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HomeMy WebLinkAbout04.05.2021 Council Minutes April 5, 2021 The Council of the City of Waterloo, Iowa, met in Regular Session via Zoom video conference, at 5:30 p.m., on Monday, April 5, 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: Margaret Klein, Ward 1 Council Member 159731 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, April 5, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159732 - Juon/Grieder that the Minutes, as proposed, for the Planning Session on Monday, March 29, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring April 5-9, 2021 as National Community Development Week. Proclamation declaring April 2021 as Sexual Assault Awareness Month. Proclamation declaring April 2021 as Fair Housing Month. Swearing in of(1) new Police Officer, Chase Hershey. PUBLIC COMMENTS Mrs. Klein commented that the city is missing community building moments by not holding the meetings in person. By not holding meetings in person, it is discriminating in the sense that there are groups of people that are unable to participate electronically. Kelley Felchle, City Clerk, explained that the Mayor informed staff that the council meetings could resume in person at the first meeting in May. She further explained that the reason for waiting until May, in part, is due to public hearing notices for April that have already been published with instructions for participating in the meeting via Zoom. Mr. Morrissey commented that in January, the Mayor and the head of the Planning and Zoning Department agreed that Mr. Gary Stephens and Mr. Willie Outlaw would have their individual agreements with the city completed by the end of March, and it has not happened. He then listed the various dates the city repeated these promises and the dates they could expect the agreements to be complete, yet nothing has happened. He stated the reasons given as to why there were delays but has since learned they were untrue. Mr. Stephens has seen the cost of his development increase by over $10,000 due to the lack of action. He asked staff to live up to their word and be honorable on these matters. He commented on the ultra-high performance concrete for bridge restoration and repair as reported by the EDC Weekly Newsletter from the United States Department of Transportation and Federal Highway Administration. Because of its superior strength and durability and the cost effectiveness, he questioned why the city is not using this ultra-high performance concrete on the two bridges about to be reconstructed. He questioned when the Mayor would be getting an emergency entrance and exit for the businesses at Grandview and Clark and explained why this should be flagged as a high priority. 159733 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159734 - Juon/Grieder that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: April 5, 2021 Page 2 1. Resolution approving Finance Committee Invoice Summary Report, dated April 5, 2021, in the amount of$3,199,008.19 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. 2021-179. 2. Resolution approving Acknowledgment/Settlement Agreement, and check in the amount of $300, from Greenleaf Tobacco &E-Cigs, 1503 E. San Martian Drive, 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. 2021-180. 3. Resolution accepting U.S. Department of Justice Assistance Grant monies in the amount of$23,000, with no City match, in conjunction with Coverdell Forensic Science Improvement Grant, and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2021-181. 4. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, at a total cost of $356,571.89, and release of retainage in the amount of$17,828.59, in conjunction with the FY 2019 Wing Dike City Project No. 966, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2021-182. 5. Resolution approving Lease Agreement with Silver Eagle Harley Davidson for two (2) Harley Davidson police motorcycles for a twelve (12) month period at a cost of$166.67 per motorcycle, per month, for a total amount of$4000, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2021-183. 6. Resolution approving Acceptance of Improvements for work performed by Woodruff Construction, LLC, of Waterloo, Iowa, in conjunction with Airline Passenger Terminal Building First Floor Area Carpet Installation Project, and release of final retainage in the amount of$4,119.21. Resolution adopted and upon approval by Mayor assigned No. 2021-184. 7. Resolution approving Variance to Noise Ordinance request from Phyllis Simpson, in conjunction with a Gospel Celebration and Birthday Celebration to be held on May 14-15, 2021 from 10:00 a.m. to 9:00 p.m., at 916 Ash Street, including the use of a PA system and live music. Resolution adopted and upon approval by Mayor assigned No. 2021-185. 8. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 22, 2021 and date of public hearing as May 3, 2021, in conjunction with the Traffic Control Center Remodel Project, Iowa Department of Transportation Grant Project Number STP-U-8155(755)--70-07, and instruct the City Clerk to publish Notice. Resolution adopted and upon approval by Mayor assigned No. 2021-186. 9. Resolution approving preliminary plans, specifications, form of contract, etc., and setting date of public hearing as April 19, 2021, in conjunction with the Park Avenue Bicycle Signal Project, Iowa DOT Grant Project Number TAP-U-8155(767)--81-07, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-187. April 5, 2021 Page 3 10. Resolution approving preliminary plans, specifications, form of contract, etc., and setting date of public hearing as April 19, 2021, in conjunction with the Downtown Traffic Camera and Fiber Optic Project, Iowa DOT Grant Project Number STBG-SWAP-8155(769), and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-188. 11. Resolution setting date of public hearing as April 19, 2021, to approve the request by Douglas C. Miller to rezone 2.71 acres from "A-1"Agricultural District to "R-1" One and Two Family Residence District, for property located at 6415 Kimball Avenue, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-189. 12. Resolution setting date of public hearing as April 19, 2021, for the sale and conveyance of City property located at 225 Newell Street, in the amount of$154,400, to Jason Thaw, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-190. 13. Resolution setting date of public hearing as April 19, 2021 to approve the sale and conveyance of city owned property, formerly a platted alley located south of 118 Clark Street, to CJ Investment Properties, LLC, in the amount of$1,019.54, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-191. 14. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 22, 2021 and date of public hearing as May 3, 2021, in conjunction with the FY 2021 Asphalt Overlay Program, Contract No. 1022, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-192. 15. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 22, 2021 and date of public hearing as May 3, 2021, in conjunction with the FY 2022 Levee Rip Rap Spraying, Contract No. 1047, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-193. 16. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 29, 2021 and date of public hearing as May 3, 2021, in conjunction with the FY 2021 Shaulis Road Reconstruction- Hess Road to Hwy. 218 Project, Contract No. 1020, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-194. 17. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy, to approve the purchase of a 2021 - demo Ford F350 Super Duty truck from Victory Ford of Dyersville, Iowa, in the amount of$36,597.56, to be used for Animal Control Services. Resolution adopted and upon approval by Mayor assigned No. 2021-195. b. Motion to approve the following: April 5, 2021 Page 4 1• Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Officers K. Sommer Street Cop Training: Raymond, April 19, 2021 $398 and A. Ehlers Identifying Criminal IA Vehicles and Occupants b. Officers A. Frenz, J. Iowa Law Enforcement Johnston, IA May 3 - $26,000 Bolstad and M. McGee Academy Basic Officer August 20, Certification 2021 c. Scott Krozek and One day training for Orange City, Tentatively $385 Jeremiah Luck 2021 -EZ Liner Model IA May 18-19, TS-AL120 Truck 2021 Mounted Striping Machine d. Kelly Martin, Housing Quality Virtual March 22-26, $655 Rehabilitation Standards Certification Zoom 2021 Specialist 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Casey's General Store#2866, B Wine/C Beer/E Renewal 2/28/2022 x 51 E. Tower Park Drive Liquor b. Cork's Grocery, 1956 C Beer Renewal 4/30/2022 x Lafayette Street c. Dollar General Store#10073, B Wine / C Beer New 2/28/2021 x 3815 University Avenue *Ownership Update* d. Dollar General Store#4698, B Wine / C Beer New 2/28/2022 x 2935 Logan Avenue *Ownership Update* e. Dollar General#4698, 2935 B Wine/C Beer Renewal 2/28/2022 x Logan Avenue f Hometown Foods, 1010 E. B Wine / C Beer/E Renewal 4/30/2022 x Mitchell Avenue Liquor g. Hy-Vee Food Store#1, 2834 B Wine/C Beer/E Renewal 3/23/2022 x Ansborou h Avenue Liquor h. Jim's Food, 437 Sullivan B Wine/C Beer/E Renewal 4/14/2022 x Avenue Liquor i. Jim Lind Service, 230 E. C Beer New 3/14/2022 x Ridgeway Avenue j. La Michuacana Restaurant, C Liquor Renewal 3/26/2022 x 1221 Franklin Street k. Mersim's Kitchen, 126 E. B Native Wine/C Liquor New 3/14/2022 x Ridgeway Avenue, Ste. A w/Outdoor Service 1. On The Rocks, 708 Jefferson C Liquor w/Outdoor Renewal 3/27/2022 x Street Service m. Sam's Club#6514, 210 E. B Wine/C Beer/E Renewal 2/28/2022 x Tower Park Drive Liquor n. The Snack Shack#2, 189 W. C Beer/E Liquor Renewal 2/28/2022 x 11th Street 3. Motion approving Change Order No. 1 with Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for a net decrease of $2,922.67, in conjunction with the FY 2020 CIP Pipelining Phase IVA Project, Contract No. 1014, and authorizing the Mayor to execute said document. April 5, 2021 Page 5 4. Exception to Burning Yard Waste Application by Vincent McFadden to burn 23 acres of mixed flowers and native grass at the corner of Osage Road and Skyview Road from March to April 2021, weather permitting. 5. Recommendation of appointment of Jeramey See and Jason Sandoval from the Civil Service List to the position of Solid Waste Technician with Jason Sandoval's effective date as April 6, 2021 and Jeramey See's effective date as April 19, 2021. 6. Motion approving Change Order No. 5 with Kidder Construction, Inc., of Waterloo, Iowa, for a net increase of$7,788.61, in conjunction with the Public Works Truck Wash Area Improvements Project, and authorizing the Mayor to execute said document. 7. Motion approving change order No. 3, in conjunction with the Five Sullivan Brothers Convention Center Skywalk Improvements project in an amount not to exceed$4,000 and authorize the Mayor to execute said amendment. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 159735 - Morrissey/Grieder that proof of publication of notice of public hearing on Business Property Lease with IPE 1031 REV279, LLC (Cardinal Construction), for the use of property located west of 1318 Martin Road, in the amount of$1,000 per year, as published in the Waterloo Courier on March 22, 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. 159736 - Morrissey/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159737 - Morrissey/Grieder that "Resolution approving Business Property Lease with IPE1031 REV279, LLC, for property located west of 1318 Martin Road, for the ground lease of Tract `B", Brock Third Addition, in the amount of$1,000 per year, 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. 2021-196. 159738 - Feuss/Grieder that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on March 22,2021,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. 159739 - Feuss/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159740 - Feuss/Grieder that "Resolution approving the Project Addendum to Agreement for Residential Housing Construction, and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll- call vote-Ayes: Six. Nays: One (Klein). Motion carried. April 5, 2021 Page 6 Resolution adopted and upon approval by Mayor assigned No. 2021-197. 159741 - Feuss/Grieder that "Resolution authorizing the sale and conveyance of 514 Johnson Street in accordance with a Project Addendum to the Agreement for Residential Housing Construction with Hawkeye Community College, and authorizing the Mayor and City Clerk to execute said documents",be adopted. Roll-call vote-Ayes: Six. Nays: One (Klein). Motion carried. Mr. Morrissey questioned where the third property is located. Noel Anderson, Community Planning and Development Director, provided an overview of the location of the houses. Resolution adopted and upon approval by Mayor assigned No. 2021-198. 159742 - Amos/Feuss that proof of publication of notice of public hearing on FY 2021 Street Reconstruction Program, Contract No. 1023, as published in the Waterloo Courier on March 22, 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. 159743 - Amos/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159744 - Amos/Feuss 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. 2021-199. 159745 - Amos/Feuss Motion to receive and file and instruct City Clerk to read bids. Engineer's Estimate Base Bid+Alternate A - $3,969,107.05 Base Bid+Alternate B - $3,977,887.98 Bidder Bid Security Total Bid Amount Aspro, Inc. ° Base+Alt. A— $3,869,846.51 Waterloo, IA 5�0 Base+Alt. B—No Bid Voice vote-Ayes: Seven. Motion carried. 159746 - Amos/Feuss that "Resolution approving award of bid to Aspro, Inc., of Waterloo, Iowa, in the amount of $3,869,846.51, approving the contract, bond and certificate of insurance, in conjunction with the FY 2021 Street Reconstruction Program, Contract No. 1023, 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. 2021-200. 159747 - Feuss/Grieder April 5, 2021 Page 7 that proof of publication of notice of public hearing on 2021-2023 Right-of-Way Mowing Contract, as published in the Waterloo Courier on March 22, 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. 159748 - Feuss/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159749 - Feuss/Grieder 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. 2021-201. 159750 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. Estimate Per Acre: Option A $59.00 Option B $56.00 Option C $53.00 Bidder Bid Security Bid Amount Professional Lawn Care LLC Option A $58.75 Waterloo, IA 5% Option B $54.50 Option C $61.75 B&B Lawn Care Inc. Option A $53.73 Waterloo, IA 5% Option B $56.17 Option C $53.73 Voice vote-Ayes: Seven. Motion carried. 159751 - Feuss/Grieder that "Resolution approving award of bid to B & B Lawn Care, Inc., of Waterloo, Iowa, in the amount of$53.73/acre Option A, $53.73/acre Option C, and to Professional Lawn Care, LLC, of Waterloo, Iowa, in the amount of $54.50/acre Option B, in conjunction with the 2021-2023 Right-Of-Way Mowing Contract, approving contract, bonds, and certificate of insurance, 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. 2021-202. 159752 - Morrissey/Feuss that proof of publication of notice of public hearing on FY 2022 Complaint Mowing with Complaint Snow Removal Contract, as published in the Waterloo Courier on March 22, 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. The City Clerk read comments from Mr. Rod Adams, owner/operator of B&B Lawn Care. He stated that the bid documents clearly stated that all bids must be accompanied by a certified check, which his company provided but the other company did not. He contacted Code Enforcement on the issue and they referred him to the City Attorney. April 5, 2021 Page 8 Martin Petersen, City Attorney, explained that though the low bidder did not provide a check, they did post a security bond, and he does not find this irregularity to be fatal to the procedure. He therefore recommends council proceed and award the contract to the low bidder. 159753 - Morrissey/Feuss that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159754 - Morrissey/Feuss that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Amos questioned the type of bond posted as security. Martin Petersen explained that the security provided by the low bidder was in the form of a business check, not a certified check. He stated that city staff announced on the day of the bid opening that security could be posted in the form of a check, and because of this,the city could be exposed to more liability if the lowest bidder is not awarded the contract. Mr. Amos questioned if business checks have been accepted in the past, and if not, it would be his concern that we would be setting a precedent by allowing this to move forward. Mrs. Klein questioned if all of the written requirements are listed in writing, and did a person at the counter contradict the written direction. Kelley Felchle explained the process of receiving bid documents though the clerk's office and noted that there is no conversation between the bidders and the clerk's staff on any requirements of the bidder. Mr. Morrissey questioned if the money presented by the low bidder was "good"money and if the city must take another bid if there was a mistake made by staff. Martin Petersen commented that the city could reject any or all bids. Kelley Fechle explained that if council and the department rejected all bids, the process would need to start over. Mr.Amos questioned if there have been instances in the past where bid packets included non-certified checks. Kelley Felchle confirmed and stated it is not uncommon. Resolution adopted and upon approval by Mayor assigned No. 2021-203. 159755 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids. Alt. A Price per occurrence Alt. B Price per occurrence Alt. C Price per man hour Alt. D Price per man hour Bidder Bid Security Total Bid Amount Alt. A- $1,300.00 Thompson Contracting, Company ° Alt. B - $1,300.00 Marshalltown, IA 5�0 Alt. C - $65.00 Alt. D - $75.00 B&B Lawn Care Inc. Alt. A- $4,550.00 Waterloo, IA 5% Alt. B - $3,250.00 April 5, 2021 Page 9 Alt. C - $90.49 Alt. D - $104.99 Voice vote-Ayes: Seven. Motion carried. 159756 - Morrissey/Feuss that"Resolution approving award of bid to Thompson Contracting Company, LLC, of Marshalltown, Iowa, for Option A$1,300 per occurrence, Option B $1,300 per occurrence, Option C $65.00 per man hour, Option D $75.00 per man hour, and approving the contract, bonds and certificate of insurance, in conjunction with the FY 2022 Complaint Mowing with Complaint Snow Removal Contract, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Rudy Jones,Community Development Director,commented that there must be consistency in wording of the documents, and that both cashier and certified checks are fine, as long as those documents were provided at the time of the bid opening. The city still holds the right to accept or reject any bids for a variety of reasons,but both types of checks have been accepted in the past. Resolution adopted and upon approval by Mayor assigned No. 2021-204. 159757 - Feuss/Grieder that proof of publication of notice of public hearing on Aircraft Storage Hangar Improvements Project at the Waterloo Regional Airport, Iowa DOT Aviation Bureau - CSVI Project No: 9-I-210-ALO-200 and Iowa DOT Contract No: 22634, as published in the Waterloo Courier on March 22, 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. 159758 - Feuss/Grieder that the hearing be closed and oral and written comments be received and placed on file. Voice vote- Ayes: Seven. Motion carried. 159759 - Feuss/Grieder 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. 2021-205. 159760 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Total Bid Amount Woodruff Construction Base Bid$115,434.00 Waterloo, IA 5% Add Alt Bid 19,821.00 Base +Alt $135,255.00 Voice vote-Ayes: Seven. Motion carried. 