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HomeMy WebLinkAbout11.20.2023 Council Regular Session MinutesNovember 20, 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, November 20, 2023. Roll Call. Mayor Quentin Hart in the Chair. Roll call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Grieder and Mr. Feuss. Absent: Mr. Chiles and Ms. Wilder. Prayer or Moment of Silence. Pledge of Allegiance, Belinda Creighton -Smith, Ward 4 Council member. Approval of Agenda as proposed or amended. Feuss/Grieder that the agenda, as amended, to include award of bid to Public Hearing Item No. 2, be approved. Voice vote -Ayes: Five. Motion carried. Approval of Minutes of November 6, 2023, as proposed or amended. Feuss/Grieder that the minutes for the November 6, 2023, Regular Session, be approved. Voice vote -Ayes: Five. Motion carried. Proclamation declaring November 25, 2023 as Small Business Saturday. PUBLIC COMMENTS Aaron Stacey Roberts, 411 Almond Street, shared ongoing concerns he has about past crimes. Dave Grimm, 3560 W. Donald Street, Chair of the Operations Committee for the Memorial Hall Commission, shared that the Memorial Hall Commission has concerns regarding parking. He asked that council consider the request to reopen the parking ramp access door, implement a token system at the parking ramp for patrons of the Memorial Hall, and approve their request to change Courbat Court to a one-way street from W. 4th to W. 5th. He shared that they have been working with the city for several months, which includes a traffic study, but no further action has been taken. They requested that the city include these changes in the Veterans Way project. Jim Lentfer, 810 Creston Ave., and Memorial Hall Commission member, shared his concern about a lack of handicap parking, lack of access to the parking ramp, and asked that a dumpster be moved. He stated that the messy grass and dumpster creates an eye -sore for visitors to the Memorial Hall and the brick walkway. He shared that there is no handicap Page 1 of 16 parking even though the building has been renovated for handicap accessability. He requested the city move the dumpster thirty-five feet and concrete the grassy area next to it to allow for handicap parking. Randy Miller, 4408 Reflection Lane and Memorial Hall Commission member since 1997, shared some history of the building and reiterated that they have been working with the Mayor and city staff on some of the issues that have been discussed. He shared his hope of getting a mural put up as part of Veterans Way and has spoken with Mayor and Chawn Paige at the Center for Cultural Arts. Mayor Hart commented that he had conversations with Greg Ahlhelm, Building Official, about the process. He shared that Councilwoman Belinda Creighton -Smith has been a great advocate, working with the commissioners. He stated that his hope is that by next spring, the council will support making some creative solutions to help deal with the issues brought forth. Mary Potter, Grout Museum Representative, shared some talking points on how to talk to legislators regarding House File 718, which will impact levies for the library and museum. Mayor Hart commented that our local legislators are in support of keeping the levy separate. Jessica Rucker, Main Street Waterloo, shared that if anyone purchased a veteran banner, they are now available to be picked up at the Main Street Waterloo office. Larry Stumme, 1008 Lois Lane, thanked council persons Creighton -Smith and Chiles for working with both he and Mr. Blackwell in their quest to bring a voice to those affected by the abandoned and deteriorating buildings. He expressed his disappointment with the city's pattern of delayed negligence of deteriorating and dangerous properties on the north side of Waterloo. Michael Blackwell, Cedar Falls, shared the many things he is thankful for each day. Mr. Grieder shared that he will have a constituent forum on November 27 at 6:00 p.m. Feuss/Grieder to close public comments. Voice vote -Ayes: Five. Motion carried. CONSENT AGENDA Feuss/Nichols that the following items on the consent agenda be received and placed on file including the payment of bills for November 13, 2023, in the amount of $1,476,603.62, and November 20, 2023, in the amount of $4,108,737.20. Roll Call vote -Ayes: Five. Motion carried. 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. 2023-708. Resolution approving the City of Waterloo Annual Financial Report for the Fiscal Year ended June 30, 2023, authorizing publication of the report, submission to the State of Iowa, and execution of the document by the Mayor and Finance Director. Page 2 of 16 Resolution adopted and upon approval by Mayor assigned No. 2023-709. Resolution approving 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. 2023-710. Resolution approving the request of Jeffry Sales for a waiver for a concrete driveway, located at 133 Martin Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2023-711. Resolution approving the request of Shahid Hadayat for a waiver for an asphalt driveway, located at 2027 Falls Avenue, with the elimination of the sidewalk section for asphalt driveways. Resolution adopted and upon approval by Mayor assigned No. 2023-712. Resolution approving the request of Mike Elliott for a waiver for a concrete driveway, located at 5311 Blue Bonnet Drive, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2023-713. Resolution approving the request of Jose Galvez for a waiver for a concrete driveway, located at 419 S. Hackett Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2023-714. Resolution approving the request by Jenny L. Garcia, for tax exemptions on the construction of a new single family home