HomeMy WebLinkAbout01.18.22 Regular Session MinutesJanuary 18, 2022
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, January 18, 202. Mayor Pro Tem Ray Feuss in the Chair. Roll Call:
Boesen, Chiles, Grieder, Wilder and Feuss. Nichols and Amos joined the meeting via Zoom.
Prayer or Moment of Silence.
Pledge of Allegiance: Dave Boesen, At -Large Council Member
106874 - Grieder/Chiles
that the Agenda, as amended, by removing Item 1.B.6 from the consent agenda to be considered
separately, for the Regular Session on Monday, January 18, 2022, at 5:30 p.m., be accepted and
approved. Voice vote -Ayes: Seven. Motion carried.
106875 - Grieder/Chiles
that the Minutes, as proposed, for the Regular and Special Sessions on Monday, January 3, 2022,
and the Special Sessions of January 10 and 11, 2022, be accepted and approved. Voice vote -Ayes:
Seven. Motion carried.
Proclamation declaring the National Observance of Dr. Martin Luther King Jr.'s Birthday on
Monday, January 17, 2022.
PUBLIC COMMENTS
County Supervisor Dan Trelka thanked the city for engaging in crow mitigation efforts and added
that the county contributed funds to the effort.
David Dryer, 3145 W. 4th Street, commented that he would like item number 1.A.5. removed from
the consent agenda for further consideration. He also commented on wage increases.
Forest Dillavou, 1725 Huntington Road, commented on a proposed housing development at the
former Edison School site, and questioned how water runoff would be managed. He explained that
this is the only area of Waterloo that is required to have sump pumps in basements and direct the
water to run out to the street.
Todd Obadal, 124 Amity Drive, commented that the city had a special session last Monday to vote
on an item that was supposed to be voted on tonight. He shared that there was faulty logic in that the
public knew. He proposed the idea that the council move back to weekly council meetings so that
things are not pushed through without notice to the citizens. He shared that there was an impression
that something was being done outside of the ordinary. He said that he does not see that anything
was gained from having a special session between weeks. He commented that council should
reference the Iowa Code for upcoming discussions.
Mr. Grieder commented that on December 28, 2021 alleged vandalism occurred at Al-Noor Islamic
Center. The vandalism deeply saddened him because anti -Islamic rhetoric has been on the rise over
the last few years. He commented that it also saddens him that the cross was used as part of this act
of vandalism. He was heartened by their response, as Ahmed Abouzid, Imam of the Islamic Center
invited people into their community to learn about their faith. He also shared that another young
person in the community died from gun violence on January 8, 2022. He stated that some will call
for simple solutions to this issue. There are systemic issues that contribute to the loss of life,
including poverty, lack of opportunities, systemic racism and other problems end with a gun being
fired. This is a failure of many systems, including this city government. He called for a task force to
be created of community members, educators, religious figures, law enforcement and other people of
specialized knowledge on violence in our community. Their task shall be to meet and bring solutions
to this council. He shared that he will introduce a resolution at future council meetings that further
flesh out this task force.
Mr. Boesen acknowledged the passing of retired firefighter Lou Ball and asked that his wife,
children, and relatives in everyone's thoughts and prayers. He thanked public works for their snow
removal efforts, along with Leisure Services for their work to clear streets, parking lots and for
grooming the cross country skiing route through our golf courses. He has received positive public
input. He requested a timeframe on when downtown snow piles will be removed.
January 18, 2022 Page 2
Randy Bennett, Public Works Director, provided an update on downtown snow removal.
Mr. Amos stated that he fully supports Mr. Grieder's task force.
106876 - Feuss/Grieder
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
106877 - Feuss/Grieder
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated January 10, 2022,
in the amount of $17,245,317.01 and January 18, 2022, in the amount $4,034,922.30, 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. 2022-024.
2. Resolution approving cancellation of a sidewalk assessment for property located at 439
Beech Street, in the amount of $156.48, and authorize the City Clerk to notify Black Hawk
County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2022-025.
3. Resolution setting date of public hearing as February 7, 2022 to authorize the sale and
conveyance of a portion of a city -owned lot, located east of 2459 GT Drive, to Gray
Transportation, Inc., in the amount of $1.00, including a Development Agreement for the
construction of a new maintenance facility, and authorize the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-026.
