City Council - Regular Meeting

everybody to the Waterl City Council regular council meeting on Monday, March 2nd. Uh, roll call, please. Mr. Schmidt, here. Miss Kraton Smith. She's muted still. I see her on here. All righty. Miss Barry present. Mr. Salamanca here. Mr. Martin here. Mr. Simon here.

Okay. For we'd like to uh take a take this time to uh observe a moment of silence, prayer, reflection, whatever uh is in your heart. Thank you. The pledge of allegiance tonight uh is assigned uh to uh Missraton Smith. Miss Kraton Smith, would you like to lead it from Zoom since you're kind of laid up or would you like one of us to lead it? I'm okay with deleting it, but from Zoom. Well, then please everyone please stand.

After you, ma'am. Please join me for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. [clears throat] Thank you very much, Mr. Mayor. Mr. Simon, I would like to make a motion to approve the agenda as proposed as well as the approval of the minutes from February 16th, 2026 regular council session as proposed. Second. Have a motion to second.

All in favor? I oppose. Same sign. Motion carried. Okay, Mr. Mayor. Mr. Simon, I'd like to make a motion to approve the consent agenda with the addition of bill payments of from February 23rd, 2026 in the amount of 1,642,418.88 as well as the Monday, March 2nd, 2026 in the amount of 2,137,42149. Second motion to second for the consent agenda. That's a roll call. Correct. Roll call vote, please. Mr. Schmidt, yes. Miss Kraton Smith, yes. Miss Barry, yes. Mr. Salamanca, yes. Mr. Martin,

yes. And Mr. Simon, yes.

Thank you. Um, we have some appointments that were on the consent agenda. Sue Card was appointed uh become a program specialist community development department. Uh, effective March 3rd. Samuel Hansen from the civil service list position of golf maintenance to the leader services department on March 9th. There's either one in the audience today. Not seeing anyone. I want to thank them for their commitment to the city of Wateroo. And we've had a we've had some retirements. I we don't usually announce them, but Dwight Paul from the fire department uh retirements or resignations. James Keeler from the fire department. Uh Lawrence Harms from from the leisure services. and uh Peter Stuben from leisure services and I want to thank these people for their commitment and dedication to the city of Wateroo. Thank you. Uh public hearings, Mr. Mayor.

Yes, sir. like to take the first public hearing and that is for a motion to receive and file proof of publication of the notice of public hearing and that's for the sale and conveyance of 718 West 2nd Street to the Iowa Hartland Habitat for Humanity in the amount of $1 and approve approval of a development agreement. Second. Second. There's been a motion and second. All in favor? I. All opposed? I The hearing is now open. Does anyone in the audience like to speak for or against this item on the agenda? Seeing no one, Mr. Schmidt. Mr. Mayor, I make a motion to close the hearing and receive and file any written comments. Second.

Second. Motion and a second. All in favor? I opposed. I Mr. May I'd like to make a resolution authorizing the sale and conveyance of 718 West 2nd Street to Iowa Heartland Habitat for Humanity in the amount of $1 and authorizing the mayor and city clerk to execute said documents. Second. Second. Motion and a second. Council, do you have any questions regarding this? Excellent. Hearing and seeing none. Roll call vote, please. Mr. Schmidt, yes. Miss Graten Smith, yes. Miss Barry, yes. Mr. Salamanca, yes. Mr. Martin, yes. And Mr. Simon, yes. Mr. Schmidt.

Mr. Mayor, I'd like to make a resolution and approving a development agreement with Iowa Heartland Habitat for Humanity for the construction of one single family home located at 718 West 2nd Street for the $7,500 infill housing grant and authorizing the mayor and city clerk to exe execute said document. Second. A motion to second. Roll call vote, please. Mr. Smith, yes. Miss Granton Smith, yes. Miss Barry, yes. Mr. Salamanca, yes. Mr. Martin, yes. And Mr. Simon, yes. Who would like to take resolution number two? [clears throat]

Don't everybody jump up at once? Yes, ma'am. Okay. I move to receive and file proof of public hearing of notice for the request by the city of Wateroo to reszone approximately 1.25 25 acres from M1 Light Industrial District to BP business park district located south of US Highway 218 and east of Blackhawk Creek at the easterly dead end of Falls Avenue. Second motion in a second. All in favor? I I oppose. I The hearing is now open. Would anybody like to from the audience like to speak for or against this item on the agenda?

Seeing none, Miss Kraton Smith. Mr. Mayor. Yes, ma'am. I move to close public hearing. Well, there's there's there's quite a bit left, ma'am. Oh, I didn't know that we had people coming. No, ma'am. We have anyone up? Motion to close the hearing and receive and file oral comments and recommendation approval of the planning programming and zoning commission. Okay. Okay. Motion to close the hearing and receive and file oral and written comments and recommendations of approval of the planning programming and zoning commission. Second. Second. Motion a second. All in favor? I oppose. Same sign.

I miss Kraton Smith. All right. Motion to receive, file, and consider and pass for the first time an ordinance amending ordinance number 5079 as amended. City of Waterl zoning ordinance by amending the official zoning map referred to in section 10-4-4 approving a request by the city of Wateroo to reszone approximately 1.25 25 acres from M1 Light Industrial District to BP business park district located south of US 218 east of Blackhawk Creek at the east dead end of Falls Avenue.

Second motion to second. Council, does anyone on the council have any questions or concerns about this item? Seeing none, roll call vote, please. Mr. Smith, yes. Miss Kraton Smith. Yes. Miss Barry. Yes. Mr. Salamoka? Yes. Mr. Martin? Yes. And Mr. Simon? Yes. Miss Kraton Smith? Yes. Mr. Mayor, I move that we suspend the rules. Second. There's motion in a second to suspend the rules. Roll call vote, please. [cough] Mr. May. [clears throat] Uh, Mr. Schmidt. Time is Mr. Anderson. [snorts]

N Anderson, community planning development director. We do not have any active projects for the site, so there's no timeliness to the resoning. Anything else, sir? Mr. Schmidt. Anything else, sir? Oh, very good. Roll call vote, ma'am. All right, Mr. Schmidt. No. [snorts] Miss Greatton Smith? Yes. Miss Barry? Yes. Mr. Salamanca? Yes. Mr. Martin? Yes. And Mr. Simon? Yes. And that passes. Miss Greatton Smith. Mr. Mayor. Sorry. I move to Wait, wait, ma'am. Hold up. That fails, Mr. Oh, that's right. We have two. I Well, you're right. I apologize. We I I apologize, but that that fails. We'll move on.

Oh, I I uh with with the vacant wo seat, one vote, no. Uh it failed. Okay. Thank you. Apologize for that, ma'am. Uh resolutions. Who'd like to take one, two, and three? Mr. Mayor, Mr. Simon

like to make a motion to uh receive the resolution approving a master professional services agreement with me and Hunt Incorporated of Madison, Wisconsin in conjunction with the upcoming master plan project and other planning projects as needed at cost to be determined and authorizing the mayor to execute set documents. Two is a resolution approving a professional service agreement with WHA Incorporated of Cedar Rapids, Iowa in the amount of $44,92.80 80 cents in conjunction with broad Broadway Broadway Street CMQ traffic signals fiber optic installation Broadway Street US63 North 4.2 miles to US Highway 218 and authorizing the mayor to execute said documents. And number three is a resolution approving a professional service agreement with WHA Incorporated of Cedar Rapids, Iowa in the amount of $44,92.80 90 cents in conjunction with the Ainsboro Avenue CMAQ traffic signal fiber optic installation in Downing Avenue South 2.7 miles to Fiser Drive and authorizing the mayor to execute said document.

Second motion is a second. Uh does anyone from the audience wish to speak to resolutions one, two, and three? Mr. David Dryer, 3145 West 4 Street. Yes, sir. Uh, on number one, I've seen this a lot where we hire somebody from out of state. Don't we have anybody in the state or in the city or the Cedar Valley that could do this and we keep going out of state all the time? I'd like to see the money stay around here. Oh, yeah. The secretary's here. [snorts]

Sheila Combmes, airport business manager. Um, when we put this out for bid, we received, I think, five. We interviewed the top three based on a panel of board members and airport staff and Meden Hunt just stood out to all of the members of the panel. There was maybe one or two from the state of Iowa that had submitted.

Thank you, ma'am. Forest Dillu, 1725 Huntington Road. Number one does not look right to me. We are giving a contractor somebody or hiring them. We have no idea what we're going to pay them. We don't have any idea what we're going to do. I think the citizens of Wateroo have a right to know what they're doing and what they're getting paid. This looks like a blank check to me. Thank you. Thank you. If it's not, please explain it. Thank you, sir. She's coming up to explain. I have to state my name again.

No, ma'am. Okay. This will be um an FAA project and it will be paid 90% by the FAA, 10% city match or airport match. And probably I'm guessing an master plan would be the idea 100,000 maybe. We got We need to have you speak in the mic. I was just looking for some guidance. Um it'll just we don't have the cost yet, but it won't be a million-doll major project. Anything. Okay. But it it is a 9010.

It's a 9010. Yes. And it's a 2027 project. So, we don't know at this time how much it's going to be. We're still on public comments that we're good. Thank you. Does anyone else have it have u to speak to one, two, or three? Mr. Mayor Council. Yes, Mr. Just a quick question. Two and three. Um I assume that that has nothing to do with Waterl Fiber and everything they're doing in conjunction with our traffic signals and cameras and all part of that. Is that correct? Well, please come to the mic. I'm sorry.

Safia, traffic operations director. Um, you're correct. Um, these are separate projects. Um, they are for traffic adaptive projects. Um it includes taking fiber to um 10 different approximately 10 intersections on both projects, but they are not connected to fiber project. So we're not being redundant. No. Okay. All right. Thank you. Oh, stay there. Does anybody else have any questions about two or three? Mr. M, please. So is it it's a coincidence that the number is the same and that's just an estimate, correct? That's why you come up with the exact same number, the 44,910.

Um, the consultant came up with that number and they assume they went through their both projects and they're approximately 10 intersection both projects. So, um, they put in the hours they assume they're going to work on. So, it just so happened to be they were both 10 and just that's the estimate. Okay. Anybody else have questions? Mr. Mayor, Mr. Salamanca, can you explain to Can you explain go a little deeper as to what that means? Because it does seem kind of off that

it's two different intersections. It's two different parts of the city, but yet the price is coming out the same. So either are they is the expectation that they're going to do this work and then they're going to come back and request more funding or what's all that's going into

both prices being the same? So the consultant um sorry um they will be uh taking care of uh managing day-to-day um expectation and um visiting sites and making sure all the um the price the timing um is all within what it's supposed to be as well as um if the uh projects being built to specs. So, um, this is the time they're going to travel from Cedar Rapids, visit, do site visits, and making sure everything's on track. So, um, the projects are quite similar with the same amount of intersection. So,

so then it's So, from my understanding, [cough and clears throat] part of the consultants fees for travel is covered into this then. Um that's just they do hourly fees and um and they're expecting it to be roughly the same hourly fee for both projects. Yep.

