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HomeMy WebLinkAbout12.19.2022 Council MinutesDecember 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, December 19, 2022. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Nichols, Amos, Chiles, Grieder, Wilder and Feuss, joined the meeting. Prayer or Moment of Silence. Pledge of Allegiance: Dave Boesen, At -Large Council Member 101084 - Feuss/Grieder that the Agenda, as amended to correct the recommendation of grant award in Resolution No. 5 to be $99,000 for twelve events and two capital projects occurring in FY2023, for the Regular Session on Monday, December 19, 2022, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 101085 - Feuss/Grieder that the Minutes, as proposed, for the Regular Session on Monday, December 5, 2022, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Recognition of Officer Jakovic on her induction into the Waterloo Wrestling Hall of Fame. Recognition of Pat Treloar, Fire Chief, on his retirement. PUBLIC COMMENTS Mr. Chiles thanked the Police Department for allowing him to participate in a ride along. 101086 - Feuss/Wilder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 101087 - 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 December 12, 2022, in the amount of $3,119,018.83, and December 19, 2022, in the amount $3,407,778.34, 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. 2022-751. 2. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedure Policy to approve the purchase of one (1) new Komptech Crambo 6000, including an Overbank Magnet, in the amount of $944,361.00, from Hennen Equipment, Inc., of Chaska, Minnesota. Resolution adopted and upon approval by Mayor assigned No. 2022-752. 3. Resolution authorizing an exception to the City of Waterloo's Purchasing Policy to approve purchase of one (1) 2023 International model HV507SFA, in the amount of $110,034.40, from Thompson Truck Center, Waterloo, Iowa. Resolution adopted and upon approval by Mayor assigned No. 2022-753. 4. Resolution approving plans, specifications, form of contract, etc., setting date of public hearing as January 3, 2023 in conjunction with the Logan Avenue (US 63) from Donald December 19, 2022 Page 2 1 2. Street to Newell Street Traffic Adaptive System, Iowa DOT grant project No. ICAAP- SWAP-8155(781)--SH-07, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-754. b. Motion to approve the following: a. b. c. d. e. a. b. c. d. e. f. g• h. i. j• k. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Noel Anderson, Community Planning and Development Director and Jamie Knutson, City Engineer Prospect Presentation Atlanta, GA October 10-11, 2022 $2,731.00 Jeff Siebel, Property Inspector; Jennifer Sparks, Permit Writer IRC Essentials West Des Moines, IA January 10-13, 2023 $2,150.00 Greg Ahlhelm, Building IRC Essentials West Des Moines, IA January 10-12, 2023 $780.00 Official Senada Muhic, Housing Coordinator Homebuyer Education Methods: Training the Trainer - VTI Session Online February 8 though March 7, 2023 (live sessions 2/8, 2/15, 2/22 and 3/1) $600.00 23 Leisure Services Staff Members Adult CPR/AED Training for 23 staff Sportsplex December 19 or December 21, 2022 $644.00 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Capella Magna, 622 Commercial Street C Liquor Renewal 11/3/2023 x Carlos O'Kelly's Mexican Cafe, 2060 Sovia Drive, Ste. 104 C Liquor w/Outdoor Service Renewal 12/30/2023 x Casey's General Store #3880, 1900 W. Ridgeway Avenue E Liquor Renewal 1/31/2024 x HyVee Fast and Fresh #2, 2221 Logan Avenue C Beer Renewal 1/2/2024 x Kings & Queens Club, 304 W. 4th Street C Liquor w/Outdoor Service _ New 11/17/2023 x Logan Ave Convenience Store, 735 Logan Avenue E Liquor Renewal 11/28/2023 x New Star Liquor, 1625 W. 4th Street E Liquor Renewal 12/10//2023 x Screaming Eagle, 228 E. 4th Street C Liquor w/Outdoor Service Renewal 1/13/2024 x Singlespeed Brewing Co, 325 Commercial Street Special Class A Beer / Class C Liquor w/Outdoor Service Renewal 12/31/2023 x Trucker Bar, 1915 Bourland Avenue C Liquor Renewal 12/12/2023 x The Snack Shack, 4335 Texas Street E Liquor Renewal 11/04/2023 x December 19, 2022 Page 3 1. M. n. The Snack Shack, 4335 Texas Street B Native Wine / C Beer Renewal 10/28/2023 x Waterloo Black Hawks Hockey, 125 Commercial Street C Liquor Renewal 12/15/2023 x Steamboat Gardens, 1740 Falls Avenue C Liquor Renewal 6/13/2023 x 3. Recommendation of appointment of Britni Perkins to the position of Executive Secretary to the Mayor, effective December 30, 2022. 