HomeMy WebLinkAbout09.19.22_Regular_Session_MinutesSeptember 19, 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, September 19, 2022. Mayor Quentin Hart in the Chair. Roll Call:
Boesen, Nichols, Amos, Chiles, Grieder, and Wilder joined the meeting. Absent: Mr. Feuss
Prayer or Moment of Silence.
Pledge of Allegiance: John Chiles, Ward 1 Council Member
100789 - Grieder/Wilder
that the Agenda, as proposed, for the Regular Session on Monday, September 19, 2022, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Six. Motion carried.
100790 - Grieder/Wilder
that the Minutes, as proposed, for the Regular Session on Tuesday, September 6, 2022, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Six. Motion carried.
Proclamation declaring September 2022 as Hunger Action Month.
Proclamation declaring September 21-27, 2022 as Water and Wastewater Workers Week.
Proclamation declaring September 26-30, 2022 as National Clean Energy Week.
Proclamation declaring the week of October 3-8, 2022 as Earth Science Week.
PUBLIC COMMENTS
Beverly Cosby, 315 Wendell Court, shared that she believes the council has put forth a rendition of
an idea that they believe would be good for Gates Park. She shared that the community does not
support the plan. She questioned if the plan was sent to churches and community organizations. She
shared that people are upset about being bussed or shuttled to a different part of town. She stated
that the neighborhood wants a pool up to quality and this issue is not dead.
Priscilla Cunningham (no address provided) shared that she was unlawfully and illegally evicted
from her apartment simply because the landlord did not want to do repairs. She shared that her
eviction went through several levels of court. She explained that she should not have been evicted
from her apartment after living there for eleven years. She added that she feels the city, county, and
state are supporting poor landlords when they should hold them accountable.
Leon Begay, 204 Baltimore Street, shared that she wanted to support Ms. Cunningham's situation.
He shared that he believes that there are certain landlords in the city that are not good and the policy
that the city adopted, particularly concerning rent abatement, needs to be followed. He shared that
there is a paternalistic attitude about how the city handles things with people in the city. He asked
that any other future task force on this issue have tenants at the table to provide input.
David Dryer, 3145 W. 4th Street, commented on two Pre -Authorizations on the Finance Committee.
He asked that items 1.A.2 and 1.A.3 be removed from the consent agenda.
Belinda Creighton Smith, 416 Oliver Street, commented that she wanted to express concern about
the proposal to remove the pool at Gates Park. She asked that the proposal be seriously
reconsidered. Nobody knew at the churches or the hospital where she works.
Mr. Grieder commented that he hopes to continue the conversations on housing. He stated that the
Waterloo Safe Neighborhoods Commission will hold its first meeting via Zoom next Tuesday. This
is a commission that was started to address gun violence in our community. He also stated that he
would be having a constituent forum on Thursday from 5:30 p.m. to 6:30 p.m. at the Waterloo
Library.
Mr. Boesen requested that when signatures are required on agreements or any document, he would
like to see the name of the individual printed or typed underneath the signature line.
Ms. Wilder commented that her Ward 3 meeting would be held on Sunday, September 25th at the
Public Library from 4:00 p.m. to 5:00 p.m.
Mayor Hart commented that September 28th through the 30th is the Iowa League of Cities
Conference and there will be guests, including elected officials, attending from throughout the state.
September 19, 2022 Page 2
We are in need of about six volunteers to help as ambassadors. It is anticipated that over 500 people
will be visiting the area during the conference and it is a great opportunity to showcase all of the
amazing things we have downtown. He also mentioned that on Saturday the 24th, there will be a
downtown clean-up and there is need for volunteers. Information can be found on the Main Street
Waterloo website.
100791 - Grieder/Wilder
that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
CONSENT AGENDA
100792 - Amos/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 September 12,
2022, in the amount of $2,789,695.35 and September 19, 2022, in the amount $3,693,848.93,
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. 2022-582.
