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HomeMy WebLinkAbout07.07.2025_Council_Regular_Session_Minutes Docusign Envelope ID:OOF41629-38EB-4A7D-B85B-C7012A773B32 July 7, 2025 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, July 7, 2025. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton-Smith, Mr. Simon and Ms. Wilder. Ms. Creighton-Smith and Ms. Wilder joined via Zoom. Mr. Chiles and Mr. Feuss were absent. Prayer or Moment of Silence. Pledge of Allegiance, John Chiles, Ward 1 Council member. Approval of Agenda as proposed or amended. Nichols/Simon that the agenda as amended, by removing consent agenda item numbers 2 and 25 to be considered separately, be approved. Voice vote-Ayes: Five. Motion carried. Approval of Minutes of the June 16, 2025, regular Council Session, and the June 27, 2025, Special Council Session, as proposed or amended. Nichols/Simon that the minutes of the June 16, 2025, Regular Session and June 27, 2025, Special Session, as proposed, be approved. Voice vote-Ayes: Five. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Aaron Stacey Roberts, 411 Almond Megan Butler, 818 Clough Mr. Boesen commented that he was disappointed to see that there were two house fires relating to fireworks, one with $30,000 of damage and the other$5,000. He asked Chief Duncan to please share fireworks calls for service. Chief Duncan shared the number of calls for service relating to the 4th of July holiday. He shared that no citations were issued, and the department was extremely busy over the weekend. He added that the department is down fourteen officers between injuries, military deployment, and retirements. Mr. Simon questioned why citations were not issued. Chief Duncan explained that he had not yet had an opportunity to review the calls. Mayor Hart encouraged individuals to contact their state representatives regarding fireworks. Page 1 of 17 Docusign Envelope ID:OOF41629-38EB-4A7D-B85B-C7012A773B32 Ms. Creighton-Smith commented on the need to have a pool on the north and east sides, which would help with the overcrowding at the Gates Park pool. Simon/Nichols to close public comments. Voice vote-Ayes: Five. Motion carried. CONSENT AGENDA Nichols/Simon that the following items on the consent agenda be received and placed on file, including the payment of bills for June 23, 2025, in the amount of$2,824,268.70, June 30, 2025, in the amount of$4,016,763.77, and July 7, 2025, in the amount of$6,674,243.95, be received and placed on file. Roll Call vote-Ayes: Five. Motion carried. Mr. Boesen requested items 2 and 25 be considered separately. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-377. Resolution authorizing an exception to the City of Waterloo's Purchasing Policy, to approve the purchase of one 2025 Type I Superliner 171-inch Body Ford F-550 Ambulance from Life Line Emergency Vehicles of Sumner, Iowa, in the amount of$397,264.00. Mr. Boesen requested this item be considered separately. Resolution approving the request of Jennifer Portillo, for a waiver for a concrete driveway, located at 1579 Bowers Street, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-378. Resolution setting date of public hearing as July 21, 2025, to approve a request by the City of Waterloo to rezone approximately 0.19 acres from "C-2" Commercial District to "R-3" Multiple Residence District to allow Iowa Heartland Habitat for Humanity to split two lots into three, but maintain a single zoning on the three lots located at 512 Almond Street, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Four. Nays: One (Creighton-Smith). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-379. Resolution setting date of public hearing as July 21, 2025, to approve a Site Plan Amendment request by Cedar River Contractors, on behalf of K-W Electric, for the construction of a 29,900 square foot manufacturing, warehouse, and office building located east of 180 Warp Drive, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-380. Resolution setting date of public hearing as July 21, 2025, to approve a vacate request by the Page 2 of 17 Docusign Envelope ID:OOF41629-38EB-4A7D-B85B-C7012A773B32 City of Waterloo to vacate a 20-foot drainage easement on Lots 4 and 5 of Warp 2nd Addition in the "M-2,P" Planned Industrial District located at and adjacent to 4050 Leversee Road, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-381. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 10, 2025, and date of public hearing as July 21, 2025, in conjunction with Asbestos Abatement Services, Contract AB-2025-07-09P, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-382. Motion to approve Change Order No. 22 with ITG Communications, LLC, of Hendersonville, Tennessee, for a net decrease of$215,078.15, in conjunction with the FY 2023 Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. Motion to approve the appointment of Tatiana Moore from the current Civil Service List to the position of Housing Coordinator in the Housing Authority, effective July 7, 2025. Motion to approve the appointment of Jennifer McGee from the current Civil Service List to the position of Housing Coordinator in the Housing Authority, effective July 7, 2025. Motion to approve the appointment of Safiah Elahi to the position of Traffic Operations Director in the Public Works Department, effective July 8, 2025. Motion to approve the appointment of Isaac Schimmels from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective July 8, 2025, conditioned on passing a pre-employment physical and drug testing. Motion to approve the appointment of Lorenzo Jackson from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective July 7, 2025. Motion to approve the appointment of Ryan Black from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective July 7, 2025. Motion to approve the appointment of Brett Reiter from the current Civil Service List to the Page 3 of 17 Docusign Envelope ID:OOF41629-38EB-4A7D-B85B-C7012A773B32 position of Equipment Operator II in the Street Department, effective July 7, 2025. Motion to approve the appointment of Dirk Wolff from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective July 7, 2025. Ellen Shay, Board/Commission: Cultural and Arts Commission, Expiration Date: July 7, 2028, [New]. Addyson Kaune, Board/Commission: Human Rights Commission, Expiration Date: July 7, 2028, [Ne 1. Dennis Hart, Board/Commission: Human Rights Commission, Expiration Date: July 7, 2028, [New-full]. Angel Stigler, Board/Commission: Human Rights Commission, Expiration Date: July 7, 2028, [New]. Communication from the Housing Department on the notice of the conclusion of employment of Janet Wessels, Housing Coordinator, effective June 6, 2025, with recommendation of approval of payout of$7,198.59 for unused benefits. Communication from the Community Development Department on the notice of the conclusion of employment of Indira Krusko, Intake Specialist, effective June 3, 2025, with recommendation of approval of payout of$1,083.76 for unused benefits. Communication from the Traffic Department on the notice of the conclusion of employment of Brandon Hodgin, Signal Technician I, effective June 6, 2025, with recommendation of approval of payout of$4,000.90 for unused benefits. Motion to approve Recycling Yard License applications as listed in Exhibit A. Motion to deny Recycling Yard License application of Litzkow Auto Recyclers, Inc., 1720 Black Hawk Road. Mr. Boesen requested this item be considered separately. Page 4 of 17 Docusign Envelope ID:OOF41629-38EB-4A7D-B85B-C7012A773B32 Motion to approve the Application for Fireworks Display: Lost Island Water Park, 2225 E. Shaulis Road, July 25, 2025, beginning at 9:30-9:50 p.m. Motion to receive and file Airport Board minutes of April 14, 2025. Motion to receive and file Airport Board minutes of May 28, 2025. Liquor Licenses a. 7 Star Liquor & Tobacco, 2844 University Avenue, Class E w/Sunday Sales (New) Exp: 05/31/2026. b. Applebee's Neighborhood Grill & Bar, 2780 Crossroads Boulevard, Class C w/Sunday Sales (Ownership Update) Exp: 06/23/2026. c. BP Fuel, 127 Jefferson Street, Class E w/Sunday Sales (Renewal) Exp: 05/29/2026. d. Buramba, LLC, 1010 E. Mitchell Avenue, Class C w/Sunday Sales, (New) Exp: 04/14/2026. e. Edo's Sports Bar, 110 E. 11th Street, Class C w/Sunday Sales (Renewal) Exp: 05/07/2026. f. Flirts Gentlemen's Club, 319 Jefferson Street, Class C w/Sunday Sales (Renewal) Exp: 06/10/2026. h. Iron Horse Saloon, 303 W. 4th Street, Class C w/Sunday Sales (Renewal) Exp: 06/05/2026. i. Light House Lounge, 1307 W. 5th Street, Class C w/Sunday Sales (Renewal) Exp: 06/28/2026 j. Love's Travel Stop #702, 3301 Greyhound Drive, Class C w/Sunday Sales (New) Exp: 04/29/2026. k. Metro Mart#1, 3201 W. 4th Street, Class B, w/Sunday Sales (Renewal) Exp: 07/06/2026. I. Metro Mart#4, 2332 Falls Avenue, Class E, w/Sunday Sales (Renewal) Exp: 06/30/2026. m. Prime Mart#3, 1008 La Porte Road, Class E, w/Sunday Sales (Renewal) Exp: 06/12/2026. n. Starbeck's Smokehouse, 250 Westfield Avenue, Class C, w/Outdoor Service and Sunday Sales (Renewal) Exp: 06/20/2026. o. WCA Building and Amphitheatre, 225 Commercial Street, Class C, w/Outdoor Service and Sunday Sales (Renewal) Exp: 06/21/2026. Cigarette/Tobacco/Nicotine/Vapor Permits a. Shwe Nviko Market, 911 Commercial Street. (Retail Tobacco) b. SK Minimart, 306 Byron Avenue. (Retail Tobacco) Bonds. Consent Agenda Item No. 2 Boesen/Nichols Resolution authorizing an exception to the City of Waterloo's Purchasing Policy, to approve the Page 5 of 17 Docusign Envelope ID:0OF41629-38EB-4A7D-B85B-C7012A773B32 purchase of one 2025 Type I Superliner 171-inch Body Ford F-550 Ambulance from Life Line Emergency Vehicles of Sumner, Iowa, in the amount of $397,264.00. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-383. Mr. Boesen questioned if the cost includes any of the necessary equipment inside the ambulance other than the cot loading system. Chief Beck, Fire Chief, confirmed that the cost included only the power load cot and power load system and explained that the equipment will be removed from the vehicle this one would be replacing. Mr. Boesen asked how it would be funded. Chief Beck shared that it would be funded with bond money. Mr. Boesen questioned if a work session could be held on the transfer service as the original intent was to utilize the revenue from the program to purchase a new ambulance each year, but we are not, we are bonding. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025- Consent Agenda Item No. 25 Boesen/Nichols to deny Recycling Yard License application of Litzkow Auto Recyclers, Inc. 1720 Black Hawk Road. Roll Call vote-Ayes: Five. Motion carried. Mr. Boesen commented that when he was Fire Marshal this was denied each year and questioned what happens when we do deny this as it doesn't affect his business. Noel Anderson, Community Planning and Development Director, explained that he could speak with the attorney's office to see if we would like to take further actions through the court system. In the past, we won in court, and they said we could fine him a dollar a day, which didn't seem worthwhile to send code enforcement out every day. We could discuss other legal options further to see what would be worthwhile to bring Mr. Litzkow into compliance. Mr. Boesen questioned how long this had been going on. Noel Anderson commented it had been going on for at least thirty years and explained that the city went to supreme court with Mr. Litzkow and although we won, he was allowed to stay within certain court-ordered boundaries, which is operating outside of those. He further shared that the entire area is in the flood way, where he shouldn't be at all. Mr. Simon questioned if the dollar per day fine could be retroactive back thirty years. Noel Anderson stated that the court order was that we would have to collect on a daily basis. PUBLIC HEARINGS Page 6 of 17 Docusign Envelope ID:0OF41629-38EB-4A7D-B85B-C7012A773B32 Sale and conveyance of city-owned property located southeast of 155 Warp Drive, in the amount of$1.00, to BKKS Holdings LLC, including approval of a Development Agreement. Boesen/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. Boesen/Nichols to close the hearing. Voice vote-Ayes: Five. Motion carried. Boesen/Nichols Resolution approving the sale and conveyance of city-owned property, located southeast of 155 Warp Drive, to BKKS Holdings LLC, in the amount of$1.00, 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. 