4. Resolution approving a Temporary Construction Easement Agreement with Hotel President
Partners, LP in the amount of $100.00, in conjunction with the reconstruction of the Park
Avenue Bridge located at the northwest corner of the Park Avenue Bridge and the Cedar
River, and authorizing the Mayor and City Clerk to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2022-027.
5. Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in an
amount Aiet4e--e*eee€1-€1-alaPreN'ing4he-e014tfae-t74aenEli-i:InEt-ceitifieete
insurance, in conjunction with FY 2021 Cedar River Marina and Recreational Enhancements,
DOT Project No. TAP U 8155(768) 8I 07, Contract No. 1011, and authorizing the Mayor
and City Clerk to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2022
6. Resolution approving award of bid to Young Plumbing & Heating Company of Waterloo,
Iowa, in the amount of $54,900, and approving the contract, bonds and certificate of
insurance, in conjunction with the Waterloo Center of the Arts -Youth Pavilion Phase I Boiler
Project, and authorizing the Mayor and City Clerk to execute said documents.
Resolution adopted and upon approval by Mayor assigned No. 2022-028.
7. Resolution approving award of bid to Peters Construction of Waterloo, Iowa in the amount of
$97,997.00, approving the contract, bonds and certificate of insurance, in conjunction with
January 18, 2022 Page 3
1.
a.
b.
c.
d.
the FY 2022 Anaerobic Lagoon Blower Building Interim Repairs, Contact No. 1060, and
authorizing the Mayor to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2022-029.
8. Motion approving Final Quantity Summary, Change Order No. 2 with KW Electric, Inc., of
Cedar Falls, Iowa, for a net decrease of $2,183.80, in conjunction with the Ridgeway Avenue
and Greyhound Intersection Signalization Iowa DOT Grant Project No. CS-TSF-8155(762)--
85-07, and authorizing the Mayor and City Clerk to execute said document.
9. Resolution approving Completion of Project and Recommendation of Acceptance of Work
for work performed by KW Electric, Inc., of Cedar Falls, Iowa, in conjunction with the
Ridgeway Avenue and Greyhound Intersection Signalization Iowa DOT Grant Project No.
CS-TSF-8155(762)--85-07, for a total contract amount of $331,903.90, and release of
retainage in the amount of $9,957.12.
Resolution adopted and upon approval by Mayor assigned No. 2022-030.
10. Motion approving Final Quantity Summary for Aspro, Inc., for a net decrease of
$276,466.22, in conjunction with the FY 2021 Street Reconstruction Program, Contract No.
1023, and authorizing the Mayor and City Clerk to execute said document.
11. Resolution approving Completion of Project and Recommendation of Acceptance of Work,
for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of $3,625,159.77, in
conjunction with the FY 2021 Street Reconstruction Program, Contract No. 1023, and
receive and file a two-year maintenance bond.
Resolution adopted and upon approval by Mayor assigned No. 2022-031.
12. Resolution approving Completion of Project and Acceptance of Work for work performed by
WRH, Inc., of Amana, Iowa, and release of retainage in the amount of $45,556.39, in
conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Cover
Modifications, Contract No. 1021, and receive and file a two-year maintenance bond.
Resolution adopted and upon approval by Mayor assigned No. 2022-032.
13. Resolution rescinding Resolution No. 1999-59 in its entirety.
Resolution adopted and upon approval by Mayor assigned No. 2022-033.
b. Motion to approve the following:
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
John Hyman,Kevin
Kuenstling, Alan
Delagardelle -
Sewer Maintenance
2022 Iowa Water
Environment Association
Maintenance Conference
Ankeny, IA
January 25-
26, 2022
$1,151.00
Tom Klein, Brad
VanderWerff, Bob
Jorgensen - Golf
Superintendents
2022 Turfgrass Conference
Des Moines,
IA
February 22-
24, 2022
$675.00
Dennis Gentz, PE,
Assistant City
Engineer
ICPA 58th Annual
Workshop
Des Moines,
IA
April 2-4,
2022
5456.40
Leisure Services
Employees
Staff Communication
Training
Sportsplex,
Waterloo,
IA
January 23,
2022
$1,500.00
January 18, 2022
Page 4
2.
e.
f.
a.
b.
c.
d.
e.
f.
g•
h.
i.
j•
k.
1.
