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HomeMy WebLinkAbout07.13.20.council minutesJuly 13, 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 13, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone. Mrs. Klein was present. Prayer or Moment of Silence. Pledge of Allegiance: Martin M. Petersen, City Attorney 158003 - Juon/Klein that the Agenda, as amended, Item No. 17, to correct language of motion by adding "in the amount of $79,500" to reflect the expenditure, for the Regular Session on Monday, July 13, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 158004 - Juon/Klein that the Minutes, as proposed, for the Regular Session on Monday, June 29, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Mary Heller, of The Ivy Trellis, asked council to consider approving two-hour free parking on and around 4th Street where the majority of retail stores are, in order to attract more shoppers and complete with neighboring cities. Cheryl Powell, 530 Devonshire Drive, spoke regarding the Delane Creek flooding issues. Barbara Abben, 403 Belmont, commented on the high number of accidents where she lives and would like to see a speed bump or stop sign and provided the council with a petition signed by her neighbors. Mr. Grieder commented on the need to be kind, wear a face covering and maintain social distancing. Mr. Morrissey questioned the status of the traffic study for the conversion of 5th and 6th Streets from one-way to two-way. He stated that he would be introducing amendments to the Republic Parking agenda item scheduled for next week and then gave a brief update on the progress of the Equity Toolkit. He agrees with Mr. Grieder's suggestion that people will begin wearing masks and that he intends to propose a resolution on a letter of demand to the governor. Mrs. Juon concurred with the suggestion on wearing masks and asked everyone to be considerate of others and to wear a facemask. She also commented on the need to have another work session to address several questions regarding the Equity Toolkit before there is to be a vote. Mayor Hart commented that he and Mr. Funchess had a lengthy meeting regarding the Equity Toolkit, the commission and various other related areas and they plan to meet again after Mr. Funchess has a chance to reach out to the people who have created and implemented the program. 158005 - Juon/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 158006 - Juon /Amos 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 13, 2020, in the amount of $5,400,173.07, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. July 13, 2020 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2020-503. 2. Resolution setting date of public hearing as July 27, 2020, to approve a request by the City of Waterloo to vacate a 20 foot -wide sanitary sewer easement, which consists of 1.4 acres, located south of 4550 Hess Road, and rescinding Ordinance No. 5545, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-504. 3. Resolution approving request to certify assessment to 611 Nevada Street in the amount of $3,327, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Resolution adopted and upon approval by Mayor assigned No. 2020-505. 4. Motion approving Final Quantity Summary for a net decrease of $60,735.40 in conjunction with the FY 2019 Dysart Road and W. 2nd Street Reconstruction Program, Contract No. 970, and authorizing the Mayor and City Clerk to execute said document. 5. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by K. Cunningham Construction Co., Inc., of Cedar Falls, Iowa, in the amount of $1,203,277.94, in conjunction with the FY 2019 Dysart Road and W. 2nd Street Reconstruction Program, Contract No. 970, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2020-506. 6. Motion approving Final Quantity Summary for a net decrease of $13,124 in conjunction with the FY 2019 Brock 3rd Addition Sanitary Sewer Extension Project, Contract No. 986, and authorizing the Mayor and City Clerk to execute said document. 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Dave Schmitt Construction Co., Inc., of Cedar Rapids, Iowa, in the amount of $110,305, in conjunction with the FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2020-507. 8. Resolution approving award of bid to Pirc-Tobin Construction Inc., of Alburnett, Iowa in the amount of $1,926,434.50, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2020 Leversee Road Sanitary Sewer and Water Main Improvements, Contract No. 987, and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-508. 9. Resolution approving award of bid to Landmark Turf Services, LLC, of Dunkerton, Iowa, in the amount of $45,874, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2021 Levee Rip Rap Spraying Project, Contract No. 1027, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-509. 