159761 - Feuss/Grieder that "Resolution rejecting the bid of Woodruff Construction, of Waterloo, Iowa, in the amount of $135,255, in conjunction with the installation of LED lighting fixtures in Aircraft Storage Hangars 1, 2, 3-A and 3-13, along with the replacement of pedestrian doors in Hangars 1, 2 and 5", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-206. April 5, 2021 Page 10 RESOLUTIONS 159762 - Klein/Amos that "Resolution approving Services Agreement with Routeware, Inc., of Portland Oregon, in the amount of$134,091.04,including annual fee,in conjunction with Waste Fleet(Sanitation)automation, including software, maintenance and installation in vehicles, 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. 2021-207. 1597613 - Klein/Amos that "Resolution approving Consulting Contract with 4C's Consulting, LLC, of Waterloo, Iowa, to conduct a Vision Zero Workshop Traffic Safety Awareness Campaign, and authorizing the Mayor to execute said agreement", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mohammad Elahi, Traffic Engineer,provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-208. 159764 - Klein/Amos that "Resolution approving Supplemental Agreement No. 1 to the Consulting Agreement with 4C's Consulting, LLC, of Waterloo, Iowa, originally executed June 19, 2017, in conjunction with the Traffic Safety Awareness Campaign Project, Iowa DOT grant project number STP-U-8155(756)--70- 07, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mohammad Elahi, Traffic Engineer,provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-209. 159765 - Juon/Feuss that"Resolution approving a Professional Services Agreement with AECOM Technical Services,Inc., for administrative and management services of the FAA-approved Passenger Facility Charge Program for the Waterloo Regional Airport, 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. 2021-210. 159766 - Juon/Feuss that "Resolution approving Supplemental Agreement No. 6, to the Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, originally executed April 6, 2020, in an amount not to exceed $11,500, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Highway 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. 2021-211. 159767 - Juon/Feuss that "Resolution approving construction plans in conjunction with the Locke Funeral Home Alley Paving Project, as submitted by VJ Engineering, of Cedar Falls, Iowa", be adopted. Roll call vote- Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-212. 159768 - Boesen/Grieder April 5, 2021 Page 11 that"Resolution approving a Right of Entry Agreement with Cedar Valley Corp., LLC, and Peterson Contractors, Inc.,to gain entrance to property generally located at the southeast corner of Ansborough Avenue and U.S.Highway 20,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. 2021-213. 159769 - Boesen/Grieder that "Resolution approving an application to the Black Hawk County Metropolitan Planning Organization Transportation Alternatives Program funding, in conjunction with the Hess Road Trail", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-214. 159770 - Boesen/Grieder that"Resolution approving an amendment to the City of Waterloo Residency Policy by expanding the residency radius for Information Technology personnel to 30 miles from city hall", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-215. 159771 - Grieder/Boesen that "Resolution approving a Professional Services Agreement with Magellan Advisors, LLC, in the amount of $150,322, for the Fiber-Optic OSP 30% Design of a Fiber Backbone Network, 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. 2021-216. 159772 - Grieder/Boesen that"Resolution awarding bid to Lansing Brothers Construction Co., Inc., of Luxemburg, Iowa, in the amount of$31,300, in conjunction with regulated asbestos-containing materials demolition services at 220 Hopkins Court, approving the contract, bond, and certificate of insurance, authorizing the Mayor and City Clerk to execute said document, and rescinding Resolution No. 2021-170", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-217. 159773 - Grieder/Boesen that "Resolution approving project designs for a new home located at 514 Johnson Street, to be constructed by Hawkeye Community College, with a budget not to exceed $164,500, in accordance with the Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, 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. 2021-218. 159774 - Amos/Feuss that"Resolution approving an Amendment to the Development and Minimum Assessment Agreement with Lincoln Savings Bank,originally executed October 7,2019,to extend the completion date to July 31, 2021, and the Minimum Assessment to December 31, 2051, 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. 2021-219. 