Loading...
HomeMy WebLinkAbout07.20.2020.council minutesJuly 20, 2020 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, July 20, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Feuss, Grieder, Juon joined the meeting by telephone. Mrs. Klein was present. Prayer or Moment of Silence. Pledge of Allegiance: Margaret Klein, Ward 1 Council Member 158084 - Juon/Grieder that the Agenda, as amended by removing item 1.B.2.F, for the Regular Session on Monday, July 20, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 158085 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, July13, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, asked that items 4, 5, and 6 be removed from the consent agenda. He commented that a booking error at the convention center should be paid by the management company and not the city. Forrest Dillavou, 1725 Huntington Road, encouraged the city to stop spending money as people and businesses are hurting financially all across the city. He encouraged the city to downsize or stop hiring new employees. Todd Obadal, 124 Amity Drive, commented that it was difficult to hear or understand city employees when they were speaking during the meeting last week. He raised several questions about information that has been shared about sewage backup issues . Amy Faley, 727 Home Park Blvd., questioned if the Mayor reached out to the insurance company and the governor. She commented that several parts of the minutes stated that the words were unintelligible and that it looks like the city is purposefully trying to cover up information. Mayor Hart commented that he the city would continue to make every effort to solve the problems. He explained that he has not yet had a conversation with the insurance company but did have a conversation with the governor's office and has spoken with the Department of Homeland Management, Lorie Glover of Black Hawk County Emergency Management and Operation Threshold. He shared that the 200 percent poverty threshold cannot be unilaterally changed as the threshold was put in place by the legislature. Lori De Vries, 902 Home Park Blvd., commented that she hopes that the June 9th rain event is included in the count of homes damaged. Rikki Shaver, 727 Home Park Blvd., requested an update on the number of homes affected as the figure given by Randy Bennett last week was apparently low, she also asked how the number of homes affected are determined She commented that fewer of her neighbors are in attendance tonight because many of them are at home installing backflow preventers and that her quote for a backflow preventer was $2,000. Mayor Hart questioned if we have an update as to the number of homes affected. Randy Bennett, Public Works Division Manager, commented that city wide, 87 homes were affected, with 39 of those being in the Home Park area. Sharon Juon questioned if the city has updated numbers as of June 9th. Randy Bennett stated there were 16 homes affected. Sharon Juon questioned if these were complaints called in by residents. July 20, 2020 Page 2 Randy Bennett confirmed that it was from people calling in. Mayor Hart commented that it was the governor's office who chose the June 22nd start date. Dave Boesen strongly suggests that anyone who has not yet reported water damage on those dates, do so. Randy Bennett commented that the number to report water damage is 319-291-4553. Mrs. Klein encouraged people to call the city to alert them about backup issues so that we can better understand where issues are occurring. She explained that while walking through Precinct 5 of Ward 3 this week, she learned that the 600 and 700 block of Hickory Street has also experienced flooding. She also encouraged citizens to check on their storm sewer intakes in their neighborhoods. Mr. Morrissey commented that the city has $80,000 in CIP allocated to the Dunsmore House and encouraged the Mayor to apply pressure to repair the historical house. He reminded citizens that this is the week that RAGBRAI was supposed to come to Waterloo. Experience Waterloo is hosting W.A.G.R.A.W. (Waterloo Annual Great Ride Around Waterloo) and provided an overview of the event. He also encouraged everyone to wear a mask. Mayor Hart shared that Waterloo is at 65.6 percent self -report rate for the U.S. Census compared to the state average of 68.1 percent. He shared that reminder post cards are being sent out to households who have not responded at the end of this week. He then explained the importance of participating in the census and the financial impact it has on the community. 158086 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 158087 - Juon/Morrissey that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated July 20, 2020, in the amount of $4,807,037.75, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2020-539. 