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HomeMy WebLinkAbout06.20.2022 Regular SessionJune 20, 2022 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, June 20, 2022. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Nichols, Amos, Grieder, Wilder and Feuss, joined the meeting. Absent: Mr. Chiles Prayer or Moment of Silence. Pledge of Allegiance: Kelley Felchle, City Clerk 107438 - Feuss/Wilder that the Agenda, as amended, by removing item 1.B.6. to be considered after the consent agenda, and to add in hearing verbiage for Public Hearing Item 2, FY2023 CIP Pipelining Phase IVA3, Contract, No. 1063, for the Regular Session on Monday, June 20, 2022, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 107439 - Feuss/Wilder that the Minutes, as proposed, for the Regular Session on Monday, June 6, 2020, and Special Session on Thursday, June 9 2022, be accepted and approved. Voice vote -Ayes: Six. Motion carried. PUBLIC COMMENTS Heidi Futchman, Youth Art Team. Two youths from the Art Team shared the accomplishments over the last few of years and noted that there will be a party to celebrate the 80 artists whose combined efforts brought forth artwork that spans the Cedar River. The event will be held on Tuesday, June 21, 2022 from 5:00 p.m. — 7:00 p.m. and invites the council and public to attend. Margaret Whiting, 1974 Caras Road, explained that she is here speaking to the council because she is very concerned about climate change. She shared that the city should install rooftop solar on all city buildings, they should phase in electric busses and service vehicles. She added that it would create jobs and it is the least expensive form of energy available now. Wayne Nathem, 548 Cloverdale, explained that there is a house at the northwest corner of Broadway and Vinton Avenue that is in desperate need of repair and needs to be torn down. He asked that someone come take a look at the home because it is an eyesore. EJ Gallagher, 801 Sheridan Road, explained that he echoed Margaret Whiting's sentiments and asked that a green initiative resolution be adopted. Mr. Grieder shared that in June it is Pride Month and that often children are used as political props to score points to win an election. That is disheartening because one of the fundamental freedoms of being an American is our freedom of expression. To our LGBTQIA+ brothers, sisters and siblings, I see you, we see you, we care about you, you belong and you are a part of us. Mr. Boesen requested an update on how the 10 hour day schedule is working. Chief Fitzgerald shared that it is helping but the lack of staffing is causing some overtime. Mr. Boesen questioned if the 10 hour work schedule is presenting an issue with officers working events such as My Waterloo Days. Chief Fitzgerald commented, not to his knowledge, not any more than in previous years. Mr. Boesen questioned if the early swing shift officers have more forced overtime than other shifts. Chief Fitzgerald he would need to check and get back with that information. He stated that part of the reasoning behind someone getting forced overtime during a mid -day shift would be the time of day and the number of incidents that occur during that time, but not due to minimum staffing. 107440 - Feuss/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. June 20, 2022 Page 2 CONSENT AGENDA 107441 - Feuss/ that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated June 13, 2022, in the amount of $1,703,648.59 and June 20, 2022, in the amount $5,327,252.72, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2022-345. 2. Resolution approving the request of Amy Reuter, for tax exemptions on the construction of a new single family home valued at $388,550.00, for property located at 118 Goldcrest Court, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2022-346. 3. Resolution approving the submission of Enhance Iowa Community Attraction and Tourism grant application in the amount of $1 million, in conjunction with the Transforming Gates and Byrnes Parks Project. Resolution adopted and upon approval by Mayor assigned No. 2022-347. 4. Resolution accepting an Iowa Department of Transportation Commercial Airport Infrastructure Fund grant in the amount of $2,197,573.00, for design and construction services associated with the Airline Terminal Parking Canopy Structure, Project No. 9-I-220- ALO-400 and Contract No. CNTRT-00004232, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2022-348. 5. Resolution approving SFY 2023 Edward Byrne Memorial Justice Assistance Grant (20-JAG- 446289), in the amount of $179,000.00, in conjunction with enforcement efforts of the Tri- County Drug Task Force, to include the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office, and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2022-349. 6. Motion approving Final Quantity Summary for Lodge Construction, Inc., for a net decrease of $12,291.30, in conjunction with the FY 2019 W. Jefferson and W. Commercial St. Improvements, Contract No. 976, and authorizing the Mayor and City Clerk to execute said document. 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $577,564.90, in conjunction with the FY 2019 W. Jefferson and W. Commercial Streetscape Improvements, Contract No. 976, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2022-350. 8. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 7, 2022 and date of public hearing as July 18, 2022, in conjunction with the FY 2023 Martin Luther King Jr. Drive/Northeast Industrial Park Wetland Mitigation Project, Contract No. 1005, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-351. June 20, 2022 Page 3 9. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 14, 2022 and date of public hearing as July 18, 2022, in conjunction with the FY 2022 4th Street Bridge and Dam Lighting Project, Contract No. 1054, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-352. 10. Resolution approving preliminary plans, specifications and form of contract, etc., setting the date of bid opening as July 14, 2022, and date of public hearing as July 18, 2022, in conjunction with the continuation of Waterloo Regional Airport improvements to Hangar No. 4, CSVI Project No. 9-I-220-ALO-200, and Contract No. 3345, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-353. 11. Resolution approving specifications and bid documents, setting date of bid opening as June 30, 2022 and date of public hearing as July 5, 2022, in conjunction with Asphalt Emulsions for the City's Seal Coating Program, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-354. 12. Resolution setting a date of public hearing as July 5, 2022, to approve a Business Property Lease with Crystal Distribution Services, Inc., for the use of property located at 1442, 1508 and 1620 Sycamore Street, in the amount of $1.00 per year for five (5) years, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-355. 13. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 14, 2022 and date of public hearing as July 18, 2022, in conjunction with the FY 2023 CIP Pipelining Phase IVA3, Contract No 1063, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-356. 