HomeMy WebLinkAbout08/21/2023 - Regular Session *** Proof of Publication ***
State of Iowa
Black Hawk County
Waterloo, City of- Legals
Accounts Payable
715 MULBERRY ST.
WATERLOO IA 50703
ORDER NUMBER 228747
The undersigned, being duly sworn, on oath, do depose and say that I
am an authorized employee of the Waterloo Cedar Falls Courier, that
The Waterloo Cedar Falls Courier is a weekly newspaper regularly
published and printed in the English language in the City of Waterloo,
Black Hawk County, Iowa, and has a general circulation in the said city
and county; and that I personally know that the notice, a true copy of
which is hereto affixed, was published in the Waterloo Cedar Falls
Courier on the following days, to-wit:
Section: Legals
Category: 950 Legal Notice
PUBLISHED ON: 09/02/2023
TOTAL AD COST: 639.32
FILED ON: 9/2/2023
That the issues of said paper containing said notice were duly
circulated in the regular manner.
DANINE GLASCOCK
Commission Number 810108
My Commission Expires
4).6?Act;puze, lle.e14651.....r}t) lOWa April 17,2024
Notary Public in and for Said County
*** Proof of Publication ***
August 21,2023
The City Council of the City of Waterloo,
lows,met in Regular Session at Harold E.
Getty Council Chambers,Waterloo,Iowa,
at 5:30 PM,on Monday,August 21,2023.
Rob Call.
Mayor Quentin Hart In the Chair. Roll
Call: Mr. Boasen, Mr. Nichols, Ms.
Creighton-Smith.Mr.Chiles,Mr,Grieder,
Ms.Wilder and Mr.Feuss.
Prayer or Moment of Silence.
Pledge of Allegiance,Kelley Ritchie,City
Clerk.
Approval of Agenda, as proposed or
amended.
Feussider
that the agenda, as proposed, be
approved. Voice vote-Ayes: Seven. Mo-
tion carded.
Approval o1 Minutes of July 31. 2023,
Council Planning Session as proposed or
amended.
FeussNtiider
that the minutes of July 31,2023,Council
Planning Session, as proposed, by
approved.Voice vote-Ayes:Seven. Mo-
tion carried.
Approval of Minutes of August 7,2023,
Council Regular Session as proposed or
amended.
Ray Feuss/Nia Wilder
that the minutes of August 7, 2023,
Council Regular Session, as proposed,
be approved. Voice vote-Ayes: Seven.
Motion carried.
GriederNfider
to move Ordinance Item No.2 to follow
Public Comments on the Consent Agen-
da. Voice vole-Ayes: Six. Nays: One
(Beeson).Motion carried.
PUBLIC COMMENTS
Mary Potter 1418 W.4th Street,shared
information regarding an event supporting
the Grout Museum,
Todd Obadel, 124 Amity Drive, spoke
regarding transparency of the city and
made allegations regarding the notice
provided for the special session on
August 14,2023.
Beverly Cosby, 915 Wendell CI.,ques-
tioned if Smokey Row could be designa-
ted as a historic district.
Dwayne Ehlers, 1605 Bishop Street,
commented on code enforcement viola-
tions.
Karen Johnson.209 Zachary Ct.,reques-
ted a status update on a grocery store on
Franklin St. Questioned if there have
been public updates on the new cameras
downtown.
Mayor Hart provided comments on the
grocery store on Franklin Street. Chief
Lelbold and Mayor Hart provided an
update on the new safety cameras
downtown.
Michael Blackwell,5125 Millennium Drive,
Cedar Falls,provided comments on racial
disparities.
Feuss/Chiles
to close public comments. Voice vote-
Ayes:Seven.Motion canned.
CONSENT AGENDA
Feuss/Nichols
that the following items on the consent
agenda be received and placed on file
including the payment of bibs for August
14,2023,in the amount of$3,487,529.98.
and August 21,2023, in the amount of
$2,267,850.65.Roll Call vote-Ayes:Sev-
en.Motion carried.
Bills Payment, Finance Committee In-
voice 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.2023-495.
Resolution approving the Audit Engage-
ment Letter with BerganKDV for the fiscal
year ending June 30, 2023, and
authorizing the Mayor to execute said
document.
Resolution adopted and upon approval by
Mayor assigned No.2023-496,
Resolution approving request of Khristine
Kelson, for a waiver for a concrete
driveway,located at 614 Indians Street.
and authorizing the construction of an
asphalt driveway and placing a driveway
or sidewalk on City-owned right-of-way on
en unimproved street.
Resolution adopted and upon approval by
Mayor assigned No.2023.497.
