HomeMy WebLinkAbout10.18.21 council minutes October 18, 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,October 18,2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen,
Amos, Morrissey, Klein, Feuss, Grieder and Juon. Mr. Morrissey joined via telephone.
Prayer or Moment of Silence.
Pledge of Allegiance: Mayor Quentin Hart
160547 - Juon/Grieder
that the Agenda, as proposed, for the Regular Session on Monday, October 18, 2021, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
160548 - Juon/Grieder
that the Minutes, as proposed, for the Regular Session on Monday, October 4, 2021, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
Proclamation declaring October 19, 2021 as Gentleman Day.
Proclamation declaring October 18, 2021 as Day of Inclusion.
Video of the swearing in ceremony of six new firefighters: Timothy Davison, Patrick McNally,
William Demry, Nathan Hinders, Jacob Helgeson and Timothy Gesie.
PUBLIC COMMENTS
Steven Hambly, 1692 Cunningham Rd, Dunkerton, shared that it is his goal to help save that planet
and to give something back. He stated that his goal is to help clean up the cabbage patch. He stated
that he wrote a book for family and friends and wants to make it public for all.
Elizabeth Carson, 1108 Vine, shared that her concern is for the Police Department. She questioned
if the Police Department takes an oath to their logo or to the city. She shared that the debate over the
logo has divided the community and that the community needs to work together with the Police
Department to make a difference in the community.
Chief Fitzgerald stated that the oath the police officers take is to the people of Waterloo, the state
and the constitution and democracy.
Todd Obadal, 124 Amity Drive, commented that one of the topics that came up during the Mayor's
forum was a claw back clause on the contract with the former convention center developer. He
shared that he took issue with the fact that the contract had not been presented to council for a vote.
He quoted a portion of city code that talks about the process for approving a city contract. He shared
that part of the code references the city clerk is required to attest to contracts on behalf of the city
council. He asked that the city attorney address whether or not the contract is enforceable without
the city clerk's signature.
Dave Zellhoefer, acting City Attorney, commented that employment contracts are very uncommon at
the city and this is actually the first one he is aware of in the past ten years. He explained that he
does not have an immediate answer to the question but would look into it. He also stated that it is
his understanding that this will be reaffirmed before council in a few weeks.
Dwayne Eilers, 1205 1/2 Bishop Street, commented on the difficulty that he went through to obtain
public records on property he owns and wants to evict the tenant there.
David Dryer, 3145 W. 4th Street, stated that he would like consent agenda item b.5 removed for
discussion, and shared his disappointment with the Mayoral forum including the moderator. He
commented on several points and said that Ms. Mays was basically excluded from the discussion.
He read the goals listed in the City's Strategic Development Plan then asked how bad streets and
dilapidated housing helps the city.
Mayor Hart commented that he would let the moderators,Northern Iowa Student Government, know
of his comments and explained that this was not held by the City of Waterloo.
October 18, 2021 Page 2
Sophia Mays, 400 Block of Dane, shared that since the last city council meeting, the Mayor has
again talked to the County Attorney Brian Williams about her and explained how she knows this.
She commented that she does not feel the Mayor is doing a good job.
Anna Quinn, 3719 W. 9th Street, announced there would be a fall carnival on Saturday, October 23rd
at Sullivan Park from 1:00 p.m. —6:00 p.m. and that all donations would be donated to kids who are
or were in foster care.
Mr. Grieder commented on the current strike and stands in solidarity with UAW 838 and all union
brothers and sisters as they fight for a decent wage,retirement and future for themselves.
Mrs. Klein commented that she visited a couple of strike sites and shared her personal experience of
going through a strike with John Deere. She explained she is keeping everyone in her prayers and
encourages everyone to do the same.
Mr. Amos commented that he is a dues paying UAW member and shared support for the striking
members.
Mr. Feuss expressed support for the strikers as well and shared his concern for their wellbeing if the
strike goes on too long.
Mr. Boesen commented that he too was a UAW member and also endured a strike back in the day
and fully supports his 838 brothers, sisters, and all of the 10,000 workers on strike. He stated that he
wished to address late submissions to the agenda. He shared the process for getting late or
emergency items added, and then stated that lately there have been submissions that he would not
consider an emergency request. He recommends that department heads review the submission
guidelines and also asks that the entire council be notified of any changes to the agenda that occur
after the official agenda is posted on the Wednesday before the meeting.