M.
n.
o.
P•
q.
Major Leibold,
Captain Duncan,
Lts. Bose, Girsch,
Payne, Sgts. Devine,
FBI Law Enforcement
Executive Development
Association on line
Training (1st Amendment)
Waterloo,
IA
January 24 -
February 28,
2022
$2,450.00
Rasmussen
Investigator Kyle
Jurgensen
PEAK Basic Polygraph
Examiner School
Cape Coral,
FL
May 2- July
8, 2022
$19,950.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
1850 Patio & Grill, 1850 W.
Ridgeway Avenue
C Liquor w/Outdoor
Service
Renewal
10/31/2022
x
The Broken Record, 315 W.
4th Street
C Liquor w/Outdoor
Service
Renewal
1/20/2023
x
Casey's General Store
#2866, 51 E. Tower Park
Drive *Ownership Update*
B Wine / C Beer / E
Liquor
New
2/28/2022
x
Casey's General Store
#2867, 2424 Ranchero Road
B Wine / B Native Wine /
C Beer / E Liquor
New
6/14/2022
x
Casey's General Store
#2879, 3260 University
Avenue *Ownership
Update*
B Wine / C Beer / E
Liquor
New
9/30/2022
x
Casey's General Store
#2880, 1604 LaPorte Road
*Ownership Update*
B Wine / C Beer / E
Liquor
New
9/30/2022
x
Casey's General Store
#3880, 1900 W. Ridgeway
*Ownership Update*
B Wine / C Beer / E
Liquor
New
1/31/2023
x
Cedar Valley Fish Market,
218 Division Street
B Native Wine / B Beer
Renewal
1/25/2023
Hy-Vee Gas #2, 2221 Logan
Avenue
C Beer
Renewal
1/2/2023
x
_
Kwik Star #229, 1717 E.
San Marnan Drive
B Wine / C Beer
Renewal
9/24/2022
x
Liquor & Tobacco Outlet,
2844 University Avenue
B Wine / C Beer / E
Liquor
Renewal
1/31/2023
x
Lucky Nail, 1905 Schukei
Road
C Liquor
New
10/31/2022
Prime Mart, 3535 Marigold
Drive
B Wine / C Beer / E
Liquor
Renewal
1/19/2023
x
Screaming Eagle, 228 E. 4th
Street
C Liquor w/Outdoor
Service
Renewal
1/13/2023
x
Singlespeed Brewing, 325
Commercial Street
C Liquor/Special Class A
Beer w/Outdoor
Service/Catering/BrewPub
Renewal
12/31/2022
x
Spectra Venue Management,
200 W. 4th Street
C Liquor w/Outdoor
Service and Catering
Renewal
1/31/2023
x
West Side Liquor, 919 W.
5th Street
B Wine / C Beer / E
Liquor
Renewal
12/21/2022
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or
Re -Appointment
Don Ticknor
Memorial Hall Commission
December 31, 2024
Re -Appointment
January 18, 2022
Page 5
Terry Scheffert
Memorial Hall Commission
December 31, 2024
Re -Appointment
Craig Holdiman
Board of Adjustment
December 18, 2022
New
Cody Leistikow
Community Development
Board
January 7, 2025
Re -Appointment
Eric Donat
ADA Compliance
Commission
November 2, 2024
Re -Appointment
Kathryn Mahoney
Human Rights Commission
January 18, 2025
New
Michael Allen
Human Rights Commission
January 18, 2025
New
Lisa Munoz
Human Rights Commission
January 18, 2025
New
Samantha Blatt
Human Rights Commission
January 18, 2025
New
4. Motion to approve Change Order No. 1 with Plumb Tech Inc., of Waterloo, Iowa, for a net decrease
of $2,483.00, in conjunction with the Ridgeway Towers Boiler Replacement Project, and authorizing
the Mayor, Housing Authority Director, and City Clerk to execute said document.
5. Motion approving Change Order No. 5 from Woodruff Construction of Waterloo, Iowa for a net
increase of $55,566.00 in conjunction with the FY 2020 Wastewater Treatment Plant Biosolids
Modifications Project, Contract No. 994, and authorizing the Mayor to execute said document.
6. Motion to approve Change Order No. 27 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net
increase of $6,388.00, in conjunction with the Five Sullivan Brothers Convention Center Addition and
Renovation Project, and authorizing the Mayor to execute said document.