4. Motion approving Change Order No. 7 from Woodruff Construction, of Waterloo, Iowa, for a net decrease of $244,899.10 and a change in the completion date from January 2, 2022 to December 16, 2022 in conjunction with the Wastewater Treatment Plant Biosolids Modification Project, Contract No. 994, and authorizing the Mayor to execute said document. 5. Motion to receive and place on file the 2023 Budget of the Waterloo Water Works, and authorize the City Clerk to file said documents with the Black Hawk County Auditor. 6. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 101088 - Grieder/Wilder that proof of publication of notice of public hearing on Waterloo Regional Airport - Pave Airport Fire Station Parking Lot, CARES Funded Project No. 3-19-0094-0055 (CARES), as published in the Waterloo Courier on December 5, 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. 101089 - Grieder/Wilder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 101090 - 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. 2022-755. 101091 - Grieder/Wilder Motion to receive and file and instruct City Clerk to read bids and refer to Airport Director for review. Engineer's Estimate: $161,425.00 BID SUMMARY SHEET WATERLOO REGIONAL AIRPORT ARFF STATION PARKING AREA AND ROADWAY ACCESS FAA AIP PROJECT NO. 3-19-0094-055 (CARES) AECOM PROJECT NO. 60675091 December 15, 2022 Bidder Base Bid December 19, 2022 Page 4 Vieth Construction Corporation Cedar Falls, IA $166,653.00 Lodge Construction, Inc. Clarksville, IA $166,369.00 Woodruff Construction Waterloo, IA $173,998.94 Owen Contracting, Inc. Cedar Falls, IA $186,241.20 Voice vote -Ayes: Seven. Motion carried. 101092 - Nichols/Chiles that proof of publication of notice of public hearing on Waterloo Regional Airport - Improve Terminal Building - Upgrade HVAC and CCTV Project No. 3-19-0094-054 CARES, as published in the Waterloo Courier on December 5, 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. 101093 - Nichols/Chiles that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 101094 - Nichols/Chiles 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. 2022-756. 101095 - Nichols/Chiles Motion to receive and file and instruct City Clerk to read bids and refer to Airport Director for review. Engineer's Estimate: Base Bid - $451,325.00 Alternate Bid - $33,600.00 BID SUMMARY SHEET WATERLOO REGIONAL AIRPORT IMPROVE TERMINAL BUILDING - HVAC & CCTV FAA AIP PROJECT NO. 3-19-0094-053 (CARES) AECOM PROJECT NO. 60675091 December 15, 2022 Bidder Base Bid Add Alternate Bid Woodruff Construction Waterloo, IA $759,750.00 $22,750.00 Voice vote -Ayes: Seven. Motion carried. 101096 - Feuss/Wilder that proof of publication of notice of public hearing on South Street and West 9th Street Mini - Roundabout, Iowa DOT grant Project No. CS-TSF-8155(777)--85-07, as published in the Waterloo Courier on December 9, 2022, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. December 19, 2022 Page 5 This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, commented on concerns for tractor -trailers negotiating the roundabout. Mohammad Elahi, Interim Director of Traffic Operations, provided an overview of the design plans for the mini roundabout to accommodate large truck traffic. 101097 - Feuss/Wilder that the hearing be closed and oral and written comments be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 101098 - Feuss/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. 2022-757. 101099 - Feuss/Wilder Motion to receive and file and instruct City Clerk to read bids and refer to Public Works Division Manager for review. Engineer's Estimate: $495,000.00 Bidder Bid Security Bid Amount Vieth Construction Corporation Cedar Falls, IA 5% $635,212.00 Lodge Construction, Inc. Clarksville, IA 5% $523,353.00 Peterson Contractors, Inc. Reinbeck, IA 5% $560,398.20 Owen Contracting, Inc. Cedar Falls, IA 5% $543,619.56 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 101100 - Boesen/Amos that "Resolution approving the Waterloo Convention and Visitor Bureau Board recommendation of awarding $99,000 for twelve events and two capital projects occurring in FY2023", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-758. 