And then if by happen chance that they seem to spend more time on one project versus the other, will you have to come before council to request uh additional approval or how does that look like or is that part of the conversation that you're having with the consultants? Um, so we have sent their times and amount that they're charging to um, the DOT and the DOT agreed with this and so um, if they do have any changes, it would have to be approved by the DOT. It would go to the DOT then we'd bring it back to the council. Um, yeah. So, okay. Thank you, Mr. Mayor. Mr. Martin.

Okay. I'm not done by any means, but consulting fee means they came in and told us this is what their estimated time of frame of what we're going to be doing, right? Yes. That's what a consulting fee is, right? Yeah. Okay. It's great. And Smith, do you have any questions? No. Okay. It's just going to clear up as well that they came for Yeah. Rather,

my my question for for you, ma'am, is that we're at the same fee, $44,92.80. 80 cents for for Hannesboro and for for Broadway. But one's 4.2 miles in 10 intersections and one's 2.7 miles in 10 intersections. I I don't see it's apples to apples when we're doing 1.3 miles 1.5 miles less and it's the same charge for the same amount of intersections.

Yeah. Um I understand that. Uh so when they have to submit a form to the DOT, it doesn't matter how long the hours are. The forms take the same amount of time for both. They're the same exact form just with different location and different amount of um I guess time that they spent. But um they're basically consultants that overlook the project and they have to um submit the forms to DOT and I guess they're kind of similar. So um the consultant uh they came up with the time and the fees that they thought they would spend on both projects. So

yeah, that that's that's that's the problem I'm trying to grasp is that it's 1.5 miles less. They're not doing any construction work. I understand that. But they're but [snorts] it's okay. All right. They're basically consulting on 10 intersections. Yes. Okay. Yes. Well, that answered that question then. Thank you. All right. Uh roll call vote on one, two, and three. Mr. Smith. Yes. Miss Grant Smith. Yes. Miss Barry. Yes, Mr. Salamanca. Yep. Mr. Martin. Yes. And Mr. Simon. Yes. All right. Thank you. Who would like to take four, five, and six? Mr. Mayor, Miss Barry.

Resolution approving a professional service agreement with the Iowa Department of Transportation effective March 2nd, 2026 in the amount of $135.30 30 cents per month with an annual 2.5% automotive, excuse me, automatic increase over the next five years and authorizing the mayor and city clerk to execute that document. Number five, a resolution approving supplemental agreement number three to a professional service agreement with FA Infrastructure and Environment LLC originally executed March 17th, 2025 in the amount not to exceed $75,000 in conjunction with the fiscal year 2026 Kataski Drive and Huntington Road reconstruction contract number 1123 and authorizing the mayor to execute said document and resolution six approving supplemental agreement number one to a professional service agreement with Acon Technical Services Inc. Waterl Iowa in the amount of $273,700 in conjunction with the Verden Creek Dam and Fletcher Avenue flood closure repair analysis and conceptual design report and authorizing the mayor to execute said document. Second.

Second. Got a motion. Second. Does uh anyone from the audience wish to address items four, five, and six? Please come to the podium and state your name and address, please.

David Dryer, 3145 West Four Street. Uh number four, what's that for? The other two are given an explanation of of locations, but it's just like a blank check or what what are they what's it about? What's the agreement? Jamie Kudson, city engineer. Um, so the DOT years ago when they installed the overpass over the railroad on 63 North as part of that project, they were had to end up putting in a small lift station of their own. The IDOT owns it. It then pumps water into one of our lift stations and continues it on down the down the river to Verden Creek and out to the Cedar River. The DOT does not have any experience maintaining public stations. So, they asked us to come if the city would be willing to um do the inspection, the maintenance, and what you have before you is an agreement between the C city and the DOT. The city will charge the DOT $13530 per month to go out and check the lift station uh periodically. If there are items that need maintenance, um if our folks can or our waste management services, if they can do it, they will do it and then they will charge the DOT back if it gets to the point where it's more than they can handle, they'll turn it over to the DOT and let them deal with it. So, we have staff here in town that is going out to that location. It's out on 63. It's by the Edward. We They go out there regardless to go look at the Edward Street lift station. There's a sanitary lift station right there and the DOT's lift station is right in between it. So, they're already going out there to ours. They're picking up one extra thing and they're getting going to charge the DOT for it.

I just had a quick question. as long as you're standing there and I know it's still public comments. Is this going to get hooked into our backbone like our other lift station is? So, if there's a problem, we're going to get early notification. We haven't tal we've we've talked about that. We haven't. The answer is I would think we would, but we don't know what exactly they have for equipment down there. So, I don't want to speak on Ry's behalf, but it's something we would certainly look at to make their lives easier. that it's a pretty simple. It's a you can think of it as a glorified sump pump as what's out there. So, it's not as automated and as as difficult to maintain as our other lift stations.

Very good. Does anybody else from the audience have any questions about four, five, and six? Council, do you have questions on four, five, and six? Mr. Mayor, Mr. Martin, I have a question about number five. Is that in conjunction with the new school? Is that correct? Are we fit footing in that bill or is that a be split? Yes, it'll be split. Thank you. Anybody else? Mr. Smith, you have a question.

Mr. Mayor, following up on that and you know, I'm kind of new to this discussion about the new high school. Is that is that kind of how we've been doing anything else with [snorts] traffic projects out there? Because I know there either have been or there going to be a number of them. Uh the the split on that is you said I think I heard you say 50/50. It's pretty close. It's about 52.48, but it's it's basically the school's paying for a portion, the city's paying for a portion. And actually, we're we are paying for all of it up front and then we'll reimburse or get reimbursed from the schools for their portion. I mean, I understand it's at the end of the day, it's water taxpayers whether it's going to the schools or going to the city, but it's not our project. Correct. Yeah. So, Okay. All right. Thank you,

Mr. Mayor. Mr. S. So, I've had this discussion with you before as far as splitting the bill with the schools on the construction of the area surrounding the new school area. Um, I I still don't know if we have anything set in stone on what that percentage breakdown is. You said it's about 5248, but I'm not hearing or seeing anything that says what that percentage is because or is it somewhere written in stone or

It's written in the agreement the council has approved previously that it was going to be based on on the actual design and how it was eventually split out. So that again, as we talked early on, Mr. Simon, until we got into the design, we couldn't determine this is the end point of the Huntington and Katowski intersection, for instance. So that's why there is no hard dollar amounts. It's just based on the percentages. Okay. And in saying so, this says in the communication to the council that this is for the final design. Yes. So, we're at the final design and we still do not have a set price percentage. Yes.

No. Even though it does say final design. Okay. Okay. I have another question on if there's another um and this is in regards to number six. Number six is the AECOM technical services. Um, looking back in the file, that was originally from August 5th of 2024 and we paid an amount of $49,500. Correct. This is now 273 thou $273,700. Correct. Can you explain the the discrepancy of that? I know it's something that we need to do at the Verdict Creek Dam, but what's what's

they're two separate things. The original the original agreement was for ACOM to look at and do some preliminary design on our options of what we could or could not do rather than diving into final design and bringing council a $500,000 contract. So we initiated an agreement for with ACOM so they could determine our options. We've looked at our options and this is for them. this 273,000 is to go ahead with final design of the options that staff has picked.

Okay. So, even though it it says it's a a supplemental agreement, that agreement is pretty broadbased because we didn't really have knew what we were getting into or we knew it was going to be different here. So, so again we we wanted to find out what our options were and ACOM spent a fair amount of time looking at numerous options discussing them with the core with what was going to be acceptable to the core or not and then came up with the list of in the case of Verden Creek three very specific options. Staff chose the one that we think is the most appropriate and then same thing with with the Fletcher Gates. They give us several options and we've asked them to move ahead with design for some very spec for a very specific uh repair.

Okay. So, we've got it dialed in and don't anticipate any supplemental agreements coming forward from Well, there'll be another one for construction for the inspection. I mean, these are again once we get to the once we get to the construction part, we will pay be paying a kind of to do the inspection. So, there'll be another supplemental agreement coming for that. Um, I don't anticipate another one for design, but it all depends on we're dealing with a federal agency with the flood control system and if they require a number of other things that AECOM wasn't planning on, we may have another supplemental agreement for design. Okay. And this is going to be an expensive project

about $2.5 million for the spillway on Verden. So yes, it's not going to be cheap, but [clears throat] and that's just to prevent flooding coming in from North Water into Wateroo. That's all I have, sir. Anyone else have questions? All right, hearing none. Roll call vote, please, on four, five, and six. Mr. Schmidt. Yes. Sorry about that. Mr. Kraton Smith, [clears throat and cough]

Miss Katrton Smith, it looks like you're on mute currently. I couldn't hear how you voted. Four thumbs up will be good. I'll take those. There we go. Okay, I got it. Thank you. Uh, Miss Barry, yes. Mr. Salamanca. Yes. Mr. Martin? Yes. And Mr. Simon? Yes. All right. Who would like to take seven, eight, and nine, please? Mr. Mayor,

Mr. Salamanca. Thank you. Number seven, resolution approving construction plans for Santa Sever serving the San Martin business park first edition phase 2 as submitted by the Clap Saddle Gerber Associates Incorporated sewage treatment agreement DNR form 29 November 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 set [clears throat] documents. Number eight, resolution approving a professional services agreement with Teraccon Consultants Incorporated of Cedar Falls, Iowa in the amount not to exceed $4,500 in conjunction with the Sergeant Road Trail Repairs contract number 1091 and authorizing the mayor and city clerk to execute said document. And number nine, resolution approving amendment number three to a professional service agreement with Invision Architecture for an increase of $380,000 for the renovation of 100 East 4th Street for the new Waterl City Hall and authorizing the mayor to execute amendment. [clears throat]

Second. There's a motion on and a second. Uh, anybody from the audience wish to speak for or against item 7, eight, and nine? [clears throat] David Dar, 3145 West 4 Street. Uh, would this include the police department's uh rumor that they won't have enough room for the city people and the police department that uh there's been a thing out there that they'd like to have a separate building because there's not enough space. You talking about [clears throat] number nine, sir? Number nine, excuse me. Chief

Rob [clears throat] Duncan, Police Chief. Uh most, if not all, the police department will be housed there. Uh the only thing that won't be housed [clears throat] there will be our crime lab. Uh and we'll have some locker space as well with that crime lab for the attack team. And our evidence and property room is going to stay in the building they're in. So it's not That's correct. creating a new building or anything like that. Correct. Thank you. Does that answer your question, sir? [clears throat] Does anybody else have any any questions regarding 789? Council, [snorts] please. Mr. Schmidt,

Mr. Mayor, um, you know, I kind of got into this conversation after the fact, but I've heard an awful lot of comments out in the city how this was maybe not the smartest move, and as time goes on, it seems like it's becoming more of a black hole. Um, so I don't know if it's a a fair question for null or for I don't know who I'm not I'm not casting aspersions on anybody, but it just seems like this is not heading in the right direction. And I guess another question I would have is, is it too late to take a step back? I mean, if we're going to start having departments spread around the city, I I it seems to me we're losing all kind of efficiencies. I always thought part of the reason the city and the county were built across the street from each other were for efficiencies. And I understand we're only moving a few blocks down the street, but we're going to be losing some there. So, I don't know if somebody could maybe give me a little bit more of a high level overview and explain u where this is going.