Mr. Grieder commented that he recognizes that everyone is busy and said that some of council have
day jobs. He asked that department heads please try not to send council anything the day of the
meeting because he will likely not see it and he does not want to come unprepared to a meeting
Mr. Morrissey shared an update on getting the new patches on the police department uniforms. He
spoke on dilapidated housing and stated that the issue needs to receive additional funding through
the CIP and Code Enforcement to help address these issues. He expressed support for the striking
UAW workers. He stated that divisive campaign speech during oral presentations need to stop.
160549 - Juon/Grieder
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
160550 - Juon/Grieder
that the following items on the consent agenda, and the removal of item b.5, be received,placed on
file and approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated October 11, 2021,
in the amount of$4,628,420.92 and October 18, 2021, in the amount of$3,713,815.65, 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. 2021-669.
2. Motion approving Final Quantity Summary for a net decrease of$50,179.56, for Pirc-Tobin
Construction, Inc., in conjunction with the FY 2020 Leversee Road Sanitary Sewer and
Water Main Improvements, Contract No. 987, and authorizing the Mayor and City Clerk to
execute said document.
October 18, 2021 Page 3
3. Resolution approving Completion of Project and Recommendation of Acceptance of Work
for work performed by Pirc-Tobin Construction, Inc., of Alburnett, Iowa, in the amount of
$1,899,080.93, in conjunction with the FY 2020 Leversee Road Sanitary Sewer and Water
Main Improvements, Contract No. 987, and receive and file a two-year maintenance bond.
Resolution adopted and upon approval by Mayor assigned No. 2021-670.
4. Resolution accepting an initial award of$89,039.65 or five percent of the total allocation, to
be used for administrative and planning costs.
Resolution adopted and upon approval by Mayor assigned No. 2021-671.
5. Resolution approving the installation of 25 MPH speed humps in the 3800 block of Sager
Avenue and the 200 block of Edwards Street.
Resolution adopted and upon approval by Mayor assigned No. 2021-672.
6. Resolution authorizing MidAmerican Energy to install a 100-watt LED streetlight on a 30-
foot wood pole, in the amount of$2,850.10, along Addison Court near the cul-de-sac.
Resolution adopted and upon approval by Mayor assigned No. 2021-673.
7. Resolution approving award of bid to Langman Construction, Inc., of Rock Island, Illinois, in
the amount of$7,190,038.90, approving the contract,bonds and certificate of insurance, in
conjunction with the Hwy. 63 Sewer Upgrades Phase I Project, Contract No. 1037, and
authorizing the Mayor to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2021-674.
8. Resolution approving Variance to Noise Ordinance request from Jessica Rucker on behalf of
Main Street Waterloo, in conjunction with the Downtown Trick or Treating event to be held
throughout downtown Waterloo on Saturday, October 30, 2021 from 9:00 a.m. to 2:00 p.m.,
including activities and a costume parade in Lincoln Park with the use of a PA system.
Resolution adopted and upon approval by Mayor assigned No. 2021-675.
9. Resolution approving Variance to Noise Ordinance request from Lindsey Klein on behalf of
the Southdale Neighborhood Association, in conjunction with a Halloween Party to be held
on on Dahlia Boulevard and Marigold Drive on Saturday, October 23, 2021 from 5:00 p.m.
to 8:00 p.m., including music and the use of a PA system.
Resolution adopted and upon approval by Mayor assigned No. 2021-676.
10. Resolution setting date of public hearing as November 1, 2021, for the FY 2022 11th Street
(BRM-CHBP-8155(770)--NB-07) and Park Avenue Bridge (BRM-CHBP-8155(771)--NB-
07)Replacements Project, Contract No. 1013, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-677.
11. Resolution approving the request of Christian M. Rios Santiago, for tax exemptions on the
construction of a new single family home valued at $314,000, for property located at 3356
Lincolnshire Road, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-678.
12. Resolution approving the request of Elvis Mehedovic, for tax exemptions on the construction
of a new single family home valued at $280,700, for property located at 1660 Blue Wing
Drive, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-679.