101101 - Boesen/Amos that "Resolution approving a Professional Services Agreement with Riverwise Engineering, LLC, of Durango, Colorado, in the amount of $580,380.00, in conjunction with final design for the construction of a whitewater course on the Cedar River in downtown Waterloo", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned what kind of impact these projects will have to the city regarding ongoing maintenance and liability. He also questioned if the city has a 6th Street dam and whether it is historical. December 19, 2022 Page 6 Jamie Knutson, City Engineer, explained there is a small dam downstream of the railroad bridge. Staff are currently looking into what modifications can be made as it is currently unsafe to allow kayaks to pass through it. As far as maintenance, there is nothing movable in there but every year in the fall, they will have to remove blocks that create ripples then reinstall them in the spring. Mayor Hart questioned the potential economic impact to a functioning white water course for the community. Noel Anderson explained that this would make the community more attractive as a destination and hopefully draw people to want to live in Waterloo. Mr. Feuss commented that the city cannot stagnate and having attractions like the white water park and the marina will draw families to the community and will pay rewards for the community through sales tax. Resolution adopted and upon approval by Mayor assigned No. 2022-759. 101102 - Boesen/Amos that "Resolution approving a Professional Services Agreement with Strand Associates, Inc., of Madison, Wisconsin, in an amount not to exceed $48,000.00, to provide bidding -related engineering services for the Third Party Renewable Natural Gas Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned the environmental impact and the anticipated benefit to the taxpayers. Randy Bennett, Public Works Division Manager, commented that currently the gas is being flared off so there is no environmental impact. He explained that the plan is to capture that gas, scrub it and turn it back into pipeline quality with the potential to be a revenue generator for the city. Mr. Chiles wanted to emphasize that this is a third party that will work on this and it will be completed in a safe manner. Resolution adopted and upon approval by Mayor assigned No. 2022-760. 101103 - Amos/Wilder that "Resolution approving Amendment No. 7 to Development Agreement with Central Property Holdings, LLC to include a grant for extra fill activities in the amount of $136,983.05, extension of the timeline to finish to October 31, 2023, and authorize the Mayor and City Clerk to sign and execute all necessary documents", be adopted. Roll call vote -Ayes: Five. Nays: One (Boesen). Abstain: One (Ms. Wilder due to being the videographer for the company). Motion carried. David Dryer, 3145 W. 4th Street, questioned how everyone in the area knew about this except for the city. Noel Anderson, Community Planning and Development Director, provided an overview of the agenda item. Mr. Amos commented that when they first started working on the project they found asbestos buried in the ground. He believes that the cost to remove that asbestos was well over $100,000. Mr. Boesen requested an overview of how the dollar amount was determined. Noel Anderson explained the funding would come out of the Logan TIF district. Mr. Boesen commented that the foundation went in two years ago and questioned if this happened at that time or if it was recent. Noel Anderson commented that some of it was from the original foundation and the rest as they have been developing the parking lot. December 19, 2022 Page 7 Mr. Boesen stated that he wants to know if this is a recent or past concern, because if it is something that they dealt with when putting in the footings, the developer should have come to us much sooner than this. Mr. Amos commented that the developer had come to him and he explained that he took pictures of the fill that was found. He told the developer to reach out to Mr. Anderson because he did not think it was right that the developer should bear the entire cost. This is not something that is just recent. Mr. Boesen shared that he finds it odd if the foundation went in two years ago these issues should have come to us two years ago. Furthermore, it was not our land to begin with. Sherman Wise, 919 Parker Street and contractor on the project, explained that the recess pond is where much of the issue lies. Rodney Anderson, 403 Franklin, commented that there has been extra costs with ongoing situations. Mr. Boesen questioned what is causing the additional 10-month delay. Rodney Anderson stated that the pandemic is causing the delays. They are still experiencing delays in supplies, which is pushing back their ability to complete construction. Mr. Chiles questioned when the building would be complete. Rodney Anderson shared that the building will be complete in August and they will be training employees in September to meet the October opening. Resolution adopted and upon approval by Mayor assigned No. 2022-761. 