HomeMy WebLinkAboutCouncil Packet - 6/1/2021 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
PLANNING SESSION TO BE HELD AT
Harold E. Getty Council Chambers
Tuesday, June 1, 2021
5:30 PM
RULES FOR PLANNING SESSION PUBLIC COMMENT
The city council shall only receive public comment on bill payments and emergency agenda items
listed on a planning session agenda. Public comment on bill payments and emergency items shall
be conducted in accordance with Waterloo City Code Section 1-4A-34(see below). The city
council shall not receive any public comment during the meeting on agenda items designated as
planning discussion topics. Waterloo City Code Section 1-4A-34:At the discretion of the
presiding officer, individuals may speak for a maximum of three (3)minutes when the council
discusses agenda items. This section does not apply to businesses or parties directly involved in
agenda items.
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Margaret Klein, Ward 1 Council Member
Agenda, as proposed or amended.
Minutes of May 12, 2021, Special Session, as proposed.
Minutes of May 17, 2021, Work Session, as proposed.
Minutes of May 17, 2021, Regular Session, as proposed.
Minutes of May 19, 2021, Special Session, as proposed.
1. Consent Agenda:
(The following items will be acted upon by voice vote on a single motion without separate
discussion, unless someone from the council or public requests that a specific item be
considered separately.)
A. Resolution to approve the following:
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in
the office of the City Clerk.
B. Motion to approve the following:
2. LIQUOR LICENSES
a. Behar Bar, 312 W. 4th Street
Class: C Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date:4/30/2022
b. Cedar Valley Arboretum & Botanic Gardens, 1927 E. Orange Rd. *6 Month*
Class: B Native Wine w/Outdoor Service
Page 1 of 50
New Application Includes Sunday
Expiration Date: 11/1/2021
C. CVS/Pharmacy#8546, 205 Franklin Street
Class: E Liquor/B Wine/ C Beer
Renewal Application Includes Sunday
Expiration Date: 5/31/2022
d. Half Pint Saloon, 1831 Independence Avenue
Class: C Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date:4/18/2022
e. Isle Casino, 777 Isle of Capri Boulevard
Class: B Liquor/B Wine w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date:4/30/2022
f. La Placita, 322 W. 4th Street
Class: C Liquor
Renewal Application Includes Sunday
Expiration Date:4/15/2022
g. Main Street Waterloo, Lincoln Park *5 Day*
Class: B Beer w/Outdoor Service
New Application Does not include Sunday
Expiration Date: 6/15/2021
h. Main Street Waterloo, Lincoln Park *5 Day*
Class: B Beer w/Outdoor Service
New Application Does not include Sunday
Expiration Date: 6/19/2021
i. Main Street Waterloo, Lincoln Park *5 Day*
Class: B Beer w/Outdoor Service
New Application Does not include Sunday
Expiration Date: 7/10/2021
j. Main Street Waterloo, Lincoln Park *5 Day*
Class: B Beer w/Outdoor Service
New Application Does not include Sunday
Expiration Date: 7/24/2021
k. Main Street Waterloo, Lincoln Park *5 Day*
Class: B Beer w/Outdoor Service
New Application Does not include Sunday
Expiration Date: 8/14/2021
1. Sunnyside Country Club, 1600 Olympic Drive
Class:A Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date:4/13/2022
Page 2 of 50
RESOLUTIONS
2. Resolution approving the Greater Downtown Area Operational Zone, as required for a shared
mobility device license.
Submitted By: Kelley Felchle, City Clerk
ORDINANCES
3. An ordinance creating a new Bicycle or Motor Scooter
Motion to receive, file, consider, and pass for the first time an ordinance amending the City of
Waterloo Code of Ordinances by repealing Chapter 2, Bicycles, of Title 6, Motor Vehicles and
Traffic and enacting in lieu thereof a new Chapter 2, Bicycles or Motor Scooters, of Title 6,
Motor Vehicles and Traffic.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and adopt said
ordinance.
Submitted By: Sandie Greco, Traffic Superintendent
4. An ordinance creating a Shared Mobility Device License
Motion to receive, file, consider, and pass for the first time an ordinance amending the City of
Waterloo Code of Ordinances by creating a new Chapter 8, Shared Mobility Device License,
Title 3, Business License and Regulation.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and adopt said
ordinance.
Submitted By: Kelley Felchle, City Clerk
OTHER COUNCIL BUSINESS
5. Discussion on housing rehabilitation, with presentations by Habitat for Humanity,
Community Development, and the Mayor's Task Force on Housing and Landlord
Policies.
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
MEETINGS
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
Page 3 of 50
CITY OF WATERLOO
Council Communication
Minutes of May 12, 2021, Special Session, as proposed.
City Council Meeting: 6/1/2021
Prepared:
ATTACHMENTS:
Description Type
U Minutes of May 12, 2021 Special Session Backup Material
Submitted by: Submitted By:
Page 4 of 50
May 12, 2021
The Council of the City of Waterloo, Iowa, met in Special Session via Zoom video conference, at 4:00 p.m., on
Wednesday,May 12,2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen,Amos,Morrissey,Klein,Feuss,
Grieder and Juon.
159927 - Morrissey/Klein
that the Agenda, as proposed, for the Special Session on Wednesday, May 12, 2021, at 4:00 p.m., be
accepted and approved. Ayes: Four. Motion carried.
159928 - Morrissey/Grieder
to approve an application for a five day Class B Liquor License with outdoor service, located at
Lincoln Park for Main Street Waterloo, expiring on May 14, 2021. Voice vote-Ayes: Four. Motion
carried.
ADJOURNMENT
159929 - Morrissey/Grieder
that the Council adjourn at 4:05 p.m. Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk
Page 5 of 50
CITY OF WATERLOO
Council Communication
Minutes of May 17, 2021, Work Session, as proposed.
City Council Meeting: 6/1/2021
Prepared:
ATTACHMENTS:
Description Type
U Minutes of May 17, 2021 Work Session Backup Material
Submitted by: Submitted By:
Page 6 of 50
COUNCIL WORK SESSION
May 17, 2021
4:00 p.m.
Harold E. Getty Council Chambers
Members present: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, and Juon.
159930 -Juon/Grieder
that the Agenda, as proposed, be approved. Voice-vote Ayes: Seven. Motion carried.
159931 -Juon/Grieder
that the Minutes of May 3, 2021, as proposed, be approved. Voice-vote Ayes: Seven. Motion
carried.
Objective: Update from Grow Cedar Valley.
Grow Cedar Valley team members provided an update of various projects over the past year.
Objective: Discussion of ordinance amendments to allow e-scooters to operate in downtown
Waterloo.
Sandie Greco, Traffic Operations Superintendent, provided an overview of the ordinance
amendments to include e-scooters.
Kelley Felchle, City Clerk,provided an overview of the license portion of the ordinance.
159932 -Juon/Grieder
that the meeting be adjourned at 4:36 p.m. Voice-vote Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk
Page 7 of 50
CITY OF WATERLOO
Council Communication
Minutes of May 17, 2021, Regular Session, as proposed.
City Council Meeting: 6/1/2021
Prepared:
ATTACHMENTS:
Description Type
U Minutes of May 17, 2021 Regular Session Backup Material
Submitted by: Submitted By:
Page 8 of 50
May 17, 2021
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, May 17, 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: Sharon Juon, At-Large Council Member
159951 - Juon/Grieder
that the Agenda, as amended, to correct the name in the title and resolutions on Public Hearings Item
#5, from James Skarlis to Black Hawk Street Investments, LLC, and the removal of Item#15, for the
Regular Session on Monday, May 17, 2021, at 5:30 p.m., be accepted and approved. Voice vote-
Ayes: Seven. Motion carried.
159952 - Juon/Grieder
that the Minutes, as proposed, for the Regular Session on Monday, May 3, 2021, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
PUBLIC COMMENTS
Rod Lindquist, representing the ownership group of the Best Western at 205 W. 41' Street, explained
that they are announcing tomorrow that they will be opening a bar and restaurant called GR Kitchen
and Taps, which is an updated version of a Ground Round. They are set to open on June 23, 2021.
He thanked everyone for their support and encouraged them to come check out the new restaurant.
Mr. Morrissey commented questioned if the new trail along Conger will be completed in time for
RAGBRAI, he questioned when bollards will be erected along Washington and Franklin. He
questioned what will happen to the rubble along University Avenue, which was the old log site.
Jamie Knutson, City Engineer, commented that he would check on the anticipated completion date
of the new trail, and that the concrete along University Avenue will be removed as part of the
project.
Randy Bennett, Public Works Division Manager, provided an update on the bollards.
Mr. Boesen questioned why pothole filling downtown is being done during the day when it was
discussed with council previously that it would occur on third shift.
Randy Bennett explained that they are working on potholes during first and third shift to expedite
filling.
Mr. Grieder congratulated all of the graduates in the Cedar Valley.
Mrs. Juon commented that she attended the Police Memorial Service held at Veteran's Park and it
was especially meaningful this year because of the anniversary of the death of Officers Hoing and
Rice.
159953 - Juon/Grieder
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
159954 - Juon/Grieder
that the following items on the consent agenda be received,placed on file and approved:
a. Resolutions to approve the following:
Page 9 of 50
May 17, 2021 Page 2
1. Resolution approving Finance Committee Invoice Summary Report, dated May 10, 2021, in
the amount of$4,268,717.79 and May 17, 2021, in the amount of$3,266,466.40 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. 2021-302.
2. Resolution authorizing the City Clerk to certify against certain parcels for unpaid lawn/weed
mowing, snow removal, and property cleanups.
Resolution adopted and upon approval by Mayor assigned No. 2021-303.
3. Resolution approving preliminary plans, specifications,bid documents, etc., setting date of
bid opening as June 10, 2021, and date of public hearing as June 21, 2021, in conjunction
with the Ridgeway Towers Boiler Replacement Project, and instruct the City Clerk to publish
notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-304.
Hazafd Ge mand 14-e-Althy Homes, for-a 36 menth gfant in the amount of$500,000 for-thee
nide,.Adult Home Medifie,tio n,.,,,,,-„,,
5. Resolu4i .. . ,,the eontr-aet for-the gfant award between Water-lee Housing Tfust Fund
for-r-epair-s to existing single family ov,,nef oeoupied homes, of w-hieh $5,500 of this a�A
n+ust be spent en hettsehelds at or-below 0 of Area Median ineeme or-lewef, an
,u4ha-;. ing the r,,,.,.,,.,.,unit„Development Dir-e ter-too u* said d,,,ufneH4
6. Resolution approving request of Scott Ford for a waiver for a concrete approach located at
1661 Wakonda Drive due to right of way issues.
Resolution adopted and upon approval by Mayor assigned No. 2021-305.
7. Resolution approving request of Jessica Payne for a waiver for a concrete driveway, located
at 3675 Cedar Terrace Drive, with the elimination of the sidewalk section due to inability to
meet grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2021-306.
8. Resolution approving request of Claire Lichty-Mastin for a waiver for a concrete driveway,
located at 500 Magnolia Parkway(approach located on Upton Avenue), and authorize the
construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way
on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2021-307.
9. Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in an
amount not to exceed$8,639,212.15, and approving the contract,bonds, and certificate of
insurance in conjunction with FY 2021 Shaulis Road Reconstruction-Hess Road to Hwy.
218, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said
documents.
Resolution adopted and upon approval by Mayor assigned No. 2021-308.
10. ReseltAien setting date of pttblie hearing as ftme 7, 2021 te appf-eve pf-epesed f-ep
eof��etion with the 2021 Sidewalk inspeetion and Repair Progr-afn Zone 1, and appfeve
�7
of eosts, card instfuet the City Clefk to p4lish nvtiee.
11. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as June 3, 2021, and date of public hearing as June 7, 2021, in conjunction with
the FY 2021 Upton Avenue and Carriage Hill Drive Storm Water Improvements, Contract
No. 1010, and instruct the City Clerk to publish notice.
Page 10 of 50
May 17, 2021 Page 3
Resolution adopted and upon approval by Mayor assigned No. 2021-309.
12. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as June 3, 2021, and date of public hearing as June 7, 2021, in conjunction with
the FY 2020 Westdale Bioswale, Contract No. 997, and instruct the City Clerk to publish
notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-310.
13. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as June 3, 2021, and date of public hearing as June 7, 2021, in conjunction with
the FY 2020 Westdale Bioswale Landscaping, Contract No. 1048, and instruct the City Clerk
to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-311.
14. Resolution approving support for submission of State Revolving Fund Intended Use Plan for
the US Highway 63 South Interceptor Sewer Upgrade Project to the Iowa Department of
Natural Resources.
Resolution adopted and upon approval by Mayor assigned No. 2021-312.
15. Resolution setting date of public hearing as June 7, 2021 to approve a request by St. Martin
Land Co., on behalf of CPM Acquisition Corp., for a Site Plan Amendment to the "M-2,P"
Planned Industrial District, for construction of a 140,000 square foot
Manufacturing/Office/Warehouse facility with future additions of 30,000 square feet, for a
total of 170,000 square feet of Office/Warehouse and a storage yard located across from
2322 Leversee Road, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-313.
Program grant appheation for-the f-eplaeement of the Gedar-Prairie Tf-ail Bridge, and
„*o-;. ing the Mayor-too „•10 said a,.,.,,men4
17. Resolution setting a date of public hearing as June 7, 2021 to authorize the sale and
conveyance of city owned property formerly 322 and 326 Crescent Place to Willie Outlaw, in
the amount of$1.00 with a Development Agreement for the construction of a new garage,
and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-314.
b. Motion to approve the following:
1 Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Inv. Jeremy Copp Homicide Investigation Hiawatha, June 8-10, $390
& Crime Scene Iowa 2021
Management
b. Matt Chesmore, Jon Ethics Training for Online June 16, $885
Martin, Kelly Martin- Specialists training 2021
Community Development
c. Chris Youngblut, 2021 Iowa Technology West Des June 16- $600
Technology Director and Geospatial Moines, Iowa 18, 2021
Conference
2. Approved Beer, Liquor, and Wine Applications
Page 11 of 50
May 17, 2021 Page 4
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunda
a. Anton's Garden, 518 Special Class C Liquor Renewal 4/30/2022 x
Sycamore Street w/Outdoor Service
b. Basal Pizza, 225 W. 4th C Liquor w/Outdoor Renewal 4/30/2022
Street Service
c. CVS/Pharmacy#8544, 1825 E Liquor/B Wine/C Renewal 5/31/2022 x
E. San Marnan Drive Beer
d. Hy-Vee Food Store#2, 2181 B Wine/C Beer/E Renewal 3/23/2022 x
Logan Avenue Liquor
e. South Hills Golf Shop, 1830 C Liquor w/Outdoor Renewal 2/28/2022 x
E. Shaulis Road Service
f. Ali's Corner, 1117 E. 4th E Liquor/B Wine/ C Renewal 3/31/2022 x
Street Beer
g. J's R&B Lounge, 501 C Liquor Renewal 4/6/2022 X
Independence Avenue
h. Main Street Waterloo, B Beer w/Outdoor New 5/28/2021
Lincoln Park *6 month Service
i. S&M Entertainment, 320 E. C Liquor New 10/7/20201
4th Street, Suite C *6 month
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration Date New or
Re-Appointment
Terry Scheffert Memorial Hall Commission December 31, 2021 New Appointment
4. Motion approving Change Order No. 3 with Woodruff Construction, of Waterloo, Iowa, for a net
increase of $36,738, in conjunction with the FY 2020 Wastewater Treatment Plant Biosolids
Modification Project, Contract No. 994, and authorizing the Mayor to execute said document.
5. Motion approving Change Order No. 3 with WRH, Inc., of South Amana, Iowa, for a net increase of
$36,866.50, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Cover
Modifications, Contract No. 1021, and authorizing the Mayor to execute said document.
6. Motion approving Change Order No. 13 with Cardinal Construction, Inc., of Waterloo, Iowa, for a
net increase of$1,590, in conjunction with the Five Sullivan Brothers Convention Center Addition
and Renovation Project, and authorizing the Mayor to execute said document.
7. Motion approving Change Order No. 13 with Lodge Construction, Inc., of Clarksville, Iowa, for a net
increase of$8,551, in conjunction with the FY 2020 Courtland Street,Jefferson Street, and Mulberry
Street Reconstruction Program, Contract No. 1015, and authorizing the Mayor and City Clerk to
execute said document.
8. Motion approving Change Order No. 11 with Vieth Construction Corporation, of Cedar Falls, Iowa,
for a net increase of$18,150.05, in conjunction with the FY 2021 Highway 63 Enhancements from
Washington Street to Parker Street, Contract No. 1029, and authorizing the Mayor and City Clerk to
execute said document.
9. Recommendation of appointment of Cody Demaro,from the Civil Service list,to the position of Sewer
Maintenance Worker at the Waste Management Services Department, effective June 1, 2021.
10. Recommendation of appointment of Cody Paine, from the Civil Service list,to the position of Sewer
Maintenance Worker at the Waste Management Services Department, effective June 1, 2021.
11. Recommendation of appointment of Kyle Kayser, from the Civil Service list,to the position of Sewer
Maintenance Worker at the Waste Management Services Department, effective June 1, 2021.
12. Recommendation of appointment of Courtney Coleman to the position of Member Services/Marketing
Specialist, in the Leisure Services Department, effective June 1, 2021.
Page 12 of 50
May 17, 2021 Page 5
13. Motion approving a fireworks display application for the Waterloo Bucks Ball Club, located at 850
Park Road, on June 5, 12, July 3, 4, 10, 17, 31 and August 14, 2021 starting at 10:00 p.m. and lasting
for ten minutes.
14. Bonds.
15. , fe
net iner-ease of$95,5 4 0, in eof��etion with the 5 Sullivan Br-ethefs Gotweation Gen4er-2020 Sk-ywalk
Roll call vote-Ayes: Seven. Motion carried.
159955 - Morrissey/Amos
1.A.4. Resolution approving the submission of a grant application to the HUD's Office of Lead
Hazard Control and Healthy Homes, for a 36-month grant in the amount of$500,000 for the Older
Adult Home Modification Program. Roll call vote-Ayes: Seven. Motion carried.
Rudy Jones, Community Planning and Development Director, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2021-315.
159956 - Morrissey/Amos
1.A.5. Resolution approving the contract for the grant award between Waterloo Housing Trust Fund
8 and the City of Waterloo Community Development Department, in the amount of$28,267 for
repairs to existing single family owner occupied homes, of which $5,500 of this award must be spent
on households at or below 30% of Area Median Income or lower, and authorizing the Community
Development Director to execute said document. Roll call vote-Ayes: Seven. Motion carried.
Rudy Jones, Community Planning and Development Director, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2021-316.
159957 - Morrissey/Grieder
1.A.10. Resolution setting date of public hearing as June 7, 2021 to approve proposed repairs, in
conjunction with the 2021 Sidewalk Inspection and Repair Program—Zone 1, and approve request
to send out notification to property owners of proposed sidewalk repairs and estimate of costs, and
instruct the City Clerk to publish notice. Roll call vote-Ayes: Seven. Motion carried.
Mr. Morrissey asked that city employees make note of repairs that are needed for sidewalks that are
sunken or not level.
Resolution adopted and upon approval by Mayor assigned No. 2021-317.
159958 - Morrissey/Grieder
1.A.16. Resolution approving a Memorandum of Understanding with Iowa Northland Regional
Council of Governments for preparation of a COVID-19 Relief Recreational Trails Program grant
application for the replacement of the Cedar Prairie Trail Bridge, and authorizing the Mayor to
execute said document. Roll call vote-Ayes: Seven. Motion carried.
Noel Anderson, Community Planning and Development Director, provided an overview of the
item.
Resolution adopted and upon approval by Mayor assigned No. 2021-318.
159959 - Morrissey/Grieder
1.B.15. Motion approving Change Order No.4 from Woodruff Construction,LLC,of Waterloo,Iowa,
for a net increase of$95,540, in conjunction with the 5 Sullivan Brothers Convention Center 2020
Skywalk Improvements Project, and authorizing the Mayor to execute said document. Roll call vote-
Ayes: Seven. Motion carried.
Page 13 of 50
May 17, 2021 Page 6
Noel Anderson provided an overview of the item.
Mrs. Klein questioned how high the cost overages have been on the Convention Center and all
ancillary projects.
Noel Anderson explained that he does not have that total available at this time,but can share that with
Mrs. Klein tomorrow.
PUBLIC HEARINGS
159960 - Morrissey/Amos
that proof of publication of notice of public hearing on a request by Cedar Valley Corporation, LLC,
for a Site Plan Amendment for a temporary cement batch plant to be located across from 4342
Ansborough Avenue in the`B-P" Business Park District, as published in the Waterloo Courier on
May 7, 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.
Tom Bonner, Project Manager, Cedar Valley Corporation, requested that the rules be suspended to
keep the project moving forward in a timely manner. They anticipate being able to pave in June if
possible. He thanked city staff for their help with the process.
159961 - Morrissey/Amos
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.
159962 - Morrissey/Amos
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 approving a request by Cedar
Valley Corporation,LLC,for a Site Plan Amendment for a temporary cement batch plant to be located
across from 4342 Ansborough Avenue in the `B-P" Business Park District, with a condition that the
project be completed by October 31, 2021",be received,placed on file, considered and passed for the
first time. Roll call vote-Ayes: Seven. Motion carried.
159963 - 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.
159964 - Morrissey/Amos
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 approving a request by Cedar
Valley Corporation,LLC,for a Site Plan Amendment for a temporary cement batch plant to be located
across from 4342 Ansborough Avenue in the `B-P" Business Park District, with a condition that the
project be completed by October 31, 2021", 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. 5597.
159965 - Amos/Feuss
that proof of publication of notice of public hearing on the Five Sullivan Brothers Convention Center
2nd Floor Renovation, as published in the Waterloo Courier on May 3, 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.
159966 - Amos/Feuss
Page 14 of 50
May 17, 2021 Page 7
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
159967 - 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. 2021-319.
159968 - Amos/Feuss
Motion to receive and file and instruct City Clerk to read bids and refer to Building Official for review.
