HomeMy WebLinkAbout09/18/2023 - Regular Session *** Proof of Publication ***
State of Iowa
Black Hawk County
Waterloo, City of - Legals
Accounts Payable
715 MULBERRY ST.
WATERLOO IA 50703
ORDER NUMBER 230345
The undersigned, being duly sworn, on oath, do depose and say that I
am an authorized employee of the Waterloo Cedar Falls Courier, that
The Waterloo Cedar Falls Courier is a weekly newspaper regularly
published and printed in the English language in the City of Waterloo,
Black Hawk County, Iowa, and has a general circulation in the said
city and county; and that I personally know that the notice, a true copy
of which is hereto affixed, was published in the Waterloo Cedar Falls
Courier on the following days, to-wit:
Section: Legals
Category: 950 Legal Notice
PUBLISHED ON: 10/03/2023
TOTAL AD COST: 460.29
FILED ON: 10/3/2023
That the issues of said paper containing said notice were duly
circulated in the regular manner.
DANINE GLASCOCK
z Commission Number 810108
My Commission Expires
/OWN April 17,2024
£Q 4
Notar Public in and for Said" CountyY
*** Proof of Publication ***
September 18,2023
The City Council of the City of Waterloo,
Iowa,met in Regular Session at Harold E.
Getty Council Chambers,Waterloo,Iowa,
at 5:30 PM,on Monday.September 18,
2023.
Roil Call.
Mayor Quentin Hart in the Chair. Roll
Call: Mr. Beeson, Mr. Nichols, Ms.
Creighton-Smith,Mr.Chiles,Mr.Grieder,
Ms.Wilder and Mr.Feuss.
Prayer or Moment of Silence.
Pledge of Allegiance,Kelley Fetchle.City
Clerk.
Approvalmended of Agenda, as proposed or
Feuss/Chiles
that the agenda as amended by adding
the award of bid for Public Hearing Item 5
to CellOite Solutions, LLC, of Cedar
Rapids, Iowa, in the amount of
$121,500.00, and to remove Ordinance
hem 1, an ordinance establishing a
sidewalk cafe program, be approved.
Voice vote-Ayes:Seven.Motion carried.
Approval of Minutes of September 5
2023. Counch Regular Session as
proposed or amended.
Feuss/Chiles
that the minutes for September 5,2023,
Regular Session, as proposed, be
approved. Voice vote-Ayes: Seven. Mo-
tion carried.
Proclamation declaring September 23
2023.as Women in Politics Day
Proclamation declaring September 18-22
2023 as Constitution Week.
PUBLIC COMMENTS
Mary Potter, 1416 W.4th Street,shared
information about upcoming events the
Grout Museum is hosting in the month of
October.
Rich Kurtenbach, 238 Normandy Street,
spoke as a representative of IBEW 288,
explaining that it has been one year since
IBEW volunteers came to downtown
Waterloo to hang lights in the Expo
Center in downtown Waterloo.He shared
that he wished the local news outlets had
put more publicity out there about the
tremendous volunteer work they provided.
Lawrence Stumme, 1008 Lois Lane,
shared comments regarding dilapidated
housing in Waterloo.
Michael Blackwell,5125 Millennium Drive,
Cedar Falls, questioned what the com-
munity will do to address and re-address
racial disparity in our community.
Bobby Jo Paige, Grundy County, com-
mented that she had sent a text message
to EPA with her concems and they
responded. She shared her concerns
about contaminated groundwater and that
the city only has 18 inches of uncontami-
nated dirt.She said that the water that is
contaminated is flowing west toward
homes and questioned who is helping
homeowners monitor their risks.She said
EPA recommended ongoing monitoring
and shared that EPA is not doing the
monitoring.
Todd Obadal,124 Amity Drive,commen-
ted on contamination at the old Chamber-
lain Manufacturing site due to its
manufacture and assembly of munitions
in the early 70's.
Forest Di'lavoff, 1725 Huntington Road,
commented that at the last council
meeting the city approved action to clean
up a site at the former John Deere site for
a proposed building, He shared he was
told the funds would come from the
downtown TIE and wanted to confirm that
was true. He questioned who would
manage the project.
Feuss/Grieder
to close public comments. Voice vote-
Ayes:Seven.Motion carried.
CONSENT AGENDA
Feuss/Chiles
that the following items on the consent
agenda be received and placed on file
including the payment of bills for
September 11, 2023, in the amount of
$1,174,350.58,and September 18.2023,
in the amount of$2,521,954.86.Roll Call
vote-Ayes:Seven.Motion carried.
