HomeMy WebLinkAbout12.5.2022 - Regular SessionDecember 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 Monday, December 5, 2022. Mayor Quentin Hart in the Chair. Roll Call:
Boesen, Nichols, Chiles, Grieder, Wilder and Feuss, joined the meeting. Mr. Feuss joined via zoom. Absent:
Mr. Amos.
Prayer or Moment of Silence.
Pledge of Allegiance: Willie Mae Wright, Former Ward 4 Council Member.
101040 - Feuss/Grieder
that the Agenda, as proposed, for the Regular Session on Monday, December 5, 2022, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Six. Motion carried.
101041 - Feuss/Grieder
that the Minutes, as proposed, for the Regular Session on Monday, November 21, 2022, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Six. Motion carried.
UNI student presentation on Environmental/social/health vulnerabilities in areas of Waterloo.
Presentation from Joy Briscoe, Founder of SHIPHT Youth Opportunity Accelerator located at 131
Tower Park Drive, Shared that the SHIPHT Youth Accelerator is moving to work with Sherman
Wise and Rodney Anderson to provide equitable employment opportunities.
Rodney Anderson, 403 Franklin Street, shared that they wanted to honor Ms. Willie Mae Wright.
Joy Briscoe shared that they are creating a $2,000 scholarship for individual's pursuing innovation
and entrepreneurship in the Waterloo community and will be on behalf and in the name of Ms.
Wright.
Yvonne Davis spoke on behalf of her mother and thanked everyone for acknowledging her mother
and presenting flowers while she still lives.
Rodney Anderson recognized Wanda Martinez who was among the first to fund the All -In -Grocers,
even before the bank.
Joy Briscoe commented that another $2,000 scholarship will be created on behalf of All -In -Grocers
through SHIPHT and in collaboration with the Waterloo Community Foundation, for individuals
post -secondary education or some type of skills.
Wanda Martinez commented that education is so important and so are our young people. We need
to stand by them, even when they fall. They cannot get up without our help.
PUBLIC COMMENTS
Priscilla Cunningham, 603 S. Hackett Rd., shared that she found out that the city could not do
anything about state landlord tenant laws. She added that she wanted to rebuttal something that
someone on city council said that they tried to help her but she refused the help. She shared that
nobody has tried to help her on city council. She added that she would continue coming to the city
council until she receives justice.
Leon Begay, 204 Baltimore Street, shared that he is expressing concern on behalf of the community
for the things that have happened to Priscilla. He added that he wants to propose changes that will
help the city provide better housing.
Mr. Boesen requested an update on the non -bargaining employee compensation study.
Mayor Hart commented that funds have not been allocated to the project yet. He shared that they are
close to knowing how much AARPA funding is needed for the broadband project.
Lance Dunn, Human Resources Director, shared that they have received several quotes from
locations. Once funds have been allocated they can move forward.
December 5, 2022 Page 2
Ms. Wilder requested an update on the 4th Street Bridge Lighting Project.
Jamie Knutson, City Engineer, shared that they are hoping this will be completed soon but the bridge
will be opened and closed periodically for the next few weeks.
Ms. Wilder shared that her Ward meeting for December is cancelled.
Mr. Grieder questioned if the city has an update on the Destination Iowa funding for the joint white
water project with Cedar Falls.
Noel Anderson, Community Planning and Development Director, commented that he has not yet
heard anything back from the state on our grant application.
Mayor Hart announced that the council had a work session earlier today to talk about filling the
Ward 4 council seat and explained the process and timeline. He also announced that this last
Thursday they had a state of the city presentation to discuss all the positive transformation
happening in the community. He shared that last Tuesday the city held a meeting with Honeywell,
who has provided Waterloo a grant opportunity, to develop a smart -city technology strategic plan.
Finally, the 4th Street bridge project is moving along and is excited for this to be a focal point in
downtown and that it was funded primarily with non-profit dollars.
101042 - Feuss/Wilder
that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
CONSENT AGENDA
101043 - 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 28,
2022, in the amount of $4,246,609.78 and December 5, 2022, in the amount $2,780,513.02, 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. 2022-733.
2. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedure Policy to
approve the purchase of one (1) used 2021 John Deere 190GW FT4 Wheeled Excavator with
a Mechanical Pattern Changer and a Bucket (with teeth) and an extended warranty of 84
months/7,000 hours in the amount of $177,960.00 from Murphy Tractor & Equipment of
Waterloo, Iowa.
Resolution adopted and upon approval by Mayor assigned No. 2022-734.
3. Resolution authorizing an exemption to the City of Waterloo's Purchasing Policy to approve
the purchase of one (1) used 2021 Ford Ranger Supercab, in the amount of $34,000.00, from
Lynch Ford - Mt. Vernon, Inc., of Mount Vernon, Iowa.
