HomeMy WebLinkAbout12/18/2023 - 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 233007
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: 12/30/2023
TOTAL AD COST: 451.62
FILED ON: 1/11/2024
That the issues of said paper co taining said notice were duly
circ in the regular mann r.
i
i_
SHELBY GRIMSLEY
_ Commission Number 847909
My Commission Expires
owt May 8, 2024
Notary Public in and or Said County
*** Proof of Publication
December 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, December 18,
2023.
Roll Gall.
Mayor Quentin Hart in the Chair. Roll
Call: Mr. Boesen, Mr. Nichols, Ms.
Creighton-Smith,Mr.Chiles,Mr.Grieder,
Ms. Wilder and Mr. Feuss. Ms. Wilder
joined by Zoom.
Prayer or Moment of Silence.
Pledge of Allegiance,
John Chiles,Ward 1 Council Member.
Approval of Agenda as proposed or
amended.
Feuss/Nichols
that the agenda, as proposed, be
approved. Voice vote-Ayes: Seven. Mo-
tion carried.
Approval of minutes of December 4,
2023, Council Regular Session, as
proposed or amended.
Feuss/Nichols
that the Minutes of December 4, 2023,
Regular Session, as proposed, be
approved. Voice vote-Ayes: Seven. Mo-
tion carried.
Approval of minutes of December 11,
2023, Council Special Session, as
proposed or amended.
FeussMichols
that the Minutes of December 11,2023,
Special Session, as proposed, be ap-
proved. Voice vole-Ayes: Seven. Motion
carried.
Proclamation declaring December 10,
2023,as International Human Rights Day.
PUBLIC COMMENTS
Aaron Stacey Roberts, 411 Almond,
provided comments regarding due proc-
ess and expounded upon some specific
examples that he has experienced during
his lifetime.
Tim Vaage, 444 Carolina Street, com-
mented that he wanted to see a
roundabout at the intersection of Ham-
mond and Ridgeway and asked how he
would go about getting a study done.
Mayor Hart explained that he could speak
with the Public Works Division Manager,
Randy Bennett,who oversees the Traffic
Department.
Mary Potter, 1416 W. 4th Street and
Grout Museum,read letters from children
about their visit to the Grout Museum.
Larry Stumme,1008 Lois Lane,provided
a recap of comments he provided during
the public comment portion of the agenda
in 2023.
Michael Blackwell, resident of Cedar
Falls, provided comments regarding the
former St. Mary's school site. He
discussed dilapidated buildings and how it
is depressing for people to live next to
them.
Mr. Grieder shared comments regarding
his service as a city council member.He
wished the council and council member.
elect Simon all the best.
Mr.Chiles shared that a blight in his Ward
is gone and thanked Noel Anderson for
his work on this.
Ms. Creighton-Smith expressed thanks
for a blighted house on 4th Street being
torn down.
Noel Anderson,Community Planning and
Development Director,shared that federal
funds are available to remove asbestos
and demolition of St. Marys school site
and explained that unfortunately, with
federal funds, the process can take
longer. He stated that a historical
archaeologist recently visited the site to
make a determination if anything might be
underground that we are unaware of and
the report showed there were no
recommendations for further work. Noel
said he is hopeful that we will get HUD
approval soon to begin work.
Mayor Hart provided comments regarding
a meeting he and city staff had with
Canadian National Rail Road.
Feuss/Grieder
to close public comments. Voice vote-
Ayes:Seven.Motion carried.
CONSENT AGENDA
FeussfGrieder
that the following items on the consent
agenda be received and placed on file,
including the payment of bills for
December 11, 2023, in the amount of
$2,235,491.05,and December 18,2023,
in the amount of$6,935,725.26.Roll Call
vote-Ayes: Six. Abstain: One (Boesen).
Motion carried.
Bills Payment, Finance Committee In-
voice Summary Report,a copy of which is
on file in the office of the City Clerk.
Resolution adopted and upon approval by
Mayor assigned No.2023-783.
