HomeMy WebLinkAbout09.07.21 council minutes September 7, 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 Tuesday, September 7, 2021. Mayor Quentin Hart in the Chair. Roll Call:
Boesen, Amos (joined via Zoom), Morrissey, Klein, Feuss, Grieder and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Sharon Juon, At-Large Council Member
160384 - Juon/Morrissey
that the Agenda, as amended, by adding the award information to Item 3 and Item 4, for the Regular
Session on Tuesday, September 7, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes:
Seven. Motion carried.
160385 - Juon/Morrissey
that the Minutes, as proposed, for the Council Planning Session on Monday, August 30, 2021, at
5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
Proclamation declaring September 6-11, 2021 as Focus on Diabetes Awareness Week. Mrs.
Culpepper accepted.
Proclamation declaring September 19-25, 2021 as Water and Wastewater Workers Week. Mr.
Bennett accepted.
Proclamation declaring September 2021 as Hunger Action Month. Mrs. Barb Prather accepted.
PUBLIC COMMENTS
Lynn Tackett, 820 Sycamore Street and Owner of Genesis Studio Spa, located at 211 E. 4th Street,
commented on the need to address downtown parking. She prepared and submitted a report, which
offers possible solutions for council consideration.
Sheila Beal, 315 Gayle Street, commented on her repeated requests to have her driveway approach
replaced after a city employee had caused damage. She questioned why the city is replacing her
neighbors approach but not hers. She stated that she wants something in writing that it will be fixed
as was promised by both the Mayor and Mr. Morrissey.
Mayor Hart commented that he never said that her driveway approach would be fixed.
Lynn Moller(no address provided) Chairman of Cedar Valley Backs the Blue, complimented the
Police Chief on his presentation given at the Work Session. He commented on the 98 responses
received from officers to a recent survey, and noted that a local news media reported that shortages
and low morale go hand in hand. He further commented on contributing factors specific to the
Waterloo police department, in particular, newly implemented policies. He explained that the
fourteen pages of officer's comments have been forwarded to council and he hopes that they have
taken the time to read through them and that the officer's concerns need to be addressed.
Supervisor Dan Trelka, 173 Graceline Blvd., commented on the current police morale. Citizens of
the community and elected county officials have contacted him with their concerns. He asked that
council take a sensible, logical approach as to why these problems exist within the Waterloo Police
Department. He suggested having either the Human Resources Department or an outside entity
investigate the concerns then address any matters discovered, as he fears this is going to get worse
before it gets better.
Dwayne Eilers (no address provided) commented he is in fear of the city and what they are doing to
him. Eilers explained the city shut the water off to his home, while he was away, and as a result
burned up a water heater, even though his bills were paid. He stated all of his properties being
tagged for one reason or another is harassment and that he is closing down all of his businesses and
putting his properties up for sale because of what the city is doing to him. He explained that his
request to rezone one of his properties was denied, yet after selling the property, the city
immediately approved the same type of rezone request from the new owner. He explained that this
has been happening since Mayor Hart has been the mayor.
September 7, 2021 Page 2
Forrest Dilliveau, 1725 Huntington Road, expressed his concerns with the police department. He
stated over a year ago, he requested to meet with the Chief of Police but has never heard back, he
asked to meet with the Mayor three months ago, but has had no response and feels that other
departments respond, but the Police Chief will not.
David Dryer, 3145 W. 4th Street, commented that the city is paying people considerably to move
back into town. He questioned why we would partner with the Crossroads Mall, and said he does
not believe the city should be involved with leasing out spaces and that recreation over repairs seems
to be the theme in Waterloo.
Teresa Culpepper, 1119 Cottage Grove Avenue, commented on how amazed she is at Waterloo and
applauded Felecia Smith Nalls for her efforts in making sure that there are neighborhood events
available, and know the city is doing something right and we appreciate you.
Merritt Wayland, 2512 Idaho Street, commented that approximately 3 months ago, a warehousing
business opened up at 2130 Newell Street. Since then there has been excessive semi traffic going
down Newell. He explained that in 2018-2019 a petition was signed regarding the semi traffic that
resulted in No Truck signs being posted in the area. However, in the past 3 months the traffic has
more than quadrupled. Police, code enforcement, and planning and zoning have all been contacted.
He stated that on September 3, 2021, he counted 237 semis going through this residential
neighborhood, ruining the road and running over curbs and sewer drains.
Mayor Hart commented that council member Amos and others had let staff know about increased
activity, which has more than quadrupled from what he has been told. He confirmed that this issue
is being addressed.
Donnell Rivers, II, 1032 Vine Street#24, commented he has an event on the agenda and requested to
amend the event to the 24th of September instead of the 19th. The purpose of the event is to bring
people together.