Bidder Bid Security Total Bid Amount
Base Bid: $1,690,000
Don Gardner Construction Alt. 1: $28,900
Waterloo, IA 5% Alt. 2: $53,000
Alt. 3: $222,200
Alt. 4: $568,000
Cardinal Construction, 5% Base Bid: $1,555,500
Waterloo, IA Alt. 1: $23,000
Alt. 2: $45,300
Alt. 3: $187,000
Alt. 4: $467,000
Voice vote-Ayes: Seven. Motion carried.
159969 - Feuss/Grieder
that proof of publication of notice of public hearing on FYE 2021 Budget Amendment, as published
in the Waterloo Courier on May 7, 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.
159970 - Feuss/Grieder
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote-Ayes: Seven. Motion carried.
159971 - Feuss/Grieder
that"Resolution approving Budget Amendment for the fiscal year ending June 30, 2021",be adopted.
Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-320.
159972 - Morrissey/Feuss
that proof of publication of notice of public hearing on the sale and conveyance of city owned property
located at 1314 Black Hawk Street, in the amount of$166,000, to Black Hawk Street Investments,
LLC, with a Development and Minimum Assessment Agreement, for the renovations of the former
Central Garage, as published in the Waterloo Courier on May 7, 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.
159973 - Morrissey/Feuss
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
Page 15 of 50
May 17, 2021 Page 8
159974 - Morrissey/Feuss
that "Resolution authorizing the sale and conveyance of a portion of City owned property to Black
Hawk Street Investments, LLC, in the amount of$166,000, located north of 1314 Black Hawk Street,
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. 2021-321.
159975 - Morrissey/Feuss
that "Resolution approving a Development and Minimum Assessment Agreement with Black Hawk
Street Investments, LLC, for the renovation of 1314 Black Hawk Street, 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. 2021-322.
159976 - Klein/Feuss
that proof of publication of notice of public hearing on the sale and conveyance of city owned property
located at the southern end of Fairfield Street, in the amount of$1.00, to Todd J. Borwig, including a
Development Agreement for infrastructure extensions and new infill housing, as published in the
Waterloo Courier on May 7, 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.
Bill Eide, Ward 3, commented that he wants to raise an objection to the development. He recently
signed a purchase agreement for the property adjacent to the Fairfield lot but was not aware of any
development. He feels that the petition did not reach wide enough to produce a fair canvassing of the
residents and stated that he lives on Longfellow.
Martin Petersen, City Attorney, commented that he is unaware of anything in the code that would
prohibit council to proceed to a vote on the matter.
159977 - Klein/Feuss
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven.
Motion carried.
159978 - Klein/Feuss
that"Resolution approving the sale and conveyance of city owned property located at the southern end
of Fairfield Street, in the amount of$1.00, to Todd J. Borwig and authorizing the Mayor and City
Clerk to execute necessary documents", be adopted. Roll-call vote-Ayes: Five. Nays: Two (Amos
and Morrissey). Motion carried.
Mr. Morrissey commented that he is opposed to the sale and conveyance for this location because the
bulk of the neighborhood is opposed to this development. He questioned if the developer is required
to build the 5 houses and if it is possible that one could be built each year for five years. He questioned
if the city has a deed to the property and if there has been an early access agreement between the city
and the applicant. He further questioned if the houses will conform to the neighborhood. He reminded
the council that they voted down constructing a Dollar General because it would not conform to the
neighborhood.
Mr. Amos commented that he could not support the agreement because several neighbors are opposed
to this development.
Noel Anderson, Community Planning and Development Director, explained that the agreement is set
to approve one house per year. He cannot sell the remainder of the land without building houses on it
to show his dedication to building on the area. He explained that there has been an environmental
review of the site and engineering staff has done their review for the necessary platting, drainage, etc.
Page 16 of 50
May 17, 2021 Page 9
Mr. Morrissey clarified that the neighborhood will have to endure five years of construction.
Resolution adopted and upon approval by Mayor assigned No. 2021-323.
159979 - Klein/Feuss
that "Resolution approving a Development Agreement with Todd J. Borwig for infrastructure
extensions and new infill housing, and authorizing the Mayor and City Clerk to execute said
document", be adopted. Roll-call vote-Ayes: Five. Nays: Two (Amos and Morrissey). Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-324.
159980 - Feuss/Grieder
that proof of publication of notice of public hearing on the sale and conveyance of City owned property
south of 202 Fairfield Street for $1.00 to Gary D. Stephens and Aaron G. Stephens, including a
Development Agreement for the construction of 30' x 40' (1,200 square foot) detached garage, as
published in the Waterloo Courier on May 7, 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.
159981 - Feuss/Grieder
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
159982 - Feuss/Grieder
that "Resolution approving the sale and conveyance of City owned property south of 202 Fairfield
Street for$1.00 to Gary D. Stephens and Aaron G. Stephens and authorizing the Mayor and City Clerk
to execute necessary documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-325.
159983 - Feuss/Grieder
that "Resolution approving a Development Agreement with Gary D. Stephens and Aaron G.
Stephens for the construction of 30' x 40' (1,200 square foot) detached garage, 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. 2021-326.
RESOLUTIONS
159984 - Feuss/Grieder
that "Resolution to receive and place on file a design recommendation submitted by the Police Patch
Committee, and adopt said recommendation",be adopted.
Todd Obadal, 124 Amity Drive, commented that removing the patch is disrespecting the memory of
those officers who died while wearing the patch. He stated that it is not about a patch, it is about
people who put their lives on the line.
Leon Mosley, 99 Mosley Street, commented that the city has better things to worry about than a patch.
There were shootings over the weekend that left people dead and that is what the council should be
worried about. He stated that he is a 33rd degree Mason and the Griffin means something special to
them because their organization hands out rings with the patch on it.
Terry Scheffert, 1534 Longfellow, commented that the Griffin was started in 1400 BC and he finds it
ridiculous that people are offended by it. The Griffin has been on Alice in Wonderland, Harry Potter;
it has been used by different religions and is a sign of strength,protection, and integrity.
Page 17 of 50
May 17, 2021 Page 10
David Dryer, 3145 W. 4th Street, commented that nobody on council talks to him about what he thinks,
including this issue.
Marie Easter, 835 Olympic Drive, commented that she shudders to think of the time and money that
has been spent on this issue. The city has crime and drug problems and it is more important to focus
on fixing those problems. She said her son tells her to keep her head on a swivel to stay safe.
Rob Camarata, President of Waterloo Police Protective Association, commented that when the city
council voted to form the rebranding committee, it was to be a fair and unbiased process. However,
as it turns out,it has not been a fair and unbiased process. He said there have been several resignations
since the Rebranding Committee was formed, and went on to read the names and years of service. He
commented that the November election will be the real vote on the Griffin issue and council's actions
tonight will determine if you are sitting in these seats in the future.
LaTanya Graves, 607 E. Donald Street, commented that the people that have reached out to her do not
believe it represents serve and protect. She disagrees that it was a waste of time to have a rebranding
committee. She shared that as a child she witnessed her aunt being beat by a Waterloo Police officer
for taking apples off a tree. As she grew older, she realized not all officers are bad, so whatever can
be done to bring everyone together is worth it.
Becky De Kruif, 2616 Gloria, commented that if people knew the seated council members would go
crazy on this issue then they would not have elected them. The people should be allowed to vote on
the issue.
Theresa Culpepper, 1119 Cottage Grove and Waterloo Human Rights, commented that the committee
followed the letter. She stated that she is tired of explaining black pain to people. She gave the
example of an eleven-year-old child that exited a school bus wearing a Columbus school hoodie who
was held at gunpoint by police officers, not for committing a crime, but simply by meeting the
description of a suspicious black man.
Joy Ahrens, 415 Cornwall, commented that she is tired of being a police wife and having people say
to her kids,that if you're not good that officer would take you to jail. She said that her husband asked
Mr. Morrissey point blank if he thought the griffin was racist, and he said no. She stated that there is
a petition with far more signatures to keep the griffin, than to not keep it.
Joyce Levingston, 3105 Grand Blvd., commented that she noticed that people who are in support of
the griffin regularly use the term you people, and believes they are referring to the black people in the
community.
Traci Ciepiela, 1847 Locke Avenue, commented that she moved to the community two and a half
years ago. She said that if the city has this money to replace a patch then the city should invest money
in fixing its roads.
Carroll Keinol, retired Waterloo Police Officer, spoke on his positive experiences while serving the
City of Waterloo. He believes the Rebranding Committee needs to be done over, as there was a clear
conflict of interest with the final two patches submitted. He asked the council to please revisit the
rebranding committee.
Tom Jennings, 3391 West Ridge Drive, explained that he is a retired Waterloo Police Officer and
commented that he watched many of the Rebranding Committee meetings and acknowledged the
difficult task they were faced with. It was his understanding that the purpose was to redesign the
current griffin. That never happened, and he doesn't know how or why things got off-track, but the
proposal put out by the WPPA is in an act of frustration. He stated that the men and women of the
police department have worked very hard, some giving their lives, and they do not deserve this lack
of support and criticism. He encouraged the city to move forward but asks that council to reconsider
the selected patch.
Nia Wilder, 129 University, thanked the mayor, council, and officers for their service. She explained
that it is impossible for a black individual to explain how it feels when we see the symbol.
Lynn Moller, 35-year veteran of the police department, commented that it's not the skin color, it's the
attitude, behavior and conduct that will get you thrown in jail. The only reason this came about last
Page 18 of 50
May 17, 2021 Page 11
year is because of the anti-police movement across the country, a new police chief, and our current
city council.
Forrest Dillavou, 1725 Huntington Road, commented that he has been coming to meetings for years
and he has never seen something divide the community so much. He stated that he has been pulled
over a number of times and has never had an issue. There are so many more important things to
address in this city than the patch, like drugs. There are so many drugs in the city but people won't
turn each other in because they don't want to get in trouble. We need more cops,more good cops, and
we need them taking the drugs off the street so they don't destroy our children, grandchildren and
great-grandchildren. Bury this patch issue and leave the griffin on the cars and support it.
Mrs. Klein commented that not one cop was contacted before this was advocated for. She stated that
the best way to handle it would have been to have a conversation with the Police Department about
possibly refreshing the patch. She stated that she has walked the entire city and not one person at a
house in any neighborhood told her they wanted to get rid of the griffin.
Mr. Grieder commented that he has lived in the city for a number of years. The people that have
contacted him about this issue and the results are split. He stated that there were systemic issues in
this community, for example, 12 percent of this city is African American, but 25 percent of the people
going to jail are African American, and the unemployment rate of whites is 3.6 percent but for African
American's it is 24.7 percent. This city should work for everyone. He questioned why anyone in this
city should have to live in a community where a patch makes them uncomfortable. Some may say
that he is anti-police, but he has always voted for every budget to give police what they need.
Mr. Boesen commented that he has worked 34 years in public safety. When he asked the officers to
give him an example of when he has not supported the police department,they could not. He went on
to explain the reasons why he voted the way he did last year, and noted that the griffin would have
been gone last August if the amendment to redesign the patch didn't pass. He attended every
Rebranding Committee meeting and does not believe that the committee worked for compromise and
that sitting on the committee was a frustrating process.
Mr. Feuss thanked Mr. Boesen and Mrs. Juon for doing a very difficult task. He stated that he has
been labeled anti-police but like other council members, he has voted each time to support our police
officers.