valued at $544,000.00, for property located at 1845 Red Tail Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-715. Resolution approving the request by Stevan Krickovic, for tax exemptions on the construction of a new single family home valued at $305,000.00, for property located at 105 Coral Drive and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2023-716. Resolution approving the request by Monesha Jordan, for tax exemptions on the construction of a new addition to a single family home valued at $22,000.00, for property located at 229 Halstead Street and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2023-717. Resolution setting date of public hearing as December 4, 2023, to approve a request by the City of Waterloo on behalf of H&A, LC, to rezone approximately sixty acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located east of 2950 Newell Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-718. Page 3 of 16 Resolution setting date of public hearing as December 4, 2023, to approve a request by Prairie Rapids II, LLC, for a Site Plan Amendment to construct a 48-unit multi -family residence building in the "S-1" Shopping Center District located east of 3121 Kimball Avenue, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-719. Resolution approving Grant Amendment No. 3, to FAA Grant No. 3-19-0094-0046-2020 for final funding as needed for the completion of various Airport projects, for a total project amount of $5,162,135.00, and authorizing the Mayor and City Attorney to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2023-720. Resolution approving award of bid to Cell Site Solutions, LLC, of Cedar Rapids, Iowa, in the amount of $54,950.00, approving the contract, bonds, and certificate of insurance, in conjunction with the FY2024 3221 Ansbrorough Avenue Fiber Hut, Contract No. 1096, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2023-721. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Woodruff Construction, Inc., of Waterloo, Iowa, in the amount of $3,000.00, in conjunction with the FY 2020 Wastewater Treatment Plant Biosolids Modifications Project, Contract No. 994, and receive and file a two-year Maintenance Bond. Resolution adopted and upon approval by Mayor assigned No. 2023-722. Motion approving Change Order No. 13 with Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $357,858.35, in conjunction with FY 2020 University Avenue Reconstruction Phase 3 Project, Contract No. 971, and authorizing the Mayor and City Clerk to execute said document. Motion approving Change Order No. 2 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $54,451.32, in conjunction with FY 2022 Park Avenue Bridge Replacement Project, Contract No. 1013, DOT Contract No. BRM-CHBP-8155(771)--NB-07, and authorizing the Mayor and City Clerk to execute said document. Resolution approving Completion of Project, Recommendation of Acceptance of work, and Release of Retainage in the amount of $7,250.00, for work performed by Bowker Mechanical Contractors, of Cedar Rapids, Iowa, in conjunction with the Waterloo Center for the Arts Youth Pavillion Phase 2 Boiler Replacement Project. Resolution adopted and upon approval by Mayor assigned No. 2023-723. Resolution approving the submission of a public service grant application from Firehouse Subs in the amount of $35,000.00, for tech rescue and extrication equipment. Resolution adopted and upon approval by Mayor assigned No. 2023-724 Communication from the Street Department on notice of the conclusion of employment of Page 4 of 16 Steven Gipe, Equipment Operator I, effective October 27, 2023 with recommendation of approval of payout of $7,330.18 for unused benefits. Motion approving an Exception to Burning Yard Waste Application by George Wyth State Park, to burn locations within the park located generally at 3659 Wyth Road, between November 15, 2023 and May 2024, weather permitting. Motion to approve a Cigarette/Tobacco/Nicotine/Vapor Permit Application for Greenleaf Tobacco & Vape, 1608 University Avenue. Motion to receive and file recommendations from the Safe Neighborhoods Commission. Liquor Licenses a. M&J Caribbean Restaurant, 926 La Porte Rd., Class C Alcohol w/Sunday Sales (New ) Exp: 11/5/2024. b. Starbecks Smokehouse, 250 Westfield Ave., Suite 101, Class C Alcohol w/Outdoor Service, Catering and Sunday Sales (New) Exp: 9/14/2024. c. Aldi #33, 1918 Schukei Rd, Class B Alcohol w/Sunday Sales (Renewal) Exp: 11 /1 /2024. d. Golf Headquarters, 1850 W. Ridgeway Ave., Suite 1, Class B Alcohol w/Sunday Sales (Renewal) Exp: 12/30/2023. e. Hy-Vee Fast and Fresh #2, 2221 Logan Ave., Class B Alcohol w/Sunday Sales (Renewal) Exp: 1/2/2025. f. Locker Room Lounge, 1918 Hawthorne Ave., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 12/31/2024. g. Neighborhood Mart, 2100 Lafayette St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 11/14/2024. PUBLIC HEARINGS Issuance of not to exceed $1,014,000.00 Sewer Revenue Capital Loan Notes. Grieder/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Page 5 of 16 Grieder/Nichols to close the hearing. Voice vote -Ayes: Five. Motion carried. Grieder/Nichols Resolution Instituting Proceedings to Take Additional Action for the Issuance of not to exceed $1,014,000.00 Sewer Revenue Capital Loan Notes. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-725. Waterloo Center for the Arts Chiller Replacement Project. Feuss/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Aye: Five. 