George Meeks, 609 E. Donald Street, commented that some time back, council meetings were
preceded by someone who offered prayer. He feels that asking different clergy from the community
to come and bless the proceedings and the council would help the community more than a moment
of silence. He explained he is a supporter of Back the Blue and has supported the police since 1957
when he first came to Waterloo. He commented previous Police Chief Trelka had a relationship
with Mount Carmel Baptist church and invited Chief Fitzgerald to attend.
Marilyn Mix, 533 Dawson Street, commented there has been a sewer smell at her home for the past
couple of months and that this had happened previously. The city worked on the sewer in the past,
but it only fixed the problem temporarily.
Mayor Hart stated that Mr. Bennett from the Public Works Division would take her information and
that staff would contact her within 24 hours to address the situation.
Mr. Boesen requested that Michelle Weidner provide council with an update on the ATE money year
to date. He also commented that he was glad that downtown parking was brought up, as he is
worried about maintenance of the parking meter equipment. The meters don't work because they are
not being maintained and hopes we can light a fire under Republic to service the meters as per their
contract. He also commented on the morale of Police Department. He questioned if someone has
sat down one-on-one and talked to the officers. He would be in favor of bringing in an outside
source to look at morale citywide to see how we can better serve our employees who are our biggest
asset.
Mrs. Klein also spoke to the police morale. She commented that only three members of council took
the time to look at the survey and respond, instead they dismissed it and said it's just politics. Many
organizations have political PACs. There is nothing disreputable about those PACS. They stand for
the men and women that work in the field and are usually organized under stressful situations, and
done to defend the defenseless. Across the nation,police departments find themselves defenseless,
and she supports the PAC. She also stated that council needs to acknowledge shootings in Waterloo.
We need to stop this and the terrible persecution of police and the disrespectful society we live in
now.
September 7, 2021 Page 3
Mr. Feuss commented that he sat down with Supervisor Trelka in response to the survey. Out of 98
responses, 68 are current officers. He agrees with Mr. Boesen that bringing in outside source would
be good. He commented that what he is missing from the survey is the unbiased piece of it because
this survey was created by a police backed PAC. We cannot ignore the stories and complaints,but
you can still support the police without supporting the Griffin.
Mr. Morrissey commented that the truck traffic on Newell is damaging the foundations of those
homes as well as the roads and there needs to be an embargo. He said a decision needs to be made
whether we are going back to Zoom meetings or implement something requiring masks again in the
interest of public health. He spoke about the overall morale in the City of Waterloo. He said that it
boils down to how much money are the people of Waterloo willing to provide to get the services
they want. Morale is not reserved to just one department and Department Heads need to address
issues with their staff.
Mrs. Juon thanked Chief Fitzgerald and his staff, appreciated the strategic plan, and is looking
forward to getting a hard copy. She explained that because some council may not have responded
directly to the survey, does not mean they didn't respond in some other manner. She suggested
having the company who did a review of the police department back in 2015, return and have them
look at not only morale but also all aspects of the department. She explained that she respects law
enforcement as a profession, and specifically the good members of our local police department. We
can learn from the difficulties of the national dialogue and cannot allow it to impact our exemplary
officers. She spoke to the hypocrisy and lies perpetuated by those that claim they care about our
officers and questioned if any of the previous chiefs who jointly wrote a public letter criticizing the
new chief, had reached out to him to offer their support. She went on to describe controversy during
each of the previous chief's tenure. She commented that it was a unanimous decision by council to
remove the griffin and anything being told other than that is untrue.
Mrs. Klein commented that if you are going to accuse three retired police chiefs of their past actions
then it is fair to look at the current chief's past such as being fired from his previous position. She
explained she said it was wrong to just kill the patch without having a lengthy conversation with the
police department, letting them be in on any solution rather than just taking a vote to get rid of the
emblem. Her request for clarification on the possibility of tweaking the emblem rather than
replacing it was confirmed that night and therefore she voted for a compromise.
Mr. Grieder commented that he had concerns with hiring Dr. Fitzgerald and he spoke to him about
those concerns and they had a very good and lengthy conversation. All of us were aware of the
concerns and still unanimously voted to hire him. He explained that it is concerning that we are
going to slander a man that currently serves this community, and we are going to destroy this
community in order to gain votes and gain seats. Race, force,policing,poverty and justice are
rampant in our country. Finally, our country is being forced to acknowledge and face the facts. We
need to ask ourselves this, if they are so willing to paint some group as "other" in order to win, how
long before they paint you as "other"to gain a political advantage.
