HomeMy WebLinkAbout05.17.21 council minutes May 17, 2021
The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers,
Waterloo, Iowa, at 5:30 p.m., on Monday, May 17, 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: Sharon Juon, At-Large Council Member
159951 - Juon/Grieder
that the Agenda, as amended, to correct the name in the title and resolutions on Public Hearings Item
#5, from James Skarlis to Black Hawk Street Investments, LLC, and the removal of Item#15, for the
Regular Session on Monday, May 17, 2021, at 5:30 p.m., be accepted and approved. Voice vote-
Ayes: Seven. Motion carried.
159952 - Juon/Grieder
that the Minutes, as proposed, for the Regular Session on Monday, May 3, 2021, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
PUBLIC COMMENTS
Rod Lindquist, representing the ownership group of the Best Western at 205 W. 4ffi Street, explained
that they are announcing tomorrow that they will be opening a bar and restaurant called GR Kitchen
and Taps, which is an updated version of a Ground Round. They are set to open on June 23, 2021.
He thanked everyone for their support and encouraged them to come check out the new restaurant.
Mr. Morrissey commented questioned if the new trail along Conger will be completed in time for
RAGBRAI, he questioned when bollards will be erected along Washington and Franklin. He
questioned what will happen to the rubble along University Avenue, which was the old log site.
Jamie Knutson, City Engineer, commented that he would check on the anticipated completion date
of the new trail, and that the concrete along University Avenue will be removed as part of the
project.
Randy Bennett, Public Works Division Manager, provided an update on the bollards.
Mr. Boesen questioned why pothole filling downtown is being done during the day when it was
discussed with council previously that it would occur on third shift.
Randy Bennett explained that they are working on potholes during first and third shift to expedite
filling.
Mr. Grieder congratulated all of the graduates in the Cedar Valley.
Mrs. Juon commented that she attended the Police Memorial Service held at Veteran's Park and it
was especially meaningful this year because of the anniversary of the death of Officers Hoing and
Rice.
159953 - Juon/Grieder
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
159954 - Juon/Grieder
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
May 17, 2021 Page 2
1. Resolution approving Finance Committee Invoice Summary Report, dated May 10, 2021, in
the amount of$4,268,717.79 and May 17, 2021, in the amount of$3,266,466.40 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. 2021-302.
2. Resolution authorizing the City Clerk to certify against certain parcels for unpaid lawn/weed
mowing, snow removal, and property cleanups.
Resolution adopted and upon approval by Mayor assigned No. 2021-303.
3. Resolution approving preliminary plans, specifications, bid documents, etc., setting date of
bid opening as June 10, 2021, and date of public hearing as June 21, 2021, in conjunction
with the Ridgeway Towers Boiler Replacement Project, and instruct the City Clerk to publish
notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-304.
4HUD's
14azar-d Gentfel and Healthy Hemes, fer-a 36 fnenth grant in the amount ef$500,000 fer-thee
nide,. n< Home Medi fie do nrogr,,,.,
-5-. Resolution approving the eon4r-aet for-the grant award bet,,veen Watef4ee Housing Tmst FunA
8 and the City ef Waterloo Community Development Department, in the amount of$28,267
for-r-epair-s to existing single family owner-oeetipied homes, of w-hieh $5,500 of this awar
mst be spent on hettsehelds at or-belew 0 of Area Median ineeme er-lower-, an
authorizing the r,,,.,.,,.,.,unity Development Di-eeto,-too u* said d,,,.,,,neH4
6. Resolution approving request of Scott Ford for a waiver for a concrete approach located at
1661 Wakonda Drive due to right of way issues.
Resolution adopted and upon approval by Mayor assigned No. 2021-305.
7. Resolution approving request of Jessica Payne for a waiver for a concrete driveway, located
at 3675 Cedar Terrace Drive, with the elimination of the sidewalk section due to inability to
meet grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2021-306.
8. Resolution approving request of Claire Lichty-Mastin for a waiver for a concrete driveway,
located at 500 Magnolia Parkway(approach located on Upton Avenue), and authorize the
construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way
on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2021-307.
9. Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in an
amount not to exceed$8,639,212.15, and approving the contract,bonds, and certificate of
insurance in conjunction with FY 2021 Shaulis Road Reconstruction-Hess Road to Hwy.
218, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said
documents.
Resolution adopted and upon approval by Mayor assigned No. 2021-308.
4& ,
eof��etion with the 2021 Sidewalk inspeetion and Repair-Program Zone 1, and ,, ve
oreosts, andinstmet the City Glefk to publish noti
11. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as June 3, 2021, and date of public hearing as June 7, 2021, in conjunction with
the FY 2021 Upton Avenue and Carriage Hill Drive Storm Water Improvements, Contract
No. 1010, and instruct the City Clerk to publish notice.
May 17, 2021 Page 3
Resolution adopted and upon approval by Mayor assigned No. 2021-309.
12. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as June 3, 2021, and date of public hearing as June 7, 2021, in conjunction with
the FY 2020 Westdale Bioswale, Contract No. 997, and instruct the City Clerk to publish
notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-310.
13. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as June 3, 2021, and date of public hearing as June 7, 2021, in conjunction with
the FY 2020 Westdale Bioswale Landscaping, Contract No. 1048, and instruct the City Clerk
to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-311.
14. Resolution approving support for submission of State Revolving Fund Intended Use Plan for
the US Highway 63 South Interceptor Sewer Upgrade Project to the Iowa Department of
Natural Resources.
Resolution adopted and upon approval by Mayor assigned No. 2021-312.
15. Resolution setting date of public hearing as June 7, 2021 to approve a request by St. Martin
Land Co., on behalf of CPM Acquisition Corp., for a Site Plan Amendment to the"M-2,P"
Planned Industrial District, for construction of a 140,000 square foot
Manufacturing/Office/Warehouse facility with future additions of 30,000 square feet, for a
total of 170,000 square feet of Office/Warehouse and a storage yard located across from
2322 Leversee Road, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-313.
4-6-. ReseltAien appr-eving a Memer-andum of Understanding with lewa NeAhland Regi
Couneil of Govemments for-preparation of a GWAD 19 Relief Reer-eational Tr-ails
Program grant appheatien fer-the r-eplaeefnent of the Gedar-Prairie Tr-ail Bridge, and
au*or-izing the Mayor-to exeettte said deeumen4.
17. Resolution setting a date of public hearing as June 7, 2021 to authorize the sale and
conveyance of city owned property formerly 322 and 326 Crescent Place to Willie Outlaw, in
the amount of$1.00 with a Development Agreement for the construction of a new garage,
and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-314.
b. Motion to approve the following:
Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Inv. Jeremy Copp Homicide Investigation Hiawatha, June 8-10, $390
& Crime Scene Iowa 2021
Management
b. Matt Chesmore, Jon Ethics Training for Online June 16, $885
Martin, Kelly Martin- Specialists training 2021
Community Development
c. Chris Youngblut, 2021 Iowa Technology West Des June 16- $600
Technology Director and Geospatial Moines, Iowa 18, 2021
Conference
2• Approved Beer, Liquor, and Wine Applications
May 17, 2021 Page 4
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. Anton's Garden, 518 Special Class C Liquor Renewal 4/30/2022 x
Sycamore Street w/Outdoor Service
b. Basal Pizza, 225 W. 4th C Liquor w/Outdoor Renewal 4/30/2022
Street Service
c. CVS/Pharmacy#8544, 1825 E Liquor/B Wine/C Renewal 5/31/2022 x
E. San Marnan Drive Beer
d. Hy-Vee Food Store#2, 2181 B Wine/C Beer/E Renewal 3/23/2022 x
Logan Avenue Liquor
e. South Hills Golf Shop, 1830 C Liquor w/Outdoor Renewal 2/28/2022 x
E. Shaulis Road Service
f. Ali's Corner, 1117 E. 4th E Liquor/B Wine/ C Renewal 3/31/2022 x
Street Beer
g. J's R&B Lounge, 501 C Liquor Renewal 4/6/2022 X
Independence Avenue
h. Main Street Waterloo, B Beer w/Outdoor New 5/28/2021
Lincoln Park *6 month Service
i. S&M Entertainment, 320 E. C Liquor New 10/7/20201
4th Street, Suite C *6 month
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration Date New or
Re-Appointment
Terry Scheffert Memorial Hall Commission December 31, 2021 New Appointment
4. Motion approving Change Order No. 3 with Woodruff Construction, of Waterloo, Iowa, for a net
increase of $36,738, in conjunction with the FY 2020 Wastewater Treatment Plant Biosolids
Modification Project, Contract No. 994, and authorizing the Mayor to execute said document.
5. Motion approving Change Order No. 3 with WRH, Inc., of South Amana, Iowa, for a net increase of
$36,866.50, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Cover
Modifications, Contract No. 1021, and authorizing the Mayor to execute said document.
6. Motion approving Change Order No. 13 with Cardinal Construction, Inc., of Waterloo, Iowa, for a
net increase of$1,590, in conjunction with the Five Sullivan Brothers Convention Center Addition
and Renovation Project, and authorizing the Mayor to execute said document.
7. Motion approving Change Order No. 13 with Lodge Construction, Inc., of Clarksville, Iowa, for a net
increase of$8,551, in conjunction with the FY 2020 Courtland Street,Jefferson Street, and Mulberry
Street Reconstruction Program, Contract No. 1015, and authorizing the Mayor and City Clerk to
execute said document.
8. Motion approving Change Order No. 11 with Vieth Construction Corporation, of Cedar Falls, Iowa,
for a net increase of$18,150.05, in conjunction with the FY 2021 Highway 63 Enhancements from
Washington Street to Parker Street, Contract No. 1029, and authorizing the Mayor and City Clerk to
execute said document.
9. Recommendation of appointment of Cody Demaro,from the Civil Service list,to the position of Sewer
Maintenance Worker at the Waste Management Services Department, effective June 1, 2021.
10. Recommendation of appointment of Cody Paine, from the Civil Service list,to the position of Sewer
Maintenance Worker at the Waste Management Services Department, effective June 1, 2021.
