HomeMy WebLinkAbout02/19/2024 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 234108
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: 03/02/2024
TOTAL AD COST: 454.93
FILED ON: 3/4/2024
That the issues of said paper containing said notice were duly
circulated in the regular manner.
a,� S SHELBY GRIMSLEY
zP Commission Number 84.7909
•
My Commission Expires
• /owP May 8, 2024
Notary Public i and for Said County
*** Proof of Publication ***
February 19,2024
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, February 19,
2024.
Roll Call.
Mayor Pro Tern Ray Feuss in the Chair.
Roll Call: Mr. Boesen, Mr. Nichols, Ms.
Creighton-Smith, Mr. Chiles, Mr. Simon,
Ms.Wilder and Mr.Feuss.
Prayer or Moment of Silence.
Pledge of Allegiance.
Approval of Agenda as proposed or
amended.
Nichols/Wilder
that the agenda, as proposed, be
approved. Voice vote-Ayes: Seven. Mo-
tion carried.
Approval of Minutes of February 5,2024,
as proposed or amended.
Nichols/Wilder
that the minutes of February 5, 2024,
Regular Session, as proposed, be
approved. Voice vote-Ayes: Seven. Mo-
tion carried.
PUBLIC COMMENTS
The following individuals commented on
various subjects.
Mary Potter and Nick Erickson, Grout
Museum; Bev Byford, 1045 Virginia
Street;Coteel Kirk,No address provided;
Midrele Feltes,209 Mulberry Street;Kirk
Howard, Hospitality House; George
Meeks. 609 E Donald Street; Brian
Helmrichs,325 E. Park;Amelia Gotera,
no address provided;Charlie Grove,1426
Shamrock Drive;Whitney Rissi,Waterloo
Resident; Kyle Carcash, Greenbrier
neighborhood; Erica Rissi, no address
provided; Edwardo Caccanova, from
California; Joe Gorton, 510 Wilshire;
David Dryer,3145 W.4th Street.
Mr. Boesen encouraged everyone to
contact their federal elected officials to
support the bill in congress.
Ms.Wilder thanked all those who shared
their comments. She questioned when
the LED lighting on University would be
working again.
Jamie Knutson, City Engineer, shared
that LED lighting has been an ongoing
issue since they've been installed. He
stated that he would keep council
updated as we continue to work through
the issue with the contractor.
Ms. Creighton-Smith thanked everyone
for speaking tonight. She shared that
trucks are once again driving on Newell
Street.She also requested to be part of
the conversation for the sewer issue on
Virginia Street
Wilder/Nichols
to close public comments. Voice vote-
Ayes:Seven.Motion carried.
CONSENT AGENDA
Nichols/Wilder
that the following items on the consent
agenda be received and placed on file,
including payment of bills for February 12,
2024, in the amount of $3,709,703.06,
and February 19,2024,in the amount of
$1,455,749.54.Roll Call vote-Ayes:Sev-
en.Motion carried.Mr.Simon abstained
from Item No.3 for business reasons.
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.2024-080.
Resolution approving the request by
Michael Scheer,for tax exemptions on
the construction of a new single family
home valued at$300,000.00,for property
located at 111 Coral Drive and located in
the Consolidated Urban Revitalization
Area(CURA).
Resolution adopted and upon approval by
Mayor assigned No.2024-081.
Resolution approving the request by
Michael Vandello,for tax exemptions on
improvements to office space valued at
$401,091.00,for property located at 216
E. 4th Street and boated in the
Consolidated Urban Revitalization Area
(CURA).
Resolution adopted and upon approval by
Mayor assigned No.2024-082.
Resolution approving the request by
Sidney Gashi,for tax exemptions on the
construction of a new twin home unit
valued at $269,900.00, for property
located at 4342 Mourning Dove Drive and
located in the City Limits Urban Revitali-
zation Area(CLURA).
Resolution adopted and upon approval by
Mayor assigned No.2024-083.
Resolution approving the request of
Tammie Wayland for a waiver for an
asphalt driveway located at 2512 Idaho
Street, with elimination of the sidewalk
section.
Resolution adopted and upon approval by
Mayor assigned No.2024-084.
