HomeMy WebLinkAbout09.06.2022 Regular SessionSeptember 6, 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, September 6, 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: Rob Nichols, At -Large Council Member
100754 - Feuss/Grieder
that the Agenda, as amended, to remove Item No. 3, Public Hearing, for the Regular Session on
Tuesday, September 6, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
100755 - Feuss/Grieder
that the Minutes, as proposed, for the Planning Session on Monday, August 29, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Proclamation declaring September 5-10, 2022 as Focus on Diabetes Awareness Week.
Proclamation declaring the week of September 17-23, 2022 as Constitution Week.
PUBLIC COMMENTS
David Dryer, 3145 W. 4th Street, reminded the public that there is an upcoming special election on
September 13, 2022 on a bond referendum to help fund a fiber optic backbone.
Sam Neil, 514 Kingbard, shared that the city is doing a far better job maintaining grass on the
boulevard in front of his house. On his way downtown, he counted 16 properties between Fletcher
and downtown that have excessively long grass. Further, he pointed out that there are locations
where there is grass growing out of the pavement on Fletcher along Byrnes Park.
David Marsh, 4024 Bryerwood Drive, Cedar Falls, shared that he is the chair for Cedar Valley
Parade of Homes. He announced that the 20th annual celebration is coming up in September.
Todd Obadal, 124 Amity Drive, commented that he was accused at the last meeting of having
shortsighted views about the airport. He shared a story about experiencing turbulence coming into
Waterloo on an airplane in 1994 and that he landed on runway three. He noted that he often takes
people to the Cedar Rapids airport but has never been asked to go to the Waterloo Airport.
Mr. Grieder shared that they will be having the last summer series conversation on community
violence on Monday, September 12th at 5:30 p.m. at the Jubilee Freedom Center. He also shared that
he will be having a Ward meeting at the Waterloo Public Library on Thursday, September 22nd at
5:30 p.m., all are welcome.
Mayor Hart commented that with the end of the summer series, the transition would be to focus on
solutions and opportunities. He also acknowledged the dedication of city staff to be incredible
stewards over the tax dollars and stated the recent re -audit justified that the taxpayer's hard-earned
dollars are being used properly.
Mr. Chiles questioned where the city is at on the one-way street to two-way street of downtown.
Jamie Knutson, City Engineer, shared that AECOM is finishing up the study and will schedule a
work session with council to deliver the results.
Mr. Chiles commented on the free concerts in the City of Waterloo organized by Rich Frevert who
has recently retired as Executive Director of the Waterloo -Cedar Falls Symphony and thanked him
for all he is doing to keep the symphony as a community based organization.
Ms. Wilder shared that September 25th is the Ward 3 community meeting at the Public Library.
100756 - Feuss/Wilder
September 6, 2022 Page 2
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
100757 - Feuss/Wilder
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, September 6, 2022 in
the amount of $1,736,096.34, be received, 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. 2022-552.
2. Resolution approving Variance to Noise Ordinance request from Queen of Peace Parish, in
conjunction with the Fall Festival, to be held on September 11, 2022 from 12:00 p.m. to 4:00
p.m., on the east side of 3rd Street between Mulberry and Lafayette, including live music and
the use of a PA System.
Resolution adopted and upon approval by Mayor assigned No. 2022-553.
3. Resolution approving Variance to Noise Ordinance request from Keri McMahon on behalf of
Heartland Business Systems, LLC, in conjunction with the HBS Iowa League of Cities
Reception, to be held on September 28, 2022 from 8:00 p.m. to 12:00 a.m., at GR Kitchen &
Taps, 205 W. 4th Street, including live music and the use of a PA System.
Resolution adopted and upon approval by Mayor assigned No. 2022-554.
4. Resolution approving request of Rhonda Westin for a waiver for a concrete driveway, located
at 1710 E. Mitchell Avenue, with the elimination of the sidewalk section due to inability to
meet grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2022-555.
5. Resolution approving the request of Mandi Perry, for tax exemptions on the construction of a
new single family home valued at $600,000.00, for property located at 4184 Logan Avenue,
and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2022-556.