2025-384. Mr. Boesen commented that he would like to see our development agreements based more on jobs and building permits. Boesen/Nichols Resolution approving a Development Agreement with BKKS Holdings LLC, for the construction of a total of 94,100 square feet of storage development on Lots 34-39 (6.5 acres) of Warp 4th Addition, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote- Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-385. Sale and conveyance of city-owned property located at 512 N. Barclay Street, in the amount of $15,200.00, to Dhani RE Investments LLC, including approval of a Development Agreement for the rehabilitation of the home. Nichols/Creighton-Smith 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. Nichols/Boesen to close hearing. Voice vote-Ayes: Five. Motion carried. Nichols/Creighton-Smith Resolution approving the sale and conveyance of City property located at 512 N. Barclay Street, in the amount of $15,000.00, to Dhani RE Investments LLC, 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. 2025-386. Page 7 of 17 Docusign Envelope ID:0OF41629-38EB-4A7D-B85B-C7012A773B32 Mr. Boesen questioned if this is the same developer as Parkview Gardens at 310 Upland. Noel Anderson, Community Planning and Development Director, confirmed it is the same owner. Nichols/Creighton-Smith Resolution approving a Development Agreement with Dhani RE Investments, LLC in conjunction with the rehabilitation of 512 N. Barclay Street, including a grant of $5,000.00 for partial purchase price refund and a grant of $5,000.00 for infill housing development, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-387. Demolition and Site Clearance Services, Contract No. D-2025-06-03P. Simon/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. Simon/Nichols to close hearing. Voice vote-Ayes: Five. Motion carried. Simon/Nichols 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. 2025-388. Simon/Nichols to receive, file, and instruct the City Clerk to read bids. Voice vote-Ayes: Five. Motion carried. Engineer's Estimate: $60,000.00 Earth Services &Abatement, Des Moines, IA- 5% - $164,750.00 Lehman Trucking & Excavating, Inc., Waterloo, IA- 5% - $55,283.00 Thome Excavating & Grading, LaPorte City, IA- 5% - $47,781.20 DeClaro Demolition Company, Des Moines, IA - 5% - $78,046.00 Simon/Nichols Resolution approving the award of bid to Thome Excavating & Grinding of La Porte City, Iowa, in the amount of $47,781.20, approving the contract, bond, and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. D-2025-06-03P, 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. 2025-389. FY 2026 Airport Fence Relocation Project, Contract No. 1133. Nichols/Simon to receive and file proof of publication of notice of public hearing. Voice vote-Ayes: Five. Motion carried. Page 8 of 17 Docusign Envelope ID:0OF41629-38EB-4A7D-B85B-C7012A773B32 This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Creighton-Smith to close hearing. Voice vote-Ayes: Five. Motion carried. Nichols/Creighton-Smith 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. 2025-390. Mr. Boesen commented that there was not a lot of information in the council packet and requested an overview of the agenda item. Jamie Knutson, City Engineer, provided an overview of the project. Mr. Simon clarified that the cost is to move the fence and concrete. Jamie Knutson confirmed. Mr. Boesen questioned how security would be maintained during construction. Jamie Knutson shared that the new fence will be installed first. Nichols/Creighton-Smith to receive, file and instruct City Clerk to read bids. Voice vote-Ayes: Five. Motion carried. Lodge Construction, Shell Rock, IA- 5% - $384,730.00 Peterson Contractors, Inc., Reinbeck, IA - 5% - $317,080.00 Vieth Construction Corporation, Cedar Falls, IA- 5% - $382,409.00 Nichols/Creighton-Smith Resolution approving award of bid to Peterson Contractors, Inc. of Reinbeck, Iowa in the amount of $317,080.00, approving the contract, bond and certificate of insurance, in conjunction with the FY 2026 Airport Fence Relocation Project, Contract No. 1133, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-391. FY 2025 Prefabricated Shelter, Contract No. 1113 Boesen/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. Boesen/Nichols to close hearing. Voice vote-Ayes: Five. Motion carried. Page 9 of 17 Docusign Envelope ID:OOF41629-38EB-4A7D-B85B-C7012A773B32 Boesen/Nichols 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. 