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HomeMy WebLinkAbout05/20/24 Regular SessionTHE COURIER AFFIDAVIT OF PUBLICATION Waterloo -Cedar Falls Courier 6915 Chancellor Drive Cedar Falls 50613 (319) 291-1400 State of Florida, County of Duval, ss: Laquansay Nickson Watkins, being first duly sworn, deposes and says: That (s)he is a duly authorized signatory of Column Software, PBC, duly authorized agent of Waterloo -Cedar Falls Courier, a publication that is a "legal newspaper" as that phrase is defined for the city of Cedar Falls, for the County of Black Hawk, in the state of Iowa, that this affidavit is Page 1 of 3 with the full text of the sworn - to notice set forth on the pages that follow, and that the attachment hereto contains the correct copy of what was published in said legal newspaper in consecutive issues on the following dates: PUBLICATION DATES: Jun. 6, 2024 NOTICE ID: VaLxjQ46aHIWeQLXH9t6 PUBLISHER ID: COL-IA-600434 NOTICE NAME: Minutes of 5/20/2024 Regular Session Publication Fee: $450.82 (Signe VERIFICATION State of Florida County of Duval DESTINY KESHAN JACKSON Notary Public - State of Florida Commission # HH47176 Expires on seplember 28, 2024 Subscribed in my presence and sworn to before me on this: 06/11/202 Notary Public Notarized remotely online using communication technology via 4 Proof. Public Notice May20, 2024 The City Council of the City of Water- loo, Iowa, met In Regular Session a1 Harold E. Getty Council Chambers, Waterton, Iowa, at 5.30 PM, on Mon- day, May 20. 2024, Roil Call. Mayor Pro Tem Ray Eau. ln the Chair. Roil Call: Mr. Beeson, Mr. Nichols, Ms. Creighton -smith. Mr. Chiles, Mr. SI- mon, Ms. Wilder and Mr. Feuss. Prayer or Moment of Silence. Pledge of Allegiance, Ray Feuss, Ward 5 Council Member. Approval of Agenda as proposed or am ended. Chiles/Nichols that the agenda, as proposed, be ap- prrayed. Voice vote -Ayes: Seven. Mo- tion carded. Approval of Minutes of May 6, 2924, Regular Council Session as proposed Chiles/Nichols ichols that the minutes of May 6 2024, Regular Session. as proposed, be approved. Voles vote -Ayes. Seven. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Mary Potter, Grout Museum Board Member Jenne. Petersen, Iowa Heartland Habi- tat for Humanity Larry Slumme, 1008 Lois Ln Aaron Stacey Roberts, 411 Almond 51 Barb Perizek, 331 Argyle SI Beverly Cosby, 315 Wendell Cl Michelle Brooks, 1026 Ash St Vapordeal Sanders, 317 Webster St Mr. Chiles commented that a ward meeting will occurat Sidecar Coffee on west Ridgey Avenue this Satur- day at noon. Ms. Creighton -Smith questioned if any studies have been done on Hy -Yee leaving the area. Arlo Schroeder, City Planner, ex- plained that he Is not aware of any studies, SWOT analysis or any pro- posed use for the site at this time, but that he can discuss this wth Noel Anderson. Ms. Creighton -Smith commented that the issue at hand Is much great- er than areas that are marginalized, nodtizedand racism, Its about the system In operation that continues to reproduce after Its kind that must be dismantled. Council needs to get to the core of the problem and listen to our constituents and take action. Mr. Boesen shared that he sits on the Black Hawk Gaming Commission and celebrated the amount of work that Is going into the Walnut Nelgborhood. Mr. Nichols shared that he will have a ward meeting coming up at the wa- terloo Public Ubmry on May 28th at 5:30p Ms. Wilder apologized that HyVee is leaving but shared that council mem- bers and Mayor are meeting with lead- f Yeeer on what can be done. Chile Itl to close public comments_ Voice vote- Ayes'Seven Motion carried, CONSENT AGENDA ChllesAVIlder that the following Items on the consent agenda be received and placed an file, including an amendment to Consent Agenda item No. 14. updating the punt from S10 110.03 to 69,859.72, an amendment to the Bills Payment for April 22. 2024, In the amount of 63,951,505.09. May t3, 2024, In the amount of 36,127,372.52 and May 20, 2024, In the amount of 54,494,932.57, Bills Payment, Finance Commhtee Invoice Summary Report. a copy of Minutes of 5/20/2024 Regular Session - Page 1 of 3 which Is on file in the office of the City Clerk.Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon ap- proval by Mayor assigned No. 2024-299. Resolution approving the request of Scott Whiteman, for a waiver for a concrete driveway, located at 2014 Ashland Ave- nue, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way an an unimppred street. Roll Caovll vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-300. Resolution approving the request of Den- nis Payne tor a waiver for a concrete drive- way, located at 145 Lovejoy Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-301. Resolution approving the request of Mir - sad Sablc fora waiver for a concrete drive- way, located at 4048 E. Shaulis Road, with the elimination of the sidewalk section due to Inability to meet grade requirements. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-302. Resolution approving the request of Irene Shriver for a waiver for an asphalt drive- way, located at 425 Sheridan Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-303. Resolution approving prellmlnary plans, specifications, form et contract, etc., set- ting date of bid opening as June 13, 2024, and date of public hearing as ,June 17, 2024, in conjunction with the FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well Project, Contract No. 1066, and Instruct the City Clerk tc pub- lish notice. Roll Call vote -Ayes: Seven. Motion carrled. Resolution adopted and upon approval by Mayor assigned No. 2024-304. Resolution setting date of public hearing as June 3, 2024, for the sale and con- veyance of city -owned property located at 1738 Flower Street. in the amount of $10,000.00, 10 Babic Properties, LLC, In- cluding approval of a Development Agree- ment for the construction of an 8-plex apartment building, a grant of $5.000.00 per unit for a total grant of $40,000.00 for infill housing development, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-305. Resolution setting date of public hearing as June 3, 2024. for the sale and con- veyance of city -owned property located east of 127 Conger Street, In the amount of $1.00, to Perry and Michelle M. Gam- blln, including approval al a Development Agreement tor construction 01 an accesso- ry structure, and Instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-306. Resolution approving award of bid to Boulder Contracting. LLC, of Grundy Cen- ter, Iowa, In the amount of $238,017.43, approving the contract, bonds. and certif- icate of Insurance, In conjunction with the FY 2025 Sidewalk Ramp and Trail Repair Program - Zone 4, Contract No. 1106, and authorlzing 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. 2024-307. Resolution approving award of bid to Boul- der Contracting, LLC, of Grundy Center, Iowa, In the amount of $94,060,68, ap- proving the contract. bonds, and certifi- cate of insurance. In conjunction with the FY 2024 11th Street Rallroad Crossing Repair Project, Contract N0. 1107, and authorizing the Mayor and Clty Clerk to execute said documents. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-308.Reso- lution approving award of bid to Boulder Contracting, LLC. of Grundy Center, Iowa, In the amount of $53,939.44. approving the contract, bonds. and certificate of in- surance, in conjunction with the FY 2024 Rainbow Drive Railroad Crossing Repair Project, Contract No. 1108, and authoriz- ing the Mayer and City Clerk to execute sald documents. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-309. Resolution in support of an application by The 415 Walnut Collective, for the lows Workforce Housing Tax Credit Program application to the lowa Economic Devel- opment Authority, to construct three new market rate apartments within the Walnut Church, located at 415 Walnut Street, In- cluding a grant of $15,000.00 as approved by city council by Resolution No. 2023-047 on January 17, 2023. Roll Call vote -Ayes: Six. Nays: One (Creighton -Smith). Motion carried. Resolu- tion adopted and upon approval by Mayor assigned No. 2024-310. Resolution in support of an application by The Martin Flats, LLC, for the Iowa Work- force Housing Tax Credit Program appl )ca- tion to the Iowa Economic Development Authority, to construct two new market rate apartments on the upper level, locat- ed at 319 E. 4th Street, Including a grant of $199.000.00 for the overall redevelop- ment project and fifteen years of rebates at 70 percent as approved by city council by resolution No. 2023-744 on November 20,2023. Roll Call vote -Ayes: Six Abstain: One (Wilder) for business reasons. Motion carrled. Resoiutlon adopted and upon ap- proval by Mayor assigned No. 2024-311. Resolution approving request to certify assessments for unpaid snow, weed mow- ing and lot clean-ups, for payments dated January 1, 2023 - March 1. 2024, In the amount of $9,859.72, for properties listed on attached exhibit Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-312. Resolution approving cancellation of assessment for property located at 2306 Clearview Street. in the amount of $230.67, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-313. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - Hrst Offense with Byron Mart, 306 Byron Avenue, Waterloo, Iowa, and acceptance of a chill penalty in the amount of $300.00, 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.2024-314. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - Second offense with West Side Liquor, 919 W. 5th Street, Waterloo, Iowa 50702, and acceptance of a civil penalty in the amount of $1,500.00, and authorizing the Mayor and Clty Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-315. Resolution authorlzing an exception to the City of Waterloo Purchasing Policy for purchasing two Chevy Traverse vehicles, in the amount of $66,507.20, from Enter- prise Fleet Management, tor the Police Department. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-316. Motion to accept and place on file the arbitrage results reflecting that a yield re- duction liability payment of$772.27 is due to the Internal Revenue Service for the General Obligation Bonds Series 2019A. Motion to accept and place on file the arbi- trage results reflecting that a yleld reduc- tion Ilabltlty payment of $1,182.98 Is due to the Internal Revenue Service for the General Obligation Bonds Series 2020A. Motion to approve Change Order No. 1 with Hawkeye Flat Roof Solutions, LLC, of Toledo. Iowa, for a net Increase of $12,500.00, in conjunction with City Hatl Roof Repair, and authorizing the Mayor and Clty Clerk to execute said document. Roll Call vote -Ayes: Slx. Nays: (Simon). Motion carried. Motion to approve Change Order No. 04 with Peterson Contractors. Inc., of Reinbeck, Iowa, for a net increase of $34,652.72, in conjunction with FY 2022 Park Avenue Bridge Replacement Prot- ect, Contract No, 1013, DOT Contract No. BAM-CHBP-8155(771)--NB-07, and authorizing the Mayor and City Clerk to execute said document. Motion to approve a Fireworks Display Ap- plication by the Waterloo Bucks Ball Club for home games beginning at 10:00 p.m. for approximately 10 minutes on May 28, June 5, June 15, July 2, July 4, July 6, July 20 and August 3, 2024. Motion to approve appointment of tndira Krusko, from the current civil service list, to the position of Intake Specialist in the Community Development Department, ef- fective May 22, 2024. Chrls Flschels. Board/Commission: De- sign Review Board, Expiration Date: May 20, 2027, New. Communication from the Fire Department on notice of the conclusion of employment of Michael McClelland. Flrefighter, effec- tive May 1, 2024, with recommendation of approval of payout of $180.40 for unused benefits. Liquor Licenses a. Casey's General Store #2427, 3035 Lo- gan Ave.. Class E Alcohol w'SundaySales (Renewal) Exp: 6/14/2025. b. El Mercadlto, 520 La Porte Rd., Class B Alcohol w/Sunday Sales (Renewal) Exp: 8/20/2025. c. Golden China. 106 Brookeridge Dr., Class C Alcohol w/Sunday Sales (Renew- al) Exp: 5/4/2025. d. Linn Mart, 926 Linn St., Class B Al- cohol w/Sunday Sales (Renewal) Exp: 4/17/2025. e. LuckyWlfe Wine Slushles, 4022 Ser- geant Rd., Special Class C Alcohol wi Outdoor Service and Sunday Sales (New 5-Day) Exp: 7/21;2024. f. Lucky Wife Milne Slushies, 4022 Ser- geant Rd., Special Class C Alcohol wF Outdoor Service and Sunday Sales (New 5-Day) Exp: 9/29;2024. g. Steamboat Gardens, 1740 Falls Ave., Class C Alcohol w/Sunday Sales (Renew- al) Exp: 6/13/2025. h. Smitty's Bar, 709 Jefferson St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 5/26/2025. I. The Isle Casino Hotel Waterloo, 7771s1e of Capri Blvd., Class C Alcohol w'Outdoor Service and Sunday Safes (Renewal) Exp: 4/30/2025. (. Basal Pizza, 225 W. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp:4/30/2025. Bonds. PUBLIC HEARINGS Sale and conveyance of city -owned prop- erty located at 708 W. 3rd Street, in the amount of $2,000.00, to Tramaun Allen, in- cluding approval of a Development Agree- ment and Real Estate Contract for the rehabilitation of a garage and construction et a fence. 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. BoeseNChiles to close hearing. Voice vote -Ayes: Seven. Motion carrled. Boesen/Chiles Resolution authorizing the sale and con- veyance of clty-owned property located at 708 W. 3rd Street, In the amount of $2,000.00 to Tramaun Allen, and authoriz- ing the Mayor and Clty Clerk to execute said documents. Roll Call vote -Ayes: Sev- en. Motion carrled. Resolution adopted and upon approval by Mayor assigned No. 2024-317. Boesen/Chiles Resolution approving a Development Agreement and heal Estate Contract with Tramaun Allen for the rehabilitation of a garage and construction of a fence, and authorizing the Mayor an d City Clerk to ex- ecute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-318. 