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HomeMy WebLinkAbout04/15/2024 - Regular SessionTHE COURIER AFFIDAVIT OF PUBLICATION Waterloo -Cedar Falls Courier 6915 Chancellor Drive Cedar Falls 50613 (319) 291-1400 State of New Jersey, County of Hudson, ss: Nichole Seitz, being first duly sworn, deposes and says: That (s)he is a duly authorized signatory of Column Software, PBC, duly authorized agent of Waterloo -Cedar Falls Courier, a publication that is a "legal newspaper" as that phrase is defined for the city of Cedar Falls, for the County of Black Hawk, in the state of Iowa, that this affidavit is Page 1 of 4 with the full text of the sworn -to notice set forth on the pages that follow, and that the attachment hereto contains the correct copy of what was published in said legal newspaper in consecutive issues on the following dates: PUBLICATION DATES: Apr. 30, 2024 NOTICE ID: 7fyKLHAWWEmXip7b6g6G PUBLISHER ID: COL-IA-600247 NOTICE NAME: 4/15/2024 Publication Fee: $865.58 7t.:cdQ& day (Signed) VERIFICATION State of New Jersey County of Hudson SHANNEA H HOLMES NOTARY PUBLIC STATE OF NEW JERSEY My Commission Expires August 1, 2026 Subscribed in my presence and sworn to before me on this: 05/01/2024 Notary Public Notarized remotely online using communication technology via Pr Public Notice April 15. 2024 The City Council of the City of Water- loo, Iowa, met In Regular Session et Harold E. Getty Councll Chambers, Waterloo Iowa, at 5:30 PM, on Mon- day, ApPI 15, 2024. Roll Call. Mayor Pro Tem Feuss in the Chap. Roll Call: Mr. Basses. Mn. Nichols. Ms. Creighton -Smith. Mr. Chiles, Mi. Si- mon, Ms. Wilder and Mr. Feuss. Prayer or Moment of Silence Pledg f A1leglance, Dare Boesen, Ward 2 Councll Member. Ap1proval of Agenda, as proposed or Nended. leholoWllder that the agenda, as proposed. be approved. Voice vote - Ayes, Seven. Motion carried. Approval of Minutes of April 1. 2024, Regular Council Session and Special Session as proposed or amended. NlcholsWilder that the minutes of April 1, 2024. Regular Session, as pro- posed, be approved Voice vote -Ayes: Seven. Motion carried, PUBLIC COMMENTS The following Individuals commented MMary various subjects. aPotter. 1416 W. 4t11 Street and Grout Museum Trustee John Harrell, Groute Museum Phil Rausch, 3509 Fitzroy Rd, HI- atha, and new owners of Meyers Nursery Rev. Nils Hernandez, Queen of Peace Catholic Church, 320 Mulberry Street Michael Blackwell, 5125 Millenlum Drive, Cedar Falls Lorry Stumme, 1008 Lois Lane David Dryer, 3145 W 4th Street Bob Mannlnpp, Cedar Valley Home Builder Assoolation Aaron Stacey Roberts, 411 Almond Street Mr. Chiles noted that he wiH be hold- ing office hours at Sidecar Coffee on Ridgeway at noon at the last Saturday of the month. Mr. Nichols shared he will hold office hours on April 301h at 5,30 at South Hills Golf Course. Wild /Nlahnls to close publc comments. Voice vote - Ayes', Seven. Motion carried, CONSENT AGENDA Nichols/Chiles that the followtog Items on the con- sent agenda be received and placed on file. Including the payment of bills for App rll 81h, 2024. In the amount of S2,880.170.61. and April 15, 2024, in the amount of $2,976,75129. Roil Call vote -Ayes, Seven. Motlon parried. Bills Payment, Finance Committee invoice Summary Report. a copy of which is on Ole in the oftice of the C1ty Clerk. Rohl Call vote -Ayes. Seven. Motion anted. Resolution adopted and upon approval by Mayor assigned No.2024- 192. Resolution sating date of public hear.- Ing as May 6, 2324, for an amendment to the FYE 2024 Budget. and Instruct the City Clerk to publish notice. Rail Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon 1 approval by Mayor assigned No.2024- 93. Resolution approving award of hotel/ motel tan counc1 discretionary funds to the Waterloo Municipal Band In the mount of $23,990.00. Roll Call vote -Ayes: Seven. Motion anted. Resolution adopted and upon approval by Mayor assigned No.2024- 194. Resolution approving the award of hotevmotel tax council discretionary funds to the North End Arts and Must Fest In the amount of $5,000.00. of. 4/15/2024 - Page 1 of 4 Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-195. Resolution setting date of public hearing as May 6, 2024, to approve the request by the Cltyof Waterloo to rezone approxi- mately 2.17 acres from "M-2" Heavy Indus- trial District to "C-P" Planned Commercial District, located at 1515 Sycamore Street, to allow for redevelopment of the Rath Ad- ministration Building into eighty-seven af- fordable senior housing units, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-196. Resolution setting date of public hearing as April 29. 