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HomeMy WebLinkAbout01.3.2023_Regular_Session_MinutesJanuary 3, 2023 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Tuesday, January 3, 2023. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Nichols, Amos, Grieder, Wilder and Feuss, joined the meeting. Absent: Chiles. Prayer or Moment of Silence. Pledge of Allegiance: Jerome Amos, Ward 4 Council Member 101130 - Feuss/Wilder that the Agenda, as amended, to add $44,800.00 to the amount not to exceed in Resolution No. 9; and the removal of Items 1.A.17 and 1.B.4 from the Consent Agenda, for further discussion, for the Regular Session on Tuesday, January 3, 2023, at 5:30 p.m., be accepted and approved. Voice vote - Ayes: Six. Motion carried. 101131 - Feuss/Wilder that the Minutes, as proposed, for the Regular Session on Monday, December 19, 2022at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Recognition of Waterloo Youth City Council. PUBLIC COMMENTS Mr. Grieder thanked everyone's efforts with the Youth City Council. Ms. Wilder announced the next date of her ward meeting. She also shared that it was her, Mr. Nichols, and Mr. Chiles's anniversary as a council member. Mr. Amos shared a few words about his service as a city council member and that he would be resigning effective tomorrow. Mayor Hart recognized Mr. Amos for his service on city council. 101132 - Feuss/Wilder that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA 101133 - Feuss/Wilder that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated January 3, 2023, in the amount of $6,194,935.99, 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. 2023-001. 2. Resolution accepting Anti -Heroin COPS Grant funds as a sub -recipient from the Governor's Office of Drug Control Policy, in the amount of $7,000.00, with no matching funds required, to provide overtime funds to assist in mid and high level heroin investigations, and authorizing the Mayor and Chief of Police to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2023-002. 3. Resolution approving submission of Pauline R. Barrett Charitable Foundation Grant application in the amount of $500,000.00 for the Transforming Gates and Byrnes Parks Project. January 3, 2023 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2023-003. 4. Resolution awarding bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $523,353.00, in conjunction with the South Street and West 9th Street Mini -Roundabout, Iowa DOT Grant Project No. CS-TSF-8155(777)--85-07, approving the contract, bond and certificate of insurance, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2023-004. 5. Resolution approving Acknowledgment/Settlement Agreement -First Violation for Hy-Vee Food Store No. 2, 2221 Logan Avenue, Waterloo, Iowa 50703, Tobacco Violation, and accepting check for civil penalty of $300.00. Resolution adopted and upon approval by Mayor assigned No. 2023-005. 6. Motion to approve Final Quantity Summary, in conjunction with the FY 2023 Levee Rip Rap Spraying, Contract No. 1065, 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 Landmark Turf Services, LLC., of Dunkerton, Iowa, in the amount of $48,142.00, in conjunction with the FY 2023 Levee Rip Rap Spraying, Contract No. 1065, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2023-006. 8. Resolution approving the request of Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $130,000.00, for property located at 4302 Mourning Dove Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-007. 9. Resolution approving the request of Robson Homes Inc, for tax exemptions on the construction of a new twin home unit valued at $130,000.00, for property located at 4332 Mourning Dove Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-008. 10. Resolution approving the request of Robson Homes Inc, for tax exemptions on the construction of a new twin home unit valued at $130,000.00, for property located at 4232 Mourning Dove Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-009. 11. Resolution approving the request of Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $130,000.00, for property located at 4230 Mourning Dove Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-010. 12. Resolution approving the request of Robson Homes Inc, for tax exemptions on the construction of a new twin home unit valued at $130,000.00, for property located at 4320 Mourning Dove Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-011. 13. Resolution approving the request of Robson Homes Inc, for tax exemptions on the construction of a new twin home unit valued at $130,000.00, for property located at 4322 Mourning Dove Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-012. January 3, 2023 Page 3 1. a. 14. Resolution approving the request of Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $130,000.00, for property located at 4310 Mourning Dove Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-013. 15. Resolution approving the request of Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $130,000.00, for property located at 4312 Mourning Dove Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-014. 16. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as January 19, 2023 and date of public hearing as February 6, 2023, in conjunction with Asbestos Abatement Services, Contract No. AB-2023-02-04P, for properties located at 1804 E. 4th Street, 207 Lafayette Street, 208 Sunnyside Avenue, and 637 Ankeny Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-015. 