HomeMy WebLinkAbout11.7.2022 - Council MinutesNovember 7, 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, November 7, 2022. Mayor Pro Tem Ray Feuss in the Chair. Roll Call:
Boesen, Nichols, Amos, Chiles, Grieder, Wilder and Feuss, joined the meeting.
Prayer or Moment of Silence.
Pledge of Allegiance:
100935 - Grieder/Amos
that the Agenda, as proposed, for the Regular Session on Monday, November 7, 2022, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
100936 - Grieder/Amos
that the Minutes, as proposed, for the Work Session on Monday, October 17, 2022, and the Planning
Session on Monday, October 31, 2022, at 5:30 p.m., be accepted and approved. Voice vote -Ayes:
Seven. Motion carried.
Proclamation declaring November 14-20, 2022 as National Apprenticeship Week.
PUBLIC COMMENTS
Priscilla Cunningham commented that she is here to speak to the council about unfair housing that
happens in Waterloo. She shared that white women are more likely to get housing than she is.
People who came into the women's shelter after her have been housed and she has not. She shared
that she talked to Tony Miller, the head of the Housing Landlord Association about what has gone
on with her. Martin Realtors has been cruel and hateful for no reason. Something needs to be done
to get them to stop doing these things. She is going to come to council until someone can get her
justice in this case.
Terri Stevens, 1629 Ackermant Street, spoke about the contamination at the former Chamberlain site
and how it affects the soil and air near Gates Park. She cited numerous health concerns and
suggested that the plans for Gates Park and Byrnes Park should be reversed.
Forest Dillavou, 1725 Huntington Road, commented that last month he had several occasions to call
the Public Works Department about issues in his neighborhood and was pleased with their service.
Mr. Grieder apologized to his constituents for having to postpone his constituent forum due his
children being ill. He shared the revised date. The Waterloo Safe Neighborhoods Commission has
been meeting regularly. They have selected leadership and will begin meeting with people in the
community. He added that tomorrow is Election Day and encouraged everyone to vote.
Mr. Chiles congratulated Brian's Blue Plate for opening in downtown Waterloo. He asked that
additional signage about parking be put in place downtown. He has been going around his ward
checking for homes that need remediation and would really like to see properties are fixed and that
the city ramp up the 657A process. He further requested an update on convention center concrete.
Jamie Knutson, City Engineer, provided an update on concrete work around the convention center.
Mr. Boesen commented that it was his understanding that the contract with Veith is moving into next
year and questioned what has caused this.
Jamie Knutson shared that many things happened to delay the project going back before he took the
project over. It had been determined to take out any and all liquidated damages as part of the
contract, which means there is no hammer for him to use when the contractor goes beyond the
completion date. There were issues on both sides that caused the delay and would be happy to set up
a meeting to discuss further.
Mr. Boesen and Mr. Grieder shared how to view the Safe Neighborhoods meetings and the status of
the Children's Opportunity Initiative.
100937 - Grieder/Chiles
November 7, 2022 Page 2
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
100938 - 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 November 7,
2022, in the amount of $4,949,595.10, 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. 2022-666.
2. Resolution approving the FY22 Consolidated Annual Performance and Evaluation Report
(CAPER) for CDBG and HOME program activities for the period of July 1, 2021 to June 30,
2022 to the United States Department of Housing and Urban Development.
Resolution adopted and upon approval by Mayor assigned No. 2022-667.
3. Resolution approving request of William Weitnauer, for a waiver for an asphalt driveway,
located at 316 Carrington Avenue, and authorize the construction of an asphalt 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. 2022-668.
4. Resolution approving request of James Johnson, for a waiver for a concrete driveway and
placement of a culvert, located at 414 Crestridge Drive, 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. 2022-669.
5. Resolution authorizing an exception to the City of Waterloo's Purchasing Policy to approve
the purchase of one (1) 2020 (used) Ford Escape Hybrid in the amount of $35,180.00 from
Victory Commercial Works of Dyersville, Iowa.
Resolution adopted and upon approval by Mayor assigned No. 2022-670.
6. Resolution approving Completion of Project and Recommendation of Acceptance of Work,
for work performed by Young Plumbing & Heating Company, of Waterloo, Iowa, at a total
cost of $157,400.00, in conjunction with the Waterloo City Hall Chiller Replacement Project.
Resolution adopted and upon approval by Mayor assigned No. 2022-671.
7. Resolution approving submission of a $100,000.00 grant application to Lincoln Savings
Bank Foundation for the Transforming Gates and Byrnes Parks Project.
Resolution adopted and upon approval by Mayor assigned No. 2022-672.
8. Resolution approving submission of a grant application, in an amount not to exceed
$2,000,000.00, for a Strengthening Mobility and Revolutionizing Transportation (SMART)
grant, with zero city match, and in possible partnership and/or collaboration with INRCOG
and industry.