October 18, 2021 Page 4
13. Resolution approving the request of Robert Edgerton, for tax exemptions on the construction
of a new single family home valued at $280,000, for property located at 5652 Summerland
Drive, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-680.
14. Resolution approving the request of Jasmina Korucenc, for tax exemptions on the
construction of a new single family home valued at $406,563, for property located at 1273
Partridge Lane, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2021-681.
15. Resolution approving request of Kevin Cavanaugh for a waiver for a concrete driveway,
located at 139 Trible Road, 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. 2021-682.
16. Resolution approving request of Dale Carroll for a waiver for a concrete driveway, located at
130 Trible Road, 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. 2021-683.
17. Resolution approving request of Bruce Schaefer for a waiver for a concrete driveway, located
at 204 W. Orange Road(second approach placed on Grace Drive), with the elimination of the
sidewalk section due to inability to meet grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2021-684.
18. Resolution approving request of JKD Properties, LLC for a waiver for an asphalt driveway,
located at 459 S. Hackett Road, with the elimination of the sidewalk section for asphalt
driveways.
Resolution adopted and upon approval by Mayor assigned No. 2021-685.
19. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as October 21, 2021 and date of public hearing as November 1, 2021, in
conjunction with Asbestos Abatement Services, Contract No. AB-2021-11-05P, for
properties located at 928 Mulberry Street, 1526 E. 4th Street, 1527 E. 4th Street, 114 E. 10th
Street, and 105 E. 11th Street, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-686.
20. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as October 21, 2021, and date of public hearing as November 1, 2021, in
conjunction with Demolition Services, Contract No. D-2021-11-3P, located at 1027
Sycamore Street, 325 W. 13th Street, and 742 Grant Avenue, and instruct the City Clerk to
publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-687.
21. Resolution authorizing City Clerk to certify against certain parcels for unpaid garbage, sewer,
water, and storm water fees.
Resolution adopted and upon approval by Mayor assigned No. 2021-688.
22. Resolution approving Variance to Noise Ordinance request from Rob Nichols, Council At-
Large Candidate, in conjunction with the Nichols for Change Meet and Greet events to be in
various city parks throughout Waterloo during the month of October 2021.
Resolution adopted and upon approval by Mayor assigned No. 2021-689.
October 18, 2021 Page 5
b. Motion to approve the following:
1 Travel Requests
Name & Title Amount
of Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Officers Kramer Disorder Control Train the Davenport, October 18-21, $1,562.01
and Atchison Trainer Iowa 2021
b. Sergeants Zubak FBI Law Enforcement Waterloo, November 1-30, $700.00
and Savage Executive Development IA (on-line) 2021
Association Supervisor
Liability Course
2• Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. Aldi#33, 1918 Schukei Road B Wine/C Beer Renewal 11/3/2022 x
b. Bamboo Ridge Campground, 4550 B Wine/C Beer Renewal 9/14/2022 x
Hess Road
c. The Brown Bottle, 209 W. 5th C Liquor Renewal 10/21/2022 x
Street
d. Casey's 218 Pub, 4010-4018 C Liquor Renewal 9/30/2022 x
University Ave. w/Outdoor Service
e. Daq King, 632 Sycamore Street C Liquor New 7/31/2022 x
f. Fairfield Inn& Suites, 2134 B Wine/C Beer Renewal 9/30/2022 x
LaPorte Road
g. Friendship Village, 600 Park Lane A Liquor New 9/30/2022 x
*Contingent on final inspection* w/Outdoor Service
h. Guddi Mart, 306 Byron Avenue E Liquor Renewal 10/17/2022 x
i. K-Zar, 1761 Independence Avenue B Wine/C Beer Renewal 10/13/2022 x
j. Newton's Paradise Cafe, 128 E. 4th C Liquor Renewal 11/3/2022 x
Street w/Outdoor Service
k. Petersen &Tietz Florists & B Native Wine Renewal 10/8/2022 x
Greenhouses, Inc., 2275
Independence Avenue.
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration Date New or
Re-Appointment
ADA Compliance
Jessica Smith Commission October 15, 2024 Re-Appointment
4. Motion approving Change Order No. 5 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net
increase of$59,945.66, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to
Hwy 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said
document.
