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Home My WebLink About8.19.2024 Council Regular Session Minutes AffidavitTHE COURIER AFFIDAVIT OF PUBLICATION Waterloo -Cedar Falls Courier 6915 Chancellor Drive Cedar Falls 50613 (319) 291-1400 State of Pennsylvania, County of Lancaster, ss: Kevin King, 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: Aug. 29, 2024 NOTICE ID: 5iE0x8u8CtWsRM9mSgKN PUBLISHER ID: COL-IA-600870 NOTICE NAME: 08.19.2024 Council Regular Session Minutes Publication Fee: $452.81 (Signed) VERIFICATION State of Pennsylvania County of Lancaster Commonwealth of Pennsylvania - Notary Seal Nicole Burkholder, Notary Public Lancaster County My commission expires March 30, 2027 Commission Number 1342120 Subscribed in my presence and sworn to before me on this: 08/30/20 Notary Public Notarized remotely online using communication technology via 4 Proof. Public Notice August19. 2024 The City Council of the City of Water- oo.lava. met In REGULAR SESSION at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 PM, on Mon- day, August 19, 2024. Rail Call. Mayor Pro Tem Ray Reuse In the Chair. Rob Call: Me Boesen, Mr. Nichols, Ms. Creighton -Smith. Mr. Chiles, Mr. SI- mon, Ms. W ilder and Mr. Feuss. Prayer or Moment of Silence. Pledge of Allegiance, John Chlles, Ward 1 Council Member. Approval a1 Agenda as proposed or amended. Nichols/Simon that the agenda be approved. Vince vote -Ayes: Seven. Madan carried. Approval of Minutes of the August 5, 2024, Regular Council Session and the August 9, 2024. Special Council Session. as proposed or amended. Nichols/Simon that the minutes of August 5, 2024. Regular Session and August 9, 2024, Special Session, as proposed, be ap- proved. Voice vote -Ayes: Seven. Mo- ccarried. PUBLIC COMMENTS The following todlviduals commented on various subjects. Mary Potter. Grout Museum Trustee Aaron Stacey Roberts. 411 Almond Street Marcella Gruver, 203 Miriam Drive Nick Hendrick, 207 Highland Boule- vard Mr. Chiles reminded Ward 1 his office hours 111 be August 31, 2024. Mr. Simon encouraged citizens to re - arch and educate themselves on the school plans for construction and vote and Informed citizens that the council has no Input In the school plans or instruction decision. Ms. Creighton -Smith explained the school building plans are on the ballot and encouraged citizens to vote. Ms. Wilder commended local busi- nessesfor coming together to pro- vide hildren with school re to se over 400 kids with s resources supplies ad haircuts for the new year. Mr. Pause commented on events that es dlvereity to Waterloo along witaair electronic muse festival forthe first time. Nichols/Creighton-Smith to close public comments. Solos vote - Ayes'. Seven. Motion carried. CONSENT AGENDA MchalsAMllder Mal the following hems on the consent agenda. Including payment of bills for August S2, 2024, in the amount of $5.045.903.37, and August 19, 2024, In the amount of S3,931.807.39 be re- d and placed on Ills. Roll Call vote -Ayes', Six. Nays: Creigh- ton -Smith on No. Item No. 20. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of vein is on file in the throe of the City Clerk Resolution adopted and upon approv- al by Mayor assigned No. 2924-473. Resolution approving the sale at a used pickup truck from the Flre De- partment via the wave webers, Resolution adopteded and and upon approv- al by Mayor assigned Na 2029.474. Resolution authorizing an exception to the City of Waterloo Purchasing Policy far purchasingo3 Ford F450 trucks, torntmSlicers F Waukee, Iowa, In the amount of H150,516.75. for the Street Department. Resolution adopted and upon ppp oval by Mayor assigned No.2029.475. Resolution approving preliminary plans, specifications, farm of contract, Ic..eetting the date of bid opening as September 5, 2024, and date of pub- 08.19.2024 Council Regular Session Minutes - Page 1 of 3 hearing as September 16, 2024, in con- junction with the FY 2025 Sidewalk Repair Assessment Program - Zone 4, Contract No. 1111. and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-476. Resolution setting date of public hear- ing as September 3, 2024, for the sale and conveyance of city -owned property located east of 415 Newell Street, in the amount of $1.00, to Lucy Evans, including approval of a Development Agreement for the demolition of the home formerly at 437 Newell Street, and Instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-477. Resolution setting date of public hearing as September 3, 2024. for the sale and conveyance of city -owned property locat- ed southeast of 1907 Black Hawk Street, In the amount of $1.00, to 5 Bees, LLC, in accordance with the Master Development Agreement approved on July 13. 