Mrs. Klein commented that she supports the police and questioned that if leadership thought that the
emblem was so bad shouldn't the police have been made part of the solution. She thought it was
wrong then and it is still wrong now, and is proud of our police, and fire and all that put their lives
on the line.
Mayor Hart commented that when we talk about supporting that we support their budget. Do not say
you support the Fire Department then accuse them of running a private business out of the Fire
Department.
Forest Dillavou, 1725 Huntington Road, commented that there are people here waiting to speak
regarding agenda items. This is not a political debate; let's get back to the agenda now.
160386 - Juon/Grieder
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
160387 - Juon/Grieder
September 7, 2021 Page 4
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 September 7,
2021, in the amount of$2,538,112.12, 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. 2021-564.
2. Resolution approving the request of Steege Investments, LLC, for tax exemptions on the
construction of a new single duplex unit valued at $300,000, for property located at 122
Cathy Jean Court, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-565.
3. Resolution approving the request of Steege Investments, LLC, for tax exemptions on the
construction of a new single duplex unit valued at $300,000, for property located at 113
Cathy Jean Court, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-566.
4. Resolution approving the request of Steege Investments, LLC, for tax exemptions on the
construction of a new single duplex unit valued at $325,000, for property located at 104
Cathy Jean Court, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-567.
5. Resolution approving the request of Steege Investments, LLC, for tax exemptions on the
construction of a new single duplex unit valued at $300,000, for property located at 120
Cathy Jean Court, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-568.
6. Resolution approving the request of Bilal Ghias Rahim for tax exemptions on the
construction of a new single family home valued at$615,000, for property located at 3510
Inverness Road, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-569.
7. Resolution approving the request of Dennis Bartekoske for tax exemptions on the
construction of a new single family home valued at$278,000, for property located at 3386
Lincolnshire Road, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-570.
8. Resolution approving the request of Bryan Horack for tax exemptions on the construction of
a new single family home valued at $282,117, for property located at 3380 Lincolnshire
Road, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-571.
9. Resolution approving the request of Richard J. and Susan E. Smith for tax exemptions on the
construction of a new single family home valued at$624,000, for property located at 1629
Falcon Ridge, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-572.
10. Resolution setting date of public hearing as September 20, 2021 to approve the request by
Albert Meeks Sr., to vacate 59 linear feet of public sidewalk at 1139 Logan Avenue, located
September 7, 2021 Page 5
in the "R-2" One and Two Family Residence District, and instruct the City Clerk to publish
notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-573.
11. Resolution setting date of public hearing as September 20, 2021 to approve the request by the
Plumb Supply Company to vacate, sell and convey 0.48 acres of W. Airline Highway city
owned right-of-way, located South of 3338 W. Airline Highway to the Plumb Supply
Company, in the amount of$12,005.84, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-574.
12. Resolution approving preliminary specifications,bid documents, etc., setting date of bid
opening as September 30, 2021 and date of public hearing as October 4, 2021, in conjunction
with the purchase of 2021 Gates Park and South Hills Golf Course Irrigation Control System
Updates, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-575.
13. Resolution approving an Application for the Iowa Fitness Centers Relief Program with no
required City match for lost revenues at the Cedar Valley SportsPlex, and authorizing the
Mayor to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2021-576.
14. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as September 23, 2021 and date of public hearing as October 4, 2021, in
conjunction with the FY Hyper Drive R.I.S.E. Project No. RM-8155(778)--9D-7, Contract
No. 1051, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-577.
15. Resolution approving preliminary plans, specifications, bid documents, etc., setting date of
bid opening as September 30, 2021 and date of public hearing as October 4, 2021, in
conjunction with the US Highway 63 Sanitary Sewer Upgrades, Phase I Project, Contract No.
1037, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-578.
16. Resolution approving request of Heath Christensen for a waiver for a concrete driveway,
located at 1641 Calhoun Street, and authorize the construction of a concrete driveway and
placing a driveway or sidewalk on city right-of-way on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2021-579.
17. Resolution approving request of Luz Paz De Ibanez for a waiver for a concrete driveway,
located at 1514 Patton Avenue, with the elimination of the sidewalk section due to inability
to meet grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2021-580.
18. Resolution approving request of Crf Rentals, LLC, for a waiver for a concrete driveway,
located at 4435 Texas Street(approach placed on 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. 2021-581.
19. Resolution approving Completion of Project and Recommendation of Acceptance of Work,
for work performed by Landmark Turf Services, LLC, of Dunkerton, Iowa, in the amount of
$45,874, in conjunction with the FY 2021 Levee Rip Rap Spraying Project, Contract No.
1027, and receive and file a two-year maintenance bond.
Resolution adopted and upon approval by Mayor assigned No. 2021-582.
