HomeMy WebLinkAbout07.05.2022 Regular Session MinutesJuly 5, 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, July 5, 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: Dave Boesen, At -Large Council Member
107541 - Feuss/Chiles
that the Agenda, as proposed, for the Regular Session on Tuesday, July 5, 2022, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
107542 - Feuss/Chiles
that the Minutes, as proposed, for the Regular Session on Monday, June 20, 2022, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Proclamation declaring July 9, 2022 as Latino Heritage Day.
Proclamation declaring July 11, 2022 as 1-133D Infantry Regiment — Ironman Battalion Day.
Swearing in of new Police Officer recruits video is available on the City website homepage.
PUBLIC COMMENTS
Mr. Boesen requested an update regarding weekend fireworks citations/complaints. Chief Fitzgerald
reported one firework citation was issued compared to 31 last year and there were 276 complaints
filed compared to 376 last year.
Mr. Boesen requested the council review the fireworks ordinance to adjust the dates accordingly
each year as the 4th sometimes falls on weekdays and is disruptive for citizens returning to work.
Mr. Grieder advised the council and public that he held a community meeting and that he would be
scheduling another meeting for a future date once he determined a location.
Mayor Hart thanked the city and community volunteers that helped with the fireworks and Main
Street events over the holiday.
Mr. Chiles questioned when the Katowski/Greenhill trail would be opened.
Jamie Knutson, City Engineer, advised the council that as repairs are continuing, this part of the trail
would not be open for another 4-6 weeks.
Mr. Chiles asked in consideration of the new state ATV regulations that the council review golf cart
use within the Audubon park housing development.
Mayor Hart suggested Mr. Chiles request a council work session to review the ATV and golf cart
regulations.
107543 - Feuss/Chiles
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
107544 - Feuss/Chiles
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
July 5, 2022 Page 2
1. Resolution approving Finance Committee Invoice Summary Report, dated June 27, 2022, in
the amount of $2,155,827.78 and July 5, 2022, in the amount of $5,345,727.26, 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. 2022-416.
2. Resolution approving a Variance to Noise Ordinance request from Purvis Williams, in
conjunction with the Summer Soul Classic Parade, to be held on July 9, 2022 from 8:00 a.m.
to Noon, at Gates Park parking lot and Lester Street.
Resolution adopted and upon approval by Mayor assigned No. 2022-417.
3. Resolution approving a Variance to Noise Ordinance request from Mary Williams on behalf
of Coloff Media, in conjunction with the Corn Country Fest to be held on July 9, 2022 from
3:45 p.m. to 11:15 p.m., at the National Cattle Congress Grounds, 250 Ansborough Avenue.
Resolution adopted and upon approval by Mayor assigned No. 2022-418.
4. Resolution approving Variance to Noise Ordinance request from Felicia Smith Nalls, in
conjunction with the North End Arts and Music Festival, to be held on July 9, 2022 from
10:00 a.m. to 6:00 p.m., at Ferguson Fields Park, including the use of a PA system, DJ and
live bands.
Resolution adopted and upon approval by Mayor assigned No. 2022-419.
5. Resolution approving cancellation of special assessments for properties listed on Exhibit A,
and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2022-420.
6. Resolution approving the request of Steven Newell, for tax exemptions on the construction of
a new single family home valued at $578,873.00, for property located at 1435 Partridge
Lane, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2022-421.
7. Resolution approving the request of Zach Buth, for tax exemptions on the construction of a
new single family home valued at $387,253.00, for property located at 1530 Partridge Lane,
and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2022-422.
8. Resolution approving the request by 3 Stooges, LLC, for tax exemptions on a new warehouse
building valued at $1,100,000.00, for property located at 1325 David Street, and located in
the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2022-423.
9. Resolution approving a McElroy Trust Grant Agreement, for a grant award in the amount of
$1 million, in conjunction with the Transforming Gates and Byrnes Parks Project, and
authorizing the Leisure Services Director to execute said document
Resolution adopted and upon approval by Mayor assigned No. 2022-424.
10. Resolution approving submission of the Iowa Grade Crossing Surface Repair Fund
application, along with Iowa Northern Railway Co., to the Iowa Department of
Transportation, in conjunction with the Jefferson Street Railroad Crossing Surface Repair
Project, with the City's share being the cost of traffic control and twenty -percent of the
construction cost, and authorizing the Mayor to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2022-425.
July 5, 2022 Page 3
1.
11. Resolution approving submission of the Iowa Grade Crossing Surface Repair Fund
application, along with Iowa Northern Railway Co., to the Iowa Department of
Transportation, in conjunction with the Mulberry Street Railroad Crossing Surface Repair
Project, with the City's share being the cost of traffic control and twenty -percent of the
construction cost, and authorizing the Mayor to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2022-426.