I'm sure Mr. Anderson can, but we're not spreading departments all over the city. It's just our crime lab in conjunction with the Blackhawk County Sheriff's Office is we're working together. Okay. Okay. But null, can you answer his question, please? So, going back to that comment, is the new building bigger than the current building or smaller than the current building or do you know? I'll let Mr. Anderson answer that.

No. Anderson, community planning development director. I don't have the square footages right in front of me. It's slightly smaller um overall. Um but obviously with uh with new construction, new design, we think we can be a lot more efficient. Um primarily started to look at the project uh with a lot of the inefficiencies of the police department. some of their hallways are too small for them to to go down easily with all their equipment on and all that. Um so just looking at uh uh kind of starting there. We're actually, you know, consolidating two buildings into one for the most part with city hall and Carnegie Library um staff all going into one building. So for the most part, you're actually getting more departments into to one main building. Um but yeah, the the crime lab and all that will be in another location. the the the police department will still have the uh the building over there for some of their other um uh vehicle storage and things like that um for the uh uh the the drug task force team and all that. So,

team um Yep. So, they're they're in separate they're in multiple buildings now. Um but we are lessening that. Question. So, I'm not a contractor or anything, but so something as simple as the hallways aren't big enough. That's something that that was just one one I mean if you if you walk through the police department there's a it's kind of a maze going back and forth in there. So it'll be a lot more efficient um where they are they don't actually have enough uh lockers and all that for everyone there. So we're we're increasing those numbers and all that and basically designing it for their needs. They're not ADA compliant some of their hallways

and and I mean did we know that going in or is this something we're discovering as we go along? I guess that's the question. that that was one of the reasons why we started to some of the conditions of of what it would need to repair city hall. And I can get you those numbers that were uh done in the building audit for repairs of city hall or a new city hall construction versus the numbers we're looking at over there um for remodeling that building. Thank you.

And multiple years ago to to build a new city hall was and it's quite a few years ago was $18 million uh back then. Mhm. Uh that was a long time ago because I asked this specific question. What would it cost us to build a new city hall as opposed to remodeling this one? And they said $435 a square foot. So when you start adding that up, they came up to close to $30 million to to build to build new at that time at that one meeting. But there's also been been some changes. But uh and this is because of additional changes within the scope of the work including making creating a a safe shelter for our police department to make it a level four uh structure. Now Mr. Anderson noted that it's somewhat it's some less it's less square feet between the two, but there is a tremendous amount of wasted space in our annex open space that's that's just vacant space. So, uh I've got a set of plans in my office that you're welcome to stop in any time and review how it's going to be laid out. I'd welcome you to come down and take a look at it. So, as as far as we know today, this will be the last surprise as far as we know.

This will get us through final design work with the architects. Amendment two was the structural engineer being added and this is taking some of those components in there with this amendment three. And we're looking to go out for bid in April. That will that will we'll set a date of hearing to to to do the RFP or whatever. And then when that those bids come in, then we'll that'll be up to you guys to decide. Mr. Nathan, I'm sorry, but we're on council comments. Public comments were a little bit ago, unless you're going to stand there until we do the next three. We're not doing we're done with public comments on these sections. I apologize. Anybody else have any comments on on uh 7, eight, and nine? Mr. Mayor,

Mr. Simon. Um, no. If you could explain to the people um, tagging along with what Mr. Schmidt just said, we we are way over budget on what we originally thought this was going to cost us. Correct. Yes, we will be. Yes.

Okay. And and could you tell me or tell people at home whose decision this was to sell the two buildings we're in, the one across the street and the one we're currently in, and move to that location? I mean ultimately it started with uh with the city um the mayor visited the building um knowing that there were some concerns with the existing buildings and looking at the building audit. Um then we did move to discussions with the architects on some estimates of of moving in the building. Um and then ultimately went to uh council for a vote.

And who were the ar who who did the uh inspection and missed all these things that we're now finding out? I would say the the original, you know, when the architects went through it the first time, I think it was 4.5 million or or something like that or 5 million was the original uh amount they thought for the renovation, you know, uh and and we can get everyone to go over there to see the new building. I mean, it was built as a single company building, so as you walk in, it's open space. Obviously, when you walk into city hall, we have to have safeguards in place. Um you're generally in the hallways with uh then you come up to windows for service of police department, building department, and all that. So there was a lot of modifications that uh probably were underestimated in cost for having to build some walls to to separate out um some of the safety features. We have mel met with all the departments in great detail to go over their actual needs for security. You know there's there's places for cubicles. There's places where walls been need to be up for security purposes of just different departments. Um there was some structural needs um that I don't think anyone was aware of that we would have to go back until we had the structural engineer come into play um for the police department. You know, obviously the police department is seen as the the main public safety with the fire department, but with them in the building, we have to make it basically so it's tornado proof um in case a tornado comes through downtown. So it is being structurally enhanced for that reason. Um we also have other safety features that were added in in meeting with the departments um such as the windows being uh bullet resistant and all that for safety of the employees and the public.

So you just explained a bunch of things but you didn't answer my question. [laughter] I mean the architects provided the original estimate um and as the architects got into greater and greater detail of of exactly what we're going to have for you know linear feet of new sheetrock and all that they they've upped the estimate um to the new ones. So to answer my question, they didn't do all those things at the beginning. That is correct. Okay. And I asked who did that? The architects. That would be envision. Okay. Any other questions? Mr. [clears throat] Mayor, please. Mr. Salamanca,

Mr. Henderson, when it comes to this project, considering it was passed, as you mentioned, by a previous council, I wasn't here. some of the folks on council weren't here. With that being said, if council I'm going to ask you the question that I've been asked, which is can we decide not to move forward with this project? Is that a viable decision for us? Because as we're as we're looking at this, as we continue looking at this project, to me and to the folks of Ward Five that I've spoken to, they've told me and I got an email this past weekend that was asking why is it that this project continues to balloon? And these are, you know, these aren't aggressive questions. These aren't questions that I feel put blame on anyone, but rather are just questions that, you know, deserve an answer. So my question to you, Mr. Anderson, is is there any way for council to step back, re-evaluate this, postpone it, have larger conversations because I fear that as we continue to move down this road, we're going to spend more and more money. And as we transition into the budget conversations and we transition into making difficult decisions, I want to make sure that we address every possible venue that we can in order to make things work for the citizens of Waterlue. I would say there's a number of factors out there. Number one, if if we did not move ahead with this project, we'd have to figure out what the repair costs are to this building and modifications uh needed, which we we think would be higher than remodeling that building. Um number two, um this was set up as a property swap account development deal. So, the $6 million grant given to the uh previous owner of that building, he now owns the building we're we're sitting in and the Carnegie Library and the annex.

So, the properties have been traded um through the deed work and he has been given the grant. As a part of the agreement, he does have to invest that $6 million back into these two buildings. And so, in terms of not moving ahead, uh we'd have to ask him to give the $6 million grant back and give the buildings back. Mhm. I would guess he will not move forward with that action. Um, so I I I it's probably a short answer of no that we we we need to move ahead. And again, it may be the most viable action for costs anyway versus renovating this building.

So, Mr. Anderson, my subsequent question on that same theme is since a previous council made these decisions, this council is now bound to that council's decision-m or therefore I guess lack of awareness or lack of knowledge of everything that's been being brought forth. And what I want to avoid as a current council member is that if I vote for example yes on this and then this continues to balloon I am responsible for that decision and I alone voted yes on that decision. So where I'm getting at is is there any guarantee from the architectures or is there any guarantee from someone anyone that is going to say hey this project this is the cap this is it or will it continue to grow and grow and grow.

I'll use the convention center as a good example. So I think you know when we did that project uh we may have been on change order 42. Um you know as much as you can try to guarantee we think we've thought of everything. I I can tell you in the convention center they read plans to cut open a pipe in the wall and they drilled in the wall right where the pipe was supposed to be and it was 10 feet to the left. So then they had to go drill another hole of course I then they had to repair two places so we had to do a change order to fix it. So you know it is an existing building. It's not that old but we're still going somewhat by plans and all that and not having ripped open all the walls or anything over there but we we think we have a good idea of of what it's at. So the the architects I can tell you we just met with them. I mean, they feel fairly confident they won't need any more design work here um for this contract. Um but as we move to bids very soon, obviously we'll be hopeful to get good bids um and lower the cost. But in terms of change orders coming in the future and and remember sometimes a change order is because something wasn't correct in the plans or something wasn't right in the way it said it was designed or we may change our mind and decide, hey, this is a better way to do this and that'll cost a little bit more. So sometimes it's also a change in decision by the council. All those will come back to the council for you guys to make any changes in the plans after their bid.

Thank you, Mr. Anderson. And Mr. Mayor, I have a subsequent follow-up question on I guess the quorum for the council when it comes to this resolution. For example, can I make a motion to uh postpone a decision or pull it back or just so that way there could be like a work session or something where council can have a much larger conversation on it? I'll let Mr. Anderson answer that because we're we're past the deadline for paying the 380,000. I

I would say yeah, in in terms of not taking action on it tonight, we can definitely set up meetings with you and the architects moving ahead through the design final, you know, stages. I think it's pretty pertinent that we go ahead and approve this tonight so they can continue on the path. Right now, the longer it takes us to bid this out, inflation is going to continue to move the costs up higher. And plus, we're getting outside of the good window of probably bidding items for the year with the construction companies.

So, just so I can process it myself in my own words is that any decision, I can't speak for the whole council, I can speak for myself, any decision I make as a council member is then dictated by decision-m made by previous council members. That is where it ends up. I mean, sometimes we're going to be in projects where they're multi-phase projects or or things like this where we're in the middle of a project that I mean, yes, we we're in the middle of the project. We need to continue the project forward. Thank you, Mr. Anderson. And and I can tell you, sir, that two previous council members voted no on this. It was a it was a 5 to2 vote. So, Mr. Schmidt,

Mr. there. So, uh, going back a little bit earlier, you mentioned you discovered some deficiencies or they discovered some deficiencies in the building. Did I hear that term?