Resolution approving preliminary plans,
specifications, form of contract, bid
documents,etc.,setting the date of bid
opening as February 29,2024 and date of
*** Proof of Publication ***
public neanng as march 4, 21re4, m
conjunction with the 2024-2026 Right-of-
Way Mowing Contract, and instruct the
City Clerk to publish notice.
Resolution adopted and upon approval by
Mayor assigned No.2024-085.
Resolution approving preliminary plans,
specifications, form of contract, etc.,
setting date of bid opening as March 21,
2024,and date of public hearing as April
1,2024,in conjunction with the FY 2025
and FY 2026 Complaint Mowing with
Complaint Snow Removal Contract,and
instruct the City Clerk to publish notice.
Resolution adopted and upon approval by
Mayor assigned No.2024.086.
Resolution approvng preliminary plans,
specifications, form of contract, etc.,
setting the date of bid opening as March
7,2024, and date of public hearing as
March 18,2024,kr conjunction with the
FY 2024 Kingsley Avenue Reconstruction
Project,Contract No. 1100,and instruct
the City Clerk to publish notice.
Resolution adopted and upon approval by
Mayor assigned No.2024.087.
Resolution approving preliminary plans,
specifications, form of contract, etc.,
setting the date of bid opening as March
7, 2024, and date of public hearing as
March 18,2024,in conjunction with the
FY 2024 Broadway Street Reconstruction
Project,Contract No. 1095,and instruct
the City Clerk to pubish notice.
Resolution adopted and upon approval by
Mayor assigned No.2024-088.
Resolution approving preliminary plans,
specifications, form of contract, etc.,
setting the date of bid opening as March
14,2024,and date of public hearing as
March 18,2024,kr conjunction with the
FY 2024 Asphalt Overlay Program,
Contract No. 1099,and instruct the City
Clerk to publish notice.
Resolution adopted and upon approval by
Mayor assigned No.2024.089.
Resolution approving Adknowledgment
/Settlement Agreement with Hy-Vee,
2834 Ansborough Avenue, Waterloo,
Iowa 50701, for tobacco violation-first
offense,and acceptance of civil penalty in
the sum of$300.00.
Resolution adopted and upon approval by
Mayor assigned No.2024-090.
Motion to approve Final Quantity Summa-
ry with Peterson Contractors, Inc. of
Reinbeck, Iowa, for a net decrease of
$16,950.00, in conjunction with the
FY2023 Gates Park Pool Demolition,
Contract No. 1053, and authorizing the
Mayor and City Clerk to execute said
document.
Resolution approving Completion of Proj-
ect and Recommendation of Acceptance
of Work for work performed by Peterson
Contractors, Inc., of Reinbeck, Iowa, in
the amount of$113,434.00,in conjunction
with the FY 2023 Gates Park Pool
Demolition Project, Contract No.1053,
and receive and file a two-year mainte-
nance bond.
Resolution adopted and upon approval by
Mayor assigned No.2024-091.
Resolution approving cancellation of
assessments for 1020 W. 3rd Street in
the amount of$270.05,and 1712 Black
Hawk Street in the amount of$180.68,
and authorizing the City Clerk to notify
Black Hawk County Treasurer of said
cancellation.
Resolution adopted and upon approval by
Mayor assigned No.2024-092.
Resolution approving a Community At-
traction and Tourism Grant Agreement
No. 23-CAT-006, in the amount of
$1,000,000.00, and authorizing required
gap funding
g tocomplete the Transforming
Gates and Bymes Parks Project.
Resolution adopted and upon approval by
Mayor assigned No.2024-093.
Motion to receive and place on file the
City of Waterloo the Annual Comprehen-
sive Financial Report(ACFR)for the fiscal
year ended June 30,2023.
Motion approving the appointment of
Steven Kjergaard to the position of
Director of Aviation in the Waterloo
Airport Department, effective February
29,2024.
Motion approving the appointment of
Barbara Reiter to the position of
Administrative Secretary in the Traffic
Operations Department, effective March
4,2024,pending pre-employment physi-
cal and drug testing.
Motion approving the appointment of
Dawn Ward to the position of EMS
Administrative Assistant in the Fire
Department,effective February 26,2024.