2. Resolution approving submission of grant application for an Iowa Clean Air Attainment
Grant in the amount of $910,000.00, to install a Traffic Adaptive Signal Control System on
Ansborough Avenue from Fitzway Drive to Downing Avenue, and committing to
maintaining the improvements for the life of the project.
Resolution adopted and upon approval by Mayor assigned No. 2022
3. Resolution approving submission of a grant application for an Iowa Clean Air Attainment
Grant in the amount of $1,100,000.00, to install a Traffic Adaptive Signal Control System on
Broadway Street from the Franklin Mullan intcrsection to Hwy. the 218 ramps (at Airport
Boulevard), and committing to maintaining the improvements for the life of the project.
Resolution adopted and upon approval by Mayor assigned No. 2022
4. Resolution approving acceptance of a 2020 GTSB Highway Safety Grant in the amount of
$59,500.00, for traffic safety enforcement.
Resolution adopted and upon approval by Mayor assigned No. 2022-583.
5. Resolution approving a Department of Commerce NTIA Middle Mile Grant application, in
an amount not to exceed $15,000,000.00 with City match, in conjunction with the citywide
broadband initiative, and authorizing the Mayor to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2022-584.
6. Resolution approving request of Merlene Freet, for a waiver for an asphalt driveway, located
at 620 Milwaukee Avenue, 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. 2022-585.
7. Resolution approving Variance to Noise Ordinance request from Mark Mahler, in
conjunction with the Livingston Lane Dress Rehearsal, to be held on October 9, 2022 from
4:00 p.m. to 8:00 p.m., at the Hope Martin Park Shelter, including live music.
Resolution adopted and upon approval by Mayor assigned No. 2022-586.
September 19, 2022 Page 3
1.
2.
8. Resolution approving Variance to Noise Ordinance request from Marshall Frazier, in
conjunction with the Welcome to New Life Community Worship Service, to be held on
September 25, 2022 at Lincoln Park, beginning at 11:30 a.m., including live music and the
use of a P.A. System.
Resolution adopted and upon approval by Mayor assigned No. 2022-587
9. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as October 6, 2022 and date of public hearing as October 17, 2022, in
conjunction with the FY 2023 Sidewalk Repair Assessment Program - Zone 2, Contract No.
1064, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-288.
10. Resolution setting date of public hearing as October 3, 2022 for the Authorization of a Loan
and Disbursement Agreement and the issuance of not to exceed $1,000,000.00 Sewer
Revenue Capital Loan Notes, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-589.
11. Resolution approving cancellation of assessments for properties listed on Exhibit A, and
authorize City Clerk to notify Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2022-590.
b. Motion to approve the following:
a.
b.
c.
d.
e.
a.
b.
c.
d.
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Greg Ahlhelm,
2022 Fire Prevention &
Building Safety Education
Conference
Des Moines,
IA
November 1-3,
2022
$675.00
Building Official
Jeff Siebel,
Property Safety
Inspector
2022 Fire Prevention &
Building Safety
Conference
Des Moines,
IA
November 1-3,
2022
$650.00
1-Lieutenant, 3-
Sergeants, 3-
Officers
National Tactical Officer
Association Conference
Milwaukee,
WI
September 25-
30, 2022
$3,200.96
K9 Officer, Sgt. J.
Ehlers
National Tactical Officer
Association Conference
K9
Milwaukee,
WI
September 25-
30, 2022
$672.50
Bridgett Wood,
Finance Manager
Iowa League of Cities
Annual Conference 2022
Waterloo, IA
September 28-
30, 2022
$270.00
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Anton's Garden, 518 Sycamore
Street *Expanded Outdoor
Service*
Special Class C
Liquor w/Outdoor
Service
New
9/24/2022
x
Hy-Vee Fast and Fresh #1, 3700
University Avenue
B Wine / C Beer
Renewal
10/31/2023
x
Hy-Vee Food & Drugstore #3,
1422 Flammang Drive *Expanded
Outdoor Service*
E Liquor
w/Outdoor Service
New
9/24/2022
x
Locke at Tower Park, 4140
Kimball Avenue
C Liquor
w/Outdoor Service
Renewal
9/20/2023
x
September 19, 2022
Page 4
e.
f.