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/Nichols to close the hearing. Voice vote -Aye: Five. Motion carried. Feuss/Nichols Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-726. Feuss/Nichols to receive, file, and instruct the City Clerk to read the bids. Voice vote -Aye: Five. Motion carried. Engineering Estimate: $312,000.00 Reliable 1 Heating/AC/Plumbing, Cedar Falls, IA - 5% - $310,200 Young Plumbing & Heating Co., Waterloo, IA - 5% - $249,300 Plumb Tech, Inc., Waterloo, IA - 5% - $236,950 Bowker Mechanical Contractors, LLC, Cedar Rapids, IA - 5% - $256,000 Feuss/Nichols Resolution approving award of bid to Plumb Tech, Inc., of Waterloo, Iowa in the amount of $236,950.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Waterloo Center for the Arts Chiller Replacement Project, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-727. 2023-2025 Residential/Miscellaneous Areas Snow Removal Contract for city -owned lots generally acquired through Iowa Code 657A. Nichols/Feuss to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Page 6 of 16 Nichols/Feuss to close the hearing. Voice vote -Ayes: Five. Motion carried. Nichols/Feuss Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-728. Nichols/Feuss to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Five. Motion carried. Estimate: $28.48 per lot/occurrence B & B Lawn Care, Waterloo, IA - 5% - $19.46 per lot/occurrence Nichols/Feuss Resolution awarding bid to B & B Lawn Care, Inc., of Waterloo, in the amount of $19.40 per lot/occurrence, approving the contract and certificate of insurance in conjunction with the 2023- 2025 Residential/Miscellaneous Areas Snow Removal Contract for city -owned lots generally acquired through Iowa Code 657A, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-729. Request by Schott's Trucking, LLC, to rezone approximately 2.93 acres from "A-1" Agricultural District to "C-1, C-Z" Conditional Zoning District to allow for a trucking business at 438 W. Airline Highway. Grieder/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. 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 to close hearing and receive and file recommendations of approval of the Planning, Programming, and Zoning Commission. Voice vote -Ayes: Five. Motion carried. Grieder/Nichols to receive, file, consider, and pass for the first time an ordinance approving a request by Schott's Trucking, LLC, for a rezone of approximately 2.93 acres from "A-1" Agricultural District to "C-1, C-Z" Conditional Zoning District to allow for a trucking business at 438 W. Airline Highway. Roll Call vote -Ayes: Five. Motion carried. Grieder/Nichols to suspend the rules. Roll Call vote -Ayes: Five. Motion failed. Grieder/Nichols to consider and pass for the third time and adopt the ordinance. Roll Call vote -Ayes: Five. Motion failed. Page 7 of 16 Amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Forest Dillavou, 1725 Huntington Road, expressed his concern with items 5 through 13 as this will change these areas from redevelopment land to urban renewal. This is not good for the taxpayers of Waterloo as they are non -ending TIFs and the taxpayers need relief. Wayne Natham, 548 Cloverdale, supports the words spoken by Mr. Dillavou. Feuss/Boesen to close the hearing and receive and file oral comments. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety, or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-730. Mr. Boesen requested clarification on the comments provided by Forest Dillavou. Noel Anderson, Community Planning and Development Director, explained that all the plans are underneath the urban renewal portion of the state code, so we are not changing the designations from what they were before. The ones noted as slum and blight do not have a specific end time, but the rest of them are on a 20-year schedule. Mr. Boesen requested that next year, staff provide council with an opportunity to review and discuss urban renewal and redevelopment plans in advance. Noel Anderson confirmed. Amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen Page 8 of 16 Motion to close hearing and receive and file oral comments. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-731. Amendment to the Martin Road Development Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-732. Amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Page 9 of 16 Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-733. Amendment to the Rath Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2023-734. Amendment to the San Marnan Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-735. Amendment to the Schoitz Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. Page 10 of 16 This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-736. Amendment to the University Avenue Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Five. Motion carried. Feuss/Boesen Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-737. Amendment to the Crossroads Waterloo Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan. Feuss/Boesen to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Boesen to close hearing and receive and file oral comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Five. Motion carried. Page 11 of 16 Feuss/Boesen Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-738. Request by the City of Waterloo to rezone approximately 0.74 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at 1318 Martin Road. Boesen/Nchols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. 