14. Resolution setting date of public hearing as July 5, 2022, to approve the request by Union Development Holdings LLC for a Site Plan Amendment to construct a 180-unit affordable housing development in the "R-4,R-P" Planned Multiple Residence District located northwest of 4039 Homer Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-357. 15. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 7, 2022 and date of public hearing as July 18, 2022, in conjunction with Demolition and Site Clearance Services, Contract No. D-2022-07-05P, located at 928 Mulberry Street, 1526 E. 4th Street, 1527 E. 4th Street, 307 Sumner Street, and 335 Sumner Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-358. 16. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $107,000 for the year ending June 30, 2022 to finance administrative expenses and the contract with Main Street Waterloo. Resolution adopted and upon approval by Mayor assigned No. 2022-359. 17. Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $27,000 for the year ending June 30, 2022 to finance administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2022-360. June 20, 2022 Page 4 18. Resolution approving the use of East Waterloo Unified (Midport) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $60,000 for the year ending June 30, 2022 to finance administrative expenses and the contract with Grow Cedar Valley. Resolution adopted and upon approval by Mayor assigned No. 2022-361. 19. Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $15,000 for the year ending June 30, 2022 to finance administrative expenses, including the Grow Cedar Valley contract. Resolution adopted and upon approval by Mayor assigned No. 2022-362. 20. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $20,000 for the year ending June 30, 2022 to finance administrative expenses and the contract with Grow Cedar Valley. Resolution adopted and upon approval by Mayor assigned No. 2022-363. 21. Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $20,000 for the year ending June 30, 2022 to finance administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2022-364. 22. Resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $45,000 for the year ending June 30, 2022 to finance administrative expenses and the contract with Grow Cedar Valley. Resolution adopted and upon approval by Mayor assigned No. 2022-365. 23. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing District funds, for a contract with Lodge Construction, Inc. in an amount not to exceed $1,300,000.00, for services in conjunction with the construction of the Cedar River Marina and Recreational Enhancements Project. Resolution adopted and upon approval by Mayor assigned No. 2022-366. 24. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $40,000, for the design and other professional services for a Fiber Backbone Network in the MidPort area. Resolution adopted and upon approval by Mayor assigned No. 2022-367. 25. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $40,000, for design and other professional services for the Fiber Backbone Network project in the Northeast Industrial Site Urban Renewal Area. Resolution adopted and upon approval by Mayor assigned No. 2022-368. 26. Resolution approving the use of Crossroads Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $3,000, to finance salaries and administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2022-369. 27. Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $3,000,000, for a property acquisition located generally in the Rath Urban Renewal District. Resolution adopted and upon approval by Mayor assigned No. 2022-370. June 20, 2022 Page 5 28. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedure Policy to approve the purchase of one (1) used 2021 Husqvarna FS5000 D26 Walk -Behind Saw with 26 inch Blade plus E-Trackings, in the amount of $27,895.00, from Star Equipment LTD of Waterloo, Iowa. Resolution adopted and upon approval by Mayor assigned No. 2022-371. 29. Resolution approving a Variance to the Noise Ordinance for Sidney Simpson for the Faith Temple Fish Fry event, from 3:00 p.m. to 9:00 p.m., on July 13-14, 2022. Resolution adopted and upon approval by Mayor assigned No. 2022-372. 30. Resolution authorizing the fund transfers outlined below to comply with state law: r TO General Fund r FROM Trust & Agency Fund General Trust & Fund Agency Fund Debt Service Tax Increment Fund Financing Fund Debt Service Sewer Fund Fund Debt Service Fund Road Use Tax Fund Grants Fund r Iowa Reinvestment District Fund General Fund General Fund Capital Tax Increment Projects Financing Fund Fund Capital Tax increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund Capital r Tax Increment Projects Financing Fund Fund Capital r Tax Increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund ✓ r AMOUNT PURPOSE r $8,405,961.00 Transfer employee benefits levy to General fund. r $ 655,956.00 Transfer emergency levy to General fund. • $3,150,538.79 Transfer TIF share of General Obligation principal and Interest to debt service fund. • $2,237,520.05 r r Transfer Sewer share of General Obligation principal and interest to debt service fund. $ 130,000.00 rReimburse Debt Service Fund for reinvestment district funds received planned to be used to pay principal for the 2017C bond issue $ 859,105.00 Transfer interest earned on Transfer of Jurisdiction Funds from General Fund to Road Use Tax Fund to be used for construction of University Avenue. • $ 2,139,509.40 r r r r r r r Transfer a portion of the ARPA funds received into the General Fund to the Grants Fund for fiber project design. $ 97,534.57 Transfer TIF revenue to reimburse the Capital Projects Fund for San Marnan property acquisition. $ 120,000.00 Transfer TIF revenue to reimburse the Capital Projects Fund for Rath property acquisition. $ 2,381.63 Transfer TIF revenue to reimburse for wetland design services in the NE Site TIF district. $ 4,536.72 Transfer TIF revenue to reimburse for wetland design and engineering services in the NE Site TIF district. $ 21,211.18 Transfer TIF revenue to reimburse for sewer design and construction in the Martin Road TIF district. $ 3,899.00 r Transfer TIF revenue to reimburse for design and construction services for the Leversee in the East Waterloo Unified (Midport) TIF district. $ 327,736.50 Transfer TIF revenue to reimburse for the installation of electric lines in the Leversee 1 1 i i 1 1 1 June 20, 2022 Page 6 r r Capital Tax Increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund r r r r r r area in the East Waterloo Unified (Midport) TIF district. $ 185,333.05 Transfer TIF revenue to reimburse for the design and construction of a sanitary sewer project in the Airline Hlghway area in the East Waterloo Unified (Midport) TIF district. $ 310,455.97 Transfer TIF revenue to reimburse for the design and construction of a water main project in the East Waterloo Unified (Midport) TIF district. r- r r r $ 1,242,725.51 Transfer TIF revenue to reimburse for the design and construction of a sanitary sewer project in the Leversee area in the East Waterloo Unified (Midport) TIF district. $ 121,559.30 Transfer TIF revenue to reimburse for the design and construction of a sanitary sewer lift station in the Leversee area in the East Waterloo Unified (Midport) TIF district. $ 669,854.14 Transfer TIF revenue to reimburse for the design and construction of Warp Drive street construction project in the East Waterloo Unified (Midport) TIF district. 