7. Motion to approve Change Order No. 28 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net
increase of $7,133.00, in conjunction with the Five Sullivan Brothers Convention Center Addition and
Renovation Project, and authorizing the Mayor to execute said document.
8. Motion to approve the appointment of Lexi Blank to the position of Planner I with a start date of
January 19, 2022.
9. Fireworks Display at the National Cattle Congress for the Hairball Concert on January 22, 2022 from
approximately 8:00 p.m. to 10:00 p.m.
Roll call vote -Ayes: Seven. Motion carried.
106878 - Boesen/Chiles
1.A.5. Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in an
amount not to exceed $1,281,571.05, and approving the contract, bond, and certificate of insurance, in
conjunction with FY 2021 Cedar River Marina and Recreational Enhancements, DOT Project No.
TAP-U-8155(768)--8I-07, Contract No. 1011, and authorizing the Mayor and City Clerk to execute
said document. Roll call vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, commented that he has heard stories of how many boats are registered
in the county and how many used to utilize the Cedar River. The Cedar River can no longer be utilized
by larger boats due to the lack of dredging. He questioned how much revenue the city will receive
from the marina. He also stated that the plans include fuel but it is unclear what kind of water craft
would use this gas.
Mr. Boesen stated that the Army Corps of Engineers is in support of this project and requested an
overview of how ramps, electricity, and fuel will access this site.
Jamie Knutson, City Engineer, stated that the project would go along the side the levy, not go through
the levy. He shared that to his knowledge there are no plans to provide fuel and electricity for the
marina. Lights will be available at the parking site and along the walkway.
Mr. Boesen clarified if the slips would be lit at night.
January 18, 2022 Page 6
Jamie Knutson confirmed that the slips would not be lit at night.
Resolution adopted and upon approval by Mayor assigned No. 2022-034.
106879 - Boesen/Grieder
1.B.6. Motion to approve Change Order No. 27 with Cardinal Construction, Inc., of Waterloo, Iowa,
for a net increase of $6,388.00, 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.
Mr. Boesen questioned if the duct protectors were missed in the original plans or if additional detectors
were added through the project.
Noel Anderson, Community Planning and Development Director, explained that the existing duct
work did not have detectors and they decided that some needed to be added.
Mr. Boesen questioned if the cost should be shared with the contractor if these were missed in the
original design.
Noel Anderson explained that some of that cost is being absorbed in the overall cost of the project.
Mr. Boesen requested clarification if there would be cost sharing or if the city would absorb the entire
amount.
Noel Anderson commented that the cost shown on the agenda was originally higher and the contractor
is absorbing that portion.
PUBLIC HEARINGS
Mr. Boesen commented that the request by Gray Transportation for a site plan amendment to the
"M-2,P" Planned Industrial District to allow for the expansion of their site at 2459 GT Drive, with
an additional 116 foot by 80 foot truck maintenance facility was cancelled and rescheduled at a later
date.
106880 - Grieder/Chiles
that proof of publication of notice of public hearing on Sale and conveyance of a portion of a city -
owned lot, located northerly of 1217 Sycamore Street, to Lola Montgomery, in the amount of
$549.12 plus closing costs, as published in the Waterloo Courier on January 7, 2022, 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.
106881 - Grieder/Chiles
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
106882 - Grieder/Chiles
that "Resolution authorizing the sale and conveyance of a portion of a city -owned property to Lola
Montgomery in the amount of $549.12 plus closing costs, for property located northerly of 1217
Sycamore 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. 2022-035.
RESOLUTIONS
106883 - Boesen/Grieder
January 18, 2022 Page 7
to postpone indefinitely, the "Resolution approving Amendment No. 6 to the Development
Agreement with Central Property Holdings, LLC, originally executed August 17, 2017, to raise the
minimum assessed value from $2.5 million to $4.0 million, and eliminate the mortgage on the
property, for the All -In Grocers Project, and authorizing the Mayor and City Clerk to execute said
documents". Roll call vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, stated that he does not understand the agenda item as it states the
developer will pay $144,000 in taxes, but that is before the tax rebates. He questioned the city's net
dollar and requested clarification. He also said he hopes to see progress at the site.