2025-392. Mr. Boesen thanked Mr. Knutson for clarification on the purpose of the project. He further commented that it seems that each time we go out to bid the price of the shelter increases. Mr. Simon questioned if this was covered by the initial contract. Jamie Knutson explained that each of the huts are stand-alone contracts. Boesen/Nichols to receive, file and instruct City Clerk to read bids and forward to the City Engineer for review. Voice vote-Ayes: Five. Motion carried. Engineer's Estimate: $300,000.00 EBB Flow Co., dba USTDW - 5% - $205,950.00 Network Building and Consulting, LLC - No Security Provided - $260,968.00 RESOLUTIONS Resolution approving a 28E Agreement with Black Hawk County, Iowa to jointly fund, construct and share a law enforcement lab facility, and authorizing the Mayor and City Clerk to execute said document. Boesen/Nichols Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-393. Resolution approving an agreement with Black Hawk Sprinklers, Inc. of Waterloo, Iowa, in the amount of $40,730.00, in conjunction with the server room dry foam sprinkler system, and authorizing the Mayor to execute said documents. Boesen/Nichols Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-394. Resolution approving a Cooperative Services Agreement with USDA Wildlife Services to minimize wildlife-related property damage and risk to human health and safety, and authorizing the Mayor to execute said document. Boesen/Nichols Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-395. Mr. Boesen thanked Chief Duncan and Sheriff Neff for their efforts. Resolution approving Supplemental Agreement No. 2, with AECOM, Inc., of Waterloo, Iowa, in an amount not to exceed $35,300.00, for a Traffic Engineering Study in conjunction with the Page 10 of 17 Docusign Envelope ID:OOF41629-38EB-4A7D-B85B-C7012A773B32 4th, 5th, and 6th Street Conversion, and authorizing the Mayor to execute said document. Nichols/Simon Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-396. David Dryer, 3145 W. 4th Street, questioned if public comment will be considered for this project. Jamie Knutson, City Engineer, commented that 4th Street should not be included in this project. He added that public input will be gathered but that it will be at least 18 months out depending on if the grant is awarded. Nichols/Simon to amend the resolution by striking 4th Street from the conversion resolution. Voice vote-Ayes: Five. Motion carried. David Deeds, 215 E. 4th Street, commented that this conversation has been going on for a very long time. He shared that he appreciates the council moving forward on this and highlighted the benefits of this project. Mayor Hart commented that these streets are at the point that they need to be reconstructed. Mr. Simon commented that he has not heard public support to reconfigure these one-way streets. Mayor Hart requested clarification on the action tonight. Jamie Knutson provided an overview of the agenda item. Mr. Nichols shared that the traffic engineering study is a very important step and expressed his support for AECOM to conduct the study for us to submit for the grant to help pay for this expensive and necessary project. Ms. Wilder works with the structural and safety committee of Habit for Humanity and the group is very much in support of this conversion project. Ms. Creighton-Smith supports the AECOM traffic study. Resolution approving a Joint Prosect Agreement with the Waterloo Community School District, to reimburse the City for design and construction costs for roadwork associated with the new high school, and authorizing the Mayor and City Clerk to execute said document. Nichols/Simon Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-397. Mr. Boesen commented that this agreement is very vague and that the schools should be responsible for design and construction costs. He shared that he would be supportive of funding the extension to Huntington Road. Page 11 of 17 Docusign Envelope ID:OOF41629-38EB-4A7D-B85B-C7012A773B32 Mr. Simon commented that he agrees with Mr. Boesen that there are going to be ongoing additional costs to the city for relocating the school. Mayor Hart commented that the bond referendum had an overwhelming majority response from the community. Mr. Nichols also commented on the overwhelming vote of approval by the citizens of Waterloo. Creighton-Smith commented that though the residents voted for the new high school, it is not clear that they knew they would be paying for it. Jamie Knutson shared that prior