Resolution approving the request by Isael
Garcia, for tax exemptions on the
construction of a new twin home unit
valued at $379,900.00, for property
located at 1836 Red Tail Drive and
located in the Cittv Limits Urban Revitali-
*** Proof of Publication ***
zanon Area(1.LUIIA).
Resolution adopted and upon approval by
Mayor assigned No.2023-784.
Resolution approving the request by Boss
Babes, LLC, for tax exemptions on
improvements to a single-family home
valued at$15,000.00,for property located
at 911 Newton Street and located in the
Consolidated Urban Revitalization Area
(CUNA).
Resolution adopted and upon approval by
Mayor assigned No.2023-785.
Resolution setting date of public hearing
as January 2,2024,to approve a request
by C&S Car Company to rezone
approximately 0.57 acres from "R-3"
Multiple Residence District to "C-2,C-Z"
Conditional Zoning District and a Site
Plan Amendment for expansion of an
auto sales facility located along the
southwest side of South Street between
West 6th Street and West 7th Street,and
instruct the City Clerk to publish notice.
Resolution adopted and upon approval by
Mayor assigned No.2023-786.
Resolution authorizing an exception to the
City of Waterloo Purchasing Policy for the
purchase of a Tahoe for the Police
Department,in the amount of$40,457.00,
as a State of Iowa bid from Karl
Chevrolet.
Resolution adopted and upon approval by
Mayor assigned No.2023-787.
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.2023-788.
Resolution approving completion of proj-
ect, recommendation of acceptance of
work, and release of retainage in the
amount of$2,250.00,for work performed
by Bowker Mechanical Contractors of
Cedar Rapids, Iowa, in conjunction with
the City of Waterloo Center of the Arts
Youth Pavilion PH 2 Boiler Replacement
Project.
Resolution adopted and upon approval by
Mayor assigned No.2023-789.
Motion approving Change Order No. 10
with Vieth Construction Corporation, of
Cedar Falls, Iowa,for a net increase of
$7,428.85, in conjunction with the FY
2022 Sullivan Brothers Plaza Renovation,
Contract No.1069, and authorizing the
Mayor and City Clerk to execute said
document.
Motion to receive and place on file the
2022 Audit of the Waterloo Water Works.
Motion to receive and place on file the
2022 Operating Report of the Waterloo
Water Works.
Motion approving the appointment of
Brynn Schroeder from the current Civil
Service List to the position of Waste
Water Operator in the Waste Manage-
ment Services Department, effective
December 27, 2023, pending pre-
employment physical and drug testing.
Motion approving the appointment of
Brian M.O'Connell to the position of Plant
Maintenance Mechanic in the Waste
Management Services Department,effec-
tive December 19, 2023, pending pre-
employment physical and drug testing.
Frank MCCaw Board/Commission: Me-
morial Hall Commission Expiration Date:
December 31,2026(Re-appointment).
Melvin Wittwer Board/Commission: Me-
modal Hall Commission Expiration Date:
December 31,2026(Re-appointment).
Craig White Board/Commission:Memorial
Hall Commission Expiration Date:Decem-
ber 31,2026(Re-appointment).
Randy Miller Board/Commission:Memori-
al Hall Commission Expiration Date:
December 31,2026(Re-appointment).
Communication from the Public Works
Department on the notice of the conclu-
sion of employment of Brian Boesen,
Animal Control Officer, effective Decem-
ber 1, 2023, with recommendation of
approval of payout of $3,195.99 for
unused benefits.
Airport Board meeting minutes of October
25,2023.
Waterloo Housing Authority Board meet-
ing minutes of November 20,2023.