11. Recommendation of appointment of Kyle Kayser, from the Civil Service list,to the position of Sewer
Maintenance Worker at the Waste Management Services Department, effective June 1, 2021.
12. Recommendation of appointment of Courtney Coleman to the position of Member Services/Marketing
Specialist, in the Leisure Services Department, effective June 1, 2021.
May 17, 2021 Page 5
13. Motion approving a fireworks display application for the Waterloo Bucks Ball Club, located at 850
Park Road, on June 5, 12, July 3, 4, 10, 17, 31 and August 14, 2021 starting at 10:00 p.m. and lasting
for ten minutes.
14. Bonds.
15. , fe
net iner-ease of$95,5 4 0, in eof��etion with the 5 Sullivan Brothers Convention Center-2020 Sk-)Pvalk
Roll call vote-Ayes: Seven. Motion carried.
159955 - Morrissey/Amos
1.A.4. Resolution approving the submission of a grant application to the HUD's Office of Lead
Hazard Control and Healthy Homes, for a 36-month grant in the amount of$500,000 for the Older
Adult Home Modification Program. Roll call vote-Ayes: Seven. Motion carried.
Rudy Jones, Community Planning and Development Director, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2021-315.
159956 - Morrissey/Amos
1.A.5. Resolution approving the contract for the grant award between Waterloo Housing Trust Fund
8 and the City of Waterloo Community Development Department, in the amount of$28,267 for
repairs to existing single family owner occupied homes, of which $5,500 of this award must be spent
on households at or below 30% of Area Median Income or lower, and authorizing the Community
Development Director to execute said document. Roll call vote-Ayes: Seven. Motion carried.
Rudy Jones, Community Planning and Development Director, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2021-316.
159957 - Morrissey/Grieder
1.A.10. Resolution setting date of public hearing as June 7, 2021 to approve proposed repairs, in
conjunction with the 2021 Sidewalk Inspection and Repair Program—Zone 1, and approve request
to send out notification to property owners of proposed sidewalk repairs and estimate of costs, and
instruct the City Clerk to publish notice. Roll call vote-Ayes: Seven. Motion carried.
Mr. Morrissey asked that city employees make note of repairs that are needed for sidewalks that are
sunken or not level.
Resolution adopted and upon approval by Mayor assigned No. 2021-317.
159958 - Morrissey/Grieder
1.A.16. Resolution approving a Memorandum of Understanding with Iowa Northland Regional
Council of Governments for preparation of a COVID-19 Relief Recreational Trails Program grant
application for the replacement of the Cedar Prairie Trail Bridge, and authorizing the Mayor to
execute said document. 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. 2021-318.
159959 - Morrissey/Grieder
1.B.15. Motion approving Change Order No.4 from Woodruff Construction,LLC,of Waterloo,Iowa,
for a net increase of$95,540, in conjunction with the 5 Sullivan Brothers Convention Center 2020
Skywalk Improvements Project, and authorizing the Mayor to execute said document. Roll call vote-
Ayes: Seven. Motion carried.
May 17, 2021 Page 6
Noel Anderson provided an overview of the item.
Mrs. Klein questioned how high the cost overages have been on the Convention Center and all
ancillary projects.
Noel Anderson explained that he does not have that total available at this time,but can share that with
Mrs. Klein tomorrow.
PUBLIC HEARINGS
159960 - Morrissey/Amos
that proof of publication of notice of public hearing on a request by Cedar Valley Corporation, LLC,
for a Site Plan Amendment for a temporary cement batch plant to be located across from 4342
Ansborough Avenue in the`B-P" Business Park District, as published in the Waterloo Courier on
May 7, 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.
Tom Bonner, Project Manager, Cedar Valley Corporation, requested that the rules be suspended to
keep the project moving forward in a timely manner. They anticipate being able to pave in June if
possible. He thanked city staff for their help with the process.
159961 - Morrissey/Amos
that the hearing be closed and oral comments and recommendation of approval of the Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven.
Motion carried.
159962 - Morrissey/Amos
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 approving a request by Cedar
Valley Corporation,LLC,for a Site Plan Amendment for a temporary cement batch plant to be located
across from 4342 Ansborough Avenue in the `B-P" Business Park District, with a condition that the
project be completed by October 31, 2021",be received,placed on file, considered and passed for the
first time. Roll call vote-Ayes: Seven. Motion carried.
159963 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
159964 - Morrissey/Amos
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 approving a request by Cedar
Valley Corporation,LLC,for a Site Plan Amendment for a temporary cement batch plant to be located
across from 4342 Ansborough Avenue in the `B-P" Business Park District, with a condition that the
project be completed by October 31, 2021", be considered and passed for the second and third times
and adopted. Roll call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5597.
159965 - Amos/Feuss
that proof of publication of notice of public hearing on the Five Sullivan Brothers Convention Center
2nd Floor Renovation, as published in the Waterloo Courier on May 3, 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.
159966 - Amos/Feuss
May 17, 2021 Page 7
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
159967 - Amos/Feuss
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. 2021-319.
159968 - Amos/Feuss
Motion to receive and file and instruct City Clerk to read bids and refer to Building Official for review.