5. Motion approving Change Order-No. 21 with Cardinal Gens#%etien, Ine., of Water-lee, lowa, for-a Be
of$6,130, in eenjt�nefiea with the Five Stillivan Brothers Convention Center- Addition an
Renovation Pr-ojeet and authorizing the Mayor-too „4o said doeu ent
6. Motion approving Change Order No. 1 with Blackhawk Roofing Company, of Cedar Falls, Iowa, for a
total increase of$48,361.00, in conjunction with the FY 2021 Young Arena Southeast and Southwest
Roof Replacement Project Contract No. 1040, and authorizing the Mayor to execute said document.
October 18, 2021 Page 6
7. Recommendation of Austin Howe, from the current Civil Service List, to the position of Garage
Mechanic, in the Central Garage,pending completion of physical and drug testing, effective November
2, 2021.
8. Recommendation of Jay Millett from the current Civil Service List, to the position of Equipment
Operator I, in the Street Department, pending completion of physical and drug testing, effective
November 2, 2021.
9. Bonds.
Roll call vote-Ayes: Seven. Motion carried.
160551 - Feuss/Grieder
l.b.5. Motion approving Change Order No. 21 with Cardinal Construction, Inc., of Waterloo, Iowa,
for a net increase of $6,130, in conjunction with the Five Sullivan Brothers Convention Center
Addition and Renovation Project,and authorizing the Mayor to execute said document. Roll-call vote-
Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street,commented on the number of change orders for the convention center
and questioned how much has been spent, how much have we missed on the initial bid, and where is
the money coming from to pay for this.
Noel Anderson, Community Planning and Development Director, explained that some things have
been found while working on an old building, design changes for better layouts and working with
Spectra for this particular change order adds conduit for new signage on the building for high visibility.
Michelle Weidner, Chief Financial Officer, commented that the total contracts now are about
$13,000,000 and that the city is still within the bonds that were sold for the project and there are future
phases that still need to be done.
Mr. Boesen commented that there are more items coming down the road with the project that will be
expensive.
PUBLIC HEARINGS
160552 - Grieder/Feuss
that proof of publication of notice of public hearing on General Obligation Bonds - ECP-UR 1 - The
issuance of not to exceed $14,500,000 General Obligation Bonds for essential corporate urban
renewal purposes, as published in the Waterloo Courier on October 8, 2021,be received and placed
on file. Voice vote-Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments.
David Dryer, 3145 W. 4th Street, requested an overview of the item.
Michelle Weidner, Chief Financial Officer, provided an overview of the item.
Noel Anderson, Community Planning and Development Director, explained that this is in the San
Marnan TIF District so it is not for the Schoitz Hospital, instead it is for the theme park.
Forest Dillavou, 1725 Huntington Road, stated that the theme park already had a development
agreement and received funding and now it is asking for more. He questioned how the city is going
to keep paying for projects and that it is selfish to make millionaires out of developers and squeeze
citizens.
Sophia Mays, 400 Block of Dane, stated that people have talked to her about the theme park. They
stated that it only benefits one side of Waterloo and not the other so it is not that great of a deal. She
asks that council to reconsider approving the item.
Lisa Skubal, Grown Cedar Valley, shared that Grow Cedar Valley continues to support this project
and explained the economic and social benefits of the project to the community.
October 18, 2021 Page 7
Dwayne Eilers, 1205 1/2 Bishop, commented that the theme park is going to raise everyone's taxes
and is not going to help other companies.
Don Share, 1415 Downing Avenue, questioned if the city will be a partner in the theme park or if
this project is a gift.
160553 - Grieder/Feuss
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote-Ayes: Seven. Motion carried.
160554 - Grieder/Feuss
that "Resolution instituting proceedings to take additional action for the issuance of not to exceed
$14,500,000 General Obligation Bonds",be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Mr. Boesen commented that if people would read the development agreement contract that will be
voted on later in the agenda they would see the benefit to the city.
Mrs. Juon requested an explanation of how the bonds will be paid back.
Noel Anderson, Community Planning and Development Director, provided an explanation of
proposed repayment schedules for the project.
Mr. Morrissey stated that the development is good for the entire community, as it will make Waterloo
an attractive tourist destination.