17. Resolution setting a date of public hearing as January 17, 2023 to support, approve and authorize submittal of the nomination of the Friedl Bakery Building, located at 302 Commercial Street, to the National Register of Historic Places, and authorize the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2023 18. Resolution setting date of public hearing as January 17, 2023, to approve a Site Plan Amendment request by Downing Construction, on behalf of Smith Family Dentistry, to construct a new 7,407 square foot dentist office in the "R-4, R-P" Planned Residence District, located east of 4020 Bankers Boulevard, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-016. 19. Resolution setting date of public hearing as January 17, 2023, to approve the request by Mann Road Storage, LLC for a rezone of approximately 0.32 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District for a new storage facility, at the former K-Mart site, located adjacent to 3810 University Avenue, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-017. 20. Resolution setting date of public hearing as January 17, 2023 to approve the request by C 10 Investments, LLC, to vacate a utility easement adjacent to the Ridgeway Avenue right-of- way located east of 115 East Ridgeway Avenue, in the "S-1" Shopping Center District, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-018. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Rebecca Johnson, Human Rights Specialist and Nancy Culpepper, Human Rights Administrative NCRA Just Economy Conference 2023 Washington D.C. March 28- 30, 2023 $3,820.00 Secretary January 3, 2023 Page 4 b. c. d. e. f. g. Jennifer McGee, Bookkeeper/Administrative Asst., Beverly Cosby, Housing Coordinator, Senada Muhic, Housing Coordinator, Wanda Dorris, Housing Coordinator, Dana Jackson, Housing Inspector, Rick Kirby, Ridgeway Towers Maintenance Mental Health One Day Training West Des Moines, IA January 19, 2023 $480.00 Bob Jorgensen, Golf Superintendent, and Vacant Golf Superintendent Position 2023 Turfgrass Conference Des Moines, IA February 14- 16, 2023 $470.00 Dennis Gentz, PE, Assistant City Engineer Iowa Concrete Paving Association (ICPA) Annual Workshop Des Moines, IA February 1- 3, 2023 $507.60 Noel Anderson, Community Planning & Development Director and Jamie Knutson, City Engineer Prospect presentation Atlanta, GA October 10- 11, 2022 $2,805.00 (amended) Nathan Hinders, Firefighter Paramedic School, Kirkwood College Cedar Rapids, IA January 17, 2023 through May 8, 2024 $14,012.50 Jacob Helgeson, Firefighter Paramedic School - Hawkeye Community College Waterloo, IA August 22, 2022 - July 2023 $12,000.00 2. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Star Rupe Main Street Waterloo Redevelopment Authority December 31, 2023 New Jeanne Miller Main Street Waterloo Redevelopment Authority December 31, 2023 New Zach Hansen Main Street Waterloo Redevelopment Authority December 31, 2023 Re -Appointment Brandon Alvarado Main Street Waterloo Redevelopment Authority December 31, 2023 Re -Appointment Michael Huisman Main Street Waterloo Redevelopment Authority December 31, 2023 Re -Appointment Nick Hedrick Main Street Waterloo Redevelopment Authority December 31, 2023 Re -Appointment Brendon Wagner Main Street Waterloo Redevelopment Authority December 31, 2023 Re -Appointment 3. Motion approving Recycling Yard License Applications as listed in Exhibit A. 4. Motion to deny Recycling Yard License Applications as listed in Exhibit A. 5. Motion to approve the appointment of Dejana Van Gundy to the position of Records Clerk II in the Police Department, effective January 4, 2022. Roll call vote -Ayes: Six. Motion carried. January 3, 2023 Page 5 101134 - Feuss/Boesen 1.A.17 Resolution setting a date of public hearing as January 17, 2023 to support, approve and authorize submittal of the nomination of the Friedl Bakery Building, located at 302 Commercial Street, to the National Register of Historic Places, and authorize the Mayor and City Clerk to execute said documents. Roll call vote -Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned where this building is located. Mayor Hart explained the location of the property. Resolution adopted and upon approval by Mayor assigned No. 2023-019. 101135 - Boesen/Feuss 1.B.4. Motion to deny Recycling Yard License Applications as listed in Exhibit A. Roll call vote - Ayes: Six. Motion carried. Mr. Boesen questioned what happens when the license is denied. Noel Anderson, Community Planning and Development Director, explained the denial. PUBLIC HEARINGS 101136 - Feuss/Grieder that proof of publication of notice of public hearing on Logan Avenue (US 63) from Donald Street to Newell Street Traffic Adaptive System, Iowa DOT Grant Project No. ICAAP-SWAP-8155(781)-- SH-07., as published in the Waterloo Courier on December 27, 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. 101137 - Feuss/Grieder that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. 101138 - Feuss/Grieder that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-020. 101139 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. Bidder Total Bid Amount K&W Electric, Inc. $162,450.00 Voltmer, Inc. $196,463.00 Price Industrial Electric, Inc. $278,500.00 Voice vote -Ayes: Six. Motion carried. 101140 - Feuss/Grieder January 3, 2023 Page 6 that "Resolution awarding bid to KW Electric of Cedar Falls, Iowa in the amount of $162,450.00, in conjunction with the Logan Avenue (US 63) from Donald Street to Newell Street Traffic Adaptive System, Iowa DOT Grant Project No. ICAAP-SWAP-8155(781)--SH-07, approving the contract, bond and certificate of insurance, 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. 2023-021 RESOLUTIONS 101141 - Feuss/Nichols that "Resolution directing filling Ward 4 City Council vacancy by appointment", be adopted. Todd Obadal, 124 Amity Drive, commented that he supports the idea of holding a special election and suggested that council was suppressing the citizen's right to vote on the matter. Mayor Hart took exception to some of Mr. Obadal's comments. An exchange between the two took place before the Mayor motioned for the Chief of Police to escort Mr. Obadal from council chambers. Lawrence Marshall, 1024 Mobile Street, commented that he stands in agreement with however the council votes. Beverly Cosby, 315 Wendell Court, commented that they want a leader that is qualified and knows what the 4th Ward need. She is in favor or a special election. Mayor Hart commented on the Democratic Process. Roll call vote -Ayes: Six. Motion carried. 