Bidder Bid Security Total Bid Amount
Base Bid: $1,690,000
Don Gardner Construction Alt. 1: $28,900
Waterloo, IA 5% Alt. 2: $53,000
Alt. 3: $222,200
Alt. 4: $568,000
Cardinal Construction, 5% Base Bid: $1,555,500
Waterloo, IA Alt. 1: $23,000
Alt. 2: $45,300
Alt. 3: $187,000
Alt. 4: $467,000
Voice vote-Ayes: Seven. Motion carried.
159969 - Feuss/Grieder
that proof of publication of notice of public hearing on FYE 2021 Budget Amendment, as published
in the Waterloo Courier on May 7, 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.
159970 - Feuss/Grieder
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote-Ayes: Seven. Motion carried.
159971 - Feuss/Grieder
that"Resolution approving Budget Amendment for the fiscal year ending June 30, 2021",be adopted.
Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-320.
159972 - Morrissey/Feuss
that proof of publication of notice of public hearing on the sale and conveyance of city owned property
located at 1314 Black Hawk Street, in the amount of$166,000, to Black Hawk Street Investments,
LLC, with a Development and Minimum Assessment Agreement, for the renovations of the former
Central Garage, as published in the Waterloo Courier on May 7, 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.
159973 - Morrissey/Feuss
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
May 17, 2021 Page 8
159974 - Morrissey/Feuss
that "Resolution authorizing the sale and conveyance of a portion of City owned property to Black
Hawk Street Investments, LLC, in the amount of$166,000, located north of 1314 Black Hawk Street,
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. 2021-321.
159975 - Morrissey/Feuss
that "Resolution approving a Development and Minimum Assessment Agreement with Black Hawk
Street Investments, LLC, for the renovation of 1314 Black Hawk Street, 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. 2021-322.
159976 - Klein/Feuss
that proof of publication of notice of public hearing on the sale and conveyance of city owned property
located at the southern end of Fairfield Street, in the amount of$1.00, to Todd J. Borwig, including a
Development Agreement for infrastructure extensions and new infill housing, as published in the
Waterloo Courier on May 7, 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.
Bill Eide, Ward 3, commented that he wants to raise an objection to the development. He recently
signed a purchase agreement for the property adjacent to the Fairfield lot but was not aware of any
development. He feels that the petition did not reach wide enough to produce a fair canvassing of the
residents and stated that he lives on Longfellow.
Martin Petersen, City Attorney, commented that he is unaware of anything in the code that would
prohibit council to proceed to a vote on the matter.
159977 - Klein/Feuss
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven.
Motion carried.
159978 - Klein/Feuss
that"Resolution approving the sale and conveyance of city owned property located at the southern end
of Fairfield Street, in the amount of$1.00, to Todd J. Borwig and authorizing the Mayor and City
Clerk to execute necessary documents", be adopted. Roll-call vote-Ayes: Five. Nays: Two (Amos
and Morrissey). Motion carried.
Mr. Morrissey commented that he is opposed to the sale and conveyance for this location because the
bulk of the neighborhood is opposed to this development. He questioned if the developer is required
to build the 5 houses and if it is possible that one could be built each year for five years. He questioned
if the city has a deed to the property and if there has been an early access agreement between the city
and the applicant. He further questioned if the houses will conform to the neighborhood. He reminded
the council that they voted down constructing a Dollar General because it would not conform to the
neighborhood.
Mr. Amos commented that he could not support the agreement because several neighbors are opposed
to this development.
Noel Anderson, Community Planning and Development Director, explained that the agreement is set
to approve one house per year. He cannot sell the remainder of the land without building houses on it
to show his dedication to building on the area. He explained that there has been an environmental
review of the site and engineering staff has done their review for the necessary platting, drainage, etc.
May 17, 2021 Page 9
Mr. Morrissey clarified that the neighborhood will have to endure five years of construction.
Resolution adopted and upon approval by Mayor assigned No. 2021-323.
159979 - Klein/Feuss
that "Resolution approving a Development Agreement with Todd J. Borwig for infrastructure
extensions and new infill housing, 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.
Resolution adopted and upon approval by Mayor assigned No. 2021-324.
159980 - Feuss/Grieder
that proof of publication of notice of public hearing on the sale and conveyance of City owned property
south of 202 Fairfield Street for $1.00 to Gary D. Stephens and Aaron G. Stephens, including a
Development Agreement for the construction of 30' x 40' (1,200 square foot) detached garage, as
published in the Waterloo Courier on May 7, 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.
159981 - Feuss/Grieder
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
159982 - Feuss/Grieder
that "Resolution approving the sale and conveyance of City owned property south of 202 Fairfield
Street for$1.00 to Gary D. Stephens and Aaron G. Stephens and authorizing the Mayor and City Clerk
to execute necessary documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-325.
159983 - Feuss/Grieder
that "Resolution approving a Development Agreement with Gary D. Stephens and Aaron G.
Stephens for the construction of 30' x 40' (1,200 square foot) detached garage, 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. 2021-326.
RESOLUTIONS
159984 - Feuss/Grieder
that"Resolution to receive and place on file a design recommendation submitted by the Police Patch
Committee, and adopt said recommendation",be adopted.