Resolution adopted and upon approval by Mayor assigned No. 2021-690.
160555 - Feuss/Grieder
that proof of publication of notice of public hearing on request by Northland Products Company to
rezone 5.19 acres from"M-1"Light Industrial District to "M-1,C-Z" Conditional Zoning District to
allow for compactors and drum washing system in relation to a petroleum operation, located at 2830
Geraldine Road, as published in the Waterloo Courier on October 8, 2021, be received and placed on
file. Voice vote-Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
160556 - Feuss/Amos
that the hearing be closed and recommendation of approval of the Planning, Programming and
Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried.
160557 - Feuss/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, approving a rezone of certain
property, located at 2830 Geraldine Road", be received, placed on file, considered and passed for the
first time. Roll call vote-Ayes: Seven. Motion carried.
160558 - Feuss/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.
160559 - Feuss/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, approving a rezone of certain
October 18, 2021 Page 8
property, located at 2830 Geraldine Road", 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. 5618.
160560 - Amos/Feuss
that proof of publication of notice of public hearing on request by the City of Waterloo to vacate 0.18
acres of City owned right-of-way at East High School at 214 High Street, and rescinding Ordinance
No. 2618, as published in the Waterloo Courier on October 8, 2021, be received and placed on file.
Voice vote-Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
160561 - Amos/Feuss
that the hearing be closed and recommendation of approval of the Planning,Programming and Zoning
Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried.
160562 - Amos/Feuss
that "an ordinance vacating 0.18 acres of City owned right-of-way at East High School at 214 High
Street, and rescinding Ordinance No. 2618",be received,placed on file, considered and passed for the
first time. Roll call vote-Ayes: Seven. Motion carried.
Mr. Boesen requested an overview of the item and subsequent actions related in items 4, 5 and 6.
Noel Anderson provided an overview of the item and clarification of the related actions.
160563 - Amos/Feuss
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
160564- Amos/Feuss
that "an ordinance vacating 0.18 acres of City owned right-of-way at East High School at 214 High
Street, and rescinding Ordinance No. 2618", 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. 5619.
160565 - Boesen/Amos
that proof of publication of notice of public hearing on request by the City of Waterloo to vacate 0.27
acres of City owned right-of-way at East High School at 214 High Street and retaining a utility
easement over the entirety and rescinding Ordinance No. 4459, as published in the Waterloo Courier
on October 8, 2021, be received and placed on file. Voice vote-Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
160566 - Boesen/Amos
that the hearing be closed and oral and recommendation of approval of the Planning, Programming
and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried.
160567 - Boesen/Amos
that "an ordinance vacating 0.27 acres of City owned right-of-way at East High School at 214 High
Street and retaining a utility easement over the entirety and rescinding Ordinance No. 4459", be
October 18, 2021 Page 9
received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion
carried.
160568 - Boesen/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.
160569 - Boesen/Amos
that "an ordinance vacating 0.27 acres of City owned right-of-way at East High School at 214 High
Street and retaining a utility easement over the entirety and rescinding Ordinance No. 4459", 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. 5620.
160570 - Morrissey/Amos
that proof of publication of notice of public hearing on request by the City of Waterloo to sell and
convey City owned vacated right-of-way near East High School at 214 High Street to the Waterloo
Community School District for$1.00, with the retention of easements over portions of the areas to be
conveyed, as published in the Waterloo Courier on October 8, 2021, be received and placed on file.
Voice vote-Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
160571 - Morrissey/Amos
that the hearing be closed and recommendation of approval of the Planning,Programming and Zoning
Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried.
160572 - Morrissey/Amos
that "Resolution approving the sale and conveyance of City owned vacated right-of-way near East
High School at 214 High Street to the Waterloo Community School District for $1.00, with the
retention of easements over portions of the areas to be conveyed,and authorizing the Mayor to execute
said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-691.
RESOLUTIONS
160573 - Grieder/Feuss
that"Resolution establishing a bereavement policy for loss of pregnancy",be adopted. Roll call vote-
Ayes: Seven. Motion carried.
David Dreyer, 3145 W. 4th Street, requested clarification on the resolution.
Mr. Grieder clarified that this bereavement policy leave is for miscarriages or stillbirths. He then
provided an overview of the policy.