Resolution adopted and upon approval by Mayor assigned No. 2022-673.
9. Resolution approving Amendment No. 2 to the Agreement with Strand Associates Inc. of
Madison Wisconsin originally executed on April 17, 2019 to amend the completion date
November 7, 2022 Page 3
1.
2.
from October 31, 2022 to February 28, 2023, in conjunction with the Biogas Utilization
Modifications Preliminary Design Project, and authorizing the Mayor to execute said
document.
Resolution adopted and upon approval by Mayor assigned No. 2022-674.
10. Resolution setting date of consultation with affected taxing entities as November 18, 2022,
and date of public hearing as December 5, 2022, in conjunction with approval of Amendment
No. 3 to the Rath 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.
Resolution adopted and upon approval by Mayor assigned No. 2022-675.
11. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as November 10, 2022 and date of public hearing as November 21, 2022, in
conjunction with the 2022-2023 Residential/Miscellaneous Areas Snow Removal Contract
for city owned lots generally acquired through Iowa Code 657A, and instruct the City Clerk
to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-676.
12. Resolution setting date of public hearing as November 21, 2022 to approve the request by
Cedric Culp to vacate, sell and convey 1,960 square feet of city owned alley right-of-way,
located South of 500 Ricker Street, to Cedric Culp, in the amount of $823.20, and instruct the
City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-677.
13 Resolution setting date of public hearing as November 21, 2022, to approve the Offer to
Purchase Agreement with Kwik Trip, Inc., to sell approximately 1.37 acres of land located at
2122 West Ridgeway Avenue, behind the Kwik Star fuel blending facility, in the amount of
$50,000.00, plus costs, and direct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-678.
b. Motion to approve the following:
a.
b.
a.
b.
c.
d.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Brian Wirtz,
Building Inspections
International Code Council
2021 B-1 Residential
Building Inspector Exam
Waterloo,
IA (online)
TBD
$241.00
Lance Dunn, Human
Resources Director
Iowa League of Cities
Annual Conference 2022
Waterloo,
IA
09/28-30/2022
_
5270.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Friendship Village, 600 Park
Lane
_
A Liquor w/Outdoor
Service
Renewal
10/18/2023
x
HyVee #1 Clubroom, 2834
Ansborough Avenue
Special Class C Liquor
Renewal
10/16/2023
x
Danny's on Donald, 1125 W.
Donald Street
C Liquor w/Outdoor
Service
Renewal
10/4/2023
x
Grill 924, 926 La Porte Road
C Liquor w/Outdoor
Service
Renewal
10/31/2023
x
November 7, 2022
Page 4
e.
f.
Kings and Queens Club, 304
W. 4th Street
C Liquor w/Outdoor
Service
Renewal
11/15/2023
x
Knights of Pythias, 244 Ash
Street
A Liquor
Renewal
11/2/2023
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or
Re -Appointment
Bailey Moore
Main Street Waterloo
Redevelopment Authority
12/31/2024
New
4. Motion approving the Annual Financial Report for City Streets, for the fiscal year ended June 30, 2022,
and authorizing transmittal to the Iowa Department of Transportation.
5. Motion to approve Change Order No. 2 from Langman Construction Inc., of Rock Island, Illinois, for
a net increase of $31,585.51, in conjunction with the US Highway 63 Sanitary Sewer Upgrades, Phase
I Project, and authorizing the Mayor to execute said documents.
6. Motion approving Cigarette/Tobacco/Nicotine/Vapor Permit New Application for Kwik Stop 3, 1104
Washington Street.
7. Motion approving Cigarette/Tobacco/Nicotine/Vapor Permit New Application for Logan Avenue
Convenience Store, 735 Logan Avenue.
8. Bonds.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
100939 - Nichols/Amos
that proof of publication of notice of public hearing on Request by BCP Development, LP and Dr.
Robert A. Behar to rezone approximately 1.3 acres from "C-2" Commercial District to "C-2, C-Z"
Conditional Zoning District to allow for an auto repair shop and sales, located at 1237 Flammang
Drive, (former Petco store), with conditions, as published in the Waterloo Courier on October 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.
Aaron Kid, Representative for Dr. Behar, 5305 Janey Avenue, Muncey, IN, provided an overview of
the project and requested some urgency with approving the project.
100940 - Nichols/Amos
that the hearing be closed and oral comments and recommendation of approval of the Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
100941 - Nichols/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 request by BCP
Development, LP and Dr. Robert A. Behar to rezone approximately 1.3 acres from "C-2" Commercial
District to "C-2, C-Z" Conditional Zoning District to allow for an auto repair shop and sales, located
at 1237 Flammang Drive, (former Petco store), with conditions", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
Mr. Boesen commented that at Planning and Zoning Commission, the representative that spoke said
they would not do repairs.
