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HomeMy WebLinkAbout03.02.2026_Council_Regular_Session_MinutesDocusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D March 2, 2026 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, March 2, 2026. Pre -Meeting Items Roll CaII. Mayor Dave Boesen in the Chair. Mr. Schmitt, Ms. Creighton -Smith, Ms. Berry, Mr. Salamanca, Mr. Martin and Mr. Simon. Prayer or Moment of Silence. Pledge of Allegiance, Belinda Creighton Smith, Ward 4 Council Member. Approval of Agenda as proposed or amended. Simon/Schmitt that the agenda as proposed, be approved. Voice vote -Ayes: Six. Motion carried. Approval of Minutes of the February 16, 2026, Regular Council Session as proposed or amended. Simon/Schmitt that the minutes of the January 20, 2026, Regular Session, as proposed, be approved. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA Simon/Schmitt that the following items on the consent agenda be received and placed on file, including the payment of bills for February 23, 2026, in the amount of $1,642,418.88 and March 2, 2026, in the amount of $2,137,421.49, be received and placed on file. Roll CaII vote -Ayes: Six. 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. 2026-069. Resolution setting date of public hearing as March 16, 2026, on the proposition of the issuance of not to exceed $4,000,000.00 General Obligation Bonds (ECP-1), for Essential Corporate Purposes, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2026-070. Resolution setting date of public hearing as March 16, 2026, on the proposition of the issuance Page 1 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D of not to exceed $969,149.00 General Obligation Bonds (GCP-2), for General Corporate Purposes, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2026-071. Resolution setting date of public hearing as March 16, 2026, on the proposition of the issuance of not to exceed $969,149.00 General Obligation Bonds (GCP-3), for General Corporate Purposes, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2026-072. Resolution setting date of public hearing as March 16, 2026, on the proposition of the issuance of not to exceed $969,149.00 General Obligation Bonds (GCP-4), for General Corporate Purposes, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2026-073. Resolution setting date of public hearing as March 16, 2026 to approve the submission of the Consolidated Annual Performance Evaluation Report to the U.S. Department of Housing and Urban Development. Resolution adopted and upon approval by Mayor assigned No. 2026-074. Resolution setting date of public hearing as March 16, 2026, to approve a request by 205 E. 4th, LLC, to designate 501 Sycamore Street as a locally designated historic landmark, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2026-075. Resolution setting date of public hearing as March 16, 2026, to approve the request by C&S Properties to rezone approximately 0.49 acres from "R-4" Multiple Residence District to "C-2" Commercial District located at 911 South Street and 519 W. 7th Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2026-076. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as March 19, 2026, and date of public hearing as April 6, 2026, in conjunction with the FY 2026 Levee Rip Rap Spraying Project, Contract No. 1150, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2026-077. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as March 26, 2026, and date of public hearing as April 6, 2026, in conjunction with the FY 2026 Asphalt Overlay Program, Contract No. 1143, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2026-078. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 9, 2026, and date of public hearing as April 20, 2026, in conjunction with the 2026 and 2027 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract for city -owned lots generally maintained by the Planning and Zoning Department, and Page 2 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2026-079. Resolution approving preliminary plans, specifications, form of contract, etc., and setting date of bid opening as March 19, 2026, and date of public hearing as April 6, 2026, in conjunction with the FY26-28 Complaint Mowing with Complaint Snow Removal Contract, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2026-080. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as March 26, 2026, and date of public hearing as April 6, 2026, in conjunction with the FY 2026 800 Block, Upton Avenue Sanitary and Water Main Extensions Project, Contract No. 1147, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2026-081. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Matt Construction Inc., of Sumner, Iowa, in the amount of $237,465.11, in conjunction with the FY 2025 South Hills Golf Course Maintenance Building, Contract No. 1130. Resolution adopted and upon approval by Mayor assigned No. 2026-082. Resolution approving acceptance of improvements to the North Crossing 3rd and 4th Additions, submitted by K. Cunningham Construction, LLC, of Cedar Falls, Iowa and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2026-083. Resolution approving award of hotel/motel tax council discretionary funds to the Waterloo Municipal Band in the amount of $25,000.00. Resolution adopted and upon approval by Mayor assigned No. 2026-084. Motion to approve Change Order No. 2 with Midwest Demolition Contractors Inc., of Walford, Iowa, for a net decrease of $8,425.00, for decreased scope of work for pavement to remain on property located at 310 Upland Drive, in conjunction with Demolition and Site Clearance Services, Contract D-2025-08-01 P, and authorizing the Mayor to execute said document. Motion to approve Application for Fireworks Display: Waterloo Bucks Ball Club, June 6 and 13, July 3, 4, 24, and 31, August 1, and 6, 2026, Riverfront Stadium, between 9:30 and 10:00 p.m. Motion to approve the appointment of Sue Card from the current Civil Service List to the position of Program Support Specialist in the Community Development department, effective March 3, 2026. Motion to approve the appointment of Samuel Hansen from the current Civil Service List to the Page 3 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D position of Golf Maintenance II in Leisure Services, effective March 9, 2026. Communication from the Fire Department on the notice of the conclusion of employment of Dwight Paul, Paramedic, effective February 3, 2026, with recommendation of approval of payout of $5,510.18 for unused benefits. Communication from the Fire Department on the notice of the conclusion of employment of James Kieler, Firefighter, effective February 3, 2026, with recommendation of approval of payout of $2,537.32 for unused benefits. Communication from the Leisure Services Department on the notice of the conclusion of employment of Lawrence Harms, Park Maintenance II Crew Leader, effective February 13, 2026, with recommendation of approval of payout of $1,563.33 for unused benefits. Communication from the Leisure Services Department on the notice of the conclusion of employment of Peter Steuben, Golf Maintenance II, effective February 2, 2026, with recommendation of approval of payout of $7,285.22 for unused benefits. Motion to receive and file Grout Museum funding reports of January 2026. Motion to receive and file Leisure Services Commission Board minutes of January 13, 2026. Motion to receive and file Airport Board minutes of January 21, 2026. Liquor Licenses Buzz's Bar, 1016 Maynard Avenue, Classd C w/Sunday Sales (Renewal) 03/14/2027. Jim Lind Service, 230 E. Ridgeway Avenue, Class C w/Sunday Sales (Renewal) 04/07/2027. Jim's Food, 437 Sullivan Avenue, Class E w/Sunday Sales (Renewal) 04/14/2027. El Patron Family Mixican Restaurant, 301 E. 4th Street, Class C w/Outdoor Service and Sunday Sales (Renewal) 02/28/2027. Maynard Mule, 1016 Maynard Avenue, Classd C w/Sunday Sales (New) 03/14/2027. Bonds. PUBLIC HEARINGS Page 4 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D Sale and conveyance of 718 W. 2nd Street to Iowa Heartland Habitat for Humanity in the amount of $1.00, and approval of a Development Agreement. Schmitt/Simon to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Schmitt/Simon to close the hearing. Voice vote -Ayes: Six. Motion carried. Schmitt/Simon Resolution authorizing the sale and conveyance of 718 W. 2nd Street to Iowa Heartland Habitat for Humanity in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-085. Schmitt/Simon Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for the construction of one single-family home located at 718 W. 2nd Street, with a $7,500.00 Infill Housing Grant, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-086. Request by the City of Waterloo to rezone approximately 1.25 acres from "M-1" Light Industrial District to "B-P" Business Park District located south of US Highway 218 and east of Black Hawk Creek, at the easterly dead end of Falls Avenue. Creighton-Smith/Simon to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. 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/Simon to close the hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Six. Motion carried. Creighton-Smith/Simon to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by the City of Waterloo to rezone approximately 1.25 acres from "M-1" Light Industrial District to "B-P" Business Park District located south of US Highway 218 and east of Black Hawk Creek, at the easterly dead end of Falls Avenue. Roll Call vote -Ayes: Six. Motion carried. Page 5 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D Creighton-Smith/Simon to suspend the rules. Roll Call vote -Ayes: Five. Nays: One (Schmitt). Motion failed. Mr. Schmitt questioned the timeliness. Noel Anderson, Community Planning and Development Director, explained that there are no active projects for this site, so there is no timeliness to this rezoning. RESOLUTIONS Resolution approving a Master Professional Services Agreement with Mead and Hunt, Inc., of Madison, Wisconsin, in conjunction with the upcoming Master Plan Project and other planning projects as needed, at costs to be determined, and authorizing the Mayor to execute said document. Simon/Schmitt Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-087. David Dryer, 3145 W. 4th Street, questioned why we are not hiring locally. Shelia