Liquor Licenses
a.Carlos O'Kellys,2060 Sovla Dr.,Class
C Alcohol w/Outdoor Service, Catering
and Sunday Sales(Renewal)Exp: 12/30
/2024.
b. Club Ambassador, 313 W. 5th St.,
Class C Alcohol w/Outdoor Service and
Sunday Sales (Renewal) Exp: 12/15
/2024.
c.The Comfort Zone,213 E.5th Street,
Class C Alcohol w/Sunday Sales(Renew-
al)Exp:1/17/2024.
d. Courtyard By Marriott, 250 Westfield
Ave.,Class C Alcohol w/Outdoor Service,
Catering and Sunday Sales (Renewal)
Exp:11/19/2024.
e. Karma Bar, 309 W. 4th St., Class C
Alcohol w/Outdoor Service and Sunday
Sales(Renewal)Exo:10/14/2024.
*** Proof of Publication ***
f.Knights of Pythias,244 Ash St.,Class F
Alcohol w/Outdoor Service and Sunday
Sales(Renewal)Exp:11/2/2024.
g. Lock At Tower Park, 4140 Kimball
Ave.,Class C Alcohol w/Outdoor Service
and Sunday Sales (Renewal) Exp: 9/20
/2024.
h. Trucker Bar, 1915 Bourland Ave.,
Class C Alcohol w/Sunday Sales(Renew-
al)Exp:12/12/2024.
PUBLIC HEARINGS
Request by Castle Storage Waterloo No.
One to rezone approximately 5.87 acres
from "A-1" Agricultural 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.
Nichols/Chiles
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.
Nichols/Chiles
to dose the hearing and receive and file
recommendation of approval of the
Planning,Programming and Zoning Com-
mission.Voice vote-Ayes:Seven.Motion
carried.
Nichols/Chiles
to receive,file,consider,and pass for the
first time an ordinance amending Ordi-
nance 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
Castle Storage Waterloo No. One to
rezone approximately 5.87 acres from
"A-1" Agricultural 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.
Roll Call vote-Ayes: Seven. Motion
carried.
Nichols/Chiles
to suspend the rules.Roll Call vote-Ayes:
Seven.Motion carried.
Nichols/Chiles
to consider and pass for the second and
third times and adopt the ordinance.Roll
Call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by
Mayor assigned No.5739.
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.
Chiles/Grieder
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/Grieder
to close the hearing and receive and file
recommendation of approval of the
Planning,Programming and Zoning Com-
mission.Voice vote-Ayes:Seven.Motion
carried.
Chiles/Grieder
to receive,file and consider and pass for
the first time an ordinance approving 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. Roll Call vote-
Ayes:Seven.Motion carried.
Chiles/Grieder
to suspend the rules.Roll Call vote-Ayes:
Seven.Motion carried.
Chiles/Grieder
to consider and pass for the second and
third times and adopt said ordinance.Roll
Call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by
Mayor assigned No.5740.
Request by the City of Waterloo to vacate
approximately 1,613 square feet of
city-owned alley right-of-way in the"M-I"
Light Industrial District located adjacent to
54 Lane Street.
Boesen/Nichols
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.
Boesen/Nichols
to close hearing and receive and file
recommendation of approval of the
Planning,Programming and Zoning Com-
mission.Voice vote-Ayes:Seven.Motion
carried.
Boesen/Nichols
to receive,file and consider and pass for
the first time an ordinance approving a
request by the City of Waterloo to vacate
approximately 1,613 square feet of
city-owned alley right-of-way in the"M-1"
Light Industrial District located adjacent to
54 Lane Street. Roll Call vote-Ayes:
*** Proof of Publication ***
seven.mouon carneu.
Boesen/Nichols
to suspend the rules.Roll Call vote-Ayes:
Seven.Motion carried.
Boesen/Nichols
to consider and pass for the second and
third times and adopt said ordinance.Roll
Call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by
Mayor assigned No.5741.
Acquisition of property (right-of-way,
permanent easements, and temporary
easement) for the La Porte Road
Reconstruction Phase I Project generally
located on La Porte Road between East
Shaulis Road and just north of Bopp
Street.
Feuss/Grieder
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Seven.Motion carried.
This being the lime and place of the
public hearing, the Mayor called for
written and oral comments.