Todd Obadal, 124 Amity Drive, commented that removing the patch is disrespecting the memory of
those officers who died while wearing the patch. He stated that it is not about a patch, it is about
people who put their lives on the line.
Leon Mosley, 99 Mosley Street, commented that the city has better things to worry about than a patch.
There were shootings over the weekend that left people dead and that is what the council should be
worried about. He stated that he is a 33rd degree Mason and the Griffin means something special to
them because their organization hands out rings with the patch on it.
Terry Scheffert, 1534 Longfellow, commented that the Griffin was started in 1400 BC and he finds it
ridiculous that people are offended by it. The Griffin has been on Alice in Wonderland, Harry Potter;
it has been used by different religions and is a sign of strength,protection, and integrity.
May 17, 2021 Page 10
David Dryer, 3145 W. 4th Street, commented that nobody on council talks to him about what he thinks,
including this issue.
Marie Easter, 835 Olympic Drive, commented that she shudders to think of the time and money that
has been spent on this issue. The city has crime and drug problems and it is more important to focus
on fixing those problems. She said her son tells her to keep her head on a swivel to stay safe.
Rob Camarata, President of Waterloo Police Protective Association, commented that when the city
council voted to form the rebranding committee, it was to be a fair and unbiased process. However,
as it turns out,it has not been a fair and unbiased process. He said there have been several resignations
since the Rebranding Committee was formed, and went on to read the names and years of service. He
commented that the November election will be the real vote on the Griffin issue and council's actions
tonight will determine if you are sitting in these seats in the future.
LaTanya Graves, 607 E. Donald Street, commented that the people that have reached out to her do not
believe it represents serve and protect. She disagrees that it was a waste of time to have a rebranding
committee. She shared that as a child she witnessed her aunt being beat by a Waterloo Police officer
for taking apples off a tree. As she grew older, she realized not all officers are bad, so whatever can
be done to bring everyone together is worth it.
Becky De Kruif, 2616 Gloria, commented that if people knew the seated council members would go
crazy on this issue then they would not have elected them. The people should be allowed to vote on
the issue.
Theresa Culpepper, 1119 Cottage Grove and Waterloo Human Rights, commented that the committee
followed the letter. She stated that she is tired of explaining black pain to people. She gave the
example of an eleven-year-old child that exited a school bus wearing a Columbus school hoodie who
was held at gunpoint by police officers, not for committing a crime, but simply by meeting the
description of a suspicious black man.
Joy Ahrens, 415 Cornwall, commented that she is tired of being a police wife and having people say
to her kids,that if you're not good that officer would take you to jail. She said that her husband asked
Mr. Morrissey point blank if he thought the griffin was racist, and he said no. She stated that there is
a petition with far more signatures to keep the griffin, than to not keep it.
Joyce Levingston, 3105 Grand Blvd., commented that she noticed that people who are in support of
the griffin regularly use the term you people, and believes they are referring to the black people in the
community.
Traci Ciepiela, 1847 Locke Avenue, commented that she moved to the community two and a half
years ago. She said that if the city has this money to replace a patch then the city should invest money
in fixing its roads.
Carroll Keinol, retired Waterloo Police Officer, spoke on his positive experiences while serving the
City of Waterloo. He believes the Rebranding Committee needs to be done over, as there was a clear
conflict of interest with the final two patches submitted. He asked the council to please revisit the
rebranding committee.
Tom Jennings, 3391 West Ridge Drive, explained that he is a retired Waterloo Police Officer and
commented that he watched many of the Rebranding Committee meetings and acknowledged the
difficult task they were faced with. It was his understanding that the purpose was to redesign the
current griffin. That never happened, and he doesn't know how or why things got off-track, but the
proposal put out by the WPPA is in an act of frustration. He stated that the men and women of the
police department have worked very hard, some giving their lives, and they do not deserve this lack
of support and criticism. He encouraged the city to move forward but asks that council to reconsider
the selected patch.
Nia Wilder, 129 University, thanked the mayor, council, and officers for their service. She explained
that it is impossible for a black individual to explain how it feels when we see the symbol.
Lynn Moller, 35-year veteran of the police department, commented that it's not the skin color, it's the
attitude, behavior and conduct that will get you thrown in jail. The only reason this came about last
May 17, 2021 Page 11
year is because of the anti-police movement across the country, a new police chief, and our current
city council.
Forrest Dillavou, 1725 Huntington Road, commented that he has been coming to meetings for years
and he has never seen something divide the community so much. He stated that he has been pulled
over a number of times and has never had an issue. There are so many more important things to
address in this city than the patch, like drugs. There are so many drugs in the city but people won't
turn each other in because they don't want to get in trouble. We need more cops,more good cops, and
we need them taking the drugs off the street so they don't destroy our children, grandchildren and
great-grandchildren. Bury this patch issue and leave the griffin on the cars and support it.
Mrs. Klein commented that not one cop was contacted before this was advocated for. She stated that
the best way to handle it would have been to have a conversation with the Police Department about
possibly refreshing the patch. She stated that she has walked the entire city and not one person at a
house in any neighborhood told her they wanted to get rid of the griffin.
