WATERLOO CITY COUNCIL

Regular Meeting Agenda Date: February 23, 2015

Time: 7:30 p.m.

1. Call to Order.

2. Roll Call.

3. Pledge of Allegiance.

4. Correction or Withdrawal of Agenda Items by Sponsor.

5. Approval of Minutes as Written or Amended.

6. Petitions by Citizens on Non-Agenda Items.

7. Reports and Communications from the Mayor and other City Officers. A. Report of Collector. B. Report of Treasurer. C. Report of Zoning Administrator. D. Report of Building Inspector / Code Administrator. E. Report of Director of Public Works. F. Report of Chief of Police. G. Report of City Attorney. H. Report and Communication by Mayor.

1. Re-Appointment of Mrs. Sandy Ziebold to the Planning Commission for the Remainder of a Three-Year Term to Expire on September 01, 2017.

2. Appointment of Mr. Jared Nobbe to the Library Board for the Remainder of a Three-Year Term to Expire on July 01, 2017.

8. Report of Standing Committees.

9. Report of Special Committees.

10. Presentation of Communications, Petitions, Resolutions, Orders and Ordinances by Aldermen. A. Consideration and Action on Resolution No. 15-04 Authorizing the Execution of Amendment

No. 1 to the PCS Site Lease Between the City of Waterloo, Illinois and Sprint Spectrum L.P. Related to Term Extension and Water Tower Removal or Replacement.

B. Consideration and Action on Ordinance No. 1677 Authorizing an Amendment to the City of Waterloo, Ilinois Revised Code of Ordinances, Chapter 40 Zoning, Section 40-1-15 Definitions and Section 40-2-3(B) by the Addition of Brew Pubs, Spirits Pubs, Wine Pubs and Dram Shops as a Permitted Use in the B-3 Central Business District.

11. Unfinished Business.

12. Miscellaneous Business. A. Consideration and Action on the St. Paul UCC CROP Hunger Walk Route to be held at 9:00 a.m.

on Saturday, April 25, 2015. B. Consideration and Action on Approval of Vandevanter Engineering for Replacement of Lift

Station Alarm Monitoring System in the Amount of $37,462.00. C. Consideration and Action on the Authorization for the Mayor to sign the IEPA Permit for the

Legacy Memory Care Facility.

13. Discussion of Matters by Council Members Arising After Agenda Deadline.

14. Motion to Adjourn.

DATES TO REMEMBER March 02, 2015 – City Council Meeting, Waterloo City Hall: Council Chambers, 7:30 p.m. March 09, 2015 – Planning Commission Meeting, Waterloo City Hall: Council Chambers, 7:30 p.m. March 10, 2015 – Sister Cities Meeting, Waterloo City Hall: Front Conference Room, 7:00 p.m. March 11, 2015 – Minister’s Meeting, Waterloo City Hall: Second Floor, 8:00 a.m. March 11, 2015 – Park District Meeting, Waterloo City Hall: Front Conference Room, 7:00 p.m. March 12, 2015 – Violence Prevention Meeting, Waterloo City Hall: Second Floor, 4:00 p.m. March 16, 2015 – City Council Meeting, Waterloo City Hall: Council Chambers, 7:30 p.m. March 17, 2015 – Garden Club Meeting, Waterloo City Hall: Front Conference Room, 6:30 p.m. March 18, 2015 – Discover Historic Waterloo, Waterloo City Hall: Front Conference Room, 7:00 p.m. March 19, 2015 – Zoning Board of Appeals Meeting, Waterloo City Hall: Council Chambers, 7:30 p.m. March 23, 2015 – City Council Meeting, Waterloo City Hall: Council Chambers, 7:30 p.m.

MINUTES OF THE CITY COUNCIL MEETING

FEBRUARY 17, 2015

1. Call to Order. The meeting was called to order by Mayor Tom Smith.

2. The following Aldermen were present: Notheisen, Thomas, Hopkins, Trantham, Metzger and Heller. Aldermen Frederick and Koerber were absent.