2020, for the construction of a new 5.000 square foot building with a minimum assessed value of $375,000.00 and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-478. Resolution approving Completion of Proj- ect and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, tows, In the amount of $211,889.50. in conjunction with the FY 2023 Greenbelt Lake REAP Grant Project Phase II, Con- tract No. 1085, and receive and file a two- year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2024-479. Motion to approve Change Order No. 1 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $21,450.00, in conjunction with the FY 2024 Crossroads Boulevard Median Im- provement, Contract No. 1089, and autho- rizing the Mayor and City Clerk to execute said document. Motion to approve Change Order No. 15 with Peterson Contractors. Inc., of Rein - beck, Iowa, in the amount of $22,548.61, In conjunction with FY 2020 University Avenue Reconstruction Phase 3 Project, Contract No. 971, and authorizing the Mayor and City Clerk to execute said doc- ument Motion to approve Change Order No. 11 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $51,478.50, in conjunction with the FY 2022 Sullivan Brothers Plaza Renova- tion, Contract No.1059. and authorizing the Mayor and City Clerk to execute said document. Motion to approve Final Quantity Summa- ry with Vieth Construction Corporation, of Cedar Falls. town, for a net decrease of $2,372.00, in conjunction with the FY 2023 Greenbelt Lake HEAP Grant Project Phase it, Contract No. 1085, and autho- rizing the Mayor and City Clerk to execute said document. Motion to approve the appointment of Mi- chael Smock, from the Civil Service list, to the position of Operator in the Waste Management Services Department. effec- tive August 20, 2024, pending pre -employ- ment physical and drug testing. Motion to approve the appointment of Ar- nell Ernst from the current Civil Service List to the position of Clerk 41in the Police Department, effective August 20, 2024. Communication from the Library Depart- ment on the notice of the conclusion of employment of Austin Newland. Library Assistant, effective July 22, 2024, with recommendation of approval of payout of $1 ,819.01 for unused benefits. Communication from the Street Depart- ment on the notice of the conclusion of employment of Eugene Smith, Equipment Operator I, effective July 22, 2024, with recommendation of approval of payout of $9,478.46 for unused benefits. Communication from the Sanitation De- partment on the notice of the conclusion of employment of Dennis Moore, Solid Waste Technician, effective July 19, 2024, with recommendation of approval of payout of $3,467.79 for unused benefits Communication from the Street Depart- ment on the notice of the conclusion of employment of Shawn Fisher. Street Director, effective 7/26/2024 with rec- ommendation of approval of payout of $7,065.79 for unused benefits Claudia Rivera, Board/Commission; Hu- man Rights Commission, Expiration Date: August 19, 2025, [New Partial]. Liquor Licenses a. Bamboo Ridge Campground, 4550 La Porte Rd., Class B Alcohol wlSunday Sales (Renewal) Exp: 9/1 8r2D25. b. BJ's Bar and Billiards. 1101da St.. Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Lap: 7/24/2025. c. Casey's General Store H2879, 3260 University Ave., Class E Alcohol wlSunday Sales (Renewal) Exp: 9/39/2025. d. Liquor and Tobacco Outlet, 2844 Uni- versity Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 8/15r2025. e. XO Food & Liquor, 428 Franklin St., Class E Alcohol wlSunday Sales (Renew- al) Exp: 8//9/2025. 1. RV Mlxology, Hess Rd., Class C Alco- hol wfOutdoor Service and Sunday Sales (New) Lap: 8✓26/2024. g. Chilitos Mexican 13ar and Grill, 441 E. Tower Park Dr., Class C Alcohol wlOut- door Service and Sunday Sales (Renewal) Exp: 8/7/2025. h. Byron Mart, 306 Byron Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 8/9/2025. i. Waterloo Center for the Arts, 300 Jeffer- son St. Class C Alcohol (New 1-Day Trans- fer - B/31) Sop: 9/1/2024. Motion approving CigqarettelTobaccs/Nic- otineNapor Permit Application for Vape Time, 325 Franklin Street. Bonds. PUBLIC HEARINGS Sale and conveyance of city -owned prop- erty located at 1003 Vine Street, in the amount of $5,500.00, to JLS Partners Properties, LLC. 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. David Dryer-3145 W. 4th Street, stated it appears the city is once again giving prop- erty away. Nick Hendrick-207 Highland Boulevard, stated he is very excited this is being pur- chased and is being rehabbed as he lives on Highland Boulevard and this has been a blighted home for years. Chiles/Wilder to close the hearing. Voice vote -Ayes: Sev- en. Motion carried. Chiles/Wilder Resolution authorizing the sale and con- veyance of city -owned property located at 1003 Vine Street, in the amount of $5,500.00, to JLS Partners Properties, LLC, and authorizing the Mayor and City Clerk to execute said documents. Mr. Chiles questioned the current as- sessed value of the property. Aric Schroeder, City Planner, explained only one proposal was received and the only option for this property is demolition. Mr. Chiles commented he asked, as he assumes plans for the property will raise the assessed value with Improvements and continue to raise valuations In the city. Mr. Boesen agrees with the sale of the property but would Ilke to stress owner -oc- cupation with these types of agreements. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-480. Chiles/Wilder Resolution approving a Development Agreement and Real Estate Contract with Marcelino Halton Perez for the reha- bilitation of 1003 Vine Street, including a refund of $5,000.00 of the purchase price and a $5,000.00 lnflll housing grant upon completion of the project, 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.2024-481. RESOLUTIONS Resolution approving a Development Agreement with tows Heartland Habitat for Humanity for the construction of residen- tial units at 512 Almond Street, Including a $5,000.00 inflll Incentive for each unit, $37,000.00 in acquisition fees, and dem- olition of the existing structure, and autho- rizing the Mayor and City Clerk to execute said document. Nichois/Chiles David Dryer-3145 W. 4th Street, ques- tioned who was receiving the $37,000.00 and does a development agreement establish when taxes will start once con- struction is completed. Noel Anderson, Community Planning Development Director. explained this is a 657A project in the historic district, along with a vacant lot. The city Is working with Habitat for Humanity to be able to con- struct a three-plex or residential unit on the vacant lot. The current owner will sell the property to Habitat and the City will reim- burse Habitat for $37,000.00. Habitat has four years to complete construction. The property owner is working with Habitat for Humanity to sell the lot to them. Taxes on the structure will start In five years, per the agreement. M r. Simons questioned the Interest earned on the $37,000.00 during the construction period and if this is typical when the own- ership is transferred and paid. Noel Anderson responded that this is the typical procedure for the city. Mr. Boesen commented this is commercial blight and is happy to see new construc- tion in the area. Mr. Chiles agreed with Mr. Boesen and is looking forward to this being developed. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adapted and upon approval by Mayor assigned No. 2024-482. Resolution approving a Temporary Con- struction Easement Agreement with Rob- ert J. Greenwood and Cheryl L. Green- wood, located at 1875 Westchester Road. in conjunction with the Sunnyside Creek Drainage Improvements Project, and au- thorizing the Mayor and City Clerk to exe- cute said document. Nichols/Chiles Roll Call Vote -Ayes; Slx. Rob Nichols re- cused himself for financial reasons. Motion carried. Resolution adopted and upon ap- proval by Mayor assigned No. 2024483. Resolution approving a Temporary Con- struction Easement Agreement in the amount of $369,04 with The Sunnyside Country Club, Inc., located at 1600 Olym- pic Drive, in conjunction with the Sunny- side Creek Drainage improvements Proj- ect, and authorizing the Mayor and City Clerk to execute said document. Chiles/Creighton-Smith Mr. Chiles questioned if this will solve the drainage Issues right south of Sunnyside. Jaime Knutson, City Engineer, explained this and the retention basin between Hwy. 20 and San Marnan will help to improve the flow in the channel to help with drain- age. Mr. Boesen questioned if the city owns the land where the retention basin is be- ing built. Jaime Kutson explained the city is working to acquire those fourteen acres far the re- tention basin. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adapted and upon approval by Mayor assigned No. 2024-484. Resolution approving a Temporary Con- struction Easement Agreement In the amount of $618.00 with Hole 7 Develop- ment, LLC., located east of 1920-1930 Kamille Court, in conjunction with the Sunnyside Creek Drainage Improvements Project, and authorizing the Mayor and City Clerk to execute said document. Chiles/Creighton-Smith Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-485. Resolution approving the 28E Agreements between Waterloo Fire Rescue and the Northeast Iowa Response Group, con- sisting of All amakee. Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, How- ard. Poweshiek, Tama. and Winneshiek Counties, to provide support personnel and equipment in event of a hazardous substance emergency, and authorizing the Mayor and City Clerk to execute said documents. Chiles/Creighton-Smith Mr. Boesen questioned how Black Hawk County pays into the agreement and if the per capita was raised this year. Bill Beck. Fire Chief, responded he would provide Mr. Boesen with that information. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-486. Resolution approving a Professional Services Agreement with AECOM Tech- nical Services, of Waterloo. Iowa, in the amount of $1,732,900.00 for inspections, In conjunction with the FY 2024 La Porte Road improvements, IDOT Agreement No. HOP-8155(787)--71-07, Contract No. 1016, and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Nichols Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-487. Resolution approving a Right -of -Way Li- cense Agreement with La Porte CityTele- phone Company, of La Porte City, Iowa, for the placement of utilities within City right- of-way, and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Nichols David Dryer-3145 W. 4th Street, ques- tioned if La Porte City will pay any fee for the right-of-way authorization. Jamie Knutson, City Engineer, explained La Porte City telephone will be paying a permit and right-of-way fees based on how much cable they are putting In the ground, same as any other fiber optic utility. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-488. Resolution approving a Professional Ser- vices Agreement with ISG Inc., of Wa- terloo, Iowa, In the amount of $5,400.00, In conjunction with the No Passing Zone Analysis, and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Nichols David Dryer-3145 W. 4th Street, ques- tioned if the Department of Transportation picked up any of the expense. Jamie Knutson, City Engineer, explained a federal grant wilt be used to pay for that portion of the work. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-489, Resolution approving a Street Lighting Agreement with MidAmerican Energy, In the amount of $4,214.66, for Installation of one streetlight to be located at the en- trance of Paradise Estates, and authoriz- ing the Mayor and City Clerk to execute said document. Creighton-Smith/Nichols Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-490. Resolution approving a Professional Ser- vice Agreement with Automatic Systems Co.. of Ames, Iowa, in the amount of $95,492.00, in conjunction with the W WTP Building 15 PLC Upgrades, and authoriz- ing the Mayor to execute said document. Nichols/Chiles Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-491 Resolution approving Supplemental Agreement No. 6 to a Professional Ser- vices Agreement with AECOM of Water- loo, Iowa, in the amount of $125,000.00, originally executed on April 8, 2015, in conjunction with planning and engineering services to assist the Waste Management Services Department, and authorizing the Mayor to execute said document Nichols/Chiles David Dryer-1145 W. 4th Street, ques- tioned the original amount In the agree- ment and if this is an increase? Randy Bennett, Public Works Division Manager, explained he doesn't know the amount of the original contract, that this is an ongoing agreement for professional consulting services Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-492, Resolution approving a Professional Ser- vices Agreement with iSG, Inc. of Water- 08.19.2024 Council Regular Session Minutes - Page 2 of 3 leo, lows, in the amount of 8.5 percent of the total cost of furniture purchased for the Waterloo Convention Center, in con- junction with the Furniture Plan and Bid for the Waterloo Convention Center. and authorizing the Mayor to execute said document. Nichols/Chiles David Dryer- 1145 W. 4th Street, ques- toned If there is no one in the city capable of selecting furniture and why this wasn't Included in the original agreement. Noel Anderson, Community Development and Planning Director explained this is a matter of not only purchasing furniture for the entire convention center but designing, coordinating, planning, and overseeing the installation of furniture and accesso- ries. Including carpeting, desktops, and electrical connections. Mr. Boesen questioned if the city pur- chased an assortment of furniture as part of the remodeling project. Noel Anderson, Community Development and Planning Director, explained the city has not had any large purchase of furni- ture, but that the operator has made furni- ture purchases. Mr. Boesen stated the city has been re- imbursing the operator for a lot of their expenses, so technically, we have been purchasing furniture. Noel Anderson agreed that the city has been reimbursing the operator for pur- chases under the agreement. Mr. Beeson questioned if we are set- ting a cap of 8.5% for a not -to -exceed $200,000.00, or if It would need to come back before the council. Mr. Anderson agreed this was a not -to -ex- ceed amount. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-493. OTHER COUNCIL BUSINESS FY 2025 S]DEWALK REPAIR ASSESS- MENT PROGRAM - ZONE 4 Resolution approving proposed construc- tion of sidewalk improvements. Resolution to fix value of lots. Resolution to adopt proposed plat and schedule of assessments and estimate of costs. Resolution of necessity and setting date of public hearing as September 16, 2024. BoeserVNicheis Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-494. BoeservNichols Roll Cat Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-495. BoeserVNichels Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-496. Boesen'Nicels Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-497. ADJOURNMENT Nichols/Boesen that the Council adjourn at 6:14 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk COL-IA-600870 08.19.2024 Council Regular Session Minutes - Page 3 of 3