Main Street Waterloo, 250
Westfield Avenue
B Beer w/Outdoor
Service
New
10/8/2022
WCA Building and Amphitheatre,
225 Commercial Street *Adding
Liquor for an Event*
C Liquor
w/Outdoor Service
New
9/25/2022
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or
Re -Appointment
Jessica Rucker
Community Development
Board
September 19, 2025
New
Marianne
Kurtnebach
Civil Service Commission
September 19, 2026
New
4. Motion to approve Change Order No. 34 with Cardinal Construction, Inc., of Waterloo, Iowa, for a
net increase of $6,307.00, in conjunction with the Five Sullivan Brothers Convention Center Addition
and Renovation Project, and authorizing the Mayor to execute said document.
5. Motion to accept and place on file the arbitrage results reflecting that no payment is due to the Internal
Revenue Service for the General Obligation Bonds Series 2017A.
6. Motion approving an exception to burning yard waste application by Lori Eberhard, Park Manager,
George Wyth State Park, to burn locations within the park located generally at 3659 Wyth Road,
September 2022 to April 2023, weather permitting.
7. Cigarette/Tobacco Permit New Application for SHWE NYIKO Market, 911 Commercial Street.
8. Cigarette/Tobacco Permit New Application for BP Fuel, 127 Jefferson Street.
9. Motion approving recommendation of appointment of Kelcey Gifford to the position of Clerk in the
Police Department, effective September 19, 2022, as certified by the Civil Service Commission on
August 19, 2022.
10. Motion approving recommendation of appointment of Angela Chambers to the position of Clerk in
the Police Department, effective September 19, 2022, as certified by the Civil Service Commission
on August 19, 2022.
11. Motion approving recommendation of appointment of Kashaunda Anderson to the position of Clerk
II in the Police Department, effective September 26, 2022, as certified by the Civil Service
Commission on September 20, 2022.
12. Bonds.
Roll call vote -Ayes: Six. Motion carried.
100792 - Boesen/Amos
1.A.2 Resolution approving submission of grant application for an Iowa Clean Air Attainment Grant
in the amount of $910,000.00, to install a Traffic Adaptive Signal Control System on Ansborough
Avenue from Fitzway Drive to Downing Avenue, and committing to maintaining the improvements
for the life of the project. Roll call vote -Ayes: Six. Motion carried.
David Dryer, 3145 W. 4th Street, stated that he does not understand the connection between Clean Air
and Traffic Adaptive Signal Control System.
Mayor Hart provided an overview of the grants.
Resolution adopted and upon approval by Mayor assigned No. 2022-591.
100793 - Boesen/Amos
September 19, 2022 Page 5
1.A.3 Resolution approving submission of a grant application for an Iowa Clean Air Attainment Grant
in the amount of $1,100,000.00, to install a Traffic Adaptive Signal Control System on Broadway
Street from the Franklin-Mullan intersection to Hwy. the 218 ramps (at Airport Boulevard), and
committing to maintaining the improvements for the life of the project. Roll call vote -Ayes: Six.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-592.
PUBLIC HEARINGS
100794 - Grieder/Wilder
that proof of publication of notice of public hearing on request 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, as published in the Waterloo
Courier on September 12, 2022, be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
100795 - Grieder/Wilder
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: Six. Motion carried.
100796 - Grieder/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 a request 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", be
received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion
carried.
100797 - Grieder/Wilder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Six. Motion carried.
100798 - Grieder/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 a 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", be
considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion
carried.
Ordinance adopted and upon approval by Mayor assigned No. 5661.
RESOLUTIONS
100799 - Nichols/Amos
that "Resolution approving a Waterloo Convention and Visitors Bureau board recommendation of
mini -grants to Iowa League of Cities Annual Conference in the amount of $3,000.00 and Midwest
Triple Pattern Challenge in the amount of $3,000.00", be adopted. Roll call vote -Ayes: Six. Motion
carried.