Resolution approving the request of
Martin Floel for a waver for a concrete
driveway, located at 606 Beverly Hills
Street,with the elimination of the sidewalk
section due to inability to meet grade
requirements.
Resolution adopted and upon approval by
Mayor assigned No.2023-498.
Resolution approving preliminary plans,
specifications, form of contract, etc.,
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setting date of bid opening as September
7, 2023 and date of public hearing as
September 18,2023,in conjunction with
the FY 2024 Sidewalk Repair Assess-
ment Program - Zone 3, Contract No.
1082, and instruct the City Clerk to
publish notice.
Resolution adopted and upon approval by
Mayor assigned No.2023-499.
Resolution approving Completion of Proj-
ect and Recommendation of Acceptance
of Work for work performed by Lodge
Construction,Inc.,of Clarksville,Iowa in
the amount of$303,947.40,in conjunction
with the FY 2021 Upton Avenue and
Carriage Hill Drive Stormwater Improve-
ments Project, Contract No. 1010, and
receive end file a two-year maintenance
bond.
Resolution adopted and upon approval by
Mayor assigned No.2023-500.
Resolution rescinding Resolution No.
2022-633 in its entirety,a Development
Agreement with Youngblut Farms,Ltd.,in
the amount of$300,000.00,regarding the
purchase of 1.55 acres of land,located
northeast of 3173 Than Trail.
Resolution adopted and upon approval by
Mayor assigned No.2023.501.
Resolution accepting the Proposal for
Comprehensive Downtown Study from
Fishhook in the amount of $46,327.00
with optional services of additional data
collection dates, in the amount of
$2204.00, geolocation and condition of
street meters,In the amount of$4,800.00,
and initial findings 50 percent workshop
(onsite),in the amount of$4240.00.
Resolution adopted and upon approval by
Mayor assigned No.2023-502.
Resolution approving the cancellation of
assessments for properties listed on
Exhibit A,and authorizing the City Clerk
to notify the Black Hawk County
Treasurer of said cancellation.
Resolution adopted and upon approval by
Mayor assigned No.2023-503.
Resolution approving renewal of crime
and fidelity insurance policy with Travel-
ers Insurance, effective September 15,
2023 through September 15,2024,for a
total premium of 53,741.00.
Resolution adopted and upon approval by
Mayor assigned No.2023.504.
Resolution approving award of hotel
(motel tax council discretionary funds to
Waterloo Leisure Services In the amount
of $15,000.00 for the FY 2024 Golf
Marketing Campaign and$15,000.00 for
the FY 2024 SportsPlex Marketing
Campalen.
Resolution adopted and upon approval by
Mayor assigned No.2023-505.
Resolution approving preliminary plans,
specifications, form of contract, etc.,
setting date of bid opening as September
14,2023,and date of public hearing as
September 18,2023,in conjunction with
the Prefabricated Shelter at 3233 Ansbor-
ough Avenue Project,j Contract No.1087,
and authorizing the City Clerk to publish
notice.
Resolution adopted and upon approval by
Mayor assigned No.2023-506.
Motion approving Change Order No. 1
with Brock Even Construction, LLC, of
Jesup, Iowa, for a net increase of
$53,839.48,in conjunction with FY 2024
Sidewalk Infill,Sidewalk Ramp and Trail
Repair Program-Zone 3,Contract No.
1079,and authorizing the Mayor and City
Clerk to execute said document.
Motion approving Change Order No. 9
with Vieth Construction Corporation, of
Cedar Falls,Iowa,for a net Increase of
$66,810.00, in conjunction with the FY
2022 Sullivan Brothers Plaza Renovation,
Contract No. 1069, and authorizing the
Mayor and City Clerk to execute said
document.
Motion approving Solicitation Registration
Application by Randy Miller,on behalf of
AMVETS Post 31,to raise funds for future
Honor flights,
Communication from the Waste Manage-
ment Services Department on the notice
of the conclusion of employment of John
Hyman,ICT Foreman,effective July 12,
2023,with recommendation of approval of
payout of$3,851.75 for unused benefits.
Communication from the Police Depart-
ment on the notice of the conclusion of
employment of James Oliver, police
officer, effective August 2, 2023, with
recommendation of approval of payout of
$10,482.1510 unused benefits.
Eric Donat, Board/Commission: Human
Rights Commission,Expiration Date:8/21
/2026,New
Kristin Schaefer Board/Commission:
Planning and Zoning Commission Expira-
tion Date:8/21/2026 New
Motion approving appointment of William
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IV n ywiwu w,n Lolly
Engineer in the Engineering Department,
effective August 22.2023.
Motion approving appointment of Ron
Bailey from the current Civil Service List
to the position of Garage Mechanic in the
Central Garage Department, effective
August 22, 2023, pending pre-
employment physical and drug testing.