Mrs.Juon commented that she has concern about the language of the resolution because it does nothing
other than let the public know that the council wants to see a policy "at an appropriate time". She
explained that she brought up the issue of surrogacy and this policy does not appear to address that
and questioned if a miscarriage in the first month needs the same leave as one in the eighth month.
Lance Dunn, Human Resources Director, commented that the Human Resources Department is
currently putting language together that incorporates everything that is needed in the policy.
October 18, 2021 Page 10
Mrs. Juon questioned what would the passing of this resolution accomplish if the Human Resources
Department already knows the council wants this language incorporated into the bereavement policy.
Mr. Grieder commented on the reasons why he believes the resolution is needed.
Mrs. Klein commented that she will support the resolution.
Mr. Morrissey questioned if Mr. Grieder would entertain changes in the last two points....
160574 - Morrissey/Grieder
To amend the resolution as follows:
1. That the Human Resources Department shall, , add pregnancy loss to existing bereavement leave
policies for the City of Waterloo employees eemmexstffate with the pelf y for- the less of
immediate family mefnb -r
2. That the Human Resources Department shall make the city council and the City of Waterloo
employees aware of these bereavement policy changes.
Roll call vote-Ayes: Seven. Motion carried.
Mr. Boesen commented that he does not see this policy happening any time soon because there are so
many variables as every contract is different concerning bereavement policies. This is a very complex
issue to work with all of the idiosyncrasies. If a policy were to be established in the next month, it
would only cover non-bargaining and salaried employees.
Mr. Feuss clarified that this policy language should not have to return to council for approval until
after each individual bargaining unit approves specific languages at the bargaining table and is ready
for the final contract approval.
Mrs. Juon commented that even for non-bargaining employees the policy needs to come back to
council for approval.
Resolution adopted and upon approval by Mayor assigned No. 2021-692.
160575 - Grieder/Feuss
that "Resolution approving the request by VJ Engineering on behalf of L and BB, LLC for the Final
Plat of Southland Park Sixth Addition, a replat 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. 2021-693.
160576 - Grieder/Feuss
that"Resolution approving a Professional Services Agreement with Modus of Waterloo, Iowa, in the
amount of$9,600, in conjunction with the Waterloo Center of the Arts -Youth Pavilion Phase I Boiler
Replacement Project, and authorizing the Mayor to execute said document", be adopted. Roll call
vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-694.
160577 - Klein/Grieder
that"Resolution approving construction plans for the Clark Street Utility Extension,which is sanitary
sewer and water main extensions,to serve a development at 520 W. Parker Street, as submitted by VJ
Engineering of Cedar Falls, Iowa, and a Sewage Treatment Agreement, DNR Form 29 (Nov 00)with
the Department of Natural Resources, and final acceptance of construction plans subject to the review
and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said
documents", be adopted. Roll call vote-Ayes: Seven. Motion carried.
October 18, 2021 Page 11
Resolution adopted and upon approval by Mayor assigned No. 2021-695.
160578 - Klein/Grieder
that "Resolution approving a Development Agreement with C 10 Investments, LLC, (Jeff Stickfort),
in conjunction with demolition and redevelopment of the former Schoitz Hospital site at the northeast
corner of Kimball and Ridgeway Avenues, with tax rebates at seventy-five percent for ten years, and
authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes:
Seven. Motion carried.
David Dryer, 3145 W.4th Street,commented that he does not understand why developers are receiving
these incentives when they do not benefit the taxpayer.
Mr. Grieder questioned what the city is getting now from the Schoitz site and what the city could
potentially receive from the site if the development goes through.
Noel Anderson, Community Planning and Development Director, provided an overview of the
proposed project and stated that the majority of the current site is not paying taxes because it was tax
exempt as a hospital for portions of it and the residential portion was reduced due to long-term
vacancy.
Mr. Grieder requested clarification on why the demolition permit is 14 months out from entering into
the agreement.
Noel Anderson explained that asbestos inspections prior to any demolition.
Mr. Boesen commented that he was equally concerned about the 14 months for pulling a demolition
permit and also questioned the language that says construction will be done in a timely manner. He
said that in the past,we have always set dates and timelines and this is language is too vague.