Tavis Hall, Experience Waterloo Executive Director, provided an overview of the grant awards.
Resolution adopted and upon approval by Mayor assigned No. 2022-593.
September 19, 2022 Page 6
100800 - Nichols/Amos
that "Resolution approving a Project Design Agreement with AECOM Technical Services, Inc., in an
amount not to exceed $249,300.00, for design services, in conjunction with the Airport Terminal
Parking Lot Canopy Structure Project, and authorizing the Mayor to execute said document", be
adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-594.
100801 - Nichols/Amos
that "Resolution approving a Professional Services Agreement, in the amount of $24,000.00, with
WHKS & Co., to develop two (2) Iowa Clean Air Attainment (ICAAP) grant applications, one for the
Ansborough Avenue Traffic Adaptive System, and another for the Broadway Street Traffic Adaptive
System, and authorizing the Mayor to execute the said document", be adopted. Roll call vote -Ayes:
Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-595.
100802 - Grieder/Wilder
that "Resolution approving a Professional Services Agreement with MedAware Solutions, Inc. -
Anthem, Inc., for a Community Paramedicine Program, and authorizing the Mayor to execute said
document", be adopted. Roll call vote -Ayes: Six. Motion carried.
Mayor Hart requested an overview of the item.
Pat Treloar, Fire Chief, provided an overview of the agreement.
Mr. Boesen questioned if it will require additional staffing to work the program.
Pat Treloar explained that additional staff would not be required. He further provided an overview of
the training the staff has received to utilize the solution.
Mr. Grieder commented that it is our goal that the people who are frequently utilizing our EMS
services will hopefully be getting the healthcare they need through this program, which would reduce
the number of staffing needed for EMS runs will help the city save money.
Pat Treloar commented that they are currently going down the path where emergency medical services
won't being sustainable any longer. This goes for our hospitals and Emergency Rooms as well. If
approved, we would be the first Fire based EMS provider in the state to enter into this kind of
agreement.
Resolution adopted and upon approval by Mayor assigned No. 2022-596.
100803 - Grieder/Wilder
that "Resolution approving a Development Agreement with 3 Stooges, LLC, for the construction of a
new 49,920 square foot industrial building located at 520 W. Parker Street, with a development grant
in the amount of $59,887.00 and a Minimum Assessment Agreement in the amount of
$2,456,910.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted.
Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-597.
100804 - Grieder/Wilder
that "Resolution approving a Right -of -Way License Agreement with Metro Fibernet, LLC, of
Evansville, Indiana, to allow use of city right-of-way for a communication system, and authorizing
the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-598.
September 19, 2022 Page 7
100805 - Amos/Chiles
that "Resolution approving Amendment No. 1 to a Professional Services Agreement with AECOM
Technical Services, Inc., in an amount not to exceed, $199,500.00, originally executed December 20,
2021, for project design services for the use of CARES Act grant funds received by the U.S.
Department of Transportation and the Federal Aviation Administration for projects at the Waterloo
Regional Airport, and authorize the Mayor to execute said document", be adopted. Roll call vote -
Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-599.
100806 - Amos/Chiles
that "Resolution approving a Professional Services Agreement with Magellan Advisors in the amount
not to exceed $80,000.00, for preparation and submittal of a grant application to the Department of
Commerce NTIA Middle Mile Grant Program, and authorizing the Mayor to execute said document",
be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-600.
100807 - Chiles/Amos
that "Resolution declaring an official intent under Treasury Regulation 1.150-2 to issue debt to
reimburse the city for certain original expenditures paid in connection with specified projects", be
adopted. Roll call vote -Ayes: Six. Motion carried.
David Dryer, 3145 W. 4th Street, requested clarification.
Kelley Felchle, City Clerk, explained that the resolution was provided to us by our bonding attorneys
that assist us with the State Revolving Fund loans that we recently adopted, and the cost will be for
the sewer clarifier project.
Resolution adopted and upon approval by Mayor assigned No. 2022-601.