Motion approving appointment of Moham-
mad ElaM from Intenm Traffic Operations
Director to the position of Traffic
Operations Director in the Public Works
Traffic Department, effective August 22,
2023.
Board of Adjustments Regular Meeting
minutes May 23,2023.
Board of Adjustment Regular Meeting
minutes June 27,2023.
Airport Board minutes of June 28,2023.
Liquor Licenses
a.Brenda's Park Road Inn,306 Park Rd.,
Class C Alcohol w/Sunday Sales(Renew-
al)Exp:8/8/2024.
b.Casey's General Store#2880,1604 La
Porte Rd., Class E Alcohol w/Sunday
Sales(Renewal)Exp:9/30/2024.
c.Narey's I9th Hole,2073 Logan Ave.,
Class C Alcohol w/Sunday Sales(Renew-
al)Exp:8/22/2024.
d. Casey's General Store #2879, 3280
University Ave., Claes E Alcohol w
/Sunday Sales(Renewal)Exp 9/30/2024.
e. Dollar General #7136, 66 E. Tower
Park Dr., Class B Alcohol w/Sunday
Sales(New)Exp:2/29/2024.
f.Kwik Star 4229, 1717 E.San Marnan
Dr., Class B Alcohol w/Sunday Sales
(Renewal)Exp:9/24/2024.
g. Hy-Vee Fast & Fresh #9, 1512
Flammang Dr.,Class B Alcohol w/Sunday
Sales(New)Exp:8/27/2024.
h.Prime Mart 3,1008 La Porte Rd.,Class
E Alcohol or/Sunday Sales (Renewal)
Exp:6/12/2024,
Motion approving Cigarette/Tobacco Per-
mit Applications:
a.Elite Mobile,2016 Sears Street
b.SHWE NYIKO Market,911 Commercial
Street
c.Broadway Liquor,821 Broadway Street
d.All in Grocers,221 Franklin Street
Molten approving Application for Fire-
works Display:UAW Appreciation Event,
September 23,2023,Riverfront Stadum,
beginning at 8:00 p.m.
Bonds.
Conversion therapy ordinance amend-
ment.
Feuas/Chiles
to receive,tile,consider,and pass for the
second time an ordinance amending the
City of Waterloo Code of Ordinances by
repealing Article C, Unfair Practices -
Conversion Therapy, of Chapter 3,
Human Rights, Title 5, Police Regula-
tions. Roll Call vole-Ayes: Four. Nays:
Three (Creighton-Smith, Grieder and
Wilder).Motion carded.
Chad Mohammad,3641 Kimball Avenue,
shared that he is a licensed therapist and
commented on the troubling practice of
conversion therapy and the efforts being
made to protect members of the queer
community.
Karen Johnson, 209 Zachary Ct., com-
mented that parents should be able to
raise their families the way that they want
their family to be nurtured and raised.
Annalee Hollingsworth, 5737 Foulk
Road, spoke against repealing the
ordinance.
David Dryer,3145 W.4th Street,spoke in
favor of repealing the ordinance.
Todd Obadat,124 Amity Drive,spoke in
favor of repealing the ordinance.
Forest Ditavou, 1725 Huntington Road,
commented on the Importance of trans-
parency to minimize speculation.
Michael Gaines, 2178 Grand Blvd.,
commented on conversion therapy and
the rights of children to not be subjected
to a practice that is harmful and does not
work.
Alia Raman,223 Southbrook Drive,spoke
against repealing the ordinance.
Sam Blatt, 107 Lafayette Sheet, spoke
against repealing the ordnance.
Damian Thompson, Director of External
Relations-Iowa Safe Schools,explained
the purpose of the organization he works
for and spoke against repealing the
ordinance.
Mr. Grieder commented that numerous
people have contacted him over the last
72 hours about the ordinance and out of
those, just one of them asked him to
repeal the ordinance. He reiterated his
position on the importance of this
ordinance.He asked his colleagues not to
repeal the ordinance.
Ms Wilder thanked avorunna In,nRthnn
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up tostare their thoughts. She 9Tiiared
that she would not vote to repeal the
ordinance.
Mr. Nichols commented that if this
ordinance is repealed tonight,the ability
remains for individuals to report violations
to the Iowa DHS and board of
professional ticensure with or without the
ordinance.
Mr, Feuss concurred with Mr. Nichols
comments.
Ms. Creighton-Smith thanked everyone
for getting up to speak at the meeting and
those that reached out to her. She
expressed her hope that the community
will continue to show auth care and
concern,but also courage to do the tight
thing and fight for human rights and
equity.