September 7, 2021 Page 6
20. Resolution approving Completion of Project and Recommendation of Acceptance of Work,
for work performed by Lodge Construction, Inc., of Clarksville, Iowa, in the amount of
$131,282, in conjunction with the FY 2021 Hope Martin Park Shelter Reconstruction Project,
Contract No. 1028, and receive and file a two-year maintenance bond.
Resolution adopted and upon approval by Mayor assigned No. 2021-583.
21. Motion approving Final Quantity Summary for Lodge Construction, Inc., for a net decrease
of$11.00, in conjunction with the FY 2021 Hope Martin Park Shelter Reconstruction
Project, Contract No. 1028, and authorizing the Mayor and City Clerk to execute said
document.
22. Resolution approving Variance to Noise Ordinance request from Jeremy Jones on behalf of
The Screaming Eagle American Bar and Grill, 228 E. 4th Street, in conjunction with the Tim
Petersen Memorial Ride, to be held on September 18, 2021 from 6:00 p.m. to 10:00 p.m.,
including a live band.
Resolution adopted and upon approval by Mayor assigned No. 2021-584.
23. Resolution approving Variance to Noise Ordinance request from Cathy Ketton on behalf of
Splash of Color 10th Annual 3K Fundraiser Walk, to be held on October 9, 2021 from 8:00
a.m. to Noon, beginning and ending at Sullivan Park and traveling on E. 4th, Sumner,
Mobile, and Newell Streets, including music and the use of a megaphone.
Resolution adopted and upon approval by Mayor assigned No. 2021-585.
,
Reselidtion adopted and upon appr-eval by Mayor-assigned No. 2021
25. Resolution approving Variance to Noise Ordinance request from Jason Sandoval, in
conjunction with a block party, to be held on September 11, 2021 from 6:00 p.m. to 9:00
p.m., located at 229 Dearborn Avenue.
Resolution adopted and upon approval by Mayor assigned No. 2021-586.
26. Motion to accept and place on file the arbitrage test results reflecting that no payment is due
to the Internal Revenue Service for the General Obligation Bonds Series 2016A.
27. Resolution setting a date of public hearing as September 20, 2021 to authorize the sale and
conveyance of city owned property, identified as parcel No. 8913-26-459-020, to David S.
Grimm and Dalen A. Grimm, in the amount of$1.00, including a Development Agreement
for the construction of a new garage, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-587.
28. Resolution approving cancellation of sidewalk assessment for property located at 229 Alta
Vista, in the amount of$1,679.82, and authorize the City Clerk to notify Black Hawk County
Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2021-588.
29. Resolution approving a Memorandum of Understanding with Allen Memorial Hospital
Corporation, which acknowledges the existence of an indigent, underinsured, and
uninsured population in the local area served by Allen Memorial Hospital.
Resolution adopted and upon approval by Mayor assigned No. 2021-589.
b. Motion to approve the following:
September 7, 2021 Page 7
1 Travel Requests
Name &Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Lieutenants McClelland, Enhanced Force Iowa City, September 14- $185.00
Fangman and Bose Investigation IA 16, 2021
b. Officers Scarbrough, Basic SWAT School Cedar September 27- $475.00
Northup and Thomas Rapids, IA October 1,
2021
c. Sgt. Girsch and Officers Midwest Gang Dubuque, IA September 19- $2,320.00
Northup, J. Ehlers and A. Investigators 22, 2021
Ehlers Association
Conference
d. Paul Huting, Leisure Iowa Park and Burlington, October 4-6, $425.00
Services Director Recreation IA 2021
Association Fall
Workshop
e. Forrest Graves, Brad Water Environment Chicago, IL October 18 - $2,229.50
Manahl, John Hyman, Federation Technical 20, 2021
Jesse Gaherty and Andy Education and
Bedard(Sewer Conference
Department)
2• Approved Beer, Liquor, and Wine Applications
Name &Address of Class New or Expiration Includes
Business Renewal Date Sunday
a. Big Head Burger, 324 W. B Beer w/Outdoor Service New 7/18/2022
4th Street
b. Casey's General Store B Wine/C Beer Renewal 9/30/2022 x
#2879, 3260 University
Avenue
c. Casey's General Store B Wine/C Beer/E Liquor Renewal 9/30/2022 x
#2880, 1604 LaPorte Road
d. Chilito's Mexican Bar and C Liquor w/Outdoor Renewal 8/7/2022 x
Grill, 441 E. Tower Park Service
Drive
e. Golden China Restaurant, C Liquor New 5/5/2022 x
106 Brookeridge Drive
*Ownership Update*
f. Guddi Mart, 306 Byron B Wine/C Beer Renewal 7/2/2022 x
Avenue
g. Hy-Vee#1 Clubroom, 2834 Special Class C Liquor Renewal 10/16/2022 x
Ansborough Ave.