3. Pledge of Allegiance.

4. Correction or Withdrawal of Agenda Items by Sponsor. None. 5. Approval of Minutes as Written or Amended. Motion made by Alderman Heller and seconded by Alderman Hopkins to approve February

02, 2015, 7:30 p.m., City Council Meeting Minutes. Motion passed unanimously with Aldermen Heller, Notheisen, Thomas, Hopkins, Trantham and Metzger voting yea.

6. Petitions by Citizens on Non-Agenda Items. None.

7. Reports and Communications from the Mayor and other City Officers.

A. Report of Collector. The report is in the packet. Motion to accept the report made by Alderman Notheisen

and seconded by Alderman Metzger. Discussion. November sales tax and video gaming revenue were both up. Motion passed unanimously with Aldermen Notheisen, Thomas, Hopkins, Trantham, Metzger and Heller voting yea.

B. Report of Treasurer. The report is in the packet. Motion to accept the report made by Alderman Metzger

and seconded by Alderman Heller. Motion passed unanimously with Aldermen Metzger, Heller, Notheisen, Thomas, Hopkins and Trantham voting yea.

C. Report of Zoning Administrator. No report. D. Report of Director of Public Works. Tim Birk reported the snow plowing which lasted 6-7 hours Monday was overtime due

to President’s Day. Ameren is working on the odor injector problem in Westview Acres and all the residents living there will be called.

E. Report of Chief of Police. No report. F. Report of City Attorney. No report. G. Report and Communication by Mayor.

1. Mayor Smith read the Proclamation for National Teen Dating Violence

Awareness and Prevention Month. Karen Schaller addressed the Council and distributed ‘Teen Dating Violence Basics’ and explained the Violence Prevention Center’s services.

2. Appointment of Mr. Bill Boothman to the Zoning Board of Appeals for a five-

year term to expire on February 1, 2020. Approval was unanimous with Aldermen Notheisen, Thomas, Hopkins, Trantham, Metzger and Heller voting yea.

February 17, 2015 – CITY COUNCIL MEETING MINUTES Page 2

3. Appointment of Mr. Ronald Hagenow to the Zoning Board of Appeals for a

five-year term to expire on February 1, 2020. Approval was unanimous with Aldermen Notheisen, Thomas, Hopkins, Trantham, Metzger and Heller voting yea.

4. Recognition of Mr. Dennis Rippelmeyer for his eighteen years and five months

of service to the Zoning Board of Appeals.

8. Report of Standing Committees. None. 9. Report of Special Committees. None. 10. Presentation of Communications, Petitions, Resolutions, Orders and Ordinances by Aldermen.

A. Consideration and Action on Ordinance No. 1676 Approving the Disposal of Surplus

Personal Property – Vehicles. Motion made by Alderman Metzger and seconded by Alderman Heller to approve

Ordinance No. 1676 Approving the Disposal of Surplus Personal Property – Vehicles. Motion passed unanimously with Aldermen Metzger, Heller, Notheisen, Thomas, Hopkins and Trantham voting yea.

11. Unfinished Business. None. 12. Miscellaneous Business.

A. Consideration and Action on Donation to the Waterloo Fire Department Memorial Bell

Plaza in the Amount of $500.00 for 12” x 12” Tribute Paver to be paid out of the Downtown Beautification/Video Gaming Fund.

Motion made by Alderman Notheisen and seconded by Alderman Hopkins to approve a donation to the Waterloo Fire Department Memorial Bell Plaza in the amount of $500.00 for a 12” x 12” Tribute Paver to be paid out of the Downtown Beautification/Video Gaming Fund. Motion passed unanimously with Aldermen Notheisen, Thomas, Hopkins, Trantham, Metzger and Heller voting yea.

B. Consideration and Action on Temporary Street Closure Request for a Porta-

Westfalica Parade to be held on June 16, 2015 at 6:00 p.m. with closures beginning at Gibault High School for Columbia Ave, Main St., Third St. to Library St., including all intersections.

Motion made by Alderman Hopkins and seconded by Alderman Heller to approve the Temporary Street Closure Request for a PortaWestfalica Parade to be held on June 16, 2015 at 6:00 p.m. with closures beginning at Gibault High School for Columbia Ave, Main St., Third St. to Library St., including all intersections. Motion passed unanimously with Aldermen Hopkins, Trantham, Metzger, Heller, Notheisen and Thomas voting yea.

C. Consideration and Action on Approval of Virginia Transformer as Low Bidder in the

amount of $255,632.00 for Two (2) Electric Pad Mount Transformers from the Bid Opening held on Monday, February 9, 2015.

Motion made by Alderman Metzger and seconded by Alderman Notheisen to approve Virginia Transformer as low bidder in the amount of $255,632.00 for two (2) Electric Pad Mount Transformers from the Bid Opening held on Monday, February 9, 2015. Discussion. Tim Birk reported this bid is below budget and explained the new transformers will reduce the arc flash under regulations per OSHA. Motion passed unanimously with Aldermen Metzger, Heller, Notheisen, Thomas, Hopkins and Trantham voting yea.

February 17, 2015 – CITY COUNCIL MEETING MINUTES Page 3

D. Consideration and Action on Civil Site Improvement Plans for the Legacy Memory

Care Facility. Motion made by Alderman Heller and seconded by Alderman Hopkins to approve the

Civil Site Improvement Plans for the Legacy Memory Care Facility. Discussion. The approval letter from HMG is on file. Motion passed unanimously with Aldermen Heller, Notheisen, Thomas, Hopkins, Trantham and Metzger voting yea.

13. Discussion of Matters by Council Members Arising After Agenda Deadline.

Mayor Smith reminded the Council of the presentation of the history of the buildings in Waterloo at City Hall by the Gibault students Wednesday, February at 6:30 p.m.

14. Motion to Adjourn. Motion made by Alderman Notheisen and seconded by Alderman Heller

to adjourn. Motion passed by unanimous voice vote. Mayor Smith adjourned the meeting at 7:50 p.m.

Barbara Pace, CITY CLERK

2015 YTDViolations Found: Jan Feb March April May June July Aug Sept Oct Nov Dec Total 2014 TotalSmoke Detectors 3 3 6 49GFI's 3 2 5 44General Cleaning 3 2 5 45Carbon Monoxide Detectors 3 2 5 47General Repairs 3 1 4 49Walls Around Tub/Shower 1 1 2 27Windows/Operation 0 1 1 11Interior Walls 0 1 1 12Screens/Windows 0 1 1 19Correct Exterior Locks 0 1 1 5Receptacles 0 1 1 25W/H Wired Correctly 0 1 1 3Dryer Vents 2 0 2 18Flooring Hazards 2 0 2 17Handrails 2 0 2 21Plumbing 2 0 2 46Electrical Conditions 1 0 1 30Out Buildings 1 0 1 10Exterior/Maintained 1 0 1 14Exterior/Weather Tight 1 0 1 17Property/Clean 0 0 0 12Exterior Doors/Sealed 0 0 0 9Gutters/Downspouts 0 0 0 14W/H Pressure Relief Valve 0 0 0 11W/H Vented Correctly 0 0 0 1Skirting On Trailers 0 0 0 1Fire Extinguisher 0 0 0 1

As Of 2/6/15 Total 28 17 45

2014 Total 35 20 61 57 30 59 72 45 51 43 31 32 5362013 Total 6492012 Total 6532011 Total 6172010 Total 7952009 Total 998

Code Administrator

2/20/2015

Code Administrator2015 YTDRental Inspections Made:

Jan Feb March April May June July Aug Sept Oct Nov DecAs of 2/20/15 11 8 19

2014 20 14 24 31 20 29 33 18 23 28 13 12 2652013 2672012 2622011 2392010 3332009 291

Building Inspector2015 YTDNew Construction Inspections Made (to be made):

Jan Feb March April May June July Aug Sept Oct Nov DecAs of 2/20/15 21 0 21

2014 12 17 25 27 19 26 31 30 21 31 20 24 2832013 2052012 2202011 1972010 2542009 189

Dumpster/POD Permits Issued:Jan Feb March April May June July Aug Sept Oct Nov Dec

As of 2/20/15 7 2 92014 3 1 2 13 8 13 18 5 14 12 12 6 107

6 Violation Letters Sent Out

Site Name: City of Waterloo Tank Site ID #: ST03XC100

AMENDMENT NO. 1 TO PCS SITE LEASE

This Amendment No. 1 (“Amendment”), effective as of the date last signed below (“Effective Date”), amends a certain PCS Site Lease between Sprint Spectrum Realty Company L.P.as successor in interest to Sprint Spectrum L.P. (“Tenant”) and City of Waterloo (“Owner”), dated November 4, 1996 the “Agreement”).

BACKGROUND The Agreement will expire on November 18, 2016 Tenant and Owner desire to extend the term of the Agreement, as set forth herein.

AGREEMENT

In consideration of the mutual promises between the parties and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Owner and Tenant agrees as follows: 1. Term Extension. Notwithstanding the provisions of Section 3 of the Agreement, the term of the Agreement will be extended for (5) five additional renewal terms of 5 years each (“Additional Renewal Terms”), commencing upon expiration of the last remaining Renewal Term of the Agreement, under the same terms and conditions as are set forth therein, and as otherwise amended. The Agreement will automatically be extended for each successive Additional Renewal Term unless Tenant notifies Owner of its intention not to renew prior to commencement of the succeeding Additional Renewal Term. 2. Notices. Section 7 of the Agreement is amended to include the following. All notices must be in writing and are effective only when deposited in the U.S. mail, return receipt requested and postage prepaid or when sent via overnight delivery service. Notices to Tenant are to be sent to: Sprint Spectrum, Sprint Property Services, Mailstop KSOPHT0101-Z2650, 6391 Sprint Parkway, Overland Park, Kansas 66251-2650, with a mandatory copy to: Sprint Law Department, Mailstop KSOPHT0101-Z2020, 6391 Sprint Parkway, Overland Park, Kansas 66251-2020, Attn.: Real Estate Attorney.

3. Notwithstanding anything contained herein, or in any agreement, to the contrary, Sprint acknowledges that the City of Waterloo, Illinois does not guarantee that there will be no interference with its signal caused by any other entity utilizing the water tower for cell transmissions, including but not limited to Verizon. Sprint agrees to cooperate with any other entity, including but not limited to Verizon, in preventing and/or eliminating interference between users.

4. Notwithstanding anything contained herein, or in any agreement, to the contrary, it is understood and agreed that this lease terminates at such time as the water tower is no longer in existence. The City agrees to give Sprint Spectrum L.P. 180 day notice if the water tower is voluntarily removed by the City of Waterloo. In the event the water tower is replaced, the agreement will continue under all of its terms, at the replacement water tower, unless Sprint is unable, for technical reasons, to utilize the replacement water tower. 5. General Terms and Conditions. (a) All capitalized terms used in this Amendment, unless otherwise defined herein, will have the same meaning as the terms contained in the Agreement.

(b) In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained in this Amendment, the terms and conditions herein will control. Except as set forth below, all provisions of the Agreement are ratified and remain unchanged and in full force and effect. (c) This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. (d) Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Amendment. (e) Owner agrees to execute and deliver to Tenant a Memorandum of Agreement in the form annexed to the Agreement as Exhibit C, as modified to show the Additional Renewal Terms and acknowledges that Tenant may record the Memorandum of Agreement in the official records of the County where the Site is located. The parties have executed this Amendment as of the Effective Date.

Owner: Tenant: City of Waterloo Sprint Spectrum Realty Company, L.P.,

a Delaware limited partnership

By: By: Name: Thomas G. Smith Name: Title: Mayor Title: Date: February 23, 2015 Date:

CITY OF WATERLOO, ILLINOIS

ORDINANCE NO. 1677

AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CITY OF WATERLOO REVISED CODE OF ORDINANCES, CHAPTER 40 ZONING, SECTION 40-1-15 DEFINITIONS AND SECTION 40-2-3(B) REGARDING BREW PUBS, SPIRITS PUBS, WINE PUBS AND DRAM SHOPS

Adopted by the

City Council of the

City of Waterloo, Illinois this 23rd day of February, 2015

Published in pamphlet form by authority of the City Council of the City of Waterloo, Illinois, this 24th day of February, 2015.