Noel Anderson provided an explanation for the language.
Mrs. Klein commented that she is concerned about the open-endedness and questioned if the city can
establish an escape route by pulling back if no progress is made within two-years.
Noel Anderson commented on outside factors that would incentivize the developer to move forward
and if he does not meet those, the city would have the blighted building gone and ready for someone
else to develop.
Mr.Morrissey commented that this area of town would be an ideal location for the type of development
that is proposed to go there. Mr. Morrissey questioned if the residential portion would be closest to
the soccer field and baseball diamond and if that would fit in with other residential lots in the area.
Noel Anderson confirmed.
Mr. Feuss commented that people in his ward are excited and would ask that the developer consider
including a community center. He stated that the city has worked with Mr. Stickfort in the past and
questioned his timeliness on projects.
Noel Anderson confirmed that the City has worked with Mr. Stickfort on several projects that went
very well.
Mr. Feuss commented that Mr. Stickfort is investing his own money on the project as opposed to other
developers.
Mr. Boesen clarified that the plan is not for single-family housing.
Noel Anderson clarified that multi-plex housing is proposed for the site.
Resolution adopted and upon approval by Mayor assigned No. 2021-696.
160579 - Morrissey/Amos
October 18, 2021 Page 12
that "Resolution approving a Development Agreement with Lost Island Themepark, Inc., for the
development of the $104 million investment, Lost Worlds Theme Park, with tax rebates for twenty-
years at fifty percent, a new taxable value of$12.5 million, a $14 million grant to Company and road
improvements by City,and acquisition of approximately fifty-six acres of land in the amount of$1.00,
and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes:
Seven. Motion carried.
David Dryer, 3145 W.4th Street, questioned projected road improvement costs and speculated that the
city would gain more property and sell the property for$1.00.
Jamie Knutson, City Engineer, provided an overview of road construction and utility improvement
plans for the area.
Kelley Felchle,City Clerk,read comments received in an email from Tavis Hall,Experience Waterloo,
who supports of the project.
Mr. Grieder stated that he is excited for the theme park to open and the investment that the Bertch
family has made in the community. He shared that the project will have an incredible impact on the
entire community.
Resolution adopted and upon approval by Mayor assigned No. 2021-697.
160580 - Morrissey/Amos
that "Resolution approving Amendment No. 5 to the Development Agreement with Central Property
Holdings, LLC, originally executed August 7, 2017, to change the ending date for construction
completion from November 30, 2021 to Dec 31, 2022, in conjunction with construction of a grocery
store located at East 2nd Street and Franklin Street, and authorizing the Mayor and City Clerk to
execute said document", be adopted. Roll call vote-Ayes: Five. Nays: Two (Boesen and Klein).
Motion carried.
David Dryer, 3145 W. 4th Street,this potential construction has gone on for too long. We keep giving
people extensions and stated that they want to see the project move forward.
Kelley Felchle, City Clerk, read comments received via email from Self Help Federal Credit Union
confirming the completion of underwriting and preliminary approval of loans totaling $5.9 million to
Central Property Holdings, LLC and All-In Grocers, LLC.
Mr. Grieder commented that this community needs development in the area. Unfortunately, timing
has been slow on this project but patience and this investment in a food desert is worth the wait.
Mr. Amos stated that the All-In Grocery store will be a huge benefit to the community he lives in and
is very much needed.
Mr. Boesen provided the definition of a food desert and commented that it is more than just the
distance to a grocery store, its transportation and social economic issues, etc. He provided a timeline
beginning in 2017, of the various commitments Mr. Anderson has made to the City regarding this
project and outlined each one that has fallen short. He explained that the majority of complaints he
has received are about the lack of progress with All-In Grocers and he said it is time that city sends a
message to contractors and developers that when we enter into contracts and development agreements
in good faith, we expect the same from them with the fulfillment of that bargain. He is in favor of
pursuing the financial reimbursement clause written into the agreement that states that if a developer
does not meet the deadlines set forth in the agreement, the City can ask for their investment back at 6
percent interest, as opposed to moving any more forward with this agreement.
Mrs. Klein commented that she agrees with what Mr. Boesen stated. She explained there has been a
whole string of the same arguments and excuses that do not come true. She is not willing to put up
with any further inaction in the area and our neighborhoods deserve more respect. She will not be
voting to approve this resolution.