h. Hy-Vee C-Store#4, 3700 B Wine/C Beer Renewal 10/31/2022 x
University Avenue
i. Legs, 212 E. 4th Street, Suite B Wine/C Beer Renewal 6/25/2022
108
j. Wal-Mart Supercenter B Wine/C Beer/E Liquor New 9/30/2022
#1496, 1334 Flammang
Drive *Ownership Update*
3. Recommendation of appointment of James (JB) Bolger to the position of Assistant Park
Superintendent in the Leisure Services Department, effective September 8, 2021.
4. Recommendation of appointment of Bob Etringer to the position of Recreation Services Manager in
the Leisure Services Department, effective September 8, 2021.
September 7, 2021 Page 8
5. Application for Fireworks"cold spark"Display at Five Sullivan Brothers in conjunction with a wedding
to be held on October 2, 2021.
6. Motion to receive and place on file the 2020 Operating Report of the Waterloo Water Works.
7. Fireworks Display at Park Avenue Bridge in conjunction with the VGM Heartland Conference 2021,
on September 13, 2021, beginning at 9:30 p.m. and lasting approximately 30 minutes.
8. Motia .. . 9 Change Order- No. I from Cardinal Constmetion, Wa4er4ee, lowa, to iner-ease
substaatial eeWletion date ffem Oeteber- 15, 2021 to DeeembeF 23, 2021 and final e0fnPleti0fl date
> 2022,
in eop�ttnetien with the Five Sullivan Brothers Convention
Center 2nd Floor-Renovation Pr-e-Jeet, and au4her-izing the MayeF to exeeute said doeument,
9. Motion approving Change Order Nos. 1, 2 and 3 to Contract No. AB-2021-03-8P with Site Services
Inc.,for a net increase of$1,090,in conjunction with additional asbestos removal,for property located
at 921 W. 2nd Street, 409 Wellington Street, and 413 Wellington Street, and authorizing the Mayor
and City Clerk to execute said documents.
10. Motion approving Change Order No. 4 from Woodruff Construction of Waterloo, Iowa, for a net
increase of $24,017, in conjunction with the FY 2020 Wastewater Treatment Plant Biosolids
Modifications Project, Contract No. 994, and authorizing the Mayor to execute said document.
11. Application for Recycling Yard License, King Automotive Salvage Center, 275 Rampart Lane.
12. Cigarette/Tobacco/Nicotine/Vapor Permit New Application for Edo's Sports Bar, 110 E. 11th Street.
13. Second Hand Goods Dealer License Application for GameStop#6247, 1515 Flammang Drive.
14. Bonds.
15. Motion approving Change Order No. 18 with Cardinal Construction, Inc., of Waterloo, Iowa, for a
net increase of$2,883, in conjunction with the Five Sullivan Brothers Convention Center Addition
and Renovation Project, and authorizing the Mayor to execute said document.
160388 - Morrissey/Grieder
Motion to change the date on Item LA.24 from September 12, 2021 to September 19, 2021.
160389 - Morrissey/Grieder
1.A.1 Resolution approving Variance to Noise Ordinance request from Donell Rivers, II, in
conjunction with the Brothaz Barbershop Voter Ready Block Party, to be held on September 19,
2021 from 3:00 p.m. to 8:00 p.m.7:2, on Almond Street between E. 4th and Iowa Streets, including
live music. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-590.
160390 - Boesen/Grieder
8. Motion approving Change Order No. 1 from Cardinal Construction, Waterloo, Iowa, to increase
substantial completion date from October 15, 2021 to December 23, 2021 and final completion date
from October 29, 2021 to January 7, 2022, in conjunction with the Five Sullivan Brothers Convention
Center 2nd Floor Renovation Project, and authorizing the Mayor to execute said document. Roll call
vote-Ayes: Seven. Motion carried.
Noel Anderson, Community, Planning and Development Director, explained that the project is
experiencing longer than normal material lead times, but it is anticipated it could be just a couple of
weeks.
160391 - Morrissey/Boesen
Motion to recess for ten minutes. Voice vote-Ayes: Seven. Motion carried.
September 7, 2021 Page 9
160392 - Morrissey/Grieder
Motion to reconvene at 7:20 p.m. Voice vote-Ayes: Seven. Motion carried.
PUBLIC HEARINGS
160393 - Morrissey/Grieder
that proof of publication of notice of public hearing on Hammond Avenue Bridge Project, as
published in the Waterloo Courier on August 23, 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.
