HomeMy WebLinkAbout12/4/2023 - Reggular Session *** Proof of Publication ***
State of Iowa
Black Hawk County
Waterloo, City of- Legals
Accounts Payable
715 MULBERRY ST.
WATERLOO IA 50703
ORDER NUMBER 232728
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: 12/19/2023
TOTAL AD COST: 414.55
FILED ON: 12/19/2023
That the issues of said paper containing said notice were duly
circulated in the regular manner.
DANINE GLASCOCK
Z6 Commission Number 810108
* * My Commission Expires
/00 April 17,2024
4.D
Notary Public in and for Sai. County
*** Proof of Publication ***
December 4.2023
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, December 4,
2023.
Roll Call.
Mayor Quentin Hart in the Chair. Roll
Call:Mr.Boesen,Mr.Nichols,Mr.Chiles,
Mr.&leder, Ms.Wilder and Mr. Feuss.
Absent:Ms.Creighton-Smith.
Prayer or Moment of Silence.
Pledge of Allegiance, Dave Boesen,
AI-Large Council Member.
Approval of Agenda, as proposed or
amended.
Feuss/Grieder
that the agenda, as proposed, be
approved. Voice vote-Ayes: Six. Motion
carried.
Approval of Minutes of November 20,
2023 as proposed or amended.
Feuss/Grieder
that the Minutes of November 20,2023,
Regular Session, as proposed, be
approved. Voice vote-Ayes: Six. Motion
carded.
PUBLIC COMMENTS
Aaron Stacey Roberts, 411 Almond
Street,provided comments regarding an
insurance policy that belonged to his
father. He further provided comments
regarding the 14th Amendment.
Floyd Howard, 2800 E. 4th Street,
commented that he would like to see
some beautification on the East side of
Waterloo beyond Logan and East 4th.He
commented on ideas for what to do with
the vacant Chamberlain's property and
what to do with vacant homes.
Mary Potter, 1416 W.4th Street,shared
statistics about attendance at the Grout
Museum.
Matthew Carpenter, Carpenter's Diner,
commented that all of his parking was
gone by 7:00 a.m.and asked that the city
put up additional signage about where to
park around the convention center. He
commented that there is not a good
working relationship between the conven-
tion center manager and the parking
manager.
Michael Blackwell, Cedar Falls, shared
that Reverend Stumme and his wife are
convalescing at home with COVID-19.He
provided comments regarding people
experiencing poverty.
Rachel Baumgardner, 1123 Lincoln
Street,shared that they are here to speak
about transitional housing and re-entry
housing. She shared that they are
seeking support from the city council to
help lower the recidivism rate,She further
shared statistics on homelessness in the
community.
Melissa Gams, 736 Home Park Blvd..
co-founder of nonprofit organization The
Cedar Valley Hand-Up,shared their goal
to open a re-entry transitional unit for men
and women being released from facilities.
drug rehab, mental institutions and
(timelessness.
Todd Obadal, 124 Amity Drive,commen-
ted on the need to seek solutions outside
of government because it does seem that
our government does not have the
interest of the little person in mind.
FeusslWilder
to close public comments. Voice vote-
Ayes:Six.Motion carried.
CONSENT AGENDA
that the following items on the consent
agenda be received and placed on file,
including the payment of bills for
November.27, 2023, in the amount of
$5,321,644.18,and December 4.2023,in
the amount of S3,272,112.79. Roll Call
vote-Ayes:Six.Motion carried.
Bills Payment, Finance Committee In-
voice Summary Report,a copy of which is
on file in the office of the City Clark.
Resolution adopted and upon approval by
Mayor assigned No.2023-758.
Resolution approving the award of hotel
/motel tax grant to the Iowa Mission of
Mercy Dental Clinic in the amount of
$3,000.00.
Resolution adopted and upon approval by
Mayor assigned No.2023-759.
Resolution approving cancellation of
assessments for properties listed on
Exhibit A,and authorizing the City Clerk
to notify the Black Hawk County
Treasurer of said cancellation.
Resolution adopted and upon approval by
Mayor assigned No.2023-780.