Combs, Airport Business Manager, shared that the top three bidders were interviewed by a panel comprised of Airport Board members and staff members and Mead and Hunt stood out to the panel members. Forest Dillavou, 1725 Huntington Road, commented that the citizens have a right to know what the contractor is going to be getting paid and that it looks like a blank check. Shelia Combs explained that this is an FAA project paid ninety percent by the FAA and ten percent by the airport. She commented that the total cost is not yet available, but this is not a major project. She estimated that it could likely be around one hundred thousand dollars, and would be a FY27 project. Resolution approving a Professional Services Agreement with WHA, Inc., of Cedar Rapids, Iowa, in the amount of $44,902.80, in conjunction with the Broadway Street CMAQ Traffic Signals, Fiber Optic Installation, Broadway Street, US 63 north 4.2 miles to US Highway 218, and authorizing the Mayor to execute said document. Simon/Schmitt Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-088. Mr. Schmitt questioned if this has anything to do with the Waterloo Fiber utility. Safiah Elahi, Traffic Director, explained that this is a separate project and not connected with the Waterloo Fiber project. Mr. Simon questioned why the cost was the same for both items 2 and 3. Page 6 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D Safiah Elahi explained that the consultant based the cost estimates on their hourly fees and that both have ten intersections. Mr. Salamanca asked for a deeper explanation of why the cost is the same when it applies to two different intersections at two similar points within the city. Safiah Elahi provided additional information and explained that if costs are more than anticipated, it would have to be approved by the DOT and then be brought before council. Mr. Martin clarified what the consulting fees covered. Mayor Boesen commented that though both have the same number of intersections, one covers 4.2 miles and the other 2.7, so it is not clear why the cost is the same for both when one is 1.5 miles less. Safiah Elahi explained that when the consultant submits the forms to the DOT it is based on the amount of time they would spend on overseeing each project, not on the number of miles within the intersections. Resolution approving a Professional Services Agreement with WHA, Inc., of Cedar Rapids, Iowa, in the amount of $44,902.80, in conjunction with the Ansborough Avenue CMAQ, Traffic Signal Fiber Optic Installation from Downing Avenue south 2.7 miles to Fischer Drive, and authorizing the Mayor to execute said document. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-089. Resolution approving a Professional Services Agreement with the Iowa Department of Transportation, effective March 2, 2026, in the amount of $135.30 per month with an annual 2.5 percent automatic increase over the next five years, and authorizing the Mayor and City Clerk to execute said agreement. Berry/Schmitt Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-090. David Dryer, 3145 W. 4th Street, requested an overview of the item. Jamie Knutson, City Engineer, provided an overview of the item. Mayor Boesen questioned if this will be hooked in with the city's backbone system. Jamie Knutson shared that this has been discussed but is not yet set in stone. Resolution approving Supplemental Agreement No. 3, to a Professional Services Agreement with Foth Infrastructure and Environment, LLC, originally executed March 17, 2025, in an amount not to exceed $75,000.00, in conjunction with the FY 2026 Katoski Drive and Huntington Road Reconstruction, Contract No. 1123, and authorizing the Mayor to execute said document. Berry/Schmitt Page 7 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-091. Mr. Martin questioned if this was a joint expense with the new high school and if the city is paying the bill. Jamie Knutson, City Engineer, confirmed that the bill will be split. Mr. Schmitt questioned if this was a fifty-fifty split. Jamie Knutson commented that it is actually a fifty-two to forty-eight split and the city would pay for it upfront and the schools will reimburse their portion. Mr. Simon questioned if anything is in writing in regard to the cost splitting. Jamie Knutson commented that it is written in the agreement that council has approved previously based on the design and how it was going to eventually split out. As previously stated, until the city got into the design, they could not determine the end point of the Huntington and Katoski intersection, for instance, and that is why it is based on percentages not hard dollar amounts. Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with AECOM Technical Services, Inc., Waterloo, Iowa, in the amount of $273,700.00, in conjunction with the Virden Creek Dam and Fletcher Avenue Flood Closure Repair Analyses and Conceptual Design Report, and authorizing the Mayor to execute said document. Berry/Schmitt Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-092. Mr. Simon commented on the discrepancy in the cost of the project. Jamie Knutson, City Engineer, shared that these are two separate items and provided an overview of each project. Mr. Simon commented that it sounds like everything is dialed in, and we should not anticipate any additional supplemental agreements. Jamie Knutson commented that there will be additional agreements for construction when AECOM does the inspection. He further commented that he does not anticipate another supplemental agreement for design. However, that is dependent on whether the federal agency requires things that AECOM was not planning on. Mayor Boesen commented that this would be an expensive project. Resolution approving_ construction plans for sanitary sewer serving the San Marnan Business Park 1st Addition - Phase 2, as submitted by the Clapsaddle-Garber Associates, Inc., Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. Page 8 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D Salamanca/Berry Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-093. Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in the amount not to exceed $4,500.00 in conjunction with the Sergeant Road Trail Repairs , Contract No. 1091, and authorizing the Mayor and City Clerk to execute said document. Salamanca/Berry Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-094. Resolution approving Amendment No. 3 to a Professional Services Agreement with INVISION Architecture, for an increase of $380,000.00 for the renovation of 100 E. 4th Street for the new Waterloo City Hall, and authorizing the Mayor to execute said amendment. David Dryer, 3145 W. 4th Street, asked if this had anything to do with the rumor that there is not enough space at the new building for the Police Department. Rob Duncan, Police Chief, shared that most, if not all, of the police department would be housed in the new building except for the crime lab. Mr. Schmitt commented that he has heard many comments out in the community that this may not have been the best move and that it seems like this is not heading in the right direction. He asked if it was too late to take a step back and that it seemed like we would be losing efficiencies if we were spread out all over the city. He requested a high-level overview. Mayor Boesen commented that we are not spreading things all over the city, it is just our crime lab in conjunction with the Black Hawk County Sheriffs office. Noel Anderson, Community Planning and Development Director, provided an overview of the project and explained that the building is slightly smaller but with new design and construction, he believes we can operate more efficiently. Mayor Boesen shared that the hallways are not ADA compliant. Mr. Schmitt questioned if the city was aware of the shortcomings prior to entering into the project. Noel Anderson explained that these were some of the reasons a decision was made to compare the cost of repairs to the current city hall, or new construction, versus the numbers we are looking at for remodeling the new building. Mayor Boesen commented that quite a few years ago the cost to build a new city hall was about eighteen million dollars. Mr. Simon confirmed that we are way over budget with this than originally thought and questioned whose decision it was to enter into an agreement to sell the two buildings we are currently in and move to the new location. Page 9 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D Noel Anderson explained that it began with the mayor reviewing the building audit and existing issues. That led to a meeting with architects to get estimates, and ultimately it went to council for a vote. Mr. Simon who did the inspections and missed these things we are finding out. Noel Anderson shared that the first estimate from Invision to do the renovations was approximately five million and was later revised to include safety features and structural needs that no one was aware of. Mr. Salamanca shared questions and comments that he has received from citizens of Ward 5 regarding the continuing increase in the cost of this project. He asked if there was any way for council to postpone moving forward in order to reevaluate this while we are in the midst of budget talks so we can make the best decision for the citizens of Waterloo. Noel Anderson explained that if we decide not to move forward, there are a number of factors to consider. He said that if we did not move forward, we would need to figure out what the cost to repair and make modifications to the current city hall would be, and they believe that would be higher than moving to the other building. He further explained that this was set up as a property swap development deal and the property has already been traded and the six million dollar grant given. He added that as part of the agreement, the developer does have to invest that six million back into these two buildings. In order not to move forward, we would need to ask for the six million dollar grant funds back and give the buildings back. He said he does not believe the developer would accept that action. Mr. Salamanca shared his concerns and asked if there was any type of guarantee that could be given, that there is a cap on the project cost. Noel Anderson cited the Convention Center project