Mr. Chiles commented on how difficult
this topic is. He reiterated his concern
from the very beginning over the legality
of this ordinance and stated that this Is
not the venue for this fight and that we
must work within the laws of the state.He
shared that he must vote within his duties
as a counclmember and would vote to
repeal the ordinance.
Mr.&wren commented that though he
appreciates Mr.Grieder s passion on this
issue, even if this repeal fails, it will
eventually be rescinded as it is out of our
hands,We will be forced to rescind this
ordnance and it just depends at what
cost,
Mr.Grieder stated that it is never hard to
do the right thing. He clarified that this
ordinance has not created division.What
is divisive are those who have called us
Nazis, those that drive by yelling slurs
and threatening him and his family. He
asked his colleagues again to please
keep the ordinance because it is the right
thing to do.
Mayor Hart commented that the important
thing going forward Is to seek ways for
the community to be inclusive.
Feuss/Grieder
to suspend the rules.Roll Call vote-Ayes:
Six.Nays:One(Creighton-Smith).Motion
carried.
Feuss/Chiles
to receive,file,consider,and pass for the
third time and adopt said ordinance.Roll
Call vote-Ayes: Four. Nays: (Creighton-
Smith, Seeder and Wilder). Motion
carried,
PUBLIC HEARINGS
Adoption of the 2023 Waterloo Compre-
hensive Land Use Plan Update.
Nauss/Chiles
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Seven.Motion canted.
This being the time and place of the
public heating, the Mayor called for
written and oral comments.
Karen Johnson,209 Zachary Ct., ques-
tioned how a citizen finds out information
about Planning end Zoning.
Noel Anderson,Community Planning and
Development Director,provided an over-
view of the item and Information about
Planning and Zoning Board Meetings.
Feces/Nichols
to close public hearing and receive and
file oral comments and recommendation
of approval of the Planning,Pr0gramming
and Zoning Commission. Voice vote-
Ayes:Seven.Motion canted.
Feuss/Chiles
Resolution adopting the 2023 Waterloo
Comprehensive Land Use Plan Update.
Roll Call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor essIgned No.
2023-507.
Mr.Boesen thanked everyone that took
the time to put this plan together.
Request by the City of Waterloo to vacate
11150 square feet of the San Maman
right-of-way in the°S-1"Shopping Center
District located north of 2775 Crossroads
Boulevard.
FeussANilder
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Seven.Motion cabled.
This being the time and place of the
public hearing, the Mayor caged for
written and oral comments.
David Dryer, 3145 W. 4th Street,
requested Information about the item
regarding ownership and development of
the property,and said the question also
goes for agenda items 4-11,
Noel Anderson,Community Planning and
Development Director, provided an ex-
planation of the vacate action.
Feuss/Nichols
to close public hearing and receive and
*** Proof of Publication ***
file oral comments,and recommendation
of approval of the Planning,Programming
and Zoning Commission. Voice vote-
Ayes:Seven,Motion carried.
FeussiNichols
to receive,file and consider and pass for
the first time an ordinance approving a
request by the City of Waterloo to vacate
11,250 square feet of the San Maman
right-of-way in the'S-1'Shopping Center
District located north of 2775 Crossroads
Boulevard, subject to the retention of a
public utility easement over the northeast-
erly 30 feet of said parcel and a public
utility easement over the northwesterly 10
feet of said parcel. Roll Cal vote-Ayes:
Seven.Motion carried.
Fords/Nichols
to suspend the rules.Roll Can vote-Ayes:
Seven.Motion carried.
Feuss/Nichois
to consider and pass for the second and
third times and adopt said ordnance.Roll
Cal vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by
Mayor assigned No.5713.
Request by Bryant CizeK on behalf of
C8C Welding. Inc., to vacate approxi-
mately a 66-foot by 132-foot section of W,
16th Street rightof-way,adjacent to 1714
River Street, in the M-1 Light industrial
District.
Nichds ider
to receive and file proof of publication of
notice of public hearing.Voice vole-Ayes:
Seven.Motion carried.
This being the time and place of the
public hearing, the Mayor caned for
written and oral comments and there
were none.
Nichols/Wilder
to close public hearing and receive and
file recommendations of approval of the
Planning,Programming and Zoning Com-
mission.Voice vote-Ayes:Seven.Motion
carried.
NichotaWiider
to receive Se and consider and pass for
the first time an ordnance approving a
request by Bryant Cizek on behalf of C&C
Welding,Inc.,to vacate approximately a
66-toot by 132-foot section of W. 16th
Street right-of-way adjacent to 1714 River
Street,subject to the retention of access
easements and utility easements over
portions of the vacate area, Roll Call
vote-Ayes:Seven.Motion carried.
Nichols/Wilder
to suspend the rules.Rot Call vote-Ayes:
Seven.Motion carried.
