HomeMy WebLinkAbout05.16.2022 Regular Session MinutesMay 16, 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 Monday, May 16, 2022. Mayor Quentin Hart in the Chair. Roll Call: Boesen,
Nichols, Amos, Chiles, Grieder, Wilder and Feuss, joined the meeting.
Prayer or Moment of Silence.
Pledge of Allegiance: Mr. Nichols
107318 - Feuss/Wilder
that the Agenda, as proposed, for the Regular Session on Monday, May 16, 2022, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
107319 - Feuss/Wilder
that the Minutes, as proposed, for the Regular Session on Monday, May 2, 2022, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
107320 - Feuss/Wilder
that the Minutes, as proposed, for the Special Session on Tuesday, April 26, 2022, at 6:00 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Proclamation declaring May 15-21, 2022 as Emergency Medical Services Week.
Proclamation declaring May 15-21, 2022 as National Public Works Week.
Police Chief Fitzgerald explained that this is National Peace Officers Week and shared that
tomorrow there is a service at Memorial Hall at 10:00 recognizing those that have given their lives in
service to the citizens of Black Hawk County.
PUBLIC COMMENTS
David Dryer, 3145 W. 4th Street, requested that item 1.A.10 on the consent agenda be removed. He
also questioned if the alley behind the American Legion is city property and stated that if it is, it
needs to be addressed because it is in disrepair.
Brandon Alvarado, 217 W. 4th Street, shared that he is here representing Main Street Waterloo
Design Council and explained that he....9:00-1:00 meeting at Anton's Garden. Anyone interested in
volunteering can sign up on Main Street Waterloo's website and will be provided a free lunch.
George Meeks, 609 E. Donald Street, asked the council to consider having clergy throughout the city
to pray for the city at the start of the City Council meeting.
Jack Black, 227 Downing, commented on the development project located next to the CVS on
Franklin Street and questioned when the community would see some additional progress.
Mayor Hart explained that the council recently received an update from the developer and share the
update with the public.
Council members Grider, Wilder, Chiles, Amos, and Nichols shared that former Council member
Sharon Juon passed away recently and commented on the positive impact she made on their lives
and the community.
107321 - Feuss/Wilder
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
107322 - Feuss/Wilder
May 16, 2022 Page 2
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 May 9, 2022 in
the amount of $4,820,667.62 and May 16, 2022 in the amount of $1,610,289.74 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. 2022-272
2. Resolution authorizing the City Clerk to certify against certain parcels for unpaid lawn
mowing, sidewalk snow removal, property cleanups, and hazardous tree removals.
Resolution adopted and upon approval by Mayor assigned No. 2022-273
3. Resolution approving request of Charles Shirey for a waiver for a concrete driveway, located
at 410 Sunset Road (approach on Fletcher Avenue), with the elimination of the sidewalk
section due to inability to meet grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2022-274
4. Resolution approving a request by LaTanya Graves for a Variance to the Noise Ordinance for
27th Annual Juneteenth Celebration, on June 18, 2022 from 12:00 p.m. to 8:00 p.m., and June
19, 2022 from 10:00 a.m. to 7:00 p.m., located at Gates Park.
Resolution adopted and upon approval by Mayor assigned No. 2022-275
5. Resolution approving a request by Lori Klingfus for a Variance to the Noise Ordinance for a
backyard gathering, on August 27, 2022 from 12:00 p.m. to 7:00 p.m., located at 1604
Garden Avenue
Resolution adopted and upon approval by Mayor assigned No. 2022-276
6. Resolution approving a request by Grace Reformed Church for a Variance to the Noise
Ordinance for the Sunday in the Park event on June 19, 2022 from 8:00 a.m. to 1:00 p.m.,
located at Hope Martin Park
Resolution adopted and upon approval by Mayor assigned No. 2022-277
7. Resolution approving a request by the Screaming Eagle American Bar and Grill for a
variance to the Noise Ordinance for Thursday Bike Nights, from June 1, 2022 to October 1,
2022, 5:00 p.m. to 10:00 p.m., each Thursday.
Resolution adopted and upon approval by Mayor assigned No. 2022-278
8. Resolution approving a request by Black Hawk County 4-H Shooting Sports for a Variance
to the Weapons Ordinance for the Black Hawk County 4-H and FFA Fair, on July 30, 2022
at 12:00 p.m., located at the National Cattle Congress.