Bills Payment Finance Committee In-
voice Summary Report,a copy of which is
on file Si the office of the City Clerk.
Resolution adopted and upon approval by
Mayor assigned No.2023-551.
A resolution stating the City Will not use
eminent domain powers for the installa-
tion of fiber optics as part of EDA Project
Phase II Fiber Expansion. Grant No.
45-79-06185 antl authorizing the Mayor
and Ciiy Clerk toe cute doc a-ne tt
Resolution adopted and upon approval by
Mayor assigned No.2023-552.
Resolution approving the sale of a Ford
t„nnlnr in tFo amn„nt ni Vann nil in r1M,
*** Proof of Publication ***
Stanley.
Resolution adopted and upon approval by
Mayor assigned No.2023-553.
Resolution approving the request of Jodi
McKinstrv. for a waiver for a concrete
driveway located at 930 Kingsley Ave-
nue approach on Vernon Avenue. and
authorizing the construction of a concrete
driveway and placing a driveway or
sidewalk on the city right-of-way on an
unimproved street.
Resolution adopted and upon approval by
Mayor assigned No.2023-554.
Resolution setting date of public hearing
as October 2.2023,to approve a request
by the City of Waterloo to vacate a
45-foot utility easement along the south
Rfanerty line of lot 6 of Wagner Road
Subdivision in the "M-1" it I�ustrial
District, located north of 3488 Wagner
Road. and instruct the City Clerk to
publish notice.
Resolution adopted and upon approval by
Mayor assigned No.2023-555.
Resolution setting date of public hearing
as October 2,2023,to approve a request
by M&MB Leoacv for a Site Plan
Amendment for a 5,990 square foot
commercial building in the "M-2.P"
Planned Industrial District located south-
east of 2425 GT Drive,end instruct the
City Clerk to publish notice
Resolution adopted and upon approval by
Mayor assigned No.2023-556.
Resolution setting a date of public hearing
As October 2.2023 to approve a reouesf
by PMW Companies,LLC.for Site Plan
Amendment in the 'B-P Business Park
District for commercial development In-
cluding two 138,000 square foot build-
ings.one 20.000 square foot building,and
one 5.000 square foot commercial
buildino N phase one and 425 000 square
feet of buildings in future phases located
north and east of 4719 Ansborough
Avenue at the southeast corner of the
Ansborough Avenue and US Highway 20
interchange and instruct the City Clerk to
publish notice.
Resolution adopted and upon approval by
Mayor assigned No.2023-557.
Resolution setting date of public hearing
as October 2. 2023. for the sale and
conveyance of city-owned prgg ylgca-
c
ted at 628 W. Parker Street in the
amount of$11,000.00.to Kevin E. Pose
acid Michelle L. Rose including a
Development Aareement.and instruct the
City Clerk to publish notice
Resolution adopted and upon approval by
Mayor assigned No.2023-556.
Resolution settina date of public hearing
as October 2, 2023. for the sale and
conveyance of city-owned property loca-
ted at 1525 Oakwood Drive. In the
amount of$15.100.00,to Castro Proper-
ties LLC including a Development
Agreement,and instruct the City Clerk to
publish notice.
Resolution adopted and upon approval by
Mayor assigned No.2023-559.
Resolution approving Completion of Proi-
act and Recommendation of Acceptance
of Work for work performed by Peterson
Contractors, Inc-, of Reinbeck. Iowa. in
the amount of$1,309.693,51.in conjunc-
tion with the FY 2077 Hvoer DrivP
A.LS.E.Proiett,Contract No. 1051.and
receive and file a two-year maintenance
bond.
Resolution adopted and upon approval by
Mayor assigned No,2023-560.
Resolution approving cancellation of
assessments for properties listed on
Exhibit A and authonwng the City Clerk
to notify the Black Hawk County
Treasurer of said cancellation.
Resolution adopted and upon approval by
Mayor assigned No.2023-561.
Resolution approving a Variance to the
Noise Ordinance Application from Chad
Shipman.for the Iowa Oktoberfest event
to be held on September 29 and 30
2023.from 11:00 a.m.to 11:00 p.m.,at
518 Sycamore Street includinglive music
end the use of a PA system
Resolution adopted and upon approval by
Mayor assigned No.2023-562.
Motion to receive and place on file the
City of Waterloo's submitted 509A
Application for Renewal and Statement of
Actuarial Opinion for FYE2023.