6. Resolution approving the request of Jill and Timothy Faucher, for tax exemptions on the
construction of a new single family home valued at $507,262.00, for property located at 106
Goldcrest Court, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2022-557.
7. Resolution approving Acceptance of Improvements of all sanitary sewer improvements as
part of the Clark Street Utility Extension, submitted by VJ Engineering, of Cedar Falls, Iowa,
and performed by Jesup Land Improvement, Inc., of Jesup, Iowa, and receive and file a two-
year maintenance bond.
Resolution adopted and upon approval by Mayor assigned No. 2022-558.
8. Resolution approving Completion of Project and Acceptance of Work for work performed by
Municipal Pipe and Tool Co., LLC, of Hudson, Iowa, and release of retainage in the amount
of $49,818.05 SRF and $7,879.19 Non-SRF for a total of $57,698.14, in conjunction with the
FY 2021 CIP Pipelining Phase IVA2, Contract No. 1043, and receive and file a two year
maintenance bond.
September 6, 2022 Page 3
Resolution adopted and upon approval by Mayor assigned No. 2022-559.
9. Resolution approving installation of a 25 MPH speed hump in the 500 block of Milwaukee
Avenue.
Resolution adopted and upon approval by Mayor assigned No. 2022-560.
10. Resolution approving a Veteran's Way Designated Funds Agreement, with the Waterloo
Community Foundation, to establish and maintain a charitable fund for the Foundation, to
support the City of Waterloo Veteran's Way Project, and authorizing the Mayor to execute
said document.
Resolution adopted and upon approval by Mayor assigned No. 2022-561.
11. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as September 29, 2022, and date of public hearing as October 3, 2022, in
conjunction with the Waterloo Regional Airport Hangar 4 Improvement Project, Iowa DOT
CSVI Project No. 9-I-220-ALO-200, Contract No. 3345, and instruct the City Clerk to
publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-562.
12. Resolution setting date of public hearing as October 3, 2022 to approve an amendment to the
Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects
and project budgets to be included in the Plan, and other general updates to the Plan, and
setting date of consultation with taxing entities as September 19, 2022, and instruct the City
Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-563
13. Resolution setting date of public hearing as September 19, 2022, to approve the request by by
the City of Waterloo to rezone approximately 5.0 acres, located east of 2135 Commercial
Street, from "A-1" Agricultural District and "M-1" Light Industrial District to "M-1" Light
Industrial District, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-564.
14. Resolution approving renewal of a Crime and Fidelity insurance policy with Travelers
Insurance, effective September 15, 2022, with a total premium of $3,741.00.
Resolution adopted and upon approval by Mayor assigned No. 2022-565.
15. Resolution approving the emergency purchase of EV0600 Tank Monitor software, remote,
sensor, modules, etc., in the amount of $26,246.65, from Dick's Petroleum of Tripoli, Iowa,
for the City's fuel site that is inoperable because of a lightning strike.
Resolution adopted and upon approval by Mayor assigned No. 2022-566.
16. Resolution approving a signed proposal from Lumenpulse, in the amount of $118,682.00, in
conjunction with the Expo Plaza Tower Repairs.
Resolution adopted and upon approval by Mayor assigned No. 2022-567.