November 7, 2022 Page 5
Mr. Kid commented that repair work is very limited. Alignments and brake work would be the extent
of the work.
Mr. Grieder commented that he is glad to see them coming and that it is a little different from what
you typically think of as an auto repair store.
100942 - 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.
100943 - Nichols/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 request by BCP
Development, LP and Dr. Robert A. Behar to rezone approximately 1.3 acres from "C-2" Commercial
District to "C-2, C-Z" Conditional Zoning District to allow for an auto repair shop and sales, located
at 1237 Flammang Drive, (former Petco store), with conditions", 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. 5669.
100944 - Grieder/Amos
that proof of publication of notice of public hearing on Request by SKS Communications for a Site
Plan Amendment in the `B-P" Business Park District to construct a 2,400 square foot office
building, with related parking, located northeast of 3173 Titan Trail, as published in the Waterloo
Courier on October 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.
100945 - Grieder/Amos
that the hearing be closed and recommendation of approval of Planning, Programming and Zoning
Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
100946 - 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, to approve a request by the SKS
Communications for a site plan amendment to the `B-P" Business Park District to construct a 2,400
square foot office building", be received, placed on file, considered and passed for the first time. Roll
call vote -Ayes: Seven. Motion carried.
100947 - 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.
100948 - 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, to approve a request by the SKS
Communications for a site plan amendment to the `B-P" Business Park District to construct a 2,400
square foot office 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. 5670.
100949 - Chiles/Amos
November 7, 2022 Page 6
that proof of publication of notice of public hearing on Waterloo Center for the Arts -Youth Pavilion
Phase II Boiler Replacement Project, as published in the Waterloo Courier on October 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.
100950 - Chiles/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
100951 - Chiles/Amos
that "Resolution approving plans, specifications, forms 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. 2022-679.
100952 - Chiles/Amos
Motion to receive and file and instruct City Clerk to read bids.
Engineer's Estimate: $195,000.00
Bidder
Bid Security
Total Bid Amount
Bowker Mechanical Contractors, LLC
Cedar Rapids, IA
5%
$145,000.00
Voice vote -Ayes: Seven. Motion carried.
100953 - Chiles/Amos
that "Resolution awarding bid to Bowker Mechanical Contractors, LLC of Cedar Rapids, Iowa, in the
amount of $145,000.00, in conjunction with the Waterloo Center for the Arts -Youth Pavilion Phase II
Boiler Replacement Project", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-680.
100954 - Amos/Grieder
that proof of publication of notice of public hearing on Purchase of two (2) John Deere 1580
TerrainCut Outfront Mowers, as published in the Waterloo Courier on October 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.
100955 - Amos/Grieder
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
100956 - Amos/Grieder
that "Resolution approving plans, specifications, forms 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. 2022-681.
100957 - Amos/Grieder
Motion to receive and file and instruct City Clerk to read bids.
November 7, 2022
Page 7
Bidder
New Units
Downtown
Trade Unit
Parks Trade
Unit
Total Price
P&K Midwest
$103,962.00
$7,600.00
$5,500.00
$90,862.00
Van Wall Equipment
$87,850.00
$5,000.00
$3,000.00
$79,850.00
Voice vote -Ayes: Seven. Motion carried.
100958 - Amos/Grieder
that "Resolution awarding bid to Van -Wall Equipment, Inc., of Rock Island, Illinois, in the amount of
$79,850.00, in conjunction with the purchase of two (2) John Deere 1580 TerrainCut Outfront
Mowers", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-682.
100959 - Grieder/Wilder
that proof of publication of notice of public hearing on FY 2023 Sanitary Sewer Gatewell Repairs
Phase II, Contract No. 1071, as published in the Waterloo Courier on October 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.
100960 - Grieder/Wilder
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
100961 - Grieder/Wilder
that "Resolution approving plans, specifications, forms 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. 2022-683.
100962 - Grieder/Wilder
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Engineer's Estimate: $3,500,000.00
Bidder
Bid Security
Bid Amount
Minger Construction, Co., Inc.
Jordan, MN
°
5 /o
Base: $4,559,060.00
Alt. 1 $17,500.00
Alt. 2 $82,500.00
WRH Inc.Base:
Amana, IA
5%
$3,550,820.00
Alt. 1 $13,500.00
Alt. 2 $73,000.00
Woodruff Construction
Waterloo, IA
5%
Base: $5,832,865.30
Alt. 1 $23,000.00
Alt. 2 $26,400.00
Voice vote -Ayes: Seven. Motion carried.
100963 - Nichols/Chiles
that proof of publication of notice of public hearing on W. 9th Street -South Street Mini Roundabout
Project, Iowa DOT grant project number CSA-TSF-8155(777)--85-07, as published in the Waterloo
November 7, 2022 Page 8
Courier on October 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.