160394 - Morrissey/Grieder
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
160395 - Morrissey/Grieder
that"Resolution making final selection of site location for Hammond Avenue bridge replacement and
improvements, establishing the amount of just compensation for certain property interests to be
acquired for project purposes, and authorizing the use of condemnation procedures for acquisition of
said property interests in furtherance of the project objectives, 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. 2021-591.
160396 - Feuss/Grieder
that proof of publication of notice of public hearing on 2021 or Newer Compact Track Mini
Excavator for the Traffic Operations Department, as published in the Waterloo Courier on August
23, 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.
David Dryer, 3145 W. 4th Street, questioned if this we had outsourced this work in the past, and if
this is approved, will we need to hire more employees.
Randy Bennett, Public Works Division Manager, explained that the work is done internally and this
piece of equipment will be more efficient.
160397 - Feuss/Grieder
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes:
Seven. Motion carried.
160398 - Feuss/Grieder
that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed",
be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-592.
160399 - Feuss/Grieder
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $85,000
September 7, 2021 Page 10
Bidder Total Bid Amount
Murphy Tractor&Equipment Co.
Waterloo, IA $67, 000. 00
Bobcat of Waterloo- Cedar Falls
Cedar Falls, IA $54, 214. 70
Voice vote-Ayes: Seven. Motion carried.
160400 - Feuss/Grieder
that "Resolution awarding bid to Bobcat of Waterloo, Iowa in the amount of $54,214.70,
in conjunction with the purchase of a 2021 or Newer Compact Track Mini Excavator for the Traffic
Operations Department", be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-593.
160401 - Morrissey/Grieder
that proof of publication of notice of public hearing on FY 2022 Center for the Arts Parking
Improvements, Phase 2 (Art Block) Project, Contract No. 1007, as published in the Waterloo Courier
on August 23, 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.
160402 - Morrissey/Grieder
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
160403 - Morrissey/Grieder
that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed",
be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Mr. Boesen questioned the reason the steps have needed to be replaced multiple times.
Jamie Knutson, City Engineer, confirmed that this would be the fourth time the steps have been
replaced. He said that the contractor/sub-contractor has been unable to pour the concrete correctly per
specific building code requirements. There is no cost to the city.
Resolution adopted and upon approval by Mayor assigned No. 2021-594.
160404 - Morrissey/Grieder
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $650,909.70
Bidder Bid Bid Amount
Security
Vieth Construction Corporation o
Cedar Falls, IA 5/o $764,978.98
Peterson Contractors, Inc. 5% $701,096.73
Reinbeck, IA
Lodge Construction, Inc. 5% $688,353.20
Clarksville, IA
Hudson Hardware, Plumbing &Heating, Inc. 5% $698,917.30
Hudson, IA
Owen Contracting, Inc. 5% $698,011.95
Cedar Falls, IA
September 7, 2021 Page 11
Midwest Concrete, Inc. 5% $699,898.91
Peosta, IA
Voice vote-Ayes: Seven. Motion carried.
160405 - Morrissey/Grieder
that "Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the
amount of$688,353.20, approving the contract,bond and certificate of insurance, in conjunction with
the FY 2022 Center for the Arts Parking Improvements, Phase 2 (Art Block), Contract No. 1007, 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. 2021-595.
160406 - Feuss/Grieder
that proof of publication of notice of public hearing on FY 2022 Sidewalk Repair Assessment Program,
Contract No. 1055, as published in the Waterloo Courier on August 27, 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.
David Dryer, 3145 W. 4th Street, requested a copy of the complete streets potential to show what
sidewalks are planned for all over town.
Jamie Knutson, City Engineer, provided an over view project and confirmed that the requested
information will be provided.
Mayor Hart read written comments received from Kristi Butikofer—916 Conger Street, and asked
staff to contact her.
160407 - Feuss/Grieder
that the hearing be closed and oral and written comments be received and placed on file. Voice vote-
Ayes: Seven. Motion carried.
160408 - Feuss/Grieder
that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed",
be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-596.
160409 - Feuss/Grieder
Motion to receive and file and instruct City Clerk to read bids.
Engineer's Estimate: $390,955.26
Bidder Bid Security Bid Amount
Midwest Concrete Inc.
5% $382,093.42
Peosta, IA
Brock Even Construction,
LLC 5% $368,949.75
Jesup, IA
Voice vote-Ayes: Seven. Motion carried.
160410 - Feuss/Grieder
September 7, 2021 Page 12
that "Resolution approving award of bid to Brock Even Construction, of Jesup, Iowa, in the amount
of$368,949.75, approving the contract,bond and certificate of insurance, in conjunction with the FY
2022 Sidewalk Repair Assessment Program, Contract No. 1055, 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. 2021-597.