Mr. Grieder commented that he has lived in the city for a number of years. The people that have
contacted him about this issue and the results are split. He stated that there were systemic issues in
this community, for example, 12 percent of this city is African American, but 25 percent of the people
going to jail are African American, and the unemployment rate of whites is 3.6 percent but for African
American's it is 24.7 percent. This city should work for everyone. He questioned why anyone in this
city should have to live in a community where a patch makes them uncomfortable. Some may say
that he is anti-police, but he has always voted for every budget to give police what they need.
Mr. Boesen commented that he has worked 34 years in public safety. When he asked the officers to
give him an example of when he has not supported the police department,they could not. He went on
to explain the reasons why he voted the way he did last year, and noted that the griffin would have
been gone last August if the amendment to redesign the patch didn't pass. He attended every
Rebranding Committee meeting and does not believe that the committee worked for compromise and
that sitting on the committee was a frustrating process.
Mr. Feuss thanked Mr. Boesen and Mrs. Juon for doing a very difficult task. He stated that he has
been labeled anti-police but like other council members, he has voted each time to support our police
officers.
Mr. Morrissey commented that back in June of 2020 he had written a several page document and
submitted an editorial to the Courier entitled "Trouble Every Day", that was taken from a song from
the 1960's that was in reference to the trouble in the country with race relations. He explained that
the song was reminiscent of what continues to go on with our brothers and sisters who have darker
skin. He said council were elected to talk about things that are difficult to talk about and this issue is
about respecting the voice of our minority community who have been dismissed for decades. He too
supports public safety.
Mr. Amos commented that he had the opportunity to talk with a former police official today and
learned that people have the mindset that the council is anti-police, that is not true. Council is trying
to make changes to help this community. Changing the patch is not disrespecting those who have
worn it. It is important to step back and look at the bigger picture.
Mayor Hart commented that this process has really been enlightening for a few different reasons. He
commented on the many ways he has supported the police department over the years. Prior to
becoming Mayor,relationships were fractured and millions of dollars were spent on lawsuits. Ninety-
seven percent of that has decreased by the efforts and partnerships from the mayor, the council and
the police department.
Mr. Morrissey questioned the timing of the implementation, the financing aspect, and asked that the
change to the vehicle graphics occur first.
Michelle Weidner, Chief Financial Officer, commented that bond fund earnings are available, as they
have not yet been allocated to a project so they are not coming out of operating budgets,which would
increase the tax levy, and not increasing the debt service levy because it is interest.
Resolution adopted and upon approval by Mayor assigned No. 2021-327.
159985 - Juon/Amos
May 17, 2021 Page 12
To amend the resolution to read, Resolution to receive, place on file and adopt the design
recommendation submitted by the Police Rebranding Committee. Design to be affixed to vehicle
graphics,uniforms,letterhead and Police department objects with the exception of weapons/revolvers.
The mayor will be responsible for the implementation of this resolution as soon as is practical,
including addressing the schedule for Police weapons/revolvers. Roll call vote-Ayes: Five. Nays:
Two (Boesen and Klein). Motion carried.
Mr. Morrissey questioned if the resolution includes the attachment that has the Waterloo Police
Protective Association's design.
Mrs. Juon clarified that the only design recommended is the one sent out with the agenda.
Mr. Morrissey questions what happens if this is approved by council.
Mrs. Juon clarified that it ends any further discussion and the Mayor would work out the
implementation of the weapons and the revolvers.
159986 - Klein/Boesen
Table until after the first of the year in 2022 when the new council takes its seat. Roll call vote-Ayes:
Two. Nays: Five (Feuss, Grieder, Juon, Amos and Morrissey). Motion failed.
Mr. Grieder commented that the people elected each council member and that this is masquerading as
democracy when what it really is, is taking away the voices of tens of thousands of Waterloo residents
who voted us to be here. By saying that everything that is controversial has to wait until another
election, by that logic, we will do nothing here.
159987 - Grieder/Morrissey
that"Resolution approving an addendum to the NJPA Program Agreement with WEX Bank, for fuel
cards for the Tri-County Task Force, and authorizing the Chief Financial Officer execute said
document", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-328.
159988 - Grieder/Morrissey
that "Resolution establishing an incentive plan for accessible, affordable childcare in Waterloo", be
adopted.
David Dryer, 3145 W. 4th Street, commented that this is something that should be left up to the states
and the federal government to assist people with childcare, because funds are available from them to
support this issue. The city should not be in a business of any sort.
Mr. Grieder clarified that one of the biggest barriers facing the economy is finding workers. The
number one issue he hears from constituents is that they lack access to affordable and safe childcare.
The resolution would help entrepreneurs to build a business and help families go back to work. The
resolution includes that annually, the council would receive an update and he wants the council to try
to help solve this problem.
Mr. Boesen commented that he was apprehensive but that he would support the resolution. He agreed
with Mr. Grieder that he wants this to come back to council with specific guidelines.
159989 - Morrissey/Grieder
To amend Sections 1 and 2,after the word package,insert"subject to the approval of council"followed
by the remainder of the sentence. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-329.