Motion to approve the appointment of
Daniel Baker from the current Civil
Service List to the position of Engineer
Assistant in the Engineering Department,
effective February 20,2024.
Motion to approve the appointment of
LeKeisha Veasley to the position of
Housing Authority Director in the Housing
Department effective March 4,2024.
Communication on the notice of the
*** Proof of Publication ***
conclusion of employment of Wendy
Bowman, Special Projects Coordinator,
effective January 3, 2024, with recom-
mendation of approval of payout of
$3,953.57 for unused benefits.
Communication from the Airport Depart-
ment on the notice of the conclusion of
employment of Keith Kasper', Airport
Director,effective January 26,2024,with
recommendation of approval of payout of
$14,975.40 for unused benefits.
Communication from the Community
Development Department on the notice of
the conclusion of employment of Anita
Rousselow,Administrative Secretary,ef-
fective February 2,2024,with recommen-
dation of approval of payout of$2,021.01
for unused benefits.
Communication from the Housing Authori-
ty Department on the notice of the
conclusion of employment of Julie
Dawson, Housing Authority Director,
effective January 31,2024,with recom-
mendation of approval of payout of
$10,538.56 for unused benefits.
Communication from the Traffic Depart-
ment on the notice of the conclusion of
employment of Susan Holmes,Adminis-
trative Secretary, effective January 26,
2024,with recommendation of approval of
ppaayout of$9,797.34 for unused benefits.
Mat hew Gilbert Board/Commission.:His-
toric Preservation Commission Expiration
Date:February 6,2026(Amended Term)
Terry Pearson Stevens Board/Commis-
sion: Historic Preservation Commission
Expiration Date:
February 6, 2026
(Amended Term)
Ed Ottesen Board/Commission: Historic
Preservation Commission Expiration
Date:February 6,2026(Amended Term)
Liquor licenses
a.Babes Tap,210 Division St.,Class C
Alcohol w/Sunday Sales(Renewal)Exp:
3/14/2025.
b.Cedar Valley Fish Market,218 Division
St., Special Class C Alcohol w/Sunday
Sales(Renewal)Exp:1/25/2025.
c.ML Got-Gates Park Golf Course,820
E.Donald St.,Class C Alcohol w/Outdoor
Service and Sunday Sales (Renewal)
Exp:228/2025.
d.Prime Mart,3535 Marigold Dr.,Class E
Alcohol w/Sunday Sales(Renewal)Exp:
1/19/2025.
e. Elitte Cafe' Bar, 1108 Jefferson St.,
Class C Alcohol w/Sunday Sales(Renew-
al)Exp:2172025.
f. Hy-Vee Market Cafe' #3, 1422
Fiammang D.,Class C Alcohol w/Catering
and Sunday Sales(Renewal) Exp:3/15
/2025.
g.Buzz's Bar,1016 Maynard Ave.,Class
C Alcohol w/Outdoor Service and Sunday
Sales(Renewal)Exp:3/14/2025.h.Crossroads Cinema,2450 Crossroads
Blvd., Class C Alcohol w/Sunday Sales
(Renewal)Exp:3/14/2025.
i. Denys On Donald, 1125 W. Donald
St.,Class C Alcohol w/Outdoor Service
and Sunday Sales(Renewal) Exp: 10/4
/2024.
j.Laid Back Social Club,501 Independ-
ence Av., Class C Alcohol w/Sunday
Sales(Renewal)Exp:2/21/2025.
k. ML Got-Iry Warren Memorial Golf
Course, 1000 Fletcher Ave., Class C
Alcohol w/Outdoor Service and Sunday
Sales(Renewal)Exp:2/28/2025.
I.ML Golf-South Hills Golf Course,1830
E. Shaulis Rd., Class C Alcohol w
/Outdoor Service and Sunday Sales
(Renewal)Exp:2/28/2025.
m. SingleSpeed Brewing,325 Commer-
cial St., Class C Alcohol w/Outdoor
Service, Catering and Sunday Sales
(Renewal)Exp:12/31/2024.
n. Sycamore Convenience, 617-619
Sycamore St,Class E Alcohol w/Sunday
Sales(Renewal)Exp:3/11/2025.
o. Tokyo Japanese Steakhouse, 1931
Sears St., Class C Alcohol w/Outdoor
Service and Sunday Sales (Renewal)
Exp:2/13/2025.
p. Local Bar Hop, 708 Commercial St.,
Class C Alcohol w/Outdoor Service and
Sunday Sale(New)Exp:1/31/2025.