as an example of how unknown factors can come to light that require the need for change orders and increase the cost. He shared that the architects are feeling fairly confident and next will be the bidding process, and we are hopeful we will get good bids that could lower the cost. Any change orders after the bid will need to come before council to approve. The council members continued to discuss the legal ramifications if this is not approved, and the impact on the budget if we continue to move forward. The council members continued to discuss the item with Noel Anderson. Ms. Creighton -Smith left the meeting at 6:40 p.m. Schmitt/Salamanca to table the item to March 16, 2026. Roll Call vote -Ayes: Three. Nays: Two (Berry and Martin) Motion carried. Resolution approving a Consent and Assignment of Ground Lease between the City of Waterloo, Waterloo Development Corporation and Farmers State Bank, for the new hardcourts facility, located at 205 W. Commercial Street, and authorizing the Mayor to execute said document. Page 10 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D Schmitt/Simon Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-095. Resolution approving a Tax Rebate Agreement with Iowa Heartland Community Investment Fund, LLC for unclaimed tax rebates on 301-311 E. 3rd Street, and authorizing the Mayor and City Clerk to execute said document. Schmitt/Simon Roll Call vote -Ayes: Four. Abstain: One. (Simon - business interest). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-096. Resolution approving an Assignment of Rebates and Waiver/Release to Iowa Heartland Community Investment Fund, LLC in conjunction with the Development Agreement with Black Hawk Contracting and Development dated February 17, 2014, for the property located at 301- 311 E. 3rd Street, and authorizing the Mayor and City Clerk to execute said document. Schmitt/Simon Roll Call vote -Ayes: Four. Abstain: One. (Simon - business interest). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-097. Mr. Schmitt questioned if Habitat for Humanity pays taxes on the properties that they own. Noel Anderson, Community Planning and Development Director, clarified that no taxes would be collected on Habitat's office buildings, however they would be collected on units they sell or rent. Mayor Boesen commented that Habitat would get the remaining tax credits of fifty -percent for four and a half years, and he compared this situation to Friendship Village duplexes. Mr. Simon questioned if we are bound to pass on the unclaimed tax credits. Noel Anderson shared that he does not believe the city is bound to pass the credits along. Resolution in support of an application by The Battery Building, LLC, for the Iowa Workforce Housing Tax Credit Program application to the Iowa Economic Development Authority, to construct up to nineteen new market -rate apartments, located at 217-219 W. 5th Street, including a grant of $600,000.00 and rebates of seventy percent for fifteen years, as approved by City Council by Resolution No. 2025-717, on December 15, 2025. Berry/Schmitt Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-098. David Dreyer, 3145 W. 4th Street, asked if we have so many homeless people that we need this many apartments because most people are asking for more single-family homes. Noel Anderson, Community Planning and Development Director, commented that items 13 and 14 are resolutions to support the developer to apply for tax credits and stated that the Development Agreements were already approved. Page 11 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D Ms. Berry confirmed there would be nineteen apartments. Noel Anderson confirmed. Ms. Berry concurred with Mr. Dreyer in that she would like to see us focus on more single- family housing. Mr. Schmitt asked if we had a ballpark figure of what defines the current market rate. Noel Anderson commented that he does not have that information handy, but he could get it to the council. Resolution in support of an application by The Battery Building, LLC, for the Iowa Historic Tax Credit Program application to the Iowa Economic Development Authority, to construct up to nineteen new market -rate apartments and main floor cafe and co -working space, located at 217-219 W. 5th Street, including a grant of $600,000.00, and tax rebates of fifteen years at seventy percent as approved by City Council by Resolution No. 2025-717, on December 15, 2025. Berry/Schmitt Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-099. Resolution approving an Acquisition Contract and accepting a Deed to sell real property to the City of Waterloo, with Tim Durham, Reginald Jones, and Henry Jones, in the amount of $213,760.00, for property located at 751 Glenwood Street, and authorizing the Mayor and City Clerk to execute said documents. Berry/Schmitt Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-100. David Dreyer, 1345 W. 4th Street, asked if this property was worth the amount of money to acquire them. Noel Anderson, Community Planning and Development Director, shared that the intention has been to acquire new properties near the Public Works facility to allow for future expansion. He