HomeMy WebLinkAbout08.18.2025_Council_Regular_SessionDocusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
August 18, 2025
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, August 18, 2025.
Roll Call.
Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr.
Chiles, Mr. Simon, Ms. Wilder (via Zoom) and Mr. Feuss.
Prayer or Moment of Silence.
Pledge of Allegiance, Ray Feuss, Ward 5 Council Member.
Approval of Agenda as proposed or amended.
Feuss/Nichols
that the agenda as proposed be approved. Voice vote -Ayes: Seven. Motion carried.
Approval of Minutes of the August 4, 2025 regular session, as proposed or amended.
Feuss/Nichols
that the minutes of the August 4, 2025, Regular Session, as proposed, be approved. Voice
vote -Ayes: Seven. Motion carried.
PUBLIC COMMENTS
The following individuals commented on various subjects.
Aaron Stacey Roberts, 411 Almond
Troy Everts, 1612 Franklin
Marcella Gruver, 203 Miriam Drive
Megan Butler, 818 Clough
Beverly Cosby, 315 Wendell
John Hayes, 110 Sunset
Nick Hendrick, Main Street Waterloo Board Member
LaTonya Graves, 607 E. Donald Street
David Dryer, 3145 W. 4th Street
Mr. Boesen questioned if the street sweepers are able to get out on their regular schedule to
clean up streets.
Randy Bennett, Public Works Division Manager, provided an update on street maintenance and
shared that staff are a bit behind due to storm clean-up efforts.
Feuss/Chiles
to close pubic comments. Voice vote -Ayes: Seven. Motion carried.
CONSENT AGENDA
Page 1 of 10
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
Feuss/Nichols
that the following items on the consent agenda be received and placed on file, including the
payment of bills for August 11, 2025, in the amount of $6,891,780.79, and August 18, 2025, in
the amount of $4,552,521.68, be received and placed on file. Roll Call vote -Ayes: Seven.
Motion carried.
Mr. Boesen requested Item No. 6 be considered separately.
Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the
office of the City Clerk.
Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2025-455.
Resolution approving a cancellation of a sidewalk assessment for 304 South Street, Certificate
No. 35-0017080, in the amount of $1,817.06.
Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2025-456.
Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - First
Offense with Jim's Foods, 437 Sullivan Avenue, Waterloo, Iowa 50701, and acceptance of a
civil 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. 2025-457.
Resolution approving request of Maywood Real Estate, LLC, for a waiver for a concrete
driveway, located at 108 Ogden Avenue, and authorizing the construction of an asphalt
driveway and placing a driveway or sidewalk on City -owned right-of-way on an unimproved
street.
Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2025-458.
Resolution approving the request of Rex Reed for a waiver for a concrete driveway, located at
389 Derbyshire 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. 2025-459.
Resolution of support for an application by 1515 Sycamore, LLC, for the Iowa Historic Tax
Credit Program to the Iowa Economic Development Authority, to construct 87 dwelling units in
conjunction with the rehabilitation of the Rath Administration Building, located at 1515
Sycamore Street, as approved by development agreement approved by the City Council by
Resolution No. 2024-220, on April 15, 2024.
This item was moved to be considered separately.
Resolution approving cancellation of a sidewalk assessment for property located at 1121 W. 8th
Street, in the amount of $279.47, and authorizing the City Clerk to notify Black Hawk County
Page 2 of 10
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
Treasurer of said cancellation.
Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2025-460.
Resolution approving an Award Agreement with the Iowa Levee Improvement Fund, for a grant
in the amount of $280,000.00, in conjunction with the FY 2024 Hawthorne Avenue Storm Sewer
Lift Station Relief Well, Contract No. 1066, 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. 2025-461.
Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid
opening as August 28, 2025, and date of public hearing as September 2, 2025, in conjunction
with Asbestos Abatement Services, Contract AB-2025-08-01P, and instruct the City Clerk to
publish notice.
Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2025-462.
Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid
opening as September 4, 2025, and date of public hearing as September 15, 2025, in
conjunction with the FY 2026 Sidewalk Repair Assessment Program - Zone 5A, Contract No.
1127, and instruct the City Clerk to publish notice.
Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2025-463.
Resolution setting date of public hearing as September 15, 2025, to approve proposed repairs,
in conjunction with the FY 2026 Sidewalk Inspection and Repair Program — Zone 5A, and
approve a request to send out notification to property owners of proposed sidewalk repairs and
estimate of costs, and instruct the City Clerk to publish notice.
Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2025-464.
Resolution setting date of public hearing for Monday, October 6, 2025 on an application for a
State Revolving Fund loan and to make available to the public the contents of an environmental
information document and the City's project plan, and instruct the City Clerk to publish notice.
Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2025-465.
Motion to approve Change Order No. 1 with Owen Contracting, Inc., of Cedar Falls, Iowa, for a
net decrease of $139,049.45, in conjunction with Reconstruction of Taxiway A West, FAA AIP
Project No. 3-19-0094-056-2023, and authorizing the Mayor and City Clerk to execute said
document.
Resolution approving Completion of Project and Recommendation of Acceptance of Work for
work performed by Owen Contracting, Inc., of Cedar Falls, Iowa, in the amount of
Page 3 of 10
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
$2,328,474.30, in conjunction with the Reconstruction of Taxiway A West, FAA AIP Project No.
3-19-0094-056-2023 BIL.
Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2025-466.
Motion to approve the appointment of Amber Chase to the position of Administrative Secretary
in the Waste Management Department, effective August 19, 2025.
Communication from the Building Inspections Department on the notice of the conclusion of
employment of Timothy Troyer, Combination Inspector II, effective July 18, 2025, with
recommendation of approval of payout of $3,713.07 for unused benefits.
Communication from the Library Department on the notice of the conclusion of employment of
Mariah Bell, Library Assistant, effective August 1, 2025, with recommendation of approval of
payout of $1,498.54 for unused benefits.
Motion to approve Exception to Burning Yard Waste Application by B & K Lawn Care to burn a
15-foot strip of native prairie vegetation around a pond on property located at Landmark
Commons, 1400 Maxhelen Blvd., August 18-30, 2025, 9:00 a.m. - noon.
Motion to approve Exception to Burning Yard Waste Application by Cedar Valley Soccer Club to
burn native prairie vegetation around the 21-acre complex located at 3238 Dewitt Road,
October 20—December 31, 2025.
Cigarette/Tobacco/Nicotine/Vapor Permits
New Star Fletcher, 315 Fletcher Avenue. (Device Permit)
Express Mart, 2027 Falls Avenue. (Device Permit)
Liquor Licenses
Dollar General #30998, 5570 Washington Street, Class B w/Sunday Sales (Ownership Update)
Exp: 03/22/2026.
Dub's Pub, 1106 LaPorte Road, Class C w/Outdoor Service and Sunday Sales, (Renewal),
Exp: 09/12/2026.
Dub's Pub, 1106 LaPorte Road, Class C w/Outdoor Service and Sunday Sales, (Outdoor
Service) Exp: 09/13/2025.
Hy-Vee Food Store #1, 2834 Ansborough Avenue, Class E w/Sunday Sales (Ownership
Update) Exp: 03/23/2026.
Hy-Vee Food & Drug Store #3, 1422 Flammang Drive, Class E w/Sunday Sales (Ownership
Update) Exp: 02/08/2026.
Hy-Vee Wine & Spirits #1, 2126 Kimball Avenue, Class E w/Sunday Sales (Ownership Update)
Page 4 of 10
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
Exp: 11/14/2026.
Hy-Vee Fast & Fresh #1, 3700 University Avenue, Class E w/Sunday Sales (Ownership
Update) Exp: 10/31/2026.
Hy-Vee Clubroom #1, 2834 Ansborough Avenue, Class C w/Sunday Sales (Ownership Update)
Exp: 10/16/2025.
Hy-Vee Fast & Fresh #3, 1512 Flammang Drive, Class B w/Sunday Sales (Ownership Update)
Exp: 08/26/2026.
Kwik Star #229, 1717 E. San Marnan Drive, Class B w/Sunday Sales (Renewal), Exp:
09/24/2026.
Locke at Tower Park, 4140 Kimball Avenue, Class C w/Outdoor Service and Sunday Sales
(Renewal) Exp: 09/20/2026.
Placita, 321 W. 4th Street, Class B w/Sunday Sales (Renewal) Exp: 07/13/2026.
RiverLoop Expo Plaza, Class C w/Sunday Sales (Temporary Premise Transfer) Exp:
08/30/2025.