Motion to approve a Cigarette/Tobacco/
NicotineNapor Permit Application for The
Spot III,117 E.San Maman Drive.
PUBLIC HEARINGS
Issuance of not to exceed$8,500,000.00
Sewer Revenue Capital Loan Notes,
Series 2024A (State of Iowa Revolving
Fund Loan).
Boesen/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.
Boesen/Chiles
to close the hearing. Voice vote-Ayes:
Seven.Motion carried.
BoeserVChties
Resolution Instituting Proceedings to
*** Proof of Publication
I axe Aoorrronar Action TOr me issuance Or
not to exceed $8,500,000.00 Sewer
Revenue Capital Loan Notes, Series
2024A (State of Iowa Revolving Fund
Loan).Roll Call vote-Ayes:Seven.Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2024-094.
Request by Turnkey Associates on behalf
of the House of Hope to rezone 0.28
acres from "R-4' Multiple Residence
District to'C-1"Neighborhood Commer-
cial District to allow for the construction of
a 6,200 square foot office building
addition located southwest of 845 West
4th Street.
Nichols/Wilder
to receive and file proof of publication of
notice of public heating.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/Wilder
to close hearing and receive and file
recommendations of approval of the
Planning,Programming and Zoning Com-
mission.Voice vote-Ayes:Seven.Motion
caned.
NicholsMrilder
to receive,file and consider and pass for
the first time an ordnance approving a
request by Turnkey Associates,on behalf
of House of Hope,to rezone 0.28 acres
from"R-4"Multiple Residence District to
"C-1" Neighborhood Commercial District
to allow for the construction of a 6,200
square foot office building addition
located southwest of 845 West 4th Street.
Roll Call vote-Ayes: Seven. Motion
carried.
Nichols/Wilder
to suspend the rules.Roll Call vote-Ayes:
Seven.Motion carried.
Nichols/Wilder
to receive,file,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.
5751.
Sale and conveyance of city-owned
property to NADROJ Realty,LLC,in the
amount of$1.00,with a Development and
Minimum Assessment Agreement in the
amount of $1,800,000.00, for the con-
struction of an industrial building of
approximately 46,000 square feet,and a
future option on Lot 2,Waterloo Air and
Rail Park 1st Addition,located south of
115 Warp Drive.
Wilder/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.
Wilder/Nichols
to close hearing.Voice vote-Ayes:Seven.
Motion carried.
Wilder/Nichols
Resolution approving the sale and
conveyance of city-owned property,loca-
ted south of 115 Warp Drive,to NADROJ
Realty,LLC,in the amount of$1.00,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.2024-095.
Wilder/Nichols
Resolution approving a Development and
Minimum Assessment Agreement with
NADROJ Realty,
LLC,for the construc-
tion of a new building of approximately
46,000 square feet, with a minimum
assessed value of $1,800,000.00 and
property tax rebate schedule of five years
at fifty percent,and authorizing the Mayor
and City Clerk to execute said document.
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2024-096.
Sale and conveyance of city-owned
property located east of 408 Florence
Street in three parts, in the amount of
$70.00 plus publishing and recording
costs for each part, including a part to
Jorge Garcia Villa,a part to Jose Guzman
and Elvia Ramirez and a part to Catalina
and Paulino Sanchez.
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/Wilder
to close hearing.Voice vote-Ayes:Seven.
Motion carried.
Chiles/Wilder
Resolution approving the sale and
conveyance of city-owned property loca-
*** Proof of Publication ***
ted east of 408 Florence Street in three
parts, in the amount of $70.00 plus
publishing and recording costs for each
part,including a part to Jorge Garcia Villa,
a part to Jose Guzman and Elvia Ramirez
and a part to Catalina and Paulin
Sanchez 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.
2024-097.
Mr. Chiles an Mr. Boesen commented
that they support this resolution.
