeline.
March 1, 2021 Page 7
Noel Anderson commented that there is possibility of an early release as they are seeing added interest
in the corridor due to completing the project.
Mrs. Juon commented that she received a call from a resident who was concerned that an urban
renewal had no timeline or sunset.
Noel Anderson explained that under the current code,the blighted urban renewal TIF's have no sunset,
but the economic development TIF's under urban renewal would still have the 20-year time frame.
Mr. Morrissey questioned if there are plans down the road to merge this with other TIF districts as
was done with Logan Avenue and Midport TIF's.
Noel Anderson commented that there are no plans at this time to merge this TIF with others.
Mr. Boesen commented that he is not in favor of this because he believes the TIF district is too broad,
and then described its boundaries. Currently the city has a large amount of TIFs and several are
underperforming. He stated he would not have a problem revisiting this in the future but is not in
favor at the moment.
Mrs. Klein commented that she believes the city over TIFs currently and explained why.
Mayor Hart questioned when creating a TIF district is beneficial to the city and why the decision was
made to include these areas.
Noel Anderson commented that currently the city has several large vacant commercial buildings.
When working in an older corridor, there are larger costs for demolition, etc. The TIF gives investors
additional dollars through rebates to incentivize and spur future development.
Mrs. Klein commented that the city is just finishing University Avenue and it looks beautiful. The
council was told that when construction concluded businesses would be flocking to the area. She said
that the city should give the taxpayers a break and not TIF this area.
Mr. Morrissey commented that TIF has become a huge fact of life in Iowa and that not utilizing it
would put us at a disadvantage.
Noel Anderson confirmed that TIF gives the city a competitive edge.
Mr. Morrissey questioned the consequences to development if the city does not pursue this TIF
District.
Noel Anderson explained the potential impacts, including potentially halting four projects.
Mrs. Klein commented that she does not understand why the proposed district is so incredibly large
and that the TIF should only encompass University Avenue.
Mayor Hart clarified that in this district there is an existing amount of taxable value in the district.
Any new dollars stay within the area and go toward debt service.
Mr. Boesen expressed his concerns that the city is looking at the largest capital improvement program
that he can remember and it eventually all needs to be paid back. He is worried the city is getting too
far ahead of itself and he will not be supporting this.
Resolution adopted and upon approval by Mayor assigned No. 2021-125.
159594 - Amos/Grieder
that"an ordinance providing that general property taxes levied and collected each year on all property
located within the newly described University Avenue Area Urban Renewal and Redevelopment Plan
Area, in the City of Waterloo,County of Black Hawk, State of Iowa,by and for the benefit of the State
of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, Cedar Falls
School District and other taxing districts,be paid to a special fund for payment of principal and interest
on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by
March 1, 2021 Page 8
said City in connection with said Urban Renewal Project",be received,placed on file, considered and
passed for the first time. Roll call vote-Ayes: Seven. Motion carried.
159595 - Amos/Grieder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Six. Nay: One (Klein). Motion carried.
159596 - Amos/Grieder
that"an ordinance providing that general property taxes levied and collected each year on all property
located within the newly described University Avenue Area Urban Renewal and Redevelopment Plan
Area, in the City of Waterloo,County of Black Hawk, State of Iowa,by and for the benefit of the State
of Iowa, City of Waterloo, County of Black Hawk,Waterloo Community School District, Cedar Falls
School District and other taxing districts,be paid to a special fund for payment of principal and interest
on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by
said City in connection with said Urban Renewal Project", be considered and passed for the second
and third times and adopted. Roll call vote-Ayes: Six. Nays: One (Klein) Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5588.
159597 - Juon/Amos
that proof of publication of notice of public hearing on FYE 2022 Budget Maximum Property Tax
Levy, as published in the Waterloo Courier on February 19, 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.
Kelley Felchle, City Clerk, read comments received via email from Dave Dreyer and Dr. Sherry
Gable,both are opposed to raising taxes.
Forest Dillavou, 1725 Huntington Road, commented that he is opposed to a tax increase at this time.
He explained that he has an account where he deposits his social security and pension and learned
this week that it is no longer enough to cover his expenses and he will now have to find additional
income. Every time the city buys property and gives it away, and takes away a tax base likes what is
happening in the TIF areas it starves out the citizens.
Michelle Weidner, Chief Financial Officer, provided an overview of the item and explained that
council will need to approve this item with five affirmative votes.
159598 - Juon/Amos
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote-Ayes: Seven. Motion carried.