1 1 1 $ 710,887.15 Transfer TIF revenue to reimburse for the 1 design and construction of Hyper Drive street project in the East Waterloo Unified (Midport) TIF district. $ 31,150.00 Transfer TIF revenue to reimburse for asbestos removal (118 Shilliam) in the East Waterloo Unified (Logan) TIF district. $ 52,850.00 Transfer TIF revenue to reimburse for property demolition (115 Sumner) in the East Waterloo Unified (Logan) TIF district. $ 58,845.00 Transfer TIF revenue to reimburse for property demolition (518) Bratnober in the East Waterloo Unified (Logan) TIF district. r 1 r Capital Tax Increment r $ 1,000,000.00 Transfer TIF revenue to reimburse for Projects Financing property acquisition and an economic Fund Fund development grant for North Crossing in the East Waterloo Unified (Logan) TIF district. Capital Tax Increment Projects Financing Fund Fund Capital Tax Increment Projects Financing Fund Fund r r $ 24,500.00 Transfer TIF revenue to reimburse for platting and design services in the East Waterloo Unified (Logan) TIF district. $ 230,000.00 Transfer TIF revenue to reimburse for an economic development grant (704-706 Jefferson) in the Riverfront (Downtown) TIF district. 1 1 $ 91,645.00 Transfer TIF revenue to reimburse for property demolition (120 Center) in the East Waterloo Unified (Logan) TIF district. $ 5,000.00 Transfer TIF revenue to reimburse for an economic development grant for the redevelopment of 314 Clay Street in the East Waterloo Unified (Logan) TIF district. 1 1 June 20, 2022 Page 7 Capital Projects Fund Tax Increment $ Financing Fund Capital Projects Fund Tax Increment Financing Fund General Fund Tax Increment Financing Fund General Fund General Fund General Fund General Fund General Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund r General Fund r r r r r r r r J. 5,937.50 Transfer TIF revenue to reimburse for lighting design services in the Riverfront (Downtown) TIF district. $ 107,444.96 Transfer TIF revenue to reimburse for asbestos removal services in the Riverfront (Downtown) TIF district. $ 9,376.99 Transfer TIF revenue to reimburse for administrative expenses and salaries in the San Marnan TIF district. $ 3,597.00 Transfer TIF revenue to reimburse for administrative expenses and salaries in the Rath TIF district. $ 5,035.00 Transfer TIF revenue to reimburse for administrative expenses and salaries in the Northeast Site TIF district. 1 1 1 1 1 $ 4,548.00 Transfer TIF revenue to reimburse for 1 administrative expenses and salaries in the East Waterloo Unified (Logan) TIF district. $ 5,311.00 Transfer TIF revenue to reimburse for 1 administrative expenses and salaries in the East Waterloo Unified (Logan) TIF district. $ 24,209.00 Transfer TIF revenue to reimburse for 1 administrative expenses and salaries in the Riverfront (Downtown) TIF district. $ 98,500.00 Transfer TIF expenses to general fund for administrative expenses and salaries in various TIF districts. 1 Resolution adopted and upon approval by Mayor assigned No. 2022-373. b. Motion to approve the following: 1. a. b. c. d. 2. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Brian Boesen and Ryan Doland, Animal Control Officers National Animal Control Association - Animal Control Officer I - Certified Training and Testing and Membership In Office - On -Line June - August 2022 $744.00 Police Chief Joel Fitzgerald Present at shootings press conference in Waterloo as requested by Mayor Hart. Dallas, Texas May 31, 2022 - June 2, 2022 $897.20 Brock Weliver, Fire Marshal Expert Witness Courtroom Testimony Class hosted by the International Association of Arson Investigators Grinnell, Iowa August 2 - 4, 2022 $560.00 Seth Hyberger, Planner I Brownfield 2022 Conference Oklahoma City, Oklahoma August 16- 19, 2022 $1,940.00 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday June 20, 2022 Page 8 a. b. c. d. e. f. g• h. i. j• k. 1. M. n. o. p. The American Legion, 728 Commercial Street *Ownership Update* C Liquor w/Outdoor Service New 6/14/2023 x Black Hawk Tennis Club, 1005 Black Hawk Road B Beer w/Outdoor Service Renewal 5/31/2023 x Broadway Liquor, 821 Broadway Street B Wine / B Native Wine / C Beer / E Liquor Renewal 6/10/2023 x Flirt's Gentlemen's Club, 319 Jefferson Street C Liquor Renewal 6/10/2023 x Legs, 212 E. 4th Street, Suite 108 B Wine / C Beer Renewal 6/25/2023 Love's Travel Stop #702, 3301 Greyhound Dr., Ste A *Ownership Update* B Wine / C Beer Renewal 11/16/2022 x Metro Mart #1, 3201 W. 4th Street C Beer Renewal 6/30/2023 x Metro Mart #4, 2332 Falls Avenue C Beer / E Liquor Renewal 6/30/2023 x Olive Garden, 1315 E. San Marnan Drive C Liquor Renewal 5/28/2023 x Placita, 321 W. 4th Street B Beer Renewal 6/12/2023 x SAC's Neighborhood Pub, 2000 Hawthorne Avenue C Liquor w/Outdoor Service Renewal 1/31/2023 x Walgreens #3590, 3910 University Avenue B Wine / C Beer / E Liquor Renewal 6/16/2023 x WCA Building and Amphitheatre, 225 Commercial Street Special Class C Liquor w/Outdoor Service Renewal 6/21/2023 x Light House Lounge, 1307 W. 5th St. C Liquor Renewal 6/28/2023 Southtown Bar & Restaurant, 2026 Bopp Street C Liquor Renewal 6/7/2023 x Lost Island Theme Park, 2600 E. Shaulis Road *6 month* C Liquor w/Outdoor Service New 12/17/2022 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Cindy Wells Library Board of Trustees June 30, 2028 Re -Appointment John Berry Library Board of Trustees June 30, 2028 Re -Appointment Rosalyn Middleton MET Transit Authority June 30, 2025 Re -Appointment Richard Berry Memorial Hall Commission December 31, 2025 New 4. Motion approving a Fireworks Display at Sunny Side Country Club, 1600 Olympic Drive, for 4th of July festivities on July 4, 2022 (or possibly July 5th), from 9:00 p.m. to 9:45 p.m. 5. Motion approving Change Order No. 1 with Vieth Construction Corporation of Cedar Falls, Iowa, for no increase to the project total, in conjunction with the Five Sullivan Brothers Plaza Renovation Project, and authorizing the Mayor to execute said document. 6. Motion to approve Change Order No. 8 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net Hwy. 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said document. June 20, 2022 Page 9 7. Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit A, and authorizing the City Clerk to approve any Cigarette/Tobacco applications received and paid for, between June 21, 2022 and July 1, 2022. 8. Bonds. Roll call vote -Ayes: Six on all items except A. 12 and A. 27 (Ayes: Five. Nays: One — Mr. Boesen). Motion carried. 107442 - Boesen/Grieder 1.B.6. Motion to approve Change Order No. 8 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $28,490.00, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy. 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said document. Roll call vote -Ayes: Five. Nays: One (Boesen). Motion carried. Mr. Boesen requested an overview of the project as it appears we are paying extra for detour signs. Jamie Knutson, City Engineer, confirmed the additional signage is for Lost Island, the theme park as well as KOA. During the design process, the need for this signage was overlooked. Mr. Boesen commented on the cost of $28,000. He noted that he had received a number of calls on the three stop signs priced at $600 apiece and he thinks that our sign department can make them for $100 for all three. He stated he has an issue with how much we are paying for these detour signs. Jamie Knutson explained that there is extra cost when there is a change order. Some of the signs are very large are specifically printed with Theme Park, etc. and not simple Road Closed Ahead or Detour signs. PUBLIC HEARINGS 107443 - Grieder/Amos that proof of publication of notice of public hearing on FY2023 CIP Pipelining Phase IVA3, Contract No. 1063, as published in the Waterloo Courier on June 3, 2022, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 107444 - Grieder/Amos that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 107445 - Grieder/Wilder Motion to receive and file and instruct City Clerk to read bids. Voice vote -Ayes: Six. Motion carried. Bidder Bid Security Bid Amount Insituform Technologies Chesterfield, MO ° 5 �0 Base Bid $1,067,260.00 Alt. 1 $13,500.00 107446 - Grieder/Wilder Resolution rejecting all bids. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-374. 107447 - Boesen/Wilder June 20, 2022 Page 10 that proof of publication of notice of public hearing on FY2023 One -Year Action Plan for CDBG and HOME Funds for the Waterloo/Cedar Falls Consortium, as published in the Waterloo Courier on June 10, 2022, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 107448 - Boesen/Wilder that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 107449 - Boesen/Wilder that "Resolution approving proposed funding recommendations set forth by the Community Development Board for the FY2023 One -Year Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Home Consortium", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-375. 107450 - Nichols/Grieder that proof of publication of notice of public hearing on Amendment No. 6 to the Martin Road Urban Renewal and Redevelopment Plan to expand the boundaries, update projects and project budgets to be included in the Plan, and other general updates to the Plan, as published in the Waterloo Courier on June 6, 2022, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, commented that the citizens have asked that the city not expand the TIFs due to the increased tax burden it puts on the citizens. We have more land out there that is vacant than people to buy it. 107451 - Nichols/Grieder that the hearing be closed and oral comments, and recommendation of approval of the Planning, Programming, and Zoning Commission, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 107452 - Nichols/Grieder that "Resolution determining an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-376. 107453 - Nichols/Grieder that "an ordinance providing that general property taxes levied and collected each year on all property located within the newly described Martin Road Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 107454 - Nichols/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. June 20, 2022 Page 11 107455 - Nichols/Grieder that "an ordinance providing that general property taxes levied and collected each year on all property located within the newly described Martin Road Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5647. 107456 - Grieder/Wilder that proof of publication of notice of public hearing on Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update multiple sections including changes for home occupations, accessory structures, solar facilities, stables, child daycare, industrial uses, and other miscellaneous updates, as published in the Waterloo Courier on June 13, 2022, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 107457 - Grieder/Wilder that the hearing be closed, and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 107458 - Grieder/Wilder that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending multiple sections including changes for home occupations, accessory structures, solar facilities, stables, child daycare, industrial uses, and other miscellaneous updates", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 107459 - Grieder/Wilder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 107460 - Grieder/Wilder that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending multiple sections including changes for home occupations, accessory structures, solar facilities, stables, child daycare, industrial uses, and other miscellaneous updates", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5648. 107461 - Nichols/Grieder that proof of publication of notice of public hearing on request by the City of Waterloo to vacate Court Avenue south of Hogle Street, in the "M-1" Light Industrial District, located north and west of 110 Court Avenue, as published in the Waterloo Courier on June 10, 2022, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 107462 - Nichols/Grieder June 20, 2022 Page 12 that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 107463 - Nichols/Grieder that "an ordinance approving a request by the City of Waterloo to vacate Court Avenue south of Hogle Street, in the "M-1" Light Industrial District, located north and west of 110 Court Avenue", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Mr. Boesen questioned if there have been any issues with this property with Code Enforcement. He added that it looks like a salvage yard and it does not have any fencing. Noel Anderson, Community Planning and Development Director, commented that Code Enforcement has had some issue with people throwing junk out there. It is the hope through the vacate process we can turn this into a potential development lot, clean it up and put in potential fencing if needed to help alleviate some of the dumping. 107464 - Nichols/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 107465 - Nichols/Grieder that "an ordinance approving a request by the City of Waterloo to vacate Court Avenue south of Hogle Street, in the "M-1" Light Industrial District, located north and west of 110 Court Avenue", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5649. 107466 - Feuss/Grieder that proof of publication of notice of public hearing on Sale and conveyance of City right-of-way located east of 3165 West Airline Highway, in the amount of $1.00, to Superior Properties, LLC, with tax rebates eight (8) years at 75 percent and two (2) years at 70 percent, for the construction of a new 12,000 square foot contractor office/warehouse building, with approval of a Development and Minimum Assessment Agreement, in the amount of $560,000.00, as published in the Waterloo Courier on June 10, 2022, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 107467 - Feuss/Grieder that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 107468 - Feuss/Grieder that "Resolution approving the conveyance of City right-of-way located east of 3165 West Airline Highway, in the amount of $1.00, to Superior Properties, LLC, with tax rebates eight (8) years at 75 percent and two (2) years at 70 percent, for the construction of a new 12,000 square foot contractor office/warehouse building, with approval of a Development and Minimum Assessment Agreement, in the amount of $560,000.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Six. Motion carried. Mr. Boesen questioned when the city would see positive cash flow from the abatements. Noel Anderson, Community Planning and Development Director, explained that the city has no dollars invested in the project and explained that the developer paid for developing the lot and the city also received RISE Grant funds for the project. On year one we will be receiving about $3,100.00 going June 20, 2022 Page 13 to the debt service levy and about $3,900.00 going to the TIF districts which will help keep debt service levy down as well as helping to create more lots in the TIF districts. Mr. Boesen clarified that out $560,000.00 assessed value, the city will receive approximately $7,000.00. Noel Anderson confirmed. Resolution adopted and upon approval by Mayor assigned No. 2022-377. 107469 - Feuss/Grieder that "Resolution approving a Development and Minimum Assessment Agreement with Superior Properties, LLC, in the amount of $560,000.00, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-378. 107470 - Nichols/Grieder that proof of publication of notice of public hearing on the sale and conveyance of City property located west of 3180 West Airline Highway, to Airline Storage, LLC, in the amount of $1.00, for the construction of four (4), 8,000 square foot storage buildings, with rebates of five (5) years at 50 percent for phase II, with approval of a Development and Minimum Assessment Agreement, in the amount of $710,000.00, for phase I, as published in the Waterloo Courier on June 10, 2022, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 107471 - Nichols/Grieder that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 107472 - Nichols/Grieder that "Resolution approving the sale and conveyance of city owned property located west of 3180 West Airline Highway to Airline Storage, LLC, in the amount of $1.00, for the construction of four (4), 8,000 square foot storage buildings, with rebates of five (5) years at 50 percent for Phase II, and authorizing the Mayor and City Clerk to execute necessary documents", be adopted. Roll -call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-379. 107473 - Nichols/Grieder that "Resolution approving a Development and Minimum Assessment Agreement with Airline Storage, LLC, in the amount of $710,000.00 for Phase I, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-380. 107474 - Boesen/Wilder that proof of publication of notice of public hearing on Reallocation of Unspent Proceeds of the General Obligation Bonds, Series 2018A in an amount not to exceed $25,000, as published in the Waterloo Courier on June 10, 2022, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 107475 - Boesen/Wilder June 20, 2022 Page 14 that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 107476 - Boesen/Wilder that "Resolution instituting proceedings to take additional action", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-381. 107477 - Boesen/Wilder that proof of publication of notice of public hearing on Reallocation of Unspent Proceeds of the General Obligation Bonds, Series 2018B in an amount not to exceed $25,000, as published in the Waterloo Courier on June 10, 2022, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 107478 - Boesen/Wilder that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 107479 - Boesen/Wilder that "Resolution instituting proceedings to take additional action", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-382. 107480 - Nichols/Grieder that proof of publication of notice of public hearing on Request to fulfill Level II Police Body Armor needs, as published in the Waterloo Courier on June 2, 2022, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 107481 - Nichols/Grieder that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 107482 - Nichols/Grieder that "Resolution confirming approval of bid documents, specifications, form of contract, estimate of cost, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-383. 107483 - Nichols/Grieder Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Amount 2022-2023 $927.00 CCG Safety Gear, 2024 $953.00 Olathe, KS 2025 $961.00 2026 $980.00 Voice vote -Ayes: Six. Motion carried. June 20, 2022 Page 15 107484 - Nichols/Grieder that "Resolution approving award of contract to CCG Safety Gear, of Olathe, KS, and authorizing the Mayor to execute said document", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-384. 107485 - Boesen/Wilder that proof of publication of notice of public hearing on Request to fulfill FY 2023 Police ammunition needs, as published in the Waterloo Courier on June 2, 2022, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 107486 - Boesen/Wilder that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 107487 - Boesen/Wilder that "Resolution confirming approval of bid documents, specifications, form of contract, estimate of cost, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-385. 107488 - Boesen/Wilder Motion to receive and file and instruct City Clerk to read bids. Bidder Total Bid Amount 1. 12,000 rounds of 9mm 147 grain, jacketed hollow point, Federal HST, (P9HST2) or similar. $391.50 per 1000 rounds 2. 85,000 rounds of Federal American Eagle 9 mm, 147 grain, full metal jacket (AE9FP) or similar. $251.90 per 1000 rounds 3. 2,000 rounds of Federal 12 gauge 2 3/4 inch shot shell, 00 Buckshot, 9 pellet, low recoil (LE132-00) or similar. $171.03 per 250 rounds Kiesler Police Supply, Inc. 4. 2,000 rounds of Federal 12 gauge 2 3/4 inch shot shell Jeffersonville, IN 1 ounce low recoil slug. (LE127-RS) or similar. $179.58 per 250 rounds 5. 8,000 rounds of Federal .223 caliber, 64 grain, Soft Point Tactical Rifle Urban. (T223L) or similar. $339.24 per 500 rounds 6. 35,000 rounds of Federal American Eagle .223 caliber, 55 grain FMJ (AE223) or similar. $251.90 per 500 rounds 7. 1,000 rounds of Hornady gmx tap heavy barrier .308 caliber, 165 grain. $NO BID per 500 rounds (80985) Voice vote -Ayes: Six. Motion carried. June 20, 2022 Page 16 107489 - Boesen/Wilder that "Resolution approving award of contract to Kiesler Police Supply, of Jeffersonville, IN, in conjunction with the FY 2023 Police ammunition needs, and authorizing Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-386. RESOLUTIONS 107490 - Grieder/Boesen that "Resolution establishing a Commission on Opportunity for Children, Youth, and Young Adults in Waterloo", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-387. 107491 - Grieder/Boesen that "Resolution establishing a task force on gun violence in Waterloo", be adopted. Roll call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-388. 107492 - Grieder/Boesen that "Resolution directing a study on the compensation of all non -bargaining positions", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-389. 107493 - Nichols/Wilder that "Resolution approving a one-year Memorandum of Understanding with the Waterloo Police Protective Association for the lateral transfer incentive package and bonus administrative guidelines, authorizing the Mayor and Human Resources Director to execute said document, and rescinding Resolution No. 2022-329", be adopted. Roll call vote -Ayes: Five. Nays: One (Boesen). Motion carried. Mr. Boesen questioned if a funding source has been identified for the additional $240,907.00 in additional pay. Chief Fitzgerald commented that the gap can be filled with savings we have through salaries and other savings we have on an annual basis. Resolution adopted and upon approval by Mayor assigned No. 2022-390. 107494 - Nichols/Wilder that "Resolution approving general, automobile, public official's errors and omissions, law enforcement and employment practices and umbrella liability coverage with Travelers Insurance, excess umbrella liability coverage with Allied, property insurance coverage with Chubb, and workers compensation and third party administration services with Safety National, in the amount of $1,808.259.00, with recommendation of approval from the Insurance Committee", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-391. 107495 - Nichols/Wilder that "Resolution approving Renewal Agreement with Delta Dental for fees associated with administration, in the amount of $35,946.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried. June 20, 2022 Page 17 Resolution adopted and upon approval by Mayor assigned No. 2022-392. 107496 - Nichols/Wilder that "Resolution approving Renewal Agreement with Wellmark Blue Cross Blue Shield for fees associated with administration, network access and stop loss, in the amount of $1,993,107.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-393. 107497 - Grieder/Wilder that "Resolution approving a 2 percent salary increase for non -bargaining employees, a 12.1 percent increase for the Assistant Chief of Police and Fire Chief, a 10.3 percent increase for Police Captains and a 6 percent increase for the Battalion Chiefs, effective July 1, 2022", be adopted. Roll call vote - Ayes: Six. Motion carried. LeAnn Even, Deputy City Clerk, commented that she wanted to address the issue that non -bargaining employees have no representation other than speaking directly with the council. She further commented that she has personally brought revenue into the city of Waterloo through her work with income offset, $40,000.00 each year and $50,000.00+ this year. She has offered grant opportunities to the city that we would not have known of otherwise, and thinking out of the box, she brought this to the city. She asks the council to look at that and recognize her, and others, as a valued employees and given the same opportunities as those employees that are going to make a 10, 12 and 6 percent increase. David Dryer, 3145 W. 4th Street, commented that he understands that we have good employees in the city of Waterloo, but also knows who pays their wages. His shared that his social security increased by just .59 cents this year over last year. He also commented on Item No. 22, Aquatic Center Design. He said that rather than spending money to replace the outdated pools at the parks, we should look at having just one pool indoors that can be used 365 days a year. Forest Dillavou, 1725 Huntington Road, commented on the increase percentages and assumes that those getting the higher percentage won't have the 2 percent added to that. He questioned if the newly negotiated contract with the Police Chief would also be getting a 2 percent increase. Mayor Hart confirmed. Mr. Boesen commented that he hopes the resolution that was passed on the non -bargaining pay study will look deep into this and correct the inequities that we have and value our non -bargaining employees. We need to represent them as much as the others. He explained that the reason for the higher percentage increases for the command staff is due to compression because of contract negotiations, where now a lieutenant makes more money than a captain, and sergeants are making more than a captain. Resolution adopted and upon approval by Mayor assigned No. 2022-394. 107498 - Grieder/Wilder that "Resolution approving installation of a 25 MPH speed hump in the 100 block of Center Street", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-395. 107499 - Grieder/Wilder that "Resolution approving Aquatic Center Design Contract with InVision Architecture in the amount of $766,000.00, and authorizing the Mayor to execute said document", be adopted. Roll call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-396. June 20, 2022 Page 18 107500 - Grieder/Wilder that "Resolution approving Amendment No. 1 to Gates Park Master Plan Update in the amount of $21,150.00, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-397. 107501 - Feuss/Grieder that "Resolution approving Professional Services Agreement with Ritland+Kuiper Landscape Architects in the amount of $602,225.00, in conjunction with the Transforming Gates and Byrnes Parks Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-398. 107502 - Feuss/Grieder that "Resolution approving a Professional Services Agreement between the City of Waterloo and Ritland+Kuiper Landscape Architects, for services at Unity Plaza, in an amount not to exceed $18,000.00, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-399. 107503 - Feuss/Grieder that "Resolution approving a Professional Services Agreement with ProWest and Associates, of Walker, Minnesota, in the amount of $3,950.99, in conjunction with programming in ArcGis for the digital sidewalk solution for the Engineering Department, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-400. 107504 - Feuss/Grieder that "Resolution approving a 150 square foot Permanent Storm Sewer Easement Agreement with Pierre and Debra Marion, located at 930 Progress Avenue, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-401. 107505 - Nichols/Amos that "Resolution approving the Assignment and Assumption of a Development Agreement with Union at North Crossing, LP, in conjunction with a Development Agreement originally approved April 4, 2022 with Union Development Holdings, LLC, for property located north of 501 Lakeside Street, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-402. 107506 - Nichols/Amos that "Resolution granting the mortgage and security interest to Crystal Distribution for property located at 1442, 1508 and 1620 Sycamore Street and authorizing the Mayor and City Clerk execute said document", be adopted. Roll call vote -Ayes: Five. Nays: One (Boesen). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-403. 107507 - Nichols/Amos June 20, 2022 Page 19 that "Resolution approving an incentive payment to Grow Cedar Valley, in the amount of $46,500.00, for work towards FY 2022 economic development", be adopted. Roll call vote -Ayes: Six. Motion carried. Mr. Boesen requested an overview of the contract and metrics for receiving the bonus. Noel Anderson, Community Planning and Development Director, provided an overview of the contract. Resolution adopted and upon approval by Mayor assigned No. 2022-404. 107508 - Nichols/Amos that "Resolution approving the FY 2023 Professional Services Agreement with GROW Cedar Valley, in the amount of $30,625.00, with $58,625.00 in potential incentive funds, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-405. 107509 - Boesen/Nichols that "Resolution to amend and restate the Development Agreements with Avita Developments, LLC, originally approved May 5, 2008 and July 16, 2018, including associated amendments and Minimum Assessment Agreements to assign the agreement to new ownership, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-406. 107510 - Boesen/Nichols that "Resolution approving Subordination Agreement between the City of Waterloo, Self -Help Credit Union, Self -Help Ventures Fund, and Central Property Holdings, LLC, for the grocery store project on Franklin Street, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Five. Nays: One (Boesen). Motion carried. David Dryer, 3145 W. 4th Street, questioned if we are giving Central Property Holdings free money with no interest, or portion of the business coming back to the city. Eric Johnson, Attorney for All In Grocers, provided an overview of the item and explained that the financing pieces have moved around and the lenders have required the subordination agreement be updated. Mr. Boesen commented that in December 2021, the council was pushed to approve an agreement because the funding was going to close in a week. He questioned what happened between December and now. Eric Johnson explained this is not an easy project but a necessary one. Over time, the developers have had doors closed and had to start again. In December it was thought there would be government funding that was imminent, which was not the case. Those funds were then found from other lenders who agreed to put money into this project. Mr. Boesen expressed his concern that the project may not close at the end of June and questioned if the developer has all his funding lined up. He stated on August 17th, it will have been five years since this began. Eric Johnson stated he does believe this will happen in the next week or so. Mr. Boesen commented that the city, cash wise, is in for approximately $900,000.00 on this project, with a total city investment of about $2.25 million dollars. Noel Anderson, Community Planning and Development Director, explained the various costs. Mayor Hart questioned why there was a grant in the first phase for the CVS Property. June 20, 2022 Page 20 Noel Anderson explained that working through the development agreement, that is what we thought was needed to get the project to move ahead. Mayor Hart questioned how long prior to this project, did the House of Hope need a larger facility. Noel Anderson explained they were able to revitalize a building in the church row neighborhood to meet their need. Mayor Hart questioned if there have been other developments that have gone on for five and ten years. Noel Anderson commented that it is not uncommon for projects to take a long time to evolve. Mr. Nichols questioned what about this situation makes us need to have an updated subordination agreement clause. Noel Anderson explained. Eric Johnson explained that there is general language in the development agreement but lenders want to have specific language. Forest Dillavou, 1725 Huntington Road, commented that he has followed this through the years. We have a lot invested and paying interest on the monies. The subordination agreement puts the City of Waterloo at the bottom of the list to get money back, but that is where the taxpayers have always been in this city, is last. Cathy Mahoney, 1400 Denver Street, commented that has she understands it, this project will be fantastic for the community. She added that this document is just updating something that has been previously completed. Wayne Nathem, 548 Cloverdale, commented that the developer keeps giving excuses for why the project is not yet completed. Resolution adopted and upon approval by Mayor assigned No. 2022-407. 107511 - Boesen/Nichols that "Resolution approving a sales order with Rebechini Studios, Inc. in the amount of $326,902.00 including a contingency allowance of $35,000.00 to complete the exhibit elements for the Sullivan Brothers Family Memorial", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-408. ORDINANCES 107512 - Grieder/Wilder that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Title 9, Building Regulations, Chapter 7, Rental Housing, and enacting in lieu thereof a new Title 9, Building Regulations, Chapter 7, Rental Housing", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Sam Blat, 107 Lafayette Street, commented that the new rental ordinance is absolutely necessary. Renters are not second-class citizens and we need support now more than ever. This policy will provide more structure and a precedent to strengthen renting culture and more positive practices that will support people over profits. Leon Begate, 204 Baltimore, spoke in support of this change. Anna Patch, 405 E. Arlington Street, spoke in favor of approving the amended ordinance. Too many families in Waterloo are living in unsafe housing conditions. She asked that this amendment be unanimously passed and deliver on the promise of hiring an appropriate number of rental inspectors. She questioned the plan to disseminate the new information. June 20, 2022 Page 21 Vincent Givens, Cedar Falls Resident moving to Waterloo, commented on the disproportionate effects of not having proper inspections done on apartment complexes. Janessa Young, 1203 Randolph Street, explained that one of the responsibilities of her job is inspections of housing in Waterloo. She stated that some of the housing she's seen is so bad she wouldn't want an animal to live in, let alone a human being. Michelle Jungers, 609 Olive Street, Cedar Falls, explained that she was the managing attorney for the Waterloo office of Iowa Legal Aid for six years and prior to that she worked as a staff attorney at Iowa Legal Aid. She has practiced in other parts of the state and they had really excellent housing inspection departments and really great teeth when landlords were not doing their job. She