Resolution approving the request by
David Strong,for tax exemptions on the
construction of a new twin home unit
valued at $349,906.00, for property
located at 3377 Lincolnshire Road and
located in the City Limits Urban Revitali-
zation Area(CLURA).
Resolution adopted and upon approval by
Mayor assigned No.2023-761.
Resolution approving the pre-construction
request by Prairie Rapids Square II,LLC,
for tax exemptions on the construction of
*** Proof of Publication ***
a new 4d-umt muanamiry residence
building,for property located east of 3121
Kimball Avenue and located in the City
Limits Urban Revitalization Area
(CLURA).
Resolution adopted and upon approval by
Mayor assigned No.2023-762.
Resolution amending date of bid opening
- to December 14,2023,in conjunction with
the FY 2024 Titus(Midland)pump Station
and Force Main Project, Contract No.
975.
Resolution adopted and upon approval by
Mayor assigned No.2023-763.
Resolution setting date of public hearing
as December 18, 2023, to approve a
request by Castle Storage Waterloo No.
One,to rezone approximately 5.87 acres
from 'A-1" A9ricultural District and
°R-2,C-Z' Conditional Zoning District to
"C-2,C-Z" Conditional Zoning District, to
allow for outside storage at 2551 Logan
Avenue, and instruct the City Clerk to
publish notice.
Resolution adopted and upon approval by
Mayor assigned No.2023-764.
Resolution setting date of public hearing
as December 18, 2023, to approve a
request by the City of Waterloo to vacate
an existing 50-foot sanitary sewer ease-
ment, generally located at and north of
3301 Greyhound Drive, and instruct the
City Clerk to publish notice.
Resolution adopted and upon approval by
Mayor assigned No.2023-765.
Resolution setting date of public hearing
as December 18, 2023, to approve a
request by the City of Waterloo to vacate
approximately 1,613 square feet of
city-owned alley right-of-way in t)he"M-1"
Light Industrial54 Lane Street,and nct st�mcttthe City Clerk
to publish notice.
Resolution adopted and upon approval by
Mayor assigned No.2023-766.
Resolution setting date of public hearing
as December 18,2023,for the sale and
conveyance of city-owned properly loca-
ted south of 99 Mosley Street,to Leon V.
Mosley and Rhonda M. Hodges Mosley,
in the amount of$300.00,and instruct the
City Clerk to publish notice.
Resolution adopted and upon approval by
Mayor assigned No.2023-767.
Resolution setting date of public hearing
as December 18,2023,on the proposal
to acquire property(right-of-way,perma-
nent easements, and temporary ease-
ment)for the La Porte Road Reconstruc-
tion Phase I Project generally located on
La Porte Road between East Shaulis
Road and just north of Bopp Street,and
authorizing the City Clerk to publish
notice.
Resolution adopted and upon approval by
Mayor assigned No.2023-768.
Resolution approving award of bid to B&
B Lawn Care, Inc., of Waterloo, in the
amount of $19.46 per lot/occurrence,
approving the contract and certificate of
insurance in conjunction with the
2023-2025 Residential/Miscellaneous
Areas Snow Removal Contract for
city-owned lots generally acquired
through Iowa Code 657A,authorizing the
Mayor and City Clerk to execute said
documents, and rescinding Resolution
Number 2023-729.
Resolution adopted and upon approval by
Mayor assigned No.2023-769.
Resolution approving award of bid to
Cedar Valley Renovations, LLC, of
Waterloo, Iowa, in the amount of
$21,832.00, approving the contract and
certificate of insurance, In conjunction
• with the construction of a one-stall garage
at 232 Ricker Street,and authorizing the
Mayor and City Clerk to execute said
documents.
Resolution adopted and upon approval by
Mayor assigned No.2023-770.
Motion to approve Final Quantity Summa-
ry with Aspro,Inc.,of Waterloo,Iowa,for
a net increase of $109,285.50, in
conjunction with the FY 2023 Asphalt
Overlay Program,Contract No.1073,and
authorizing the Mayor to execute said
document.
Resolution approving Completion of Proj-
ect and Recommendation of Acceptance
of Work for work performed by Aspro,
Inc.,of Waterloo.Iowa,in the amount of
$3,292,809.48,in conjunction with the FY
2023 Asphalt Overlay Program,Contract
No.1073,and receive and file a two-year
maintenance bond.
Resolution adopted and upon approval by
Mayor assigned No.2023-771.
Resolution approving Completion of Proj-
ect 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 2024 Levee Rip Rap
Spraying,Contract No.1083.
Resolution adopted and upon approval by
Mayor assigned No.2023-772.
Resolution approving Completion of Proj-
ect and Recommendation of Acceptance
*** Proof of Publication ***
of Work,and release of retainage in the
amount of $209,361.48 for work per-
formed by Langman Construction.Inc.,of
Rock Island, Illinois, in conjunction with
the US Highway 83 Sanitary Sewer
Upgrades,Phase 1 Project,Contract No.
1037, receive and file a two-year
maintenance bond, and authorizing the
Mayor to execute said documents.
Resolution adopted and upon approval by
Mayor assigned No.2023-773.
Resolution approving Completion of Proj-
ect and Acceptance of Work for work
performed by Ward Diesel Filter Systems,
in the amount of$22,104.00,In conjunc-
tion with the Waterloo Regional Airport
ARFF Vehicle Exhaust Project,FAA AIP
3-19-0094-055, AECOM Project No.
60675091, and authorizing the Airport
Director to execute said documents.
Resolution adopted and upon approval by
Mayor assigned No.2023-774.
Resolution approving a Request for
Proposals for the FY2024 Fiber Optic
Network Asset Management Project,
Contract 1098.
Resolution adopted and upon approval by
Mayor assigned No.2023-775.
Motion approving Change Order No. 4
with Woodruff Construction of Waterloo,
Iowa,for a total decrease of$241,226.80
in conjunction with the FY 2023 Gates
Park Improvements Project.Contract No.
1076, and authorizing the Mayor to
execute said document.
Motion approving Change Order No. 1
with Rosemont Companies, LLC, of
Waterloo, Iowa, in the amount of
$15.000.00, in conjunction with the
Community Development excavation of
old foundation,230 Gable Street.
Motion to approve the appointment of
Dustin Knight from the current Civil
Service List to the position of Equipment
Operator I in the Street Department,
effective date December 18, 2023,
subject to pre-employment physical and
drug testing.
Motion to approve the appointment of
Chawne Paige to the position of Director
of Culture and Arts in the Culture and Arts
Department,effective December 6,2023.
Christopher Schmitz Board/Commission:
Board of Adjustments Expiration Date:
February 2,2025 New-partial
Communication from the Library Depart-
ment on the notice of the conclusion of
employment of Endya Johnson, Library
Assistant,effective October 25,2023 with
recommendation of approval of payout of
$4,140.05 for unused benefits.
Communication from the Fire Department
on the notice of the conclusion of
employment of Kurt Graven, Fire En9i-
neer, effective November 14, 2023 with
recommendation of approval of payout of
$30,278.51 for unused benefits.
Board of Adjustment meeting minutes of
September 26,2023.
Complete Streets Advisory Committee
minutes of September 26,2023.
Leisure Services Commission Board
minutes of October 10,2023.
PUBLIC HEARINGS
Request by the City of Waterloo on behalf
of H&A,LC,to rezone approximately 60
acres from "A-1" Agricultural District to
"M-2,P"Planned Industrial District located
east of 2950 Newell Street.
Grader/Chiles
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Six.Motion carried_
Thisbeing the time and place of the
public hearing, the Mayor called for
written and oral comments and there
were none.
Grieder/Chiles
to close the hearing and receive and file
the recommendation of approval of the
Planning,Programming and Zoning Com-
mission. Voice vote-Ayes: Six. Motion
carried.
Grieder/Chiles
to receive,file,consider,and pass for the
first time an ordinance amending Ordi-
nance No. 5079, as amended, City of
Wateroo Zoning Ordinance,by amending
the Official Zoning Map referred to In
Section 10-4-4, approving a request by
the City of Waterloo on behalf of H&A,
LC, to rezone approximately 60 acres
from"A-1"Agricultural District to"M-2,P"
Planned Industrial District located east of
2950 Newell Street. Roll Call vote-Ayes:
Five. Nays: One (Boesen). Motion
Carried.