Resolution adopted and upon approval by Mayor assigned No. 2022-279
9. Resolution setting date of public hearing as June 6, 2022 to approve the request by the City
of Waterloo to vacate a portion of city -owned right-of-way and utility easements at the
Edison School Site in the "R-1,R-P" Planned Residential District located at the northeast
corner of Harwood Avenue and Evergreen Avenue northeast of 806 Evergreen Avenue, and
located northeast of 2200 Falls Avenue, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-280
10. Resolution setting date of public hearing as June 6, 2022 for the sale and conveyance of City
property located west of 420 Harwood Avenue, to Big Hand Pepper, LLC, in the amount of
$1.00, including a Development Agreement, for thirty-two (32) new, single-family homes,
and instruct the City Clerk to publish notice.
May 16, 2022 Page 3
Resolution adopted and upon approval by Mayor assigned No. 2022-281
11. Resolution approving preliminary plans, specifications, form of contract , etc. and setting
date of bid opening as June 9, 2022 and date of public hearing as June 20, 2022, in
conjunction with the FY 2023 CIP Pipelining Phase IVA3, Contact No. 1063, and instruct
City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-282
12. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as June 2, 2022 and date of public hearing as June 6, 2022, in conjunction with
the FY 2022 Sidewalk and Trail Repair Program - Zone 2, Contract No. 1061, and instruct
the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-283
13. Resolution approving Completion of Project and Acceptance of Work for work performed by
Boomerang Corporation, of Anamosa, Iowa, for a total amount of $4,176,861.94, and release
of retainage in the amount of $208,843.09, in conjunction with the Dry Run Creek
Interceptor Project, Contract No. 877.
Resolution adopted and upon approval by Mayor assigned No. 2022-284
14. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedure Policy to
approve the purchase of one (1) Tool Cat Drive Unit with Vacuum Sweeper from Black
Hawk Rental of Waterloo, Iowa, in the amount of $114,950.89.
Resolution adopted and upon approval by Mayor assigned No. 2022-285
15. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedure Policy to
approve the purchase of one (1) 2022 Case 580SN WT Backhoe, in the amount of
$117,065.34, from Titan Machinery, Center Point, Iowa.
Resolution adopted and upon approval by Mayor assigned No. 2022-286
b. Motion to approve the following:
1.
a.
b.
c.
2.
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Pat Treloar, Fire
Chief
International Association
of Fire Chiefs (IAFC)
Conference and Expo
San
Antonio, TX
08/23-27/2022
$2,589.00
J. Gaherty, M.
Schaefer, T.
Janssen, Waste
Management Plant
Maintenance
Iowa Water Environment
Association 2022 Annual
Conference
Davenport,
IA
06/07-09/2022
$1,487.00
B. Manahl, A.
Bedard, N.
Rasmusson, Waste
Management
Operator
Iowa Water Environment
Association 2022 Annual
Conference
Davenport,
IA
06/07-09/2022
$1,487.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
May 16, 2022
Page 4
a.
b.
c.
d.
e.
f.
g•
h.
i.
J•
k.
1.
M.
n.
Behar Bar, 312 W. 4th
Street
C Liquor and Outdoor
Service
Renewal
04/30/2023
X
Locals Bar and Grill, 229 E.
4th Street
C Liquor and Outdoor
Service
Renewal
05/20/2023
X
Mersim's Kitchen, 126 E.
Ridgeway Avenue, Suite A
C Liquor and Outdoor
Service
Renewal
04/15/2023
X
New Star, 1459 Ansborough
Ave.
B Wine, C Beer, and E
Liquor
Renewal
06/02/2023
X
Prime Mart 7, 1309
Lafayette Street
B Wine, C Beer, and E
Liquor
Renewal
04/30/2023
X
Ray's Supermarket, 1975
Franklin Street
B Wine, C Beer, and E
Liquor
Renewal
03/23/2022
X
Riverloop Expo Plaza, 400
Jefferson St.
C Liquor and Outdoor
Service
New
Application
11/30/2022
X
Main Street Waterloo,
Lincoln Park *5 Day
License*
B Beer
New
Application
05/27/2022
X
Main Street Waterloo,
Lincoln Park *5 Day
License*
B Beer
New
Application
06/11/2022
Main Street Waterloo,
Lincoln Park *5 Day
License*
B Beer
New
Application
06/17/2022
Main Street Waterloo,
Lincoln Park *5 Day
License*
B Beer
New
Application
07/08/2022
Main Street Waterloo,
Lincoln Park *5 Day
License*
B Beer
New
Application
08/12/2022
Main Street Waterloo,
Lincoln Park *5 Day
License*
B Beer
New
Application
09/02/2022
Main Street Waterloo, 300
Jefferson St. *5 Day
License*
B Beer
New
Application
05/25/2022
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or
Re -Appointment
Carole Gustafson
International Property
Maintenance Board
March 15, 2024
New Appointment
4. Motion approving appointment of Pat Treloar as Chief of Fire Services and Kelley Felchle as City
Clerk, pursuant to City of Waterloo Ordinance No. 5641.