2024, to approve an amend- ment to the City o1 Waterloo Zoning Or- dinance No. 5079 to update terms and regulations as they apply to the floodplain regulations. and Instruct the Clty Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-197. Resolution setting date of public hearing as May 6, 2024, to approve a request by Cedar Valley Lawn Care for a Site Plan Amendment for a new commercial build- ing in the "C-2" Commercial Dlstrlct and 'C-2, C-Z" Conditional Zoning District lo- cated south of 4121 Alexandra Drive, and instruct the Clty Clerk to publish notice. Roll Call vote -Ayes Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-198. Resolution approving preliminary plans, specifications, form of contract, etc, set- ting the date of bid opening as May 2, 2024. and date of public hearing as May 6, 2024, In conjunction with the FY2024 11th Street Railroad Crossing Repair Project, Contract No. 1107. and Instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-199. Resolution approving preliminary plans, specifications, form of contract, etc., set- ting the date of bid opening as May 2, 2024, and date of public hearing as May 6, 2024, in conjunction with the FY 2024 Rainbow Drive Railroad Crossing Repair Project, Contract No, 1108, and Instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-200. Resolution approving preliminary plans, spool}ications, form of contract, etc, set- ting the date of bid opening as May 2, 2024, and date of public hearing as May 6. 2024, in conjunction with the FY 2025 Sidewalk Ramp and Trail Repair Program - Zone 4, Contract No. 1106, and Instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-201. Resolution setting date of public hearing as May 6. 2024, for the sale and convey- ance of city -owned property located at 709 W. 3rd Street, in the amount of $1.00, to Iowa Heartland Habitat for Humani- ty, Including approval of a Development Agreement for the construction of a sin- gle-family home and a grant of $5,000.00 for fnf ill housing development, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carrled. Resolution adopted and upon approval by Mayor assigned No. 2024-202. Resolution setting date of public hearing as May 6. 2024, for the sale and convey- ance of city -owned property located at 706 W 3rd Street, in the amount of $500.00, to Tramaur Allen. including approval of a Development Agreement for the constr uc- t on a shed and fence, and Instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motton carried. Resolution adopted and upon approval by Mayor assigned No. 2024-203. Resolution setting date of public hearing as May 6. 2024, for the sale and convey- ance of city -owned property located south of 3620 Wagner Road, in the amount of $1.00, tc 3 Stooges LLC, including ap- proval of a Development Agreement and Minimum Assessment Agreement with a minimum assessed value of $500,000.00 for the construction of two commercial buildings, and Instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-204. Resolution approving award of bid to Boul- der Contracting o1 Grundy Center, Iowa, In the amount of $53,650.00, approving the contract, bond, and certificate of In- surance. In conjunction with the Waterloo Convention Center Parking Ramp Re- pairs, 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.2024-205. Resolution approving acceptance of im- provements of Edison Addition, submitted by Earthworx Civil Solutions, LLC, and performed by Blg Hand Pepper. LLC, and file two-year malntenance bond. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-206. Resolution approving a varlance to lift the truck embargo for the 700 - 1200 blocks of Cedar Bend Street and the 2000 - 2900 blocks of Burton Avenue through Decem- ber 15, 2024, for the FY 2024 Broadway Street Reconstruction Project, Contract Na. 1095. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-207. Resolution temporarity lowering the speed Ilmit on Broadway Street from Donald Street to Airport Boulevard from 55 mph to 35 mph for the FY 2024 Broadway Street Reconstruction Project, Contract Na. 1095. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-208. Motion to approve Final Quantity Sum- mary, Change Order No. 8, with Peterson Contractors, Inc.. of Relnbeck, Iowa, for a net increase of $248.825.62, In conjunc- tion with the FY 2019 University Avenue Reconstruction - Phase 2 Project, Con- tract No. 934, and authorizing the Mayor and City Clerk to execute said -document. Resolution approving Completion of Prot- ect and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Relnbeck, Iowa, In the amount of $8,727,069.83, In conjunc- tion MIS the FY 2019 Unlverslty Avenue Reconstruction - Phase 2, Contract No. 934, and receive and file a two-year main- tenance bond, Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-209. Resolution approving Completion of Prot- ect and Recommendation of Acceptance of Work for work performed by Hambly & Sons of Waterloo, Iowa, in the amount of $16,750.00, in conjunction with the CARES Maintenance Terminal Duct Cleaning Project, Project No. 3-19-0094- 04B. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-210. Motion to approve Change Order No. 2 with Peters Construction Corporation, of Waterloo. Iowa, for a net Increase of $0.00, In conjunction with the Waterloo Convention Center Restroom Renovation Project, and authorizing the Mayor to exe- cute sald document. Motion approving Change Order No, 1 with Peters Construction Corporation, of Waterloo, Iowa, for a net Increase of $14,090.05, in conjunction with CARES Maintenance Hangar No.4 Mold Remedl- atlon Project, Project No. 3-19-0094-048. and authorizing the Mayor and Clty Clerk to execute said -document. Resolution approving Completion of Prot- ect and Recommendation of Acceptance of Work for work performed by Peters Construction Corporation, of Waterloo, towa, in the amount of $113,032.15, in conjunction with the CARES Maintenance Hangar No. 4 Mold Remediation Project, Project No 3-19-0094-046. Roll Call vote -Ayes Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-211. Motion approving Change Order No.2 with FM Controls, inc., of Fort Dodge. Iowa, for a net Increase of $2,550.00, In conjunction with CARES HVAC Controls Project, Proj- ect No. 3-19-0094-048, and authorizing the Mayor and Clty Clerk to execute said document. Resolution approving Completion of Prot- ect and Recommendation of Acceptance of Work for work performed by FM Con- trols of Fort Dodge, Iowa in the amount of $141,620,00, in conjunction with the CARES HVAC Controls Project, Project No. Al P 3-19-0094-054, Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-212. Resolution approving Completion of Prot- ect and Recommendation of Acceptance of Work for work performed by K & W Electric, Inc., of Cedar Falls, Iowa, In the amount o1 $164,500.00, In conjunction with the CARES CCTV Project, Project No. 3-19-0094-054. Roll Call vote -Ayes: Seven. Motion carried. Resolutlon adopted and upon approval by Mayor assigned No. 2024-213. Resolution approving Completion of Prot- ect and Recommendation of Acceptance 01 Work for work performed by K & W Electric. Inc., of Cedar Falls, Iowa, In the amount of $46,074.00, in conjunction with the CARES Maintenance Misc. Lighting Project, Project No, 3-19-0094-046-2020. Roll Call vote -Ayes Seven. Motion carried. Resolution adapted and upon approval by Mayor assigned No. 2024-214. Motion to approve Change Order No. 1 with Lodge Construction. Inc., of Clarks- ville. Iowa, for a net decrease of $77.00, In conjunction with CARES ARFF Station Parking Project, Project No. 3-19-0094- 055. and authorizing the Mayor and City Clerk to execute said document. 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 6155,992.00, In conjunction with the CARES Pave ARFF Parking Area Project, Project No, 3-19-0094-055. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-215. Motion to approve the appointment of Jeff Miff rom the Civil Service List to the po- sition of Combination Inspector II In the Building Department, effective April 29, 2024. Motion to approve the appointment ofllm Troyer from the current Civil Service list to the position of Combination Inspector 1[, in the Bullding Department, effective April 29, 2024. Motion to approve the appointment of Morganne Kayser to the position of Of- fice Coordinator/Bookkeeper, for the Lei- sure Services Department, effective April 1 6, 2024. Motion to approve appointment of allvla Henke from the current Civil Service List to the position of Engineering Technician in the Engineering Department, effective May 13, 2024, pending pre -employment physical and drug testing. Motion to approve appointment of Carson Lee from the current Civil Service List to the position of Engineering Technician in the Engineering Department, effective May 13, 2024, pending pre -employment physical and drug testing. Motion approving appointment of Nancy Rigby to the position of Deputy City Clerk in the City Clerk's Office, effective April 1 6, 2024. Communication from the Police Depart- ment en the notice of the conclusion of employment of Albert Bovy, Police Officer, effective Apr11 1, 2024, with recommenda- tion of approval of payout of $17,833.44 for unused benefits. Motion tc receive and file Airport Board minutes cf February 28, 2024. Motion to receive and Ole Leisure Services Commission Board minutes of February 13.2024. Katy Sueong,Board/Commission: Water- loo Airport Board, Expiration Date: June 30, 2024, [New Partial]. Laura Glelssner,Board/Commisslon: Cultural and Arts Commission. Expiration Date; April 15, 2027, [New]. Liquor Licenses 1. Jim's Food, 427 Sullivan Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 4/14/2025. 