Mr. Morrissey commented that back in June of 2020 he had written a several page document and
submitted an editorial to the Courier entitled "Trouble Every Day", that was taken from a song from
the 1960's that was in reference to the trouble in the country with race relations. He explained that
the song was reminiscent of what continues to go on with our brothers and sisters who have darker
skin. He said council were elected to talk about things that are difficult to talk about and this issue is
about respecting the voice of our minority community who have been dismissed for decades. He too
supports public safety.
Mr. Amos commented that he had the opportunity to talk with a former police official today and
learned that people have the mindset that the council is anti-police, that is not true. Council is trying
to make changes to help this community. Changing the patch is not disrespecting those who have
worn it. It is important to step back and look at the bigger picture.
Mayor Hart commented that this process has really been enlightening for a few different reasons. He
commented on the many ways he has supported the police department over the years. Prior to
becoming Mayor,relationships were fractured and millions of dollars were spent on lawsuits. Ninety-
seven percent of that has decreased by the efforts and partnerships from the mayor, the council and
the police department.
Mr. Morrissey questioned the timing of the implementation, the financing aspect, and asked that the
change to the vehicle graphics occur first.
Michelle Weidner, Chief Financial Officer, commented that bond fund earnings are available, as they
have not yet been allocated to a project so they are not coming out of operating budgets,which would
increase the tax levy, and not increasing the debt service levy because it is interest.
Resolution adopted and upon approval by Mayor assigned No. 2021-327.
159985 - Juon/Amos
Page 19 of 50
May 17, 2021 Page 12
To amend the resolution to read, Resolution to receive, place on file and adopt the design
recommendation submitted by the Police Rebranding Committee. Design to be affixed to vehicle
graphics,uniforms, letterhead and Police department objects with the exception of weapons/revolvers.
The mayor will be responsible for the implementation of this resolution as soon as is practical,
including addressing the schedule for Police weapons/revolvers. Roll call vote-Ayes: Five. Nays:
Two (Boesen and Klein). Motion carried.
Mr. Morrissey questioned if the resolution includes the attachment that has the Waterloo Police
Protective Association's design.
Mrs. Juon clarified that the only design recommended is the one sent out with the agenda.
Mr. Morrissey questions what happens if this is approved by council.
Mrs. Juon clarified that it ends any further discussion and the Mayor would work out the
implementation of the weapons and the revolvers.
159986 - Klein/Boesen
Table until after the first of the year in 2022 when the new council takes its seat. Roll call vote-Ayes:
Two. Nays: Five (Feuss, Grieder, Juon, Amos and Morrissey). Motion failed.
Mr. Grieder commented that the people elected each council member and that this is masquerading as
democracy when what it really is, is taking away the voices of tens of thousands of Waterloo residents
who voted us to be here. By saying that everything that is controversial has to wait until another
election, by that logic, we will do nothing here.
159987 - Grieder/Morrissey
that"Resolution approving an addendum to the NJPA Program Agreement with WEX Bank, for fuel
cards for the Tri-County Task Force, and authorizing the Chief Financial Officer execute said
document", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-328.
159988 - Grieder/Morrissey
that "Resolution establishing an incentive plan for accessible, affordable childcare in Waterloo", be
adopted.
David Dryer, 3145 W. 4th Street, commented that this is something that should be left up to the states
and the federal government to assist people with childcare, because funds are available from them to
support this issue. The city should not be in a business of any sort.
Mr. Grieder clarified that one of the biggest barriers facing the economy is finding workers. The
number one issue he hears from constituents is that they lack access to affordable and safe childcare.
The resolution would help entrepreneurs to build a business and help families go back to work. The
resolution includes that annually, the council would receive an update and he wants the council to try
to help solve this problem.
Mr. Boesen commented that he was apprehensive but that he would support the resolution. He agreed
with Mr. Grieder that he wants this to come back to council with specific guidelines.
159989 - Morrissey/Grieder
To amend Sections 1 and 2,after the word package,insert"subject to the approval of council"followed
by the remainder of the sentence. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-329.
159990 - Grieder/Morrissey
Page 20 of 50
May 17, 2021 Page 13
that "Resolution approving a Supplemental Agreement for a Professional Services Agreement with
Terracon Consultants, Inc., of Cedar Falls, Iowa, originally executed February 1, 2021, in an amount
not to exceed $5,325, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets
Reconstruction Program, Contract No. 1015, 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. 2021-330.
159991 - Feuss/Grieder
that "Resolution approving Renewal Agreement with Wellmark Blue Cross Blue Shield for fees
associated with administration,network access and stop loss 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. 2021-331.
159992 - Feuss/Grieder
that "Resolution approving Renewal Agreement with Delta Dental for fees associated with
administration 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. 2021-332.
159993 - Feuss/Grieder
that"Resolution approving Renewal Agreement with National Insurance Services for fees associated
with life and long term disability policies 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. 2021-333.
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159994 - Grieder/Morrissey
that "Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of
Cedar Falls, Iowa, in an amount not to exceed $5,000, in conjunction with the FY 2022 Lake Street
RISE Project, Contract No. 1051, 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. 2021-334.
159995 - Grieder/Morrissey
that "Resolution approving an Access Agreement to City owned Property for the purposes of
MidAmerican Energy installing a monitoring well on city owned property required as part of the
assessment and cleanup of the Waterloo Coal Gas site being conducted under the oversight of the
United States Environmental Protection Agency, and authorizing the Mayor to execute said
document", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Morrissey questioned if this would affect the recreational trail.
Noel Anderson commented that there would be no impact to the recreation trail.
Resolution adopted and upon approval by Mayor assigned No. 2021-335.
Page 21 of 50
May 17, 2021 Page 14
159996 - Grieder/Morrissey
that "Resolution approving an amendment to the Professional Services Contract with HR Green Inc.,
for environmental work at 120 Center Street, to raise the maximum limit of work to $12,450, and
authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes:
Seven. Motion carried.
Mr. Boesen commented that when the development agreement came to council he questioned why the
city would agree to pay for the cleanup, and noted that on similar sites in Colorado the cleanup cost
was between $600,000 - $900,000. He is concerned that HR Green can come up with a solution to
keep costs low, and if not, he'd prefer the site remain vacant until federal monies are identified
Noel Anderson,Community Planning and Development Director,commented that a chemical analysis
is being done and that if that does not come back favorable and higher costs cannot be avoided, the
cleanup efforts will be paused while federal funding can be obtained.
Resolution adopted and upon approval by Mayor assigned No. 2021-336.
159997 - Morrissey/Grieder
that "Resolution approving the request by the Waterloo Veterans Memorial Hall Commission to
rename Cedar Street from West 4th Street to West 5th Street to Courbat Court", be adopted. Roll call
vote-Ayes: Seven. Motion carried.
Randy Miller, 4408 Reflection Lane and member of Memorial Hall Commission, commented that
their commission supports the renaming of the street. Marcia Courbat was a passionate person and
dedicated much of her time to service to the commission and the community.
Resolution adopted and upon approval by Mayor assigned No. 2021-337.
159998 - Morrissey/Grieder
that "Resolution approving the second amendment to the Development and Minimum Assessment
Agreement with Warren Transport, Inc., originally executed on November 18, 2019, changing the
completion date to November 30, 2022, 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. 2021-338.
159999 - Morrissey/Grieder
that "Resolution authorizing an exception to the City of Waterloo's purchasing procedures policy to
approve the purchase of a rental 2020 Elgin Crosswind Single Engine Sweeper in the amount of
$259,195.00 from MacQueen Equipment of Ankeny, Iowa", be adopted. Roll call vote-Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-339.
160000 - Klein/Feuss
that "Resolution renaming the 5 Sullivan Brothers Convention Center to the Waterloo Convention
Center, and naming the outside plaza area the Sullivan Brothers Plaza, and authorize the Mayor and
City Clerk to execute necessary documents for such change",be adopted. Roll call vote-Ayes: Seven.
Motion carried.
David Dryer, 3145 W. 4th Street, commented that this decision should be left to the citizens of
Waterloo and not the city council. He stated that the manager should not have the ability to change
the name just by talking to the Mayor. It is not right that the manager would get future naming rights
for the convention center.
Resolution adopted and upon approval by Mayor assigned No. 2021-340.
160001 - Klein/Feuss
Page 22 of 50
May 17, 2021 Page 15
that"Resolution approving Development Agreement with Crystal Distribution Services, Inc. and City
of Waterloo for a new 100,000 sq. ft. cold storage facility, with a Minimum Assessment Agreement
adding $10,000,000 to the current assessed value of site, and City incentives of acquiring
land/buildings on campus and tax rebates at 10 years at 70 percent, and authorizing the Mayor and
City Clerk execute said document", be adopted. Roll call vote-Ayes: Five. Nays: Two (Klein and
Boesen). Motion carried.
Noel Anderson, Community Planning and Development Director, provided an overview of the item.
Mr. Morrissey questioned if this will affect the administration building, because it is really
deteriorating.
Noel Anderson commented that there is a development group out of Denver, Colorado looking at the
redevelopment, and if the administration building could not be redeveloped, then demolition would
open up another additional 2 acres. He explained that they are applying for RISE funds to help with
the 11th Street Bridge and are hoping to tie all these things together to redevelop this area.
Mr. Boesen questioned how much Crystal Distribution paid for the Rath Building.
Noel Anderson stated he did not have that actual figure available,but that had bought it on auction for
over$100,000.
Mr. Boesen requested clarification as to why the city is willing to buy the building back from Crystal
Distribution for$2.1 million.
Noel Anderson explained that it is the amount that the building was appraised.
Mr. Boesen questioned if we have done an environmental study to get a better idea of potential future
costs.
Noel Anderson explained that environmental testing would begin if this development agreement were
to be approved.
Resolution adopted and upon approval by Mayor assigned No. 2021-341.
160002 - Klein/Feuss
that"Resolution approving an Encroachment Agreement with Hawkeye Community College to install
42"high fencing and bollards on city owned right-of-way along West 1st Street in the "C-3" Central
Business District at 120 Jefferson Street", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-342.
160003 - Morrissey/Grieder
To recess for 5 minutes. Voice vote-Ayes: Seven. Motion carried.
160004 - Morrissey/Juon
To reconvene at 8:36 p.m. Voice vote-Ayes: Seven. Motion carried.
ORDINANCES
160005 - Boesen/Grieder
that"an ordinance amending Subsections I and 2 of Section G,Enforcement,of Section 13,Fireworks,
Chapter 2, General Provisions, Title 5, Police Regulations", be received, placed on file, considered
and passed for the first time. Roll call vote-Ayes: Seven. Motion carried.
160006 - Boesen/Grieder
To amend Subsection I of Section G to read, This Section 13 shall be enforced by any employee
having the authority to document violations and issue citations for municipal infractions, and said
Page 23 of 50
May 17, 2021 Page 16
officers or employees shall also respond to related nuisance calls. Roll call vote-Ayes: Seven. Motion
carried.
Mr. Morrissey questioned what employees, departments and job positions are being referenced.
Martin Petersen, City Attorney, clarified that the employees would be in code enforcement and the
authority for enforcement falls within the city code addressing debris or litter from having shot off
fireworks if they land where the ordinance prohibits them from landing.