b. Motion to approve the following:
1. Travel Requests:
a. Michelle Boesen, Property Technician Class/Meeting: International Association for Property
and Evidence Training Class. Destination: Inver Grove Heights, MN Dates: September 19-21,
2022 Amount not to exceed: $841.00
September 6, 2022 Page 4
b. T. Troyer, A. Bainbridge, Waste Management Operator Class/Meeting: IAWEA 2022
Operators/Pretreatment Conference Destination: Newton, IA Dates: September 7-8, 2022
Amount not to exceed: $692.00
c. Ayanna Gregory & Free Benjamin, Human Rights Speakers Class/Meeting: Daughter of the
Struggle Destination: Waterloo, IA Dates: September 10, 2022 Amount not to exceed:
$1,520.00
d. *AMENDED* Pat Treloar, Fire Chief Class/Meeting: International Association of Fire Chiefs
(IAFC) - Fire Rescue International Conference and Expo Destination: San Antonio, Texas
Dates: August 23-27, 2022 Amount not to exceed: $2,798.04
2. Liquor Licenses:
a. Bamboo Ridge Campground, 4550 Hess Road. Class: B Wine / C Beer Renewal Application
Includes Sunday Expiration Date: 9/14/2023
b. Tobacco Outlet Plus #500, 1803 LaPorte Road. Class: C/Beer Renewal Application Includes
Sunday Expiration Date: 10/14/2023
c. Brenda's Park Road Inn, 306 Park Road. Class: C/Liquor Renewal Application Includes
Sunday Expiration Date: 8/8/2023
d. Casey's General Store #2879, 3260 University Avenue. Class: B Wine/CBeer/E Liquor
Renewal Application Includes Sunday Expiration Date: 9/30/2023
e. Casey's General Store #2880, 1604 LaPorte Road. Class: B Wine/CBeer/E Liquor Renewal
Application Includes Sunday Expiration Date: 9/30/2023
f. Fairfield Inn & Suites, 2134 LaPorte Road. Class: B Wine /C Beer Renewal Application
Includes Sunday Expiration Date: 9/30/2023
g. Hy-Vee Gas #3, 1512 Flammang Drive. Class: C/Beer Renewal Application Includes Sunday
Expiration Date: 8/26/2023
h. K-Zar, 1761 Independence Avenue Class: B Wine / C Beer / E Liquor Renewal Application
Includes Sunday Expiration Date: 10/13/2023
i. Kwik Stop 3, 1104 Washington Street. Class: B Wine/CBeer/E Liquor Renewal Application
Includes Sunday Expiration Date: 7/14/2023
j. Longhorn Steakhouse #5374, 1425 E. San Marnan Drive. Class: C/Liquor Renewal
Application Includes Sunday Expiration Date: 8/31/2023
k. Petersen & Tietz Florists & Greenhouses, Inc., 2275 Independence Avenue Class: B Native
Wine Renewal Application Includes Sunday Expiration Date: 10/8/2023
1. Queen of Peace Church, 320 Mulberry Street. Class: C Beer w/Outdoor Service New
Application Includes Sunday Expiration Date: 9/15/2022
3. Mayor Hart's recommendation of the following appointments:
a. Donna Huff Board/Commission: Cultural and Arts Commission Expiration Date: September 3,
2025 Re -Appointment
4. Motion approving Change Order No. 2 from Municipal Pipe and Tool Co., LLC, of Hudson, Iowa,
in the amount of $3,223.96 SRF and $224.61 Non-SRF, for a net increase of $3,448.57, in
conjunction with the FY 2021 CIP Pipelining Phase IVA2, Contract No. 1043, and authorizing the
Mayor to execute said document.
5. Motion approving Change Order No. 3 with Brock Even Construction, LLC, of Jesup, Iowa, for a
net increase of $30,336.00, in conjunction with the FY 2022 Sidewalk Repair Program - Zone 2,
Contract No. 1061, and authorizing the Mayor and City Clerk to execute said document.
September 6, 2022 Page 5
6. Motion to approve Change Order No. 5 with Vieth Construction Corporation of Cedar Falls, Iowa,
for a net increase of $2,091.71, in conjunction with the Five Sullivan Brothers Plaza Renovation
Project, and authorizing the Mayor to execute said document.
7. Motion to receive and place on file the 2021 Operating Report of the Waterloo Water Works.
8. Motion to receive and place on file the 2021 Audit of the Waterloo Water Works.
9. Motion approving a fireworks display application of Mike Barrett, for the Iowa League of Cities
Annual Conference and Exhibit event on September 29, 2022, with the display occurring at 9:30
p.m. on the 5th Street Bridge.
10. Recommendation of appointment of Bridgett Wood to the position of Finance Manager in the
Finance Department, effective September 7, 2022, and cancelling appointment to the position of
Public Works Coordinator in the Public Works Division, approved by council on August 1, 2022.