12. Resolution approving submission of the Iowa Grade Crossing Surface Repair Fund
application, along with Iowa Northern Railway Co., to the Iowa Department of
Transportation, in conjunction with the 1 lth Street Railroad Crossing Surface Repair Project,
with the City's share being the cost of traffic control and twenty -percent of the construction
cost, and authorizing the Mayor to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2022-427.
13. Resolution approving workers compensation insurance with Safety National Casualty
Corporation and Third Party Administrator services with EMC Risk Services, LLC, for a
total premium of $234,600, together with the recommendation of approval of the Insurance
Committee.
Resolution adopted and upon approval by Mayor assigned No. 2022-428.
14. Resolution setting date of public hearing as July 18, 2022, to approve the request by A -Line
EDS Inc., and the City of Waterloo, to rezone approximately 2.58 acres from "C-1"
Commercial District to "C-1, C-Z" Conditional Zoning District, to construct a 24,000 square
foot warehouse and truck maintenance facility located south of 722 Dearborn Avenue, and
instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-429.
15. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as July 21, 2022 and date of public hearing as August 1, 2022, in conjunction
with the FY 2023 Sergeant Road Trail Bridges No. 2 and No. 3 Replacement, Contract No.
1070, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-430.
16. Resolution approving specifications and bid document, setting date of bid opening as July 14,
2022 and the date of public hearing as July 18, 2022 in conjunction with the FY 2023
Asphalt Emulsions for the City's Seal Coating Program, and instruct the City Clerk to publish
notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-431.
17. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedure to
approve the roof replacement on the administrative section of the Public Works Facility, in
the amount of $114,905.70, from Cedar River Construction LLC of Waverly, Iowa.
Resolution adopted and upon approval by Mayor assigned No. 2022-432.
b. Motion to approve the following:
a.
b.
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Brian Wirts,
Combination
Inspector
International Code Council
2021 B-1 Residential
Building Inspector Exam
Online Class
TBA
$241.00
Noel Anderson,
Com Planning
2022 Brownfield
Conference
Oklahoma
City, OK
08/16-19/22
$1,985.00
Dev. Director
July 5, 2022
Page 4
2.
c.
d.
e.
f.
a.
b.
c.
d.
e.
B.Tyler, R.
Kajtezovic and E.
Reeves, Police
Officers
Iowa Law Enforcement
Academy ILEA
Waterloo,
IA
08/15/22 -
10/21/2022
$16,500.00
S. Odobasic,
Police Officer
Iowa Law Enforcement
Academy ILEA
Johnston, IA
08/29/22-
12/16/22
$10,250.00
Hageman and
Watson, Police
Lab Investigators
International Association
for Identification
Conference for Forensic
and Crime Scene
Professionals
Omaha, NE
07/31/22-
08/05/22
$4,001.00
Monroe, Police
Sergeant and
Roberts, Police
Officer
Brinc Drone Training
Las Vegas,
NV
07/19/22 -
07/21/22
$2,956.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
The American Legion, 728
Commercial Street
C Liquor w/Outdoor
Service
Renewal
06/14/2023
Sunday
Kwik Star #715, 1636 W. 4th
Street
C Beer
Renewal
07/29/2023
Sunday
Target, 1501 E. San Marnan
Drive
B Wine / C Beer / E
Liquor
Renewal
06/27/2023
Sunday
Una Bar & Restaurant, 910
W. 5th Street
C Liquor
Renewal
06/30/2023
Sunday
Walgreen's #7455, 111 W.
Ridgeway Avenue
B Wine / C Beer / E
Liquor
Renewal
06/16/2023
Sunday
3. Motion approving Change Order No. 2 with Vieth Construction Corporation of Cedar Falls, Iowa, for
no increase to the project total, in conjunction with the Five Sullivan Brothers Plaza Renovation
Project, and authorizing the Mayor to execute said document.
Roll call vote -Ayes: Seven. Motion carried.
4. Bonds.
PUBLIC HEARINGS
107545 - Grieder/Amos
that proof of publication of notice of public hearing on the request by Union Development
Holdings, LLC, for a Site Plan Amendment to construct a 180-unit affordable housing development
in the "R-4,R-P" Planned Multiple Residence District located northwest of 4039 Homer Street, as
published in the Waterloo Courier on June 24, 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.
107546 - Grieder/Amos
that the hearing be closed and approval of the Planning, Programming and Zoning Commission be
placed on file. Voice vote -Ayes: Seven. Motion carried.
107547 - Grieder/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 Site Plan Amendment
to construct a 180-unit affordable housing development in the "R-4,R-P" Planned Multiple Residence
July 5, 2022 Page 5
District located northwest of 4039 Homer Street", be received, placed on file, considered and passed
for the first time. Roll call vote -Ayes: Seven. Motion carried.
Margaret Blum, Senior Director of Development, updated the council regarding updates for the up
dated site plan with the Planning, Programing and Zoning Commission.
Mr. Boesen question requirements for the number of parking spaces.
Ms. Blum responded they plans are for 282 parking spaces, 56 of those being carport spaces.