159599 - Juon/Amos
that "Resolution approving the Maximum Property Tax Askings as defined under Iowa Code Section
384.15A in the amount of$38,259,216, an increase in total collections of$2,912,595, or 8.24%, for
the budget year ending June 30, 2022", be adopted. Roll-call vote-Ayes: Six. Nays: One (Klein).
Motion carried.
Mr. Grieder commented that he would like to see information what would happen to city services if
we kept the tax rate the same.
Michelle Weidner, Chief Financial Officer, commented that the city would have to cut approximately
4 million dollars.
Mr. Grieder questioned if we cut 4 million from the budget if there would be any way to protect front
line emergency personnel.
March 1, 2021 Page 9
Michelle Weidner provided an example of what a budget cut that size could look like. She said the
taxes for the Culture & Recreation areas are less than $7 million and that all of that would have to be
eliminated and only have public safety.
Mr. Amos commented that cuts would have to come from both police and fire services.
Mayor Hart commented that it is a rough year across the board both at the city and for people in our
community. He assured council that the final levy rate would not come in at this level.
Mr. Morrissey questioned how the CFO came up with the amount of$38,259,216 and what happens
if this resolution does not pass.
Michelle Weidner explained how the levy rate was determined. Currently staff are working on ways
to reduce that dollar amount. If this does not pass tonight, the council has to hold a special session to
pass set the maximum levy rate. If the council does not do this, we have to accept last year's Tax
Asking, which would be devastating.
Resolution adopted and upon approval by Mayor assigned No. 2021-126.
159600 - Juon/Grieder
Resolution setting date of public hearing as March 25, 2021 to approve the FYE 2022 budget, and
instruct the City Clerk to publish said notice. Roll-call vote-Ayes: Six. Nays: One (Klein). Motion
carried.
Mr. Morrissey questioned how many budget meetings are planned with the council between now and
March 25.
Mayor Hart commented that March 15th would be the next meeting.
Michelle Weidner commented that it would be up to council.
Mr. Morrissey questioned if the council would hear proposals from all the departments.
Michelle Weidner commented that they are planning to post all of the departmental information on
the city website.
Mr. Morrissey questioned if that would be before the first meeting.
Mayor Hart commented that they are hoping to have all of the information together on Monday and
that there is another council meeting on the 15th, and a budget hearing on the 25th. He clarified that
the city will not be doing 25 different presentations this year and that departments will upload their
power point presentations for reviewing. He questioned how council wants him to proceed.
Resolution adopted and upon approval by Mayor assigned No. 2021-127.
159601 - Morrissey/Feuss
that proof of publication of notice of public hearing on sale and conveyance of property generally
located near 1010 Fletcher Avenue, to LG Companies, LLC, in the amount of$5,000, and approval
of a development agreement with $25,000 in infill incentives, in conjunction with the development
of two new twin homes, as published in the Waterloo Courier on February 19, 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.
Kyle Larson, LG Companies, LLC, 4104 Wedgewood Drive, Cedar Falls, provided a brief overview
of the item.
159602 - Morrissey/Feuss
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes:
Seven. Motion carried.
March 1, 2021 Page 10
159603 - Morrissey/Feuss
that "Resolution authorizing the sale and conveyance of a portion of city-owned property to LG
Companies, LLC, in the amount of $5,000, generally located near 1010 Fletcher Avenue, and
authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes:
Five. Nays: Two (Klein and Boesen). Motion carried.
Mr. Boesen questioned whether the concerns of people in the twin homes using Byrnes Park Pro Shop
parking had been addressed. He also stated that he is not in favor of refunding the purchase price of
the land.
Noel Anderson commented that it is 40 feet of land that is being used as excess parking during the
Waterloo Open and explained that without the city's 40 feet of property,the developer would not have
enough land to build the two new twin homes that they have proposed. He provided a brief overview
of the parking design, which would address parking concerns.
Mayor Hart questioned how tenants would be encouraged not to use golf course spaces.
Kyle Larson explained that the plan is to create a courtyard effect on the ground floor by using
arborvitaes and conifers to create a boundary along the west property line.
Mr. Amos questioned the estimated tax dollars the city will receive.
Noel Anderson commented that currently the property at 1010 Fletcher has an assessed value of
$76,400. They have looked at a couple of other twin homes built in 2019, and they are anticipating
the new taxable value would be closer to $630,000 or an increase of$12,000 per year in taxes.
Mrs. Klein commented that the only thing that bothers her is that the city is giving away too much.
Resolution adopted and upon approval by Mayor assigned No. 2021-128.