101104 - Amos/Wilder that "Resolution approving a Development Agreement with WBM, LLC, for the construction of two (2) commercial buildings located west of 2843 Geraldine Road, with a Minimum Assessment Agreement in the amount of $1,034,700.00, with rebates of five (5) years at 50 percent and a development grant of $250,000.00 for Phase I, and rebates of two (2) years at 50 percent for Phase II, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen questioned the purpose of the grant. Noel Anderson, Community Planning and Development Director provided an overview of the purpose of the grant. Mr. Boesen questioned if the land is valued at $250,000. Noel Anderson confirmed. Resolution adopted and upon approval by Mayor assigned No. 2022-762. 101105 - Amos/Wilder that "Resolution approving a request by the City of Waterloo, the James L. Grady Revocable Trust U/A Dated March 4, 2013 and Jeanette J. Grady Revocable Trust U/A Dated March 4, 2013, for an Easement Agreement for ingress and egress to City owned property, with a term of five (5) years ending December 31, 2027, and a yearly compensation to the owner of $500.00 per year, located adjacent to 570 West Shaulis Road, (MidAmerican Substation), 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. 2022-763. 101106 - Nichols/Feuss December 19, 2022 Page 8 that "Resolution approving changes to the City Travel and Meetings Policy, effective December 20, 2022", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-764. 101107 - Nichols/Feuss that "Resolution approving a Payment Services Agreement with Tyler Technologies, Inc. and Nvoicepay, Inc., for accounts payable automation, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned the purpose of an outside payment service. Bridgett Wood, Finance Manager, explained how the payment service works and the payment options that would be available for vendors. Mr. Boesen questioned how errors would be handled. Bridgett Wood explained that all the same checks and balances are still in place. Resolution adopted and upon approval by Mayor assigned No. 2022-765. 101108 - Nichols/Feuss that "Resolution approving a Professional Services Agreement with Municipal Collections of America, Inc., for debt collection services for the City of Waterloo, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-766. 101109 - Feuss/Chiles that "Resolution directing filling Ward 4 City Council vacancy by appointment", be adopted. Mayor Hart shared that today they received a petition calling for a special election and asked that council push this item to January 3, 2023 so that he can have a conversation with the county auditor to look at timeframes. 101110 - Boesen/Chiles To postpone the resolution to January 3, 2023. Voice vote vote -Ayes: Seven. Motion carried. ORDINANCES 101111 - Grieder/Amos 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 second time. Roll call vote -Ayes: Six. Nays: One (Boesen). Motion carried. 101112 - Grieder/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Boesen). Motion carried. 101113 - Grieder/Amos 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 December 19, 2022 Page 9 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 third time and adopted. Roll call vote - Ayes: Six. Nays: One (Boesen). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5676. 101114 - Feuss/Wilder that "an ordinance amending the City of Waterloo Code of Ordinances by Adding Section 3, Failure to Pay, Chapter 3, General Penalty, Title 1, Administration, be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 101115 - Feuss/Wilder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 101116 - Feuss/Wilder that "an ordinance amending the City of Waterloo Code of Ordinances by Adding Section 3, Failure to Pay, Chapter 3, General Penalty, Title 1, Administration, 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. 5677. ADJOURNMENT 101117 - Chiles/Wilder that the Council adjourn at 6:35 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk