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HomeMy WebLinkAbout03.15.2021 council minutes March 15, 2021 The Council of the City of Waterloo, Iowa, met in Regular Session via Zoom video conference, at 5:30 p.m., on Monday, March 15, 2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Mayor Quentin Hart 159639 - Juon/Grieder that the Agenda, as amended by removing Item 1.A.12, Resolution awarding bid to Restoration Services, Inc. in the amount of $77,500 for tuck-pointing, power washing and sealing of exterior building at Waterloo Public Library, and approving the contract, bond, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said document, so that more time can be given to review the project, for the Regular Session on Monday, March 15, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159640 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, March 1, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring March 23, 2021 as National Ag Day. Proclamation honoring the Iowa Food Bank Association. Swearing in of(3) new Police Officers, Jacob Bolstad, Anthony Frenz, and Mitchell McGee. PUBLIC COMMENTS Sheila Beal, 315 Gayle Street, commented that the city has numerous parks already and that she does not want to see the city implement an inclusive park because it will add additional maintenance cost to the city. She stated that the city has not done an effective job at mowing the parks currently. She suggested putting this where an existing park is located. Forrest Dillavou, 1725 Huntington Road, urged the Mayor to open council chambers to the public. He stated that children deserve to have park added to the Edison neighborhood. Mrs. Klein commented that she believes the council is capable of meeting in the council chambers and that it should be opened to council and public. Mr. Grieder thanked the Public Works Department for their work clearing snow during the blizzard today. Mr. Morrissey thanked national leaders for the things they are doing to move Waterloo forward. Mayor Hart shared that the city has a survey out for the 2030 Community Vision Plan. He encouraged everyone to take the time to complete the survey. 159641 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159642 - Juon/Feuss 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 March 8, 2021, in the amount of$823,601.78 and March 15, 2021, in the amount of$4,642,407.50 a copy of March 15, 2021 Page 2 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. 2021-144. 2. Resolution approving Variance to Noise Ordinance request from Lori Petersen, in conjunction with the Waterloo Public Library Summer Library Program Puppet Show to be held at Lincoln Park on Thursday, July 22, 2021 at 10:30 a.m. Resolution adopted and upon approval by Mayor assigned No. 2021-145. 3. Resolution approving Variance to Noise Ordinance request from Brandon Simon, in conjunction with the 5th annual Urban Cross Grand Prix event to be held on May 15, 2021 from 11:00 a.m. to 5:00 p.m., at National Cattle Congress Fairgrounds. Resolution adopted and upon approval by Mayor assigned No. 2021-146. 4. Resolution approving Order accepting Acknowledgment/Settlement Agreement and check in the amount of$300 from Metro 66 No.1, 3201 West Fourth Street, Waterloo, Iowa, for sale of tobacco to minor violation-first offense, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2021-147. 5. Resolution approving submission of a grant application for Waterloo Housing Trust Funds in the amount of$40,000, to supplement Community Development's Emergency Repair Program, specifically when eligible applicants are unable to financially cover repair costs that exceed the cap of$4,000. Resolution adopted and upon approval by Mayor assigned No. 2021-148. 'he pwehase of an EZ Liner-Model TS AL120 Tfuek Mounted Striping Ma -Z t INER of Orange City, T,,,,,., nos„lu4io,, .,domed and ttpen approvalby M,,yo f assigned No. 2021 7. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy, to approve the purchase of a 2019 Ford Econoline VIPW Van, with a Lift Gate for the Street Department, in the amount of$37,120, from Enterprise Truck Rental of Davenport, Iowa. Resolution adopted and upon approval by Mayor assigned No. 2021-149. 8. Resolution approving preliminary plans, specifications,bid documents, etc., setting date of bid opening as April 8, 2021 and date of public hearing as April 19, 2021, in conjunction with the FY 2021 Waste Water Treatment Plant and Lift Stations Mowing Contract, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-150. 9. Resolution approving preliminary specifications and bid documents, setting date of bid opening as April 8, 2021 and date of public hearing April 19, 2021, in conjunction with the purchase of one (1) 2021 mid-sized multi-passenger vehicle for the City Motor Pool, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-151. 10. Resolution setting a date of public hearing as April 5, 2021, to approve a Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of 514 Johnson Street to Hawkeye Community College for the value of services that Hawkeye Community College will provide for the project, and authorize the City Clerk to publish notice. March 15, 2021 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2021-152. 11. Resolution setting a date of public hearing as April 5, 2021, to approve a Business Property Lease with IPE1031 REV279, LLC, for the use of property located west of 1318 Martin Road, in the amount of$1,000 per year, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-153. b. Motion to approve the following: 1 Travel Requests Name &Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Jeremiah VanDyke, Basic Fire Camp Dodge, April 26 - May 1, $475 Paramedic Investigation Course Johnston, IA 2021 &May 3-7, 2021 b. Officer Nathan Hazardous Device Huntsville, AL March 29 -April $5,575 Watson School 30, 2021 c. Officers Jordan Law Enforcement Des Moines, April 5-16, 2021 $1,420 Ehlers and Matthew Intelligence Network IA Woodward School- Criminal Intelligence Gathering 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunday a. Amigo Mexican Restaurant, C Liquor w/Outdoor Renewal 2/28/2022 x 1415 San Marnan Drive Service b. Babe's Tap, 210 Division C Liquor Renewal 3/14/2022 Street c. Dollar General Store#7136, B Wine/C Beer New 2/28/2022 x 66 E. Tower Park Drive *Ownership Update* d. Dollar General Store#10073, B Wine/C Beer Renewal 2/28/2022 x 3815 University Avenue e. El Senor Tequila Nightclub, C Liquor Renewal 2/28/2022 118 E. 11th Street f. Yourpie, 126 E. Ridgeway Special Class C Liquor Renewal 4/5/2022 x w/Outdoor Service 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re-Appointment Scott McDonald Memorial Hall Commission March 31, 2024 Re-Appointment John Mrzlak Memorial Hall Commission March 31, 2024 Re-Appointment Matthew Carpenter Memorial Hall Commission March 31, 2024 New James Lentfer Memorial Hall Commission March 31, 2024 Re-Appointment Anthony Miller International Property March 15, 2022 New Maintenance Board Ethan Mangrich International Property March 15, 2022 New Maintenance Board Sarah Topliff International Property March 15, 2022 New Maintenance Board March 15, 2021 Page 4 Sherrie Jones International Property March 15, 2022 New Maintenance Board Carrie Chandler International Property March 15, 2022 New Maintenance Board 4. Motion approving change order No. 4 with Kidder Construction, Inc., of Waterloo, Iowa, for a net decrease in the amount of $2,634.67 in conjunction with the Public Works Truck Wash Area Improvements Project, and authorizing the Mayor to execute said document. 5. Motion approving Change Order No. 5 with Cardinal Construction,of Waterloo,Iowa,for a net increase of$441.06, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. 6. Motion to approve, receive and keep on file, amendments made to Section 1 of Article III -- Organization, of the Constitution of the Memorial Hall Commission. Roll call vote-Ayes: Seven. Motion carried. 159643 - Boesen/Grieder Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy, to approve the purchase of an EZ Liner Model TS-AL120 Truck Mounted Striping Machine from EZ LINER of Orange City, Iowa. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen requested an overview of the item. Sandie Greco, Traffic Superintendent, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-154. PUBLIC HEARINGS 159644 - Morrissey/Grieder that proof of publication of notice of public hearing on a request by DGOGWaterlooial 1042020, LLC to rezone a 3.46 acre property northeast of 2600 E. Shaulis Road from"A-1"Agricultural District to "C-P"Planned Commercial District, with conditions, to construct a new Dollar General store, as published in the Waterloo Courier on March 5, 2021, 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. Joshua Jebe, 2919 Cherrywood Lane, explained that he and other residents in the neighborhood do not want to see another Dollar General in the community. He noted that this is very close to the new amusement park and that they are not well maintained. Rusty Doss, 1598 Imperial Center, West Plains, MO, Overland Group, shared that the company has worked with the city to ensure the development is a better fit. 159645 - Morrissey/Grieder that the hearing be closed and oral comments and recommendation of approval of the Planning, Programming and Zoning Commission,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159646 - Morrissey/Grieder that"an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by DGOGWaterlooial 1042020, LLC to rezone a 3.46 acre property northeast of 2600 E. Shaulis Road from"A-1"Agricultural District to "C-P"Planned Commercial District, with conditions, to construct a new Dollar General store",be received,placed on file, considered and passed for the first time. Roll call vote-Ayes: Two. Nays: Five (Boesen, Klein, Feuss, Grieder, and Juon). Motion failed. March 15, 2021 Page 5 Mr. Boesen expressed several concerns about the development and location. He questioned if the Planning Department has established an overlay zone to provide more scrutiny for what businesses go in near the amusement park. Mr. Grieder explained that he has had constituents contact him who share the concerns of both Mr. Boesen and Mr. Jebe with regard to location. He commented on additional concerns and stated that he will be opposing this ordinance. Mr.Morrissey commented that he wants to hear from the Traffic Department regarding the traffic flow in the area and from Mr. Doss on maintenance. Noel Anderson, Community Planning and Development Director, explained that Dollar General provided a traffic study for the proposed site and explained the conditions and road modifications that would be needed. Mr. Morrissey questioned if the study included when the amusement park would be installed. Noel Anderson confirmed. Rusty Doss commented that a trash receptacle will be on site and that there can be a condition put in that addresses maintenance but that the maintenance is controlled by the on-site manager. Mr. Feuss questioned if the city could pursue an overlay of the area. Noel Anderson provided an overview of the design review process and explained that much of the oversite is taken into consideration when transitioning the property from an agricultural zoning to commercial. He said that the current overlay could be expanded to include the 218 corridor or creating a separate one. Mr. Feuss questioned if this Dollar General is approved, would the design of all future businesses in this area be based off its design. Noel Anderson explained the ways that additional restrictions could be put into place. Mr. Amos commented that a few weeks ago the council said it would listen to development over the people and now they're saying they'll listen to the people over development. The developer is stating that the building will blend into the community and the one built on Idaho Street is built in the same manner and looks great, so he will be supporting this development. Mrs. Juon commented that this is not the type of business we want to see as a gateway to what is going to be an awesome tourist attraction to our community. Mr. Boesen commented that he would support an overlay district. He stated that in the summertime it is bumper to bumper traffic in that area when the water park opens,the casino has events, and it will be even more congested when the amusement park opens. He added that the location is not ideal considering it will be on a 45 mph curb. Jamie Knutson, City Engineer, explained that the speed limit in the area can be lowered. Mr. Morrissey questioned if the rezoning is just for Dollar General or are other projects will be placed on the site. Noel Anderson explained there is a possibility that Dollar General could subdivide the lot. Mr. Morrissey questioned how much tax revenue they would be adding. Noel Anderson commented that they would potentially add $600,000 with $60,000 coming to city coffers. Mr.Morrissey questioned if there will be any legal issues coming back on the city if the council denies the ordinance. March 15, 2021 Page 6 Martin Petersen, City Attorney, commented that the decision is solidly up to the city council and does not anticipate litigation. Mr. Morrissey expressed concern that the council is creating a double standard in how it is handling development here and at Fairfield. Mrs. Klein questioned if the traffic study is true to all potential developers or just this Dollar General. She added that she supports an overlay plan. Ordinance failed and assigned No. 5590. 159647 - Amos/Grieder that proof of publication of notice of public hearing on the sale and conveyance of property located north of 3488 Wagner Road, to Camenzind Masonry, LLC, in the amount of $1.00, with a Development and Minimum Assessment Agreement, as published in the Waterloo Courier on March 5, 2021, 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. Mike Camenzind, Camenzind Masonry, LLC, 517 Rhey Street, provided an overview of the project. 159648 - Amos/Grieder that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159649 - Amos/Grieder that "Resolution authorizing the sale and conveyance of a portion of City owned property to Camenzind Masonry, LLC, in the amount of$1.00, generally located north of 3488 Wagner Road, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll-call vote- Ayes: Seven. Motion carried. Mr. Boesen commented that he supports the project. He expressed concern about the two substantial completion dates. He asked to have one substantial completion date in contract. Mike Camenzind confirmed that he would agree to that. Resolution adopted and upon approval by Mayor assigned No. 2021-155. 159650 - Amos/Feuss that "Resolution approving a Development and Minimum Assessment Agreement with Camenzind Masonry,LLC, for the construction of a new industrial building,with outdoor storage, 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. 2021-156. 159651 - Feuss/Grieder that proof of publication of notice of public hearing on FY 2021 Riverfront Stadium Electrical Repair Project, Contract No. 1046, as published in the Waterloo Courier on March 1, 2021, 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. Paul Huting,Leisure Services Director,explained that anything in excess of$50,000 would be covered by insurance. March 15, 2021 Page 7 159652 - Feuss/Grieder that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159653 - Feuss/Grieder that "Resolution confirming approval of plans, specifications, bid documents, form of contract, estimate of cost etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned what impacted one bid being received for the project. Paul Huting commented that the time frame is having an impact. Resolution adopted and upon approval by Mayor assigned No. 2021-157. 159654 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. Bid Estimate: $150,000 Bidder Bid Base Bid Alternate Unit Unit Bond #1/DED Price 1 Price 2 Community Electric Inc. 5% $131,500 $1,420 $15.20 $3.60 Waterloo, IA Voice vote-Ayes: Seven. Motion carried. 159655 - Feuss/Boesen that "Resolution approving award of bid to Community Electric of Waterloo, Iowa in the amount of$131,500 in conjunction with the FY 2021 Riverfront Stadium Electrical Repair Project, Contract No. 1046, 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. 2021-158. 159656 - Morrissey/Feuss that proof of publication of notice of public hearing on General Obligation Bonds - ECP-1 - The issuance of not to exceed $19,750,000 in General Obligation Bonds for essential corporate purposes, as published in the Waterloo Courier on March 5, 2021,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. 159657 - Morrissey/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159658 - Morrissey/Feuss that "Resolution instituting proceedings to take additional action", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-159. 159659 - Morrissey/Feuss March 15, 2021 Page 8 that"Resolution authorizing the issuance of not to exceed$19,750,000 General Obligation Bonds, and levying a tax for the payment thereof', be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-160. 159660 - Amos/Feuss that proof of publication of notice of public hearing on FY 2021 Commercial St., Katoski Dr., and Hawkeye Road Right Turn Lane Reconstruction Program, Contract No. 1024, as published in the Waterloo Courier on March 1,2021,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. 159661 - Amos/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159662 - Amos/Feuss 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. 2021-161. 159663 - Amos/Feuss Motion to receive and file and instruct City Clerk to read bids. Bid Estimate: $2,323,777.48 Bidder Bid Security Bid Amount Lodge Construction, Inc. o $2,074,510.77 Clarksville, IA 5/o Vieth Construction Corporation 5% $2,388,283.76 Cedar Falls, 1A Cedar Valley Corp. 5% $2,231,490.56 Waterloo, IA Peterson Contractors, Inc. 5% $2,021,867.21 Reinbeck, IA K. Cunningham Construction Co., Inc. 5% $2,027,154.63 Cedar Falls, 1A Midwest Concrete, Inc. 5% $2,316,323.11 Peosta, IA Voice vote-Ayes: Seven. Motion carried. 159664 - Amos/Feuss that"Resolution approving award of bid to Peterson Contractors,Inc. of Reinbeck,Iowa,in the amount of$2,021,867.20, approving the contract, bond and certificate of insurance, in conjunction with the FY 2021 Commercial Street, Katoski Drive, and Hawkeye Road Right Turn Lane Reconstruction Program, Contract No. 1024, 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. 2021-162. 159665 - Morrissey/Grieder that proof of publication of notice of public hearing on the sale and conveyance of property located north of 3620 Wagner Road, to Camenzind Masonry, LLC, in the amount of $1.00, with a March 15, 2021 Page 9 Development and Minimum Assessment Agreement, as published in the Waterloo Courier on March 10, 2021,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. 159666 - Morrissey/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159667 - Morrissey/Grieder that "Resolution authorizing the sale and conveyance of a portion of City owned property to Camenzind Masonry, LLC, in the amount of$1.00, generally located north of 3620 Wagner Road, 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. 2021-163. 159668 - Morrissey/Grieder that "Resolution approving a Development and Minimum Assessment Agreement with Camenzind Masonry, LLC, for the construction of a new industrial building with outdoor storage, 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. 2021-164. 159669 - Klein/Feuss that proof of publication of notice of public hearing on Asbestos Abatement Services Contract No. AB-2021-03-8P at 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington Street, 915 Linden Avenue, and 921 W. 2nd Street, as published in the Waterloo Courier on March 5, 2021,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. 159670 - Klein/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159671 - Klein/Feuss 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. 2021-165. 159672 - Klein/Feuss Motion to receive and file and instruct City Clerk to read bids. Engineer's Estimate: $25,400 Bidder Bid Security Total Bid Amount Abatement Specialties, LLC o Cedar Rapids, IA 5/o $29,500.00 Site Services, Inc. 5% $19,140.00 Algona, IA AAA Budget Environmental, Inc. 5% $21,784.00 Monticello, IA March 15, 2021 Page 10 REW Services Corporation 5% $30,326.00 Des Moines, IA Active Thermal Concepts 5% $28,350.00 Hiawatha, IA Advanced Environmental 5% $19,900.00 Waterloo, IA Voice vote-Ayes: Seven. Motion carried. 159673 - Klein/Feuss that "Resolution awarding bid to Site Services, Inc., of Algona, Iowa, in the amount of$19,140, in conjunction with asbestos abatement services at 725 Glenwood Street, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington Street, 915 Linden Avenue, and 921 W. 2nd Street, approving the contract, bond, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Morrissey questioned why the local bidder is not receiving the award considering the difference is $700. Noel Anderson, Community Planning and Development Director, explained that the city is required to take the lowest responsible bidder. Mrs.Klein commented that she is very pleased to see these houses moving forward toward demolition. Resolution adopted and upon approval by Mayor assigned No. 2021-166. 159674 - Feuss/Grieder that proof of publication of notice of public hearing on Demolition and Site Clearance Services, Contract No. D-2021-03-06P, located at 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, and 242 Hogle Street, as published in the Waterloo Courier on March 5, 2021, 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. 159675 - Feuss/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159676 - Feuss/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. 2021-167. 159677 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. Engineer's Estimate: $81,500 Bidder Bid Security Total Bid Amount Lehman Trucking &Excavating, Inc. o $72,942.00 Waterloo, IA 5/o Frickson Brothers Excavating 5% Check Evansdale, IA $80,500.00 Schrader Excavating & Grading Co. 5% W $114,415.00 alford, IA March 15, 2021 Page 11 Voice vote-Ayes: Seven. Motion carried. 159678 - Feuss/Grieder that "Resolution awarding bid to Lehman Trucking and Excavating, Inc., of Waterloo, Iowa, in the amount of$72,942, in conjunction with demolition and site clearance services at 1004 Fulton Street, 179 Rebecca Lane, 118 Shilliam Avenue, 421 Logan Avenue, 154 Harrison Street, and 242 Hogle Street , approving the contract,bond, and certificate of insurance, 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. 2021-168. 159679 - Morrissey/Amos that proof of publication of notice of public hearing on Regulated Asbestos-Containing Materials Demolition Services, Contract No. RD-2021-03-1P, located at 220 Hopkins Court, as published in the Waterloo Courier on March 5,2021,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. 159680 - Morrissey/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159681 - Morrissey/Amos 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. 2021-169. 159682 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Engineer's Estimate: $33,200 Bidder Bid Security Total Bid Amount Lansing Bros. Construction Co., Inc. o Luxemburg, IA 5/o $31,300.00 Cost Deduct to $(6,500.00) Base Bid Total with Deduct $24,800.00 to Base Bid Voice vote-Ayes: Seven. Motion carried. 159683 - Morrissey/Amos that"Resolution awarding bid to Lansing Brothers Construction Co., Inc., of Luxemburg, Iowa, in the amount of$24,800, in conjunction with regulated asbestos-containing materials demolition services at 220 Hopkins Court, approving the contract, bond, and certificate of insurance, 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. 2021-170. RESOLUTIONS 159684 - Klein/Feuss March 15, 2021 Page 12 that "Resolution approving an Overnight Town Agreement with Ventures Endurance, LLC for 2021 RAGBRAI events in Waterloo', be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned if there will be any issues with residents serving as host stays for RAGBRAI riders. Tavis Hall,Experience Waterloo,commented that people are certainly welcome to connect with riders and make those arrangements if they are comfortable,but Experience Waterloo will not be facilitating any housing solutions this year. Resolution adopted and upon approval by Mayor assigned No. 2021-171. 159685 - Klein/Feuss that "Resolution accepting U.S. Department of Transportation and Federal Aviation Administration grant monies for additional Coronavirus response and relief, in the amount of 5,034, for the work associated with the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-172. 159686 - Klein/Feuss that "Resolution accepting U.S. Department of Transportation and Federal Aviation Administration grant monies for additional Coronavirus response and relief in the amount of$1,007,984, for work associated with the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned if the city has received guidance on how to utilize these funds. Keith Kaspari, Airport Director, commented that they have not received guidance on how it is to be used but will use the funds judiciously until then. Resolution adopted and upon approval by Mayor assigned No. 2021-173. 159687 - Klein/Feuss that "Resolution approving the FY 2022-2026 Capital Improvement and FY 2027-2032 Long Range Needs Assessment Plans for the Waterloo Regional Airport, and authorizing the Airport Director to execute said documents for submission to the Federal Aviation Commission", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-174. 159688 - Juon/Amos that"Resolution approving a Permanent Easement Agreement for a 280 square foot drainage easement from North Star Community Services, Inc., in the amount of $319.20, located at 3420 University Avenue, 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. 2021-175. 159689 - Juon/Amos that"Resolution approving a Professional Services Agreement with Automatic Systems Company, of Ames, Iowa,in an amount not to exceed$72,556, in conjunction with existing aeration blower control panel upgrades, 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. 2021-176. March 15, 2021 Page 13 ORDINANCES 159690 - Klein/Boesen that"an Ordinance amending the City of Waterloo City Code of Ordinances by amending Subsection B, Prohibitions and Use, of Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations", be received,placed on file, considered and passed for the first time. Mayor Hart explained that Larry Lavenz who lives at the corner of Vinton and Franklin, called his office and asked that he share his comments. Mr. Lavenz said that he has PTSD and is okay with the fireworks. If council moves to ban fireworks then loud motorcycles should also be banned because he hears them 8 months out of the year. Jeri Thornsberry, 704 Sheridan Road, commented that she wants to see the council pass the ordinance, as they are loud, dangerous, and have a detrimental impact on those with PTSD, disabilities, parents, or those with health problems. Joshua Jebe, commented that this decision should be put up for a public vote. Mr. Morrissey commented that council amended the ordinance six months ago to make enforcement more robust. He asked that the council vote down the ordinance and give the ordinance on the books a chance to work. Mrs. Klein shared the reasons why she brought the ordinance back to council. Mr. Amos commented that giving people three days to shoot off fireworks is a compromise. Mr. Grieder commented that many people break laws that are on the books. He stated that he supports banning fireworks because one person's fun does not trump someone else's quality of life. 159691 - Grieder/Juon To amend Subsection G. Enforcement and Compensation, "During the annual period in which firework sales are allowed [strike out "may" and insert "shall"] be enforced by police officers who shall have authority to document violations and issue citations and said officers may also respond to related nuisance calls". Roll call vote-Ayes: Six. Nays: One (Amos). Motion carried. Mr. Boesen commented that no matter what, the city does not have the ability or the manpower to enforce the ordinance. He asked that the city work with our sister cities to come up with a cohesive plan. He added that the ordinance has changed numerous times since the state law passed and that the city needs to come to a conclusion and stick with it. He asked to postpone the item. Mayor Hart commented that the challenge in working with the other cities is that we keep changing what we want from year to year, and the other communities are locked in now with where they stand. Mr. Boesen agrees that our changing position poses a challenge. He explained that whether the other cities want to entertain opening a new dialogue or not, it should be attempted, and said that we don't have to make a decision tonight. Mrs. Juon agreed that it would be difficult for the police to enforce, but said that a total ban is going to carry the weight and people will understand that they are not supposed to do it. She commented on aligning with our surrounding cities and said that since they ban the use of fireworks we would be in lock step with them if we pass this ordinance. She further commented that she has received no calls from anyone who want fireworks. Mr. Feuss commented that he has had no phone calls on this topic. He is open to postponing a vote on this ordinance. Mrs. Klein commented that she is friendly with some people on Cedar Falls City Council and they believe that our lack of a ban has increased usage in their community. Mr. Morrissey commented that the calls for service diminished between 2018 that it was banned down to 300 calls in 2019 when usage was approved for three days. The year 2020 is a year that will live in March 15, 2021 Page 14 infamy because of what Covid-19 did to us. In August of 2020, council voted 7-0 to approve a 2-page ordinance,which includes three sections dealing with enforcement,and we need to give that ordinance a chance to work. 159692 - Boesen/Feuss To postpone to a later date. Roll call vote-Ayes: Four. Nays: Three (Klein, Grieder, and Juon). Motion carried. Mrs. Juon commented that there is no need to vote this down tonight. If the rules are not suspended tonight, that allows time to hear back from the other cities. Then future votes would be made based on that information. Mr. Boesen commented that the request was brought to him by the owner of Crossroads Fireworks. They asked that all the communities in the Cedar Valley be on the same page. Mrs. Klein commented that everyone has been lobbied by the owners of Crossroads Fireworks. They are in it for the money, and though that is not a bad thing, she would be disappointed if we abandoned this now because of responding to the lobbying. 159693 - Morrissey/Feuss that"an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of approximately 17.50 acres from"A-1"Agricultural District and"M-1"Light Industrial District to"C- P" Planned Commercial District and `B-P" Business Park District, located at 700 Falls Avenue", be received,placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Mr. Grieder questioned if there have been any new comments or concerns since this issue was last discussed. Noel Anderson, Community Planning and Development Director, said there have been no additional calls since the Planning Commission meeting. 159694 - Morrissey/Boesen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 159695 - Morrissey/Grieder that"an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of approximately 17.50 acres from"A-1"Agricultural District and"M-1"Light Industrial District to"C- P" Planned Commercial District and `B-P" Business Park District, located at 700 Falls Avenue", 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. 5591. ADJOURNMENT 159696 - Feuss/Grieder that the Council adjourn at 8:01 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley 1 edchle it Kelley Felchle City Clerk