159604 - Morrissey/Grieder
that"Resolution approving a Development Agreement with LG Companies, LLC, for the construction
of two new twin homes, with $25,000 in infill incentives, and authorizing the Mayor and City Clerk
to execute said document", be adopted. Roll-call vote-Ayes: Five. Nays: Two (Klein and Boesen).
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-129.
159605 - Morrissey/Feuss
that proof of publication of notice of public hearing on sale and conveyance of city-owned property
located west of 225 Sumner Street, to Elisa Walker and Bre'onna Walker, in the amount of$200, and
approval of a development agreement including approximately$20,000 in improvements to the
abutting house, as published in the Waterloo Courier on February 19, 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.
159606 - Morrissey/Feuss
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
159607 - Morrissey/Feuss
that"Resolution authorizing the sale and conveyance of a portion of city-owned property located west
of 225 Sumner Street, to Elisa Walker and Bre'onna Walker, in the amount of$200, and authorizing
the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Six. Nays:
One (Boesen). Motion carried.
March 1, 2021 Page 11
Mr. Boesen commented that he is apprehensive about entering into a development agreement to pull
permits by specific dates and make improvements on a home that is still part of an estate and not yet
owned by the developer.
Noel Anderson explained that these concerns were shared with the developer who said the family was
eager to move forward and they felt they could meet the terms of the agreement.
Mayor Hart questioned if the city is currently maintaining the lot.
Noel Anderson confirmed.
Mr.Amos questioned if the development agreement would become null and void if the developer does
not take ownership of the property.
Noel Anderson explained that the development agreement was set up with diversionary language so
if the developer was not able to meet the terms of the agreement as stated, the property would revert
back to the city of Waterloo.
Mayor Hart questioned if the developer could pay whatever it costs.
Noel Anderson commented that the sale price is $200 based on the improvements they are planning
to make. They would be paying the $200 upfront to gain the deed.
Mayor Hart questioned the cost of the property.
Noel Anderson confirmed the sales price is $200 and provided details of the pricing based on the Sale
of Property Policy.
Mrs. Klein questioned if permits could be issued without ownership.
Noel Anderson commented that a contractor can take out permits.
Mrs. Klein questioned if the developers can touch the house, without ownership.
Martin Petersen, City Attorney, commented that the estate has applied for court approval to
consummate the sale of the house. The development agreement could be drafted with contingencies
where it would revert to the city as Mr. Anderson has indicated.
Mr. Boesen explained that he supports the development of this property,but is concerned that moving
forward before ownership will make it difficult for them to meet the timeline for the improvements.
He suggests bringing this back to council when they have ownership then update the terms of the
agreement that would provide them a full year to meet the timeline, instead of having to amend a
development agreement.
Mr. Morrissey questioned if this home is part of the Triangle area.
Noel Anderson commented that this is abutting the triangle area, built in 1909.
Resolution adopted and upon approval by Mayor assigned No. 2021-130.
159608 - Morrissey/Amos
that "Resolution approving a Development Agreement with Elisa Walker and Bre'onna Walker, for
approximately $20,000 for improvements to the abutting house, and authorizing the Mayor and City
Clerk to execute said document",be adopted. Roll-call vote-Ayes: Six. Nays: One(Boesen). Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-131.
RESOLUTIONS
159609 - Klein/Amos
March 1, 2021 Page 12
that "Resolution approving a request by Kasim Mustedanagic for the final plat of Mustedan First
Addition, a replat of a portion of Ken Dahl First Addition, a 3-lot residential subdivision located south
of 4245 W.4th Street,authorizing the Mayor and City Clerk to execute said documents,and rescinding
Resolution No. 2020-856",be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-132.
159610 - Klein/Amos
that"Resolution concurring with the determination of the City Planner that the proposed change to an
approved site plan within a "M-2,P"Planned Industrial District to relocate three buildings on an
approved site plan to another location is minor and shall be approved as a Minor Site Plan Amendment,
located at 1246 Martin Road", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Morrissey questioned what would happen if the flood plain standards cannot be met per the
agreement.
Noel Anderson, Community Planning and Development Director, provided an overview of the flood
plain impacts and requirements.
Resolution adopted and upon approval by Mayor assigned No. 2021-133.
159611 - Klein/Amos
that"Resolution concurring with the determination of the City Planner that the proposed change to an
approved site plan within a "R-3,R-P"Planned Multiple Residence District to change the approved
use of a veterinary clinic to a medical office and beauty salon is minor and shall be approved as a
Minor Site Plan Amendment, located at 968 Home Plaza", be adopted. Roll call vote-Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-134.