159775 - Amos/Feuss April 5, 2021 Page 12 that"Resolution approving an Amendment to the Development and Minimum Assessment Agreement with A&T Trucking,LLC,originally executed September 8,2020,to amend dates for the development of a 4,350 square-foot building located at the southeast corner of Martin Luther King Jr. Drive and Northeast Drive, 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. 2021-220. 159776 - Amos/Grieder that "Resolution approving an Engineering Services Agreement with Clapsaddle-Garber Associates of Marshalltown, Iowa, in an amount not to exceed $6,500, in conjunction with engineering and platting services for Waterloo Air and Rail Park 2nd Addition, 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. 2021-221. 159777 - Amos/Grieder that "Resolution approving Scope of Services with Robinson Engineering Company for up to $145,000 for the platting, street design, and overall layout for the next phases of the North Crossing area for development, and authorize the Mayor and City Clerk to sign necessary documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-222. ORDINANCES 159778 - Klein/Grieder 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. Geri Thomsberry, 704 Sheridan Rd., commented that she supports banning fireworks and believes that the council is deliberately discriminating against a segment of the population of the city that are harmed by fireworks. Justin Bartlett, 2019 Crossroads Blvd., commented that he is the managing partner of Crossroads Fireworks. He explained that a ban will reduce usage during the three days because law abiding citizens will follow the rules or other people will not shoot off fireworks. He said his business follows the rules and he understands that he accepted the risk of a possible ban in the future. In August,council voted against a ban for this summer and because of that vote and related conversation, they felt confident in extending their six-figure lease at the Waterloo store. He stated that if council passes a ban now, they would not get to undo their lease extension and he will be on the hook for that money regardless if they have the revenue or not. He would like council to honor the vote they passed in August. Mr. Morrissey commented that the ordinance has gone back and forth on what to do with fireworks. He then reviewed the changes the council made back in August. 159779 - Morrissey/Amos To postpone first reading to the second meeting of August. Roll call vote-Ayes: Two. Nays: Five (Boesen, Klein, Feuss, Grieder, and Juon). Motion failed. Mr. Amos commented that he supports postponing the vote. Mrs. Klein commented that she got a text from a resident on Kern Street that people are already shooting off fireworks in his neighborhood. She explained that the council has a responsibility to protect the citizens of Waterloo. She encouraged council to vote down postponing the item. April 5, 2021 Page 13 Mr. Boesen questioned if the other cities responded to Mayor Hart's inquiry. Mayor Hart commented that the Mayor of Evansdale said he would reach out to council members and ask for their thoughts but he has not heard back. 159780 - Boesen/Feuss To postpone until April 19th and in the interim have two council members work with the Police Department to come up with a mechanism of enforcement. Roll call vote-Ayes: Six. Nays: One (Morrissey). Motion carried. Mr. Morrissey commented that enforcement in part is responding when calls are made. The amendment approved last August were additional guidelines and changes that tightened things up. Mrs. Klein commented that the people using fireworks are not obeying laws. She explained that she has completed walking through twenty-eight of the thirty precincts and that people in nearly every area have talked to her about the fact they want fireworks banned. She stated that she agrees with Mr. Boesen that they need to work with the Police Department on enforcement. Mr.Amos commented that he will support the postponement because it's important to talk to the police department and get their opinion on how enforcement could work. He stated that he could not support a ban. Mrs. Juon commented that she supports the ban and will support the motion to postpone. Mr. Feuss commented that he would be happy to work with Mr. Boesen on trying to figure out enforcement. He noted that he has not changed his vote from the beginning and appreciates the suggestion to look deeper into enforcement before voting on the matter. Mr. Boesen commented that he is just asking if a couple council members can work with the police department to come up with a plan on enforcement. Mr. Boesen volunteered to work with the police department. Mrs. Klein commented that she would vote to postpone for two weeks. Mrs. Juon requested that the Mayor follow up with Cedar Falls and Evansdale during the postponement. Mr. Morrissey asked the council to vote down the postponement because enforcement has already been discussed. ADJOURNMENT 159781 - Feuss/Grieder that the Council adjourn at 7:31 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley �elchle Kelley Felchle City Clerk