Resolution adopted and upon approval by Mayor assigned No. 2022-735.
4. Resolution apprapproving the request of Kasim Mustedanagic, for tax exemptions on the
construction of a new twin home unit valued at $160,000.00, for property located at 101
Aidin Way, and located in the City Limits Urban Revitalization Area (CLURA).oving
Resolution adopted and upon approval by Mayor assigned No. 2022-736.
December 5, 2022 Page 3
1.
a.
b.
c.
d.
e.
5. Resolution approving the request of Kasim Mustedanagic, for tax exemptions on the
construction of a new twin home unit valued at $160,000.00, for property located at 103
Aidin Way, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2022-737.
6. Motion approving Final Quantity Summary for a net increase of $148,341.48 for Peterson
Contractors, Inc., in conjunction with the FY 2018 University Avenue - Phase I, from
Greenhill Road to Evergreen Avenue, Contract No. 933, and authorizing the Mayor and City
Clerk to execute said document.
7. Resolution approving Completion of Project and Recommendation of Acceptance of Work
for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of
$8,952,941.17, in conjunction with the FY 2018 University Avenue - Phase I, from Greenhill
Road to Evergreen Avenue, Contract No. 933, and receive and file a two-year maintenance
bond.
Resolution adopted and upon approval by Mayor assigned No. 2022-738.
8. Resolution approving Completion of Project and Recommendation of Acceptance of Work
for work performed by Woodruff Construction, Inc., of Fort Dodge, Iowa, in the amount of
$3,475,700.26, in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs - Phase 1,
Contract 951, and receive and file a two-year maintenance bond.
Resolution adopted and upon approval by Mayor assigned No. 2022-739.
9. Resolution approving request of Jonathan Brundrett, for a waiver for a concrete driveway,
located at 175 W. 16th Street, 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. 2022-740.
10. Resolution approving preliminary plans, specifications, form of contract, etc., re -setting date
of bid opening as December 15, 2022 and date of public hearing as December 19, 2022 in
conjunction with the W. 9th Street and South Street Mini -Roundabout Project, Iowa DOT
grant project number CS-TSF-8155(777)--85-07, and instruct the City Clerk to publish
notice.
Resolution adopted and upon approval by Mayor assigned No. 2022-741.
b. Motion to approve the following:
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Officers Hunter Saul,
Rodney Dieser, Adam
Gilbaugh
Iowa Law
Enforcement
Academy 16 Weeks
Camp Dodge
Johnston,
IA
January 3,
2023 to April
21, 2023
$29,250.00
Waterloo Fire Rescue
Instructor(s)
Operations Level
Class
New Albin,
IA
January 11,
2023
$228.00
Waterloo Fire Rescue
Instructor(s)
Operations Level
Class
Lansing, IA
January 11,
2023
$216.00
Mayor Quentin Hart
91 st Winter US
Conference of Mayors
Washington,
D.C.
January 18-
28, 2023
$2,100.00
Sergeant Koontz
Gracie Survival
Tactics Level 1
Instructor Certification
Johnston,
IA
December 12-
16, 2022
$420.00
December 5, 2022
Page 4
2.
a.
b.
c.
d.
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Club Ambassador, 313 W. 5th
Street
C Liquor
w/Outdoor Service
Renewal
12/15/2023
x
Courtyard By Marriott, 250
Westfield Avenue
C Liquor
w/Catering
Renewal
11/19/2023
x
Locker Room Lounge, 1918
Hawthorne Avenue
C Liquor
w/Outdoor Service
Renewal
12/31/2023
x
West Side Liquor, 919 W. 5th
Street
C Liquor
w/Outdoor Service
Renewal
12/21/2023
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or
Re -Appointment
Rich Kurtenbach
Telecommunications
December 12, 2028
Re -Appointment
4. Motion approving Change Order No.1 from Municipal Pipe Tool Co., LLC of Hudson, Iowa for a net
increase of $9,586.00 for Non SRF work in conjunction with the FY 2023 CIP Pipelining Phase IVA3,
Contract No. 1063, and authorizing the Mayor to execute said document.
5. Motion approving recommendation of appointment of Tanner Kroeze to the position of Park
Maintenance II - Forestry Apprentice in the Leisure Services Department effective December 6, 2022,
subject to physical examination and drug screen.
6. Motion approving recommendation of appointment of Andrew Brauner to the position of Park
Maintenance II - Forestry Apprentice in the Leisure Services Department effective December 6, 2022,
subject to physical examination and drug screen
7. Motion approving Final Quantity Summary for a net decrease of $111,599.74 for Woodruff
Construction, Inc., in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs - Phase 1,
Contract No. 951, and authorizing the Mayor and City Clerk to execute said document.