is hopeful that this passes and we can get those teeth because this isn't for all landlords, this is for bad landlords. Waterloo has the highest eviction rate in the state of Iowa and she hopes this will help improve some of our numbers and eviction rates. Cathy Mahoney, 1400 Denver Street, commented that when we hear that there is a high eviction rate in Waterloo, we are talking about families. Children may end up having to change schools while they stay with friends or relatives, and when the family does find a new place they often have to change schools again. Housing is personal; it is your connection to your school, family and friendships. Mr. Boesen thanked the citizens for showing up tonight in support to the ordinance. He shared that he used to be a rental inspector with the Fire Department and has seen some of the dwellings they are talking about. Often when the city passes stricter ordinances people do not like the provisions, so it is refreshing to hear support. Mr. Grieder expressed support for the ordinance and spoke to housing being a fundamental right for humans and critical for families. Ms. Wilder thanked everyone for speaking and as a renter she shared that she is excited to see this ordinance move forward. Mayor Hart commented on a civil rights study that was done back in the late 50's or 60's which reported that two of the biggest disparities was education and housing. He is not the first mayor who thought they could tear down every dilapidated homes. Waterloo has some systemic issues that we need to fix. He commented that he was blessed to have put together a housing program that helped to fix over 300 houses for those in our community for zero dollars through grant funds. Though it is nowhere close to what is needed. This is not just an ordinance, this is a movement that we need to have across our entire community. 107513 - Grieder/Wilder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 107514 - Grieder/Wilder that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Title 9, Building Regulations, Chapter 7, Rental Housing, and enacting in lieu thereof a new Title 9, Building Regulations, Chapter 7, Rental Housing", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5650. 107515 - Boesen/Nichols that "an ordinance amending the City of Waterloo Code of Ordinances by adding subsection 6, Transaction Fees, to subsection A, section 6, Fees for Service, Chapter 3, Solid Waste Collection and Disposal, Title 4, Public Health and Safety", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, requested an overview of the ordinance. June 20, 2022 Page 22 Randy Bennett, Public Works Division Manager, provided an overview of the agenda item. 107516 - Boesen/Nichols that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 107517 - Boesen/Nichols that "an ordinance amending the City of Waterloo Code of Ordinances by adding subsection 6, Transaction Fees, to subsection A, section 6, Fees for Service, Chapter 3, Solid Waste Collection and Disposal, Title 4, Public Health and Safety", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5651. OTHER COUNCIL BUSINESS 107518 - Boesen/Wilder that "Resolution approving a Project Agreement with the Waterloo Development Corporation, in an amount not to exceed $914,975.00 in conjunction with the design and construction of enhancements including lighting on the 4th Street Bridge, Cedar River Dam and surrounding area, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Forest Dillavou, 1725 Huntington Road, questioned if TIF funds will be used and questioned who will pay the electric bills. Michelle Weidner, Chief Financial Officer, explained that no TIF funds will be used and the city will have to pay the electric bill but the lights will be LED, which will hopefully less expensive. David Dryer, 3145 W. 4th Street, questioned how much money the city is going to pay for the project. Mayor Hart explained that this project is grant funded. Michelle Weidner provided an overview of the item and how the funding for the project will work. Resolution adopted and upon approval by Mayor assigned No. 2022-409. 107519 - Boesen/Wilder that "Resolution approving a Project Agreement with the Waterloo Development Corporation, in an amount not to exceed $36,980.00, in conjunction with a downtown lighting improvements study, and authorizing the Mayor and City Clerk to execute said document, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-410. 107520 - Boesen/Wilder that "Resolution approving a signed proposal from Associated Controls + Design, in the amount of $40,219.00, in conjunction with the FY 2022 4th Street Bridge and Dam Lighting Project, Contract No. 1054, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-411. 107521 - Grieder/Wilder that "Resolution approving a signed proposal from Landscape Forms, in the amount of $15,984.70, in conjunction with the FY 2022 4th Street Bridge and Dam Lighting Project, Contract No. 1054, and June 20, 2022 Page 23 authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-412. 107522 - Grieder/Wilder that "Resolution approving a signed proposal from Lumen Pulse, in the amount of $443,370.00, in conjunction with the FY 2022 4th Street Bridge and Dam Lighting Project, Contract No. 1054, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-413. 107523 - Grieder/Wilder that "Resolution approving a signed proposal from Tyler Truss Systems, in the amount of $153,031.94, in conjunction with the FY 2022 4th Street Bridge and Dam Lighting Project, Contract No. 1054, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-414. 107524 - Grieder/Wilder that "Resolution approving a signed proposal from Thomas Industrial Coatings, in the amount of $98,280.00, in conjunction with the FY 2022 4th Street Bridge and Dam Lighting Project, Contract No. 1054, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-415. Discussion of city fiber network plans. Courtney Violette, Magellan Advisors, provided an update on the city's broadband project. Design for the project should conclude in August of 2022. Mr. Nichols questioned an estimated timeline of when revenue would come in. Mr. Boesen commented that under a standalone system, as the city brings customers on would it begin to generate cash flow to build out more. Courtney Violette confirmed. 107525 - Boesen/Nichols that the council adjourn to Executive Session at 7:46 p.m. Roll call vote -Ayes: Six. Motion carried. Acting City Attorney Dave Zellhoefer stated that discussion of marketing and pricing strategies or proprietary information of a city utility if its competitive position would be harmed by public disclosure is an approved topic of Executive Session pursuant to Iowa Code Section 388.9(1). EXECUTIVE SESSION 107526 - Boesen/Wilder that the council adjourn Executive Session at 8:48 p.m. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT 107527 - Boesen/Wilder that the Council adjourn at 8:48 p.m. Voice vote -Ayes: Six. Motion carried. June 20, 2022 Page 24 xeCey Fetih1 Kelley Felchle City Clerk