Motion approving Change Order No, 3
with Municipal Pipe Tool Co.. LLC of
Hudson. Iowa. for a net increase of
$64.081 50.in conjunction with FY 202'1
CIP Pipelinina Phase IVA3 Project
Contract No. 1063, and authorizing the
Mayor to execute said document.
Motion approving the appointment of
Lontavtus Jordan from the current Civil
Service list to the position of Rehab
Specialist in the Community Development
Department effective October 2.2023.
*** Proof of Publication ***
Motion approving appointment of Yvonne
grimmer to the Position of Administrative
Secretary in the Public Works Depart-
ment effective September 25. 2023
pending pre-employment physical and
drug testing,.
Motion approving the ntm apooent of
Tracey Southall from the current Civil
Service list to the position of Housing
Manager in the Community Development
Department. effective September 25
2023.
Brandon Schoboro Board/Commission:
Planning and Zoning Commission Expi-
ration Date:9/18/2026 Renewal.
Arlene Humble Board/Commisslon: Air-
port Board Expiration Date: 9/18/2027
(New
Communication from the Enoineering
Department on the notice of the conclu-
sion of employment of Dennis Gentz
Assistant City Engineer.effective August
18, 2023, with recommendation of
approval of Devout of $26.152.04 for
unused benefits
Communication from the Library Depart-
ment on notice of the conclusion of
employment of Kay Miller,Library Assis-
tant, effective August 20. 2023. with
recommendation of approval of Devout of
1.420¢8 for unused benefits
Communication from the Library Depart-
ment on notice of the conclusion of
employment of Deborah Antis. Library
Assistant,effective August 19 2023 with
recommendation of approval Of payout of
$5,511.53 for unused benefits.
1 igonr Lkwnses
a.Bamboo Ritlge Campground,4550 La
Porte Rd. Class B Alcohol w/Sundav
Saks(New)Ems:9/13/2024.
b.Landmark Commons, 1400 Maxhelen
Blvd..Class F Alcohol w/Outdoor Service
and Sunday Sales(Renewal) Exo: 8/31
/2024.
a Prime Mart 5.508 Broadway St..Class
E Alcohol w/Sunday Sales (Renewal)
Exp:9(15/2024
d.All in Grocers,221 Franklin St..Class
E Alcohol w/Sunday Sales(New)al):9
/24/2024.
e.Anton's Garden. 518 Sycamore St,
Class C Alcohol w/Outdoor Service and
Sun..y Sales(New-Extending Outdoor
Sales from 9/29-30/2023)Exo:10/1/2023
Bonds.
PUB JC H ARINC_S
Waterloo Public Library 2023 Interior
Renovations Proiect.Contract No.28439
Grieder/Nichok
to receive and file proof of publication of
notice of public hearing.Voice vole-Ayes:
Seven.Motion carded.
This being the time and place of the
public hearing, the Mayor called for
written and oral comments and there
were none. •
Grieder/Nichols
to close the hearing. Voice vote-Ayes:
Seven.Motion carried.
Grieder/Nichols
Resolution confirming approval of specifi-
cations,bid documents,form of contract,
etc.,and authorizing to proceed.Roll call
vote-Ayes:Seven.Motion carried. Reso-
lution adopted and upon approval by
Mayor assigned No.2023-563.
David Eckert, Library Director, provided
an overview of the renovation project.
Grieder/Nichols
to receive,file,and instruct the City Clerk
to mad the bids.Voice vote-Ayes:Seven.
Motion carried.
Waterloo Public Library 2023 Interior
Renovation Project,Contract No,28439.
Engineer's Estimate:$270,000.00/Alt 1:
$44,000.00/ Alt 2: $15,000.00/ All 3:
$2,500.00
Woodruff Construction,Waterloo,IA-5%
Bid Security - Base Bid Amount:
$289,700.00/Alt 1 Deduct:$35,000.00/
Alt 2 Deduct:$25,000.00/Alt 3 Deduct:
$900.00
Grieder/Nichols
Resolution approving award of bid to
Woodruff Construction of Waterloo,Iowa,
base bid amount of $289,700.00 with
Alternate 2 deducted in the amount of
$25,000.00 for a total award of bid in the
amount of $264,700.00, approving the
contract, bonds, and certificate of insur-
ance, in conjunction with the Waterloo
Public Library 2023 Interior Renovations
Project,Contract No.28439,and author-
izing the Mayor and City Clerk to execute
said documents.Resolution adopted and
upon approval by Mayor assigned No.
2023-564.
Sale and conveyance of city-owned
property located at 3921 Midway Drive.in
the amount of $15 000.00, to Dustin
Arends d/b/a Arends Investments.includ-
*** Proof of Publication ***
no a uevelornnem ngreemem.