Mr. Morrissey commented that code enforcement has one shift, and this language does not clarify that
they cannot be called out after hours. Many of the employees we are talking about are covered by
collective bargaining units and questioned if they were contacted about this change in their duties.
Mr. Boesen commented that he does not foresee the need to call an employee after hours, and that
citations would be written during their normal hours.
Mr. Feuss questioned if an ordinance supersedes a collective bargaining contract or vice versa.
Martin Petersen commented that he is not troubled the language does not specifically address their
hours of work.
Mr.Feuss clarified that the employees could file a grievance if they were called outside of work hours.
Mr. Amos commented that the language to him that clarifies work hours is not necessary or needed.
Mr.Morrissey expressed his concerns that portions of the language regarding municipal infraction and
civil penalty might be misinterpreted and should therefore be deleted from Subsection 2.
160007 - Morrissey/Klein
To remove the language in blue to Subsection 2 of Section G. Roll call vote-Ayes: One. Nays: Six
(Grieder, Juon, Boesen, Amos, Klein, Feuss). Motion failed.
160008 - Boesen/Grieder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
160009 - Boesen/Grieder
that"an ordinance amending Subsections 1 and 2 of Section G,Enforcement,of Section 13,Fireworks,
Chapter 2, General Provisions, Title 5, Police Regulations", 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. 5598.
160010 - Feuss/Grieder
that"an ordinance amending the City of Waterloo Code of Ordinances by repealing Sections 1 and 2,
Codes Adopted, and Amendments to Code, of Chapter 12, Dangerous Buildings, Title 9, Building
Regulations, and reserving the same", be received, placed on file, considered and passed for the first
time. Roll call vote-Ayes: Seven. Motion carried.
160011 - Feuss/Grieder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
160012 - Feuss/Grieder
that"an ordinance amending the City of Waterloo Code of Ordinances by repealing Sections 1 and 2,
Codes Adopted, and Amendments to Code, of Chapter 12, Dangerous Buildings, Title 9, Building
Regulations, and reserving the same", be considered and passed for the second and third times and
adopted. Roll call vote-Ayes: Seven. Motion carried.
Page 24 of 50
May 17, 2021 Page 17
Ordinance adopted and upon approval by Mayor assigned No. 5599.
160013 - Juon/Grieder
that the council adjourn to Executive Session at 9:03 p.m. Roll call vote-Ayes: Seven. Motion carried.
City Attorney Martin Petersen stated that discussion of collective bargaining is an approved topic of
Executive Session pursuant to Iowa Code Section 20.16.
EXECUTIVE SESSION
160014 - Juon/Grieder
that the council adjourn Executive Session at 9:06 p.m. Voice vote-Ayes: Seven. Motion carried.
ADJOURNMENT
160015 - Grieder/Amos
that the Council adjourn at 9:27 p.m. Voice vote-Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk
Page 25 of 50
CITY OF WATERLOO
Council Communication
Minutes of May 19, 2021, Special Session, as proposed.
City Council Meeting: 6/1/2021
Prepared:
ATTACHMENTS:
Description Type
U Minutes of May 19, 2021 Bond Sale Backup Material
Submitted by: Submitted By:
Page 26 of 50
May 19, 2021
The City Clerk of the City of Waterloo, Iowa, met in the first floor conference room at City Hall, 715 Mulberry
Street, Waterloo, Iowa, at 10:30 a.m. on May 19, 2021, to receive bids and refer the sale of$14,370,000 General
Obligation Bonds, Series 2021A, to the best and most favorable bidder for cash, subject to approval of the City
Council at 5:00 p.m. on the above date. The following persons were present at said meeting: Michelle Weidner,
Chief Financial Officer, Maggie Burger, Sr. Vice President Speer Financial and John Murphey, Speer Financial,
Inc.,Margaret Klein, Council member,Jonathan Grieder,Council member,Dave Boesen,Council member, Chris
Youngblut, Management Information Services Director, and Kelley Felchle, City Clerk.
This being the time and place for the opening of bids for the sale of$14,370,000 General Obligation Bonds, Series
2021A, the City Clerk announced the following bids were received:
Name of Bidder True Interest Rate
FHN Financial Securities Corp.,New York, New York........................................................... 1.4480%
Robert W. Baird & Co., Inc., Milwaukee, Wisconsin............................................................... 1.4959%
UMB Bank, n.a., New York,New York.................................................................................... 1.5159%
The best bid was determined to be as follows FHN Financial Securities Corp., New York, New York, at a True
Interest Rate of 1.4480%.
Whereupon all bids were referred to Speer Financial, Inc. and the meeting adjourned to 5:00 p.m. in the City Hall
Council Chambers on May 19, 2021.
May 19, 2021
The City Clerk of the City of Waterloo, Iowa, met in the first floor conference room at City Hall, 715 Mulberry
Street, Waterloo, Iowa, at 11:00 a.m. on May 19, 2021, to receive bids and refer the sale of$8,610,000 General
Obligation Bonds, Series 2021B, to the best and most favorable bidder for cash, subject to approval of the City
Council at 5:00 p.m. on the above date. The following persons were present at said meeting: Michelle Weidner,
Chief Financial Officer, Maggie Burger, Sr. Vice President Speer Financial and John Murphey, Speer Financial,
Inc.,Margaret Klein, Council member,Jonathan Grieder,Council member,Dave Boesen,Council member, Chris
Youngblut, Management Information Services Director, and Kelley Felchle, City Clerk.
This being the time and place for the opening of bids for the sale of$8,610,000 General Obligation Bonds, Series
2021B, the City Clerk announced the following bids were received:
Name of Bidder True Interest Rate
Piper Sandler& Co., Chicago, Illinois ...................................................................................... 1.6088%
UMB Bank, n.a., Kansas City, Missouri.................................................................................... 1.6126%
Fifth Third Securities, Inc., Cincinnati, Ohio ............................................................................ 1.6281%
Robert W. Baird & Co., Inc., Milwaukee, Wisconsin............................................................... 1.6319%
Raymond James &Associates, Inc., Memphis, Tennessee....................................................... 1.6715%
BOK Financial Securities, Inc., Milwuakee, Wisconsin........................................................... 1.7106%
The best bid was determined to be as follows Piper Sandler & Co., Chicago, Illinois, at a True Interest Rate of
1.6088%.
Whereupon all bids were referred to Speer Financial, Inc. and the meeting adjourned to 5:00 p.m. in the City Hall
Council Chambers on May 19, 2021.
May 19, 2021
The Council of the City of Waterloo, Iowa, met in Special Session at City Hall Council Chambers, Waterloo,
Iowa, at 5:00 p.m., on Wednesday, May 19, 2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos,
Klein, Grieder, and Juon. Absent: Morrissey and Feuss.
160016 - Juon/Amos
that the Agenda, as proposed, for the Special Session on May 19, 2021, at 5:00 p.m.,be accepted and
approved. Voice vote-Ayes: Five. Motion carried.
160017 - Amos/Grieder
Page 27 of 50
May 19, 2021 Page 2
Motion to receive and file copies of calls. Voice vote-Ayes: Five. Motion carried.
Maggie Burger, Speer Financial, gave a presentation on the bids received and the city's new bond
rating established by Moody's earlier this month.
BOND SALE
160018 - Boesen/Grieder
that proof of publication of Notice of Sale on consideration of the proposition of issuance of General
Obligation Bonds, Series 2021A, as published in the Waterloo Courier on May 5, 2021, be received
and placed on file. Voice vote-Ayes: Five. Motion carried.
160019 - Boesen/Grieder
that "Resolution directing sale of $14,370,000 General Obligation Bonds, Series 2021A to FHN
Financial Securities Corp., of New York, New York at a rate of 1.4480% be adopted. Roll call vote-
Ayes: Five. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-343.
160020 - Boesen/Grieder
that proof of publication of Notice of Sale on consideration of the proposition of issuance of General
Obligation Bonds, Series 2021B, as published in the Waterloo Courier on May 5, 2021, be received
and placed on file. Voice vote-Ayes: Five. Motion carried.
160021 - Boesen/Grieder
that"Resolution directing sale of$8,610,000 General Obligation Bonds, Series 2021B to Piper Sandler
& Co., of Chicago, IL at a rate of 1.6088%be adopted. Roll call vote-Ayes: Five. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-344.
160022 - Amos/Grieder
Resolution authorizing redemption of outstanding general obligation bonds of the City of Waterloo,
Iowa, Series 2012A, dated June 28,2012 and directing the Notice of Redemption for the above-named
issues. Roll call vote-Ayes: Five. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-345.
160023 - Amos/Grieder
Resolution authorizing redemption of outstanding general obligation bonds of the City of Waterloo,
Iowa,Series 2013A, dated June 27, 2013 and directing the Notice of Redemption for the above-named
issues. Roll call vote-Ayes: Five. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-346.
160024 - Amos/Grieder
Resolution authorizing redemption of outstanding general obligation bonds of the City of Waterloo,
Iowa,Series 2013B, dated June 27,2013 and directing the Notice of Redemption for the above-named
issues. Roll call vote-Ayes: Five. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-347.
ADJOURNMENT
160025 - Boesen/Grieder
that the Council adjourn at 5:23 p.m. Voice vote-Ayes: Five. Motion carried.
Page 28 of 50
May 19, 2021 Page 3
Kelley Felchle
City Clerk
Page 29 of 50
CITY OF WATERLOO
Council Communication
Resolution approving the Greater Downtown Area Operational Zone, as required for a shared mobility device
license.
City Council Meeting: 6/1/2021
Prepared: 5/20/2021
ATTACHMENTS:
Description Type
❑ Greater Downtown Area Operational Zone Backup Material
SUBJECT: Resolution approving the Greater Downtown Area Operational Zone, as
required for a shared mobility device license.
Submitted by: Submitted By: Kelley Felchle, City Clerk
Recommended Action: Approval.
As discussed at the previous work session, the e-scooters utilize geo-fencing
to set boundaries for where they can and cannot operate. Bird has
Summary Statement: recommended adopting the proposed operational area. While the area is
larger than the immediate downtown area, Bird recommended expanding the
area in order to better set the fleet manager up for success.
Page 30 of 50
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CITY OF WATERLOO
Council Communication
An ordinance creating a new Bicycle or Motor Scooter
City Council Meeting: 6/1/2021
Prepared: 5/20/2021
ATTACHMENTS:
Description Type
❑ Ordinance as proposed Backup Material
Motion to receive, file, consider, and pass for the first time an ordinance
amendingthe he City of Waterloo Code of Ordinances by repealing Chapter 2,
Bicycles, of Title 6, Motor Vehicles and Traffic and enacting in lieu thereof a
SUBJECT: new Chapter 2, Bicycles or Motor Scooters, of Title 6, Motor Vehicles and
Traffic.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and
adopt said ordinance.
Submitted by: Submitted By: Sandie Greco, Traffic Superintendent
Page 32 of 50
MOTOR VEHICLES AND TRAFFIC,
CHAPTER 2, BICYCLES O1-AND MOTOR ELECTRIC SCOOTERS
OF THE CITY OF WATERLOO 2020 TRAFFIC CODE.