159612 - Feuss/Grieder
that "Resolution approving an Encroachment Agreement with Northern Natural Gas Company, in
conjunction with the FY 2021 E. Shaulis Road Trail Extension Project, Contract No. 1012, 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. 2021-135.
159613 - Feuss/Grieder
that "Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo,
Iowa, in the amount of$97,500, in conjunction with the Five Sullivan Brothers Convention Center
Second Floor Meeting Rooms and Adjacent Lobby Renovation 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. 2021-136.
159614 - Feuss/Grieder
that "Resolution approving a Professional Services Agreement with Amy Wienands Real Estate of
Waterloo, Iowa, in conjunction with the sale of 225 Newell Street, in an amount not to exceed
$7,752.20, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes:
Seven. Motion carried.
Noel Anderson, Community Planning and Development Director, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2021-137.
159615 - Amos/Morrissey
March 1, 2021 Page 13
that"Resolution approving a Professional Services Agreement with HR Green of Cedar Rapids, Iowa,
in the amount of$297,900, in conjunction with the 2021 EPA Brownfields Hazardous Substances and
Petroleum Assessment Grant,and authorizing the Mayor 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. 2021-13 8.
159616 - Amos/Morrissey
that"Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with
AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed February 1, 2016, in an
amount not to exceed $25,000, in conjunction with the FY 2016 Satellite Raw Wastewater Wet Well
Rehabilitation Project, Contract No. 907, 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. 2021-139.
159617 - Amos/Morrissey
that"Resolution approving Supplemental Agreement No. 4 to a Professional Services Agreement with
Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, originally executed October 10,
2016, in an amount not to exceed$12,000 in conjunction with the FY 2017 Hammond Avenue Bridge
Replacement Over Sink Creek Project, Contract No. 922, and authorizing the Mayor and City Clerk
to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Boesen questioned why the project is taking so long to complete.
Jamie Knutson, City Engineer, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2021-140.
159618 - Feuss/Grieder
that "Resolution approving Supplemental Agreement No. 5 to a Professional Services Agreement
with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed August 18, 2014, in
an amount not to exceed$75,000, in conjunction with the Dry Run Creek Interceptor Project, Contract
No. 877, 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. 2021-141.
159619 - Feuss/Grieder
that"Resolution approving request to piggyback on the State of Iowa bid for the purchase of a one (1)
2021 Chevrolet Tahoe from Karl Chevrolet of Des Moines, Iowa,in the amount of$36,455.50, for the
Police Crime Lab", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Boesen questioned where the funding for this item is coming from.
Randy Bennett, Public Works Division Manager, commented that existing bond funds would be used.
Resolution adopted and upon approval by Mayor assigned No. 2021-142.
159620 - Feuss/Grieder
that "Resolution approving request to piggyback from the current open bid originally awarded by
council on April 8, 2019, for the purchase of three (3) 2021 (or newer) 119 Explorer Police AWD, 4
Dr. SUVs, from Stivers Ford of Waukee, Iowa,in the amount of$35,088 each, for a total of$105,264,
for the Police Department",be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-143.
March 1, 2021 Page 14
ORDINANCES
159621 - Morrissey/Grieder
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 approve a 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, on a site previously approved for
two (2) duplexes, an increase in the number of approved residential units from four (4) to six (6),
located southeast of 2950 Southland Drive",be received,placed on file, considered and passed for the
second time. Roll call vote-Ayes: Seven. Motion carried.
Michael Meaney, 1909 Caras Road, Fischels Real Estate,provided an overview of the item.
159622 - Morrissey/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.
159623 - Morrissey/Grieder
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 approve a 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, on a site previously approved for
two (2) duplexes, an increase in the number of approved residential units from four (4) to six (6),
located southeast of 2950 Southland Drive",be considered and passed for the third time and adopted.
Roll call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5589.
159624 - Juon/Grieder
that the council adjourn to Executive Session at 7:46 p.m. Roll call vote-Ayes: Seven. Motion carried.
City Attorney Martin Petersen stated that the discussion of collective bargaining, pursuant to § 20.16
is an approved topic of Executive Session.
EXECUTIVE SESSION
159625 - Feuss/Morrissey
that the council adjourn Executive Session at 9:20 p.m. Voice vote-Ayes: Seven. Motion carried.
ADJOURNMENT
159626 - Feuss/Morrissey
that the Council adjourn at 9:21 p.m. Voice vote-Ayes: Seven. Motion carried.
Kelley Y-elchle Q
Kelley Felchle
City Clerk