Noel Anderson, Community Planning and Development Director, explained the Zoning ordinance
requires two spaces per unit, but that the council has the flexibility to alter that number with larger
projects and that Planning and Zoning has reviewed the plans and agrees with this number of spaces.
Ms. Wilder thanked Ms. Blum for adding the carports in the design. Roll call vote -Ayes: Seven.
Motion carried.
107548 - Grieder/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.
107549 - Grieder/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 Site Plan Amendment
to construct a 180-unit affordable housing development in the "R-4,R-P" Planned Multiple Residence
District located northwest of 4039 Homer 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. 5652.
Mr. Feuss announced the Public Hearing in conjunction with the FY 2023 Asphalt Emulsions for the
City of Waterloo's Seal Coating Program was cancelled as no bids were received.
107550 - Nichols/Amos
that proof of publication of notice of public hearing regarding the Business Property Lease with
Crystal Distribution Services, Inc., for the use of property located at 1442, 1508 and 1620 Sycamore
Street, in the amount of $1.00 per year for five (5) years, as published in the Waterloo Courier on
June 24, 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.
107551 - Nichols/Amos
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
107552 - Nichols/Amos
that "Resolution approving a Business Property Lease with Crystal Distribution, in the amount of
$1.00 per year for five (5) years, for the use of property located at 1442, 1508 and 1620 Sycamore
Street, with a term ending June 30, 2027, and authorizing the Mayor and City Clerk to execute said
document", be adopted.
Mr. Boesen asked to clarify his reasoning for voting in that he does not object to the project itself but
objects to the $2.9 million being paid for the building, borrowing money to make the bond payments
as the Rath TIF district does not support that payment, leasing the building for five years for $1.00 per
year, just to pay to tear the building down, ultimately spending 4-5 million on the lot. Roll -call vote -
Ayes: Six. Nays: Boesen. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-433
RESOLUTIONS
July 5, 2022 Page 6
107553 - Amos/Chiles
that "Resolution approving ten (10) FY2023 Quarter 1 and Quarter 2 Hotel -Motel Event Grant
requests, in a total amount of $79,000, as recommended by the Convention and Visitors Bureau
Board", be adopted.
Mr. Boesen questioned when the grant request was submitted to Council as it is dated May 2, 2022.
Tavis Hall, Executive Director of Experience Waterloo, explained he had mistakenly not sent the e-
mail to submit the request to council. Hall further explained the Board is aware of the delay, although
they approved the funds it is not final until council approval. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-434
107554 - Amos/Chiles
that "Resolution approving six (6) FY2023 Hotel -Motel Partner Grant Requests, in a total amount of
$82,000, as recommended by the Convention and Visitors Bureau Board", be adopted. Roll call vote -
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-435
107555 - Amos/Chiles
that "Resolution approving the Economic Development Assistance Contract with Hydrite Chemical
Co., and the Iowa Economic Development Authority, for an award of total incentives of
$1,521,000.00, 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. 2022-436
107556 - Grieder/Feuss
that "Resolution approving the Real Estate Purchase Agreement with Black Hawk Machinery Sales,
Inc., for the acquisition of the former Alstadt Langlas building and properties, generally located at 54
Lane Street, in the amount of $65,000.00 plus up to $5,000.00 in closing costs, and authorizing the
Mayor and City Clerk to execute said document", be adopted.
Mr. Amos commented he is happy to see something being done with the building and moving forward
to improve the area.
Mr. Boesen commented he was not originally in favor of the purchase of this building as the Rath TIF
does not support the purchase, however, after attending a meeting with Noel and the developers, he
feels the project is well work the investment. Mr. Boesen is concerned with the environmental clean-
up issues but feels the contract allows the city and "out" if the cost is too prohibitive abatement/demo.
Mayor Hart questioned if the project would qualify for Brownfield funds.
Noel Anderson explained they would start the project using EPA Assessment grant funds for Phase I
and Phase II would be drilling and locating underground tanks and determining test results.
Mayor Hart commented the project has its challenges, but in the long run protecting the residents in
the area and taking responsibility or holding the managers of the site responsible for clean-up is the
goal. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-437
107557 - Grieder/Feuss
that "Resolution approving Condemnation Settlement with the Roger T. Kalsem Revocable Trust, in
the amount of $38,381.00 with up to $4,000.00 in closing costs, in conjunction with the FY 2023
July 5, 2022
Page 7
Hammond Avenue Bridge Replacement Over Sink Creek, Contract No. 922", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-438
OTHER COUNCIL BUSINESS
107558 - Feuss/Chiles
that "Resolution approving a signed proposal from D & G Metal Works, Inc., in the amount of
$35,800.00, in conjunction with the FY 2022 4th Street Bridge and Dam Lighting Project, Contract
No. 1054", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-439
ADJOURNMENT
107559 - Feuss/Wilder
that the Council adjourn at 6:05 p.m. Voice vote -Ayes: Seven. Motion carried.
LeAnn M. Even, CMC, IaCMC
Deputy City Clerk