6-2-1: DEFINITIONS:
A. BICYCLE OR ELECTRIC SCOOTER.-
1.
COOT€R1. Pedal-Only Bicycle:An upright or recumbent device having up to four(4)wheels
and having at least one saddle or seat for the use of an operator, which is
propelled by human power.
a.) An upright bicycle is a bicycle placing the operator of the bicycle in a
position above the pedals.
b.) A recumbent bicycle is a bicycle that places the operator of the bicycle in
a reclining position and behind the pedals. A recumbent bicycle requires
a rear-mounted red or orange or yellow flag of minimum sixty inches
(60") in height as measured from the ground.
2. Electric-Assist Bicycle: An upright or recumbent device having up to four (4)
wheels which is fully operable by human power and/or an electric motor of less
than seven hundred fifty watts (750 W) (1 horsepower) with the following
characteristics: capable of producing a maximum speed, when operated on a
paved level surface and while ridden by an operator whose weight is one
hundred seventy (170) pounds of: a) twenty (20) miles per hour or less when
powered solely by such a motor, or b) twenty eight (28) miles per hour when
combined with human power; eOperators of electric-assist bicycles are
required to be at least fifteen (15) years of age.
3. There are three (3) classes of electric-assist bicycles as defined below:
a.) Class 1 (pedal assist) is a low-speed bicycle equipped with an electric
motor that provides assistance only when the operator is pedaling and
ceases to provide assistance when the bicycle reaches a speed of twenty
(20) miles per hour. Class 1 bicycles are not allowed on sidewalks.
b.) Class 2 (throttled on demand) is a low-speed bicycle equipped with an
electric motor that provides assistance when the operator is pedaling
or when the operator activates and controls the motor manually, and
Page 33 of 50
the motor ceases to provide assistance when the bicycle reaches a
speed of twenty (20) miles per hour. Class 2 bicycles are not allowed on
sidewalks.
c.) Class 3 is a bicycle equipped with a speedometer and an electric motor
that provides assistance only when the operator is pedaling and that
ceases to provide assistance when the bicycle reaches a speed of twenty
eight (28) miles per hour. Class 3 bicycles are not allowed on multi- use
recreational trails, or sidewalks.
4. Electric-assist bicycles shall not be customized to increase speed capabilities.
B. ELECTRIC SCOOTER: A device weighing less than 150 pounds which has (a) has
handlebars and an electric motor (b) is solely powered by the electric motor (c) has a
maximum speed of not more than 20 MPH and on paved level surface when powered
safely by the electric motor.
C. MULTI-USE RECREATIONAL TRAIL: Multi-use recreational trail shall mean a way or
place for the use and travel of pedestrians and bicycles or other authorized conveyances,
the use of which is controlled by the State, County or City and the identity of which is
designated by the multi-use recreational trail map as updated periodically and approved
by resolution of the City Council. No multiuse recreational trail shall be considered a street
or highway.
D. BICYCLE LANE: Bicycle lane shall mean a portion of street or highway signed and
marked for exclusive use by bicycles or electric scooters. Other modes of travel shall not
travel on bicycle lanes except for making legal maneuvers such as turning movements or
as otherwise allowed by law or traffic control devices.
E. PARKING PROTECTED BICYCLE LANE: Parking protected bicycle lane is installed next
to the edge of the street and is separated from other roadway traffic by on-street parking.
F. SIDEWALK: Sidewalk means that portion of a street between the curb lines, or the
lateral lines of a roadway, and the adjacent property lines intended for the use of
pedestrians.
G. ROADWAY: Any street, sidewalk, highway, park road, bicycle lane or multi-use
recreational trail upon which a bicycle or electric scooter does or may operate.
6-2-2: APPLICABILITY OF MOTOR VEHICLE AND TRAFFIC LAWS:
Page 34 of 50
Every person operating a bicycle or electric scooter upon any roadway shall be subject to
this chapter, other City Traffic Ordinances, and State Statutes applicable to the drivers of
motor vehicles, except as to special regulations in this chapter, except as to those
provisions of ordinances and statutes which by their nature can have no application to
bicycle or electric scooter operation, and except those provisions giving special treatment
regarding police bicycles. (Ord. 5495, 6-10-2019)
6-2-3: RULES FOR RIDING:
A. Attaching To Another Vehicle: No operator or passenger of a bicycle or electric
scooter shall cling to or attach himself or herself, or his or her bicycle or electric
scooter, to any moving vehicle.
B. Additional Passengers:
1. The operator of a bicycle or e1eEtF;E scooter may carry or tow objects or another
person on a device or accessory on multi-use recreational trails if the device or
accessory was designed to meet the American Society for Testing and Materials
(ASTM) standards for such purposes.
2. The operator of a bicycle er electric ter may carry or tow objects or
another person on a device or accessory on streets and highways, except where
prohibited by other laws, if the device or accessory was designed and meets
ASTM standards for such purposes and has a height of at least forty two inches
(42") or, if the height is less than forty two inches (42"), is equipped with a rear-
mount red or orange or yellow flag at a minimum height of sixty inches (60")
as measured from the ground. A rear mounted red reflector or red light is
required.
C. Stopping: Every bicycle or electric scooter used upon a City roadway shall be
able to safely come to a complete stop.
D. Maintaining Control of Bicycle or Electric Scooter: The operator of a bicycle or
electric scooter u�po�(�na roadway shall keep the bicycle under control at all times.
(Ord. ✓4�,�0= /�
6-2-4: ALTERATION OF SERIAL FRAME NUMBER:
Page 35 of 50
It shall be unlawful for any person to willfully remove, destroy, mutilate, or alter the
manufacturer's serial frame number of any bicycle or electric scooter. (Ord. 545, 6-10-
6-2-5: BICYCLE BR-AND ELECTRIC SCOOTER EQUIPMENT:
A. Lights And Reflectors:
Requirements for lights and reflectors are as follows:
1. Every bicycle or electric scooter ridden at any time from sunset to sunrise and at
such other times when conditions such as fog, snow, sleet, or rain provide
insufficient lighting to render persons and vehicles clearly discernable on a
roadway at a distance of three hundred feet (300') ahead shall be equipped with
a lamp on the front exhibiting a white light visible from a distance of at least three
hundred feet (300') to the front and also a red light visible from a distance of three
hundred feet (300') to the rear.
2. Body attachment equipment such as lights attached to the head, back, arm, or leg
are allowed as long as white color is used on the front and a red color is used on
back. If a rear red body attachment lamp is used then a red reflector attached to
the bicycle or electric scooter is acceptable on the rear.
3. A citation issued for failure to have a front or rear lamp on a bicycle or electric
scooter or on a bicycle rider or electric scooter operator as required shall first
provide for a seventy two-hour period within which the person charged with
the violation shall install, replace or repair the lamp. If the person complies with
the directive to install, replace or repair the headlamp or rear lamp within the
allotted time period, the citation shall be expunged. If the person fails to comply
within the allotted time, the citation shall be processed in the same manner as
other citations.
3. A peace officer riding a police bicycle is not required to use either front or rear
lamps if duty so requires.
B. Whistles and Sirens Prohibited: No siren or whistle shall be placed or used on a
Page 36 of 50
bicycle or electric scooter as a warning signal or for any other purpose. This
subsection shall not apply to bicycles ridden by peace officers in the line of duty.
(04 5495, 6 10-201-9)
6-2-6: OBEDIENCE TO TRAFFIC SIGNALS AND TRAFFIC CONTROL DEVICES:
A. Obeying All Signs, Signals and Regulations: Every person operating a bicycle or
electric scooter shall obey the directions of official traffic signals, signs and other
control devices applicable to other vehicles, unless otherwise directed by a police
officer, including but not limited to direction signs relative to turns permitted. If an
operator dismounts from the bicycle or electric scooter he or she shall then obey
the regulations applicable to pedestrians.
B. Malfunctioning Lights:
1. If a bicyclist or electric scooter operator has stopped pursuant to encountering a
solid red ball or a solid red arrow displayed by a highway traffic signal control
light but the signal remains red more than two (2) minutes without any obvious
reasons such as emergency vehicle preemption or railroad crossing
preemption, and the bicyclist or electric scooter operator has a reasonable belief
that the traffic signal is inoperative or non-responsive, the bicyclist or electric
scooter operator may disregard or disobey the instructions of the signal and
proceed through the intersection after yielding right-of-way to all conflicting
traffic such as vehicles, bicycles, electric scooters, pedestrians, and other modes
of travel provided that the bicyclist or electric scooter operator cautiously
proceeds through the intersection or crosswalk with reasonable care and
consideration for all other applicable rules of the road.
2. The provisions of this subsection B also apply to a bicyclist or electric scooter
operator who has stopped pursuant to encountering a solid DONT WALK or solid
upraised hand (symbolizing don't walk) indication displayed by a traffic signal
control light. (Ord. 545 0=2019)
6-2-7: PLACE OF RIDING:
A. Street or Highway with no Marked Bicycle Lane: Any person operating a bicycle or
electric scooter on a street or highway without a marked bicycle lane must ride with
the flow of traffic on the right side thereof, except under any of the following
situations:
Page 37 of 50
1. When riding along another vehicle or bicycle or electric scooter while overtaking
or passing that vehicle or bicycle or electric scooter proceeding in the same
direction.
2. When preparing for a left turn at an intersection or into a road or a driveway.
3. When avoiding any road condition that may affect the operation of bicycles or
electric scooters, including but not limited to parked vehicles, drain grates, debris,
fixed objects, surface hazards, and substandard width lanes that make it unsafe
to continue along the right side of the roadway.
4. When travelling on a facility that would allow bicycle or electric scooter traffic on
the left side of the roadway.
5. When a street has parallel-parked cars that, when doors are opened, could
create a collision with the person riding a bicycle or electric scooter.
6. When an advanced stop line (i.e., a bicycle box) allows for bicyclists or electric
scooter operators to filter to the front of a traffic lane at a traffic sign or signal
and turn.
7. When a person is operating a bicycle or electric scooter upon a roadway which
carries traffic in one direction only and has two (2) or more marked traffic lanes,
the bicyclist or electric scooter operator may ride on the left traffic lanes.
8. When the bicycle or electric scooter is part of a parade or special event authorized
by the City.
B. Riding on Shoulder: Bicyclists or electric scooter operators may ride on the shoulder
or a designated bicycle lane.
C. Slow Moving Bicyclists or Electric Scooter Operators: Bicyclists or electric scooter
operators operating on a roadway at less than the normal speed of traffic shall ride
as close to the right curb or edge of the roadway as safe as practical.
D. Bicycle Lane:
1. Any person operating a bicycle or electric scooter within a bicycle lane may
move out of the lane unless prohibited by traffic control signs.
2. No person operating a bicycle or electric scooter shall leave a bicycle lane
Page 38 of 50
until the movement can be made with reasonable safety and then only after
giving an appropriate signal.
3. A bicyclist or electric scooter operator may ride against the flow of traffic in a
bicycle lane designated for counter flow bicycle traffic.
4. No person shall drive a motor vehicle in a bicycle lane established on a
roadway except as follows:
a.) To park where parking is permitted.
b.) To enter or leave the roadway.
c.) To prepare for a turn within a safe distance from the intersection.
d.) To yield to an approaching emergency vehicle.