Forest Dillavou, 1725 Huntington Road, commented that he has a problem with forgiving the
mortgage. He questioned if the developer can sell the property once it is built and if so, would the city
we be able to receive the funds. He also added that the developer built a property in Bremer County
for over $600,000 at the same time he is trying to get financing for the property. He speculated that it
had an impact on his ability to get financing on the project.
Noel Anderson, Community Planning and Development Director, commented that the original
development agreement had wording that allowed for the subordination of the lesser amount of
funding. No action was required on that by the council hence the changes in the minimum assessment
agreements. He further addressed the reversionary rights regarding the mortgage and selling the
property addressed in the development agreement.
Todd Obadal, 124 Amity Drive, requested that a letter he brought be distributed to council and added
to the record. He explained that he had additional questions of legality pertaining to the letter and
went on to list them.
Mr. Boesen commented on the actual amount from taxes the city would receive after the proportional
distribution to the county, schools, etc.
Michelle Weidner, Chief Financial Officer, shared that this is in an urban renewal area so the taxes all
stay within the urban renewal area until we have exhausted the expenditures for that area. However,
if it were not in an urban renewal area, the city would get about 44 percent of the taxes.
Mr. Boesen questioned when would the schools and county begin to receive money from this project.
Michelle Weidner explained that the city could withdraw funds when we wish to, but the determination
is what other projects need to happen in the urban area. She believes all will benefit regardless of
whether those direct tax dollars are paid because there are more jobs, retail activity and hopefully more
families working and living here.
106884 - Grieder/Boesen
that "Resolution approving two-year Re -Opened Collective Bargaining Agreement with AFSCME
Local 1195 Planners and Engineers; AFSCME Local 1195 Police Lieutenants & Code Enforcement
Officers; Teamsters Local 238; Municipal Employees Local Union No.177; Communication Workers
of America; Waterloo Police Protective Association and International Association of Fire Fighters
Local No. 66, and authorize the Mayor and Human Resources Director to execute said documents",
be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Boesen requested that council receive updated copies of the contracts.
Resolution adopted and upon approval by Mayor assigned No. 2022-036.
106885 - Grieder/Boesen
that "Resolution approving the Bond and Disclosure Counsel Engagement Agreement with Ahlers &
Cooney, P.C. in connection with the issuance of bonds and ongoing continuing disclosure
requirements", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-037.
106886 - Grieder/Boesen
January 18, 2022 Page 8
that "Resolution approving a Professional Services Agreement with Amy Wienands Real Estate of
Waterloo, Iowa, in conjunction with the sale of 235 Newell Street, in an amount not to exceed
$10,000.00, 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. 2022-038.
106887 - Nichols/Grieder
that "Resolution approving Supplemental Agreement No. 2 to a Professional Services Agreement with
AECOM Technical Services, Inc. of Waterloo, Iowa, originally executed May 20, 2019, in an amount
not to exceed $175,000.00, for construction related services in conjunction with the FY2021 Cedar
River Marina and Recreational Enhancements, Contract No. 1011, DOT Project No. TAP-U-
8155(768)--81-07, 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. 2022-039.
106888 - Nichols/Grieder
that "Resolution approving an incentive payment to Grow Cedar Valley in the amount of
$10,000.00 for work towards economic development for FY 2022", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-040.
106889 - Nichols/Grieder
that "Resolution approving a two-year Lease Agreement with Ruby Abebe for the westerly 50 feet of
Lot 3 in the Northeast Industrial Park, in the amount of $100.00 per year, to place small green house
structures for growing vegetables and produce, as a part of a grant for helping minorities learn farming
and produce growing methods, and authorizing the Mayor and City Clerk to execute said documents",
be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Chiles commented that this is a very positive step forward to increasing the amount of organic
farming in our city, and that Ms. Abebe welcomes anyone to reach out to her if there is a neighborhood
association that would like to see this in their area.
Mr. Amos echoed Mr. Chiles' statement and shared that Ms. Abebe reached out to him about this
project over a year ago. He firmly believes this project will benefit Waterloo in its entirety and
encourages the support of council.
Resolution adopted and upon approval by Mayor assigned No. 2022-041.
ADJOURNMENT
106890 - Boesen/Grieder
that the Council adjourn at 6:25 p.m. Voice vote -Ayes: Seven. Motion carried.
Relley Felchle
Kelley Felchle
City Clerk