to learning that the school would be relocating there, it was the city's intent to reconstruct Katowski down from four lanes to two as traffic flow didn't warrant four lanes. He further shared that there would be cost savings by putting in roundabouts versus reducing traffic lanes. He provided information on who was responsible for the cost of the various portions of the project but explained that he does not have the cost-splitting percentages at this time but hopes to in the near future. Mr. Boesen commented that he would like to see this item postponed to the July 21st meeting to wait for the final study to have the agreement better informed. Jamie Knutson commented that this item would not be coming back on the 21st, and that it would be January before they go out for bids. He did share that on next council meeting agenda there will be a Design Agreement with FOTH to start the final design. Mr. Simon shared his frustration with the cost, timeline and deadlines being imposed on us and questioned why we lacked a better plan. Jamie Knutson explained that the schools did not discuss any of this with him and that he first saw their site plan in February of this year. Mayor Hart explained that it is not the responsibility of the city to tell a school where they want to build. It is the responsibility of the city to help with the flow of traffic. Jamie Knutson explained that he had given the schools a rough estimate of costs as 60% to the school and 40% to the city. Ms. Creighton-Smith shared how she understood who would be paying for what. Jamie Knutson confirmed and shared that the school is responsible for a large portion of this project. Mr. Boesen questioned how the city would pay for its 40% of the cost. Jamie Knutson shared that the funding will come from Local Option Sales Tax. Mr. Boesen commented that the Greenhill intersection would be in the University Avenue TIF, and asked if that would be Local Option Sales Tax or University Avenue TIF funding. Jamie Knutson explained it would likely be part of both for that portion. Page 12 of 17 Docusign Envelope ID:OOF41629-38EB-4A7D-B85B-C7012A773B32 Mr. Simon clarified that he is in favor of the school, the traffic improvements, etc. It is the burden that was placed upon the city of Waterloo by the schools for picking that location. Jamie Knutson commented that if the school had not chosen that location, the city would have paid 100% of the reconstruction of Huntington and Katowski. Now it is a shared cost and both sides will be saving money in the end. Mayor Hart commented that the approval of the school was delayed some when they had to go out for a public vote, which really squeezed the timeline. Resolution approving a Professional Services Agreement with AECOM, Inc., of Waterloo, Iowa, in an amount not to exceed $80,900.00 for construction-related services in conjunction with the FY 2026 Airport Fence Relocation Prosect, Contract No. 1133, and authorizing the Mayor and City Clerk to execute said document. Nichols/Simon Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-398. Resolution approving a Development Agreement with 3350 University Avenue, LLC, for tax exemptions for the rehab of an existing building into fifty-eight multiple family units, with a $5,000.00 infill incentive for each unit totaling $290,000.00, with a minimum assessed value of $2,500,000.00, located at 3350 University Avenue, which is within the Consolidated Urban Revitalization Area, and authorizing the Mayor and City Clerk to execute said document. Nichols/Simon Roll Call vote-Ayes: Three. Nays: Two (Simon and Boesen). Absent: Two (Feuss and Chiles). Motion failed. Resolution No. 2025-399. Mr. Boesen commented that this is not a rehabilitation, it is more like a remodeling project and pointed to similar projects that did not receive similar incentives. He shared that he is not in support of$5,000 per unit. Noel Anderson, Community Planning and Development Director, explained that as a part of the recent Elevate Housing Policy Initiatives, Section 4B, Rehabilitation on Eligible Infill Sites, this property is eligible and council can approve these on a case-by-case basis if it meets the qualifications for rehabilitation. Mayor Hart commented that he walked through the site with the former Fire Chief, and it