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HomeMy WebLinkAbout12.15.2025 Council Regular Session MinutesDocusign Envelope ID: FE84A752-BD49-494D-BA1 D-0809F92CF30A December 15, 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, December 15, 2025. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Chiles, Mr. Simon, Ms. Wilder and Mr. Feuss. Prayer or Moment of Silence. Pledge of Allegiance, Nia Wilder, Ward 3 Council Member. Approval of Agenda as proposed or amended. Feuss/Nichols that the agenda as amended, Item No. 2 under Public Hearings, to remove the words,"up to $570,000.00 ($30,000 per unit), a grant of up to $95,000.00 ($5,000.00 per unit) for infill housing development for the addition of nineteen units" and replace with "$600,000.00" and remove Item No. 6, "Resolution approving a twenty -five-year Lease Agreement"; Remove Items No. 5, 6, and 17, under Resolutions, be approved. Voice vote -Ayes: Seven. Motion carried Approval of Minutes of the December 1, 2025, Regular Council Session, as proposed or amended. Feuss/Nichols that the minutes of the December 1, 2025, Regular Council Session, as proposed be approved. Voice vote -Ayes: Seven. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Memorial Hall Commission Members, Mel Wittwer, Randy Miller, David Grimm, Jim Lentfer and Heidi Warrington Sharina Sallis, 1427 Dearborn Ave.; Lori Dale, 1228 Independence Ave.; Willie Mae Wright, 327 Almond St.; LaTonya Graves, 607 E. Donald St.; Vickie Brown, 437 Charles St.; Debra Berry, Councilwoman Elect; Aaron Stacey Roberts, 411 Almond St.; Charles Daniel, 1461 Audubon Dr.; Cassandra Hart, 1940 Falcon Ridge; Beverly Cosby, 315 Wendell Ct.; Beau Bish Fuess/Wilder to recess at 6:08 p.m. Feuww/Wilder to reconvene at 6:10 p.m. Presentation of awards for Ray Feuss, Rob Nichols, Nia Wilder, and John Chiles, for their service as city council members. Page 1 of 11 Docusign Envelope ID: FE84A752-BD49-494D-BA1 D-0809F92CF30A Feuss/Wilder to close public comment. Voice vote -Ayes: Seven. 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 December 8, 2025, in the amount of $2,130,686.52, and December 15, 2025, in the amount of $4,239,640.19, be received and placed on file. Roll Call vote -Ayes: Seven. 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. 2025-708. Resolution setting the date of hearing as January 5, 2026 approving a 99 year ground lease agreement with Waterloo Development Corporation for property located next to 250 Westfield Avenue, related to the Hardcourts development, and authorize City Clerk publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-709. Resolution authorizing the City Clerk to certify against property located at 508 Hope Avenue, Waterloo, Iowa, in the amount of $6,015.03, for unpaid Sewer, Storm Water, and Garbage Fees. Resolution adopted and upon approval by Mayor assigned No. 2025-710. Resolution approving award of hotel/motel tax council discretionary funds to the Waterloo Community Foundation for Waterloo Youth City Council in the amount of $25,000.00. Resolution adopted and upon approval by Mayor assigned No. 2025-711. Resolution approving a twelve-month extension with Lumen for internet circuit for phone lines at City Hall, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2025-712. Resolution approving Pay Application No.16 in the amount of $307,715.25, approving the completion of project and recommendation of acceptance of work and work performed by WRH, Inc, in conjunction with the Titus Lift Station and Force Main Project, and authorizing the Project Manager to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2025-713. Motion to approve Final Quantity Summary with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $39,825.00, in conjunction with the FY 2026 Airport Fence Relocation Project, Contract No. 1133, _ and authorizing the Mayor and City Clerk to execute said document. Resolution approving Completion of Project and Recommendation of Acceptance of Work for Page 2 of 11 Docusign Envelope ID: FE84A752-BD49-494D-BA1 D-0809F92CF30A work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $396,535.03, in conjunction with the FY 2026 Airport Fence Relocation Project, Contract No. 1133, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2025-714. Scott Wienands, Board/Commission: Water Works, Expiration Date: December 15, 2031, IRenewal]. Liquor Licenses Club Ambassador, 313 W. 5th Street, Class C w/Sunday Sales (Renewal) 12/15/2026. Dollar General #20584, 1650 Idaho Street, Class B w/Sunday Sales (Renewal)11/06/2026. Dollar General #7136, 66 East Tower Park Drive, Class B w/Sunday Sales (Renewal) 08/21/2026. Kwik Star #380, 506 W. 9th Street, Class B w/Sunday Sales (Renewal) 11/18/2026. Kwik Star #380, 506 W. 9th Street, Class B w/Sunday Sales (Premises Updates) 11/18/2026. PUBLIC HEARINGS Sale and conveyance of 1.04 acres of land east of 2123 Commercial Street to R&M Metals Properties,LLC, in the amount of $4,678.96. Nichols/Feuss to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Feuss to close hearing. Voice vote -Ayes: Seven. Motion carried. Nichols/Feuss Resolution authorizing the sale and conveyance of 1.04 acres of City -owned property located east of 2123 Commercial Street to R&M Metals Properties, LLC, in the amount of $4,678.96, subject to the retention of a sanitary sewer easement over a portion of said property, 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. 