11. Bonds.
Roll call vote -Ayes: Seven. Motion carried. Dave Boesen abstained on item 1.B.1.A
PUBLIC HEARINGS
100758 - Grieder/Amos
that proof of publication of notice of public hearing on FY 2023 Sidewalk Repair Assessment
Program - Zone 2, Contract No. 1064, as published in the Waterloo Courier on August 18 and 25,
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.
James Hart, 440 Vermont, shared that he was fired from his job after 21 years. He shared that he has
had financial difficulties in the last year and a half and would like to discuss how the sidewalks were
not repaired properly the first time.
Reggie Nyman, 118 Reber, shared that he was there on his mother's behalf. He shared that his
mother does not have a lot of money but that she is required to pay this bill. He shared that it does
not make any sense because the sidewalk is in good condition.
Chris Schmitz, 800 W. 4th Street, commented that he bought the historic Weis Mansion and he
wanted to know if he could do the sidewalk work himself.
Jim Schneider, representing K&I Properties for the Mullen Townhomes. He shared that they
purchased a property on March 31, 2022 and is asking for an extension to make the repairs, as he
believes the letter was sent to the prior owners.
Myke Goings, 1203 W. 2nd Street, thanked Jamie Knutson for helping him with an issue he had. He
added that some of the panels were marked on August 29th, which is after the deadline to repair, and
he is likely not the only one this happened to. This being the case, a homeowner would not have
been able to complete this in time. He questioned the ordinance used to enforce the inspection, as he
was unable to locate it online.
Jamie Knutson, City Engineer, explained where to find ordinances that have been adopted but not
yet codified.
100759 - Grieder/Feuss
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
100760 - Grieder/Amos
September 6, 2022 Page 6
that "Resolution adopting Proposed Resolution of Necessity, as proposed or amended", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-568.
100761 - Grieder/Amos
that "Resolution approving proposed construction of sidewalk improvements", be adopted. Roll -call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-569.
100762 - Grieder/Amos
that "Resolution to fix value of lots", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-570.
100763 - Grieder/Amos
That "Resolution to adopt proposed plat and schedule of assessments and estimate of costs", be
adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-571.
100764 - Feuss/Chiles
that proof of publication of notice of public hearing on FY 2023 Sidewalk Repair Assessment
Program - Zone 2, Contract No. 1064, as published in the Waterloo Courier on August 22, 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.
100765 - Feuss/Wilder
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
No bids were received.
that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing
to proceed", be adopted. Roll call vote Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022
Motion to receive and file and instruct City Clerk to read bids.
Bid Security
Bid Amount
No bids received
Voice vote Ayes:
. Motion carried.
that "Resolution approving award of bid to of , Iowa, in the amount of $
approving the contract, bond and certificate of insurance, in conjunction with the FY 2023 Sidewalk
Repair Assessment Program Zone 2, Contract No. 1064, and authorizing the Mayor and City Clerk
to execute said document", be adopted. Roll call vote Ayes: . Motion carried.
September 6, 2022 Page 7
Resolution adopted and upon approval by Mayor assigned No. 2022
100766 - Grieder/Wilder
that proof of publication of notice of public hearing on Not to Exceed $500,000.00 Sewer Revenue
Capital Loan Notes (State of Iowa Revolving Loan Fund Sponsored Project Amendment), as published
in the Waterloo Courier on August 19, 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.
100767 - Grieder/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
100768 - Grieder/Amos
that "Resolution instituting proceedings to take additional action for the issuance of not to exceed
$500,000.00 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Loan Fund Sponsored
Project Amendment)", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-572.
RESOLUTIONS
100769 - Nichols/Wilder
that "Resolution approving an Encroachment Agreement with Hawkeye Community College to allow
for a portion of a detention facility to extend ten (10) feet into the city -owned right-of-way of Allen
Street, in the "R-1, R-P" Planned Residence District located east of 1202 West 7th Street, and
authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Mr. Boesen questioned how access will be gained to Lot 7 as it appears to be blocked.
Noel Anderson, Community Planning and Development Director explained that it will have an access
easement.
Resolution adopted and upon approval by Mayor assigned No. 2022-573.
