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HomeMy WebLinkAbout04.17.2023 Council Regular Session MinutesApril 17, 2023 The City Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 PM, on Monday, April 17, 2023. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Nichols, Chiles, Grieder, Wilder, and Feuss joined the meeting. Absent: Ms. Creighton -Smith. Prayer or Moment of Silence. Pledge of Allegiance - John Chiles, Ward 1 Council Member. John Chiles -Ward 1 Council Member Approval of Agenda as proposed or amended. Feuss/Wilder that the agenda, as amended, be approved. Voice vote: Ayes - Six. Motion carried. Minutes of April 4, 2023, Regular Session, as proposed. Feuss/Wilder that the minutes of April 3, 2023, Regular Session, as proposed, be approved. Voice vote: Ayes - Six. Motion carried. Proclamation declaring April 23-29, 2023 as Arbor Week. Paul Huting accepted the proclamation on behalf of Arbor Week. Tree City USA for 39th year in a row. Will be distributing 230 trees to residents who purchased them and are supported by the Young Family Trust. Proclamation declaring April 23-29, 2023 as National Library Week. Dave Eckert and Jillian Rutledge accepted the proclamation on behalf of the Waterloo Public Library for National Library Week. PUBLIC COMMENTS Mr. Grieder updated the council regarding his meetings with The Safe Neighborhoods Commission, which looks at the underlying causes of youth gun violence in the community and invited Citizens to a public forum April 20, 2023, 5-6 p.m. at the Jubilee Freedom Center, to allow members of the forum to listen to citizen's concerns and suggestions for solutions regarding gun violence. Mr. Chiles announced the Ward 1 meeting will be held at the end of May with a specific topic for discussion and that he will also be sending a newsletter specifically for Ward 1 as he would like meetings to be more interactive in response to community communications. Mr. Chiles Congratulated the Police Chief on filling 122 out of 123 positions for officers. Page 1 of 16 CONSENT AGENDA Feuss/Wilderthat the following items on the consent agenda be received and placed on file including the payment of bills for April 10, 2023, in the amount of $2,756,093.99 and April 17, 2023, in the amount of $2,089,572.38. Roll Call vote -Ayes: Six. Motion carried. Mr. Boesen requested an overview of item No. 12, rejecting bid of Aspro, Inc., with regards to contract No. 1072. Jaime Knutson, City Engineer, explained Engineering was recommending rejecting the bid of Aspro, Inc., as the estimate exceeded funds available for the project and that they were hoping to rebid the project later this year and include the Broadway repairs in the bid. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2023-225. Resolution approving request to seek proposals for auditing services. Resolution adopted and upon approval by Mayor assigned No. 2023-226. Resolution approving naming financial institution depositories for the City of Waterloo, Iowa, and rescinding Resolution No. 2023-103. Resolution adopted and upon approval by Mayor assigned No. 2023-227. Resolution approving the cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2023-228. Resolution approving request of Roger Wooden for a waiver for a concrete driveway, located at 1421 Denver Street, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2023-229. Resolution approving the request by Jeremy and Cindy Ott, for tax exemptions on the construction of a new single family home valued at $345,000.00, for property located at 906 Bishop Avenue and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2023-230. Resolution setting date of public hearing as May 1, 2023, for the sale and conveyance of Ciy- owned property in the amount of $1.00 to DMJ Development, LLC, for the construction of a 14,000 square foot trucking terminal with a future 21,000 sguare foot expansion, with a minimum assessed value of $1,400,000.00, located east of 115 Warp Drive, including a Development Agreement with rebate schedule of 75 percent for years one through three, 70 percent for years four and five, and 50 percent for years six through ten, and Minimum Assessment Agreement, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-231. Page 2 of 16 Resolution setting date of public hearing as May 1, 2023, to approve a request by Magnum Trucking, for a Site Plan Amendment to the "M-2,P" Planned Industrial District to construct a 14,000 square foot trucking_terminal and a future 21,000 square foot expansion, located east of 115 Warp Drive, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-232. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 20, 2023, and date of public hearing as May 1, 2023, in conjunction with Asbestos Abatement Services, Contract No. AB-2023-05-01 P for property located at 123 E. Parker Street, former Saint Mary's Villa, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-233. Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as April 27, 2023, and date of public hearing as May 1, 2023, in conjunction with the FY2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1080, and direct the City Clerk to publish notice, and rescinding Resolution No. 2023-125. Resolution adopted and upon approval by Mayor assigned No. 2023-234. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as May 4, 2023, and date of public hearing as May 15, 2023, in conjunction with the FY 2023 E. San Marnan Drive Reconstruction Project, Contract No. 1084, and direct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2023-235. Resolution rejecting the bid of Aspro, Inc., of Waterloo, Iowa, in the amount of $7,429,551.98, in conjunction with FY 2023 Broadway Street and E. San Marnan Drive Reconstruction Project, Contract No. 1072. Resolution adopted and upon approval by Mayor assigned No. 2023-236. Airport Board minutes of February 15, 2023. Board of Adjustment minutes of February 28, 2023. Complete Streets Committee minutes of February 28, 2023. Historic Preservation Commission minutes of February 21, 2023. Waterloo Housing Authority board minutes of March 20, 2023. Page 3 of 16 Liquor Licenses a. Landmark Commons, 1400 Maxhelen Blvd., Class F Alcohol w/Outdoor Service/Sunday Sales/Living Quarters, Renewal - Exp: 8/31/2023. b. Prime Mart 7, 1309 Lafayette St., Class E Alcohol w/Sunday Sales, Renewal - Exp: 4/30/2024. c. S.A.C.'s Neighborhood Pub, 2000 Hawthorne Ave., Class C Alcohol w/Outdoor Service/Sunday Sales, Renewal - Exp: 1/31/2024. Suleiman Dizdarevic Board/Commission: Human Rights Commission Expiration Date: 4/17/2026 New Appointment Motion to receive the City of Waterloo Annual Comprehensive Financial Report for the fiscal year ended June 30, 2022, and place on file. Motion to approve the recommendation of the appointment of Emily Hansen from the current Civil Service List to the position of Laboratory Technician in the Lab Department at Waste Management Services Department, effective April 18th, 2023, pending pre -employment physical and drug testing. Motion to approve the recommendation of the appointment of Cody Wilson from the current Civil Service List, to the position of Airport Operations Specialist for the Waterloo Regional Airport, effective May 1, 2023, pending pre -employment physical, drug testing and background check. Motion approving recommendation of appointment of Jonathan Wilson to the position of Solid Waste Technician in the Public Works Sanitation Department, effective April 18, 2023 pending pre -employment physical and drug testing. Communication from the Central Garage Department on the notice of the conclusion of employment of Austin Howe, Mechanic, effective April 4, 2023, with recommendation of approval of payout of $1,000.40 for unused benefits. Communication from the Planning and Zoning Department on the notice of conclusion of employment of Patricia Magee, Administrative Secretary, effective March 31, 2023, with Page 4 of 16 recommendation of approval of payout of $8,101.38 for unused benefits. Communication from the Police Department on the notice of the conclusion of employment of Keith Rogers, Police Lieutenant, effective April 1, 2023, with recommendation of approval of payout of $25,143.94 for unused benefits. Communication from the Code Enforcement Department on the notice of the conclusion of employment of Emily Russell, Clerk II, effective March 28, 2023, with recommendation of approval of payout of $715.20 for unused benefits. Bonds. PUBLIC HEARINGS FY2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1080. Feuss/Wilder To cancel the public hearing and reschedule for May 1, 2023. Roll Call vote -Ayes: Six. Motion carried. Airline Passenger Terminal Building - HVAC Controls Project. Grieder/Nichols that the proof of publication of notice of public hearing on the Airline Passenger Terminal Building-HVAC Controls Project, as published in the Waterloo Courier on April 3, 2023, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Grieder/Nichols that the hearing be closed. Voice vote -Ayes: Six. Motion carried. Grieder/Nichols that "Resolution confirming approval of plans, specifications, form of contract, and authorizing to proceed", be adopted. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-237. Grieder/Nichols Motion to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Six. Motion carried. Page 5 of 16 Waterloo Regional Airport Improve Terminal Building — HVAC Controls FAA AIP Project No. 3-19-0094-053 (CARES) AECOM Project No. 60675091 Bid Date: 4/13/2023 Engineer's Estimate: $172,000.00 Bidder Bid Security Bid Amount Baker Mechanical, Inc. Ankeny, IA 5% $238,966.00 Woodman Controls, Inc. Urbandale, IA 5% $144,818.00 FM Controls, Inc. Fort Dodge, IA 5% $122,390.00 Grieder/Nichols that "Resolution approving award of bid to FM Controls, Inc., of Fort Dodge, Iowa, in the amount of $122,390.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Airline Passenger Terminal Building - HVAC controls project at the Waterloo Regional Airport - Federal Aviation Administration - Airport Improvement Program, Project No. 3-19-0094-0054 CARES Development, 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. 2023-238. FY 2023 Waste Water Treatment Plant Lift Stations Mowing Contract. Nichols/Wilder that the proof of publication of notice of public hearing for the FY 2023 Waste Water Treatment Plant Lift Stations Mowing Contract, as published in the Waterloo Courier on April 3, 2023, be received and placed on file . Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Wilder that the hearing be closed. Voice vote -Ayes: Six. Motion carried. Nichols/Wilder that the "Resolution confirming approval of plans, specifications, form of contract, and authorizing to proceed", be adopted. Roll Call vote -Ayes: Six. Motion carried Resolution adopted and upon approval by Mayor assigned No. 2023-239. Nichols/Wilder Motion to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Six. Motion carried. Page 6 of 16 Estimate: $37,000.00 Bidder Bid Security Bid Amount Per YearMowing / Weed Control Wilson Custom TreeCresco, IA 5% Option A: $15,920.00 / $5,190.00Option B: $5,520.00 / $790.00Option C: $2,880.00 / $900.00Option D: $5,100.00 Nichols/Wilder that "Resolution approving award of bid to Wilson Custom Tree Service of Cresco, Iowa, per year Mowing/Weed Control Option A: $15,920.00/$5,190.00, Option B: $5,520.00/$790.00, Option C: $2,880.00/$900.00 and Option D: $5,100.00, approving the contract, bonds, and certificate of insurance, in conjunction with the FY2023 Waste Water Treatment Plant Lift Stations Mowing Contract, and authorizing the Mayor to execute said documents", be adopted. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-240. FY 2024 Complaint Mowing with Complaint Snow Removal Contract. Feuss/Chiles that the proof of publication of notice of public hearing for the FY 2024 Complaint Mowing with Complaint Snow Removal Contract, as published in the Waterloo Courier on April 3, 2023, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Feuss/Chiles that the hearing be closed. Voice vote -Ayes: Six. Motion carried. Feuss/Chiles that the "Resolution confirming approval of plans, specifications, form of contract, and authorizing to proceed", be adopted. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-241. Mr. Boesen questioned if there was a conflict with awarding bids to two different contractors. Marty Petersen, City Attorney confirmed contracts could be awarded to two bidders as the bids were for different aspects of mowing and snow removal. Feuss/Chiles Motion to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Six. Motion carried. Bid Opening 3/30/2023FY24 Complaint Mowing & Snow Removal Bidder Bid Security Bid Amount P&J Lawn CareWaterloo, IA 5% A: $ 1,500.00 C: $0.00B: $ 1,500.00 D: $0.00 B&B Lawn Care, Inc.Waterloo, IA 5% A: $ 2,749.00 C: $74.49B: $ 2,749.00 D:$149.75 Feuss/Chiles that "Resolution awarding bids to P & J Lawn Care of Waterloo, Iowa, Option A $1,500.00, Page 7 of 16 Option B $1,500.00 per occurrence, and to B & B Lawn Care, Inc., of Waterloo, Iowa, Option C $74.49, and Option D $149.79 per man hour, approving the contracts, bonds, and certificates of insurance, in conjunction with the FY 2024 Complaint Mowing with Complaint Snow Removal Contracts, 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. 