HomeMy WebLinkAboutMinutes-09/04/2018 COUNCIL WORK SESSION
September 4, 2018
4:25 p.m.
Harold E. Getty Council Chambers
Members present: Morrissey, Klein, Amos, Schmitt, and Juon. Mr. Jacobs arrived at 4:52 p.m.
Moved by Juon seconded by Schmitt that the Agenda, as proposed, be approved. Voice-vote
Ayes: Five. Motion carried.
Objective: Update on University Avenue Project
Michelle Sweeney, AECOM, provided an overview of the phasing selection for the 2019
construction season for the University Avenue Construction project. She explained that the
biggest difference between selecting the west section over the east section is bid letting,
construction schedule, and right-of-way acquisitions would be pushed back. She explained that
the acquisition process has already taken place and they have acquired six so far. If acquisitions
are not complete they could proceed but it would delay construction until they do acquire the
property or they can carry out a condemnation process against the property owners in order to
acquire the property and keep construction timing on track.
Mr. Schmitt questioned if doing the west first would have a positive effect on the RISE grant as
it would give more time to work on the east.
Michelle Sweeney explained that the council would need to decide whether they want to
continue with moving forward with the east section of construction or doing the west section
next in conjunction with a condemnation process.
Mr. Amos questioned what happens if a property owner contests the condemnation process.
Michelle Sweeney explained that that the condemnation process would allow the city to obtain
the easement without the property owner's consent.
Mr. Schmitt questioned who takes the lead on the acquisition process.
Michelle Sweeney explained that the city takes the lead on the acquisition process.
Mrs. Juon questioned which properties are going to be adversely impacted by the easement or
condemnation process.
Michelle Sweeney explained that the construction process itself is the main impact.
Mr. Morrissey questioned if property owners are resistant to the acquisition process.
Michelle Sweeney explained that that nearly all of the property owners have been responsive.
Mr. Morrissey questioned how long the west end would take.
Michelle Sweeney explained that the west portion would take approximately two years.
Mr. Morrissey questioned what the RISE Grant covers.
Michelle Sweeney explained that the RISE Grant covers the city logging site.
Noel Anderson explained that the RISE Grant would be used for business development.
Michelle Sweeney explained that it would not have an impact if the east section was selected
first for construction.
Mr. Amos questioned if the city incurs an increased cost to do the west end first would it be able
to pay for increases.
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Michelle Weidner, Chief Financial Officer, explained funding for the project.
Mr. Morrissey commented on the greater probability of delays if choosing to move forward with
west portion compared to the east.
Michelle Sweeney explained that the acquisition process will be a hurdle but they believe they
can work through the delays.
Noel Anderson explained that it seems that there has been an increased push from the public to
complete the west section next.
Mrs. Juon commented that AECOM's initial recommendation was to proceed with the east
portion first, and questioned if that is still their recommendation and if so, why.
Michelle Sweeney, explained that either section will work, but because the west portion does
include the negative connotation of the condemnation process, it can be more complicated.
Mayor Hart commented that it is important for council to make a decision because the timeline to
begin the project is at a critical stage.
Mr. Schmitt questioned if the original proposal was to do the west leg first.
Michelle Sweeney explained that it was originally proposed to do the west portion but they
decided to change it to the east in order to allow for more time to acquire easements to construct
the bike trail.
Mr. Schmitt questioned if Noel would anticipate any issues with the condemnation process.
Noel Anderson commented that it is unknown, but it is the city's goal to avoid the condemnation
process and instead work with the property owners. He further commented on the current
conversations happening with approximately nine property owners who have not yet signed the
form which allows the city proceed.
Mr. Morrissey questioned what would happen if a condemnation were appealed.
Noel Anderson explained that the property owner could appeal the money awarded at the
condemnation but the project would proceed.
Mayor Hart explained that a resolution would be on the agenda next week to authorize the
condemnation process.
Jamie Knutson, Interim City Engineer, explained the items on the agenda that council will need
to take action on in order to proceed with the west construction process.
Objective: Discussion of filling the Ward 5 Council member vacancy.
Mr. Schmitt commented that several years ago members of council followed the appointment
process and wanted to know more about how the appointment process would work.
Grant Veeder, Black Hawk County Auditor, explained that he has been working with the City
Clerk on the options council would have on how to fill the vacancy.
Kelley Felchle, City Clerk, commented that the city does not have a formally adopted policy on
how to handle filling a vacancy by appointment, and provided an overview of how other
communities have handled the issue.
Mr. Schmitt questioned the term of the individual if there was an election rather than an
appointment.
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Grant Veeder explained that if the vacancy is filled by election, the term would be for the
balance, which would be until 2021.
Mrs. Juon clarified that the deadline to appointment is October 9, 2018.
Kelley Felchle explained the timeline whereby citizens can file a petition to call for a special
election regardless of council's decision to appoint.
A considerable amount of discussion took place regarding the details of the process to fill the
vacancy. Grant Veeder explained that the information in the memo provided to council was
taken directly from Iowa State law and that it did appear to be vague and confusing. He stated
that he would clarify the points of uncertainty with the Secretary of State.
Mrs. Juon clarified that a special election could not be held until December 11, 2018.
Grant Veeder confirmed.
Mayor Hart commented that a resolution is on the agenda to call for a special election.
Mr. Schmitt questioned the appointment process should that be the direction of council and the
timing of a runoff election if required.
Kelley Felchle explained the process and the affirming vote must be at least four to two.
Grant Veeder explained the runoff election would be four weeks following the December l lth
election.
Mr. Morrissey questioned when nomination papers would have to be filed for the special
election.
Grant Veeder explained that the papers would need to be filed by November 16, 2018, twenty-
five days before the election.
Mayor Hart questioned if there is outstanding community support for an appointment outside of
those that have reached out to council stating that they want to be appointed.
Mr. Morrissey commented that he has not heard any support for an appointment.
Mrs. Juon commented that many people she has spoken to in Ward 5 said they want the privilege
of voting for their own council person.
With no further business before the Council, it was moved by Schmitt seconded by Amos that
the meeting be adjourned at 5:12 p.m. Voice-vote Ayes: Six. Motion carried.
elley F chle
City Clerk