2. HyVee Food Store #1, 2834 Ansbor- ough Ave.. Class E Alcohol w/Sunday Sales (Renewal) Exp: 3/23/2025, 3. HyVee Food Store #2, 2181 Logan Ave., Class E Alcohol w/Sunday Sales (Renewat) Exp: 3/23/2025. 4. LuckyWife Wine Siushles, 1022 Alabar Ave.. Special Class C Alcohol w/Sunday Sales (New-5-day) Exp'. 5/13/2024. 5. Flays Supermarket, 1975 Franklin St.. Class E Alcohol w/Sunday Sales (Renew- al) Exp: 3212025. 6. Singlespeed Brewing Co., 325 Com- mercial- St., Class C Alcohol w/Sunday Sales and a 1-day extended Outdoor Ser- vice (New) Exp: 6/1012024. 7. Waterloo Bucks, 850 Park Rd., Special Class C Alcohol w0Outdoor Service and Sunday Sales (New) Exp: 1/1/2025. 8. Elena's Steakhouse, 126 E. Ridgeway, Ste A, Class C Alcohol w/Ouldeor Service, Catering and Sunday Sales (New) Exp: 3/31 /2025. Motion approving Application for Fire- works Display: 1. 6th of July Mayors Show, Park Avenue Bridge (or) 5th Street Bridge on July 6, 2024, beginning at 9:30 p.m. 2. VGM Annual Conference, Lost Island Theme Park on June 11, 2024, beginning at 9:30 p.m. 3. My Waterloo Days. Parking Avenue Parking Ramp on June 8, 2024, beginning at 9:30 p.m. Exception to Burring Yard Waste Applica- tion by Hawkeye Community College to burn prairie grasses on around the maln HCC campus located at 1501 E. Orange Rd, between April 8 and May 10, 2024 from 9:00 a,m. to 5:30 p.m. Bonds. PUBLIC HEARINGS Approval of FY 2025 budget for the budget year ending June 30, 2025. NicholsWilder 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. Nichols/Chiles to close the hearing.Volcevote-Ayes: Sev- en. Motion carrled. NichoisrChlles Resolution approving the FY2025 budget Including total property tax askings of $53,138,500 and a levy rate of $22.08917 for the budget year ending June 30, 2025. Roll Call vote -Ayes: Five. Nays: Two (Bo- esen and Simon). Motion carried. Resolu- tion adopted and upon approval by Mayor assigned No. 2024-216. Mr. Boesen commented that the FY2025 budget is going to be difficult on a lot of our citizens, commercial and industrial businesses. Mr. Simon shared that he receives a lot of calls from fixed -income Individuals con- cerned about taxes and said we need to find a way to fix this. Mr. Chlles commented that the city Is be- ing pushed to this due to poor legislation, Boesen/Simon to amend the budget by using $1.5 million of ARPA funds to reduce the levy rate to $21.43 and a reduction of $1.5 million in tax asking. Roll Call vote -Ayes: Two. Nays: Five (Nichols, Creighton -Smith, Chiles, Wilder and Feuss). Motion failed, Mr. Boesen stated his reasons that he 4/15/2024 - Page 2 of 4 believes the proposed budget is not sus- tainable and will not support the budget as proposed. Ms. Creighton -Smith commented that ARPA funds are to be used to help offset racial and economic inequities and ques- tioned haw it would work with this amend- ment. Mr. Boesen commented that it is what we've been doing the past three of years. Bridgett Wood, Finance Director, com- mented that the ARPA funds that we have been using are out of our lost revenue. The city is able to use up to $10 million of the ARPA funds for any city provided services, based on the rules forlost revenue. Mr, Simon commented that the ability to use these funds is somewhat encouraging to reduce the fax burden on the citizens of Waterloo. Mr, Nichols questioned how using $1,5 million dollar use of cash reserves affect our borrowing ability, capacity and rating. Bridgett Wood explained that ARPA funds are unrecognized revenue and are not sit- ting in the cash reserve balances that had been presented to Moody's bond rating. If this is how council wishes to proceed, we would need to recognize the revenue. Mr, Nichols questioned if this would nega- tively affect any current or ongoing plans these funds might be used for. Brldgelt Wood commented that she is un- aware of any current plans, but said the Mayor has discussed using them for hous- ing Initiatives. Ms. Wilder clarified that If we use these funds to offset the budget, than any pro- grams that come up later that have to deal with justice Inequity, we wouldn't be able do them. Brldgelt Wood confirmed that there