2024-2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract re -bid for city -owned lots general- ly maintained by the Planning and Zoning Department. ChilewWllder 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. David Dryer: 3145 W. 4th Street, com- mented that he would like to see the actual cost, not Just per occurrence. Chiles/Wilder to close the hearing and receive and file oral comments. Volce vote -Ayes: Seven. Motion carried. ChilewWllder Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote - Ayes: Seven. Motion carrled. Resolution adopted and upon approval by Mayor as- signed No.2024-319. Chiles/Wilder to receive, file, and Instruct the Clty Clerk to read bids. Volce vote -Ayes: Seven. Mo- tion carrled. Bld Estimate: A: $18 per IoVoccurrence (under 1 acre) /I3: $75 per hour/per occur- rence (more than 1 acre) B&B Lawn Care, Inc.Waterloo. EA - 5% • A: $11.41 / 8:S49.99 Mr. Boesen questioned how many acres 310 Upland is as that property was Just added to city owned property. Aric Schroeder, City Planner, commented that it is in the 4 to 5 acre range. M r. Boesen commented that it is Incredibly Important to market and sell city owned lots. Chiles/Wilder Resolution awarding bid to B&B Lawn Care. Inc., of Waterloo, Iowa, In the amount of $11.41 per lot per occurrence for lots under 1 acre, and $49.99 per acre per occurrence tor lets 1 acre or more, in conjunction with the 2024-2025 Residen- tial Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract re -hid for city -owned lots generally maintained by the Planning and Zoning Department. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-320, Sale and conveyance of city -owned property located at 516 Pine Street, in the amount of $1.00, to Iowa Heartland Habitat for Humanity, including approval of a Development Agreement for the re- development of a single family home and a grant of $5,000.00 tor infill housing In- centive. Wilder/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 tor written and oral comments and there were none. Wilder/Chiles to close the hearing. Voice vote -Ayes Sev- en. Motion carrled. Wilder/Chiles Resolution authorizing the sale and con- veyance of city -owned property located at 518 Pine Street, in the amount of $1.00 to Iowa Heartland Habitat for Humanity, and authorizing the Mayor and City Clerk to ex- ecute said documents.Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-321. Wilder/Chiles Resolution approving a Development Agreement with Iowa Hartland Habitat for Humanity for the rehabilitation of a single-family home at 516 Pine Street, with a $5,0 0.00 infill housing grant, and authorizing the Mayor and City Cl er k to ex- ecute sald document. Roll Call vote -Ayes: Seven. Motion carrled. Resolution adopted and upon approval by Mayor assigned Ne. 2024-322. Request by King Automotive to rezone Minutes of 5/20/2024 Regular Session - Page 2 of 3 approximately 1.76 acres from "C-2"Com- mercial District to 'M-1" Light Industrial District for the potential expansion of an existing salvage yard located south of 275 Rampart Lane. Boeser 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. Boesen Wilder to close the hearing and receive and file a recommendation of approval of the Planning, Programming and Zoning Com- misslan. Voice vote -Ayes: Seven. Motion carried. BoesenWilder to receive, file, consider, and pass for the first time an ordinance amending Or- dinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to In Sec- tion 10-4-4, approving a request by King Automotive to rezone approximately 1.76 acres from "C-2' Commercial District to 'M-1"Light industrial District for the poten- tial expansion of an existing salvage yard located south of 275 Rampart Lane. Roll CaII vote -Ayes: Seven. Motion carried. Ms. Creighton -Smith questioned how close this is to homes In the area. Aric Schroeder, City Planner, explained the closest home would be several hun- dred feet at the closest point. Ms. Creighton -Smith thanked Mr. Schro- eder and explained that it It had been only one hundred feet she could not vote In favor. Mr, Chiles questioned if the city has re- ceived complaints about this particular company) Ar Schroeder commented there ave not been any complaints. BoeserdWllder to suspend the rules. Roll Call vote -Ayes: Seven. Motion carried. BoesenvVllder to receive, consider tile, and pass for the second and third times and adopt the ordi- nance. Roll Call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon ap- proval by Maayorr S assigned No.5762. Resolution Napproving a Permanent Easement Agreement in the amount of $1,602.72, wlth Hy-Vee. Inc., for sidewalk and traffic signal Infrastructure, locat- ed near 2181 Logan Avenue. In relation to roadway improvements at the North Crossing Development, and authorizing the Mayor and Clty Clerk to execute said document. Chiles/Wilder Roll Call vote -Ayes: Six. Nays: One (Creighton -Smith). Motion carried. Resolu- ton adopted and upon approval by Mayor assigned No.2024-323. Resolution approving a request by Cedar Valley Fish Market for an Encroachment Agreement to allow for the placement of a food trailer and related items in the right- of-way In front of 218 Division Street, and authorizing the Mayor and Clty Clerk to execute said documents. ChllesWilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-324. ADJOURNMENT Chiles/Wilder that the council adjourn at 6:16p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk COL-IA-600434 Minutes of 5/20/2024 Regular Session - Page 3 of 3