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HomeMy WebLinkAbout02.06.2023 Regular Session MinutesFebruary 5, 2023 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, February 6, 2023. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Nichols, Chiles, Grieder, Wilder and Feuss, joined the meeting. Roll Call. Prayer or Moment of Silence Pledge of Allegiance: Mayor Quentin Hart Agenda, as proposed or amended. Feuss/Grieder that the agenda, as proposed or amended", be approved. Voice vote -Ayes: Six. Motion Carried. Minutes of January 30, 2023, Planning Session, as proposed. Feuss/Grieder that the Minutes of January 30, 2023, Planning Session, as proposed, be approved. Voice vote - Ayes: Six. Motion Carried. PUBLIC COMMENTS David Charles Youngblut, 315 Randolph, commented that the city wrote him up for having a dirty yard. Ten years ago, he was arrested in front of his house and tore his shoulder. He shared that he received a fine for incorrectly installing a boiler. Sam Blot, 107 Lafayette St., shared public comments about the work session. She said that there is a lot of public support to ban conversion therapy in our community. At the state level there are a lot of bills that are anti-LGBTQ. Alia Raman, 223 South Fork Dr., shared that she has evidence -based concerns about the safety in our local communities as a result of extremists and hateful legislation that has been moving through the Iowa State House. The bill supporting anti -conversion therapy is just one of those. There are six anti-LGBTQ bills and listed the bill numbers. Leon Begay, 204 Baltimore St., shared that he is in support of banning conversion therapy. Priscilla Cunningham, 1009 S. Hackett Rd., shared that she moved into an apartment and was here to speak to the council in support of homeless people in Waterloo. She questioned what kind of board we have in Waterloo that addresses homelessness. Iowa Starting Line wrote an article about homelessness. Year to date, the article stated, there are over 17,000-18,000 people in the state of Iowa evicted annually. Mitchell DenHartog, 1013 Western Ave., shared that he has personal friends that have been through conversion therapy. He wanted to speak to the council in support of the ordinance on behalf of those individuals. Terry Stevens, 1629 Ackermant St., regarding the conversion therapy ordinance, has a problem with people putting children through that kind of therapy. She spoke about homelessness and that the city should not give any more money to developers unless they are building housing for the homeless. Mr. Grieder thanked people who came to speak in support of the conversion therapy ordinance. He also shared the date and time of his upcoming constituent forum. Ms. Wilder apologized for missing the work session and thanked Mr. Grieder for the work he is doing to support the LGBTQ+ community. Mr. Boesen commented that on Thursday morning we had 4.3 inches of snow, Republic Parking pulled their trucks and didn't recycle that day. City of Waterloo picked up garbage that day and school buses ran that day. He shared that his issues with Republic Recycling is basically customer service. When they miss your pickup and you call them, you get a call center in Georgia. He wants to see the city explore taking on curbside recycling. He also wanted to bring up concerns regarding downtown snow removal. He explained that there are two issues with snow removal, the first is mountains of snow blocking whole lanes and the second is business owner's not removing snow from the sidewalk like they are supposed to. His hope is that we can work with the merchants and public works to get snow removed effectively and timely in downtown. CONSENT AGENDA Feuss/Wilder that the following items on the consent agenda be received, placed on file and approved. Roll Call vote -Ayes: Six. Motion Carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Resolution approving Finance Committee Invoice Summary Report, dated January 6, 2023 in the amount of $1,277,971.85, a copy of which is in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2023-055. Resolution setting date of the maximum levy rate public hearing as February 20, 2023, at 5:30 p.m. to approve the maximum levy rates as required by state, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2023-056. Resolution approving the Iowa Certified Local Government 2022 Annual Report, and authorizing the Mayor and Planning Staff to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2023-057. Resolution approving Ahlers and Cooney representation concerning the 28E agreement with Waterloo Telecommunications Utility Board for bidding and construction of FTTP and the City Backbone Project, and authorizing the Mayor to execute said document. None/None that "Resolution approving Ahlers and Cooney representation concerning the 28E agreement with Waterloo Telecommunications Utility Board for bidding and construction of FTTP and the City Backbone Project, and authorizing the Mayor to execute said document.", be . Voice vote - Ayes: Seven. Motion .Resolution adopted and upon approval by Mayor assigned No.2023-058. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 2, 2023, and date of public hearing as March 6, 2023, in conjunction with the Waterloo Regional Airport Airline Passenger Terminal Building Heating Ventilation and Cooling Controls, Project No. 3-19-0094-054, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No.2023-059. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 2, 2023, and date of public hearing as March 6, 2023, in conjunction with the Waterloo Regional Airport Airline Passenger Terminal Building CCTV Security and Video System, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-060. Resolution setting date of public hearing as February 20, 2023, to approve the request by Weatherfield Realty Group, LLC, for a Site Plan Amendment to construct a new 230 square foot telecommunication facility, in the M-2, P Planned Industrial District located north of 2365 Northeast Drive, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-061. Resolution setting date of public hearing as February 20, 2023, for the sale and conveyance of City -owned property to Weatherfield Realty Group, LLC, in the amount of $1.00, with a development agreement and minimum assessment agreement of $100,000.00, located north of 2365 Northeast Drive, for the construction of a new 230 square foot telecommunication facility, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-062. Resolution setting date of public hearing as February 20, 2023, to approve the request by Jason Fowler to rezone approximately 0.28 acres from `C-1" Commercial District to "C-1, C-Z" Conditional Commercial District, with conditions, to construct a vehicle storage facility located east of 709 Dearborn Avenue, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-063. Resolution approving completion of the project, recommendation of acceptance of work, and release of retainage in the amount of $92,775.87, for work performed by Cardinal Construction of Waterloo, Iowa, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation project. Resolution adopted and upon approval by Mayor assigned No. 2023-064. Motion approving Final Quantity Summary with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net decrease of $35,009.11, in conjunction with the FY 2021 Center for the Arts Parking Improvements - Phase 3, Northwest Half, Contract No. 1004, and authorizing the Mayor and City Clerk to execute said document. Motion approved. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $451,011.89, in conjunction with the FY 2021 Center for the Arts Parking Improvements - Phase 3, Northwest Half, Contract No. 1004, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2023-065. Motion approving Final Quantity Summary with Lodge Construction, Inc., of Clarksville, Iowa, for a net increase of $1,651.64, in conjunction with FY 2022 Center for the Arts Parking Improvements - Phase 2 (Art Block) Project, Contract No. 1007, and authorizing the Mayor and City Clerk to execute said document. Motion approved. 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 $716,195.99, in conjunction with the FY 2022 Center for the Arts Parking Improvements - Phase 2 (Art Block) Project, Contract No. 1007, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2023-066. Resolution approving award of bid to K&W Electric of Cedar Falls, Iowa, in the amount of $25,740.00, and approving the contract, bonds, and certificate of insurance, in conjunction with the Improvements to Hangar 3-A, for Livingston Aviation, at Waterloo Regional Airport, via FAA AIP Project No. 3-19-0094-0048 (CARES Maintenance), and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2023-067. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation -1st Offense, Jim's Food, 437 Sullivan Avenue, Waterloo, Iowa 50701, and accepting civil penalty in the amount of $300.00, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2023-068. Resolution approving the partial release of retainage to Woodruff Construction of Waterloo, Iowa, in the amount of $767,486.06, with the exception of the outstanding items which are impacted by material lead times or weather conditions, in conjunction with the FY 2020 Wastewater Treatment Plant Biosolids Modifications Project, Contract No. 994. Resolution adopted and upon approval by Mayor assigned No. 2023-069. Resolution approving the Charitable Pledge Agreement with the Pauline R. Barrett Foundation for a $500,000.00 gift, naming the Pauline R. Barrett Inclusive Playground at Gates Park for no less than twenty (20) years, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2023-070. Resolution approving Request for Qualifications/Proposals to solicit proposals from experienced developers to design, construct, operate, and maintain systems and equipment to clean the City's digester gas and lagoon gas to natural gas pipeline grade standards and market the gas as a renewable natural gas product, including its environmental attributes. Resolution adopted and upon approval by Mayor assigned No. 2023-071. Resolution approving cancellation of assessment of delinquent water fees for property located at 232 Ricker Street in the amount of $594.51, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2023-072. Resolution approving the request by Midwest Development, for tax exemptions on the construction of a single-family home valued at $479,999.00, for property located at 1550 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-073. Resolution approving the request by Midwest Development, for tax exemptions on construction of a single family home valued at $449,999.00, for property located at 1502 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-074. Resolution approving the request by Midwest Development, for tax exemptions on construction of a single family home valued at $489,999.00, for property located at 1432 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-075. Resolution approving the request by Midwest Development, for tax exemptions on construction of a single family home valued at $449,999.00, for property located at 1345 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-076. Resolution approving the request by Kameron and Latisha Leyh, for tax exemptions on construction of a single family home with basement finish valued at $490,422.96, for property located at 1354 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-077. Resolution approving the request by Wallace Investment Group, for tax exemptions on the construction of two duplex units valued at $386,000.00, for property located at 1018 Fletcher Avenue and 1020 Fletcher Avenue and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-078. Resolution approving the request by Midwest Development, for tax exemptions on construction of a single family home valued at $434,999.00, for property located at 114 Sunbird Court and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-079. Resolution approving the request by Midwest Development, for tax exemptions on the construction of one duplex unit valued at $294,999.00, for property located at 3365 Lincolnshire Road and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-080. Resolution approving the request by Midwest Development, for tax exemptions on the construction of one duplex unit valued at $294,999.00, for property located at 3367 Lincolnshire Road and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-081. Resolution approving the request by Midwest Development, for tax exemptions on the construction of one duplex unit valued at $288,000.00, for property located at 3385 Lincolnshire Road and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-082. Resolution approving the request by Midwest Development, for tax exemptions on the construction of one duplex unit valued at $299,999.00, for property located at 3387 Lincolnshire Road and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-083. Resolution approving the request by Elvis Mehmedovic, for tax exemptions on the construction of one single-family home with basement finish valued at $475,000.00, for property located at 122 Kestrel Circle and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-084. Resolution approving the request by Dan Goken, for tax exemptions on the construction of one duplex unit valued at $179,000.00, for property located at 830 Grindstone Circle and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-085. Resolution approving the request by Dodge Holdings, LLC, for tax exemptions on the construction of an addition and an interior remodel valued at $1,400,000.00, for property located at 1717 Falls Avenue and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2023-086. Resolution approving the request by Pillar Properties, LLC, for tax exemptions on a remodel of 13 apartment units valued at $780,000.00, for property located at 727 West Park Avenue and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2023-087. Dwight Diercks Board/Commission: Complete Streets Advisory Committee Expiration Date: None New Appointment Kathryn Gilbert' Board/Commission: Complete Streets Advisory Committee Expiration Date: None New Appointment Terry Pearson Stevens Board/Commission: Historic Preservation Commission Expiration Date: February 6, 2024 Re -appointment Edward Ottesen Board/Commission: Historic Preservation Commission Expiration Date: February 6, 2024 Re -appointment Matthew Gilbert Board/Commission: Historic Preservation Commission Expiration Date: February 6, 2024 Re -appointment Communication from the Library Department on notice of the conclusion of employment of Robert Giesler, IT Manager, effective December 30, 2022, with a recommendation of approval of payout of $3,395.50 for unused benefits. Communication from the Library Department on notice of the conclusion of the employment of Mary Nadeau, Library Assistant, effective December 29, 2022, with a recommendation of approval of payout of $3,737.37 for unused benefits. Communication from the Community Development Department on the notice of the conclusion of employment of Kelly Martin, Rehabilitation Specialist, effective December 30, 2022, with the recommendation of approval of payout of $1,787.82 for unused benefits. Communication from the Waste Management/Sewer Department on notice of the conclusion of employment of Craig Billerbeck, Lab Technician, effective February 3, 2023, with a recommendation of approval of payout of $569.64 for unused benefits. Motion to approve recommendation of appointment of Matt Ames from the current Civil Service List to the position of Garage Mechanic in the Public Works Central Garage Department, effective February 13, 2023, pending pre -employment physical and drug testing. Motion to approve recommendation of appointment of Tyler Kroeze and Tyler Hare from the current Civil Service List, to the position of Airport Operations Specialist for the Waterloo Regional Airport, effective February 27, 2023 pending physical examination, background check, and drug screening. Motion to approve recommendation of the appointment of Taylor Mork to the position of Golf Maintenance III in the Leisure Services Department effective February 7, 2023. Leisure Services Board minutes of December 13, 2022. Planning, Programming and Zoning Commission minutes of December 13, 2022. Historic Preservation Commission minutes of December 20, 2022. Waterloo Housing Authority Board minutes of January 17, 2023. Complete Streets Advisory Committee minutes of September 27 and October 25, 2022. Airport Board minutes of December 14, 2022. Bonds. Liquor Licenses a. Ali's Corner, 1117 E. 4th Street, Class E Alcohol w/Sunday Sales, Renewal - Expiration 3/31/2023 b. Blessed Sacrament, 650 Stephan Avenue (5-Day), Class C Liquor w/Sunday Sales, New — Expiration 2/20/2023 c. Casey's General Store #2866, 51 E. Tower Park Drive, Class E Alcohol w/Sunday Sales, Renewal — Expiration 2/29/2024 d. Cedar Valley Fish Market, 218 Division Street, Class C Alcohol w/Sunday Sales, Renewal - Expiration 1/24/2024 e. Club Legacy, 120 Sumner Street, Class C Alcohol w/Sunday Sales, Renewal - Expiration 12/30/2023 f. Fairfield Inn & Suites, 2134 La Porte Road, Class B Retail Alcohol w/Sunday Sales, Renewal — Expiration 12/31/2023 g. Narey's 19th Hole, 2073 Logan Avenue, Class C Alcohol w/Sunday Sales, Renewal - Expiration 8/22/2023 h. New Star Fletcher, 315 Fetcher Avenue, Class E Liquor w/Sunday Sales, Renewal — Expiration 1/29/2024 i. The Other Place, 360 E. Ridgeway Avenue, Class C Liquor w/Sunday Sales, Renewal — Expiration 1/25/2024 j. Snowden House, 306 Washington Street, Class C Liquor w/Outdoor Service and Sunday Sales, Renewal — Expiration 12/14/2023 k. Spectra Venue Management, 200 W. 4th Street, Class C Liquor w/Catering and Sunday Sales, Renewal — Expiration 1 /31 /2024 I. Veterans of Foreign Wars Club Post 1623, 1406 Commercial Street, Class F Alcohol w/Sunday Sales, Renewal — Expiration 1/14/2024 Resolution setting the date of a public hearing as February 20, 2023, to approve request by Friends of Faith Retirement Homes, Inc., (Friendship Village) to vacate and terminate a sanitary sewer easement in the ` R-4, R-P" Planned Residence District located at 600 Park Lane, and instruct the City Clerk to publish notice. Feuss/Wilder that "Resolution setting the date of a public hearing as February 20, 2023, to approve request by Friends of Faith Retirement Homes, Inc., (Friendship Village) to vacate and terminate a sanitary sewer easement in the "R-4, R-P" Planned Residence District located at 600 Park Lane, and instruct the City Clerk to publish notice", be adopted. Voice vote -Ayes: Six. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-088. PUBLIC HEARINGS Asbestos Abatement Services Contract No. AB-2023-02-04P, for properties located at 1804 E. 4th Street, 207 Lafayette Street, 208 Sunnyside Avenue, and 637 Ankeny Street. Grieder/Wilder Motion to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. HOLD HEARING - No comments on file. Grieder/Wilder Motion t❑ close hearing and receive and file oral and written comments. Voice vote -Ayes: Six. Motion carried. Grieder/Wilder Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-089. Grieder/Wilder Motion to receive, file, and instruct the City Clerk to read bids. Voice Vote -Ayes: Six. Motion carried. Grieder/Wilder Resolution awarding bid to Advanced Environmental Inc., ❑f Waterloo, Iowa in the amount of $19,800.00, and authorizing the Mayor and City Clerk to execute said document. Roll call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023- 090. RESOLUTIONS Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., for ❑esign, Construction Administration, and Inspection services, in an amount not to exceed $18,200.00, for improvements to Hangar No. 4 at Waterloo Regional Airport, and authorizing the Mayor to execute said document. Nichols/Wilder that "Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., for ❑esign, Construction Administration, and Inspection services, in an amount not to exceed $18,200.00, for improvements to Hangar No. 4 at Waterloo Regional Airport, and authorizing the Mayor to execute said document", be adopted. Voice vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-091. Resolution approving an Exclusive Listing Agreement with Amy Wienands Real Estate of Waterloo, Iowa in an amount not to exceed $11,000.00 in conjunction with the sale of 514 Johnson Street, and authorizing Adrienne Miller, Planning Economic ❑evelopment Specialist, to execute said document. Nichols/Wilder that "Resolution approving an Exclusive Listing Agreement with Amy Wienands Real Estate of Waterloo, Iowa in an amount not to exceed $11,000.00 in conjunction with the sale of 514 Johnson Street, and authorizing Adrienne Miller, Planning Economic ❑evelopment Specialist, to execute said document.", be adopted. Voice vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-092. Resolution approving the Real Estate Purchase Agreement with First Baptist Church of Waterloo, Iowa, for the City acquisition of the home located at 1318 Martin Road, in the amount of $80,000.00 plus up to $5,000.00 in closing costs, and authorizing the Mayor and City Clerk to execute said document. Nichols/Wilder that "Resolution approving the Real Estate Purchase Agreement with First Baptist Church of Waterloo, Iowa, for the City acquisition of the home located at 1318 Martin Road, in the amount of $80,000.00 plus up to $5,000.00 in closing costs, and authorizing the Mayor and City Clerk to execute said document", be adopted. Voice vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-093. Resolution approving an Amendment to the Development Agreement with Lincoln Savings Bank, originally executed October 7, 2019, as amended thereafter on November 4, 2019, and April 5, 2021, to provide that the grant payment may be repaid by funds from the Downtown Waterloo Urban Renewal and Redevelopment Area tax increment financing (TIF) district, in addition to funds from the IRD receipts or City -issued bonds, and authorizing the Mayor and City Clerk to execute said document. Nichols/Wilder that "Resolution approving an Amendment to the Development Agreement with Lincoln Savings Bank, originally executed October 7, 2019, as amended thereafter on November 4, 2019, and April 5, 2021, to provide that the grant payment may be repaid by funds from the Downtown Waterloo Urban Renewal and Redevelopment Area tax increment financing (TIF) district, in addition to funds from the IRD receipts or City -issued bonds, and authorizing the Mayor and City Clerk to execute said document", be adopted. Voice vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-094. Resolution approving a Storm Water Maintenance and Repair Agreement with Airline Storage, LLC, for the maintenance of a stormwater detention pond, located at 3318 West Airline Highway, and authorizing the Mayor and City Clerk to execute said document. Nichols/Wilder that "Resolution approving a Storm Water Maintenance and Repair Agreement with Airline Storage, LLC, for the maintenance of a stormwater detention pond, located at 3318 West Airline Highway, and authorizing the Mayor and City Clerk to execute said document", be adopted. Voice vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-095. Resolution approving the Acknowledgment, Joinder, and Consent for the property on the TechWorks Campus that the City is aware of the Environmental Covenant affecting the Property, and that the City agrees that it has taken title to the Transferred Property subject to the Environmental Covenant, and authorizing the Mayor to execute said document. Nichols/Wilder that "Resolution approving the Acknowledgment, Joinder, and Consent for the property on the TechWorks Campus that the City is aware of the Environmental Covenant affecting the Property, and that the City agrees that it has taken title to the Transferred Property subject to the Environmental Covenant, and authorizing the Mayor to execute said document ", be adopted. Resolutions 4-6. Voice vote -Ayes: Six. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-096. OTHER COUNCIL BUSINESS Hearing on Order Assessing Civil Penalty to Prime Mart, 508 Broadway Street, Waterloo, Iowa 50703, and assessing civil penalty in the amount of $300.00. Motion to open hearing Assessing Civil Penalty. HOLD HEARING. Motion to close Hearing Assessing Civil Penalty. Resolution approving Order Assessing Civil Penalty, in the amount of $300.00 to Prime Mart, 508 Broadway Street, Waterloo, Iowa, for sale of tobacco to minor violation -first offense. FeusslChiles Motion to open hearing Assessing Civil Penalty. HOLD HEARING. FeusslChiles Motion to close Hearing Assessing Civil Penalty. Martin Petersen, City Attorney, provided an overview of the citation, the purpose of the hearing and his recommendation that council adopt the order assessing penalty for first violation and impose a fine of $300.00. FeusslChiles Resolution approving Order Assessing Civil Penalty, in the amount of $300.00 to Prime Mart, 508 Broadway Street, Waterloo, Iowa, for sale of tobacco to minor violation -first offense. Resolution adopted and upon approval by Mayor assigned No. 2023-097. ADJOURNMENT Feuss/Grieder that the Council adjourn at 6:10 p.m.. Voice vote -Ayes: Six. Motion Carried. �eCCey 'Fe1chCe °'T City Clerk