2023-242. Request by Parks Property Management, LLC, on behalf of Pella Windows and Doorsjor a Site Plan Amendment to construct a new 31,165 square foot commercial building in the "B-P" Business Park District, located south of 4041 Hurst Drive. Chiles/Wilder that proof of publication of notice of public hearing for a request by Parks Property Management, LLC, on behalf of Pella Windows and Doors, for a Site Plan Amendment to construct a new 31,165 square foot commercial building in the "B-P" Business Park District, located south of 4041 Hurst Drive, as published in the Waterloo Courier on April 7, 2023, be received and placed on file. Voice Vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Chiles/Wilder 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. Chiles/Wilder that "an Ordinance amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Parks Property Management, LLC, on behalf of Pella Windows and Doors, for a Site Plan Amendment to construct a new 31,165 square foot commercial building in the "B-P" Business Park District, located south of 4041 Hurst Drive", be placed on file, considered and passed for the first time. Roll Call vote -Ayes: Six. Motion carried. Chiles/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. Mr. Grieder questioned if the contractor would be moving forward as the weather allows. Noel Anderson, Community Planning and Development Director indicated the contractors are anxious to start the construction. Chiles/Wilder that "an Ordinance amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Parks Property Management, LLC, on behalf of Pella Windows and Doors, for a Site Plan Amendment to construct a new 31,165 square foot commercial building in the "B-P" Business Park District, located south of 4041 Hurst Drive", be placed on file, considered and passed for the second and third times and adopted. Roll Call vote -Ayes: Six. Motion carried. Page 8 of 16 Ordinance adopted and upon approval by Mayor assigned No. 5693. Sale and conveyance of City -owned property to Baltimore Fields LLC, in the amount of $1.00, with a Development Agreement that includes a $5,000.00 grant upon the completion of each dwelling, located east of 1003 Vermont Street, for the construction of eighteen (18) single-family dwellings. Boesen/Chiles that proof of publication of notice of public hearing on the sale and conveyance of City -owned property to Baltimore Fields, LLC, in the amount of $1.00, with a Development Agreement that includes a $5,000.00 grant upon the completion of each dwelling, located east of 1003 Vermont Street, for the construction of eighteen (18) single-family dwellings, as published in the Waterloo Courier on April 7, 2023, be received and placed on file. Voice vote -Ayes: Six. Motion Carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Bob Manning, Cedar Valley Homeowners Association, congratulated the City Council and thanked them for working on these projects, that good things are happening in Waterloo. Forest Dillavou, 1725 Huntington Road, questioned if the previous development agreement still existed. Noel Anderson explained the southerly portion of the property was taken back by the City along with the northerly portion of the property. Anderson explained that all agreements are written so that they self -expire with inactivity, so the previous agreements have expired. Panther Builders is moving forward with this project and actively building on the property. Boesen/Chiles that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Six. Motion Carried. Boesen/Chiles that the "Resolution approving the sale and conveyance of City -owned property to Baltimore Fields, LLC, in the amount of $1.00, for the construction of eighteen (18) single-family dwellings, 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. 2023-243. Mr. Grieder questioned the benefits to the city of selling this property for $1.00. Noel Anderson explained the policy of selling land for $1.00 allows getting a development agreement in place to allow for new housing development, increasing the tax base, utility fees, increase in population and workforce growth. The infill policy of $5,000.00 per unit helps to defray infrastructure costs for infill development, so the incentives will be recouped. Mr. Feuss questioned if the road construction would be an initial step of the project. Page 9 of 16 Noel Anderson confirmed the road would be developed first to alleviate some of the dirt piling up. Mr. Boesen questioned if the developer felt two homes were an achievable goal. Noel Anderson responded the contractor is confident with the construction timeline and will probably exceed that goal. Bosen/Chiles that the "Resolution approving a Development Agreement with Baltimore Fields, LLC, for the construction of eighteen (18) single-family dwellings, with infill housing incentives of a $5,000.00 grant upon the completion of each dwelling, of up to $90,000.00, 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. 