Chiles/Wilder
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Seven.Motion carried.
This being the time and place of the
public hearing, the Mayor called for
written and oral comments and there
were none.
Chiles,/ilder
to close hearing.Voice vote-Ayes:Seven.
Motion carried.
Chiles/Wilder
Resolution approving the sale and
conveyance of city-owned property loca-
ted at 3921 Midway Drive,In the amount
of $15,000.00, to Dustin Arends d/b/a
Arends Investments,and authorizing the
Mayor and City Clerk to execute said
documents. Roll call vote-Ayes: Seven.
Motion carried. Resolution adopted and
upon approval by Mayor assigned No.
2023-565.
Chiles/Wlider
Resolution approving a Development
Agreement with Dustin Arends d/b/a
Arends Investments, in conjunction with
the demolition of the existing home at
3921 Midway Drive and construction of a
duplex on the properly, and authorizing
the Mayor and City Clerk to execute said
document. Roll call vote-Ayes: Seven.
Motion carried. Resolution adopted end
upon approval by Mayor assigned No.
2023-566.
FY 2024 Sidewalk Repair Assessment
Program -Zone 3 Proiect. Contract No
1082.
Nichols/Chiles
to receive and file proof of publication of
notice of public hearing.Voice vole-Ayes:
Seven.Motion carried.
This being the lime and place of the
public hearing, the Mayor called for
written and oral comments.
Rebecca Curran, 1608 Scott Avenue,
shared that she owns property located at
1429 W. 3rd Street and would like to
appeal the proposed assessment on that
property. She explained that they had
completed work on the sidewalk in April
and listed her masons for requesting the
appeal.
Mayor Hart commented on Ms.Curran's
concerns and stated that engineering staff
would be available for her to speak with
following the public hearing.
Nichols/Chiles
to close the hearing and receive and file
oral comments.Voice vote-Ayes:Seven.
Motion carried.
Nichols/Chiles
• Resolution adopting Proposed Resolution
of Necessity, as proposed or amended.
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-567.
Nichols/Chiles
Resolution approving proposed construc-
tion of sidewalk improvements. Roll call
vote-Ayes:Seven.Motion carried. Reso-
lution adopted end upon approval by
Mayor assigned No.2023-568.
Nichols/Chiles
Resolution to fix the value of lots.Roll call
vote-Ayes:Seven.Motion carried. Reso-
lution adopted and upon approval by
Mayor assigned No.2023-569.
Nichols/Chiles
Resolution to adopt the proposed plat and
schedule of assessments and estimate of
costs.Roll call vote-Ayes:Seven.Motion
carried. Resolution adopted and upon
approval by Mayor assigned No. 2
023-570.
FY 2024 Sidewalk Repair Assessment
Program-Zone 3 Proiect.Contract No
1082.
Feuss/Wilder
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Seven.Motion carried.
This being the time and place of the
public hearing, the Mayor called for
written and oral comments and them
were none.
Feuss/Wilder
to close the hearing. Voice vote-Ayes:
Seven.Motion carried.
Feuss/Wilder
Resolution confirming approval of specifi-
cations,bid documents,form of contract,
etc.,and authorizing to proceed.Roll call
vote-Ayes:Seven.Motion carried. Reso-
lution adopted and upon approval by
Mayor assigned No.2023-571.
Fuess/Wilder
to receive,file,and instruct the City Clerk
to read the bids.Voice vote-Ayes:Seven.
Motion carried.
FY 2024 Sidewalk Repair Assessment
*** Proof of Publication ***
Engineer's Estimate:$299,952.21
Midwest Concrete,Inc.,Peosta,IA-5%
Bid Security-$204,741.70
Brock Even Construction,LLC,Jesup,IA
-5%Bid Security-$171,241.25
JO Construction,LLC,Washburn,IA-5%
Bid Security-$205,507.73
FeusslWilder
Resolution approving award of bid to
Brock Even Construction,LLC,of Jesup,
Iowa, in the amount of $171,241.25,
approving the contract, bonds, and
certificate of insurance, in conjunction
with the FY 2024 Sidewalk Repair
Assessment Program - Zone 3 Project,
Contract No. 1082, and authorizing the
Mayor and City Clerk to execute said
documents. Roll call vote-Ayes: Seven.
Motion carried. Resolution adopted and
upon approval by Mayor assigned No.
2023-572.
Prefabricated Shelter at 3233 Ansbor-
ough Avenue Project Contract No.1087.