NidrolsWilder
to consider and pass for the second and
third times and adopt the ordinance.Roll
Call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by
Mayor assigned No.5714.
Request by the City of Waterloo to vacate
157,048 square feet of West Airline
Highway from 3469 West Airline Highway
to 2950 Geraldine Road, with the
exception of a 21,105 square feet section
of City-owned right-of-way at 3489 West
Airline Highway that was previously
vacated, located in the "MA' Light
industrial District.
Boesen/Feuss
to receive and tile proof of publication of
notice of public hearing.Voice vote-Ayes:
Seven.Motion canted.
This being the time and place of the
public hearing, the Mayor called for
written and oral comments and there
were none.
Boesen/Feuss
to close public hearing and receive and
tile recommendations of approval of the
Planning,Programming and Zoning Com-
mission.Voice vote-Ayes:Seven.Motion
carried.
Boesen/Feuss
to receive,file and consider and pass for
the first time an ordinance approving a
request by the City of Waterloo to vacate
157,048 square feet of West Airline
Highway from 3469 West Airline Highway
to 2950 Geraldine Road. with the
exception of a 21,105 square feet section
of CIty-owned right-of-way at 3469 West
Airline Highway that was previously
vacated, subject to the retention of a
drainage easement and an utility ease-
ment over,under, upon,and across the
entire vacated area.Roll Call vote-Ayes:
Seven.Motion carried.
Boesen/Feuss
to suspend the rules.Roll Call vote-Ayes:
Seven.Motion carded.
Boesen/Feuss
to consider and pass for the second and
third times and adopt the ordinance.Roll
Call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by
Mayor assigned No.5715.
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Request by 3 Stooges, LLC,for a Site
Plan Amendment for a new 8,980 square
toot commercial building in the"M-2,P"
Planned industrial Distnct located south
of 4050 Leversee Road.
Nichols/Wilder
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Seven.Motion carried.
This being the time and place of the
public hearing, the Mayor called for
written and oral comments.
Forest D@evou, 1725 Huntington Rood,
commented on items 5,6,7 end 8 and
saki that developers need to be held to
the development timeline or pay a fine to
help cover our losses.It's not fair to the
citizens not to do so.
David Dryer, 3145 W. 4th Street
questioned how much money we are
investing in the properties.
Noel Anderson,Community Planning and
Development Director,explained the dty's
financial investment in the items on the
public hearing.
Mayor Hart commented that In some
instances the Planning and Zoning
Department is taking property that is not
earning any tax dollars and turning it into
a taxable property.
Nichols/Wilder
to close public hearing and receive and
file oral comments and recommendation
of approval of the Planning,Programming
and Zoning Commission. Voice vote-
Ayes:Seven.Motion carried.
Nichols/Wilder
to receive,tile,consider and pass for the
first time an ordinance amendment to
Ordinance No,5079,as amended,City of
Waterloo Zoning Ordinance,by amenrting
the Official Zoning Map referred to In
Section 10-4.4,approving a request by 3
Stooges,LLC,for a Site Plan Amendment
for a new 8,980 square foot commercial
building in the'M-2,P"Planned Industrial
District located south of 4050 Leversee
Road.Rod Call vote-Ayes:Seven.Motion
carried.
NicholsAMIder
to suspend the mies.Roll Call vote-Ayes:
Seven.Motion cabled.
Nichols,Feuss
to consider and pass for the second and
third times and adopt ordnance.Roll Call
vote-Ayes: Seven. Motion carried. Ordi-
nance adopted and upon approval by
Mayor assigned No,5716.
Request by 3 Stooges, LLC, for a Site
Plan Amendment for two new 4,800
square foot commercial buildings in the
°C-P"Planned Commercial District loca-
ted north of 2117 Falls Avenue,
Boesen/Nichols
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Seven.Motion carried.
This being the time and place of the
public hearing, the Mayor called for
written and oral comments and there
were none.
Boesen/Nichols
to close public hearing and receive and
file recommendation of approval of the
Planning,Programming and Zoning Com-
mission.Voice vole-Ayes:Seven.Motion
carried.
Boesen/Nichols
to receive,Ide,consider and pass for the
first rime 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 3
Stooges,LLC,or a Site Plan Amendment
for two new commercial buildings in the
"C-P"Planned Commercial District loca-
ted north of 2117 Falls Avenue.Roll call
vote-Ayes:Seven.Motion carried.
BoesarJN'ichols
to suspend the rules.Roll call vote-Ayes:
Seven.Motion carried.
Boesen/Nichols
to consider and pass for the second and
third limes and adopt the ordinance.Roll
call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by
Mayor assigned No.5717.