I was using the convention center like had had some deficiencies in the plans. So, you know, in this in terms of this one, I just don't think, you know, until they really got over there and started to do the actual work and figure out, I mean, you know, as part of the the bid estimate that you'll see when they come out for bids, they'll actually have a construction company kind of doing a uh a sister bid, I'll call on it, where they're doing one bid by the actual work, the other bid is by just pure, you know, amounts of drywall, amounts of electrical, just costs of units. Um, so they they kind of come up with the best estimate they can. When they came up with the original estimate, they just hadn't got into those details yet. Um, obviously we are going by what they estimated and it's come in a lot higher now that they've got into the details. Um, it's not structurally deficient or anything as an office building. Um, but it does not meet the structural improvements needed um to have the police headquarters in there. And so like the uh tornado room and some of this other stuff that wasn't something somebody knew ahead of time.

They they they did they did they said they did not. Okay, that's correct. So two questions and this they're not both going to be for you, but go ahead and stay up there. So going back to Councilman Aoya's question. So, if if what happens if we vote no,

they would stop design on the building. Um, and uh at some point we're going to be uh probably having to pay some some money on this building. We're in here right now rentree. Um there was a lease agreement that whether it's valid or not valid, at some point we're going to have to start paying lease money on the building because we do not own it anymore and we will not be able to move into the new building until it's made the improvements are made. And I don't know if it's a question for you or for the uh city attorney, but so would we potentially end up in a lawsuit with our currently our partner or whatever we would call him, our person, I would believe. So, yes. Um

either that or he could sit back and just let us he could lease, you know, pay him rent on this building and into eternity. So my concern, I think some other people's again is we just had a preliminary budget session before the council meeting and the word layoffs was used. So I mean I I I'm sure you understand and I know you weren't there that the council is probably a little bit more focused on money than maybe his previous councils had because the world has changed and and basically what I think I'm hearing you say it's too late to turn this ship around.

I believe so. Yes. So then one final question, this may be more for the city attorney or Mr. Mayor. If we So we've got six council members here tonight. If I don't feel comfortable supporting this, but I don't want to vote no. Uh, can I abstain? No. Cannot. No. No. And you have a valid reason to legally pardon me. You can't abstain because you need more information. That's the only reason I can abstain because I said you can't abstain because of that. I mean, I'll let Miss Felley answer, but I don't believe that you can abstain just because you don't want to vote yes or no on an item.

Okay. So, I don't I don't support it or I don't think I support it based on what I'm hearing, but I also don't want to send us down the road to a lawsuit. Well, no one does. Well, some people apparently did, but yeah, but I but I I will mention, you know, that that the word layoffs was we're trying to avoid layoffs. Well, I understand that.

No, no. I'm just I'm just I'm talking about that was that was mentioned when they decided to house the police department in that building, they had to have a structural engineer come in because the police department has to be a level four structure. But what they what they looked at was snow, load, wind, and seismic. And that's going to entail uh beefing up the roof trusses. Uh additional roof trusses have to be added. Now, it's going to be a difficult thing to do because they're going to have to crane them in a third floor window and then jack them up and then and resupport and do that. When this was uh originally came before the council and like I said, two of us voted no on that. It was $5 million in construction costs, 1.3 million $35 million in soft costs, 500, excuse me, ma'am. $500,000 in in architectural fees, $400 to $500,000 and then $6.2 million to the developer. That was the original. We are way outside the scope because of creating this building to be a level four structure. this the f the storm shelter alone for that building uh because it doesn't have a basement to to withstand what it needs to withstand is a half a million dollars. That portion of loan is a half a million dollars. Uh again, as Mr. Anderson stated, we don't own this building. It's not like we can claw back this contract without without probably entering it into uh litigation. I can tell you that um they're trying to keep on a schedule so that they can finish their design and then uh get it out to bid so that we could hopefully be in late spring of 27. So if you want to postpone it, you want to to drag it out, that's fine. I'm I'm

I'm down with it 100%. But every day we we delay is is going to create that that much extra time in in getting into this building. Uh so it's it's entirely the council's purview. Uh I don't think we're done. I I really don't. I mean when this comes back before the council to to vote on the construction cost, you will also have some alternates that you can look at. Also, [snorts] um I I my last meeting I took an alternate out and put it in the base bit because I cannot in good conscience create a new roof for that building as an alternate when the existing roof is 30 years old. I can't put x amount of millions of dollars into a brand new building and be in it less than a year and have the roof start leaking and all of a sudden we're damaging everything we put in here and then we've got to tear out tear the roof up and put a new roof on it anyway. there there are a number of factors that that are adding to this cost. Uh I wish we would have looked at other options, but this council is stuck with it right now to to deal with and and as as it was said before, we do have it happens all the time where we have projects that start under one administration and are finished under a different administration. So it's it's entirely up to you guys.

I hope one final question. No. So, going back to again some of these things we're discovering, if you buy a house, um, you know, supposedly somebody's supposed to inspect it and it meets all the inspections and after the fact find out things were not what they seem to be, there is recourse. There's no recourse for us here that you're aware of. And again, not aware of the city attorney. I don't know.

You know, as they got into more and more details, you know, when asking the question about, you know, did they know about the storm shelter? So, you know, there's a building code, there's an existing building code. As I got into the details of what needed to be remodeled, as you get over a certain percentage of renovation in a building, you cannot use the rebuild code. You have to use use the new building code. So, it it kicked it into that into that sector. So, it's not that anyone necessarily missed something in the housing inspection directly. It's just as more details were unfolded, these are the options we have to move ahead with.

Anything else, sir? I I will tell you that Invision in our last meeting with Envision, they said that they would be willing to meet in small groups with council people so we don't have a a quorum to go over the plans with you. So you can actually look at them up on a big screen and they can discuss everything with you. And then null made the the comment also that if you decided you wanted to do something like that that he would take you over to the building right after that and you could tour it. So, those are options we're going to make available to the council at any given time, Mr. Mayor. Yes, sir.

Um, so I would like to have that arranged if you could. No, please. Um, is there any We do a lot of work with Envision, correct? No. Yes.

Okay. Have they have they come to you and apologized or or mentioned that we missed something or is this just common? I I just don't understand how if somebody gives me an estimate on my car for $5,000 and I go in there and they charge me six, I'm not going to take it. So, I know it's totally different on a different scale, but similarly the same thing has happened. Am I right? I mean, obviously they're not, you know, they're not excited about the cost going up as well. Um, you know, I I think they thought they were probably pretty pretty accurate on their very first assessment of it. And then as we got into the details of what we'd actually need for new construction walls cuz, you know, again, when you see the space, it it's pretty much uh column design, so it's very wide open spaces. And again, for one company um to be in there, um you you have a lot of cubicles. as as we talk to them about, you know, uh you know, HR needing walls um for their department because of you don't want people hearing about HIPPA and things like that nature. Um every time you put up a wall, it impacts the HVAC, it impacts the lighting, it impacts, you know, a lot of different things. It adds a lot of cost for instead of just construction walls. it. So again, you know, what they've kind of said over as we've worked through this is that, hey, we didn't realize we were going to have to put up so many walls after meeting with the departments and doing this to actually meet all the requirements. You know, was that a shortcoming on them not asking those questions further up front? You know, we could definitely have the opinion of that being yes. Their opinion may be that they did the best they could with the information they had at the time, but

Okay. Thank you. Martin, you have anything? Mayor, Miss Barry. Yeah. Um, no. Were there other locations looked at besides that that one in the past because or were the was that the only option either here invest some money or there

when the city had the buildings audit done in mayor do you remember what year that was was that 2015 2010 I don't remember now but it was a while back when when we had the building audits done all the city buildings um by ISG they had some information in there about what it would take to repair the buildings um with various actions for ADA compliance for you know just needed improvements uh deteriorating walls and then they also had some some uh options in there for potential new construction. I don't know that we looked at any other sites for city halls new construction other than the other site that was always discussed was that you would build a brand new city hall in the parking lot behind the building

um and then demolish this building when you're done to put the parking lot back in front. Um, other than that, we did not look at any other existing buildings. Um, to a large extent. Um, we did go over and tour the uh the region's bank building a little bit at one point. Um, but it uh it was very strangely [snorts] set up for the department needs that we'd have because it has a lot of large open spaces and then a a very large basement that doesn't have windows or anything like that for offices. I was just curious because I would think you would have investigate, you know, looked at the entire city if this is not working. That didn't work. What other options? It was it was precoid uh probably

between 15 and 17 when when we did the analysis of city buildings and just just to repair what was needed in city hall was between 8 and $9 million. And now you're talking up 50 year old 50 year old plus building. I don't when was this built? I 69 60 this building. Yes. In the 60s. In the 60s. 62. So now now you're talking, you know, a 64 year old building and put $9 million in it and it and it still would not meet our needs.

That was back then. And then the construction cost for a new city hall back then was$18 million plus. And that was building it in the parking lot behind here. And that was just a rough estimate, you know, but as I said, I told Mr. In that in that in that conversation, I asked what it would cost to build new to get out of this completely and and build a brand new city hall. And it was $435 a square foot, which is a pretty standard for commercial, I believe. Correct, null. Yeah. And that'd probably be about 23 24 million. Envision estimated 28 to 30. Yeah. Yeah. Because then you'd have site work and all that, right, Mr. Mayor?

Yes. Mr. Anderson, for argument sake, conversation sake, if I were to motion to table this conversation to give us more time for council members to sit down with you, tour the building, have much in-depth conversations because it sounds from my opinion again, it sounds as if we're stepping into a puddle of water and we don't know how deep it is. So what I want to make sure is as a recently elected council member who was not privy to the conversations to the ongoings and to the background information and the background chatter postponing this how far back would it put us if we did a week or if we called a special meeting for council or I'm just trying to see what can I do as a newly elected city council member to be more informed about this when decisions were made prior to my tenure. I mean, so they have staff geared up in designing it now. Obviously, as a an architectural firm, they have several projects going at any one time. So, I mean, if we do not approve it tonight, they may move their staff to design work on other projects. So, it could push us significantly back in terms of, I don't know, four to six months. Um, which again, at some point then we're going to get into some trouble here for not being lease free. Um, you know, and and I'd also like to note, I mean, having the meetings with the with the architects like the mayor said, they've already suggested that to go over the details so you can see everything we're working on.

They have to do this design work. Um I don't know what meeting with them is going to change in this amendment before you today. You you could meet with them and get all your answers and you could be very happy at the end and it's probably going to still be the same amendment before you whenever we bring it back. Okay. I appreciate your your fourth right. Thank you. Mr. Martin, do you have a question? You're staring at me like you do. I got a question for Mr. There you go. Mr. Anderson. Yes. Please answer this question. Okay. In life, you're guaranteed two things. To die and pay taxes. Correct. Yes. Okay. I'm done. Anything else to add to that? Nope. All right. Let's hope we don't do either one too soon. Can I ask one more question?