explained that this is the assessed value placed by the assessor. Resolution approving a Development Agreement with Fifth Street Tire, LLC, with a Minimum Assessment Agreement of $567,660.00, and the CURA tax abatement, for the construction of a 2,808 square -foot addition at 500 W. 5th Street, and authorizing the Mayor and City Clerk to execute said document. Simon/Schmitt Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-101. Resolution granting a variance to the requirements of the Subdivision Ordinance in Section 11- 3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to the approval of the final plat of University Plat No. 1, a 2-lot commercial subdivision in the "B-P" Business Park District located Page 12 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D north of University Avenue and east of Black Hawk Creek, to allow approval of the Plat of Survey that does not meet all requirements for a preliminary and final plat. Simon/Schmitt Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-102. Resolution approving the request by the City of Waterloo for the final plat of University Plat No. 1, a 2-lot commercial subdivision in the "B-P" Business Park District located north of University Avenue and east of Black Hawk Creek. Simon/Schmitt Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-103. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to the approval of the Final Plat of University Plat No. 2, a 3-lot commercial and residential subdivision in the "C-2" Commercial District located west of 3345 University Avenue and 950 Sheerer Avenue, to allow approval of the Plat of Survey that does not meet all requirements for a preliminary and final plat. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-104. Resolution approving the request by the City of Waterloo for the Final Plat of University Plat No. 2, a 3-lot commercial and residential subdivision in the "C-2" Commercial District located west of 3345 University Avenue and 950 Sheerer Avenue. Martin/Simon Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-105. ORDINANCES Request by the City of Waterloo to vacate an approximately 72,145 square -foot platted easement located west and north of 2320 W. Airline Highway to allow for future development. Schmitt/Simon to receive, file, consider and pass for the second time an ordinance approving a request by the City of Waterloo to vacate an approximately 72,145 square -foot platted easement located west and north of 2320 West Airline Highway to allow for future development. Roll Call vote -Ayes: Five. Motion carried. Ordinance amending the City of Waterloo Traffic Code by un-reservinq Section 420 and adding a new Section 420, Approaching Certain Stationary Vehicles. Schmitt/Salamanca to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Traffic Code by un-reserving Section 420 and assigning a new Section 420, Approaching Certain Stationary Vehicles. Roll Call vote -Ayes: Five. Motion carried. Page 13 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D Renee Carson, 1108 Vine Street, requested an overview of the ordinance amendment. Rob Duncan, Chief of Police, commented that it mirrors the state code and explained how the move over law works. Ms. Berry asked if there would be some sort of public information about the traffic ordinance. Rob Duncan confirmed that they could do some public education. Ordinance amending the City of Waterloo Traffic Code by un-reserving Section 421 and adding a new Section 421, Use of Electronic Device while driving. Salamanca/Simon to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Traffic Code by un-reserving Section 421 and adding a new Section 421, Use of Electronic Device while driving. Roll Call vote -Ayes: Five. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Mayor Boesen shared that a constructive meeting was held last week with Mr. Sallis regarding his development, and we are revamping a brand new Development Agreement to see that we get those houses on that side of town. James Robison, 1555 Newell Street; Wayne Natham, 548 Cloverdale; Renae Carson, 1108 Vine; Aaron Stacey Roberts, 411 Almond; Becky Miller, Main Street Waterloo 512 Mulberry Street; David Dreyer, 3145 W. 4th Street Ms. Berry shared her thoughts on some of the comments that were made and asked that Ms. Creighton -Smith be contacted to discuss what happened this evening on her video connection. Mr. Schmitt commented that when he was on the council previously, it was said that a councilperson cannot leave in the middle of a meeting. He asked the City Clerk if we could establish a policy so that everyone is clear on the issue. Kelley Felchle, City Clerk, commented that she would look through the city code to see if it is addressed anywhere, and would speak with the City Attorney. Mr. Salamanca shared his thoughts on the decorum and accountability of council members to uphold the commitment we swore to keep to the citizens who elected us. ADJOURNMENT Simon/Schmitt that the council adjourn at 7:32 p.m. Voice vote -Ayes: Five. Motion carried. p—Signed by: felzat 'Keittyrbithle Page 14 of 15 Docusign Envelope ID: 45707B4B-42D4-4EEC-B3A6-246A0F471B9D City Clerk Page 15 of 15