2023-244. Mr. Chiles questioned if there were any costs incurred with the previous agreement. Noel Anderson explained the property was originally acquired through a partnership with the Waterloo Schools so no costs were incurred by the City, with no taxpayer burden. Request by Uniti Dark Fiber, LLC, to sell and convey approximately 0.340 acres of city -owned property located north of 2365 Northeast Drive, in the amount of $40,000.00, for the construction of a telecommunications facility, and approving the Purchase Agreement. Nichols/Wilder that proof of publication of notice of public hearing on the request by Uniti Dark Fiber, LLC, to sell and convey approximately 0.340 acres of city -owned property located north of 2365 Northeast Drive, in the amount of $40,000.00, for the construction of a telecommunications facility, and approving the Purchase Agreement, as published in the Waterloo Courier on April 7, 2023, be received and placed on file. Voice vote -Ayes: Six. Motion carried. Nichols/Wilder This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Wilder that the hearing be closed. Voice vote -Ayes: Six. Motion carried. Nichols/Wilder that the "Resolution approving the request of Dark Fiber, LLC for the sale and conveyance of approximately 0.340 acres of city -owned property, located north of 2365 Northeast Drive, in the amount of $40,000.00, for the construction of a telecommunications facility, 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 the Mayor assigned No. 2023-245. Nichols/Wilder Page 10 of 16 that the "Resolution approving a Purchase Agreement between Uniti Dark Fiber, LLC, and the City of Waterloo for the purchase of city -owned property located north of 2365 Northeast Drive, 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 the Mayor assigned No. 2023-246. Sale and conveyance of city -owned property, in the amount of $1.00 to 3 Stooges, LLC, for the construction of a 50,000 square foot warehouse with a future 9,000 square foot expansion, with a minimum assessed value of $1,800,000.00, located at the southeast corner of Leversee Road and Hyper Drive, including Minimum Assessment and Development Agreements with tax rebates of five (5) years at fifty percent. Grieder/Wilder that the proof of publication of notice of public hearing on the sale and conveyance of city - owned property, in the amount of $1.00 to 3 Stooges, LLC, for the construction of a 50,000 square foot warehouse with a future 9,000 square foot expansion, with a minimum assessed value of $1,800,000.00, located at the southeast corner of Leversee Road and Hyper Drive, including Minimum Assessment and Development Agreements with tax rebates of five (5) years at fifty percent, as published in the Waterloo Courier on April 7, 2023, be received and placed on file. Voice vote -Ayes: Six. Motion carried. Grieder/Wilder This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Grieder/Wilder that the hearing be closed. Voice vote -Ayes: Six. Motion carried. Grieder/Wilder that the "Resolution approving the sale and conveyance of city -owned property located at the southeast corner of Leversee Road and Hyper Drive, to 3 Stooges LLC, in the amount of $1.00, 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 the Mayor assigned No. 2023-247. Grieder/Wilder that the "Resolution approving a Development and Minimum Assessment Agreement with 3 Stooges, LLC, for the construction of a new 50,000 square foot warehouse and future 9,000 square foot addition, with a minimum assessed value of $1,800,00.00 and tax rebates of five (5) years at fifty percent, 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 the Mayor assigned No. 2023-248. Sale and conveyance of a vacant lot located northeast of 1522 W. 4th Street to Iowa Heartland Habitat for Humanity, in the amount of $1.00, with a Development Agreement and a grant of $5,000.00 for infill housing development. Feuss/Wilder Page 11 of 16 that the proof of publication of notice of public hearing for the sale and conveyance of a vacant lot located northeast of 1522 W. 4th Street to Iowa Heartland Habitat for Humanity, in the amount of $1.00, with a Development Agreement and a grant of $5,000.00 for infill housing development, as published in the Waterloo Courier on April 7, 2023, be received and placed on file. Voice vote -Ayes: Six. Motion carried. Grieder/Wilder This being the time and place of the public hearing, the Mayor called for written and oral comments. Ms. Wilder thanked the council for being proactive in their partnership with Iowa Heartland Habitat for Humanity for a positive change in this neighborhood. Mr. Chiles also thanked the council for this work but asked that the City be more aggressive with its 657A strategy to get more homes with Habitat for Humanity in this area. Feuss/Wilder