Sure. Go ahead. You had mentioned something about a lease. that lease is with whom and when does it start and when was it filed and when did we I don't know what that number is. So, as a part of the development agreement, it said that there would be a lease on this building for when we could be in here rentree and then at some point we would have to start paying a rent on this. Um there is a signed lease. Um we're not sure if it's gone through all the the appropriate actions based on the wording of the development agreement. So, we're looking into that, but um I forget what date we're going to have to start paying uh a monthly amount to be in this building. September of 26. There it is. If you if you're interested. Yep. Yeah. That's what I thought, but I wasn't sure.

So, it sounds a little vague like uh where this agreement was in the original agreement. I can answer that portion of it. There's Was it approved by the council? If it's something

the development agreement was approved by the council. I don't know that the specifics of the lease were included at that time. the I I can assure you that the original development agreement called for us renting for practically nothing for x amount of time with with a clause that we could uh add so many months each time at the at the same amount. And then now there is a lease agreement that didn't come before the council signed by the previous administration dated July 31st of 25 that we're going to enter in starting September of 2026. I think $25,000 a month to stay here. But that was not never approved by council which all these agreements, correct me if I'm wrong, ma'am, need to be approved by council.

That's correct. Mr. Mayor, I know we're we're diving real deep into the weeds here now. Yes, we are. As we continue these conversations, the more alarmed I am about previous decision-m that's happened on council. With that being said, from a legal standpoint, from a legal standpoint, I vote no. Right. The likelihood of it going to a lawsuit, the likelihood of it going the legal route, it happens. And then what exactly for for the city for for us? How does that pan out? Not to put you on the spot.

Well, he's walking up [clears throat] according to Marty that uh when when that lease agreement gets entered into that we could just be evicted. You think you came into something without preparation? [laughter] We appreciate your your your you being here, sir. Here's what I know. that if you sign a contract and you default on it, there's going to be a lawsuit and it's going to cost a lot of time and a lot of money. It's lawsuits, civil lawsuits. If you ask for a jury trial today, you'll be lucky to get one in a year. So, this thing, three years from now, you could still be sitting here arguing about the same thing when the cost of construction goes way up. we're going to wind up paying money on this because we made

we we made promises under the the agreement from July of last year that that we are legally bound to follow and if we don't we can we can get nailed [music] for it even though we didn't sign it or approve it. the the yeah one of the things you you really need to know that whatever if there if a council passes something and then the whole new council gets elected a year later you are bound by their actions. That's right. There's absolutely no doubt about that whatsoever. Okay. Mr. Mayor, I'd like Smith, please mute your mic because you're not you're not have have not been recognized yet. Ma'am, you haven't been recognized. Mr. Salamanca has the floor. Mr. Mayor, I'd like to make a point of order. Mr. Mayor,

I won't I won't say it again. You have not been recognized. Mr. Salamanca has the floor. I will call on you next. Okay. Kelly, will you let him know why my mic is still on, please? I don't know why your mic is still on, but ple please let Mr. Salamanca finish his question.

Now, with that being said, I understand, you know, balance of power changes, whatnot, from council to council, what we're bound to. As Mr. Simon pointed out, since there was, and as our current mayor pointed out, since there was an agreement signed with a lease that never came before council, how is council bound to it? Is it because of the mayor's legal right to sign it? or if you could explain that bit because I'm sure folks in the public, folks all around want to know how is it possible that our current council although council never approved it which by your own saying says that if a council approved it then we would have to honor it but if council never approved that lease agreement then why is this council bound to it?

I don't know because I I wasn't a part of that. I I was probably on the golf course last July when all this was uh all this was done. Okay. But if if if there is if there is language in the in the original agreement that talks about a lease starting a certain day, which I believe the mayor says there was, uh then we agreed to that. It was a dollar a month, but

yeah. So, uh when Mr. Peterson comes back from his surgery, I'm sure he can can be more authoritative on this, but uh be careful is all I can say is if you lend her into an agreement and you don't abide by it and this isn't a penny agreement. This is a big one. Uh get a good opinion on it and follow through. And that is something you what Mr. Salamanca you're what you're doing is something that councils have done for decades. There's a lot of case law out there in the state of Iowa. I remember having to research this many times when I was city attorney and uh you are legally bound by what a prior city uh council does. That's just the way it is. Otherwise, people who enter into agreements with councils will never be certain that their contracts are going to be fulfilled.

Anything else, sir? No. Thank you, sir. Miss Kraton Smith, did you have a question? And then I think Chris is working on taking care of the unmuting. M got a question. Well, I'm trying to get get her on here. [clears throat] Are you working on it, Chris? Okay. Okay. So, we can hear you now, ma'am. Now, ma'am.

Okay, Mr. Mayor, I've been trying to unmute for a very long time. I had to email. I emailed Kelly. I text null. So, so that is what I was trying to tell you. I couldn't even participate in this discussion discussion as a council member because I was denied my right to do so by not being able to unmute and say what I needed to. Okay, ma'am. We did not we a technical difficulty. We as a council or as a mayor did not deny you your ability to speak. [clears throat] A technical glitch. We're going to get it. We got it fixed. You have you have the floor. You have questions. We'll answer your questions. Ma'am,

now the it said the host had control of those who could mute and unmute. So, I wasn't able to mute. Again, ma'am, you have the floor. Do you have a question? What I'm saying is that when I came on the city council, I was bound by what the city council before me had done. So, I don't know why we're deliberating something that we can't do anything about. Now, the issue with having to pay a lease agreement if the council did not agree to that is something that can be talked about. The other stuff, Mr. Mayor, I'd like to do a point of order here. Okay. Okay.

Councilwoman Crane Smith is beyond her limits in regards to the decorum of our council. If you are going to be speaking, Councilwoman Smith, I would say that we have the quorum that we have to honor and we have etiquette that we have to honor. Thank you, Mr. Mayor. I don't know what to talk. Okay. So, are you finished, ma'am? What else did you want to say? I want to give you your ample time to speak.

I appreciate that. I was rudely interrupted, so I don't even really realize where I was, but I'm also in pain trying to I'm trying to support my constituents who voted me here. I had a folks that went to the poll and voted for me and they chose me. So, I'm just saying that I didn't have a right an obligate. I didn't have a opportunity to share my concerns. I am done. I'm done for tonight because I don't feel well anyway. So, you've you've you've shared your concerns. Do you have anything else you want to add? Goodbye. I can't I didn't hear you, ma'am. So, you you just you Okay. She left the meeting. Well, that's new. Okay. Uh I don't think that's

Sir, did you have another question real quick?

Um I would I would like to make a motion to table this And I'd like to make a motion to table it for two weeks. I I'm not sure what's a reasonable time and I'm looking at no to have council and architects and anybody else that wants to do a little bit more of a deep dive into this because I think and I understand what council member Kraton Smith is saying because I've been on the council in the past, but I also understand you know the world has changed pretty dramatically in the last few years from a budgetary standpoint. I don't know what everybody was thinking when this project was approved and some of the other projects that we're inheriting, but um I just think it warrants a further conversation. And so I would like to make that motion and if two weeks I want to make it as workable for for you and everybody else involved on your side of things. So is two weeks reasonable?

Okay. And I mean you think you get people together and we'd be able to All right. So I'd make that motion to table. We just say I'm sorry to the next two weeks. Okay. I'm sorry. To the next council meeting to the 16th. Yeah. A motion on the floor to table it till the 16th. Do I have a second? I second. Okay. Anybody a discussion? Anybody want to talk about that? Mayor, I I'd like to ask no question, please. Well, this is on the tableing what we're addressing. Okay. Well, I can't ask no that question then. I Okay. So I I'm guess I'm wondering just right now we're just in a holding form right now anyway. Is that correct? What I mean is tableabling it won't make a difference if we table it or not.

It would just delay the process. There's nothing Oh, it's going to delay the process. Well, sure. Yeah. For two weeks. Huh? That's It could be longer. Just depends if if the if the people that are currently assigned to it work on something else and we got to get them back on. So, we have a motion on the floor to uh table it for two weeks. Roll call vote, please. Mr. Schmidt, yes. Miss Kraton Smith is still off. Chris, correct? She left. Uh, Miss Barry, no. Uh, Mr. Salamanca, yes. Mr. Martin, no. And Mr. Simon, yes. I don't know what the vote is when she left. How that works with someone else missing. That's a no vote.

Okay. So, that's okay. Barry and Martin were now one, two, we have five. So that passes because it's a simple motion. I don't know how it passes. It was three to three. It's based on since it's a motion, it's based on the members present. Okay. So it was three three to two. Three to two since. All right. that that motion uh passes passes to table it for two weeks. Okay. Roll call vote on seven and eight, please. Mr. Schmidt. Uh yes. Seven and eight. Sorry. I'm sorry. Yes. Uh Miss Barry. Yes. Mr. Salanka. Yes. Mr. Martin?

Yes. And Mr. Simon? Yes. All right. Thank you. Who wants to take 10, 11, and 12? Mr. Mayor,

Minister Schmidt. Item number 10 is a resolution approving a consent and assignment of ground lease between the city of Wateroo, Waterlue Development Corporation, and Farmer State Bank. And that's for the new hard courts facility located at 205 West Commercial Street and authorizing the mayor to execute said document. Item 11 is a resolution approving a tax rebate agreement with Iowa Hartland Community Investment Fund LLC for unclaimed tax rebates on 301 through 311 East 3rd Street and authorizing the mayor and city clerk to execute set documents. And item number 12 is a resolution approving an assignment of rebates and waiver released to Iowa Hartland Community Investment Fund LLC in conjunction with a development agreement with Blackhawk Contracting and Development dated February 17th, 2014 for the property located at 301 through 311 East 3rd Street and authorizing the mayor and city clerk to execute said document.

Motion and a second. Anybody from the audience would like to address 10, 11, and 12, please?

Seeing none, council, any questions on 10, 11, and 12? Mr. Mayor, sir, just real quickly for the folks at home, the uh items 11, 12. Yeah, that uh Iowa Heartland Community Investment that would be H Heartland Habitat. Yes, sir. And the question I would have there for null, I believe, is H Heartland Habitat is a non property taxpaying entity on their facilities. Is that correct? I mean, on the ones they own. I'm not talking about the ones they sell, but on the ones they own.

No Anderson, community planning development director. So, on their Habitat offices, they are a nonprofit, not paying taxes. On a uh unit that they would sell, obviously that would go to a a taxpayer. On a unit that they would rent to somebody, and I I think they intend to sell these, but even if they would rent them, that would have to pay property taxes because it would be making a profit even as a nonprofit. Okay. So either way they're going to somebody's going to be paying property taxes on these units because these are those nice brownstones over by Queen. Correct. Yeah. I mean basically in summary there was there was tax uh rebates given on this property. The previous owners did not use them all. Habitat's acquiring it and just asking to get the remaining tax rebates. Okay. Thank you.