Sale and conveyance of City-owned
property in the amount of $1.00 to 3
Stooges, LLC,for the construction of a
9,000 square foot commercial building,
with a minimum assessed value of
$350,000.00, including a Development
and Minimum Assessment Agreement,
with a tax rebate schedule of five years at
50 percent, heated south of 130 Hyper
Drive.
Feuss/Nichols
to receive and Isle proof of publication of
notice of public hearing.Voice vote-Ayes:
Seven.Motion carved.
This being the time and place of the
*** Proof of Publication ***
public hearing, the Mayor called for
written and oral comments and there
were none.
Fees&Nichols
to close public hearing.Voice vote-Ayes:
Seven.Motion carried.
Feuss/Nichols
Resolution approving the sale and
conveyance of City-owned property loca-
ted south of 130 Hyper Drive to 3
Stooges, LLG, in the amount Of$1.00,
and authorizing the Mayor and City Clerk
to execute said documents. Roll call
vote-Ayes:Seven.Motion carried,Reso-
lution adopted and upon approval by
Mayor assigned No.2023-508.
FeussMichols
Resolution approving a Development and
Minimum Assessment Agreement with 3
Stooges,LLC,for the construction of a
new 9,000 square foot commercial
building,with a minimum assessed value
of $350,000.00, and authorizing the
Mayor and City Clerk to execute said
document. Roll call vote-Ayes: Seven.
Motion carried. Resolution adopted and
upon approval by Mayor assigned No.
2023-509.
Sale and conveyance of City-owned
property located east of 2200 Falls
Avenue in the amount of$1.00,and to
approve a Development Agreement with
3 Stooges, LLC, with a Minimum
Assessment Agreement of $500,000.00
for the construction of two 4,800 square
toot commercial buildings.
BoesertlWilder
to receive and file proof of publication of
notice of public heating.Voice vote-Ayes:
Seven.Motion carried,
This being..,the time and place of the
public hearing, the Mayor celled for
written and oral comments and there
were none.
Boesen/Wilder
to close public hearing.Voice vote-Ayes:
Seven.Motion carved.
Beeson/Wader
Resolution approving the sale and
conveyance of City-owned property loca-
ted east of 2200 Falls Avenue to 3
Stooges, LLC, in the amount of $1.00,
and authorizing the Mayor and City Clerk
to execute said documents. Roll call
vote-Ayes: Seven. Resolution adopted
and upon approval by Mayor assigned
No.2023510.
Boesen/Wilder
Resolution approving a Development and
Minimum Assessment Agreement with 3
Stooges,LLC,for the construction of two
4,800 square foot commercial buildings,
with a minimum assessed value of
$500,000.00,and authorizing the Mayor
and City Clerk to execute said document.
Resolution adopted and upon approval by
Mayor assigned No.2023.511.
Request by A&K Venture for a Site Plan
Amendment for a new 8,618 square foot
commercial building and a future 6,000
square foot addition located in the"B-P'
Business Park District located north of
3151 Than Trail.
Nic ola/Feuss
to receive and file proof of publication of
notice of public hearing,Voice vote-Ayes:
Seven.Motion carried,
This being the time and place of the
public hearing, the Mayor called for
written and oral comments.
Nichels/Feuss
to dose public hearing and receive and
file recommendation of approval of the
Planning,Programming and Zoning Com-
mission.Voice vole-Ayes:Seven.Motion
carried.
Nichols/Feuss
to receive,Me,consider and pass for the
first lime art 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
ASK Venture for a Site Plan Amendment
for a new 6,618 square foot commercial
building and a future 6,000 square foot
addition located In the 'B-P" Business
Perk District located north of 3151 Than
Trail.Roll call vote-Ayes:Seven.Motion
carried.
Nichols/Feuse
to suspend the rules.Roll call vote-Ayes:
Seven.Motion carried.
NicholsiFouss
to consider and pass for the second and
third limes and adopt ordinance.Roll call
vote-Ayes: Seven. Motion carried. Ordi-
nance adopted and upon approval by
Mayor assigned No.5716.
Sale and conveyance of City-owned
property located near 1714 River Street,
in the amount of$1.00,to C 8 C Welding,
Inc.,and approving a Development and
*** Proof of Publication ***
nmmumar nanaoaumn nvreemern m
$550.000.00 for the construction of a
10,000 square foot industrial building,
Boesen/Wilder
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Seven.Motion carded.
This being the time and place of the
public hearin , the Mayor called for
written and oralcomments.
Boesen/Creighton-Smith
to close public hearing.Voice vote-Ayes:
Seven.Motion carded.