159990 - Grieder/Morrissey
May 17, 2021 Page 13
that "Resolution approving a Supplemental Agreement for a Professional Services Agreement with
Terracon Consultants, Inc., of Cedar Falls, Iowa, originally executed February 1, 2021, in an amount
not to exceed $5,325, 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. 2021-330.
159991 - Feuss/Grieder
that "Resolution approving Renewal Agreement with Wellmark Blue Cross Blue Shield for fees
associated with administration,network access and stop loss 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. 2021-331.
159992 - Feuss/Grieder
that "Resolution approving Renewal Agreement with Delta Dental for fees associated with
administration 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. 2021-332.
159993 - Feuss/Grieder
that"Resolution approving Renewal Agreement with National Insurance Services for fees associated
with life and long term disability policies 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. 2021-333.
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that "Resolution Professional Sef-viees Agreement with Global Speetnim, LP, d1b/
Speetr-a Paftner-ships,for-the implementation of ftindr-aising and naming rights serviees to the Water-lee
Cetweation Center-, in a base ametmt not to exceed $7,500 fer-the first yeaf and a
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be adopted. Roll eall vote
Ayes: . Motion eafr-ied7
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159994 - Grieder/Morrissey
that "Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of
Cedar Falls, Iowa, in an amount not to exceed $5,000, in conjunction with the FY 2022 Lake Street
RISE Project, Contract No. 1051, 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. 2021-334.
159995 - Grieder/Morrissey
that "Resolution approving an Access Agreement to City owned Property for the purposes of
MidAmerican Energy installing a monitoring well on city owned property required as part of the
assessment and cleanup of the Waterloo Coal Gas site being conducted under the oversight of the
United States Environmental Protection Agency, and authorizing the Mayor to execute said
document", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Morrissey questioned if this would affect the recreational trail.
Noel Anderson commented that there would be no impact to the recreation trail.
Resolution adopted and upon approval by Mayor assigned No. 2021-335.
May 17, 2021 Page 14
159996 - Grieder/Morrissey
that "Resolution approving an amendment to the Professional Services Contract with HR Green Inc.,
for environmental work at 120 Center Street, to raise the maximum limit of work to $12,450, and
authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes:
Seven. Motion carried.
Mr. Boesen commented that when the development agreement came to council he questioned why the
city would agree to pay for the cleanup, and noted that on similar sites in Colorado the cleanup cost
was between $600,000 - $900,000. He is concerned that HR Green can come up with a solution to
keep costs low, and if not, he'd prefer the site remain vacant until federal monies are identified
Noel Anderson,Community Planning and Development Director,commented that a chemical analysis
is being done and that if that does not come back favorable and higher costs cannot be avoided, the
cleanup efforts will be paused while federal funding can be obtained.
Resolution adopted and upon approval by Mayor assigned No. 2021-336.
159997 - Morrissey/Grieder
that "Resolution approving the request by the Waterloo Veterans Memorial Hall Commission to
rename Cedar Street from West 4th Street to West 5th Street to Courbat Court", be adopted. Roll call
vote-Ayes: Seven. Motion carried.
Randy Miller, 4408 Reflection Lane and member of Memorial Hall Commission, commented that
their commission supports the renaming of the street. Marcia Courbat was a passionate person and
dedicated much of her time to service to the commission and the community.
Resolution adopted and upon approval by Mayor assigned No. 2021-337.
159998 - Morrissey/Grieder
that "Resolution approving the second amendment to the Development and Minimum Assessment
Agreement with Warren Transport, Inc., originally executed on November 18, 2019, changing the
completion date to November 30, 2022, 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. 2021-338.
159999 - Morrissey/Grieder
that "Resolution authorizing an exception to the City of Waterloo's purchasing procedures policy to
approve the purchase of a rental 2020 Elgin Crosswind Single Engine Sweeper in the amount of
$259,195.00 from MacQueen Equipment of Ankeny, Iowa", be adopted. Roll call vote-Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-339.
160000 - Klein/Feuss
that "Resolution renaming the 5 Sullivan Brothers Convention Center to the Waterloo Convention
Center, and naming the outside plaza area the Sullivan Brothers Plaza, and authorize the Mayor and
City Clerk to execute necessary documents for such change",be adopted. Roll call vote-Ayes: Seven.
Motion carried.
David Dryer, 3145 W. 4th Street, commented that this decision should be left to the citizens of
Waterloo and not the city council. He stated that the manager should not have the ability to change
the name just by talking to the Mayor. It is not right that the manager would get future naming rights
for the convention center.
Resolution adopted and upon approval by Mayor assigned No. 2021-340.
160001 - Klein/Feuss
May 17, 2021 Page 15
that"Resolution approving Development Agreement with Crystal Distribution Services, Inc. and City
of Waterloo for a new 100,000 sq. ft. cold storage facility, with a Minimum Assessment Agreement
adding $10,000,000 to the current assessed value of site, and City incentives of acquiring
land/buildings on campus and tax rebates at 10 years at 70 percent, and authorizing the Mayor and
City Clerk execute said document", be adopted. Roll call vote-Ayes: Five. Nays: Two (Klein and
Boesen). Motion carried.
Noel Anderson, Community Planning and Development Director, provided an overview of the item.
Mr. Morrissey questioned if this will affect the administration building, because it is really
deteriorating.