2025-715. Sale and conveyance of 217-221 W. 5th Street to The Battery Building, LLC, in the amount of $1.00. Feuss/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. Page 3 of 11 Docusign Envelope ID: FE84A752-BD49-494D-BA1 D-0809F92CF30A This being the time and place of the public hearing, the Mayor called for written and oral comments. Representatives of The Battery Building, LLC, provided a presentation of the development proposal. Feuss/Nichols to close hearing and receive and file oral comments. Voice vote -Ayes: Seven. Motion carried. Feuss/Nichols Resolution authorizing the sale and conveyance of 217-221 W. 5th Street to The Battery Building, LLC, in the amount of $1.00, for the approximate $6.63 million rehabilitation of an approximately 16,700 square -foot three-story building, into residential and commercial space, 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. 2025- 716. Mr. Boesen questioned if it is common that the city would assume liability during emergency repairs; the plan for parking and the disbursement of grant funds. Noel Anderson, Community Planning and Development Director, provided clarification on liability, and explained the potential for parking options and the process of grant disbursement. Mr. Simon commented that he suspects that the cost of repairs will end up being higher. Feuss/Nichols Resolution approving a Development Agreement with The Battery Building, LLC, including reimbursement of Phase 1 emergency repairs up to $259,315, with a grant of $600,000.00 up housing development for the addition of nineteen units, and tax rebates of 15 years at 70%, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-717. Sale and conveyance of approximately twelve -acres of city -owned property in the amount of $1.00 to Wahawk Power, LLC. Wilder/Feuss to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Wilder/Feuss to close hearing. Voice vote -Ayes: Seven. Motion carried. Wilder/Feuss Resolution approving the sale and conveyance of city -owned property located north of 570 West Shaulis Road, to Wahawk Power, 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. Page 4 of 11 Docusign Envelope ID: FE84A752-BD49-494D-BA1 D-0809F92CF30A Resolution adopted and upon approval by Mayor assigned No. 2025-718. Mr. Boesen questioned the daily water usage and how waste would be treated. Jamie Knutson, City Engineer, explained that he could provide that information after he returns to his office to view the information he received. Michael Marcotte, Wahawk Power, explained that typically you would expect it to be anywhere between 43,000 to 230,000 gallons depending on the cooling system. He provided information on the treatment of waste. Wilder/Feuss Resolution approving a Development and Minimum Assessment Agreement with Wahawk Power, LLC, for the construction of a new 80,000-square-foot data center, with an accessory water treatment area and substation, with a minimum assessed value of $6,000,000.00 and tax rebates of ten years at fifty percent, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-719. Sale and conveyance of approximately 4.22 acres of city -owned property, located southeast of 180 Warp Drive in the amount of $1.00, to RNK Investments, LLC. Boesen/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Nichols to close hearing. Voice vote -Ayes: Seven. Motion carried. Boesen/Nichols Resolution approving the sale and conveyance of city -owned property located southeast of 180 Warp Drive, to RNK Investments, 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. Resolution adopted and upon approval by Mayor assigned No. 2025-720. Boesen/Nichols Resolution approving a Development and Minimum Assessment Agreement with RNK Investments, LLC, for the construction of a new 12,000-square-foot commercial building, and a future 12,000-square-foot expansion, with an approximate value of $1,500,000.00, and tax relates of five -years at fifty percent, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-721. Site Plan Amendment by RNK Investments, LLC, for the construction of a 12,000-square-foot commercial building, and a future 12,000-square-foot expansion, located in the "M-2,P" Planned Industrial District located northeast of 4050 Leversee Road. Creighton-Smith/Wilder Page 5 of 11 Docusign Envelope ID: FE84A752-BD49-494D-BA1 D-0809F92CF30A 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. Creighton-Smith/Wilder to close public hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried. Creighton-Smith/Wilder to receive, file, consider and pass for the first time an ordinance amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment request by RNK Investments, LLC, for the construction of a 12,000-square-foot commercial building, and a future 12,000- square-foot expansion, located in the "B-P" Business Park District located northeast of 4050 Leversee Road. Roll Call vote -Ayes: Seven. Motion carried. Creighton-Smith/Wilder to suspend the rules. Roll Call vote -Ayes: Seven. Motion carried. Creighton-Smith/Wilder to consider and pass for the second and third times and adopt the ordinance. Roll Call vote - Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5820. Twenty -five-year Lease Agreement with an option for a ten-year renewal, with 205 E. 4th, LLC, to lease/manage the Park Avenue Parking Ramp, located at 310 E. Park Avenue. Feuss/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Feuss/Wilder to close hearing. Voice vote -Ayes: Seven. Motion carried. Resolution approving a twenty -five-year Lease Agreement with an option for a ten-year renewal, with 205 E. 4th, LLC, to lease/manage the Park Avenue Parking Ramp, located at 310 E. Park Avenue, and authorizing the Mayor and City Clerk to execute said document. Noel Anderson, Community Planning and Development Director, explained that the agreement is not yet finalized and they would like to postpone the action until the January 5, 2026 meeting. RESOLUTIONS Resolution approving a three-year agreement with Revize, LLC, for Web Content Accessibility Page 6 of 11 Docusign Envelope ID: FE84A752-BD49-494D-BA1D-0809F92CF30A Guidelines Compliance and Remediation Services in the amount of $3,000.00 per year with an opt out option after one year, and authorizing the Mayor to execute said document. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-722. Resolution approving wages and insurance for years four and five of the 2023-2028 Collective Bargaining Agreement with Waterloo Police Protective Association and International Association of Firefighters Local No. 66, and authorizing the Mayor and Human Resources Director to execute said documents. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-723. Resolution approving a revised fee schedule to increase fee for Required Satellite Sites for Recycling and Yard Waste Collection from $5.00 per month to $6.00 per month. Mr. Boesen questioned if the fee schedule could be revised for a stepped increase to lessen the impact on taxpayers. Sheila Steffen, Public Works Coordinator, explained that Randy Bennett and Scott Brunson had reviewed the numbers and proposed the $1.00 increment, but they did not indicate if a lesser amount would cover the deficit. She commented that she would bring the request back to them for their consideration if council would like to table the item. Boesen/Simon to table the item for the January 5, 2026, meeting. Roll Call -vote: Ayes. Five. Nays: Two (Creighton -Smith and Wilder). Motion carried. Resolution approving Supplemental Agreement No. 8 with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $150,000.00, in conjunction with the Planning and Engineering Services Agreement originally executed on September 8, 2015, and authorizing the Mayor to execute said document. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-724. Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $1,140,000.00, in conjunction with the Sanitary Sewer Improvements FY 2026 CIPP Phase VA Project Professional Services Agreement originally executed November 18, 2024, and authorizing the Mayor to execute said document. This item was tabled until the January 5, 2026 meeting, by amendment. Resolution approving a long-term Ground Lease Agreement with Grand Husk Solar of approximately 759 acres of Airport -owned property, in the amount of $50.00 per acre upon signing, $50.00 per acre per year through the development term, $350.00 per acre per year through the construction term, and $1,400.00 per acre per year through the production term, and authorizing the Mayor and City Clerk to execute said documents. Page 7 of 11 Docusign Envelope ID: FE84A752-BD49-494D-BA1 D-0809F92CF30A This item was tabled until the January 5, 2026 meeting, by amendment. Resolution approving dedication of a permanent ingress/egress access easement by the City of Waterloo, on City property located between 700 and 714 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project. Wilder/Creighton-Smith Roll CaII vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-725. Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity, for the construction of one new single-family home located to the south of 210 Norimer Street, including an infill housing grant of $7,500.00, and authorizing the Mayor and City Clerk to execute said documents. Wilder/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-726. Resolution accepting and approving an Acquisition Contract and approving a Deed to convey real property to the City of Waterloo for a partial right-of-way acquisition in the amount of $5,226.00; a Permanent Easement Agreement in the amount of $7,416.00; and a Temporary Easement Agreement in the amount of $358.00, for a total compensation amount of $13,000.00, with La Porte RE, LLC, for the property located at 1328 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the Mayor and City Clerk to execute said documents. Feuss/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-727. Resolution accepting and approving an Acquisition Contract and approving a Deed to convey real property to the City of Waterloo for a partial right-of-way acquisition in the amount of $35,653.00; a Permanent Easement Agreement in the amount of $1,550.00; and a Temporary Easement Agreement in the amount of $663.00, for a total compensation amount of $37,866.00, with McDonald's Corporation, for the property located at 1709 