E. Operation on Sidewalk: Bicycles or electric scooters may be operated upon the
public sidewalks if done in a careful and prudent manner except where signs are
erected that prohibit riding on the sidewalk or when riding on a sidewalk is
prohibited by other laws or ordinances. Riding on a sidewalk in the Central Business
District is prohibited. (QTd-545 0-2019)
6-2-8: PARKING:
No bicycle or electric scooter shall be parked upon a street or sidewalk in such a manner
as to interfere with free passage by the public.A bicycle or electric scooter may stop, stand
or park on a sidewalk if not prohibited by this Code. (Ord. 5495, 6 10 2019)
6-2-9: SIGNALING TURNS: Bicycle or electric scooter operators shall use the following
signals to indicate a turn or a slow/stop:
A. Left turn: Left hand and arm extended horizontally to left.
B. Right turn: Left hand and arm extended upward to the left.
C. Stop or decrease of speed: Left hand and arm extended downward. (Ord. 5495,-6-
10 2019)
6-2-10: PASSING:
Page 39 of 50
A. Passing Maneuver: Bicyclists or electric scooter operators may overtake and pass
another vehicle when it is safe to do so. Except as allowed under subsection 6-2-7A of
this chapter, bicyclists or electric scooter operators should always pass on the left except
when the bicyclist or electric scooter operator is in a bicycle lane or there are two (2) or
more lanes in the direction of travel, in which case passing on the right is permitted. To
pass a motor vehicle, the bicyclist or electric scooter operator must first move to the left
lane. After overtaking the motor vehicle, the bicyclist or electric scooter operator must
return to the right lane once reaching a safe and clear distance in front of the vehicle.
B. Audible Signal: Every person lawfully operating a bicycle or electric scooter upon a
public roadway when approaching another mode of travel such as a pedestrian or another
bicyclist or electric scooter operator shall produce a clear audible warning signal before
overtaking and passing to warn the other party of the intention to pass. ((DFd. 5495, 0-
244-9)
6-2-11: YIELD TO PERSONS IN CROSSWALKS:
A person operating a bicycle or electric scooter shall yield the right-of-way to a pedestrian,
bicyclist or electric scooter operator crossing the roadway or path within any marked
crosswalk, or within any unmarked crosswalk at an intersection or multi-use recreational
trail crossing. (Ord. 5495, 6-10-2019)
6-2-12: MOTORISTS:
A. Yield To Persons In Crosswalk: A person operating a motor vehicle shall yield the
right-of-way to a person, such as a pedestrian, a bicyclist, an electric scooter
operator, a person on a skate board, etc., crossing the roadway or path within any
marked crosswalk, or within any unmarked crosswalk at an intersection or multi-use
recreational trail crossing.
B. Separation From Bicycles or Electric Scooters: A motorist overtaking a bicycle or
electric scooter proceeding in the same direction must allow a safe and reasonable
separation between the vehicle, including any mirror or other projection, and the
side of the bicycle or electric scooter of more than five feet (5'). A motorist
overtaking a bicycle or electric scooter proceeding in the same direction may
partially cross the highway centerline between two (2) lanes of travel if it can be
performed safely and the more than the required distance of separation is obtained.
The driver of the motor vehicle shall maintain that separation until safely past the
overtaken bicycle or electric scooter.
Page 40 of 50
C. Driving Too Close: A person operating a motor vehicle shall not steer the motor
vehicle unreasonably close to or toward a person riding a bicycle or electric scooter
on a street, highway or park road, including the shoulder adjacent to the street,
highway or park road.
D. Projecting/Throwing Objects: A person shall not knowingly project or throw any
object or substance at or against a person riding a bicycle or electric scooter on
public roadway.
E. Opening Doors into Moving Traffic: No person shall open any side door of a motor
vehicle located on a street, highway or park road without first taking precaution to
ensure that this action does not interfere with the movement of traffic or endanger
any other person, vehicle, bicyclist or electric scooter operator. In addition, no
person shall leave open any protruding side door of a motor vehicle located on a
street, highway or park road for a period of time longer than necessary to load or
unload passengers and cargo. (Ord. 54950-2019)
6-2-13: VIOLATIONS:
Violations of any provision of this chapter shall be punished by a fine as established by
section 1-3-2 of this Code. The parent or guardian of any person under the age of
eighteen (18) shall not authorize or knowingly permit any such person to violate any of
the provisions of this chapter. The parent or guardian of any person under the age of
eighteen (18) who violates any of the provisions of this chapter shall be responsible to
pay the fines. A violation of any provision of this chapter by a person under the age of
eighteen (18) shall not affect any civil right or liability nor shall such violation be
considered a criminal offense. (Ord. 54950-2019)
6-2-14: SEVERABILITY:
If any section, provision or part of this chapter shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the validity of this chapter as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional. (Ofd
5495, 6 10 2019)
Page 41 of 50
CITY OF WATERLOO
Council Communication
An ordinance creating a Shared Mobility Device License
City Council Meeting: 6/1/2021
Prepared: 5/19/2021
ATTACHMENTS:
Description Type
❑ Ordinance as proposed Backup Material
Motion to receive, file, consider, and pass for the first time an ordinance
amending the City of Waterloo Code of Ordinances by creating a new
Chapter 8, Shared Mobility Device License, Title 3, Business License and
SUBJECT: Regulation.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and
adopt said ordinance.
Submitted by: Submitted By:Kelley Felchle, City Clerk
Page 42 of 50
TITLE 3
CHAPTER 8
SHARED MOBILITY DEVICE LICENSE
3-8-1: DEFINITIONS:
3-8-2: POLICY STATEMENT AND PURPOSE:
3-8-3: SCOPE:
3-8-4: OPERATING AREA:
3-8-5: APPLICATION PROCEDURE, FEE, AND DURATION OF LICENSE:
3-8-6: ISSUANCE OF LICENSE:
3-8-7: OPERATING REGULATIONS:
3-8-8: RIDER REGULATIONS:
3-8-9: RIDER PROHIBITED ACTS:
3-8-10: DATA SHARING:
3-8-11: INDEMNIFICATION:
3-8-12: INSURANCE:
3-8-13: APPEAL:
3-8-14: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
3-8-15: PENALTY:
3-8-16: SEVERABILITY:
3-8-1: DEFINITIONS:
For the purposes of this Chapter, certain terms and words are hereby defined:
A. Electric-Assist Bicycles: Electric-Assist Bicycles as defined by Section 6-2-1.
B. Operator: Any individual or business engaged in shared mobility device business regardless
of whether the operator has received a license. An operator shall include employees, managers,
officers,principals, directors, owners, contractors, representatives, or agents.
C. Rider: Any individual that pays to operate a Shared mobility device
D. Shared Electric Scooter: A device weighing less than 150 pounds, which has (i) has
handlebars and an electric motor, (ii) is solely powered by the electric motor and/or human
power, and (iii) has a maximum speed of no more than 20 mph on a paved level surface when
powered solely by the electric motor.
E. Shared Mobility Device: Shall mean any self-service vehicle made available by an individual
or business for a fee, for shared use to individuals on a temporary basis that is displayed, offered,
or placed for use on any public property and returned at the end of use on any public property.
Shared Mobility Devices may include, but are not limited to, shared electric foot scooters. A
"shared mobility device" shall not include a vehicle in service for a Transportation Network
Company or a taxicab as regulated by Article 3-5A of this code, a shared mobility device rented
from and returned to a brick and mortar business. Shared Mobility Devices may include,but are
not limited to, shared electric scooters and electric bicycles, as defined by Subsection A of
Section 6-2-1.
3-8-2: POLICY STATEMENT AND PURPOSE:
The purpose of this Chapter is to establish rules and regulations governing shared mobility
device operators and riders within the City of Waterloo (the "City") and to ensure that such
mobility sharing systems are consistent with the safety and well-being of bicyclists,pedestrians,
and other riders of the public rights-of-way.
3-8-3: SCOPE:
This Chapter applies to any proposed deployment of a shared mobility device within the City's
jurisdictional boundaries.
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3-8-4: OPERATING AREA:
The city may, by resolution, establish boundaries for operating shared mobility devices and set
maximum speed limits within those boundaries. Operators shall be required to conduct business
within this operating area.
3-8-5: APPLICATION PROCEDURE, FEE, AND DURATION OF LICENSE:
A. Any entity or individual seeking to operate a shared mobility device program within the City
shall first obtain a shared mobility device license ("License") from the City conditioned on
compliance with the provisions of this ordinance and any other conditions (including insurance,
indemnity, and performance bond) established by the city clerk. No entity shall operate a shared
mobility device program within the City except pursuant to such license and provisions(each such
operator, a"Licensee").
B. Contents of Application: Applicants for a license under this chapter shall complete and submit
to the city clerk an application, fee, and supporting documentation, all of which shall include but
not be limited to the following information:
1. The name, address, and phone number of the applicant, along with at least one form of
identification that includes a photograph of the applicant. The name, address and phone
number of the business. The name and contact information of the local manager if the local
manager is not the applicant.
2. The type and number of shared mobile devices to be used.
3. A certificate of insurance and indemnification agreement as required in Sections 3-8-11
and 3-8-12 of this Chapter.
4. Application fee as listed in Subsection E of this Section.
C. Filing: Applications shall be filed with the city clerk's office. No application shall be accepted
for filing and processing unless it conforms to the requirements of this chapter. This includes a
complete and true application, all of the required materials and information prescribed, and the
appropriate application fee.
D. Timely Filing: An application must be filed at the office of the city clerk not less than fifteen
(15) business days prior to the first day of operation for a new license or the expiration date of a
shared mobile device license. The city reserves the right to reject any application not filed in a
timely manner.
E. Fees: The license shall last two years, have an initial annual cost of$500, and have a renewal
cost of$200 per year thereafter. Application fees are due at the time of filing the application and
are not refundable. Once the license is issued, the licensee shall be required to pay to the city
$0.05 per ride purchased by a rider on a quarterly basis. All outstanding fees owed to the city must
be paid in order to receive and maintain a license.
C. Change in Application Information: Upon any change in any of the information required to be
submitted as part of the application,the licensee shall,within five(5)business days of such change,
notify the city clerk in writing and provide the updated information.
3-8-6: ISSUANCE OF LICENSE:
A. Issuance and Licensee Limits: If the city clerk finds the application is complete and made in
conformance with Section 3-8-4 of this chapter, and upon investigation of the facts stated therein
are correct, a license shall be issued. All outstanding fees owed to the city shall be paid prior to
issuing the license. The city clerk shall issue a license to no more than three (3) shared mobility
device licenses.
B. Term of License: An initial license shall be issued for a period of two years. Following the
initial license period, a new license may be issued for a period of one year.
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3-8-7: OPERATING REGULATIONS:
A. Except as otherwise provided herein, City shall regulate the operation of shared mobility
devices in a manner no more restrictive than its regulation of shared bicycles.
B. Licensees shall provide easily visible contact information, including toll-free phone number
and/or e-mail address on each shared mobility device for City employees and/or members of the
public to make relocation requests or to report other issues with devices.