101142 - Feuss/Grieder To amend by calling for a special election to be held on March 7th. Roll call vote -Ayes: Six. Motion carried. Mr. Amos commented that he is vacating this position but he is concerned about the cost about holding the election and that nobody will be in position until March. He commented that he does not believe this is an appropriate direction. He further expressed that he believes people did not fully understand why they were signing the petition. Mr. Boesen commented that at this point he is in favor of holding a special election. Mr. Nichols shared that Mr. Nichols and Mr. Boesen will fill in to represent Ward 4 during the vacancy. Resolution adopted and upon approval by Mayor assigned No. 2023-022. 101143 - Boesen/Nichols that "Resolution approving a request by Big Hand Pepper, LLC for the Final Plat of Edison Addition, a 32-lot residential subdivision in the "R-1,R-P" Planned Residence District and "C-P" Planned Commercial District located west of 420 Harwood Avenue", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-023. 101144 - Boesen/Nichols that "Resolution approving an Acquisition Contract with Hawkeye Community Foundation, Inc., to acquire 1.72 acres of right-of-way and approving a temporary easement agreement for 1.33 acres, in the amount of $4,009.71, and up to $1,000.00 in closing costs, located east of 6216 Hammond Avenue, in conjunction with the Hammond Avenue Sink Creek Bridge Construction Project, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried. January 3, 2023 Page 7 Resolution adopted and upon approval by Mayor assigned No. 2023-024. 101145 - Boesen/Nichols that "Resolution approving Study Proposal with InVision Architecture for the study of the Waterloo Center for the Arts building, for potential space sharing with Waterloo Community Playhouse, in the amount of $17,500.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned why the individual in charge of the Center for the Arts is not doing this study. Noel Anderson, Community Planning and Development Director, provided an overview of the item and explained that the potential renovations require the expertise of an architect and engineer. Resolution adopted and upon approval by Mayor assigned No. 2023-025. 101146 - Grieder/Wilder that "Resolution approving an Amendment to a Development Agreement with Arts Mall Properties, LLC, adding wording to allow access to the building through City -owned property, 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. 2023-026. 101147 - Grieder/Wilder that "Resolution approving an Amendment to a Development and Minimum Assessment Agreement with Gray Transportation, Inc., for the addition of five (5) years at 75 percent tax rebates, due to additional improvements at the site for drainage, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-027. 101148 - Grieder/Wilder that "Resolution approving Supplemental Agreement No. 7 to a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, originally executed October 10, 2016, in an amount not to exceed $44,800.00, in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek Project, Contract No. 922, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-028. 101149 - Nichols/Wilder that "Resolution approving Addendum No. 1 to a Professional Services Agreement with Robinson Engineering Company of Independence, Iowa, originally executed April 5, 2021, in an amount not to exceed $99,050.00, in conjunction with the FY 2022 North Crossing Area Study, Contract No. 1050, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-029. 101150 - Nichols/Wilder that "Resolution approving a Software Service Agreement with Tyler Technologies, Inc., for Tyler Time and Attendance Software (ExecuTime), in an amount not to exceed $88,300.00, 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. 2023-030. January 3, 2023 Page 8 101151 - Nichols/Wilder that "Resolution approving changes to the City Credit Card Policy, effective January 4, 2023", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-031. 101152 - Nichols/Wilder that "Resolution approving a Professional Services Agreement with Magellan Advisors, LLC, in an amount not to exceed $949,000.00, for project and construction management and inspections services for the fiber backbone and fiber -to -the -home network project implementation in 2023, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Mr. Grieder expressed is support of the item. Resolution adopted and upon approval by Mayor assigned No. 2023-032. ORDINANCES 101153 - Amos/Wilder that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 2, Municipal Seal, of Chapter 2, Municipal Charter and Seal, Title 1, Administration, and enacting in lieu thereof a new Section 2, City Seal and Logo", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Forest Dillavou, 1725 Huntington Road, commented that he is concerned about the timing and cost of this expense. 101154 - Amos/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. 101155 - Amos/Wilder that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 2, Municipal Seal, of Chapter 2, Municipal Charter and Seal, Title 1, Administration, and enacting in lieu thereof a new Section 2, City Seal and Logo", 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. 5678. ADJOURNMENT 101156 - Grieder/Amos that the Council adjourn at 6:25 p.m. Voice vote -Ayes: Six. Motion carried. Kelley ¶Fe(chle Kelley Felchle City Clerk