that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. Feuss/Wilder that the "Resolution authorizing the sale and conveyance of city -owned property located northeast of 1522 W. 4th Street, in the amount of $1.00 to Iowa Heartland Habitat for Humanity, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll Cali vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by the Mayor assigned No. 2023-249. Feuss/Wilder that the "Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for the construction of a single-family home, with a $5,000.00 infill housing grant, 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 the Mayor assigned No. 2023-250. RESOLUTIONS Resolution approving_ the Participating Entity Addendum and Agreement with U.S. Bank for the purpose of making available a Corporate Card, Purchase Card, and/or One Card Program, and authorizing the Mayor to execute said document. Grieder/Wilder that the "Resolution approving the Participating Entity Addendum and Agreement with U.S. Bank for the purpose of making available a Corporate Card, Purchase Card, and/or One Card Program, and authorizing the Mayor to execute said document", be adopted. Roll Call Vote - Ayes: Four. Abstain: Chiles, and Wilder. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-251. Page 12 of 16 Resolution approving changes to the Purchasing Policy, effective April 18, 2023. Grieder/Wilder that the "Resolution approving changes to the Purchasing Policy, effective April 18, 2023", be adopted. Roll Call Vote -Ayes: Four. Abstain: Chiles, and Wilder. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-252 Resolution approving the award of hotel/motel tax council discretionary funds to the North End Arts and Music Fest in the amount of $5,000.00. Grieder/Wilder that the "Resolution approving the award ward of hotel/motel tax council discretionary funds to the North End Arts and Music Fest in the amount of $5,000.00", be adopted. Roll CaII Vote -Ayes: Four. Abstain: Chiles, and Wilder. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-253. Resolution approving the Real Estate Purchase Agreement with Operation Threshold for the City's acquisition of a vacant lot located east of 307 Gable Street, in the amount of $3,860.00 plus up to $1,000.00 in closing costs, and authorizing the Mayor and City Clerk to execute said document. Boesen/Chiles that the "Resolution approving the Real Estate Purchase Agreement with Operation Threshold for the City's acquisition of a vacant lot located east of 307 Gable Street, in the amount of $3,860.00 plus up to $1,000.00 in closing costs, 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. 2023-254. Resolution approving an Acquisition Contract to acquire 12.5 square feet of right-of-way, in the amount of $1,000.00 and up to $1,000.00 in closing costs, and a Temporary Easement Agreement on 817 square feet, with Jipson Enterprises LLC, located at 1111 South Street,_in conjunction with the South Street and W. 9th Street Roundabout Construction Protect, and authorizing the Mayor and City Clerk to execute said documents. Boesen/Chiles that the "Resolution approving an Acquisition Contract to acquire 12.5 square feet of right-of- way, in the amount of $1,000.00 and up to $1,000.00 in closing costs, and a Temporary Easement Agreement on 817 square feet, with Jipson Enterprises LLC, located at 1111 South Street, in conjunction with the South Street and W. 9th Street Roundabout Construction Project, 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. 2023-255. Resolution approving a Temporary Easement Agreement with George and Carol Clark, in the amount of $133.44, for 556 square feet, located at 1026 South Street, in conjunction with the South Street and W. 9th Street Roundabout Construction Project, and authorizing the Mayor and City Clerk to execute said document. Page 13 of 16 Boesen/Chiles that the "Resolution approving a Temporary Easement Agreement with George and Carol Clark, in the amount of $133.44, for 556 square feet, located at 1026 South Street, in conjunction with the South Street and W. 9th Street Roundabout Construction Project, 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. 2023-256. Resolution approving an Early Access Agreement with DMJ Development, LLC, to allow development activities, including earth moving and construction of a foundation on Lot 5, and access to Lot 6 and Tract "B", all in the Waterloo Air and Rail Park 3rd Addition, and authorizing the Mayor and City Clerk to execute said document. Nichols/Grieder that the "Resolution approving an Early Access Agreement with DMJ Development, LLC, to allow development activities, including earth moving and construction of a foundation on Lot 5, and access to Lot 6 and Tract "B", all in the Waterloo Air and Rail Park 3rd Addition, 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. 