Boesen/Creighton-Smith
Resolution approving the sale and
conveyance of City-owned property loca-
ted near 1714 River Street in the amount
of $1.00, to C&C Welding, Inc., and
authorizing the Mayor and City Clerk to
execute said documents. Roll call vote-
Ayes:Seven.Motion carried.Resolution
adopted and upon approval by Mayor
assigned No.2023-512.
Boesen/Creigton-Smith
Resolution approving a Development and
Minimum Assessment Agreement with
C&C Welding,Inc.,for the construction of
a new 10,000 square foot industrial
building,with a minimum asnsd value
of $550,000.00, and authorizing the
Mayor and City Clerk to execute said
document.Resolution adopted and upon
approval by Mayor assigned No.
2023-513.
Request by Howard Allen on behalf of
Grant Park, LLC, for a Site Plan
Amendment for a new retail center in the
"S-1"Shopping Center District located at
2775 Crossroads Boulevard.
Grieder/Wilder
to receive and file proof of publication of
notice of public hearing.Voice vote-Ayes:
Seven.Motion carried.
This being the time and place of the
public hearing, the Mayor called for
written and oral comments.
Beverly Cosby, 315 Wendell Ct., ques-
tioned what kind of retal will go Into the
area.
Mayor Hart provided an overview of the
plan for the Crossroads area.
Gdeder/Nidmis
to close public hearing and receive and
He oral comments and recommendation
of approval of the Planning,Programming
and Zoning Commission. Voice vote-
Ayes:Seven.Motion carried.
Grieder/Nioiiols
to receive,file,consider and pass for the
first time an ordinance amendment to
Ordinance No.5079,as amended,City of
Waterloo Zoning Ordinance,by amerxiing
the Official Zoning Map referred to In
Section 10-4-4, approving a request by
Howard Allen on behalf of Grant Park,
LLC,for a Site Plan Amendment for a
new retail center In the"S-1'Shopping
Center District located at 2775 Cross-
roads Boulevard. Roll cell vote-Ayes:
Seven.Motion carded.
GriederiNic hole
to suspend the rules.Roll cat vote-Ayes:
Seven.Motion carried.
Grieder/Creighton-Smith
to consider and pass for the second and
third times and adopt ordinance.Roll call
vote-Ayes: Seven. Motion carried. Ordi-
nance adopted and upon approval by
Mayor assigned No.5719.
RESOLUTIONS
Resolution approving the sale and
conveyance of City-owned property,
located north of 2775 Crossroads Boule-
vard,to Grant Park,LLC,in the amount of
$1.00,and authorizing the Mayor and City
Clerk to execute said documents.
Nichols/Creighton-Smith
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-514.
Mr.Boesen questioned the value of the
land.
Noel Anderson,Community Planning and
Development Director,explained that the
land was appraised at$124,000.00.
Mr.Boesen requested clarification of the
tax rebates.
Noel Anderson clarified the tax rebates.
Resolution approving a Development and
Minimum Assessment Agreement with
Grant Park,LLC,for the construction of a
new 10,000 square foot Commercial
Building with a minimum assessed value
of$2,200,000,00,with a rebate schedule
of 80 percent for years one through five
and 70 percent for years six through ten.
and authorizing the Mayor and City Clerk
to execute said document.
Nichols/Creighton-Smith
Roll call vote-Ayes Seven. Motion
carded. Resolution adopted and upon
nnnrnvat by MaVM accrnnM Ain
*** Proof of Publication ***
2023.515. .d ..,,...., ...w,,..,.
Resolution approving an Amendment to a
Purchase Agreement with A-Line Ven-
tures, LC, originally executed July 17,
2023, pertaining to the purchase of
property located at 200 East Mullen
Avenue,to allow a Phase II environmen-
tal assessment to investigate environ-
mental conditions, end authorizing the
Mayor and City Clerk to execute said
document.
NicholsllCreighton-Smith
Rot call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-518.
Mr. Boesen confirmed there had previ-
ously been a gas station on that corner
end commented that the Development
Agreement states that the City is
assuming all liability it hazards are found
in the ground.
Noel Anderson confirmed and explained
that the risk is small and we were able to
acquire the site for just $7,000.00. He
stated that there are state funds available
for the removal of underground storage
tanks.If needed,
Resolution approving Young Arena Ice
Rental Rates Schedule for the 2023-2024
seasons.
Creighton-Smith/Wilder
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-517.
Resolution approving Supplemental
Agreement No. B to a Professional
Services Agreement with Wayne Claes-
sen Engineering and Surveying. Inc.,of
Waterloo,Iowa,originally executed Octo-
ber 10,2018,In art amount not to exceed
$6,000.00, in conjunction with the FY
2017 Hammond Avenue Bridge Replace-
ment Over Sink Creek Project,Contract
No,922,and authorizing the Mayor and
City Clerk to execute said document.