Mr. Boesen commented that it was
brought up at the Planning and Zoning
Commission meeting that the owners did
not request rezoning the property,that it
was the city that requested it.It was also
mentioned that the city would purchase
the property in the event a developer
wants the land.He shared his concerns
about developing the land due to the
wetland that runs through this area.
Noel Anderson,Community Planning and
*** Proof of Publication ***
ueveopmem urrector, snared mat the
wetlands would be rerouted to avoid the
building site. He explained that rezoning
the property would meet the needs of the
prospective developer.He explained that
they have been talking with AECOM
engineering about the prospects of how
we would move the drainage way through
the area.
Grieder/Chiles
to suspend the rules.Roll Call vote-Ayes:
Five.Nays:One(Boesen).Motion failed.
Request by Prairie Rapids II,LLC,for a
Site Plan Amendment to construct a
48-unit multi-family residence building in
the"S-1"Shopping Center District located
east of 3121 Kimball Avenue.
Grieder/Feuss
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Six.Motion carried.
This being the time and place of the
public hearing, the Mayor called for
written and oral comments and there
were none.
Grieder/Feuss
to dose hearing and receive and file the
recommendation of approval of the
Planning,Programming and Zoning Com-
mission. Voice vote-Ayes: Six. Motion
carried.
Grieder/Feuss
to receive,file,consider and pass for the
first time an ordinance amendment to
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
Prairie Rapids II, LLC, for a Site Plan
Amendment to construct a 48-unit
multi-family residence building in the"S-1"
Shoppin9 Center District located east of
3121 Kimball Avenue. Roll Call vote-
Ayes:Six.Motion carried.
Grieder/Feuss
to suspend the rules.Roll Call vote-Ayes:
Six.Motion caned.
Grieder/Feuss
to consider and pass for the second and
third times and adopt the ordinance.Roll
Call vote-Ayes: Six. Motion carried.
Ordinance adopted and upon approval by
Mayor assigned No.5736.
FY 2024 Fiber Optic Outside Plant(OSP)
Construction,Economic Development Ad-
ministration (EDA) Award Number
05-79-06185,Contract No.1086.
FeussiNichols
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Six.Motion carried.
This being the time and place of the
public hearing, the Mayor called for
written and oral comments and there
were none.
Feuss/Nichols
to close the hearing. Voice vote-Ayes:
Six.Motion carded.
Feuss/Nichols
Resolution confirming approval of specifi-
cations,bid documents,form of contract,
etc.,and auhorizin9 to proceed.Roll Call
vote-Ayes:Six.Motion carried.Resolution
adopted and upon approval by Mayor
assigned No.2023-776.
Feuss/Nichols
to receive,file,and instruct the City Clerk
to read the bids and refer to the City
Engineer for further review. Voice vote-
Ayes:Six.Motion caned.
Estimate:$2,503,945.31
MP Nexlevel,LLC,Maple Lake,MN-5%
-$2,433,323.79
Price Industrial Electric,Robins.IA-5%-
$2,095,065 87
RESOLUTIONS
Resolution approving and authorizing a
form of Loan and Disbursement Agree-
ment by and between the City of
Waterloo, Iowa, and the Iowa Finance
Authority, and authorizing and providing
for the issuance and securing the
payment of$1,014,000.00 Sewer Reve-
nue Capital Loan Notes,Series 2023C,of
the City of Waterloo, Iowa, under the
provisions of the Code of Iowa, and
providing for a method of payment of said
Notes, approval of the Tax Exemption
Certificate,and authorizing the Mayor and
City Clerk to execute said documents.
Nichols/Feuss
Roll Call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by
Mayor assigned No.2023-777.
Resolution approving the amendment to
the Development Agreement with Prairie
Rapids II, LLC, to include the CLURA
partial tax exemption schedule, located
near the southeast corner of Kimball
Avenue and Ridgeway Avenue, and
authorizing the Mayor and City Clerk to
execute said document.