5. Motion to approve Change Order No. 3 with Arends Excavating, of Waterloo, Iowa, for a net increase
of $13,827.36, in conjunction with the FY 2021 Leversee Road Lift Station, Contract No. 983, and
authorizing the Mayor and City Clerk to execute said document.
6. Bonds.
Roll call vote -Ayes: Seven. Motion carried.
107323 - Boesen/Grieder
1. Resolution setting date of consultation with affected taxing entities as May 31, 2022, and date of
public hearing as June 20, 2022, in conjunction with approval of Amendment No. 6 to the Martin
Road Urban Renewal and Redevelopment Plan to expand the boundaries, update projects and project
budgets to be included in the Plan, and other general updates to the Plan, and instruct the City Clerk
to publish notice.
May 16, 2022 Page 5
David Dryer, 3145 W. 4th Street, questioned the ultimate goal for this expansion of the TIF in this
area.
Noel Anderson, Community Planning and Development Director, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2022-287
PUBLIC HEARINGS
107324 - Grieder/Amos
that proof of publication of notice of public hearing on FYE 2022 Budget Amendment, as published
in the Waterloo Courier on May 10, 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.
107325 - Grieder/Amos
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
107326 - Grieder/Amos
that "Resolution Budget Amendment for the fiscal year ending June 30, 2022", be adopted. Roll -call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-288
107327 - Amos/Wilder
that proof of publication of notice of public hearing on a request by Mark Moser to rezone 3.68 acres
from "A-1" Agricultural District to "R-1,C-Z" Conditional Zoning District for a contractor business,
located at 4528 Kimball Avenue., as published in the Waterloo Courier on May 10, 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.
107328 - Amos/Wilder
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
107329 - Amos/Wilder
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 request by Mark Moser
to rezone 3.68 acres from "A-1" Agricultural District to "R-1,C-Z" Conditional Zoning District for a
contractor business, located at 4528 Kimball Avenue.", be received, placed on file, considered and
passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
107330 - Amos/Wilder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
107331 - Amos/Wilder
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 request by Mark Moser
May 16, 2022 Page 6
to rezone 3.68 acres from "A-1" Agricultural District to "R-1,C-Z" Conditional Zoning District for a
contractor business, located at 4528 Kimball Avenue.", 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. 5643.
107332 - Nichols/Amos
that proof of publication of notice of public hearing on Sale and conveyance of City property located
west of 3180 West Airline Highway, in the amount of $1.00, to RNK Investments, LLC, with five
years of tax rebates of 50 percent, and approval of a Development and Minimum Assessment
Agreement, in the amount of $822,000.00., as published in the Waterloo Courier on May 10, 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.
107333 - Nichols/Amos
that the hearing be closed and oral and written comments be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
107334 - Nichols/Amos
that "Resolution approving the sale and conveyance of City property located west of 3180 West Airline
Highway, in the amount of $1.00, with five years of tax rebates of 50 percent, to RNK Investments,
LLC, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll -call
vote -Ayes: Seven. Motion carried.
Mr. Chiles questioned if this is farm land.
Noel Anderson, Community Planning and Development Director explained that this is not farmland
and provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2022-289
107335 - Nichols/Amos
that "Resolution approving a Development Agreement and Minimum Assessment Agreement, with
RNK Investments, LLC, in the amount of $822,000.00, in conjunction with the development of a
16,800 square foot building, 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. 2022-290
RESOLUTIONS
107336 - Feuss/Grieder
that "Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-
1-13 Variances, relating to the approval of the Preliminary Plat of Paradise Estates Addition, subject
to the condition that any final plat or final plats for any portion of the approved Preliminary Plat of
Paradise Estates Addition submitted for approval on or prior to May 14, 2024 shall be subject to any
new zoning restrictions or subdivision regulations adopted by the City of Waterloo prior to submittal
of any such Final Plat for any portion of said area.", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-291
107337 - Amos/Grieder
that "Resolution approving policy for recreational fires, and rescinding Resolution No. 2003-230.", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
May 16, 2022 Page 7
Mr. Boesen requested an overview of the item.