8. Motion approving Cigarette/Tobacco/Nicotine/Vapor Permit New Application for Smoke O's, 1509
Flammang Drive.
Roll call vote -Ayes: Six. Motion carried.
PUBLIC HEARINGS
101044 - Grieder/Chiles
that proof of publication of notice of public hearing on request by Bruce Gerleman to rezone 3.46
acres northeast of 2600 E. Shaulis Road from "A-1" Agricultural District to "C-P" Planned
Commercial District to construct a new restaurant, as published in the Waterloo Courier on
November 28, 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.
101045 - Grieder/Chiles
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.
101046 - Grieder/Chiles
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 Bruce
Gerleman to rezone 3.46 acres northeast of 2600 E. Shaulis Road from "A-1" Agricultural District to
December 5, 2022 Page 5
"C-P" Planned Commercial District to construct a new restaurant, with conditions", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried.
Mr. Boesen expressed concern about the traffic curve that this restaurant will sit on. The curve is 45
mph.
Mr. Grieder commented that he has received many phone calls from his Ward and people are very
excited. He thanked city staff and all who were involved in this project.
101047 - Grieder/Chiles
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Six. Motion carried.
101048 - Grieder/Chiles
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 Bruce
Gerleman to rezone 3.46 acres northeast of 2600 E. Shaulis Road from "A-1" Agricultural District to
"C-P" Planned Commercial District to construct a new restaurant, with conditions", 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. 5674.
101049 - Nichols/Wilder
that proof of publication of notice of public hearing on request by A -Line EDS to rezone approximately
0.14 acres from "C-1" Commercial District to "C-1,C-Z" Conditional Zoning District for additional
storage yard area, in conjunction with a previously approved 24,000 square foot warehouse and
maintenance facility located west of 722 Dearborn Avenue, as published in the Waterloo Courier on
November 28, 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.
101050 - Nichols/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.
101051 - Nichols/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 A -Line
EDS to rezone approximately 0.14 acres from "C-1" Commercial District to "C-1,C-Z" Conditional
Zoning District for additional storage yard area, in conjunction with a previously approved 24,000
square foot warehouse and maintenance facility located west of 722 Dearborn Avenue", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried.
101052 - Nichols/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.
101053 - Nichols/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 A -Line
EDS to rezone approximately 0.14 acres from "C-1" Commercial District to "C-1,C-Z" Conditional
Zoning District for additional storage yard area, in conjunction with a previously approved 24,000
square foot warehouse and maintenance facility located west of 722 Dearborn Avenue", be considered
and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried.
December 5, 2022 Page 6
Ordinance adopted and upon approval by Mayor assigned No. 5675.
101054 - Grieder/Wilder
that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on November
21, 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.
David Dryer, 3145 W. 4th Street, questioned if someone is interested in putting affordable housing in
a blighted area. He further provided commentary on the city's use of TIF money.
Noel Anderson, Community Planning and Development Director, provided an overview of the project
and future plans for development and an update on the Rath project.
Mayor Hart questioned if these areas develop themselves or if the city has to take steps to attract
developers.
Noel Anderson shared that the city does have to take steps to rehabilitate and the site and make it
attractive to developers.
101055 - Grieder/Wilder
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: Six.
Motion carried.
101056 - Grieder/Wilder
that "Resolution affirming previous determination of an area of the City to be an area of slum and
blight and an economic development area, determining that the development or redevelopment of said
area is necessary in the interest of the public health, safety, or welfare, designating said area as
appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call
vote -Ayes: Five. Nays: One (Boesen). Motion carried.
Mr. Boesen commented that the Rath TIF was initiated in 1990 and this district does not seem to retire.
He questioned how the city recoups the cost when some are going backwards and others are doing
well. He expressed concern that the city is not building a tax base outside of TIF Districts and the
burden falls on the taxpayer. He questioned how to get TIF's that are upside down, back in the black.
Noel Anderson explained that with every TIF project, there is a portion of that project's new tax base
released to the debt service levy so it does help the general fund from having to compensate. He
further explained the financial benefit to the city to do infrastructure, road improvements, etc., into the
TIF districts because we are paid back faster.
Mr. Boesen questioned how much has been released from the Northeast site.
Noel Anderson stated that it was probably a couple of million, but he would get those numbers to him
following the meeting. Mr. Anderson discussed the mechanics of the TIF with Mayor and Council.