10. Resolution approving award of bid to Kiesler Police Supply, Inc., of Jeffersonville, Indiana, for bid item Nos. 1-6, in the amount of $34,049.80, and awarding bid to Sunset Law Enforcement, of Ackley, Iowa, for bid item Nos. 7-9, in the amount of $4,551, in conjunction with the Police FYE 2021 ammunition needs as budgeted. Resolution adopted and upon approval by Mayor assigned No. 2020-510. 11. Resolution approving installation of (1) one 25 MPH Speed Hump in the 3000 block of Niles Street. July 13, 2020 Page 3 1. Resolution adopted and upon approval by Mayor assigned No. 2020-511. b. Motion to approve the following: a. Approved Beer, Liquor, and Wine Applications Name & Address of Business Dad's Pub, 1106 La Porte Rd. Class C Liquor and Outdoor Service New or Renewal Renewal Expiration Date 6/30/2021 Includes Sunday x 2. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Jeff Koch General Contractors Board July 10, 2023 Re -Appointment 3. Motion approving a Cigarette/Tobacco/Nicotine/Vapor permit application with Shwe Nyiko Market, located at 911 Commercial St. 4. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 158007 - Morrissey/Amos that proof of publication of notice of public hearing on FY 2020 Warp Drive RISE Project, Contract No. 977, as published in the Waterloo Courier on June 29, 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. 158008 - Morrissey/Amos that the hearing be closed. 158009 - Morrissey/Amos Voice vote -Ayes: Seven. Motion carried. that "Resolution approving plans, specifications, forms 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. 2020-512. 158010 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $732,845 Bidder Bid Security Bid Amount Peterson Contractors Inc., Reinbeck, IA o 5 /o $1,154,951.00 Baker Enterprises Inc. Waverly, IA 5% $869,439.00 Vieth Construction Corporation, Cedar Falls, IA o 5 /o $1,165,979.00 Pirc Tobin Construction, Alburnett, IA 5% $1,219,268.71 July 13, 2020 Page 4 K. Cunningham Construction Co. Inc., Cedar Falls, IA 5% $903,835.00 Voice vote -Ayes: Seven. Motion carried. 158011 - Amos/Grieder that proof of publication of notice of public hearing on West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements Project, Iowa DOT grant project number CS-TSF-8155(762)--85-07, as published in the Waterloo Courier on June 29, 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. 158012 - Amos/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158013 - Amos/Grieder 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. 2020-513. 158014 - Amos/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to Traffic Engineer for review. Estimate: $297,000 Bidder Bid Security Bid Amount K&W Electric Inc. Cedar Falls, IA 5% $369,940.70 Peterson Contractors Inc. Reinbeck, IA 5% $397,594.00 Voice vote -Ayes: Seven. Motion carried. 158015 - Feuss/Grieder that proof of publication of notice of public hearing on Asphalt emulsions for the City's Recycled Asphalt Paving Program, as published in the Waterloo Courier on June 29, 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. 158016 - Feuss/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158017 - Feuss/Grieder that "Resolution confirming 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. 2020-514. 158018 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. July 13, 2020 Page 5 Estimate: $220,000 Bidder Min. Bid Qty. Max. Bid Qty. Unit Price Total Bituminous Materials 1,760 Gal. 5000 Gal. $2.31 / $2.20 $4,065.60 / $11,000 & Supply LP 940 Gal. 50,000 Gal. $3.00 / $2.50 $2,820.00 / $125,000 Des Moines, IA 236 Gal. 15,000 Gal. $3.42 / $1.10 $807.00 / $16,500 Flint Hills Resources 1,760 Gal. 5,000 Gal. $2.004 / $2.004 $3,527.04 / $10,020 Dubuque, IA 940 Gal. 236 Gal. 50,000 Gal. 15,000 Gal. $2.357 / $2.357 $1.612 / $1.612 $2,215.58 / $117,850 $380.43 / $24,180 Voice vote -Ayes: Seven. Motion carried. 158019 - Feuss/Grieder that "Resolution approving award of bid to Bituminous Materials and Supply, LP of Des Moines, Iowa, in an amount not to excess $152,500, in conjunction with Asphalt Emulsions for the City's Recycled Asphalt Paving Program, approving the contract, bonds and certificate of insurance, and authorizing the Mayor to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-515. 158020 - Boesen/Grieder that proof of publication of notice of public hearing on Amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, as published in the Waterloo Courier on July 2, 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. 158021 - Boesen/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158022 - Boesen/Grieder that "Resolution affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety, or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-516. 158023 - Boesen/Grieder that proof of publication of notice of public hearing on Amendment to the Martin Road Development Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, as published in the Waterloo Courier on July 2, 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. 158024 - Boesen/Greider that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158025 - Boesen/Grieder July 13, 2020 Page 6 that "Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-517. 158026 - Boesen/Grieder that proof of publication of notice of public hearing on Amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, as published in the Waterloo Courier on July 2, 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. 158027 - Boesen/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158028 - Boesen/Grieder that "Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-518. 158029 - Boesen/Grieder that proof of publication of notice of public hearing on Amendment to the Rath Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, as published in the Waterloo Courier on July 2, 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. 158030 - Boesen/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158031 - Boesen/Grieder that "Resolution affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-519. 158032 - Boesen/Grieder that proof of publication of notice of public hearing on Amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, as published in the Waterloo Courier on July 2, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. July 13, 2020 Page 7 This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158033 - Boesen/Grieder that the hearing be closed. Voice vote -Ayes: Seven Motion carried. 158034 - Boesen/Grieder that "Resolution affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-520. 158035 - Morrissey/Amos that proof of publication of notice of public hearing on Amendment No. 3 to the Crossroads Waterloo Urban Renewal and Redevelopment Plan to remove properties from the Urban Renewal Area, update projects and project budgets to be included in the Plan, and other general updates to the Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, as published in the Waterloo Courier on July 2, 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. 158036 - Morrissey/Amos that the hearing be closed and oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 158037 - Morrissey/Amos that "Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-521. 158038 - Morrissey/Grieder that "an ordinance providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 158039 - Morrissey/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nay: One (Klein). Motion carried. 158040 - Morrissey/Grieder July 13, 2020 Page 8 that "an ordinance providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5563. 158041 - Amos/Morrissey that proof of publication of notice of public hearing on Amendment No. 6 to the San Marnan Urban Renewal and Redevelopment Plan to expand the boundaries, update projects and project budgets to be included in the Plan, and other general updates to the Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, as published in the Waterloo Courier on July 2, 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. 158042 - Amos/Morrissey that the hearing be closed and oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 158043 - Amos/Grieder that "Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-522. 158044 - Amos/Grieder that "an ordinance providing that general property taxes levied and collected each year on all property located within the newly described San Marnan Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 158045 - Amos/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. 158046 - Amos/Grieder that "an ordinance providing that general property taxes levied and collected each year on all property located within the newly described San Marnan Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. July 13, 2020 Page 9 Ordinance adopted and upon approval by Mayor assigned No. 5564. 158047 - Feuss/Boesen that proof of publication of notice of public hearing on sale and conveyance of City owned property located at the northeast corner of Commercial Street and 6th Street, in the amount of $1.00, to 6 Comm Properties, LLC, including an Amendment to a Development and Minimum Assessment Agreement, and rescinding Resolution No. 2020-226, as published in the Waterloo Courier on June 8, 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. 158048 - Feuss/Boesen that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158049 - Feuss/Boesen that "Resolution authorizing the sale and conveyance of City owned property located at the northeast corner of Commercial Street and 6th Street, to 6 Comm Properties LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Five. Nays: Two (Klein, Morrissey). Motion carried. Mr. Boesen requested confirmation the project is still on schedule. Noel Anderson, Community Planning and Development Director, confirmed the project is still schedule and provided a brief update. Mrs. Klein questioned the tax abatement offered on the project. Noel Anderson explained the abatement is twenty years and seventy-five percent. Mrs. Klein commented that she would be unable to support the item based on the tax abatement schedule. Mr. Morrissey commented that he also would not be supporting the item based on the tax abatement. Mr. Amos questioned the amount of money the city would expect to generate for this project. Noel Anderson provided an overview of the project and revenue expectation for the city. Mayor Hart clarified the developer, over the course of the agreement, would be generating a potential $360,000.00, along with other city fees, on property where revenues currently does not exist. Mrs. Klein expressed concern for offering a seventy-five percent tax abatement of taxes for a developer. Mr. Boesen commented that the issue of tax abatement has already been approved by council and clarified that the resolution is to convey additional land so that the developer can expand the footprint of their building. Resolution adopted and upon approval by Mayor assigned No. 2020-523. 158050 - Feuss/Grieder that "Resolution approving a Development Agreement with 6 Comm Properties LLC, and rescinding Resolution No. 2020-226, and authorizing Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Five. Nays: Two (Morrissey, Klein). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-524. July 13, 2020 Page 10 158051 - Morrissey/Grieder that proof of publication of notice of public hearing on Request by Personified, Inc., to vacate approximately 12,880 square feet of Bluff Street right-of-way located adjacent to 326 West 17th Street, as published in the Waterloo Courier on July 7, 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. Bill Rodgers, co-owner of Personified, Inc., 1109 W. 19th Street, Cedar Falls, spoke on the current property and their future use. 158052 - Morrissey/Grieder that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 158053 - Morrissey/Amos that "an ordinance approving a request by Personified, Inc., to vacate approximately 12,880 square feet of Bluff Street right-of-way located adjacent to 326 West 17th Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 158054 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart questioned if there were any time constraints on the Project. Bill Rodgers replied the sooner this is approved the sooner the project can start. 158055 - Morrissey/Amos that "an ordinance approving a request by Personified, Inc., to vacate approximately 12,880 square feet of Bluff Street right-of-way located adjacent to 326 West 17th Street", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5565. 158056 - Amos/Feuss that proof of publication of notice of public hearing on sale and conveyance of City owned property generally described as vacated Bluff Street abutting 326 West 17th Street, to Personified, Inc., in the amount of $1.00, as published in the Waterloo Courier on July 8, 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. 158057 - Amos/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158058 - Amos/Feuss that "Resolution approving the sale and conveyance of City owned property, generally described as vacated Bluff Street abutting 326 West 17th Street, to Personified, Inc., in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-525. July 13, 2020 Page 11 158059 - Amos/Boesen that "Resolution approving a Development Agreement with Personified, Inc., requiring improvements to the area vacated, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-526. 158060 - Morrissey/Grieder that proof of publication of notice of public hearing on sale and conveyance of City owned property located northeast of 940 West 7th Street, to Clark A. Holdiman, in the amount of $500 and approval of a development agreement, as published in the Waterloo Courier on July 7, 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. 158061 - Morrissey/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158062 - Morrissey/Amos that "Resolution authorizing the sale and conveyance of City owned property located northeast of 940 West 7th Street, to Clark A. Holdiman, in the amount of $500, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-527. 158063 - Morrissey/Amos that "Resolution approving a Development Agreement with Clark A. Holdiman, for the demolition of buildings on site and cleanup of site, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-528. 158064 - Grieder/Amos that proof of publication of notice of public hearing on sale and conveyance of City owned property generally described as 1809 Black Hawk Street, in the amount of $1.00, to 5Bees, LLC, including a Development Agreement, as published in the Waterloo Courier on July 7, 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. 158065 - Grieder/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 158066 - Grieder/Amos that "Resolution authorizing the sale and conveyance of property generally described as 1809 Black Hawk Street, to 5Bees, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-529. 158067 - Grieder/Amos July 13, 2020 Page 12 Mr. Boesen commented he is impressed with the Development Agreement as it includes caveats with regards to meeting time tables and would like to see this type of language in future agreements. Mrs. Klein also expressed her approval for the same reason. that "Resolution approving a Development and Minimum Assessment Agreement with 5Bees, LLC for the construction/rehabilitation of four phases of projects totaling 14,500 square feet of commercial buildings and $800,000 in new taxable value, with a grant of $120,000 for the multiple phases, and rescinding the previous Development Agreement with 3 Little Lambs, LLC, executed on February 17, 2020, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-530. 158068 - Grieder/Boesen that "Resolution approving a Lease Agreement with 5Bees, LLC for the maintenance of the northwest corner of Black Hawk Street and West 18th Street, per the Development Agreement, and rescinding Lease Agreement executed July 9, 2018 with 3 Little Lambs, LLC, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-531. RESOLUTIONS 158069 - Klein/Amos that "Resolution approving Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $79,500, in conjunction with the Preliminary Engineering Report on US Highway 63 South Interceptor Sewer Upgrade Project, and authorizing the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Doug Schindel, AECOM, updated the council on modeling plans for the improvements project. Mayor Hart explained this action is to help with re -prioritizing the Hwy. 63 interceptor portion to divert some of the flow to that area. Kim Adelmund speaking on behalf of Jeika Pinero, 724 Reber, spoke regarding additional damage to her home due to flooding and is concerned about additional expenditures for keeping power to the back-up pump she purchased. Lori De Vries, 902 Home Park Blvd., thanked Mayor Hart and Mrs. Klein for visiting their homes to view the flood damage and questioned the disconnect and re -connection near that intersection. Randy Bennett, Public Works Director reviewed procedures for monitoring and taking action during rain events. Mayor Hart questioned disconnecting and reconnecting. Randy Bennett agreed that nothing else was done in that area with connections or reconnections. Kevin Jass, 812 Kingsley Avenue, questioned threshold for activating pumps and asked what the city was going to do going forward to protect the residents from further damage in light of the weather forecast. Mayor Hart questioned cause of flooding as the city has had rain events in the past and how the city will handle future rainfall. Doug Schindel reviewed recent rain events, including timeline and amount of precipitation, and effect on systems and issues throughout the city. Randy Bennett explained mitigation plans for flooding in the area. July 13, 2020 Page 13 Mayor Hart, questioned process for moving forward with the project and being more proactive John De Vries, 902 Home Park Blvd., addressed the council regarding flood damage and questioned reimbursements for clean-up expenses and future flooding mitigation. Ken Maynard, 730 Home Park Blvd., addressed the council regarding flood damage and gave historical information regarding heavy rainfall events since 2010 to present and denials by city insurance to cover claims. Lindy Coburn, 2127 West 3rd Street, addressed the council regarding flood damage, questioned if cross -connections were put back in after June 22nd incident and if the city is going to compensate homeowners for these damages as a result of their mistakes. Mayor Hart questioned if everything that had been disconnected was reconnected. Randy Bennett explained that (unintelligible) was removed and storm (unintelligible) ... Mayor Hart stated the city has not developed or discussed compensation dispensation as the insurance company is still processing and reviewing claims. The mayor explained that he is going to reach out to the governor to increase the 200% to 400% for assistance. Amy Faley, 727 Home Park Blvd., addressed the council regarding flood damage and fear of making any plans or traveling away from home due to fear of additional flooding. Mayor Hart questioned timeline for design and recommendation for council. Doug Schindel explained timeline for modeling and moving project to priority status and testing system to include inflow and infiltration with large rain events. Mayor Hart questioned if project not included in State Revolving Fund Loans program if there are other option for financing the project. Doug Schindel reviewed other financing resources for funding the project. Rikki Shaver, 727 Home Park Blvd., questioned if the council has suggestions on what the citizens should do while the city works thru a solution to prevent further damage if it rains. Randy Bennett, suggested residents put in a back flow valve to keep the sump pump from backing up into the sanitary sewer and to help divert the ground water. Doug Schindel concurred with the black flow preventer and also suggested a battery back-up for sump pumps. Mr. Grieder commented regarding flooding to his home and attempts to hire a contractor for repairs. Mr. Grieder expressed his frustrations in contacting the governor's office and feels this is the city's responsibility. Mr. Morrissey questioned how many homes were affected by sewer backups. Randy Bennett commented that between 30 and 40 homes were impacted and that this number will be reported to the DNR. Mr. Morrissey commented that from the reaction of the attendees this number is not correct. He also questioned funding for the project. Randy Bennett explained the project will be funded from the sewer fund. Mr. Morrissey questioned if the overall project would require the use of additional funding sources. Randy Bennett explained that it could come from multiple funding sources once they figure out what the project involves. July 13, 2020 Page 14 Mr. Morrissey commented that this has been very detrimental to the citizens. He stated that if the insurance claims are denied, he asks that the City pay for their compensation. He further commented that the Governor issued a disaster proclamation of $5,000 and questioned if it would be possible to ask the Governor to reconsider the amount. Mayor Hart commented that he has already committed to doing that. Mr. Morrissey questioned what happens to the back flow preventers that were suggested, when the pressure builds up. Randy Bennett explained that the back flow preventers prevent flow from coming into the home and that they are efficient and reliable and citizens would have some security if one of these were placed. Lori De Vries, 902 Home Park Blvd., explained that they have a back flow preventer and a ball and still had sewage in basement, and that her neighbor's back flow also failed. Mrs. Klein commented that this issue should be made a priority above anything else discussed tonight to get satisfaction for the citizens. Resolution adopted and upon approval by Mayor assigned No. 2020-532. 158070 - Klein/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. Mr. Morrissey questioned if this project could be re -prioritized and asked why the project is shown as FY2020. Jamie Knutson, City Engineer, explained the project was bid in FY 2020, but because of Covid the award date was pushed out 81 days in order to look at finances for doing the project. He commented that if the project is re -prioritized, then some wards would not get work done in their areas and that some of the streets were committed to more than eight months ago and are part of other projects. Mr. Boesen questioned if there is enough money in the local option sales tax and if Jamie could prioritize projects that tie into other projects. Michelle Weidner, Chief Financial Officer, spoke regarding local option sales tax funds that are scheduled for projects, and noted that the City is already dipping into reserves around $850,000.00 Weidner explained she is very concerned about the rate of construction currently, not knowing revenues in light of Covid. Mayor Hart asked if the city has the money to complete the projects. Michelle Weidner explained she is unsure at this time if there will be enough money to cover the operating expenses and all of the projects awarded with the reduced revenue. Jamie Knutson commented that some of that has to do with the RISE project that came up and stated that the Newell Street RISE will be paid for with local option sales tax. Mr. Greider explained the council has to do what makes financial sense and the citizens should understand that projects need to be prioritized in light of lower Local Option Sales Tax revenue. Mr. Amos commented the city needs to move forward and provide services to our citizens and not let these issues rule their decisions. Mrs. Klein commented that cities are controlled by outside events and disasters and need to adjust when adversity hits. Mr. Morrisey questioned the funding for the $875,000.00 overage. July 13, 2020 Page 15 Jamie Knutson explained the city would need to dip into reserves, but that reserves are there for a reason and suggested awarding half of the projects now and awarding the remainder of the projects in the spring, but either way the council needs to take action one way or the other. Klein/ Motion to table discussion for one week. Mr. Morrissey questioned how many projects are included in the 3.2 million dollar project. Jamie Knutson responded there are fourteen streets in the project. Mr. Morrissey questioned how much would be left over if streets were eliminated and if any work had been started on those streets. Jamie Knutson explained that no work can be started until a contract is actually approved. 158071 - Klein/Grieder Motion to table item # 18 for one week. Mayor Hart explained reason for tabeling the project. Mr. Morrissey explained postponing would be the correct the motion. Klein/Grieder Motion to amend previous motion to postpone item # 18 for one week. Roll call vote -Ayes: Seven. Motion carried. 158072 - Klein/Grieder that "Resolution approving Amendment No. 2 to the Professional Services Agreement with I & S Group, Inc., originally executed March 27, 2020, to convert the Construction Administration Phase from hourly to a fixed fee of $15,000 per owner, in conjunction with the Five Sullivan Brothers Convention Center Penthouse/Chiller Project, 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. 2020-533. 158073 - Boesen/Grieder that "Resolution approving the Community Catalyst and Remediation Grant, Contract Number 20- CTBF-028, with Iowa Economic Development Authority, in the amount of $100,000, for the redevelopment of property located at 1427-1429 W. 3rd Street and 405 Bayard Street, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned who monitors the project and what are the standards of the remediation and development. Noel Anderson, explained the city would have a development agreement with the contractor and would monitor construction. Resolution adopted and upon approval by Mayor assigned No. 2020-534. 158074 - Boesen/Grieder that "Resolution approving a request by CGA Engineers, on behalf of Midwest Development, to approve the final plat of Lincolnshire Addition, a 24 lot residential subdivision located northwest of 3520 Ansborough Avenue", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen requested an update on reported damage in the sub development. July 13, 2020 Page 16 Nick Brewer, CGA, provided a damage update. Resolution adopted and upon approval by Mayor assigned No. 2020-535. 158075 - Boesen/Grieder that "Resolution approving Supplemental Agreement No. 4 to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed August 18, 2014, in an amount not to exceed $169,500, in conjunction with the Dry Run Creek Interceptor Project, Contract No. 877, and authorizing the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-536. 158076 - Grieder/Morrissey that "Resolution approving Addendum No. 3 to the Professional Services Agreement with Robinson Engineering Company, of Independence, Iowa, originally executed July 30, 2018, in an amount not to exceed $13,570, in conjunction with the Westdale Subdivision Swale Project, 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. 2020-537. 158077 - Grieder/Morrissey that "Resolution approving Supplemental Agreement No. 2, to the Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, originally executed April 6, 2020, in an amount not to exceed $30,015, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy. 218 Project, Contract No. 1020, 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. 2020-538. ORDINANCES 158078 - Morrissey/Feuss that "an ordinance amending the City of Waterloo Traffic Code by adding Subsection (274b) Movilla Street, West side of Movilla Street from Stewart Avenue in a Southerly Direction to the Dead End, to Section 551, Parking Prohibited at All Times on Certain Streets", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 158079 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 158080 - Morrissey/Feuss that "an ordinance amending the City of Waterloo Traffic Code by adding Subsection (274b) Movilla Street, West side of Movilla Street from Stewart Avenue in a Southerly Direction to the Dead End, to Section 551, Parking Prohibited at All Times on Certain Streets", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5566. OTHER COUNCIL BUSINESS 158081 - Juon/Greider that Change Order No. 1 for a net increase of $134,400 to Don Gardner Construction Company of Waterloo, Iowa, in conjunction with the FY2019 Young Arena Roof Replacement Project, Contract July 13, 2020 Page 17 No. 998, and authorizing the Mayor to execute said document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Paul Huting, Leisure Services Director, reviewed the change order and that funding is available for the changes. 158082 - Juon/Greider that Change Order No. 2, for a net increase of $10,892.75, to Peters Construction Corporation, Waterloo, Iowa, in conjunction with the Five Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor to execute said document, be received, placed on file and approved. Roll call vote -Ayes: Six. Nays: One (Boesen). Motion carried. Mr. Boesen expressed his concerns with internal communications, costing the city over $7,000.00 and asked that this be fixed. Mr. Morrissey questioned what would happen if the resolution does not pass. Noel Anderson explained reasons for change order and what would happen if this was not approved. Mr. Morrissey questioned if there would be legal ramifications if council does not approve the item. Mayor Hart confirmed, and commented on the need to tighten up communication between convention center and city staff so this doesn't happen again. Mrs. Klein questioned why an event was scheduled prior to completion of the project. Mayor Hart commented that he has met with staff and reviewed procedures for communications with the convention center staff and assured the council this will not happen again. ADJOURNMENT 158083 - Klein/Feuss that the Council adjourn at 8:50 p.m. Voice vote -Ayes: Seven. Motion carried. -Peeuut &Ve'v LeAnn M. Even, CMC, IaCMC Deputy City Clerk