Request by Jayson Vaughn to vacate an
eight-foot by eight-inch utility easement to
allow for the construction of an accessory
structure in the "R-2" One and Two
Family Residence District located at 109
Oak Ridggee Road.
Boesen/Nic hols
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 Mere
were none.
Boesen/Nichols
to dose 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 Jayson Vaughn to vacate an
eight foot by eight inch utility easement to
allow for the construction of an accessory
structure in the "R-2" One and Two
Family Residence District located at 109
Oak Ridge Road. Roll Call vote-Ayes:
Sewn.Motion carried.
Boesen/Nichols
to suspend the rules.Roll Cat 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.5752.
RESOLUTIONS
Resolution of the City of Waterloo,Iowa,
authorizing official banking signatures.
Chiles/Wilder
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2024-098.
Resolution approving a request by JSA
Development for an Encroachment
Agreement to allow for the installation of
decorative lights along the public sidewalk
along East Park Avenue in the °C-2°
Commercial District at 425 Franklin
Street.
Chiles/Wilder
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2024-099.
Resolution approving the Real Estate
Purchase Agreement with Zachary Be-
schorner for property located at 1103
Commercial Street, in the amount of
$45,920.00 plus up to $2,000.00 in
closing costs,and authorizing the Mayor
and City Clerk to execute said document.
Chiles/Wilder
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2024-100.
Resolution approving a Purchase Agree-
ment with Landscape Forms, Inc., of
Kalamazoo, Michigan, in the amount of
$51,179.46 in conjunctionj with the FY
2024 Gates Park enovation Amenities
purchase, and authorizing the Mayor to
execute said documents.
Creighton-Smith/Nichols
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2024-101.
Resolution approving a Professional
Service Agreement with Terracon Consul-
tants of Cedar Falls,Iowa,in conjunction
with construction observation and materi-
als testing, with a cost estimate of
$6,692.50, in conjunction with the FY
2024 Bymes Aquatic Center, Contract
No. 1077,and authorizing the Mayor to
execute said documents.
Creighton-Smith/Nichols
Roll Call vote-Ayes: Seven. Motion
carded. Resolution adopted and upon
approval by Mayor assigned No.
2024-102.
Resolution approving changes to the City
Travel and Meeting Policy, effective
February 20,2024.
Creighton-Smith/Nichols
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approe.noval by Mayor assigned No.
nnn
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GVGY-IV,).
Resolution amending a Letter of Intent
originally executed on August 10,2023,
with Trillium Transportation Fuels,LLC,of
Houston,Texas,for a second extension
of ninety days with no additional charge,
for the design,construction,and opera-
tion of a renewable natural gas project at
the City Waste Water Treatment plant
and anaerobic lagoon, and authorizing
the Mayor to execute said document.
Nichols/Wilder
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2024-104.
Ms.Creighton-Smith questioned the need
for a 90 day extension.
Randy Bennett, Public Works Division
Manager,provided an update on the need
for the 90 day extension.
Resolution approving Amendment No. 3
to the Professional Services Agreement
originally executed December 8, 2022,
with Strand Associates Inc.,of Madison,
Wisconsin, for bidding-related services
acvxiated with the Third Party Renewa-
ble Natural Gas Project,and authorizing
the Mayor to execute said document.
NicholsAVilder
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2024-105.
Resolution approving a Real Estate
Purchase Agr ent with Nationstar
Mortgage, LLC,and a deed to sell real
property to the City of Waterloo, in the
amount of$22,000.00,including dosing
costs and fees, located at 233 Gable
Street and authorizing the Mayor to
execute said documents.
Nicholslder
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No. 2-
024-106.
CLOSED SESSION
Closed Session on the purchase of real
estate pursuant to Iowa Code Section
21.5(1)(j).Wilder/Creighton-Smith
to adjourn to an executive session at 6:47
p.m. to discuss the purchase of real
estate pursuant to Iowa Code Section
21.5(1)(j). Roll Cal vote-Ayes: Seven.
Motion carried.
to adjourn from an executive session at
7:03 p.m.Voice vote-Ayes:Seven.Motion
carried.
ADJOURNMENT
Wilder/Creighton-Smith
that the council atljoum at 7:03 p.m.
Voice vote-Ayes:Seven.Motion carried.
Kelley Felchle
City Clerk