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the Mayor and City Clerk to execute said documents. Feuss/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-728. Resolution approving a Permanent Easement Agreement in the amount of $20,000.00, with Ruthanne E. Rooff, located at 1525 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the Mayor and City Clerk to execute said document. Feuss/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-729. Page 8 of 11 Docusign Envelope ID: FE84A752-BD49-494D-BA1 D-0809F92CF30A Resolution accepting and approving an Acquisition Contract and approving a Deed to convey real property to the City of Waterloo for a partial right-of-way acquisition in the amount of $624.00; a Permanent Easement Agreement in the amount of $11,288.00, for a total compensation amount of $11,912.00, with CRV, Inc., for the property located at 1607 and 1621 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the Mayor and City Clerk to execute said documents. Feuss/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-730. Resolution approving an Amendment to a Development Agreement originally approved November 20, 2023, with The Martin Flats, LLC, for the rehabilitation of 319 E. 4th Street into commercial and residential space, changing the completion date to March 6, 2026, and authorizing the Mayor and City Clerk to execute said document. Boesen/Nichols Roll Call vote -Ayes: Six. Abstain: One (Wilder for business related). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-731. Resolution approving an Amendment to the Development Agreement with Dhani RE Investments, LLC, originally approved on July 7, 2025, regarding property located at 512 North Barclay, to change the purchase price of the property from $15,000.00 to $5,000.00, and authorizing the Mayor and City Clerk to execute said document. Boesen/Nichols Roll Call vote -Ayes: None. Nays: Seven. Motion failed. Resolution No. 2025-732. Noel Anderson, Community Planning and Development Director, shared that the developer would like to withdraw his request, and will honor his original proposal. Resolution approving a Temporary Easement Agreement in the amount of $2,156.00; removal of 36.8 square -yards of asphalt paving, in the amount of $2,723.00, for a total compensation amount of $4,882.00, with Robert C. Krogh, located at 810 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the 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. 2025-733. Resolution accepting and approving an Acquisition Contract and approving a Deed to convey real property to the City of Waterloo for a partial right-of-way acquisition in the amount of $654.00, and a Temporary Easement Agreement in the amount of $584.00, for a total compensation amount of $1,238.00, with The Bowlers Group II, LLC, for the property located at 650 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project; and authorizing the Mayor and City Clerk to execute said documents. Boesen/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-734. Page 9 of 11 Docusign Envelope ID: FE84A752-BD49-494D-BA1 D-0809F92CF30A Resolution with HAA, LLC for the rehabilitation and restoration of 608 Jefferson Street, having a minimum assessed value of $614,640.00, including a Development and Minimum Assessment Agreement with a rebate schedule of fifteen -years at seventy percent, and a $60,000.00 grant each for substantial completion of Phases I and II, totaling $120,000.00, and authorizing the Mayor and City Clerk to execute said document. This item was removed by amendment. Resolution approving an amendment to the Development Agreement with KL Properties, LLC for tax rebates of eighty percent for years one and two, seventy-five percent for year three, and sixty percent for year four, on substantially completed improvements located at 3151 Titan Trail, and authorizing the Mayor and City Clerk to execute said document. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-735. Resolution approving a Development Agreement with Markkey Investments, LLC for tax rebates of four years at fifty percent, on substantially completed improvements located at 3135 Titan Trail, and authorizing the Mayor and City Clerk to execute said document. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-736 Resolution approving and accepting an Acquisition Contract with Hi Yield,LLC to sell real property to the City of Waterloo for development of the area, in the amount of $18,080.00, located to the northeast of 105 E. 9th Street, and authorizing the Mayor and City Clerk to execute said documents. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-737. ORDINANCES Amended and Restated South Waterloo Unified Urban Renewal and Redevelopment Plan. Feuss/Wilder to consider and pass for the third time and adopt an ordinance providing that the general property taxes levied and collected each year on all property located within the newly described Amended and Restated South Waterloo Unified Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. Roll Call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5821. ADJOURNMENT Page 10 of 11 Docusign Envelope ID: FE84A752-BD49-494D-BA1 D-0809F92CF30A that the council adjourn at 7:07 p.m. Voice vote -Ayes: Seven. Motion carried. ,-Signed by: f `ITelreyreicnle City Clerk Page 11 of 11