So what they'll get is 50% tax rebates for 4.5 years. Right. Uh this would be no different than Friendship Village, which is a 501c3 or nonprofit, but yet the duplexes that they have around the the West 9th and and uh uh facility that at Parkland that they rent those out and they pay taxes on those on those duplexes. Anybody else have any questions on on uh 10, 11, and 12? Mr. Mayor. Yes, sir. Are we public or are we council? What's that? Are we on council?

Yeah. Yeah. Yeah, we sure are. No. On number 12 and 11, I guess since since the previous owners did not apply for their tax rebate, are we bound to give it to the next owners or can we just keep that money in the city?

Um, no. I do not believe you're you're bound to do it. Um, obviously it would be a little bit uh of a unique one in that uh the new owners would own it. Um, unless they got something in their acquisition contracts, which I'm not aware of, with the old owners to get the rebates, um, the old owners could still technically ask for the rebates instead of Habitat. Um, so if Habitat paid the taxes and I think it was White Rhino LLC was one of them, um, they could technically ask for the rebates and we'd still be under agreement to pay them. Paramount was before them. Okay. Well, let's change. So, this is this is a way to get it to make sure that it goes to Habitat. So, the the the the last owner before Habitat was Paramount or was it White White Rhino?

White Rhino was the last owner before Habitat. Paramount was the previous owner and then then Blackhawk or John Roof was the owner before that. Correct. And neither one of those entities has asked for their rebate. They don't own the property anymore. So, they're not paying the taxes. They they could ask for the rebates once the property taxes are paid on it, but they did not pay but they're not paying it because they don't own it anymore. Okay. So now we're not repaying them because they're not paying anything themselves. Correct. And we and we do hope, sir, that that if this is voted to give Habitat 4 and a half uh years at 50% tax rebates that they take that remaining 50% and use it towards acquisition and demolition and things like that for some of their properties.

Yes. Thank you. Any other questions? Mr. Schmid, do you have anything? No. Anybody else? Miss Barry? No. All right. Roll call vote on 10, 11, and 12. Mr. Schmidt? Yes. Miss Barry? Yes. Mr. Salamanca? Yes. Mr. Martin? Yes. And Mr. Simon? Yes. On 10. And I believe I need to abstain on 11 and 12. Okay. And it's a it's I've talked to him about that abstension. I can cover that with you, you know. Okay. [clears throat] All right. Excuse me. Business. Do you have to state that publicly or no?

You just You're supposed to say Well, it's it's a business interest. Um Yeah, that's right. With the previous owner. With the previous owner that's on the on the contract. Gotcha. There you go. [clears throat] All right. Then that's that passed. Correct. We should have enough. Uh, who wants to take 13, 14, and 15, please? Excuse me, Mr. Mayor. We had enough. Thank you. It passed. Mr. Mayor. Yes, ma'am. Please.

Resolution approving preliminary plan specifications, form of contract, etc. just 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 number 1147 and instruct the city clerk to publish notice. Resolution 14 is approving completion of project and recommendation of acceptance of work for work performed by Matt Construction Incorporated of Sumar, Iowa in the amount of what are we reading?

We're not reading the We're on 13,4 and 15. Oh, did I just do Oh, I thought I was on I think that was maybe the consent agenda. Wait, am I on a different Are you on the consent agenda? 13. Oh, am I waiting? Oh, I'm sorry. [laughter] I've been kind of moving. I apologize everybody. [snorts] Sorry. We passed. Thank you, Hector. Let's Let's start with 13. I guess you guys are wondering what's going on here. Thank you. Thank you. Not hearing this. Okay, Mr. Mayor. Number 13, please.

Number 13. 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 up to 19 new market rate apartments located at 217 to 219 West Fit Street, including a grant of $600,000 and rebates of 70% for 15 years as approved by city council by resolution number 2025717 on December 15, 2025. a resolution in support of of an application by the Battery LLC, Battery Building LLC for the Iowa Historic Tax Credit Program, application to the Iowa Economic Development Authority to construct up to 19 new market rate apartments and mainfloor cafe and co-working space located at 217 to 219 West Fifth Street, including a grant of $600,000 and tax tax rebates of 15 uh for of 15 years at 70% as approved by city council resolution number 2025-717 on December 15, 2025 and a resolution approving an acquisition contract and accepting a deed to sell real property to the water the city of Waterlue with Tim Durham Regional Regginal Jones and Henry Jones in the amount of $213,760 for property located at by 751 Glenwood Street and authorizing the mayor and city clerk to execute said documents.

Second. Have a motion and a second. Does anyone from the audience wish to speak to the previous resolutions 13 14 and 15? David Dryer, please. Yes. uh 13, 14, and 15. Okay.

Uh first thing I I can't get an answer on, I guess, is do we have that many homeless people that are living on the street that we need all these apartments? The national people want to see more single family housing, not more apartments. And do we have that many, like I say, do we have that many people living on the street that need a house? Uh seems to me like we've we've helped people build a lot of apartments and where are the people coming from when our when our population right now is either declining or at least at best static? Um should have brought my glasses. Okay. And who is affording the $600,000? We already gave them 150 thou. Okay. We gave them hundred and some thousand dollars already for a renovation over there to to basically save support whatever you want to say the building. And now who's going to give them another 600,000? Uh and number 15. Are those properties in that good a condition? I know it's for possibly future expansion of the mechanic site for the city of Wateroo, but are they in that good a condition to pay that kind of money for them?

Thank you. Mr. Anderson, please address 13 and 14, please.

13 and 14. So, Noel Anderson, community planning development director. Um, these are resolutions of support for them to apply for state workforce and then state historic tax credits. So, the development agreement's already been approved. It did contain a uh I believe it was like $230,000 or $260,000 grant for emergency repairs. Um just to stabilize the building. Uh city staff did did have five different uh entities look at the building. Um the Sentry Battery Building LLC is the one that require that submitted the uh the RFP. So, we went with them with the development agreement. Um we felt that the emergency stabilization being paid to them right away would stabilize the building and if they didn't move ahead with it um it would help another group go ahead. They are planning to move ahead with it obviously with these resolutions of support. Um the 600,000 is already in the uh development agreement. So this is not an additional 600,000. It's not two separate 600,000s. It's the same one just different entities at the state of

We're still in public comments. Oh, and I I just note I guess uh in terms of uh housing, the 2020 uh downtown housing report actually showed that we need more downtown units and that when every time they renovate some down there, they are rented out pretty quickly. And do you, while you're up there, do you want to address Mr. Dryer's concerns about the house on Glennwood?

Uh the house on Glenwood, um as noted, we are looking to um continue to acquire land as it becomes available uh near the public works facility so they can continue to do expansions over there. Um I know we 657 aid uh I think one house or two houses over there and bought another and then got another lot through tax sale. So we have been working to acquire some land in that area. Um this is the assessed value on it uh placed by the assessor who we look at as an expert in uh valuations. Uh generally uh appraisals will come in higher than assessed value. So we think this is a fair deal um to acquire the site. This is a manufactured home or modular home that was moved onto the site a number of years ago. Um, so we do believe that we can pick up the the building and move it to another residential lot in Waterlue like the two houses we did for the food bank expansion recently over on Chalmer's. Um, so this will put new infield development into an existing neighborhood and allow us to get some of the funds back for the acquisition.

Thank you, sir. Does anyone else from the audience have anything to to address on 1314? We're on audience right now, ma'am. That's right. Yeah, sir. You you've had sir you you Oh well I thought Mr. Anderson addressed it that it was approved in the previous development agreement that it's coming out of the city. The city of Waterl will pay the $600,000 grant for the central battery building out of the downtown TIF funds. Thank you. Does that answer your question, sir? All right. Does anybody else from the audience have anything to address on 134 and 15? Okay. council. Miss Barry

um to know um when it says located at 217 to 219. So do we know how so 19 new apartments will be in that building? Is that what I'm seeing here? Up to 19 new market rate apartments on the main floor. Okay. Uh their RFP, if you if you've seen the building, it's basically uh two stories with a portion of a third story. Okay. And so as long as they can get it approved through the historic tax credit process, they will be building out the remaining portion of the third story to get uh 19 units in there.

Um I I'm kind of thinking on what Mr. Dwire said. Um you know, but from my perspective, I I'm for me it's important that we get homes. We need homes. We need people who can buy homes. And we did have an opportunity at last uh, you know, council session where we had a a person who wanted to a developer. But in any event, um, I I guess I'm just saying I would like to see us focusing more on um, infield housing, more housing.

Sure. I mean, and obviously this is a downtown site. It's a historic building, so there's there's not the ability to do single family homes here, but we are continuing to work with multiple developers on single family home development and subdivisions throughout the city. And and um I'm just curious like what would the rent be? Do we know that already? I rate that. I don't recall their market rate. I don't recall if he had that in his RFP, but I can ask that question if they have a a target uh you know, rental price. Okay. Thank you. He did say he did say market rate, Mr. Schmidt.

Yeah. Uh before I forget, it looks like we have somebody joining us on that screen, not on that screen. Um I don't know if anybody knows who that is, Chris, but there was a gentleman walking along and we were looking at his face on his cell phone and now I'm not sure where it's at, but so anyhow, I'm not sure how our security is working, but apparently not well. Um so yeah, going back to the question, 600,000 um and then it was 259,000 was the previous amount. So that is all coming out of the downtown tip. That is correct. And it's a grant. So we're not going to get repaid. It's not a loan or anything. That's just part of the package.

That is correct. The the the emergency portion of it will be reimbured as soon as he does the work. Um the remaining portion will be paid upon the certificate of occupancy of the the building. So when the building's fully done. Okay. And then following up on Councilman Woman Barry, do you know a dollar amount ballpark on what defines market rate rent? I can find that out. Uh we've got a 2020 housing report, so we've seen some numbers in there. Obviously, we're in 2026. So, we're going to look to to try and get that updated um by the private party that did it before. Um but I can I can find out if he had that in his RFP um information.

Okay. Because isn't the blacks building and the deer or deer wrath admin building and I mean I think there's a list of several buildings that are all going to be apartments going back to councilwoman Barry and Mr. Dryer's comments again that in terms of downtown Waterlue, the Blacks building um would be moving I think it's 26 new housing units up above the hotel units. Um the Water Street apartments is under construction now um which is in the 24 to 27 number of units um being built there for market rate. The Wrath Administration building um that is specifically for low to moderate income housing units. So a little bit different price range in there um at 80% AMI. You guess St. John's

and St. John's. Yes, thank you mayor. um is another one that is market rate. But I mean is that that sounds to me like you're cracking a hundred by the time you add those all up. We hope so. Um I think last year we had 267 units built in the city of War. 214 of those were multifamily. So we definitely need more single family as we're moving ahead, but um again there's 48 units being built over at Kimell and Ridgeway as well. These uh you know these developers do a lot of research to make sure that they're going to fill their units and and keep building. Thank you. Anyone else have a question? Okay. Roll call vote on 13,4 and 15, please. Uh, Mr. Schmidt. Yes. Miss Barry? Yes. Mr. Salivanca? Yes. Mr. Martin? Yes. And Mr. Simon?

Yes. All right. Who would like to take 16, 17, and 18? Mr. Mayor.

Mr. Simon. I'd like to make a um make a motion to for the resolution approving a development agreement with Fifth Street Tire LLC with the minimum assessment agreement of $567,660 and the Cira tax abatement for the construction of a 2,88 ft addition at 500 West Fifth Street and authorizing the mayor and city clerk to execute said document. Number 17 is a resolution granting a variance to the requirements of the subdivision ordinance in section 11-3-2 preliminary plots and section 11-3-3 final plots relating to the approval of the final plot of University plot number one uh two lot commercial subdivision in the B-P business park district located north of University Avenue and east of Black Creek to allow approval of the plot of survey that does not meet All requirements for preliminary and final plot. Number 18 is a resolution approving the request by the city of Warloo for the final plot of University Plot number one, a two lot commercial subdivision in uh P-B pass P-P business park district located north of University Avenue and east of Blackhawk Creek.

Second. Motion on the floor and a second. U anyone from the audience wish to address 16,1 17 and 18? Please come to the podium and state your name. Seeing none, council, any questions on 16, 17, and 18. Hearing none, roll call vote, please. Mr. Schmidt, yes. Ms. Barry? Yes. Mr. Salanka? Yes. Mr. Martin? Yes. Mr. Simon? Yes. Thank Thank you. How about the Who wants to take 19 and 20? Oh, Mr. Mayor.

Mr. Martin, please. Um resolution approving a variance to the requirements of the subdivision ordinance in section 11-3-2 plumeary plant plat section 11-3-3 final plat relating to the approval of the final plat of the university plat number two a lot three lot commercial and residential subdivision in the C2 commercial district lot located west of 3345 University Avenue and 95 50 Sher Sher Avenue to allow approval of the plot of survey that does not meet the all requirements for preliminary and final plots. 20 resolution approving the request of the city of Waterlue for the final plot of University Plot number two, a three lot commercial and residential subdivision in the C2 commercial district located west of 3345 University Avenue and 950 Sher Avenue.

Second. Motion on a second. Does anyone from the public wish to address either one of these items? Seeing none, council, any questions on 19 and 20? Also see an end. Roll call vote, please, ma'am. Mr. Schmidt, yes. Miss Barry, yes. Mr. Salamanca, yes. Mr. Martin, yes. And Mr. Simon, yes. Thank you. Who would like to take ordinance number one? Mr. Mayor, Mr. Schmidt.

That is a uh motion to receive and file consider and pass for the second time an ordinance approving a request by the city of Water to vacate approximately 72,145 square foot planted easement located west and north of 2320 West Airline Highway [cough and clears throat] to allow for future development. Second motion second. Does anyone from the audience wish to speak to this ordinance? Seeing none, councel hearing none. Uh, roll call vote, please. Mr. Schmidt, yes. Miss Barry, yes. Mr. Salamanca, yes. Mr. Martin, yes. And Mr. Simon, yes.

Um, we won't be able to suspend the rules with the um vacancy and a lack of a council member. So, I think we can just we'll move on. Bring it on in two weeks. Yeah. How does that sound? Who would like to take ordinance number two? Mr. Mayor. Mr. Mr. Schmidt. Ordinance number two is a motion to receive, file, consider, and pass for the first time an ordinance amending the city of water traffic code by unreserving section 420 and assigning a new section 420 approaching certain stationary vehicles. Second.

It's a motion on the floor and a second. Does anybody from the audience wish to speak to this um change in the city ordinance regarding uh move over or slow down which is a already in the state code? I'm Renee Carson 11:08 Vine Street. Um it says adding a new section 420. So what is what would be the verbiage of that the wording on that? Since you're changing it, what are you changing it to? Chief

Rob Duncan, Chief Place. Uh, basically it's it mirrors what the state code is. It's a moveover law that allows us to write tickets for vehicles that are um moving along usually on a highway where there's double lanes going the same direction and not getting over if a car is pulled over by the police or if there's a motorist that's stranded. So it's the it mirrors the what the state code is. So have So is it like if you're trying to get over and you can't. I mean because that happens a lot when you're trying to move for an emergency vehicle and then there's other traffic there and you're trying to get over so you just sometime you just stop at the builder street let them go.

Yeah. There's language in that that that says that it if if available to move over you don't then you get the ticket. But if you can't then you will I believe it's you have to also slow down if you can't move over right you have to go by by a reasonable speed. Yes. Thank you. Yep. You're welcome. Thank you ma'am. Anyone else have any questions? Council does council have any questions? M Barry I'm looking forward to it.

I have to say something because um what Miss Carson brought up. It just happened chief just Saturday with my daughter-in-law. She was driving and a fire truck was coming and her husband, my son, said go because she just froze and she stopped. She didn't know what to do. So, so I just found that to be an important point you made, Miss Carson, because people sometimes don't they don't know. So, I'm wondering if there will be some kind of a way and I think your website might explain too what the procedure would be in a case like that because again some people just free panic and they freeze.

So, you're asking what like if there's some type of training or something something to tell people what to do because he was my son's like why are you stopping? Yeah, I mean we can we can put some out uh on our website and social media for it. It's a law that's been in place for quite some time now. Thank you. And like the chief said, if if if if you're on a busy highway and you can't get over it, then you just have to slow down when you go by and it's for the people's safety uh or officer safety, the people that are stranded safety. So, and it's been on the books for a long time. Anybody else have any questions? Roll call vote, please. Mr. Schmidt, yes. Miss Barry, yes. Mr. Salamanca, yes.

Mr. Martin, yes. And Mr. Simon, yes. I think we'll see this in two weeks. Yes. Uh, ordinance number two, please. Three. Uh, three, please. Sorry. Mr. Mayor, Mr. Salamanca. A motion to receive, file, consider, and pass for the first time an ordinance amending the city of Wateroo traffic code by unreserving section 421 and adding a new section 421 use of electronic device while driving. Second motion and a second on the floor. Does anyone from the audience wish to speak to uh ordinance number three? [clears throat] Seeing none, councel, any questions about this? We're just marrying the state code. [snorts] Seeing none, roll call vote, please. Mr. Schmidt,

yes. Miss Barry, yes. Mr. Salamanca, yes. Mr. Martin, yes. And Mr. Semit, yes. Thank you. Before we get into public comments, I just want to make a quick statement that we met last week with Mr. Salis regarding his development and had a constructive meeting and we're uh revamping a brand new development agreement to see that we get those houses uh on that side of town. So, uh now is the time for public comments. Uh please approach the podium, state your name and address and uh what you might have to talk about as long as they're not any items that were on tonight's agenda.

My name is James B. Robersonson. I live at 1555 New Street in Waterloo, Iowa. And what I'm here to speak about is code enforcement. I've been continually harassed being told that I cannot park in my own driveway because I don't have a hard surface driveway. They're telling me you change um with the change of the code of ordinances that I now have to have a hard surface driveway. Well, if um I've done the history on the property, number one, it was built in 1951, approved without a hard surface driveway. When it was marketed to my parents in 1963, about what 6 months ahead of the 1964 Civil Rights Act, um they were told it was legal. City enacted the first code of ordinances in 1969. I've went back and reviewed that and part of the original reading was um you know you don't have parking you don't allow parking in the front yard but on the other side of town where that was already existing they said they would wave that because it would present those people with an undue hardship. Now stepping back I got ahead of myself a little bit. When my parents first came to town in 1947, people of color by law were not allowed to buy property except starting with the triangular area of the corner of East Fourth Street and Summer Street up to the corner of Mobile

down to the railroad tracks. Now, none of those properties had a hard surface driveway throughout the 60s. Um, and then came I'm getting ahead of myself. Again, I apologize. Then they passed the 1964 Civil Rights Act where where I live at. That was a restricted district. Again, a force enforced by the law. People of color or any anything other than Caucasian were not allowed to buy those properties. And my parents bought what they could afford. They bought where they were allowed to buy. And it was considered legal. passed the code of ordinances in 1969 and you said you got to have a hard surface driveway, but nobody considered it a problem because we never saw code enforcement in the 60s. We never saw code enforcement in the 70s. We never saw code enforcement in the 80s. We didn't see code enforcement until right before the 2000s when the um historic price of scrap metal went skyhigh according to the US government's own chart historic metal charts. Then now all of a sudden we're illegal. Um a year ago my time up.

Yes sir. Could I get somebody to speak to that because this is becoming real serious. I don't know if you're prepared to speak to that, David, since you're chilling in. Who? Our city attorney, Mr. Peterson, is off on medical. So, if you would like to touch back with our legal office in about a week and a half, he would be the person to talk to. I went in and spoke with him three times and and he told you what? Basically, more or less, he blew me off. You know, I've had an opportunity to sir. Your your your time is I'm just giving you the options. Okay. Yeah. But I'm going to tell you all what the options are. I've looked at

again your your your time is up. You can you can contact Mr. Peterson's office in a week and a half and ask to have a meeting with Mr. Peterson and myself. No, I'm just you're I want to do right by you, sir. And and we and we will. But if you want to have a if you felt you've been blown off by Mr. Peterson. And uh I'm not saying you were or weren't. I'm just saying that I'm willing to meet with you and Mr. Peterson when he comes back. I think it should be a group cuz I've got over 50 people. Well, I'm we're willing to meet with you and Mr. Peterson to address your concerns. So should the rest of them come to the council meeting. That's that that's that's their prerogative, sir. Okay. Thank you for your for your for your comments.

Mr. Nathan, sorry I said your name, but please state your name and address.

Okay. Right. Nathan 548 Cloverdale Water. This is my first council meeting since the first of the year. I want to congratulate uh Dave Bzen on his uh becoming mayor. Congratulations. Also, I want to congratulate the uh council members for their uh time and effort that they put in to become council members. uh my little apparently the uh public comments have moved from the first part of the meeting to the end and so forth, but uh I don't know who to talk to, so I'm going to address uh the people that's here under the uh Mullen Street Bridge. There's quite a lot of debris on the north and the south side and that needs to be removed because as uh as the spring comes if we get a lot of water from above that could enhance a lot of uh lot of flooding and so forth like in in our buck stadium and and also the cow congress and on up the riverways and a lot of the people could uh be very big very concerned and right now would be a good time to do it because the water is the lowest it's ever going to be right now and so forth. So, uh, take it and move it on to the appropriate ples to get this year done if you would please.

Miss Stephan, did you catch? I did. Thank you. So, it's it it'll be addressed with public work, sir. Okay. And thank you for your comments and thank you for recognizing the council. Anybody? Just you guys just keep on doing a good job.