100770 - Nichols/Wilder
that "Resolution approving a request by the City of Waterloo for the Preliminary Plat of Waterloo Air
and Rail Park 3rd Addition, a replat of Tract B of Waterloo Air and Rail Park 1st Addition, in the "M-
2,P" Planned Industrial District located north and east of 2510 Leversee Road", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-574.
100771 - Nichols/Wilder
that "Resolution approving a Temporary Construction Easement Agreement with Midwest Pattern
Company, in the amount of $1,826.91, in conjunction with the reconstruction of the 1 lth Street Bridge,
located at 84 West 11th Street, 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 the timing of this project and how will the public cross
the river with multiple bridge closings.
Jamie Knutson, City Engineer provided an update.
September 6, 2022 Page 8
Resolution adopted and upon approval by Mayor assigned No. 2022-575.
100772 - Amos/Grieder
that "Resolution approving the Termination of a Development Agreement with Goldfinch S&M
Properties, LLC, for rehabilitation of 1804 E. 4th Street, originally approved by Council on April 27,
2020 and recorded July 16, 2020 as Doc. No. 2021-1068, and later amended by an Agreement dated
September 28, 2020, and recorded December 17, 2020 as Doc. No. 2021- 12972, for failure to
complete the project per the time line provided for in the development agreement", be adopted. Roll
call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-576.
100773 - Amos/Grieder
that "Resolution approving a Special Warranty Deed for reverter of title on behalf of the City of
Waterloo as attorney -in -fact for Goldfinch S&M Properties, LLC, pursuant to a Development
Agreement between said entity and the City of Waterloo for the rehabilitation of 1332 Walker Street,
originally approved by Council on April 27, 2020 and recorded July 16, 2020 as Doc. No. 2021-1069,
and later amended by an Agreement dated September 28, 2020, and recorded December 17, 2020 as
Doc. No. 2021-12970, 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 if certain developers are getting special favors. He
pointed to this contract being terminated while another developer has been given numerous extensions,
as evidence for his argument.
Mayor Hart explained there are differences in the development agreements.
Mr. Amos commented that he recalls seeing the original plans for the house. He questioned if the
person was required to provide money to the city up front and that they would not get it back if they
did not complete the work.
Noel Anderson, Community Planning and Development Director, confirmed that Mr. Amos was
correct.
Resolution adopted and upon approval by Mayor assigned No. 2022-577.
100774 - Amos/Grieder
that "Resolution approving a Sourcewell Customer Service Agreement with UniFirst for laundered
uniforms, safety mats, shop and cabinet towels, etc., for the Public Works and Waste Management
Facilities, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Mr. Boesen requested an overview of the decision to switch away from Aramark and go with UniFirst.
Randy Bennett, Public Works Division Manager, provided background information on the relationship
with Aramark and noted there will be significant savings by changing companies.
Resolution adopted and upon approval by Mayor assigned No. 2022-578.
100775 - Grieder/Chiles
that "Resolution approving a Professional Services Agreement with Willett, Hofmann and Associates,
Inc., of Cedar Rapids, Iowa, in an amount not to exceed $86,550.00, in conjunction with the FY 2022
North Crossing Area Study, Contract No. 1050, 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. 2022-579.
100776 - Grieder/Chiles
September 6, 2022 Page 9
that "Resolution approving contract, bonds and certificate of insurance with Clean Infusion LLC, of
King of Prussia, Pennsylvania, in the amount of $538,800.00 in conjunction with the FY 2023
Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation Project, Contract No. 1067, 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. 2022-580.
100777 - Grieder/Chiles
that "Resolution approving an Amendment to the Professional Services Agreement with I & S Group,
Inc., of Waterloo, Iowa, in an amount not to exceed $10,160.00, to provide additional services in
conjunction with the FY 2022 Sullivan Brothers Plaza Renovation, Contract 1069, 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. 2022-581.
ADJOURNMENT
100778 - Feuss/Grieder
that the Council adjourn at 6:36 p.m. Voice vote -Ayes: Seven. Motion carried.
2�CCey Telckk
Kelley Felchle
City Clerk