Russ and Deb Youngblut, 2026 Bopp
Street, shared that he is the owner of
Southtown Lounge.He questioned when
the work would start and how they would
continue to have access to their business.
Jamie Knutson, City Engineer, shared
that they want to work with their business,
Witham,Ament,and other businesses in
the area for shared access on La Porte.
Michelle Sweeney, AECOM, explained
that the project will be in phases and
access will be maintained for all affected
businesses. She further provided an
overview of the project, planned access
points and signage that will be provided.
Mayor Hart commented that this is the
first step to open discussions with the
businesses and questioned how AECOM
communicates with the public about the
project.
Michelle Sweeney shared that the city
has a Facebook page set up for this
project,an email address has been set up
or anyone can call city hall directly about
the project.
Mayor Hart shared that the city received a
20 million grant from Iowa DOT to help
reconstruct LaPorte Road and commen-
ted on the importance of the project.
Feuss/Grieder
to close the hearing and receive and file
oral comments.Voice vote-Ayes:Seven.
Motion carried.
Feuss/Grieder
Resolution authorizing to proceed with the
La Porte Road Reconstruction Phase I
Project, to make final selection of the
location, to authorize funding for the
public improvement project, and deter-
mine that there is a reasonable expecta-
tion the city will be able to achieve its
public purpose,comply with all applicable
standards, and obtain the necessary
permits, and authorizing the use of
condemnation procedures for acquisition
of property interests in furtherance of the
project objectives, and to establish the
amount of just compensation.
Mr.Boesen shared that his concern is the
KOA and the Bertch project. He shared
that LaPorte Road relies on through traffic
and that businesses have been hurt due
to construction.
Mayor Hart commented that while it is a
hardship,it is also a good and important
project for the city and the future of that
corridor.
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No. 202-
3-790.
Sale and conveyance of city-owned
property located south of 99 Mosley
Street,to Leon V.Mosley and Rhonda M.
Hodges Mosley, in the amount of
$300.00.
Grieder/Feuss
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.
Grieder/Feuss
to close hearing.Voice vote-Ayes:Seven.
Motion carried.
Gneder/Feuss
Resolution approving the sale and
conveyance of city-owned property loca-
ted south of 99 Mosley Street, in the
amount of $300.00, to Leon V. Mosley
and Rhonda M. Hodges Mosley, and
authorizing the Mayor and City Clerk to
execute said documents. Roll Call
vote-Ayes:Seven.Motion carried.Reso-
lution adopted and upon approval by
Mayor assigned No.2023-791.
FY 2024 Titus (Midland) Pump Station
and Force Main Project, Contract No.
975.
Chiles/Nichols
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Seven.Motion carried.
*** Proof of Publication ***
This being the time and place of the
public hearing, the Mayor called for
written and oral comments and there
were none.
Chiles/Nichols
to close the hearing. Voice vote-Ayes:
Seven.Motion carried.
Chiles/Nichols
Resolution confirming approval of specifi-
cations,bid documents,form of contract,
etc.,and authorizing to proceed.Ace Call
vote-Ayes:Seven.Motion carried.Reso-
lution adopted and upon approval by
Mayor assigned No.2023-792.
Chiles/Nichols
to receive,file,and instruct the City Clerk
to read the bids and refer to the Waste
Management Department for review.Roll
Call vote-Ayes:Seven.Motion carried.
Engineer's Estimate:$6,531,597.73
Portzen Construction,Dubuque,IA-5%-
$7,279,728.68
WRH,Inc.,Amana,IA-5%-$6,184,087-
.00
Peterson Contractors,Inc.,Reinbeck,IA-
5%-$6,584,845.50
Boomerang Corp. Anamosa, IA - 5% -
$4,117,354.20
RESOLUTIONS
Resolution approving an agreement with
Tolemi of Boston, Massachusetts, for
data integration and insights software
application and rental registration and
work flow management software, in the
amount of $47,500.00, and authorizing
the Mayor to execute said document.