would be less funds available. Mr, Chiles questioned how much would be available if we did use these funds. Bridgett Wood explained there is currently $2,000,000 available, which would leave $500,000 available. Mr, Chiles questioned when the funds expire. Bridgett Wood stated they must be ob- ligated by December 2024 and spent by December2026. Mr, Feuss questioned if we cut this $1.5 million, how does it affect next year and the year after. Bridgett Wood explained it would put us In the hole $1.5 million because we won't have that available for funding purposes. Mr, Boesen stated that he cannot support the budget as proposed. He clarified that he supports all of the city department budget needs but he does not support this tax levy. Mr, Simon commented on the number of people that spoke to the importance of fis- cal responsibility in order to be elected to council. We have an opportunity to lower the budget by a little to give some relief to our citizens and have a whole year to buckle down. 2024-2026 Waste Water Treatment Plant and Lagoon Mowing/Spraying Contract. Chiles/Wilder to receive and file proof of pubtication of notice of public hearing. Voice vote -Ayes: - Seven. Motion carried. This being the time and place o1 the public hearing, the Mayor called for written and oral comments and there were none. Chiles/Wilder to close the hearing. Voice vote -Ayes: Sev- en, Motion carried. Chlles/Wllder Resolution confirming approval of specifi- cations, bid documents. form of contract, etc.. and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolu- tion adopted and upon approval by Mayor assigned No.2024-217. ChilesWilder to receive, file, and Instruct the City Clerk to read the bids. Voice vote - Ayes: Seven. Motion carried. Bid Estimate: $28,500 Adams Outdoor Contracting. Inc. Wa- terloo, IA. - 5% - (Per Occurrence) Opt. A: Mowing - $89 .94 / Weed Control - $2,497,99; Opt B: Mowing - $197.99 / Weed Control -$1,200; Option C: Mowing - $2, 627.50. Wilson Custom Tree, Cresco, IA - 5% - (Per Occurrence) Opt A: Mowing - $1 ,375 !Weed Control - $2.475: Opt 8: Mowing - $3401 Weed Control - $450; Opt. C: Mow- ing -$1,675. Chiles/Wilder Resolution approving award of bid to Adams Outdoor Contracting of Waterloo, towa in the amount of Option A Mowing: $14,367.84: Weed Control $4.945.98. Op- tion 8 Mowing: $2,375,88; Weed Control $2,400.00, Option C: $11,310.00. approv- ing the contract, bonds, and certificate of Insurance, in conjunction with the 2024- 2026 Waste Water Treatment Plant and Lagoon Mowing/Spraying Contract, and authorizing the Mayor and City Clerk to ex- ecute said documents. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-218 2024-2025 Residential tots/Miscella- neous Areas Mowing and Lot Mainte- nance Services Contract for city -owned lots generally maintained by the Planning and Zoning Department. BoeservWilder to receive and tile proof of publication of notice o1 public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place o1 the public hearing, the Mayor called for written and oral comments and there were none. BoesenvNichols to close the hearing. Voice vote -Ayes: Sev- en. Motion carried, Boesen'Nichals Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor as- signed No. 2024-219. BoeserdNichols to receive, fie, and instruct the City Clerk to read bids and refer to the Planning and Zoning Department for review. Voice vote - Ayes: Seven. Motion carried. Bid Estimate: A: $18 per lot/occurrence (under 1 acre); B: $75 per hour /occur- rence (1 acre or more) P&J Lawn Care, Waterloo, lA - 596 - A: $11 I B: $25 Cedar Valley Lawn Care, Waterloo, IA - 5 % - A: $47.7518: $95.27 B&B Lawn Care, inc. Waterloo, IA - 5% - A: $12.45I8: $191 Kelley Felchle, City Clerk, commented that after the bids were received and opened, P&J Lawn Care withdrew their bid. Sale and conveyance of city -owned prop- erty located at 1515 Sycamore Street In the amount of $1 .00, Including a Develop- ment Agreement with Gearheart Moore Holdings, LLC. NlcholsWilder to receive and tile proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place o1 the public hearing, the Mayor called for written and oral comments. Larry Stumm°, 1008 Lois Lane, posed several questions regarding the sale of the property. Noel Anderson, Community Planning and Development Director, responded to Mr. Stumme's questions. Forest ā¯‘illavou, 1725 Huntington Road, expressed his concerns and questioned how long It would take to see this project actually happen. Charles Moore, Gearhart Moore Holdings, LLC, provided background on their firm, past projects and an overview of thls prot- ect, its