ORDINANCE NO. 1677

AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CITY OF WATERLOO REVISED CODE OF ORDINANCES, CHAPTER 40 ZONING, SECTION 40-1-15 DEFINITIONS AND SECTION 40-2-3(B) REGARDING BREW PUBS, SPIRITS PUBS, WINE PUBS AND DRAM SHOP. WHEREAS, the City Council of the City of Waterloo, Illinois requested in writing that Chapter 40 known as the Zoning Code of the City of Waterloo, Illinois be amended as herein provided: and WHEREAS, the Planning Commission of the City of Waterloo, Illinois met on February 9, 2015 to review the Proposed Amendment and made a positive recommendation thereon; and, WHEREAS, after due notice of a public hearing, the Zoning Board of Appeals of Waterloo, Illinois met on February 19, 2015 to review and hear evidence with respect to the Proposed Amendment and made a positive recommendation thereon; and, WHEREAS, the recommendations of the Planning Commission and the Zoning Board of Appeals have been considered with respect to the Proposed Amendment. NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Waterloo, Illinois as follows:

SECTION ONE. Chapter 40 Zoning, Section 40-1-15 Definitions shall be amended to include the following:

ALCOHOLIC LIQUOR Includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. BREW PUB A person who manufactures beer only at a designated premise for use and consumption only, who stores alcoholic liquor at the designated premise and who is allowed to sell alcoholic liquor and or food at retail for the licensed premise provided that the licensee shall not sell for off-premises consumption more than 50,000 gallons per year or as specified by the Statutes of the State of Illinois (235 ILCS 5/1-3.33). A brew pub operator must obtain the appropriate Federal, State and City of Waterloo liquor licenses. SPIRITS PUB A person who manufactures spirits only at a designated premise for use and consumption only, who stores alcoholic liquor at the designated premise and who is allowed to sell alcoholic liquor and or food at retail for the licensed premise provided that the licensee

shall not sell for off-premises consumption more than 50,000 gallons per year or as specified by the Statutes of the State of Illinois (235 ILCS 5/1-3.33). A spirits pub operator must obtain the appropriate Federal, State and City of Waterloo liquor licenses. WINE PUB A person who manufactures wine only at a designated premise for use and consumption only, who stores alcoholic liquor at the designated premise and who is allowed to sell alcoholic liquor and or food at retail for the licensed premise provided that the licensee shall not sell for off-premises consumption more than 50,000 gallons per year or as specified by the Statutes of the State of Illinois (235 ILCS 5/1-3.33). A wine pub operator must obtain the appropriate Federal, State and City of Waterloo liquor licenses.

SECTION TWO. Chapter 40 Zoning, Section 40-2-3(B) General Zoning Districts

Regulations, B-3 Central Business District - Permitted Uses shall be amended to read as follows:

B-3 Central Business District Permitted Uses Amusement and recreation uses, interior. Any uses permitted in the B-1 District. Assisted Living. Bed and Breakfast establishments. Brew Pubs. Bus terminals. Cultural and Philanthropic uses. Dram Shops i.e., taverns lounges, bars. Financial Institutions. Food stores. Funeral Homes. Furniture and household goods. General merchandise/apparel. Government offices. Movie theaters. Personal services uses. Pet shops. Professional service uses. Printing shops. Restaurants. Retail Liquor sales. Sale of specialized and general services, goods, merchandise, furnishings and equipment. Satellite/extension/technical schools. Spirits Pubs Wine Pubs

SECTION THREE. All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.

SECTION FOUR. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.

PASSED this 23rd day of February, 2015, pursuant to a roll call vote as follows: YEAS: _______________________________________________________________________

NAYS: _______________________________________________________________________

ABSENT: ____________________________________________________________________

ABSTENTION: _______________________________________________________________

APPROVED by me this 23rd day of February, 2015. _____________________________ THOMAS G. SMITH, Mayor City of Waterloo, Illinois

ATTESTED, filed in my office, and published in pamphlet form this 24th day of February, 2015. ____________________________ BARBARA PACE, City Clerk City of Waterloo, Illinois