He shared that there are different strategies with different TIF Districts. He then explained that funds
have been released from some districts as they sunset. He said it makes sense to create shovel ready
sites to help attract businesses. Taxes are just one element. There are other sources of revenue, retail,
and residents that come with investments in TIF districts.
Mayor Hart commented that there is a website called The New Waterloo.com. On that site, there is a
list of projects highlighted with location and project information. The city has been very successful
over the years and we are not even close to being done.
Mr. Chiles requested clarification of the value of the monies released from the TIF.
Noel Anderson provided clarification.
December 5, 2022 Page 7
Resolution adopted and upon approval by Mayor assigned No. 2022-742.
101057 - Grieder/Wilder
that "an ordinance providing that the general property taxes levied and collected each year on all
property located within the newly described Rath Urban Renewal and Redevelopment Plan Area, in
the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa,
City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing
districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to
and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said
Urban Renewal Project", be received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Five. Nays: One (Boesen). Motion carried.
101058 - Grieder/Wilder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Nays: One (Boesen). Motion failed.
Because the Mayor and council did not note that this motion failed, motion 101059 was read and voted
on, however the vote is disqualified due to the failing of motion 101058.
101059 - Grieder/Wilder
that "an ordinance providing that the general property taxes levied and collected each year on all
property located within the newly described Rath Urban Renewal and Redevelopment Plan Area, in
the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa,
City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing
districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to
and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said
Urban Renewal Project", be considered and passed for the second and third times and adopted. Roll
call vote -Ayes: One (Boesen). Motion carried.
Mr. Nichols reported that the public hearing on the South Street and W. 9th Street mini -Roundabout
has been rescheduled for December 19, 2022.
RESOLUTIONS
101060 - Boesen/Grieder
that "Resolution approving a three (3) year Cedar Valley Storm Water Partnership Agreement, in the
amount of $2,587.00, with the Black Hawk County Conservation Board, for contracted Storm Water
Education, 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. 2022-743.
101061 - Boesen/Grieder
that "Resolution approving a request by the City of Waterloo to dedicate a 60 foot sanitary sewer,
drainage and public utility easement over the west 60 foot of Lot 1 of the Waterloo Air and Rail Park
1st Addition, located near the southeast corner of Leversee Road and Warp Drive", be adopted. Roll
call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-744.
101062 - Boesen/Grieder
that "Resolution approving a request by the City of Waterloo to dedicate a sixty -foot sanitary sewer,
drainage and public utility easement over the west sixty -feet of the Waterloo Air and Rail Park 3rd
Addition, located near the northeast corner of Leversee Road and Warp Drive", be adopted. Roll call
vote -Ayes: Six. Motion carried.
December 5, 2022 Page 8
Resolution adopted and upon approval by Mayor assigned No. 2022-745.
101063 - Grieder/Nichols
that "Resolution approving the dedication of a sanitary sewer easement by Club Car Wash Waterloo,
LLC for an existing public sanitary sewer, located at 1009 East San Marnan Drive", be adopted. Roll
call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-746.
101064 - Grieder/Nichols
that "Resolution approving Amendments to the Professional Services Agreements with Magellan
Advisors, LLC, in an amount not to exceed $630,193.73, for the Additional Mileage of Design
Engineering and Permitting of a Fiber -Optic network to the Home as well as associated travel costs,
and authorizing the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-747.
101065 - Grieder/Nichols
that "Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the Leisure
Services 2022-23 Golf Marketing Campaign in the amount of $12,000; the City of Waterloo
SportsPlex 2022-2023 Marketing Campaign in the amount of $12,000; the North End Update in the
amount of $7,000", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-748.
101066 - Chiles/Nichols
that "Resolution approving an Engagement Letter with Piper Sandler & Co. for project finance
services in conjunction with the Telecommunications Utility Broadband Project", be adopted. Roll
call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-749.
101066 - Chiles/Nichols
that "Resolution approving the 2023 Hazardous Materials Regional Training Center Fee Schedule, be
adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2022-750.
Mr. Boesen thanked Chief Treloar for his service and tenure as the fourth longest standing Fire Chief
with the City of Waterloo. He questioned by what percentage are the fees being raised.
Pat Treloar, Fire Chief, explained that the fees were raised approximately ten percent on average and
noted that it has been a few years since the fees have been reviewed.
Mayor Hart invited the public to meet at 515 Beech Street at 9:00 a.m. tomorrow morning for NAACP
coffee with the Executive Director for Black Hawk County.
ADJOURNMENT
101068 - Chiles/Grieder
that the Council adjourn at 6:49 p.m. Voice vote -Ayes: Six. Motion carried.
xeOEey Fefc/ire
Kelley Felchle
December 5, 2022 Page 9
City Clerk