Noel Anderson commented that there is a development group out of Denver, Colorado looking at the
redevelopment, and if the administration building could not be redeveloped, then demolition would
open up another additional 2 acres. He explained that they are applying for RISE funds to help with
the 11th Street Bridge and are hoping to tie all these things together to redevelop this area.
Mr. Boesen questioned how much Crystal Distribution paid for the Rath Building.
Noel Anderson stated he did not have that actual figure available,but that had bought it on auction for
over$100,000.
Mr. Boesen requested clarification as to why the city is willing to buy the building back from Crystal
Distribution for$2.1 million.
Noel Anderson explained that it is the amount that the building was appraised.
Mr. Boesen questioned if we have done an environmental study to get a better idea of potential future
costs.
Noel Anderson explained that environmental testing would begin if this development agreement were
to be approved.
Resolution adopted and upon approval by Mayor assigned No. 2021-341.
160002 - Klein/Feuss
that"Resolution approving an Encroachment Agreement with Hawkeye Community College to install
42"high fencing and bollards on city owned right-of-way along West 1st Street in the "C-3" Central
Business District at 120 Jefferson Street", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-342.
160003 - Morrissey/Grieder
To recess for 5 minutes. Voice vote-Ayes: Seven. Motion carried.
160004 - Morrissey/Juon
To reconvene at 8:36 p.m. Voice vote-Ayes: Seven. Motion carried.
ORDINANCES
160005 - Boesen/Grieder
that"an ordinance amending Subsections 1 and 2 of Section G,Enforcement,of Section 13,Fireworks,
Chapter 2, General Provisions, Title 5, Police Regulations", be received, placed on file, considered
and passed for the first time. Roll call vote-Ayes: Seven. Motion carried.
160006 - Boesen/Grieder
To amend Subsection 1 of Section G to read, This Section 13 shall be enforced by any employee
having the authority to document violations and issue citations for municipal infractions, and said
May 17, 2021 Page 16
officers or employees shall also respond to related nuisance calls. Roll call vote-Ayes: Seven. Motion
carried.
Mr. Morrissey questioned what employees, departments and job positions are being referenced.
Martin Petersen, City Attorney, clarified that the employees would be in code enforcement and the
authority for enforcement falls within the city code addressing debris or litter from having shot off
fireworks if they land where the ordinance prohibits them from landing.
Mr. Morrissey commented that code enforcement has one shift, and this language does not clarify that
they cannot be called out after hours. Many of the employees we are talking about are covered by
collective bargaining units and questioned if they were contacted about this change in their duties.
Mr. Boesen commented that he does not foresee the need to call an employee after hours, and that
citations would be written during their normal hours.
Mr. Feuss questioned if an ordinance supersedes a collective bargaining contract or vice versa.
Martin Petersen commented that he is not troubled the language does not specifically address their
hours of work.
Mr.Feuss clarified that the employees could file a grievance if they were called outside of work hours.
Mr. Amos commented that the language to him that clarifies work hours is not necessary or needed.
Mr.Morrissey expressed his concerns that portions of the language regarding municipal infraction and
civil penalty might be misinterpreted and should therefore be deleted from Subsection 2.
160007 - Morrissey/Klein
To remove the language in blue to Subsection 2 of Section G. Roll call vote-Ayes: One. Nays: Six
(Grieder, Juon, Boesen, Amos, Klein, Feuss). Motion failed.
160008 - Boesen/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.
160009 - Boesen/Grieder
that"an ordinance amending Subsections 1 and 2 of Section G,Enforcement,of Section 13,Fireworks,
Chapter 2, General Provisions, Title 5, Police Regulations", be considered and passed for the second
and third times and adopted. Roll call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5598.
160010 - Feuss/Grieder
that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Sections 1 and 2,
Codes Adopted, and Amendments to Code, of Chapter 12, Dangerous Buildings, Title 9, Building
Regulations, and reserving the same", be received, placed on file, considered and passed for the first
time. Roll call vote-Ayes: Seven. Motion carried.
160011 - Feuss/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.
160012 - Feuss/Grieder
that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Sections 1 and 2,
Codes Adopted, and Amendments to Code, of Chapter 12, Dangerous Buildings, Title 9, Building
Regulations, and reserving the same", be considered and passed for the second and third times and
adopted. Roll call vote-Ayes: Seven. Motion carried.
May 17, 2021 Page 17
Ordinance adopted and upon approval by Mayor assigned No. 5599.
160013 - Juon/Grieder
that the council adjourn to Executive Session at 9:03 p.m. Roll call vote-Ayes: Seven. Motion carried.
City Attorney Martin Petersen stated that discussion of collective bargaining is an approved topic of
Executive Session pursuant to Iowa Code Section 20.16.
EXECUTIVE SESSION
160014 - Juon/Grieder
that the council adjourn Executive Session at 9:06 p.m. Voice vote-Ayes: Seven. Motion carried.
ADJOURNMENT
160015 - Grieder/Amos
that the Council adjourn at 9:27 p.m. Voice vote-Ayes: Seven. Motion carried.
Ke�le� �elchle
Kelley Felchle
City Clerk