David Dryer, 3145 W. 4th Street,
questioned what the software does for the
City of Waterloo.
Mayor Hart provided an overview of the
need for software in various departments
and explained what is unique about this
particular software.
Mr.Grieder spoke In favor of this item.
Nichols/Creighton-Smith
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No. 20-
23-793.
Resolution approving a Construction
Agreement with Waterloo Water Works'
Board of Trustees,in conjunction with the
FY 2024 La Porte Road Improvements-
Phase 1, Contract No. 1016, and
authorizing the Mayor and City Clerk to
execute said documents.
Nichols/Creighton-Smith
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No. 20-
23-794.
Resolution approving a Professional
Services Agreement with EN Engineering,
LLC,formally Magellan Advisors,LLC,in
an amount not to exceed$1,107,300.00,
for project and construction management,
inspections and engineering support
services for the fiber backbone and
fiber-to-the-home network project imple-
mentation in calendar year 2024. and
authorizing the Mayor to execute said
document.
David Dryer, 3145 W. 4th Street,
questioned why we are continuing to add
to the cost of the fiber optics project.
Mayor Hart explained that this is not an
additional expense,it Is another phase of
the project that was in the original plan.
Mr.Grieder spoke in favor of this item.
Nichols/C reighton-Smith
Roll Call vote-Ayes: Seven. Motion
carded.Resolution adopted and upon
approval by Mayor assigned No.
2023-795.
Resolution approving a Professional
Services Agreement with AECOM Techni-
cal Services, Inc., in the amount of
$179,800.00,for construction administra-
tion and project Inspection services for
the Airline Passenger Terminal Parking
Lot Canopy Project at the Waterloo
Regional Airport, and authorizing the
Mayor to execute said document.
Nichols/Creighton-Smith
Roll Call vole-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-796.
Resolution approving a Professional
Services Agreement with HR Green,Inc.,
of Cedar Rapids,Iowa,in an amount not
to exceed$25,000.00,in conjunction with
the Waterloo Pavement Management
Plan Update FY 2025 - 2031, and
authorizing the Mayor and City Clerk to
execute said document.
Nichols/Creighton-Smith
Roll Call vote-Ayes: Seven. Motion
carded. Resolution adopted and upon
approval by Mayor assigned No.
2023-797.
Resolution approving an Intergovernmen-
tal Transfer of Public Funds Agreement
with the Iowa Department of Human
Services, and authorizing the Mayor to
execute said documents.
BoeseNNichols
Roll Call vote-Ayes: Seven. Motion
*** Proof of Publication ***
nobywou. auupmy wt.,.
approval by Mayor assigned No.
2023-798.
Resolution approving nine FY 2024
Quarter 3 and Quarter 4 Event/Capital
Hotel-Motel Tax Grant Funds, with one
additional Capital Grant,in the amount of
$90,400.00. as recommended by the
Waterloo Convention and Visitors Bureau
Board of Directors.
Boesen/Nichols
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-799.
ORDINANCES
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.
Grieder/Chiles
to receive,file,consider,and pass for the
second time 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 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:
Seven.Motion carried.
Mr. Boesen thanked Noel Anderson for
answering all of his questions and getting
the wetlands conflict straightened out.
Grieder/Chiles
to suspend the rules.Roll Call vote-Ayes:
Seven.Motion carried.
Grieder/Chiles
to consider and pass for the third time
and adopt the ordinance. Roll Call
vote-Ayes: Seven. Motion carried. Ordi-
nance adopted and upon approval by
Mayor assigned No.5742.
ADJOURNMENT
Mayor Hart recognized Keith Kaspari,
Airport Director,for his service to the city
and delivered to him a plaque for his
retirement.
Mayor Hart recognized Mr.Grieder for his
service to the City of Waterloo and
presented him with a plaque in honor of
his service.
Feuss/Grieder
that the meeting adjourn at 6:41 p.m.
Voice vote-Ayes:Seven.Motion carried.
Kelley Fetchle
City Clerk