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 the hearing and receive and file the recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Five. Motion carried. Boesen/Nichols to receive, file, consider, and pass for the first time an ordinance amending 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 the City of Waterloo to rezone approximately 0.74 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at 1318 Martin Road. Roll Call vote -Ayes: Five. Motion carried. Boesen/Nichos to suspend the rules. Roll Call vote -Ayes: Five. Motion failed. Boesen/Nichols to consider and pass for the second and third times and adopt the ordinance. Roll Call vote - Ayes: Five. Motion failed. RESOLUTIONS Resolution approving a three-year software contract with Polco, in the amount of $40,000.00, for the purpose of community engagement for budget simulation, CIP prioritization, and taxpayer receipt, and authorizing the Finance Director to execute said document. Nichols/Boesen Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-739. Resolution approving Amendment No. 1 to the Professional Services Agreement with INVISION Architecture, LLC, of Waterloo, Iowa, originally executed on June 20, 2022, in the amount of $78,000.00, in conjunction with the FY 2024 Brynes Aquatic Center Project Agreement, and Page 12 of 16 authorizing the Mayor to execute said document. Nichols/Boesen Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-740. Resolution approving a Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa, in conjunction with construction -related services for the FY 2024 Byrnes Aquatic Center Project, Contract No. 177, and authorizing the Mayor to execute said documents. Nichols/Boesen Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-741. Resolution approving Supplemental Agreement No. 5, to a Professional Services Agreement originally executed November 7, 2016, with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $145,000.00, in conjunction with the FY 2020 University Avenue Reconstruction -Phase 3 Project, (Midway Avenue to US 63), Contract No. 971, and authorizing the Mayor to execute said document. Grieder/Boesen Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-742. Resolution approving a Professional Services Agreement with AECOM of Waterloo, Iowa, in the amount of $63,900.00, in conjunction with the FY 2024 CIPP Sanitary Sewer Improvements Project, and authorizing the Mayor to execute said document. Grieder/Boesen Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-743. Resolution approving a Development and Minimum Assessment Agreement with The Martin Flats, LLC, for the rehabilitation of 319 E. 4th Street into commercial and residential space, including a grant of $199,000.00, plus rebates for fifteen years at seventy percent, with a minimum assessed value of $993,060.00 upon completion, and authorizing the Mayor and City Clerk to execute said document. Grieder/Boesen Mr. Boesen commented that it is important to realize that it is not on the full $993,060, it is above the original assessed value of the tax rebates. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-744. Resolution approving electronic submission of the Tax Increment Finance (TIF) reports to the State of Iowa for Fiscal Year 2023. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor Page 13 of 16 assigned No. 2023-745. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 East Unified Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-746. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 Schoitz Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-747. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 University Avenue Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-748. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 Crossroads Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-749. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 Downtown Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-750. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 Northeast Industrial Park Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-751. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 Martin Road Waterloo Tax Increment District, and place the certification on file. Page 14 of 16 Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-752. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 San Marnan Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-753. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2023 Rath Waterloo Tax Increment District, and place the certification on file. Nichols/Feuss Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-754. Resolution approving Amendment No. 1 to the Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, originally executed June 28, 2023, in the amount of $96,100.00, in conjunction with the Waterloo Convention Center Restroom Renovation Project, and authorizing the Mayor to execute said document. Feuss/Grieder Roll Call vote -Ayes: Five.Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-755. Resolution approving a request by NADROJ Realty, LLC, for a Minor Site Plan Amendment to change a previously approved site plan to now allow for the construction of a 46,080 square foot commercial building in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive. Feuss/Grieder Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-756. Resolution approving the assignment of rebates to Self -Help Federal Credit Union in conjunction with a development agreement with Central Property Holdings, LLC, originally approved August 7, 2017 for property located at 221 Franklin Street. Feuss/Grieder Mr. Boesen questioned if we have ever done this for anyone else. Noel Anderson, Community Planning and Development Director, explained that they have done different assignment of rebates for financial purposes about four or five times before. He offered to find those projects and get them to Mr. Boesen. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor Page 15 of 16 assigned No. 2023-757. ADJOURNMENT Feuss/Grieder that the meeting adjourn at 6:22p.m. Voice vote -Ayes: Five. Motion carried. R eCCey Fe(chCe Kelley Felchle City Clerk Page 16 of 16