funding and timeline. David Dryer, 3145 W. 4th Street, ques- tioned If the company has a timeline on their performance. Nichols/Wilder to close hearing and receive and tile oral comments. Voice vote -Ayes: Seven. Mo- tion carried. Nichols+Wllder Resolution approving the sale and con- veyance of city -owned property located at 1515 Sycamore Street to Gearheart Moore Holdings, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents, Roll Call vote -Ayes: Seven. Motion carried. Resolu- tion adopted and upon approval by Mayor assigned No. 2024-220. Mr. Boesen questioned how many Incen- tives does the developer need to move forward. Charles Moore commented on the incen- tives still needed. Mr. Nichols questioned the timeline on the federal funds. Charles Moore explained that they have never been denied the federal credits, but it becomes more of when the funds would be available. but he is not overly concerned. Ms. Creighton -Smith questioned If coun- cil's approval is needed before he can move forward. Charles Moore confirmed. Ms. Wilder questioned the affordability of the apartments once they're move In ready. Charles Moore shared that based on the current area medium income, the maxi- mum rent they could charge for a studio would be $758, $813 for a 1-bedroom and $976 for a 2-bedroom. He explained that the market will actually determine the ac- tual amount of rent charged. Mr. Chiles clarified that the dollars for this project are coming out of TIF Nichols/Resolution approving a De- velopment and Minimum Assessment Agreement with Gearheart Moore Hold- ings, LLC, with grant payment of each six-month property lax Installment, less $5,000.00 for each installment for a peri- od of fifteen years, infill housing incentive of $5,000.00 per unit, and cooperation from the City for the company securing a $1,500,000.00 state Brownfield/Grayfield Tax Credit, for the renovation of the former Rath Administration Building, with a min- imum assessed value of $1,335.410.00, 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 as- signed Na 2024-221. Sale and conveyance of approximately 93.7 acres o1 city -owned property locat- ed east o1 4342 Ansborough Avenue at the southeast corner of Ansborough Av- enue and Highway 20 interchange, in the amount of $1.00, including a Development Agreement with PWM Companies, LLC, and rescinding Resolution 2023.658 in Its entirety. Wllder!Nlchols 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. Mike Macri, Representative of PWM Com- panies, LLC, introduced himself and made himself available for questions. Wilder/Nichols to close hearing. Voice vote -Ayes: Seven. Motion carried. Wider/Nichols Resolution approving the sale and convey- ance of city -owned properly located east of 4342 Ansborough Avenue at the south- east corner of Ansborough Avenue and Highway 20 to PWM Companies, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said doc- uments. Roll Call vote -Ayes: Five. Nays: Two (Boesen and Simon). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-222. Mr. Boesen requested clarification on cer- tain language in the Development Agree- ment. Mike Macri provided clarification. W Ilder/Nichols Resolution approving a Development Agreement with PWM Companies. LLC, for the development of approximately 93.7 acres of city -owned property, rescind Res- olution 2023-658 in Its entirety, and autho- rizing the Mayor and City Clerk to execute said document Roll Call vote -Ayes: Five. Nays: Two (Beeson and Simon). Motion carried. Resolution adopted and upon ap- proval by Mayor assigned No. 2024-223. RESOLUTIONS Resolution approving an agreement with Recollect Software of Portland. Oregon, In the amount of $36,446.60 for the first year and $31,446.60 for subsequent years two and three of a thirty -six-month contract, for the Sanitation Department, and authoriz- ing the Mayor to execute said document, NlcholslWilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned Nc. 2024-224. Mr. Boesen requested an overview of the item, Shelia Steffen. Public Works Coordinator, shared that the software would allow resi- dents to male changes to their sanitation needs. Mr. Boesen questioned if this is the soft- ware that would reach out to people when the landfill is closed or when routes have changed, etc. Shelia Steffen confirmed. Mr. Boesen commented on the sanitation pick up calendar andquestioned how we would address the people that do not have the electronic means to access the app. Sheila Steffen shared that the Director of Sanitation was looking at not mailing those, but rather allowing people to call In to request information and we could