Uni Mart, 1615 Bishop Avenue, Class E w/Sunday Sales (Premises Update) Exp: 02/26/2026.
XO Food & Liquor, 428 Franklin Street, Class E w/Sunday Sales (Renewal) Exp: 08/09/2026.
Bonds.
Item No. 6
Boesen/Nichols
Resolution of support for an application by 1515 Sycamore, LLC, for the Iowa Historic Tax
Credit Program to the Iowa Economic Development Authority, to construct 87 dwelling units in
conjunction with the rehabilitation of the Rath Administration Building, located at 1515
Sycamore Street, as approved by development agreement approved by the City Council by
Resolution No. 2024-220, on April 15, 2024. Roll Call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2025-467.
Mr. Boesen requested additional information on the project and shared that it appears that the
developer is re -applying for tax credits.
Aric Schroeder, City Planner, provided an overview of the purpose of the resolution.
Mr. Boesen requested a timeframe for the project, especially as it relates to the development
agreement.
PUBLIC HEARINGS
Request by the City of Waterloo to rezone approximately 0.15 acres of land from "R-2,_ C-Z"
Conditional Zoning District to "R-2" One and Two Family Residence District west of 207 Hope
Avenue.
Nichols/Creighton-Smith
to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven.
Page 5 of 10
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
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/Creighton-Smith
to close the hearing and receive and file recommendation of approval of the Planning,
Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried.
Nichols/Creighton-Smith
to receive, file, consider, and pass for the first 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 to rezone
approximately 0.15 acres of land from "R-2, C-Z" Conditional Zoning District to "R-2" One and
Two Family Residence District west of 207 Hope Avenue. Roll Call vote -Ayes: Seven. Motion
carried.
Nichols/Creighton-Smith
to suspend the rules. Roll Call vote -Ayes: Seven. Motion carried.
Nichols/Creighton-Smith
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.
5084.
Sale and conveyance of approximately 0.19 acres of city -owned property, located west of 720
Upton Avenue, in the amount of $5,000.00, to Half Dozen Properties, LLC., including a
Development agreement.
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.
David Dryer, 3145 W. 4th Street, questioned the incentives for the property and why it is not
considered a joint -venture considering the incentives the city is providing for the project.
Aric Schroeder, City Planner, commented that the no joint venture language in the development
agreement is a legal term that is in all development agreements and provided an overview of
the term. He further provided an overview of the plans for the project.
Megan Butler, 818 Clough Street, questioned if the $5,000.00 incentive policy is only for
developers or if it is open to any resident in Waterloo.
Boesen/Nichols
to close hearing and receive and file oral and written comments. Voice vote -Ayes: Seven.
Motion carried.
Page 6 of 10
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
Boesen/Nichols
Resolution authorizing the sale and conveyance of city -owned property located west of 720
Upton Avenue, in the amount of $5,000.00 to Half Dozen Properties, LLC, 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. 2025-468.
Mr. Boesen questioned if the property is located in the University Avenue TIF District.
Aric Schroeder, City Planner, commented that he would have to check the TIF map and report
back.
Boesen/Nichols
Resolution approving a Development Agreement with Half Dozen Properties, for the
construction of a two-family dwelling, having an approximate value of $320,000.00, and an infill
incentive grant of $10,000.00, 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. 2025-469.
Sale and conveyance of approximately 0.20 acres of city -owned property, located northeast of
326 West 14th Street, in the amount of $1.00, to 5 Bees, LLC, including a Development and
Minimum Assessment Agreement.
Chiles/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.
David Dryer, 3145 W. 4th Street, commented that the development allows the city to purchase
Exhibit A2 and sell it to the property owner. He commented that he believes the property owner
should just purchase the land this developer wants the property.
Aric Schroeder, City Planner, commented that he does not have the actual purchase amount on
hand, and provided an overview of the property that was purchased and the development plan.
Mayor Hart commented that there is a portion to the west of this parcel that came with this
property that is already developed and has been assessed for over a million dollars and the
money coming in for that development is already above what the city paid for the property.
John Brundrett, 5 Bees LLC, provided an overview of the project and commented that with
future development in the area, the revenue coming in from this half a block will definitely offset
costs.
Forest Dillavou, 1725 Huntington Road, commented that these developments will pay back to
the Downtown TIF.
Chiles/Nichols
to close hearing and receive and file oral comments. Voice vote -Ayes: Seven. Motion carried.
Page 7 of 10
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
Chiles/Nichols
Resolution authorizing the sale and conveyance of city -owned property located northeast of 326
West 14th Street, in the amount of $1.00 to 5 Bees, LLC, 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. 2025-470.
Mr. Boesen commented that the development is located in the Rath TIF District.
Mr. Simon commented that if it is unknown what was going into the building, it is just a nice -
looking building.
Ms. Creighton -Smith shared that she is pleased that something is happening there because it
has been horrible.
Chiles/Nichols
Resolution approving a Development Agreement with 5 Bees, LLC, for the construction of a
2,560-square-foot building, with an approximate value of $178,000.00 and options for additional
land, 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. 2025-
471
Sale and conveyance of city -owned property located south of 427 Iowa Street, to Iowa
Heartland Habitat for Humanity, in the amount of $1.00, for the rehabilitation of 427 Iowa Street
in the Walnut Neighborhood, including a Development Agreement.
Feuss/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.
Feuss/Nichols
to close the hearing. Voice vote -Ayes: Seven. Motion carried.
Feuss/Nichols
Resolution authorizing the sale and conveyance of city -owned property located south of 427
Iowa Street, to Iowa Heartland Habitat for Humanity, in the amount of $1.00, for the
rehabilitation of 427 Iowa Street in the Walnut Neighborhood 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. 2025-472.
Feuss/Nichols
Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for
rehabilitating one single-family home located at 427 Iowa Street and conveyance of the
property south of 427 Iowa Street for $1.00, 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. 2025-473.
RESOLUTIONS
Page 8 of 10
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
Resolution approving a Hold Harmless Agreement with Cedar Valley Catholic Schools of
Waterloo, Iowa, in conjunction with student and parent ingress and egress through Miller Park
off Carolina Avenue for the 2025-2026 school year, and beyond , and authorizing the Mayor
and City Clerk to execute said document.
Nichols/Creighton-Smith
Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2025-474.
Megan Butler, 818 Clough, questioned if the Catholic schools will be taking over mowing
Miller's Park and if it could be turned into a native prairie.
James Bolger, Interim Assistant Director Leisure Services, explained that the Catholic schools
will do the snow removal for the path but will not take over the mowing. He commented that the
area does get used as a playground at times and shared that the city will maintain the mowing,
and that he will touch base with the natural resources technician on whether the detention basin
could be used as a native grass area.
Resolution approving a Professional Services Agreement with Public Consulting Group, in the
amount of five percent of federal share of reimbursements received from participation in the
Ground Emergency Medical Transport program for each cost reporting cycle covered under
said agreement and authorizing the Mayor to execute said document.
Nichols/Creighton-Smith
Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2025-475.
David Dryer, 3145 W. 4th Street, requested an overview of the agenda item.
Bill Beck, Fire Chief, provided an overview of the item.
Resolution approving a temporary easement agreement in the amount of $2,867.00 with John
P. Khairallah, located at 520 La Porte Road, in conjunction with the La Porte Road Phase II
Reconstruction Project, 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. 2025-476.
Resolution approving a request by VJ Engineering on behalf of 3 Stooges, LLC for the Final
Plat of Martin Road Subdivision, a 3-lot industrial subdivision in the "M-2-P" Planned Industrial
District located at 1330-1350 Martin Road.
Chiles/Simon
Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2025-477.
Resolution approving a request by Claude L. Manning and Rose M. Manning for an
Encroachment Agreement to allow for a fence on city -owned right-of-way in the "R-2" One- and
Page 9 of 10
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
Two -Family Residence District located south of 806 Cloverdale Avenue on Lucas Street.
Chiles/Simon
Roll Call vote -Ayes: Zero. Nays: Seven. (Boesen, Nichols, Creighton -Smith, Chiles, Simon,
Wilder and Feuss). Motion failed. Resolution No. 2025-478.
Mr. Boesen commented that a similar item was voted down last week by the neighbor and the
council voted it down. He shared that this homeowner did not take out a permit when they put
the fence in, and it is encroaching quite a bit onto the Lucas Street right-of-way.
ADJOURNMENT
Feuss/Nichols
that the council adjourn at 6:28 p.m. Voice vote -Ayes: Seven. Motion carried.
Signed by:
f
Kelley Felchle
City Clerk
Page 10 of 10