Well, that's that's that's our that's our goal, sir. Uh, anyone else who wish to speak to the council? May Carson 11:08 Vine and I just uh want to uh come to say I'm going to ask the community and the council the question that the great Dr. Luther Dr. Martin Luther King wrote back in 1967, "Where do we go from here? Chaos are community. We must choose between fostering a unified beloved community rooted in justice and equality or dis descend into social and economical chaos. This call for structure changes to eradicate poverty, racism, and urging solidarity across racial and class lines to realize the true democracy. And when I say when I talk about the chaos or community, we want Waterlue to be something that we can love to live in based on justice, you know, equality, opportunity, and love rather than segregation. Every time you turn around, it seems like all this backpedling. Let's move this city forward. And when I'm talking about cha, you know, chaos, let's stop all this dog on division, all this disrespect. It doesn't make any sense. This council was put here to do what the people are asking. Whether you was on council when it happened or whatever,

it's already been done. All this backpedaling needs to stop. And I want to see this city move forward because we had a little commercial back in the days. My water, my waterlue, growing up to be proud, you know, live here. I don't see it, y'all. Let's get to the business of the community. Put some love back in this community cuz all you see is hatred. It makes no sense. And some of you need to come, you know, get out and walk this community. You don't have to be in your your own uh area. Go to some of these other areas and see what's going on.

People are willing to talk. Let's get about loving Waterloo. Thank you, ma'am. Thank you for your kind comments.

Aaron Stacy Roberts, 411 on the street. And I know that in this meeting I'm learning that you're legally bound to whatever the other council members have done before. Uh, one thing that you don't want to do is be legally bound to the criminal organization that the other city councils have overlooked as well as the police who I have contacted uh, county attorneys, city attorneys. So, you don't want to become uh, uh, locked in on that because it is very much being investigated. One thing that I think that I learned from number nine tonight, what's going on over here with the courier, is that we very much do need a city manager form of government because the city manager would have had insight on what it was going to take to transform that building into that before you spent a dime. That would have saved a lot of money. Uh, and with that being said, uh, Mr. Bzen and Mr. Simon

Simon have both been a part of the advanced waterlue. Now I do have one question. I never ask questions. I come here to tell you what's going on in my life. Uh what would it take? What's the fastest route to get a city manager former government? If all the city council came together or does it have to go on the ballot? What has to happen to get a city manager?

You can do one of two things. You can you can put it on the back you can put it on a council agenda to create a city manager's position. It requires four votes. But if you want to change the form of government like the advanced waterlue talked about to have a council manager form of government where the city manager answers to the council the council hires and fires him that's a change in how we do things and that requires a referendum that requires the council to approve it to put it on a referendum and have the citizens vote on it and let the citizens vote to decide if they want to have a city manager or not. With that being said, I'm going to ask that the citizens of Waterlue do your own research on the advantages and disadvantages, if you find any, on having a city manager form a government. What you'll find is that the $300,000 and the $25,000 a month we had to pay to stay here possibly would have never happened had we had a city manager form of government. So look into it, the constituents, and I wish that Miss Smith wouldn't have turned off because she's I'm in her ward, and I would like to have been able to communicate with her about it. And the rest of you all, uh, your constituents, you need to call your city council members. And if they don't want a city manager, former government, it might be because they're a part of this ongoing criminal organization that's able to fund this money where they want it. And that's what makes projects like this uh, get fueled. Have a good evening.

Thank you for your comments, sir. Does anyone else wish to address the council on non-aggenda related items? Thank you. State your name and address.

Hi, I'm Becky Miller. I'm a member of the promotions and organizational council for Main Street Waterlue at 512 Malberry Street. Um so we just wanted to share um some information for you. We have an upcoming community input town hall on Wednesday, March 11th at 5:30 at the Waterlue Convention Center. And at this meeting, uh they will review the results of a recent survey conducted by Main Street Waterlue and they are looking for uh additional community comments for the betterment of downtown Waterlue. So you are encouraged to attend and if you can do so, please RSVP. There is a Facebook event on Main Street Waterlue's page that you can RSVP at or you can call the Main Street Waterlue office as well. And then coming up tomorrow night, Tuesday, March 3rd, there will be a gathering at Single Speed at 5:30 focusing on networking and relationship building skills for a small business. So the the session will dig into how to create meaningful connections instead of just collecting business cards that live forever in a desk drawer. and you'll learn how to show up with purpose, follow up without feeling awkward, and position yourself as someone people can remember and recommend. And that is being put on um by Main Street Waterlue and with support of US Bank. Um so if you can and you want to attend, just register um at Main Street Waterlue's website or Facebook. Thank you.

Thank you, ma'am. Thanks. Thank you for all Main Street does, too.

Anyone else wish to speak? Mr. Dryer. David Dryer, 3145 West 4th Street. Uh, I want to compliment the present council for giving me answers because I don't ask a question so that just I know I can I can communicate with you and get that I I say that I ask the question for the people out in TV land so that and there are a lot more of them out there than than one realizes so that they get the same answer I'm asking and I want to know. Um, however, I will say that that I have with the new council and the past council communicated with all of you. I think you're getting my emails and there's only one person that usually answers. Well, I I do the city website thing for what your address is there. Um, I will check it, make sure I've got the update one, but anyway, uh, only one person responds back, so maybe he's the only one getting my email. Uh I hope that that if you are getting my email, I will check the addresses, but I hope that if you uh are getting it, I would hope that you start responding and for sure up here because that gets it out to the rest of the public and then they understand what the council is going through, what the council says, what what's happening in the city. Thank you,

Mr. Dryer. I'm going to put Mr. Young blood on the spot because I ask him, look at him stare, I ask him to create an all council email. So you just click on that and it'll go to all seven of them. You don't have to worry about putting the individual addresses on. You don't have to worry if you have the right address because he created that. So all you have to do is just click on all council. Fantastic. Thank you. And that was a that was a citizen's request and we oblig we obliged and and now you don't have to go through and put individual names in. I hate I'm I'm sorry sir but you only are allowed to come and speak once Yes sir.

Well he spoke during the regular meeting. He this is his first time for public comments. Anyone else in the audience wish to speak in public comments? Seeing none, council. Does anyone on the council have anything to say? Mayor point personal privilege if I may. Well, you turn to speak.

I definitely want to say to you, Miss uh Renee, that I appreciate what you said, too. And and Mr. Dwire, um I I think that everyone on this dis here, we we all want Waterlue to be a great place to live. I'm hoping. I think so. in in our own ways. But I think you're absolutely right. We need to do a better job of promoting our city and being the example for our city and in terms of that neighborly, you know, respect for one another, too. And if I could, Mr. Mr. Mayor, I just would like to I don't I'm not sure what actually occurred with um Councilwoman Kraton Smith, but I'm hoping uh Randy you could uh find, you know, check and see if there was some kind of miscommunication with the

Chris. Chris. Oh, who did I say? Randy. You said I've been calling you Randy since I've been here. I call him Randy, too. So, don't worry about Randy. I'm sorry, Chris. I'm sorry, Chris. I answered anything. and and you've been letting me call you Randy, too, by the way, but that's okay. But anyway, somehow, if you could reach out and and to her on that because I feel like, you know, she's been she was elected like the rest of us and I feel sad that she felt whatever she felt. So, please, Chris, if you would, that she felt so frustrated she had to leave.

That she had to leave. Yeah. It's it that should not have happened cuz as as the young man said or you know that is his council woman and to be in that feel that uh level of frustration because of some kind of miscommunication with her muting you muting I don't know how that works but maybe we can fix it Chris. Thank you. Anyone else? Mr. Mayor

just quick quick question. And I don't know if the city clearer can answer this, but you know, it's been six years since I was previously on the council. I know we've got a majority new council here and we've got the newest council member sitting out in the audience that'll be joining us next meeting. My remembrance when I was on council is council member cannot leave a meeting in the middle of a meeting. Uh, so I think we should establish that so we're all operating on the same page because I know in the past when I was on the council due to business situations or whatever, okay, I'm going to be gone, but I can call in and I don't have to leave in the middle of it. And the count or the city attorney at that time said that's not an option. You need to be there for the whole meeting or not there. And I don't care. But there was one u late motion there that we couldn't even I I didn't even get a chance to vote down the second reading because we didn't get to it. Pretty disappointing.

Why am I here? What the What's my purpose? Yeah. But so anyhow, I I just like to have clarity. So if you know the answer or if you don't, we could have Marty next two weeks. But yeah, I I don't want to just speak off the cuff. So let me let me take a look at our city code because it might address it right and then I can let everybody know. Perfect. Thank you. Appreciate that. Thank you. Anything else, sir? No, sir. Any other council people have anything to say? Mr. Mr. Salamaka, we just got back from Mexico. [cough]

So, [clears throat] I just want to take a minute. Is it 3 minutes? Last time I timed it was roughly how much each council member has to speak. So, from that being said, one of the things I wrestle with when I'm on council is are we not supposed to be better than the folks that were supposed to lead? We were elected for a reason. Part of that is enforcing etiquette. Part of that is enforcing cordiality. Part of that is ensuring that we hold each other accountable, not just as council people, but as neighbors and as citizens. Now, what I struggle with is as a council member and as the youngest council member on the current council, I do not raise my voice. I do not yell. I do not get angry because I was elected by the citizens of Ward Five to make sure I was able to articulate my concerns, my complaints, my words of support and words of encouragement without getting frustrated. Being just returning, as the mayor said, from my home country of Mexico and seeing the state of things that are there, it's difficult. But I firmly believe that if you're an elected official, it is your duty and you swore an oath to make sure that you communicate in a way that is empowering to the people that voted for you. This isn't national politics. This isn't DC. I am your neighbor. For some of you, I'm your friend. For others, I'm your elected official. Regardless, I live and breathe in this community. and being a recent immigrant, being a recent transplant to the city of Wateroo, we should all be able to have disagreements in a cordial and respectful manner. If I can do it at the age of 32, having grown up in different learning a different language, but learning Iowa values, then I think we should all be able to do that. We should all be able, even if we

disagree, sit down and have cordial conversations. And that is what I leave the citizens of Warloo with today is that I firmly believe whether or not you agree with me, I can sit down with you and have a cup of coffee. And I've extended that invitation time and time again to folks that may or may not agree with me. So I once again, as I've said all the city council meetings I've been at, if you have any questions, if you have any concerns, please email me, please call me, please reach out by Facebook, mail, pigeon, carrier bird, whatever you want to do, I'm more than happy to meet with you. But what I will not tolerate is disrespect or a violation of cordiality and decorum because that is what Robert's rules of law are for. We are supposed to hold each other accountable. We are supposed to ensure that us as council members strive for something greater than ourselves. So with that, thank you Mr. Mayor.

Thank you. Thank you for those for those inspirational words. Does anyone else have anything to say? For the good of the of the council, for the good of the city of Wateroo. With that, I'll take a motion to adjurnn. I'd like to make a motion to adjurnn. Motion second. All in favor? I oppose. We are adjourned. Thank you. And thank you for everyone for coming and sitting through the council meeting tonight.