Creighton-Smith/Wilder
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-516.
Resolution approving a Collateral Assign-
ment of Infrastructure Development
Agreement between the City of Waterloo
and Farmers State Bank, related to the
development of North Crossing, located
at the northeast corner of East Donald
Street and Logan Avenue(Highway 63).
Creighton-Smith/Wilder
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-519.
Mr.Boesen requested an overview of the
Item.
Noel Anderson,Community Planning and
Development Director,provided an over-
view of the item.
Resolution approving a Memorandum of
Understanding with the Iowa Department
of Revenue for continued participation in
the State Income Offset Program, and
authorizing the Mayor to execute said
document.
W Ilder/Crelghton•Smlth
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-520.
Resolution approving a Latter of Intent
with Trillium Transportation Fuels,LLC,of
Houston,Texas,for the design,construc-
tion,and operation of renewable natural
gas projects at the City's wastewater
treatment plant and anaerobic lagoon,
end authonzing the Mayor to execute said
document.
Wilder/Creighton•Smiih
Roll call vote-Ayes: Seven. Motion
carried, Resolution adopted and upon
approval by Mayor assigned No.
2023-521.
Mr.Gdder expressed support for the Item.
Mr.Boesen clarified that txs Is a letter of
Intent which allows time for both sides to
work out any contractual details tomeet
both of our needs.
Mayor Hart confirmed and stated that this
is a huge step In the right direction.
Randy Bennett, Public Works Division
Manager, commented that the depart-
ment would still make CIP fund requests
In the future,but the long term goal Is that
when we begin to receive income from
this. it would help to offset that. He
explained that we have now received
approval from the EPA to begin a 1-year
demonstration period where, over that
year,we can demonstrate that we have
no SSO's.This process is required and
necessary in order to have the decent
decree removed.
*** Proof of Publication ***
Mayor Hart acknowledged everyone in
the Waste Management department for
their hard work and efforts to gat us to
this point.
ORDINANCES
An ordinance amending the City of
Waterloo Traffic Code by repealing
Subsection (46) Martin Luther King Jr.
Drive of Sec. 541, Increasing Speed
Umits in Certain Areas,in Its entirety,and
Inserting In lieu thereof a new Subsection
(46) Martin Luther King Jr. Drive of
Section 541, Increasing Speed Limits in
Certain Areas.
Feuss/Nichols
to receive,file,consider,and pass for the
second time an ordinance amending the
City of Waterloo Traffic Code by repealing
Subsection (48) Martin Luther King Jr.
Drive of Sec. 541, Increasing Speed
Limits in Certain Areas,in Its entirety,and
inserting in lieu thereof a new Subsection
(46) Martin Luther King Jr. Drive of
Section 541, Increasing Speed Limits In
Certain Areas. Roll call vote-Ayes: Six.
Nays: One (Creighton-Smith). Motion
carded.
Beverly Cosby, 315 Wendell Ct., com-
mented that she does not support
increasing the speed on this road.
Ma.Creighton-Smith commented that this
is her walking trail and someone hit a sign
there and It was nearly covering the
sidewalk. She expressed concern for
raising the speed.
Mohammad Elahi provided an overview of
the ordinance and clarified that only a
small portion of the roadway would have
en increased speed limit.
Ms.Wilder questioned the traffic score for
that area and If the score were to change,
would we be able to revisit the ordinance.
Mohammed Elahl commented on the
traffic study that was done and confirmed
the ordinance could be revisited if
needed.He did not expect that to happen
and explained why.
Feuss/Grieder
to suspend the rules.Roll cep vote-Ayes:
Six.Nays:One(Creighton-Smith).Motion
carried,
Feuss/Nichols
to receive,file,consider,and pass for the
third time and adopt said ordinance.Roll
call vote-Ayes: Six. Nays: One
(CreigOrdi-
nance ) Motion adopted and upon approval by
Mayor assigned No.5720.
OTHER COUNCIL BUSINESS
Resolution approving proposed r:onstruc-
lion of sidewalk Improvements.
Resolution to fix value of lots.
Resolution to adopt proposed plat and
schedule of assessments and estimate of
costs.
Resolution of necessity end setting date
of public hearing as September 18.2023.
Boesen/Craghton-Smith
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-522.
Boesen/Creighton-Smith
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-523.
Boesen/Crek}Hon-Smith
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023.524.
Boesen/Creighton-Smith
Roll call vote-Ayes: Seven. Motion
carried. Resolution adopted and upon
approval by Mayor assigned No.
2023-525.
ADJOURNMENT
that the Council adjourn at 7:45 p.m.
Voice vote-Ayes:Seven.Motion carried.
Kelley Felchle
City Clerk