160411 - Morrissey/Grieder
that proof of publication of notice of public hearing on FY 2022 Sidewalk Repair Assessment Program
- Zone 1, Contract No. 1055, as published in the Waterloo Courier on August 19 and 26, 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.
160412 - Morrissey/Grieder
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
160413 - Morrissey/Grieder
that "Resolution adopting Proposed Resolution of Necessity, as proposed or amended", be adopted.
Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-598.
160414 - Morrissey/Grieder
that"Resolution approving proposed construction of sidewalk improvements", be adopted. Roll-call
vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-599.
160415 - Morrissey/Grieder
that"Resolution to fix value of lots", be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-600.
160416 - Morrissey/Grieder
that "Resolution to adopt proposed plat and schedule of assessments and estimate of costs", be
adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-601.
160417 - Feuss/Grieder
that proof of publication of notice of public hearing on Application for State Revolving Fund (SRF)
Loan for Highway 63 Interceptor Project, Contract No. 1037, contents of Environmental Information
and Project Plan, as published in the Waterloo Courier on August 6, 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.
160418 - Feuss/Grieder
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
160419 - Feuss/Grieder
September 7, 2021 Page 13
that "Resolution approving the Environmental Impact Document, and authorizing the Mayor to
execute said document", be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Randy Bennett, Public Works Division Manager,provided an overview of the project.
Resolution adopted and upon approval by Mayor assigned No. 2021-602.
RESOLUTIONS
160420 - Morrissey/Feuss
that"Resolution ordering the old griffin design to be completely removed from any and all Waterloo
Police departmental properties by September 30, 2021, with the exception of weapons/revolvers,
which are to be phased out(without the old griffin design) as such are replaced",be adopted. Roll call
vote-Ayes: Five. Nays: Two (Klein, Boesen). Motion carried.
Todd Obadal, 124 Amity Drive, commented on and clarified the position of those that don't think
removing the griffin would be a good idea. He expressed his disappointment with the actions of certain
members of this administration. He stated that this resolution does not need to be jammed through by
September 30, 2021.
Mr. Boesen commented that he does not support setting a date of September 30, 2021. If there is a
perceived notion,that someone is dragging their feet,then that should be addressed between the police
chief and his staff. He finds the date to be unreasonable and does not think it is within council's
purview to be setting a deadline and that the police chief should be allowed to run his department and
get this done in the timeline he feels is appropriate.
Mr. Morrissey explained the council sets all types of deadlines as a legislative body. This action was
agreed to May 17, 2021 and he gave six weeks' notice that this item would be on the agenda, so he
does not believe this deadline is unreasonable in any way, shape or form.
Mrs. Klein concurs with Mr. Boesen and believes it is an overreach of the city council and it is
micromanaging a department and that it signals to the citizens a vindictiveness. A pursuit without end
of the love and affection that the officers have for that design. No patience, just vengeance and it
makes us look petty and mean spirited and does not show leadership at all.
Resolution adopted and upon approval by Mayor assigned No. 2021-603.
160421 - Morrissey/Feuss
that "Resolution ordering that the transport of the new Waterloo Police Departmental patches from
Hallmark Emblems and all Waterloo Police Departmental uniforms and clothing for"removal and/or
replacement"to the business Carpenters Uniforms scheduled to do such work,will be done by Sharon
Juon,Jerome Amos and Patrick Morrissey who are Waterloo City Council members at passage of this
Resolution on September 7, 2021, and that these council members will be providing this transport,
however many trips it may take, at no cost to the City of Waterloo", be adopted. Roll call vote-Ayes:
Five. Nays: Two (Klein and Boesen). Motion carried.
Forest Dillavou, 1725 Huntington Road, commented he does not feel this the appropriate thing for
council to do. You have people hired to do these things, and a department in charge of doing these
things. They need to be the ones doing these things. Once you take city property and put it in your
private vehicle and travel,you are therefore working for the city of Waterloo. If you happen to hit and
kill somebody on the highway, you are under the employment of the City. There is likely a financial
liability should something happen while transporting those city items.
Todd Obadal, 124 Amity Drive,echoed the concerns of Mr.Dillavou and would like the City Attorney
to comment on the potential insurance issues.
Mr. Morrissey explained that he had conversations with both Chris Fereday from the insurance
company and the City Attorney, Marty Petersen. It was decided those council members would sign a
waiver and release of liability. He further explained the reasons for volunteering to transport the items.
September 7, 2021 Page 14
Mr. Boesen commented he does not believe any member of council should partake in demoralizing
the officers of the police department any more than it is perceived they already have. This is
completely out of the purview of the council. We set their budget,but we don't run their department.