Mr. Morrissey commented that anyone on council who has voted to extend other development
agreements and decides to make issue with this extension is questionable. He questioned why local
lenders are not getting involved in this project, causing the developer to go all the way to the east coast
October 18, 2021 Page 13
to get financing. For anyone on council to say that they have not been informed of Mr. Dunn's, the
Human Resources Director, involvement is not speaking accurately because the council has been
informed. He further addressed the comments about food deserts and is supporting Mr.Anderson with
this project.
Mr. Feuss questioned what would council expect with this development agreement that we have had
in prior agreements that construction of improvements would begin.
Noel Anderson explained that it is basically just changing the end date by approximately one year.
Mr.Amos stated that he agreed with Mr. Morrissey's comments. He stated that there have been things
happening that have slowed down the project. He added that obviously nobody has talked to the
residents in that area because he knows that this is something that has been prayed for, for ten years
or longer.
Mr. Boesen appreciates Mr. Amos' comments on the matter and noted that council was informed in
March of 2020 that Mr. Dunn had been a partner since May 2019, so there was a gap in that disclosure
with our large investment. He further noted that the definition of a food desert that he provided was
not his own, but from the University of Ohio and other universities he had researched.
Mrs. Klein commented that numerous extensions have been granted and the excuses and reasons did
not hold up as well as the delay in disclosing that a sitting city administrator had jumped in as a partner
does not pass the smell test. She will be voting against this.
Mr. Grieder commented that several innuendoes been made and he wants to clarify. He stated that
when it was revealed that Mr.Dunn was a partner,he asked City Attorney Petersen what our disclosure
policy is regarding city employees and development projects, and was told there was none. There is
a only voluntary disclosure policy. Nothing was done wrong per the current policies we have existing.
He thinks it is dangerous to insinuate that because someone went above and beyond what they are
required to do, that obviously, they are out to bilk the tax payer and this is a dangerous precedent to
set. He further commented on other questionable comments made and stated he will be voting to
support this resolution.
Mr. Morrissey commented that the north side of town now only has one grocery store while the west
side of town has at least six grocery stores.
Mr. Boesen stated that he has voted for extensions in the past but regrets some of his decisions to side
with council for the betterment of Waterloo. He agrees with some of the issues Mr. Grieder
commented on regarding this project,but noted some inconsistencies with Mr.Anderson's reasons for
the delays.
Mrs. Klein commented that the grocery store is 2 miles from her home and though she doesn't like it,
she has learned to deal with it. You get used to what you have to do.
Rodney Anderson, Franklin Street, responded to the negative comments made regarding the project,
associated costs, delays and his reputation. He shared information to support his position, refuted the
comments made against his character and stated he would never attack the character of anyone on
council.
Mrs. Klein objected to Mayor Hart allowing Mr.Anderson to address her directly regarding comments
that she made and that that he is making this a personal attack and the Mayor should not allow it.
Mayor Hart explained that Mr. Anderson is merely responding to the comments made about him.
Resolution adopted and upon approval by Mayor assigned No. 2021-698.
ORDINANCES
160581 - Feuss/Grieder
that"an ordinance amending the 2020 Traffic Code by adding Section 558A No Parking City Vehicle
Parking Only, to said Traffic Code, and adding Section 558A (1) No Parking City Vehicle Parking
Only 400 block of East Sixth Street, and adding Section 558A (2) No Parking City Vehicle Parking
October 18, 2021 Page 14
Only 600 block of Jefferson Street", be received, placed on file, considered and passed for the first
time. Roll call vote-Ayes: Seven. Motion carried.
160582 - 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.
160583 - Feuss/Grieder
that"an Ordinance amending the 2020 Traffic Code by adding Section 558A No Parking City Vehicle
Parking Only, to said Traffic Code, and adding Section 558A (1) No Parking City Vehicle Parking
Only 400 block of East Sixth Street, and adding Section 558A (2) No Parking City Vehicle Parking
Only 600 block of Jefferson Street", 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. 5 62 1.
ADJOURNMENT
160584 - Feuss/Grieder
that the Council adjourn at 8:23 p.m. Voice vote-Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk