The URL can be used to link to this page

Home My WebLink About09.02.2025 Council Regular Session Minutes - AffidavitTHE COURIER AFFIDAVIT OF PUBLICATION VERIFICATION State of New Jersey County of Camden Waterloo -Cedar Falls Courier 6915 Chancellor Drive Cedar Falls 50613 (319) 291-1400 State of New Jersey, County of Camden, 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: Sep. 13, 2025 NOTICE ID: 6KdeBgZcEGBiXbXIdRoD PUBLISHER ID: COL-IA-602792 NOTICE NAME: 09.02.2025 Council Regular Session Minutes Publication Fee: $559.39 (Signed)Caq (*i'1 y Ni r i IYV�tk'kr SHARONN E THOMAS-POPE NOTARY PUBLIC STATE OF NEW JERSEY My Commission Expires January 23, 2027 Subscribed in my presence and sworn to before me on this: 09/17/2025 51,4 Cia Notary Public Notarized remotely online using communication technology via Proof. September 2 2025 The City Council o1 the Gay of Water- loo. Eowa. mat In Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 PM, on Tues- day, September 2. 2025. Rod Calf. Mayor Quenon Hart In the Chair Roll Call: Mr. &nesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Chiles, Mr. 51- mon (via Zoom), Me. Wilder and Mr. Feu.. Prayer or Moment of Silence. Pledge of Allegiance, Mayor Quentin Hall. Approval of Agenda as proposed or amentletl. Feuss1Nlohols that the agenda as amended, by re- moving item 83 to be discussed in a Work Session, be approved. Volpe vote -Ayes: Seven. Motion canied. Approval of Minutes of the August 18. 2025, regular council meeting. as pro- posed or amended. Feues/Ni0hols that the minutes o1 the August 16, 2025, Regular Session meeting a proposed, be approved. Voice votes Ayes: Seven. Mohan carried. PUBLIC COMMENTS The fcl lowing Individuals commented on var oils subjects, Samantha Price, Main Street Water- loo Board of Directors LC. Smith, 416 Oliver FousaruVlldar to close public comments Voice vote - Ayes Seven. Motion earned. CONSENT AGENDA Feusa/Wllder that the following Items on the con- sent agenda be received and placed on file, Including the payment of bills for August 25, 2025, In the amount of $5,618070.70, and September 2. 2025, In the amount of 63,026,386.30, be received and placed one He. Roll Call vote -Ayes: Seven. Motion carried. Brie Payment, Finance Committee Involve Summary Report, a copy of which Is on He In the ollice of the City Check Resotutlon adopted and up pp at by Mayor assigned N0. 2025-479, Resolution approving the request of Kristen Bartels tor a waiver fora con- crete driveway, located at 48 Martin Road, with the elimination of the side - wet( section due to Inability to meet grade requirements. Resolwon adopted and appon approve al by Mayor asslgnetl No 2025-480. Resolution approving preliminary Tfans, speclheatrons, form oro ract, etc., setting date of bid opening as September 10, 2025. and date of public hearing as October 6. 2025, In conjunction with the FY 2028 Winn Street Sanitary Sewer, Contract No 1134, and Instruct the City Clerk to publish notice. Resolution adopted and upon approv- al by Mayor assigned No. 2025-481. Resolution approving preliminary plans, speoiflcatlons, form of contract, etc., setting date of bid opening a September 11, 2025, and date of pubs do hearing as September 15, 2025 to conjunction with DemolNon and Stte Clearance Services, Contract No 09.02.2025 Council Regular Session Minutes - Page 1 of 3 ❑-2025-08-01 P and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-482. Resolution approving preliminary plans, specifications, form of contract, etc., set- ting date of bid opening as September 11, 2025, and date of public hearing as Sep- tember 15, 2025. in conjunction with Dem- olition and Site Clearance Services, Con- tract No. RD-2025-08-02P, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-483. Resolution setting date of public hearing as September 15, 2025, to approve plans and specifications in conjunction with the Ansboraugh Avenue CMAO, Traffic Signal Fiber Optic Installation from Downing Av- enue south 2.7 miles to Fischer Drive to US 218, Iowa DOT Grant Project Number 07-8155-784, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-484. Resolution setting date of public hearing as September 15, 2025, approving plans and specifications in conjunction with the Broadway Street CMAO, Traffic Signal Fiber Optic tnstatlation, Broadway Street from US 63 north 4.2 miles to US 218, fovea DOT Grant Project Number 07-8155- 785, and Instruct the Clty Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-485. Resolution to approve contract, bonds, and certificate of insurance, in conjunction with the previously -awarded bid to GEMS Technkal Services, Inc. FAA AIP Project No. 3-19-0094-057.2025, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2025-486. Resolution accepting Iowa DOT FY-2026 Commercial Service Vertical Infrastructure grant, in the amount of $123,103.00, for Terminal Renovations (paint and carpet). Resolution adopted and upon approval by Mayor assigned No. 2025-487. Resolution approving the sale of used equipmenWehicles from the Public Works Department via the Purple Wave website. Resolution adopted and upon approval by Mayor assigned No. 2025-488. Motion to approve Final Quantity Sum- mary with Lodge Construction, Inc.. of Clarksville, Iowa, for a net increase of $2,213.80, In conjunction with the FY 2024 Sulentle Park Shelter, Contract No. 1105, and authorizing the Mayor to exe- cute said document. Resolution approving Completion of Prot- ect and Recommendation of Acceptance of Work for work performed by Lodge Construction. Inc.. of Clarksville, Iowa, in the amount of $120,191.70, In conjunction with the FY 2024 Sulentic Park Shelter, Contract No. 1105, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2025-489. Motion to approve Change Order No. 06 with Peterson Contractors, Inc., of Reinbeck, lows, for a net Increase of $181,665.00, In conjunction with FY 2024 La Porte Road improvements. Phase I Project, Contract No. 1016. DOT Contract No. STBG-SWAP-8155(760)--SG-07, and authorizing the Mayor and City Clerk to execute said document. Motion approving Change Order No. 1 with Matt Construction. Inc. of Sumner, Iowa, for a total increase of $2,576.52 in conjunction with the FY 2025 South Hills Golf Course Maintenance Building Con- tract No. 1130, and authorizing the Mayor and Clty Clerk to execute said document. Motion to accept and place on file the arbi- trage results reflecting that a rebate earn- ings payment of $101 ,764.86 Is due to the Internal Revenue Service for the General Obligation Bonds Series 2022B. Motion 10 receive and place on file the City of Waterloo's submitted 509A Application for Renewal and Statement of Actuarial Opinion for FYE 2025. Motion to approve Exception to Burning Yard Waste Application by George Wyth State Park to burn location within the park, generally located at 3659 Wyth Road, cram September 2025 - April 2026. Motion to approve the appointment of Na- than Beuseling from the current Civil Ser- vice List to the position of Property Safety inspector in the Building Inspections De- partment, effective September 4, 2025. Motion to approve the appointment of Ann Baker from the current Civil Service List to the position of Bookkeeper in the Rousing Authority department. effective September 0. 2025 Sarah Rieken, Board/Commission: Hu- man Rights Commission, Expiration Date: September 2, 2028. [New]. Claudia Rivera, Board'Commisslan: Hu- man Rights Commission, Expiration Date: 8/192028 [New -full]. Communication from the Police Depart- ment an the notice of the conclusion of employment of Thomas Flaherty, Police Officer. effective July 22, 2025, with rec- ommendation of approval of payout of $3,734.94 for unused benefits. Communication from the Traffic Depart- ment an the notice of the conclusion of employment of Mohammad Elahi, Traffic Operations Director, effective July 31, 2025 with recommendation of approval of payout of $10,501 82 for unused benefits. Motion to receive and file Leisure Ser- vices Commission Board minutes of July 8, 2025. Motion to receive and file Airport Board minutes of Juiy 16. 2025. Liquor Licenses Bamboo Ridge Campground, 4550 La Porte Road, Class B w/Sunday Sales (Re- newal) Exp:09/18/2026. Black HawkTennls Club. 1005 Black Hawk Road, Class Cw/Sunday Sales (Renewal) Expl 06/25/2026. CVS/Pharmacy, 08544, 1825 E. San Mar - non Drive. Class E w/Sunday Sales (Own- ership Updates) Exp: 05;31/2025. Hy-Vee Fast & Fresh #3, 1512 Flamman Drive, Glass 8 +/Sunday Sales (Renewal) Exp; 08;26/2026. Kwlk Stop 3, 1104 Washington Street, Class 5 w/Sunday Sales (Renewal) Exp: 07/26/2026. Landmark Commons. 1400 Mexhelen Boulevard, Class F w/Outdoor Services/ Living Quarters/Sunday Sales (Renewal) Exp: 08/31/2026. Longhorn Steakhouse 485374, 1425 E. San Marnan Drive, Class C w/Sunday Sales (Renewal) Exp: 08/31/2026. Lounge Bar, LLC, 32 Lafayette Street, Class C w/Sunday Sales (New) Exp: 07/092026. M & J Caribbean Restaurant, LLC, 928 La Porte Road, Class C w/Sunday Sales (New) Exp: 07/06/2026. Mama Nick's Circle Pizzeria Inc., 1934 Washington Street, Class C w/Sunday Sales (Renewat) Exp: 09/02/2026. Prime Mart 5, 508 Broadway Street, Class E w/Sunday Sales (Renewal) Exp: 09/15/2026. Prime Mart 7,1309 Lafayette Street, Class E w/Sunday Sales (Ownership Updates) Exp: 04/30,2026. Rome"s Place, 201 Rath Street, Class C Living Quarters w/Sunday Sales (New) Exp: 08/31/2026. Bonds. PUBLIC HEARINGS Asbestos Abatement Services, Contract AB-2025-08-01 P Chiles/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven, Motion carried. This being the time and place o1 the public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, com- mented that this seems like an expensive abatement for what the city has been spending latety. Chi IeslGrel gton-S mlth to close hearing and receive and file oral comments, Voice vote -Ayes: Seven. Mo- tion carried. Chiles/Creighton-Smith Resolution confirming approval of plans, specifications, form of contract, etc.. and authorizing to proceed. Roll CaII vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor as- signed Na 2025-490. Mr. Chiles questioned why the asbestos abatement was not bid at the same time as the demolition. Aric Schroeder, CityPlanner, provided an overview of the proect. Mr. Boesen commented that he was more concerned about not being able to get into parts of the building and ended up with an open contract and questioned how could we judge what asbestos might be in those tunnels. Arlc Schroeder shared that it is his under- standing that Advanced Environmental did testing in those tunnels and no asbes- tos was found in the tunnels. He further shared that he would have to follow up with the contractor. Chiles/Creighton-Smith to receive, tile. and Instruct the City Clerk to read bids. Voice vote -Ayes: Seven. Mo- tion carried. Engineer's Estimate: $170,000.00 Site Services, Inc., Algona, IA - 5% - $126,500.00 AM Star Environmental, LLC, Dubuque, fA - 5% - $163,600.00 REW Services Corporation, Des Moines, IA - - $159,639,00 Advanced Environmental, Waterloo, 3A - 5% - $1 15,000, 00 Chiles/Creighton-Smith Resolution approving award of bid to Ad- vanced Environmental of Waterloo. Iowa, In the amount of $115,000.00, in conjunc- tion with Asbestos Abatement Services, Contract AB-2025-08-01 P, for property located at 310 Upland Drive, and autho- rizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Sev- en. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-491. RESOLUTIONS Resolution approving and authorizing a Loan and Disbursement Agreement by and between the City of Waterloo and the Iowa Finance Authority, and authorizing and providing for the issuance of Sew- er Revenue Capital Loan Note. Series 2025G (Reissuance of Sewer Revenue Capital Loan Notes, Series 202313 (2025 Loan Forgiveness) of the City. Nichols/Chiles Roll Call vote -Ayes: Seven. Motion carried. Resolution adapted and upon approval by Mayor assigned No. 2025-492. David Dryer. 3145 W. 4th Street, request- ed further Information about the purpose of the agenda item. Brtdgett Wood, Finance Director, provided an overview of the item. Resolution approving request by the Wa- terloo Regional Airport to release 13.0 acres of Airport property known as Par- cel G and Parcel H, for the amount of $577,SDD.00, to the Clty of Waterloo, Iowa for continued development, and authoriz- ing the Mayor and City Clerk to execute all formal land release documents as re- quired and submit said documents to the Federal Aviation Administration. Nichols/Chiles Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025.493. David Dryer, 3145 W. 4th Street, ques- tioned If there was already vacant proper- ty in that area for economic development. Noel Anderson, Community Planning and Development Director, provided an over- view of the purpose o1 the agenda item. Mr. Boesen questioned why the city Is re- leasing this land. Noel Anderson explained that the tract of land is for Infrastructure. Mr. Chiles questioned if the funds would be directed to the airport. Noel Anderson explained that the funds would go into an account that the airport can use for FAA -approved projects. Resolution approving an agreement with Invislon Architecture, not to exceed $8,500.00, for planning and design ser- vices related to new fuel site locations and Public Works facility updates, and autho- rizing the Mayor and City Clerk to execute said document. This item was removed to be discussed during a council work session scheduled for September 15, 2025. Resolution approving an agreement with Routeware, Inc. of Portland. Oregon, in the amount o1 $6,995.42 with a subscription fee Increase of not more than lour -percent during years two and three of a thirty-slx- month contract, in conjunction with Sanita- tion collection, and authorizing the Mayor and City Clerk to execute said document, Nlchols/Chiles Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-494, Resolution approving Primary Highway Detour Agreements +Mth the tows Depart- ment of Transportation to allow traffic to be detoured to various portions of Ridgeway Avenue, in conjunction with the High- way 20 Pavement Replacement Project, NHSX-020-6j73j--3H-07, and authorizing the Mayor to execute said document. BoeseNWllder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-495, Mr. Boesen questioned if part of the con- tract would include repairs. Jamie Knutson, City Engineer, confirmed, and explained that this is just when the ramps are closed and would only affect traffic exiting at a particular interchange that would be re-routed. Resolution approving a Professional Ser- vices Agreement with Tallgrass Archaeol- ogy, of Iowa City, Iowa, in the amount of $15,673.68, in conjunction with the EDA Grant for storm and sanitary sewer for the WARP Business Park, and authorizing the Mayor and City Clerk to execute said document. BoennrvW l d er Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-496, Resolution approving an Early Access Agreement with International Paper Com- pany, to allow for the transportation of excess fill located at 3230 Leversee Road to 4050 Leversee Road, and authorizing the Mayor and City Clerk to execute said document. BoeoarVW l d er Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-497, 09.02.2025 Council Regular Session Minutes - Page 2 of 3 Resolution approving a Permanent Utility Easement Agreement with SKH Proper- ties. LLC, located at 330 Tower Park Drive, and authorizing the Mayor and City Clerk to execute said documents. BoesenAVllder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-498. Resolution to approve th a fi rat amendment to the development agreement between the City of Waterloo and Waterloo Cross- roads Development, LLC, to increase the maximum amount payable to the devel- oper by $4,000,000.00, and authorizing the Mayor and Clty Clerk to execute said amendment. Feu ss/Creighton -Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025.499. David Dryer, 3145 W. 4th Street, ques- tioned why additional monies are being paid to the developer. Noel Anderson, Community Planning and Development Director, provided an over- view of the increase. Mayor Hart provided additional comments relating to the various individual agree- ments between the entities. BJ Stokesberry, ATI Group, a wholly owned subsidiary of McClure Engineer- ing, explained that, unfortunately, shortly before closing, they became aware that there were some off -site agreements that they were not told about, nor were they Identified in a title search. The project was halted, and they have been working relentlessly since February to get It back on track. He shared that these issues are what lead to the need tor the increase. He further provided additional Information about the timing of the demolition portion of the project and what the first phase will Include. Mayor Hart questioned if they are working with local entrepreneurs Interested In the project. BJ Stokesberry confirmed that have been talking wtt h franchises and local bus lness- es that have expressed interest in explor- ing what it would look like to be there. Mr Boesen commented that he believes it's Important to remember that McClure may not spend the entire amount o1 mon- ey. He added that Namdar, the mall owner, is buying property all over the country and letting It deteriorate, M r Nichols questioned i1 there is a timeline for a master plan to come before council and the public. BJ Stokesberry commented that a plan is put together and can be circulated. Resolution approving a Collateral Assign- ment of the Development Agreementbe- tween Waterloo Crossroads Development, LLC. City of Waterloo. Iowa and Home State Bank, and authorizing the Mayor to sign said document. Feu ss&C rei g hton -Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-500. David Dryer, 3145 W. 4th Street, request- ed additional information and if we are guaranteeing a loan for them. Noel Anderson, Community Planning and Development Director, explained that the Collateral Assignment is part of the financ- ing for the bank for them to be able to work with McClure and move forward with the project. BJ Stokesberry, ATI Group, provided ad- ditional clarification of the Collateral As- signment. He clarified that the city would not be providing a guarantee. Rather. It is essentially the city allowing them to use the Development Agreement as collateral for their bank financing. Resolution approving an Amendment to the Development Agreement between E1C Enterprises, LLC, Northeast Iowa Food Bank, and the City of Waterloo, for the re- location of two homes located at 1633 and 1637 Lafayette Street, and possible reuse of 1617 Lafayette Street, and authorize the Mayor and City Clerk to execute said amendment. C h I les/C rel g hton-Smith Roll CS] vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-501. Barb Prather, Northeast lows Food Bank, thanked the council tor their consideration of this resolution and sad that it would help them move their project along that will not only help Waterloo and Black Hawk County residents but throughout North- east Iowa as well. Forest Dlllavou, 1725 Huntington Road, expressed that he did not support the item. Resolution approving a permanent easement agreement in the amount of $20418.00, and a temporary easement agreement In the amount of $1,827.00, with Farmers State Bank, located west of 301 Tower Park Drive, In conjunction with the Winn Street sanitary sewer extension protect, 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.2025-502, David Dryer, 3145 W. 4th Street, ques- tioned if the property was given away for $1.00. Noel Anderson, Community Planning and Development Director, stated that the city did not sell the property for $1 00. Jamie Knutson, City Engineer, shared what the options were and explained that this was the least disruptive to the neigh- boring business and the least expensive choice. Resolution approving a Temporary Ease- ment Agreement with Verldan Credit Vnlon, located at 233 Fisher Drive, in conjunction with the Winn Street Sanitary Sewer Extension Project, and authorizing the Mayor and City Clerk to execute said documents. Wilder/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-503, Resolution approving a Release of a Mort- gage between the City of Waterloo and Central Property Holdings, LLC for prop- erty located at 221 Franklin Street, and authorize Mayor and City Clerk to execute said document. Wilder/Creighton-Smith Roll Cali vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-504, David Dryer, 3145 W. 4th Street ques- tioned It the mortgage has been paid back and expressed that it seems like the city keeps giving away money. Noel Anderson, Community Planning and Development Director, explained that as part of the original Development Agree- ment, the city did provide a $400,000.00 grant to acquire land for the development of All-tn Grocers, the total lot cost was $750,000.00, and the developer paid the other $350,000.00, He explained that as part of the grant In the Development Agreement, the developer did meet the terms, so the mortgage should be re- leased. Ms. Creighton -Smith shared Information that she received from Kerry Sutherland about his plans to revitalize the store and why the process has been delayed. Ms. Wilder commented that Mr: Sutherland Is doing his best to make sure this hap- pens despite challenges with his health. Mr. Nichols shared that Mr. Sutherland has the best healthcare available to him, and he is confident he will move forward with this project. Mr. Chiles questioned If we are compelled to approve this action due to the legal re- quirements set forth In the contract. Noel Anderson shared that as long as sec- tions 2 and 3 of the agreement have been met, which they have, we should legally move ahead with this. Mr. Baesen questioned 11 the resolution could be amended to release the mort- gage contingent on the closing. Noel Anderson commented that It would be best to consult with an attorney on that. Ms. Creighton -Smith commented that this would not be the first development that has not met the timeline, yet we have con- tinued to allow those projects to move for- ward until completed. She said she would like to see the council be equitable. Mr. Nichols commented that there is no need to delay this decision. ADJOURNMENT FeuslChiles that the council adjourn at 6:26 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk COL-IA-602792 09.02.2025 Council Regular Session Minutes - Page 3 of 3