Mrs. Klein commented that everyone's concerns are taken into consideration except the men and
women who serve. This is a total disrespect.
Mrs. Juon commented this is hardly a show of disrespect. In fact, we are showing that we do respect
them. Their time is valuable. Their time needs to be on the streets. They are spread too thin and we
are alleviating the stress on them as well as the cost to the citizens of Waterloo. She said they spoke
with the chief ahead of time, who was in favor of this for the very reasons stated.
A discussion took place between councilmembers regarding comments of personal motivation,
political hate and public perception regarding the issue.
Mayor Hart commented he does not have a problem with council setting a deadline, but believes it to
be an overreach of council purview to be involved in the transportation of items on behalf of our
offices.
Resolution adopted and upon approval by Mayor assigned No. 2021-604.
160422 - Grieder/Feuss
that"Resolution approving a Construction Agreement with Waterloo Water Works Board of Trustees,
in conjunction with the FY 2022 Hyper Drive R.I.S.E. Project No. RM-8155(778)-9D-07, Contract
No. 1051, 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. 2021-605.
160423 - Grieder/Feuss
that"Resolution approving a Second Amendment to a Customer Agreement with Sensys Gatso USA,
Inc., originally approved on August 7, 2017, to allow for the collection of unpaid notices of violation
owed to the City in connection with the City's automated traffic enforcement program, including
payment of 30 percent of any outstanding fees collected by the city to Sensys Gatso USA, Inc., and
authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion
carried.
David Dryer, 3145 W. 4th Street, commented that the current ordinance was not made available for
citizens to reference with the proposed changes and questioned how much the city has paid the
company and if this is an increase or decrease.
Chief Fitzgerald commented that this ordinance just clarifies the language inside the contract.
Marty Petersen, City Attorney,provided additional clarification.
Mr. Boesen questioned if there is a cap on attorney fees since the agreement allows Gatso to choose
an attorney to represent the City of Waterloo.
Martin Peterson, City Attorney, explained that Gatso must obtain the City's consent prior to retaining
an attorney to recoup unpaid fines, and clarified that the city decides which fees would be sent to
collection, which triggers the 30 percent versus the income-offset program managed through the City
Clerk's office.
Resolution adopted and upon approval by Mayor assigned No. 2021-606.
160424 - Grieder/Feuss
that "Resolution approving an Amendment to the Contract with Advanced Heat Treat Corp., of
Waterloo, Iowa, and the Iowa Economic Development Authority, originally executed April 16, 2018,
for High Quality Jobs Program-Tax Credit Component Incentives, to extend the project completion
September 7, 2021 Page 15
date to March 31, 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. 2021-607.
160425 - Klein/Feuss
that"Resolution authorizing assignment of rebates and development grant to 3FI,LLC,in conjunction
with a Development Agreement with 4FI Waterloo, LLC, originally approved on April 6, 2020, for
property located at 2130 Newell Street, and authorizing the Mayor to execute said document", be
adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-608.
160426 - Klein/Feuss
that "Resolution approving a request by C 10 Investments, LLC, to approve the preliminary plat of
Schoitz Addition, a 4-lot commercial subdivision located at 2101 Kimball Avenue",be adopted. Roll
call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-609.
160427 - Klein/Feuss
that "Resolution approving a request by L and BB, LLC for the Preliminary Plat of Southland Park
Sixth Addition, a re-plat of Lots C-5 and C-6 of the Southland Park Third Addition, a 6-lot residential
subdivision located southeast of 2950 Southland Drive", be adopted. Roll call vote-Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-610.
160428 - Feuss/Grieder
that "Resolution approving a request by the City of Waterloo to dedicate 21,464 square feet of city
owned property as right-of-way that currently serves as Commercial Street, located adjacent to 2314
Commercial Street",be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-611.
160429 - Feuss/Grieder
that "Resolution approving a Professional Services Agreement with Magellan Advisors, LLC, in the
amount of $331,077, for the Design of Additional Fiber Backbone Network, 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. 2021-612.
160430 - Feuss/Grieder
that"Resolution approving a Professional Services Agreement with The Goodman Corporation in the
amount of $36,500,for preparation and submittal of a grant application to the US Economic
Development Administration, in conjunction with construction of a portion of a Fiber Backbone
Network, 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. 2021-613.
ADJOURNMENT
160431 - Feuss/Grieder
that the Council adjourn at 8:23 p.m. Voice vote-Ayes: Seven. Motion carried.
September 7, 2021 Page 16
LeAnn M. Even, CMC, IaCMC
Deputy City Clerk