100964 - Nichols/Chiles
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
No bids were received for this project. Council then discussed with staff the implications of not
receiving bids.
RESOLUTIONS
100965 - Amos/Grieder
that "Resolution approving a Professional Services Agreement with Modus of Waterloo, Iowa, in the
amount of $26,600.00, in conjunction with the Waterloo Center of the Arts - Chiller Replacement
Project, 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. 2022-684.
100966 - Amos/Grieder
that "Resolution approving Supplemental Agreement No. 2, to a Professional Services Agreement,
originally approved December 20, 2021, with Ritland+Kuiper of Waterloo, Iowa, in an amount not to
exceed $9,000.00, in conjunction with the FY 2022 4th Street Bridge and Dam Lighting Project, 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. 2022-685.
100967 - Amos/Grieder
that "Resolution approving an Intergovernmental Transfer of Public Funds Agreement with the Iowa
Department of Human Services, 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. 2022-686.
100968 - Grieder/Amos
that "Resolution approving the Natural Gas Facilities Construction and Reimbursement Agreement
with MidAmerican Energy Company, for the extension of gas into the Waterloo Air and Rail Park, in
an amount not to exceed $1,706,980.00, and authorizing the Mayor to execute said documents", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Boesen commented that he believes this is an expensive price tag to get natural gas to this site and
commented that this will operate under a reimbursement program like the electric was. He questioned
the cost to bring electric to the site.
Noel Anderson, Community Planning and Development Director, commented that the amount for
electric was about $500,000 to $600,000 dollars.
Mr. Boesen commented that the city was to be reimbursed over a ten-year period as people came on-
line and questioned where we are with that.
Noel Anderson confirmed and stated that there is not anyone actively operating out of there yet other
than the construction activities.
November 7, 2022 Page 9
Mr. Boesen commented that the rebates are based on gas usage and it will take a lot of usage to recoup
$1.7 million dollars.
Noel Anderson explained that CPM is under construction and is making good progress, there are two
other approved development agreements and two others are currently being worked on.
Mr. Grieder questioned if this is offered to entice folks.
Noel Anderson commented that the businesses would like this for providing heating to their
businesses. There has been a lot of interest in the area and they are feeling optimistic about getting a
lot of projects out there pretty quickly.
Mr. Chiles requested an explanation of the ten-year rebate.
Danny Laudick, MidAmerican Energy, provided an explanation of the rebate.
Mr. Chiles questioned why this is only for ten years.
Danny Laudick shared that he could look that up.
Mr. Chiles questioned if the city is looking to recuperate its cost from the investment.
Noel Anderson explained that it would be difficult to know what companies are going to go out there
and what their gas usage will be. The city may not necessarily expect to recuperate 100%, as there is
always some cost to the city for development for infrastructure.
Mr. Feuss questioned the period for completion.
Danny Laudick explained that it would be planned to have the service available by the end of the year.
Resolution adopted and upon approval by Mayor assigned No. 2022-687.
100969 - Grieder/Amos
that "Resolution approving an Early Access Agreement with Camenzind Masonry, LLC, to allow
development activities, including the construction of a foundation, on lot 4 of the Waterloo Air and
Rail Park 3rd Addition, 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. 2022-688.
100970 - Amos/Grieder
that "Resolution approving the Employee Policies and Procedures Handbook for city employees", be
adopted. Roll call vote -Ayes: Six. Nays: One (Boesen). Motion carried.
Mr. Boesen commented that he originally asked to postpone this item on August 15, 2022. At the
direction of the Mayor, he met with Lance Dunn in September and they were able to work through
some issues. He explained that his motion to postpone, which passed by a vote of seven to zero, was
to bring this resolution back tonight but there was to be a work session in October to discuss the
handbook, which we never did.
Mr. Grieder questioned if the bereavement policy is also offered to collective bargaining employees.
Lance Dunn, Human Resources Director, explained that it would first need to be discussed during
contract negotiations and then included in the collective bargaining agreement.
Mr. Chiles commented that regardless of how the vote ends up, he believes council should hold a work
session to discuss the various concerns on the policies and handbook.
100971 - Boesen/Grieder
November 7, 2022 Page 10
To postpone the handbook until we have a work session. Roll call vote -Ayes: Zero. Nays: Seven
(Boesen, Nichols, Amos, Chiles, Grieder, Wilder, and Feuss). Motion FAILED.
Council discussed their questions and concerns regarding the employee handbook and the need to
postpone the vote.
Resolution adopted and upon approval by Mayor assigned No. 2022-689.
ADJOURNMENT
100972 - Grieder/Wilder
that the Council adjourn at 6:44 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Fe1ch[e
c)
Kelley Felchle
City Clerk