Creighton-Smith/Chiles
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Seven.Motion earned.
This being the time and place of the
public hearing, the Mayor called for
written and oral comments.
David Dryer, 3145 W. 4th Street,
questioned the purpose of the shelter and
requested more transparency in the
council communications.
Rich Kurtenbach, Telecommunications
Utility Board of Trustees, provided an
overview of the project and the prefabri-
cated shelter.
Creighton-Smith/Chiles
to close the hearing and receive and file
oral comments.Voice vote-Ayes:Seven.
Motion carried.
Creighton-Smith/Wilder
Resolution confirming approval of specifi-
cations,bid documents,foam of contract,
etc.,and authorizing to proceed.Roll call
vote-Ayes:Seven.Motion carried. Reso-
lution adopted and upon approval by
Mayor assigned No.2023-573.
Creighton-Smith/Chiles
to receive,file,and instruct the City Clerk
to read the bids.Voice vote-Ayes:Seven.
Motion carded.
Prefabricated Shelter,Contract No.1087
CellSite Solutions,Cedar Rapids,IA-5%
Bid Security - Base Bid Amount:
$121,500.00 - No Alternate A bid
provided.
Creighton-Smith/Chiles
Resolution approving award of bid to
CellSite Solutions,of Cedar Rapids,Iowa,
in the amount of$121,500.00,approving
the contract, bonds, and certificate of
insurance,in conjunction with the Prefab-
ricated Shelter at 3233 Ansborough
Avenue Project, Contract No. 1087,and
authorizing the Mayor and City Clerk to
execute said documents. Roll call vote-
Ayes: Seven. Motion carried. Resolution
adopted and upon approval by Mayor
assigned No.2023-574.
RESOLUTIONS
Resolution approving a Professional
Services Agreement with Fishbeck of
Kalamazoo Michigan. in the amount of
$46.327.00 with optional services in the
Amounts of$2 204,00 for additional data
collection dates $4,600.00 for aeoloca-
lion and condition of street meters and
$4,240.00 for initial findings 50 cement
workshop(onsitek in coniunction with the
Comprehensive Downtown Parking
Study. and authorizing the Mayor to
execute said document.
Feuss/Chiles
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-575.
Resolution arorovina a Vehicle and Fuel
Maintenance Agreement with the Munici-
pal Telecommunications Utility of the City
of Waterloo, in the amount of 5.05 per
gallon above the once paid by City
departments for fuel and$56.00 oer hour
for vehicle maintenance Service Techni-
cian services,and authorizing the Mayor
and City Clerk to execute said docu-
ments.
Feuss/Chiles
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-576.
Resolution approving an agreement with
the Municipal Telecommunications Utility
of the City of Waterloo.in the amount of
A1,000.00 par month for administrative
office space and two parking stalls cost
to increase to$2.000.00 per month as the
utility expands and needs room for
construction eauipmert seethes mezZa-
nne and outdoor space. $45.00 per
*** Proof of Publication ***
nurse Vol UINne Isle a alu-etnu uasls Ut
electric utilities based on occupied souare
foots an aut ' in the and
City lerk to execute said documents.
Feuss/Chiles
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-577.
David Dryer, 3145 W. 4th Street,
questioned who is the Municipal Telecom-
munications Utility, when it was formed
and how the leases with the City would
work.
Mayor Hart explained that the utility was
formed in 2005 by a city-wide vote and
that the utility will be paying the City of
Waterloo to utilize our facility space,
vehicle maintenance and fuel.
Randy Bennett, Public Work Division
Manager, explained that the utility will
provide their own vehicles and the city will
provide fuel and maintenance.
Resolution eoprovina the renewal 01 a
Janitorial Services Agreement with Mid-
west Janitorial Service.Inc..of Hiawatha
Iowa, in the amount of $11.399.62 per
Month. effective September 1. 2023
through August 31.2025.and authorizing
the ryor to execute said document
Creighton-Smith/Nichols
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-578.
Mr. Boesen asked that the janitorial
service clean the council chambers more
often.
Resolution approving a Service Agree-
ment with Electrical En ineerina and
Equipment Company of s Moines
town. in the amount of 7,700.00 per
y€ar,JoLe period of three years ending
August 2026 and authorizing the Mayor
prig Clerk to execute said document.
Creighton-Smith/Nichols
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-579.
ORDINANCES
Removed from agenda per amendment.
ADJOURNMENT
Feuss/Chiles
that the meeting adjourn at 6:28 p.m.
Voice vote-Ayes:Six,Motion carried.
Kelley Felchle
City Clerk