100808 - Chiles/Amos
that "Resolution approving issuance of one credit card to the Fire Department, Sewer Department, and
Public Works Department, five (5) credit cards to the Police Department, and setting a spending limit
of $5,000.00 per card", be adopted. Roll call vote -Ayes: Six. Motion carried.
Mr. Boesen questioned the spending limit of the cards.
Joe Leibold, Interim Police Chief, explained that with the $2,500 dollar limit and the speed at which
the bill is paid, the cards are frequently capped out.
Randy Bennett, Public Works Division Manager, explained that due to the volume of parts they need
to order, it makes it easier to use a card at certain vendors, even though they won't be going over the
$2,500 limit.
Resolution adopted and upon approval by Mayor assigned No. 2022-602.
100809 - Chiles/Amos
that "Resolution repealing and revoking award of bid to Clean Infusion LLC of King of Prussia, PA
in the amount of $538,000 and the contract, bond and certificate of insurance in conjunction with the
FY 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation Project, Contract No. 1067,
and rescinding Resolution No. 2022-535", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-603.
ORDINANCES
September 19, 2022 Page 8
100810 - Chiles/Amos
that "an ordinance amending Title 1, Administration, Chapter 4, Mayor and City Council", be
received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion
carried.
David Dryer, 3145 W. 4th Street, commented that he does not agree with some of the changes to the
ordinance, including prohibiting the public form removing items from the consent agenda. He stated
that when he reaches out to council members, he doesn't always hear back in a timely manner.
Mayor Hart asked Mr. Dryer on what methods he has used to contact council.
David Dryer commented that he uses email that often go unanswered.
Kelley Felchle, City Clerk, explained that when the council passed the ordinance changing from four
meetings a month to two, council determined that they wanted the public to have more access to the
agenda and more time to go through it. The agendas are now made available at the close of business
on the Wednesday prior to the council meeting.
Mr. Chiles stated that he did not receive an email from Mr. Dryer, but will gladly speak with him after
the meeting to verify he has the correct email address.
Mr. Boesen commented that he does respond to emails, and proposed that if Mr. Dryer wants
something addressed at a council meeting, that he send him an email and he will ask to have items
pulled from the consent agenda.
Ms. Wilder commented that she has not received an email from Mr. Dryer, but said he is welcome to
either send her an email or call her directly.
100811 - Chiles/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Six. Motion carried.
100812 - Chiles/Amos
that "an ordinance amending Title 1, Administration, Chapter 4, Mayor and City Council", be
considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion
carried.
Ordinance adopted and upon approval by Mayor assigned No. 5662.
100813 - Grieder/Wilder
that "an ordinance amending the City of Waterloo Code of Ordinances Chapter 4, Plumbing
Regulations, of Title 9, Building Regulations", be received, placed on file, considered and passed for
the first time. Roll call vote -Ayes: Six. Motion carried.
100814 - Grieder/Wilder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Six. Motion carried.
100815 - Grieder/Wilder
that "an ordinance amending the City of Waterloo Code of Ordinances Chapter 4, Plumbing
Regulations, of Title 9, Building Regulations", be considered and passed for the second and third times
and adopted. Roll call vote -Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. _5663.
100816 - Nichols/Grieder
September 19, 2022 Page 9
that "an ordinance amending the City of Waterloo Code of Ordinances Chapter 5, Mechanical
Systems, of Title 9, Building Regulations", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Six. Motion carried.
100817 - Nichols/Grieder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Six. Motion carried.
100818 - Nichols/Grieder
that "an ordinance amending the City of Waterloo Code of Ordinances Chapter 5, Mechanical
Systems, of Title 9, Building Regulations", be considered and passed for the second and third times
and adopted. Roll call vote -Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5664.
ADJOURNMENT
100819 - Chiles/Nichols
that the Council adjourn at 6:44 p.m. Voice vote -Ayes: Six. Motion carried.
7(ffCey Ee(cfi1
Kelley Felchle
City Clerk