was in deplorable condition. He questioned what the vision for these would be. Noel Anderson commented that they are planning to take two hotel rooms and turn them into a market-rate apartment. They do have Iowa Workforce Housing Tax Credits and are trying to utilize state assistance to complete the project. It would raise the assessed value from $730,000 to $2,000,000. Mr. Simon commented that he does not see a family going into these units and that the shared images do not even show there is a bedroom. Noel Anderson explained that it is a design that a lot of cities are seeing more of and that Page 13 of 17 Docusign Envelope ID:0OF41629-38EB-4A7D-B85B-C7012A773B32 Waterloo's Grand Crossing includes one-bedroom or no-bedroom apartments. Mr. Nichols questioned if the council would be able to see a design as he would not like to see it look the same as it had in the past. Mayor Hart questioned what type of walk-thru is done before the $5,000 is awarded. Noel Andersen explained that it is a full renovation of the building, so it would need to meet all building code requirements and all rental registration requirements, so both staff would do the walk-thru. Ms. Creighton-Smith shared her concern that these units would not be able to house families, and she is not convinced it would end up being much different from before. Mayor Hart commented that it is important that we offer a variety of housing within our community. Mr. Nichols questioned if we have worked with this developer in the past. Noel Anderson confirmed and shared that the main developer for this project is Brent Dahlstrom. Ms. Creighton-Smith asked for examples of Mr. Dahlstrom's prior developments. Mayor Hart provided a few examples of Mr. Dahlstrom's previous projects. Resolution to approve a request by VJ Engineering on behalf of 3 Stooges, LLC for the Preliminary Plat of Martin Road Subdivision, a 3-lot industrial subdivision in the "M-2-P" Planned Industrial District located at 1330-1350 Martin Road. Nichols/Simon Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-400. Resolution approving a Development Agreement with Iowa Capital Partners, LLC, for tax exemptions for the construction of a 110-unit assisted senior living center, with a minimum assessed value of $14,000.000.00, located at 707 Tower Park Drive, which is within the City Limits Urban Revitalization Area, and authorizing the Mayor and City Clerk to execute said document. Nichols/Simon Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-401. Resolution of support for an application by Martin Flats, LLC, for the Iowa Historic Tax Credit Program to the Iowa Economic Development Authority, to construct two market-rate upper-story apartments, located at 319 East 4th Street, including an economic development grant of $199,000.00, and property tax rebates of fifteen years at seventy percent, as approved by the City Council by Resolution No. 2023-744, on November 20, 2023. Boesen/Nichols Page 14 of 17 Docusign Envelope ID:OOF41629-38EB-4A7D-B85B-C7012A773B32 Roll Call vote-Ayes: Four. Abstain: One (Wilder). Absent: Two (Feuss and Chiles). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-402. Forest Dillavou, 1725 Huntington Road, requested an overview of from where funding for the project will come. Noel Anderson, Community Planning and Development Director, explained that the incentives are already in place, and they are just reapplying for the Iowa Historic Tax Credits that they did not get last time. This resolution is restating those incentives again for the state and allowing them to apply for the tax credits. David Dryer, 3145 W. 4th Street, questioned how the market-rate is determined for a multi- family unit. Noel Anderson explained that the industry standard would mean that there are no tax credits or other incentives, specifically, and limit it to low-to-moderate-income housing, which is generally set at eighty-percent of average median income or lower. Mr. Boesen commented that a six-month extension was given to the developer, and they have until December to get this finished. He questioned if it was upstairs and down or just the apartments. Noel Anderson confirmed and shared that the development agreement is for the entire project. Mr. Simon commented that there are parameters that projects have to meet to receive abatements. Noel Anderson confirmed and shared that it can be a sliding scale. Ms. Creighton-Smith expressed her support. Resolution granting the United States Department of Commerce (DOC), Economic Development Administration (EDA) certain financial assurances in conjunction with a disaster recovery grant application. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-403. Mr. Boesen questioned if this is an application or have we already been approved for this money. Noel Anderson, Community Planning and Development Director, shared that we are applying to the Economic Development Association for some funding to help us with the Waterloo Air and Rail Park. Resolution approving an amendment to the Development Agreement and Minimum Assessment Agreement with FDP OC, LLC, originally approved on October 1, 2024, for the City to acquire a portion of the property located at 503 Commercial Street for future downtown development, and authorizing the Mayor and City Clerk to execute said amendment. Nichols/Boesen Page 15 of 17 Docusign Envelope ID:OOF41629-38EB-4A7D-B85B-C7012A773B32 Roll Call vote-Ayes: Three. Nays: Two (Boesen and Simon). Absent: Two. (Feuss and Chiles). Motion failed. Resolution No. 2025-404. David Dryer, 3145 W. 4th Street, questioned why we are only acquiring a portion of the building. Noel Anderson, Community Planning and Development Director, provided an overview of the property acquisition. Mr. Boesen commented that the resolution states that the Development Agreement was originally approved on October 1, 2024, but the council approved it on August 5, 2024. He questioned if the twelve-month timeline to begin construction is from the date it was approved by council or as of the date it was recorded. He shared that he is not in favor of approving this amendment to the Development Agreement. Resolution approving a Development Agreement with RAP, LLC, for the construction of a 4,200 square foot commercial building with a minimum assessed value of$273,000.00, located south of 3135 Marnie Avenue, and authorizing the Mayor and City Clerk to execute said document. Boesen/Creighton-Smith to postpone to July 21, 2025. Voice vote-Ayes: Five. Motion carried. Resolution to approve a request for a Minor Site Plan Amendment by Prairie Rapids Square II, LLC to change a previously approved site plan to now remove four detached garages, each having six separate spaces, having a total of twenty-four separate garages, and now pave that area for twenty-nine outdoor parking spaces, located east of 3121 Kimball Avenue (AutoZone). Nichols/Boesen Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-405. Mr. Boesen commented on the esthetics and would like to see them keep the garages. James Kincaid, Developer's Engineer, commented on the decision to remove the covered parking stalls, sharing that they are not as desirable to potential tenants and are increasing the development cost. Mr. Simon questioned square footage of the units, pricing, and how it was determined that tenants would not want the covered spaces. James Kincaid commented that he would not want to misrepresent the developer's intent but could reach out and get answers to those questions. Mr. Simon commented that just down the street from this location there are boats parked in open spaces, and he is not in favor of open-space parking for multiple reasons. He is in favor of keeping the original agreement. Mayor Hart questioned how detrimental it is to the project. James Kincaid stated that the developer's decision was based on cost savings if the garages were pulled from the agreement. Page 16 of 17 Docusign Envelope ID:OOF41629-38EB-4A7D-B85B-C7012A773B32 Mr. Boesen clarified that the developer is likely trying to attract younger people who do not have kids who are looking for a small, more affordable apartment. CLOSED SESSION Closed Session on the purchase of real estate pursuant to Iowa Code Section 21.5(1)(0). Boesen/Nichols to adjourn to Executive Session at 7:22 p.m. Roll Call vote-Ayes: Five. Motion carried. ADJOURNMENT Nichols/Simon to adjourn Executive Session at 7:48 p.m. Roll Call vote-Ayes: Five. Motion carried. Nichols/Simon that the council adjourn at 7:48 p.m. Voice vote-Ayes: Five. Motion carried. Signed by: Kelley e c e City Clerk Page 17 of 17