Pat Treloar, Fire Chief, explained the resolution.
Resolution adopted and upon approval by Mayor assigned No. 2022-292
107338 - Amos/Grieder
that "Resolution approving a two-year School Resource Officer Agreement with the Waterloo
Community School District, to provide six (6) School Resource Officers in the schools for FY 2023,
in the amount of $308,053.00 and FY 2024 in the amount of $323,455.00, to include funding for
officer training, 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. 2022-293
107339 - Amos/Grieder
that "Resolution approving an Encroachment Agreement with VI2, LLC for a portion of Kimball
Avenue and San Marnan Drive City right-of-way located in the "C-1, C-Z" Conditional Zoning
District east of 1029 Peoples Square, and authorizing the Mayor and City Clerk to execute said
document.", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Feuss asked if we could look at traffic studies again for this development.
Resolution adopted and upon approval by Mayor assigned No. 2022-294
107340 - Feuss/Amos
that "Resolution approving the third amendment to the Development and Minimum Assessment
Agreement with Warren Transport, Inc., originally executed on November 18, 2019, changing the
completion date to March 31, 2023, 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. 2022-295
107341 - Feuss/Amos
that "Resolution approving a Real Estate Purchase Agreement with Deere and Company, and
approving deeds to sell and donate real property to the City of Waterloo, for the acquisition of property
located southeast of 3801 West Ridgeway Avenue, formerly the John Deere Supervisor's Club, at no
cost, and authorizing the Mayor and City Clerk to execute said documents.", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Tom Herzmann, Cedar Valley Soccer Association, thanked the City of Waterloo for their work on this
agreement.
Resolution adopted and upon approval by Mayor assigned No. 2022-296
107342 - Chiles/Amos
that "Resolution approving temporary "No Parking" on the west side of the 200 block of West 4th
Street during the outside and inside construction of the Waterloo Convention Center.", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-297
107343 - Chiles/Amos
that "Resolution approving the Amended Final Plat of Audubon Heights 7th Addition, a replat of
Audubon Heights Fourth Addition, located south of 1747 Thrush Drive, and acknowledging and
consenting to the corrected Final Plat, Certificate of Survey, and Affidavit of Surveyor.", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
May 16, 2022 Page 8
Resolution adopted and upon approval by Mayor assigned No. 2022-298
107344 - Amos/Chiles
that "Resolution approving an Employment Agreement with Dr. Joel Fitzgerald, for the position of
Police Chief, effective April 19, 2022, and authorizing the Mayor and City Clerk to execute said
document.", be adopted. Roll call vote -Ayes: Six. Nays: One (Boesen). Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-299
ORDINANCES
107345 - Grieder/Wilder
that "an ordinance amending the Traffic Code be deleting Section 548A, No Parking - Pick Up and
Drop Off Only, in its entirety, and inserting in lieu thereof of a new Section 548A, No Parking - Pick
Up and Drop Off Only to the Waterloo Traffic Code as follows: (1) 100 Jefferson Street - Pick up and
drop off only, in front of the Hawkeye Community College Building", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
107346 - Grieder/Wilder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
107347 - Grieder/Wilder
that "an ordinance amending the Traffic Code be deleting Section 548A, No Parking - Pick Up and
Drop Off Only, in its entirety, and inserting in lieu thereof of a new Section 548A, No Parking - Pick
Up and Drop Off Only to the Waterloo Traffic Code as follows: (1) 100 Jefferson Street - Pick up and
drop off only, in front of the Hawkeye Community College Building", 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. 5644.
107348 - Nichols/Amos
that "an Ordinance amending Chapter 3, Sewer Regulations, Title 8-3A-2: Determination of Rates and
Charges to increase sewer rates", be considered and passed for the first time. Roll call vote -Ayes:
Seven. Motion carried.
107349 - Nichols/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.
107350 - Nichols/Amos
that "an Ordinance amending Chapter 3, Sewer Regulations, Title 8-3A-2: Determination of Rates and
Charges to increase sewer rates", 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. 5645.
ADJOURNMENT
107351 - Feuss/Grieder
that the Council adjourn at 7:42 p.m. Voice vote -Ayes: Seven. Motion carried.
May 16, 2022 Page 9
Kelley Felchle
Kelley Felchle, City Clerk