mall items out at that point. She added that there will be press releases and informa- tion printed in the Courier to communicate with those Individuals. Resolution establishing a Residential Handicap Parking Policy. NlcholsWilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-225, Resolution approving an Iowa Department of Transportation Federal -Aid Agreement for Transportation Alternatives Program TAP Project funds. In conjunction with the 2024 La Porte Road improve- ments, Phase f, and authorizing the Mayor and City Clerk to execute said document, Nichols+Wllder Roll Call vole -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-226. Resolution approving an agreement with 3-GIS LLC, for Fiber Optic Network Asset Management Software, in the amount of $111,850.00 over three years, In conjunc- tion with the FY 2024 Fiber Optic Network Asset Management RFP, Contract No. 1098, and authorizing the Mayor andTele- communlcatfons Director to execute said document. Boesen)/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-227. Resolution approving a Permanent and Temporary Easement Agreement for $1,765.87 with Dustin L. Greiman and Amber M. Greiman, related to the con- struction of a sanitary sewer along East Orange Road, located northeast of 6101 Kimball Avenue between Kimball Avenue and Highway 21, and authorizing Mayor and City Clerk to execute said document. Boesen/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-228, Resolution accepting a Public Sidewalk Easement from the Waterloo Community School District to allow for the placement of a public sidewalk along Western Ave- nue on school -owned property, located at 1115 West 5th Street (Irving Elementary School). Boesen/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-229. Resolution to approve an Amendment to the Development Agreement with LG Companies, LLC, originally executed on April 21. 2021, in conjunction with the de- velopment of property located near 1012 Fletcher Avenue. to allow LG Companies, LLC to construct drainage Improvements across and beneath adjacent city prop- erty, approve reimbursement for one-half of the cost, $1,600.00, and authorizing the Mayor and City Clerk to execute said document. ChilesWilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-230. M r. Boesen questioned why the city is pay- ing half of this to clean up the drainage on the development project. Noel Anderson, Community Planning and Development Director. explained that the developer has done everything they were required to do by code, but for some rea- son the pumps continue to run and pump out a lot of water. This is a compromise to help Improve the green space be im- proved. Resolution for a phased Development and Minimum Assessment Agreement with Short Enterprises, LLC, and Daniel M. Williams, to construct two forty -foot by one hundred eighty -foot mini -storage 4/15/2024 - Page 3 of 4 buildings, with a minimum assessed value of $525,570.00, and property tax rebates of fifty percent for five years, located west of 1250 West Airline Highway, In the East Waterloo Unified TIF District, and autho- rizing the Mayor and City Clerk to execute said documents. Chiles/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-231. Mr, Boesen requested clarification of lan- guage regarding rebate payments. Noel Anderson explained that this is wording that the Ahlers Law firm Is recom- mending that all cities include. It really is a matter of how debt Is reported and by putting this in there, it shows it for one year instead of total accumulation over all the years. Resolution approving a Professional Ser- vices Agreement with HDR Engineering, Inc., of Omaha, Nebraska, In the amount of $7,788.00, in conjunction with the Roundabout Traff is Analysts for Hammond Avenue and E. Ridgeway Avenue, and authorizing the Mayor and City Clerk to execute said document. WllderlNichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2024-232. Resolution approving Supplemental Agreement No, 1 with Entrust Solutions Group (Magellan), of Denver, Colorado, in conjunction with the FY2023 Construction of a Fiber -to -the -Premise Feeder/Distribu- tion and Backbone Network Project, Con- tract No. 1088, and authorizing the Mayor to execute said document. Wilder/Nichols Roll Call vote -Ayes: Two. Nays: Five. (Bo- esen, Creighton -Smith, Chiles, Simon, Wilder). Motion failed. Mayor assigned No. 2024-233. Mr, Boesen commented that the cost of the Inspector is too high and questioned why the Director of Waterloo Fiber Is not present to answer questions. Jamie Knutson, City Engineer, comment- ed that it is his understanding that