2. Resolution approving an order accepting Acknowledgment/Settlement Agreement and check in the amount of $300.00, from Guddi Mart, 306 Byron Avenue, Waterloo, Iowa 50702, for tobacco sale to minor violation, first offense. Resolution adopted and upon approval by Mayor assigned No. 2020-540. 3. Resolution approving Variance to Noise Ordinance request from Charles Pearson, in conjunction with the Cedar Valley African American Heritage and Music Festival to be held at the African American Museum and Cultural Center, located at 1320 E. 4th Street, on September 5, 2020, from 9:00 a.m. to 5:00 p.m., including a P.A. system with speaking presentations and four live bands performing between 11:00 a.m. and 4:00 p.m. Resolution adopted and upon approval by Mayor assigned No. 2020-541. 4. Resolution award to the bid to Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $73,624.44, and approving the contracts, bonds and certificate of insurance, in conjunction with Airline Terminal Building Improvements, Waterloo Regional Airport, No. 9 I 190 ALO 200 Iowa DOT Aviation Bureau Contract No. 20601, and authorizing the Mayor and City Clerk to execute said documents. July 20, 2020 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2020 5, Resolution approving award to the bid to Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $105,213.75, and approving the contract, bonds, and certificate of insurance, 9 I 200 ALO 200 Iowa DOT Aviation Bureau Contract No. 21613, and authorizing the Mayor and City Clerk to execute ,aid documents Resolution adopted and upon approval by Mayor assigned No. 2020 6: Resolution authorizing an exception to the City of Waterloo purchasing procedures, to approve the purchase of one (1) 2021 Pierce Enforcer Triple Combination Pumper from Reliant Fire Apparatus, Inc. of Slinger, WI, in the amount of $660,750. Resolution adopted and upon approval by Mayor assigned No. 2020 7. Resolution approving award bid to KW Electric, of Cedar Falls, Iowa, in the amount of $369,940.70, and approving the contract, bonds, and certificate of insurance in conjunction with the West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements Project, Iowa DOT grant project number CS-TSF-8155(762)--85-07, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-542. 8. Resolution approving Completion of Project and Acceptance of Work for work performed by Woodruff Construction LLC of Waterloo Iowa, at a total cost of $895,190.03 in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-543. 9. Motion approving Final Quantity Summary for a net increase of $45,677.63, in conjunction with the FY 2019 Sidewalk & Trail Repair Program - Zone 9, Contract No. 969, and authorizing the Mayor and City Clerk to execute said document. 10. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Lodge Construction, Inc., of Clarksville, Iowa, at a total cost of $446,441.50, in conjunction with the FY 2019 Sidewalk & Trail Repair Program - Zone 9, Contract No. 969, and receive and file two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2020-544. 11. Resolution approving request of Colleen Hansen for a waiver for an asphalt driveway, located at 1005 Belle Street, and authorize the construction of a asphalt driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2020-545. 12. Resolution approving request of Tracy Jones for a waiver for a concrete driveway, located at 1025 Gilbert Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2020-546. 13. Resolution setting date of public hearing as August 3, 2020 to approve the request of Greg Steffen to rezone 8.80 acres, from "A-1" Agricultural District to "R-2" One and Two Family Residence District with conditions, for a new single family home located at 4192 Logan Avenue, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-547. July 20, 2020 Page 4 1. 2. 14. Resolution setting date of public hearing as August 3, 2020, for the sale and conveyance of City property located adjacent to 900 Commercial Street, to an undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxine C. Hughes Revocable Trust U/A, and an undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxwell V. Hughes Residuary Trust, rescinding Resolution No. 1986-646 in its entirety, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-548. b. Motion to approve the following: a. b. c. a. b. c. d. e. f. g• h. i. j• k. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Pat Treloar, Fire Chief Blue Card Certification Online -No Travel Required One year subscription $1,155 Sgt. Erie and Investigator Gergen International Law Enforcement Educators and Trainers Association St. Louis, MO August 2-7, 2020 $1,303.25 Officers Bovy, Herkelman, Ehler, and Lindaman Dogs for Law Enforcement Training Certification Waterloo, IA August 2-7, 2020 $1,400 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Benevolent & Protective Order of Elks #290, 407 E. Park Avenue C Liquor w/Outdoor Service and Catering Renewal 6/30/2021 x Casey's Pub & Eatery, 1125 W. Donald Street C Liquor w/Outdoor Service Renewal 7/31/2021 x Chaser's Pub, 305 University Avenue C Liquor w/Outdoor Service Renewal 7/17/2021 x Grout Museum, 306 Washington Street *Premise Update* Transfer from 503 South to 306 Washington Street Special Class C Liquor New 12/14/2020 x Highway 63 Diner, 3030 Mamie Road C Liquor Renewal 6/29/2021 x Main Street Waterloo, Lincoln B Beer New 7/10/2020 Park *5 Day* Main Street Waterloo, Lincoln Park *5 Day* B Beer New 8/6/2020 Main Street Waterloo, Lincoln Park *5 Day* B Beer New 9/4/2020 Placita, 321 W. 4th Street C Beer Renewal 6/12/2021 x Red Lobster #6267, 941 E. San Marnan Drive C Liquor Renewal 7/27/2021 x Z's Restaurant, 3937 W. Airline Highway C Liquor Renewal 7/19/2021 x 3. Motion to approve Change Orders Nos. 13-14, to Woodruff Construction, LLC of Waterloo, Iowa, for a total decrease of $1,527.00, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. Roll call vote -Ayes: Seven. Motion carried. July 20, 2020 Page 5 158088 - Morrissey/Feuss 1A4. Resolution award to the bid to Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $73,624.44, and approving the contracts, bonds and certificate of insurance, in conjunction with Airline Terminal Building Improvements, Waterloo Regional Airport, No. 9-I-190-ALO-200 Iowa DOT Aviation Bureau Contract No. 20601, and authorizing the Mayor and City Clerk to execute said documents. Roll call vote -Ayes: Seven. Motion carried. 158089 - Morrissey/Amos To amend by striking $73,624.44 and inserting $81,881.25. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-549. 158090 - Morrissey/Feuss 1A5. Resolution approving award to the bid to Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $105,213.75, and approving the contract, bonds, and certificate of insurance, in conjunction with Improvements to Hangar No. 4, Waterloo Regional Airport, Project No. 9-I-200- ALO-200 Iowa DOT Aviation Bureau Contract No. 21613, and authorizing the Mayor and City Clerk to execute said documents. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-550. 158091 - Morrissey/Feuss 1A6. Resolution authorizing an exception to the City of Waterloo purchasing procedures, to approve the purchase of one (1) 2021 Pierce Enforcer Triple Combination Pumper from Reliant Fire Apparatus, Inc. of Slinger, WI, in the amount of $660,750. Roll call vote -Ayes: Seven. Motion carried. Pat Treloar, Fire Chief, provided an overview of the need for the item. Resolution adopted and upon approval by Mayor assigned No. 2020-551. PUBLIC HEARINGS 158092 - Feuss/Morrissey that proof of publication of notice of public hearing on the Public Works Truck Wash Project, as published in the Waterloo Courier on July 6, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned if this is a project for the airport or for public works. He also questioned if the project is necessary when road repair projects are up in the air. Mayor Hart commented that the project is not tied to the one at the airport and this has been in the project planning stages for a couple of years. Randy Bennett commented that the plans for the project have been in the works for several years. He further provided an overview of the plans for the building and added that the truck wash will help extend the life of much of his equipment. 158093 - Feuss/Grieder that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 158094 - Feuss/Grieder July 20, 2020 Page 6 that "Resolution confirming approval of plans, specifications, form of contract, etc. and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Grieder requested clarification on where the funds for the project will come from. Randy Bennett explained that it is being paid for with bond funds. Resolution adopted and upon approval by Mayor assigned No. 2020-552. 158095 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to the Public Works Division Manager for review. Bidder Bid Security Bid Amount Base: $280,000 Cardinal Construction 0 Alt. 1: $18,500 Waterloo, Iowa 5 �0 Alt. 2: $7,050 Alt. 3: $61,500 Base: $238,700 Failor Hurley Construction 0 Alt. 1: $17,400 Waterloo, Iowa 5 �0 Alt. 2: $6,400 Alt. 3: $58,600 Base: $232,600 Don Gardner Construction 0 Alt. 1: $17,915 Waterloo, Iowa 5 �0 Alt. 2: $6,455 Alt. 3: $58,989 Base: $219,940 Kidder Construction, Inc. Alt. 1: $19,524 Waterloo, Iowa 5 0 Alt. 2: $6,192 Alt. 3: $56,918 Voice vote -Ayes: Seven. Motion carried. 158096 - Amos/Grieder that proof of publication of notice of public hearing on the Purchase of One (1) 2021 Forestry Aerial Lift Truck, as published in the Waterloo Courier on July 6, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned if the purchase is necessary when the city is short on funds. Paul Huting, Leisure Services Director, explained that the lift truck is routinely used for tree trimming and removals and during storm events it is used around the clock. The truck being replaced is 15 years old and prone to breakdowns. Funding is available through the CIP and the purchase has been planned for the last 5 years. 158097 - Amos/Grieder that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 158098 - Amos/Grieder that "Resolution confirming approval of specifications, bid documents, form of contract etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-553. 158099 - Amos/Grieder July 20, 2020 Page 7 Motion to receive and file and instruct City Clerk to read bids. Estimate: $200,000 after trade value is applied. Bidder Bid Amount Harrison Truck Centers Bid: $186,618 Elk Run Heights, Iowa Trade Value: Total Bid: $10,500 $176,118 Altec Industries Inc. Bid: $191,969.00 Creedmoor, North Carolina Trade Value: Total: $10,000 $181,969 Voice vote -Ayes: Seven. Motion carried. 158900 - Amos/Grieder that "Resolution awarding bid to Harrison Truck Centers of Elk Run Heights, Iowa, in the amount of $176,118.00," be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-554. 158901 - Grieder/Morrissey that proof of publication of notice of public hearing on the FY2021 Lowell Elementary Sanitary Sewer Reconstruction Project, Contract No. 1026, as published in the Waterloo Courier on July 10, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158902 - Grieder/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158903 - Grieder/Morrissey that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-555. 158904 - Grieder/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Engineer's Estimate: $143,265 Bidder Bid Security Bid Amount Vieth Construction Corporation, ° Cedar Falls, Iowa 5 /o $82,489.50 Lodge Construction, Inc., ° Clarksville, Iowa 5 /o $291,430.05 Peterson Contractors, Inc. Reinbeck, Iowa 5% $137,888.75 Hurst and Sons, Waterloo, Iowa 5% $149,331.30 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 158905 - Morrissey/Boesen July 20, 2020 Page 8 that "Resolution approving an Amendment to a Master Development Agreement with North Crossing, LLC, originally executed January 25, 2016, to extend Project 5 deadline to December 31, 2020, and authorizing the Mayor and City Clerk to execute said documents," be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen questioned why the amendment was not brought to council sooner when we knew the developer was not going to meet the benchmarks. Noel Anderson, Community Planning and Development Director, commented that they did not know what date to put on the document until they completed platting. Resolution adopted and upon approval by Mayor assigned No. 2020-556. 158906 - Morrissey/Boesen that "Resolution approving a Management Agreement with Republic Parking System, Inc., effective July 20, 2020 and expiring June 30, 2025, in the amount of $40,000.00 annually, and authorizing the Mayor to execute said agreement," be adopted. Roll call vote -Ayes: Four. Nays: Three (Klein, Feuss, and Juon). Motion carried. David Dryer, 3145 W. 4th Street, questioned what the city gets out of the contract with Republic Parking. Michelle Weidner, Chief Financial Officer, explained that the city gets all of the revenue from the meters and parking ramp and carries all of the expenses to operate it. 158907 - Morrissey/Boesen That the agreement is effective for one year from 7/20/2020 to 7/20/2021 and that the city will implement on -street parking in the following manner: No less than one hour of free parking on the following segments of streets, 4th Street from Franklin to Bluff Street (Washington Street); the streets intersecting 4th Street between Park Avenue and 5th Street from Franklin to Bluff which include Mulberry, Lafayette, Sycamore, Cedar, Commercial and Jefferson; repeat daily overtime parking violators will have fines doubled tripled for second and third violations for any given day; and implementation of this amendment will be completed by no later than July 20, 20201. Mrs. Juon requested that Main Street Waterloo comment on their proposal for free parking. Jessica Rucker, Main Street Waterloo, commented that they have been working on a proposal that includes transforming the loading zones into Grab and Go zones. She explained that Mr. Morrissey has been in contact with her regarding his amendments and that Main Street Waterloo would support those amendments in an effort to support downtown businesses, and clarified that the project they are working on is separate from this. Mayor Hart commented that he and Jessica Rucker toured the Grab and Go zones. Jessica Rucker commented that there are at least 20 loading zones currently and the proposal that she is working on would actually eliminate a few of these and enable those to be paid parking spaces. Marty Petersen, City Attorney, expressed his concern that the agenda item did not provide the public notice that there would be an amendment to parking arrangements, and added that taking such action would also require an ordinance amendment as well. Mrs. Juon questioned if Mr. Morrissey's proposal is in addition to the Grab and Go project and if all of the parking meters would be changed to one -hour free parking. Mr. Morrissey confirmed. Mrs. Juon clarified that the amendment changes all on -street locations to one hour free parking and questioned how the city would make up the revenue. Mr. Morrissey commented that this would give one year to implement and develop. July 20, 2020 Page 9 Mrs. Juon commented that she does not support the amendment without addressing loss revenue and that the amendment as proposed was not to explore but to implement. Michelle Weidner commented that ordinance issue that Mr. Petersen mentioned is separate from the management contract and that we still need clarify that Republic is willing to accept a one-year contract. She also expressed uncertainty that the meters could be adjusted per the proposed amendment and if approved, could require a large capital investment. Mrs. Klein commented that she does not support the amendment as it leaves many questions open. Mr. Boesen commented that the original 5-year contract specifically stated that at the end of that term it would be extended on a year-to-year basis, so the purpose of tonight's resolution is to extend it to an additional 5-year contract. He commented on the loss of revenue, and cost of new meters. He instead proposed two-hour on 4th Street from Franklin to Bluff in an effort to help downtown businesses. 158908 - Boesen/Morrissey To create two hour parking from Franklin to Washington. Mr. Amos commented that there is a lot of discussion going on that have not included the Chief Financial Officer and Republic Parking. Mayor Hart questioned what action can be taken at this time. Marty Petersen explained that with the agenda item as written, it would be appropriate to approve the contract or amend the terms of the contract, but any proposed change to free parking, or any change thereto, would have to be done by an ordinance. Mayor Hart asked for clarification on the term of the contract. Michelle Weidner explained that if Republic agrees to a one-year contract, we do not know what their terms will be for subsequent years. Mr. Morrissey requested to remove from his motion everything other than the term changing to one year, with the stipulation that a work session will be held on parking meters and spaces in the next couple of weeks so that an ordinance change can be considered. Mrs. Juon commented that she is in favor of approving the contract for 5-years and continue to discuss free parking to minimize affecting the outcome of the current proposed contract. Resolution adopted and upon approval by Mayor assigned No. 2020-557. 158909 - Morrissey/Boesen That the agreement is effective for one year from 7/20/2020 to 7/20/2021. Roll call vote -Ayes: Four. Nays: Three (Klein, Feuss, and Juon). Motion carried. Mr. Grieder questioned if the city signs a 5-year contract, does it specify how we do things or could we go back and make the changes Mr. Morrissey is proposing. Michelle Weidner explained the contract is for them to enforce the parking laws, and that budgeting for the changes would need to be done. Mr. Morrissey questioned the recitals section of the management agreement. Mr. Boesen commented that if the city is budgeting a neutral then any reduction to parking revenue would create a shortfall that will need to be made up somehow. Mrs. Klein commented that there is a potential for taxes to increase, so either way people will pay for parking. July 20, 2020 Page 10 Mrs. Juon questioned if Republic will accept a one-year agreement. Michelle Weidner commented that Jon Rouse is out of town and not available to respond at this time. Mr. Amos commented that his concern is that a one-year contract has not yet been discussed with Republic so even if council approves the amendment it is possible that the city could end up with no one managing the parking. Mayor Hart confirmed. 158910 - Morrissey/Boesen that "Resolution approving a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, for Construction Related Services, in and amount not to exceed $125,000.00, in conjunction with FY 2020 Warp Drive RISE Project, Contract No. 977, and authorizing the Mayor to execute said document," be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-558. 158911 - Boesen/Amos that "Resolution approving a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, for Construction Related Services, in and amount not to exceed $116,000.00, in conjunction with the Leversee Sanitary and Water Improvement Project, Contract No. 987, and authorizing the Mayor to execute said document Resolution adopted and upon approval by Mayor assigned No. 2020-559. 158912 - Boesen/Amos that "Resolution approving award of bid to Aspro, Inc. of Waterloo, Iowa in the amount of $3,219,441.48, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said documents," be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, stated that the chief financial officer said at one point that Waterloo has a failing tax base. He commented on the fact that he believes the city puts money into whims and long shots then has no money to put into essential projects. Michelle Weidner commented that she is not aware of what she said that could have been construed as Waterloo having a failing tax base. She explained the process of how cities receive street funding and why she is cautious about awarding the contract. Jamie Knutson, City Engineer, explained that they are going to do a portion of the project then stop construction to reassess financing for the project. If finances are looking good, they will continue with construction. Mayor Hart clarified. Mr. Grieder questioned if the second phase needs to be bid out separately. Michelle Weidner commented that by the time the first segments are complete they will have a better idea if the funding will be in place for the last portion, and thanked Mr. Dakovic for the suggestion to split the project. Mayor Hart commented that this will give the opportunity to continue with construction. Mr. Boesen thanked city staff and Mr. Dakovic for working together on the project. He questioned if the second phase would come back to council for approval. Jamie Knutson commented that it would be up to council whether the second phase comes back to council for approval. July 20, 2020 Page 11 Mayor Hart commented that staff should bring phase two back to council for approval. Mr. Morrissey questioned if the resolution should be amended to reflect separating the phases. Milt Dakovic, Aspro, Inc., commented that making the suggested change to split the project would likely require a re -bidding of the project, and said if the contract is awarded, there will be plenty of time to notify council of the second phase portion before the first phase is complete. Mr. Boesen commented that he is not in favor of rebidding Phase II but that they come back to council prior to starting work on Phase II. Mrs. Juon requested clarification on whether council will just be notified on Phase II, or voting to approve it. Mayor Hart clarified that staff will provide an update about the financial standing of the project. Michelle Weidner commented that the council could discuss or approve a notice to proceed with the second phase of the contract. Jamie Knutson concurs with the notice to proceed. Mr. Morrissey questioned if anything should be put into the resolution. Martin Peterson, City Attorney, commented that language should be added to the resolution. 158913 - Morrissey/Amos To amend to include a statement that the City Engineer will return to council for discussion and a notice to proceed will be issued to the contractor in order to proceed with the second phase of the project. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-560. OTHER COUNCIL BUSINESS 158914 - Klein/Grieder that a motion "approving Change Order No. 1, with Woodruff Construction, LLC, of Waterloo, Iowa, for a net increase of $502.95, in conjunction with carpet replacement, Airline Passenger Terminal Building Improvements, Waterloo Regional Airport, Project No. 9-I-190-ALO-200 Iowa DOT Aviation Bureau Contract No. 20601, and authorizing the Mayor to execute said documents," be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 158915 - Juon/Grieder that the council adjourn to Executive Session at 7:29 p.m. Roll call vote -Ayes: Seven. Motion carried. City Attorney Martin Petersen stated that discussion of pending and potential litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c). EXECUTIVE SESSION 158916 - Juon/Amos that the council adjourn Executive Session at 9:01 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 158917 - Juon/Amos that the Council adjourn at 9:01p.m. Voice vote -Ayes: Seven. Motion carried. July 20, 2020 Page 12 Kelle# Yelchle Kelley Felchle City Clerk