2023-257. Resolution approving a request by Hurst Holdings, Inc., for the Preliminary Plat of Tower Park No. 7, a six -lot commercial subdivision located in the "B-P" Business Park District and "C-P" Planned Commercial District located south of 4041 Hurst Drive. Nichols/Grieder that the "Resolution approving a request by Hurst Holdings, Inc., for the Preliminary Plat of Tower Park No. 7, a six -lot commercial subdivision located in the "B-P" Business Park District and "C-P" Planned Commercial District located south of 4041 Hurst Drive", be adopted. Roll Call Vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-258. Resolution approving a development agreement with Cedar Crossing Storage, LLC, for the construction of a new self -storage facility consisting of no less than 28,276 square feet, and future expansion with a minimum assessed value of $1,680,000.00 for the first phase, located east of 3530 Marnie Avenue, including Minimum Assessment and Development Agreements with a rebate of 90 percent for years one through ten, 85 percent for year eleven, and 60 percent for years twelve through fourteen, and authorizing the Mayor and City Clerk to execute said documents. Feuss/Wilder that the "Resolution approving a development agreement with Cedar Crossing Storage, LLC, for the construction of a new self -storage facility consisting of no less than 28,276 square feet, and future expansion with a minimum assessed value of $1,680,000.00 for the first phase, located east of 3530 Marnie Avenue, including Minimum Assessment and Development Agreements with a rebate of 90 percent for years one through ten, 85 percent for year eleven, and 60 percent for years twelve through fourteen, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll Call Vote -Ayes: Six. Motion carried. Page 14 of 16 Resolution adopted and upon approval by Mayor assigned No. 2023-259. Resolution to amend a real estate purchase agreement with Union at North Crossing, LP, for the construction of a 180-unit multi -family development with a minimum assessed value of $5,000,000.00, located at 3330 East 4th Street and 151, 153 and 155 Mission Circle, including Minimum Assessment Agreement and property tax rebates of 0 percent for years one through four, 40 percent for years five through seven, and 50 percent for years eight through nine, and 60 percent for years ten through eleven, authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2022-517 in its entirety. Feuss/Wilder that the "Resolution amend a real estate purchase agreement with Union at North Crossing, LP, for the construction of a 180-unit multi -family development with a minimum assessed value of $5,000,000.00, located at 3330 East 4th Street and 151, 153 and 155 Mission Circle, including Minimum Assessment Agreement and property tax rebates of 0 percent for years one through four, 40 percent for years five through seven, and 50 percent for years eight through nine, and 60 percent for years ten through eleven, authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2022-517 in its entirety", be adopted. Roll Call Vote - Ayes: Five. Nays: Boesen. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-260. David Dryer, 3145 W. 4th Street, questioned the difference in various purchase agreements each week. Noel Anderson explained the purchase agreements are drafted in accordance with applicable CURA/CLURA rebates payment schedules chosen by the applicants. Rebates allow for a 3- year or a 10-year schedule. ORDINANCES An ordinance amending Subsection G of the Automated Traffic Enforcement Ordinance. Chiles/Wilder to receive, file, consider, and pass for the third time and adopt said ordinance. Voice vote -Ayes: Six. Motion Carried. Ordinance adopted and upon approval by Mayor assigned No. 5694. Ms. Wilder questioned when the ordinance would go into effect. Martin Peterson responded the ordinance will be in effect once it is published in the courier. EXECUTIVE SESSION Executive Session on the purchase of Real Estate pursuant to Iowa Code Section 21.5(1)(j). Page 15 of 16 Grieder/Wilder Motion to adjourn to Executive Session at 6:42 p.m. Roll Call Vote: Ayes - Six. Motion Carried. Nichols/Feuss Motion to adjourn Executive Session at 6:51 p.m. ADJOURNMENT Grieder/Wilder that the Council adjourn at 6:52 p.m. Voice vote -Ayes: Six. Motion carried. tvt. c�iYetz SIGNED LeAnn M. Even, Deputy City Clerk Page 16 of 16