this was in the original Magellan agreement. Mr, Boesen questioned if we are paying the first inspector the same rate, and what happens if this Is not approved. Jamie Knutson commented that he as- sumes that the contractor would continue to work with the crew they have, but would not have inspectors watching and ensur- ing the all the work meets specs. ORDINANCES An ordinance amending the City of Wa- terloo Traffic Code by adding Subsection (80b) Nancy Road to Section 553, No Parking Hereto Corner. Nichols/Chiles to receive, file, consider, and pass for the first time an ordinance amending the Clty of Waterloo Traffic Code, by adding Sub- section (80b) Nancy Road, No parking on the East side of the B00 block In a souther- ly direction from Raphael Street, to section 553. No Parking Here to Corner. Roll Call vote -Ayes: Seven. Motion carried. Mr Boesen commented that in the past he had requested that a G1S map be included In the packet that outlines the area so that council can understand the verbiage when this type of ordinance is to be considered. Nichols/Chiles to suspend the rules. Roll Call vote -Ayes: Seven. Motion carried. Nichols/Chiles to receive, file. consider, and pass for the second and third times and adopt the ordi- nance. Roll Call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon ap- proval by Mayor assigned No.5756. An ordinance amending the Clty of Water- loo Traffic Cade section 552, No Parking Between Signs, Rachael Street. Chilea'Wilder to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Traffic Code, by deleting subsection (16) Rachael Street to section 552, No Parking Between Signs. in its en- tirety, and Inserting in lieu thereof a new subsection (16) Rachael Street to section 552, No Parking Between Signs as fol- lows: Subsection (16) Rachael Street, North side In the 300 and 400 blocks; and North side in the 400 and 500 block. Roll Call vote -Ay es: Seven. Motion carried.. Chiles/Wilder to suspend the rules Roll Call vote -Ayes: Seven. Motion carried. Chiles/Wilder to receive, file, consider, and pass for the second and third times and adopt the ordi- nance. Roll Cali vote -Ayes: Seven. Motion carried. Ordinance adopted and upon ap- proval by Mayor assigned No. 5757. An ordinance amending the Clty of Water- loo Code of Ordinances by repealing Sec- tion 7, Local Transient Guest Tax Fund, Article A, Hotel and Motel Tax, Chapter B, Municipal Finances, Title 1, Administra- tion, is hereby repealed and a new Section 7, Local Transient Guest Tax Fund, Article A, Hotel and Motel Tax, Chapter 8, Munic- ipal Finances, Title 1, Administration, and enacting in lieu thereof a new Section 7. Nichols/Wilder to receive, file, consider, and pass for the first time an ordinance amending the Clty of Waterloo Code of Ordinances by re- pealing Section 7, Local Transient Guest Fax Fund, Article A. Hotel and Motel Tax, Chapter 8, Municipal Finances, Title 1, Administration, Is hereby repealed and a new Section 7, Local Transient Guest Tax Fund, Article A. Hotel and Motel Tax, Chapter 8, Municipal Finances, Title 1. Ad- ministration, and enacting In lieu thereof a new Section 7. Roll Call vote -Ayes: Seven. Motion carried. Tavls Hall, Executive Director, Experience Waterloo, commented that Noel Anderson sent an email last night recommending an amendment to that language. and he wanted to make sure It was noted. He ex- Plained that they recognize the value that his project has meant to tourism, so being team players, they wanted to make sure that they stepped up to the plate when necessary. The percentage is incredibly important as It Incentives growth for the entire fund. Feuss/Chlles to amend the language In 1-8A-7 Local Francient Guest Tax Fund 02 to read. "the remaining amount collected shall be allo- cated as follows' and 03 will be stricken in its entirety. Voice vote -Ayes: Seven. Motion carried. Mr. Boesen shared his support for the or- dinance as amended and expressed his disappointment that this came to council so late. Ms. Wilder requested clarification if this would be to place until the repayment is complete. Noel Anderson confirmed and stated that once the repayment is finished, we would change the ordinance. NlcholstWllder to suspend the rules. Roll Call vote -Ayes: Seven. Motion carried. Nichols/Wilder to receive, file, consider, and pass for the second and third times and adopt said ordinance. Rail Call vote - Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor as- signed No. 5758 ADJOURNMENT Nichols/Chiles that the council adjourn at 7:34 p.m. Voice vote -Ayes: Seven. Motion carried. COL-IA-600247 4/15/2024 - Page 4 of 4