Nichols/Feuss
Roll Call vote-Ayes:Six. Motion carried.
Resolution adopted and upon approval by
Mayor assigned No.2023-778.
Resolution accepting a Public Sidewalk
Easement from the Waterloo Community
School District to allow for the placement
*** Proof of Publication ***
of a public sidewalk along West 6th Street
on school-owned property,directly adja-
cent to 1115 West 5th Street (Irving
Elementary School).
Nichols/Feuss
Roll Call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by
Mayor assigned No.2023-779.
Resolution approving a second amend-
ment to a Real Estate Purchase
Agreement with A-lane Ventures,for the
purchase of 200 East Mullen Avenue,to
amend the closing date to on or before
December 21,2023.
Mr. Boesen questioned it hazards had
been identified on the site.
Noel Anderson,Community Planning and
Development Director. shared what was
identified,and said that it is believed it is
to be very small and staff recommended
moving forward with the acquisition.
Feuss/Grieder
Roll Call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by
Mayor assigned No.2023-780.
Resolution approving a Real Estate
Purchase Agreement with Cedar Valley
Tech Works,Inc.,and approving a deed
to sell real property to the City of
Waterloo in the amount of $2,460.00,
located northwest of 25 West Commercial
Street, and authorizing the Mayor and
City Clerk to execute said document.
Mr.Boesen questioned if the money for
items 5 and 8 is coming out of the$2.7
million authorized for the groundwork on
the hard court or is it beyond what the city
is investing.
Noel Anderson,Community Planning and
Development Director, explained that it
was above the$2.7 million and provided
an overview of both of the purchase
agreements.
Feuss/Grieder
Roll Call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by
Mayor assigned No.2023-781.
Resolution approving a Real Estate
Purchase Agreement with Cedar Valley
Tech Works,Inc.,and approving a deed
to sell real property to the City of
Waterloo in the amount of $59,880.00,
located southwest of 25 West Commer-
cial Street,and authorizing the Mayor and
City Clerk to execute said document.
Feuss/Grieder
Roll Call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by
Mayor assigned No.2023-782.
ORDINANCES
An ordinance approving a request by
Schott's Trucking, LLC, for a rezone of
approximately 2.93 acres from "A-1"
Agricultural District to'C-1, C-Z"Condi-
tional Zoning District to allow for a
trucking business at 438 W. Airline
Highway.
Nichols/Wilder
to receive,file,consider,and pass for the
second time an ordinance approving a
request by Schott's Trucking,LLC,for a
rezone of approximately 2.93 acres from
"A-1" Agricultural Distnct to 'C-1, C-Z"
Conditional Zoning District to allow for a
trucking business at 438 W. Airline
Highway.Roll Call vote-Ayes:Six.Motion
carried.
Nichols/Wilder
to suspend the rules.Roll Call vote-Ayes:
Six.Motion carried.
Nichols/Wilder
to consider and pass for the third time
and adopt the ordinance. Roll Call
vote-Ayes:Six.Motion carried.Ordinance
adopted and upon approval by Mayor
assigned No.5737.
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 the City of
Waterloo to rezone approximately 0.74
acres from "A-1" Agricultural District to
"M-2,P"Planned Industrial District located
at 1318 Martin Road.
Feuss/Nichols
to receive,file,consider,and pass for the
second time an ordinance amending
Ordnance 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
the City of Waterloo to rezone approxi-
mately 0.74 acres from`A-1"Agricultural
District to "M-2,P" Planned Industrial
District located at 1318 Martin Road.Roll
Call vote-Ayes:Six.Motion cabled.
Feuss/Nichols
to suspend the rules.Roll Call vote-Ayes:
Six.Motion carried.
Feuss/Nichols
to consider and pass for the third time
and adopt the ordinance. Roll Call
vote-Ayes:Six.Motion carded.Ordinance
adopted and upon approval by Mayor
assigned No.5738.
ADJOURNMENT
that the meeting adjourn at 6:13 p.m.
*** Proof of Publication ***
vmce vuie-nyca.uu.rvwuuu wmeu.
Kelley Felchle
City Clerk