C. Fleet Size/Caps: Licensees shall target an initial fleet size of an amount similar to other cities
with comparable population. The City shall allow Licensees to increase their fleet size on a
weekly/monthly basis in the event that Licensees provide data that supports increases in certain
areas to meet rider demand for service.
D. Licensees shall maintain 24-hour customer service for customers to report safety concerns,
complaints, or to ask questions. Licensees shall maintain a multilingual website, call center,
and/or mobile app customer interface that is available twenty-four hours a day, seven days a
week. The aforementioned shall be compliant with the Americans with Disabilities Act.
E. In the event a safety or maintenance issue is reported for a specific device, that shared
mobility device shall be made unavailable to riders and shall be removed within the timeframes
provided herein. Any inoperable or unsafe device shall be repaired before it is put back into
service.
F. Within Licensees' zone of operation, Licensees shall respond to reports of incorrectly parked
shared mobility devices, shared mobility devices continuously parked in one location for more
than 72 hours, or unsafe/inoperable shared mobility devices by relocating, re-parking, or
removing the shared mobility devices, as appropriate, within 24 hours of receiving notice, except
that Licensees shall respond within 4 hours of receiving notice in emergency situations.
G. In the event a Licensee does not timely respond, and the condition of the shared mobility
device cannot be easily remedied, such shared mobility devices may be removed by City crews
with notice to Licensee and taken to a City facility for storage at the expense of the licensee, not
to exceed$20 per shared mobility device.
H. Licensees shall provide notice to all riders that:
1. Shared mobility devices are to be ridden on streets, and where available, in bike lanes
and multi-use recreational trails;
2. Shared mobility devices are to stay to the right of street lanes and to offer the right-of-
way to bicycles on bike lanes and multi-use recreational trails;
3. Helmets are encouraged for all riders; and
4. Riding responsibly is encouraged, and Licensee will notify riders if repeated
irresponsible riding is reported and recorded with identifying rider information.
I. Licensees shall provide education to shared mobility device riders on the City's existing rules
and regulations, safe and courteous riding, and proper parking.
J. Licensees shall ensure service meets rider demand, and shall not be required to deploy in
areas or zones where average ridership is below 1.5 rides/day.
K. Licensee shall take reasonable steps to ensure that all riders understand the requirements of
ADA accessibility and the importance of leaving ADA paths of travel clear and accessible.
L. A Licensee may stage its shared mobility devices in certain permitted parking areas. To the
extent a Licensee desires to stage shared mobility devices in areas other than the public right-of-
way, the Licensee must first obtain the right to do so from the appropriate City department,
property owner, or public agency. All staging areas must be approved by the City.
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3-8-8: RIDER REGULATIONS:
A. Shared mobility devices shall be ridden on streets, and where available, in bike lanes and
multi-use recreational trails.
B. Shared mobility devices shall stay to the right of street lanes and to offer the right of way to
bicycles in bike lanes and on multi-use recreational trails. Riders of shared mobility devices shall
be eighteen(18) years of age or older.
C. Riders of shared mobility devices shall park devices upright on hard surfaces in the furniture
zone of the sidewalk,beside a bicycle rack or in another area specifically designated for bicycle
parking, or on the street next to an unmarked curb. A furniture zone is defined as the outer four
foot section of a sidewalk along the curb.
D. Riders may park shared mobility devices in on-street parking spaces in the following
circumstances:
1. When marked parking spaces are officially designated stations for such devices;
2. Where the furniture zone is less than three feet wide;
3. Where there is no furniture zone;
4. In neighborhoods with rolled curbs, or with inadequate sidewalk space;
5. In marked parking spaces designated for motorcycles.
E. Riders may park shared mobility devices on blocks without sidewalks only if the travel
lane(s) and 6-foot pedestrian clear zone are not impeded.
F. Riders may park shared mobility devices on blocks without sidewalks only if the travel
lane(s) and 6-foot pedestrian clear zone are not impeded.
3-8-9: RIDER PROHIBITED ACTS:
A. Shared mobility devices shall not be ridden on sidewalks.
B. Riders shall not park shared mobility devices in such a manner as to block the pedestrian
clear zone area of the sidewalk; ADA paths of travel including accessible ramps, any fire
hydrant, call box, or other emergency facility; bus bench; or utility pole or box.
C. Riders shall not park shared mobility devices in such a manner as to impede or interfere with
the reasonable use of any commercial window display, outdoor seating area, or access to or from
any building entrance/exit doorway.
D. Riders shall not park shared mobility devices in such a manner as to impede or interfere with
the reasonable use of any bicycle rack.
E. Riders shall not park shared mobility devices in the landscape/furniture zone directly adjacent
to or within the following areas, such that access is impeded:
1. Transit zones, including bus stops, shelters,passenger waiting areas and bus layover
and staging zones, except at existing bicycle racks;
2. Loading zones;
3. Disabled parking zone;
4. Street furniture that requires pedestrian access (e.g., benches, parking pay stations,bus
shelters, transit information signs, etc.);
5. Curb ramps;
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6. Entryways; and
7. Driveways.
3-8-10: DATA SHARING:
A. City may require Licensees to provide anonymized fleet and ride activity data for all trips
starting or ending within the jurisdiction of City on any vehicle of Licensee or of any person or
company controlled by, controlling, or under common control with Licensee, provided that, to
ensure individual privacy:
1. Such data is provided via an application programming interface, subject to Licensee's
license agreement for such interface, in compliance with a national data format specification
such as the Mobility Data Specification;
2. Such data shall be safely and securely stored by City which shall implement
administrative,physical, and technical safeguards to protect, secure, and, where appropriate,
encrypt or limit access to the data;
3. Such data shall be subject to publicly-available aggregation, retention, and privacy
policies of Licensee and City;
4. Any such data provided shall be treated as trade secret and proprietary business
information, and shall be exempt from public records requests and requests by third parties
except with the consent of Licensee; and
5. Such data shall not be shared with law enforcement except pursuant to valid legal
process.
B. City shall require Licensee to provide such data to validate the quarterly completed ride fee
payment listed in Subsection E of Section 3-8-5.
3-8-11: INDEMNIFICATION:
Apart from and separate from any insurance required under this Chapter, the licensee and its
Company agree to indemnify, defend and hold harmless City(and its officials, employees,
officers, agents, contractors, insurers, or assigns) from and against all actions, damages or
claims, including reasonable attorneys' fees, (collectively, "Claims")brought against City for
personal or bodily injury or death to any person, or damage or destruction of any property,
arising out of or resulting from performance or breach regarding any activity related to a Shared
Mobility Device license provided that such claim, damage, loss, or expense is: (1) attributable to
personal injury,bodily injury, sickness, death, or destruction of property, including the loss of
use resulting therefrom, or breach of contract, and(2)not caused by the negligent act or omission
or willful misconduct of the City or its elected and appointed officials and employees acting
within the scope of their employment. City's right to indemnification shall be contingent on City
notifying Company promptly following receipt or notice of any Claims; Company shall have
sole control of Company's defense, including the ability to choose counsel; and City shall not
consent to the entry of a judgment or enter into any settlement without the prior written consent
of Company.
3-8-12: INSURANCE:
Licensees shall provide City with proof of insurance coverage exclusively for the operation of shared
mobility devices including: (a) Commercial General Liability insurance coverage with a limit of no less
than$1,000,000.00 each occurrence and$2,000,000.00 aggregate; (b)Automobile Insurance coverage
with a limit of no less than$1,000,000.00 each occurrence and$1,000,000.00 aggregate; and(c)where
Licensee employs persons within the City,Workers' Compensation coverage of no less than the statutory
requirement. Licensees' insurance shall also name City as an additional insured on a primary and non-
contributory basis, including a waiver of subrogation in favor of City. A certificate of insurance shall be
delivered to the city clerk prior to the issuance of a license. Licensees are required to maintain insurance
coverage throughout the duration of the license.
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3-8-13: APPEAL:
A person may appeal a decision of the city clerk to deny an application by filing a written appeal
to the office of the city clerk within fourteen (14) days of the date of the decision. An
administrative fee of fifty dollars ($50.00) shall be paid at the time the appeal is filed. Failure to
file the appeal and pay the administrative fee shall constitute a waiver of the right to a hearing, and
the decision shall thereupon become final. If the written appeal and administrative fee are filed in
conformance with this section, a hearing shall be scheduled and conducted pursuant to 3-8-14.
3-8-14: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. Any application filed or license issued under the provisions of this chapter may be denied,
suspended, or revoked by the city clerk as follows:
1. Violation of any provision of this chapter or any other section of this code or has
otherwise conducted business in a negligent and or an unlawful manner.
2. Fraud, misrepresentation, or false statements made in securing a license.
3. Fraud, misrepresentation, or false statements made in the course of the applicant's
business.
4. Failure to cooperate and with all reasonable requests of any official of the city.
5. Failure of any licensee to maintain the appropriate insurance, or county, state, and
federal licenses and permits, during the term of the license.
B. Upon receipt of information alleging grounds exist to suspend or revoke a shared mobility
device license, or a written appeal and administrative fee have been received at the office of the
city clerk,the city clerk shall cause a notice to be sent by ordinary mail to the applicant or licensee
at the address noted in the application. Said notice shall state that a hearing has been set before
the city council not less than thirty(30) days from the date of the notice. The notice shall include
the reason and grounds for the hearing, the date and time of the hearing, and the place where the
hearing will be conducted. The licensee shall have thirty (30) days from the date of the notice to
remedy such grounds for the denial, suspension, or revocation.
C. Upon such hearing, if the city council determines that one or more of such grounds do exist, it
may suspend or revoke an existing license or uphold a decision to deny a license. A suspension
shall constitute a minimum period of fourteen (14) calendar days from the date of the hearing,
during which period the licensee may not conduct any business. In the event such license is
revoked,no shared mobile device license shall be issued to the licensee for a period of one calendar
year from the date of the revocation. The licensee shall have thirty (30) days to remove the
licensee's fleet of shared mobility devices from the city's right-of-way.
3-8-15: PENALTY:
A. Licensee: Any person who violates any of the provisions of this chapter shall be guilty of a
municipal infraction and fined as provided in section 1-3-2 of this code. The provisions of this
chapter relating to Section 3-8-6 shall apply to all shared mobile device operators whether or not
they are a licensed mobile food business.
B. Riders: Shared mobility device riders who violate Sections 3-8-8 or 3-8-9 of this chapter or
any section of Title 6, Chapter 2 Bicycles, shall be guilty of a municipal infraction and fined as
provided in Section 1-3-2 of this code. The parent or guardian of any person under the age of
eighteen(18)who violates any of the provisions of this Chapter shall be responsible to pay the
fines. A violation of any provision of this Chapter by a person under the age of eighteen (18)
shall not affect any civil right or liability nor shall such violation be considered a criminal
offense.
3-8-16: SEVERABILITY:
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If any section,provision or part of this chapter shall be adjudged invalid or unconstitutional, such
adjudication shall not affect the validity of this chapter as a whole or any section, provision or
part thereof not adjudged invalid or unconstitutional.
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CITY OF WATERLOO
Council Communication
Discussion on housing rehabilitation, with presentations by Habitat for Humanity, Community Development,
and the Mayor's Task Force on Housing and Landlord Policies.
City Council Meeting: 6/1/2021
Prepared: 5/20/2021
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