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HomeMy WebLinkAbout04.19.2021 council minutes April 19, 2021 The Council of the City of Waterloo, Iowa, met in Regular Session via Zoom video conference, at 5:30 p.m., on Monday, April 19, 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: 159793 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, April 19, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159794 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, April 5, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring May 1, 2021 as Global Love Day. Proclamation declaring April 25-May 2, 2021 as Arbor Week. Recognition of Waterloo's Pee Wee state wrestlers. Award presentation from Main Street Iowa. PUBLIC COMMENTS Mr. Morrissey stated he was happy to receive the e-mail from Rodney Anderson regarding the progress of All In Grocers and hopes by the end of this year to see the project completed. He explained he is hoping, within a few weeks, to bring a proposal forward to the council for saving the Dunsmore House. He asked that for each tree that is brought down in the area of Fairfield and Normandy Street, that the City plant a replacement tree in municipal golf courses and preferably Bur Oak trees. Mrs. Klein stated she was happy to read about NASA astronaut and Columbus High School graduate, Raja Chari, being chosen as a commander of a mission going to the International Space Station this fall and to the moon in 2024. She also shared that her condominium association voted to plant trees lost to Emerald Ash Borer this spring. Mrs. Juon shared she was involved in a Neighborhood Association gathering this weekend along with the Mayor, Jan Newman 2030 Visioning, numerous City Department representatives, and a Vista volunteer and expressed what a wonderful job the associations are doing for the community. Mr. Boesen stated he has received numerous complaints regarding pothole repairs and the amount of excess loose rock left on the street damaging cars and windshields. He requested getting sweepers out to clean up repair areas and listed specific streets with excess rock and dust. Mr. Boesen feels the Public Works Department needs to come up with work schedule for completing the cleaning. 159795 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159796 - Juon/Grieder that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated April 12, 2021, in the amount of$3,358,159.85 and April 19, 2021, in the amount of$3,185,882.38, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. April 19, 2021 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2021-223. 2. Resolution approving the request of Benjamin Sullivan for tax exemptions on the construction of a new single family home valued at $265,687, for property located at 3366 Lincolnshire Avenue, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-224. 3. Resolution approving the request of Casey Dyball for tax exemptions on the construction of a new single family home valued at$500,000, for property located at 4843 Shelley Court, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-225. 4. Resolution approving the request of Hayley Bakula for tax exemptions on the construction of a new single family home valued at $285,000, for property located at 1640 Blue Wing Drive, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-226. 5. Resolution approving the request of Tyler Mahncke for tax exemptions on the construction of a new single family home valued at $203,075, for property located at 1745 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-227. 6. Resolution approving the request of Jay and Julie Eckhardt for tax exemptions on the construction of a new single family home valued at $338,918, for property located at 3376 Lincolnshire Road, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-228. 7. Resolution approving the request of 3 Sprouts Properties, LLC, for tax exemptions on the construction of home improvements valued at $19,000, for property located at 212 Polk Street, and located within the Consolidated Urban Revitalization Area(CUBA). Resolution adopted and upon approval by Mayor assigned No. 2021-229. 8. Resolution approving the request of Jeff and Linda Owen for tax exemptions on the construction of home improvements valued at $100,000, for property located at 1222 Northey Street, and located within the Consolidated Urban Revitalization Area(CUBA). Resolution adopted and upon approval by Mayor assigned No. 2021-230. 9. Resolution approving the request of Kenneth Young for tax exemptions on the construction of home improvements valued at$82,000, for property located at 817 Cloverdale Avenue, and located within the Consolidated Urban Revitalization Area(CUBA). Resolution adopted and upon approval by Mayor assigned No. 2021-231. 10. Resolution awarding bid to Restoration Services Inc., of Waterloo, Iowa, in the amount of $77,500, in conjunction with the Waterloo Public Library Exterior Facade Repair Project. Resolution adopted and upon approval by Mayor assigned No. 2021-232. 11. Resolution setting date of public hearing as May 3, 2021 to approve an Exchange Agreement and Assignment of Real Estate Contract with L& H Farms, Ltd., for the acquisition of property in Black Hawk County in exchange for property in the San Marnan TIF District in the amount of$1,336,269.46 for 28.499 acres, and up to $10,000 in closing costs, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-233. April 19, 2021 Page 3 12. Resolution approving a RISE grant application for an Immediate Opportunity Project, designating the Mayor as the official representative of the City, authorizing the Mayor to affix his signature to said application,providing financial assurances in conjunction with same, accepting responsibility for improvements to East Lake Street extension, for a total project cost of$598,903.75, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2021-234. 13. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 22, 2021, and date of public hearing as May 3, 2021, in conjunction with Demolition Services, Contract No. D-2021-05-7P, located at 725 Glenwood, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington, 915 Linden Avenue, and 200 Merriman Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-235. 14. Resolution setting date of public hearing as May 3, 2021, for the sale and conveyance of city owned property located at 928 Mulberry Street, in the amount of$2,730, to David Deeds, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-236. 15. Resolution setting date of public hearing as May 3, 2021, for the sale and conveyance of City property located northeast of 712 W Park Avenue, in the amount of$1.00, to Iowa Heartland Habitat for Humanity, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-237. 16. Resolution approving Acknowledgment/Settlement Agreement-First Violation and check in the sum of$300 for Kings and Queens Club, 304 W. 4th Street, Waterloo, Iowa, for sale of tobacco to minor violation-first offense, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2021-238. 17. Resolution setting date of public hearing as May 3, 2021 on the proposed issuance of the following bonds and instruct the City Clerk to publish notice. (Details on projects covered by each hearing are on file for review.) (a) GCP-2 -Not to exceed$700,000 General Obligation Bonds (General Corporate Purpose) (b) GCP-3 -Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (c) ECP-UR-4 - Not to exceed $1,300,000 General Obligation Urban Renewal Bonds (Essential Corporate Purpose) Resolution adopted and upon approval by Mayor assigned No. 2021-239. 18. Resolution approving Variance to Noise Ordinance request from K. Cunningham Construction Co., Inc. from April 12 - October 31, 2021, from 7:00 p.m. to 7:00 a.m. in conjunction with saw cutting of PCC Paving on University Avenue from Evergreen Avenue to Knoll Avenue. Resolution adopted and upon approval by Mayor assigned No. 2021-240. 19. Resolution approving Completion of Project and Acceptance of Work for work performed by Municipal Pipe Tool Co., LLC, of Hudson, Iowa and release of retainage in the amount of $38,509.69, in conjunction with the FY 2020 CIP Pipelining Phase IVA, and receive and file a two year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2021-241. April 19, 2021 Page 4 20. Resolution approving preliminary plans, specifications,bid documents, etc. and setting date of bid opening as April 22, 2021 and date of public hearing as May 3, 2021, in conjunction with the mowing contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-242. 21. Resolution approving preliminary specifications, form of contract, etc., setting date of bid opening as May 13, 2021, and public hearing as May 17, 2021, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-243. 22. Resolution approving cancellation of special assessments for properties located at 214 Cottage Street, 413 Wellington Street and 118 Shilliam Avenue, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2021-244. b. Motion to approve the following: 1 Travel Requests Name & Title Amount of Personnel Class/Meeting Destination Date(s) not to Exceed a. Michelle Weidner, Iowa Governmental In-office 5/18/2021 $265 CFO Roundtable webinar b. Michelle Weidner, Government Finance In-office 7/12-23/2021 $420 CFO Officers Association Webinars Virtual Conference c. LeAnn Even, Municipal Professionals Ames, IA 7/28-30/2021 $526 Deputy City Clerk Academy d. Officer Chris ASP Baton Instructor Newton, IA 5/4-6/2021 $355 Roberts Certification e. K-9 Officers Bovy, Dogs for Law Enforcement Independence, 5/3-7/2021 $1,500 Ehlers, Herkelman Certification IA and Lindaman 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Cadillac Lanes, 650 La Porte C Liquor w/Outdoor Renewal 3/27/2022 x Road Service b. National Dairy Cattle C Liquor w/Outdoor Renewal 2/28/2022 x Congress, 250 Ansborough Service Avenue c. Prime Mart, 508 Broadway B Wine/C Beer/E Renewal 3/31/2022 x Street Liquor d. Tokyo Japanese Steakhouse, C Liquor Renewal 2/13/2022 x 1931 Sears Street 3. Recommendation of appointment of Cody Marsh from the Civil Service List to the position of Systems Analyst, in the Information Technology Department, effective April 29, 2021. 4. Motion approving Change Order No. 8 with Cardinal Construction Inc., of Waterloo, Iowa, for no increase to the project total, in conjunction with the Five Sullivan Brothers Convention Center Penthouse Chiller Renovation Project, and authorizing the Mayor to execute said document. April 19, 2021 Page 5 5. Motion approving Change Order No. 10 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net decrease of$2,032.90, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. 6. Motion approving Change Order No. 11 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of$1,864, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Mr. Morrissey questioned if there are repeat requests from homeowners for CURA/CLURA applications. Mayor Hart explained the application process Mayor Hart recognized Cody Marsh as a new employee for the Technology Department and the efforts of Chris Youngblut, Technology Services Director, for his efforts this past year, especially during the budget. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 159797 - Morrissey/Feus that proof of publication of notice of public hearing on a request by Douglas C. Miller to rezone 2.71 acres, located at 6415 Kimball Avenue, from "A-1"Agricultural District to "R-1" One and Two Family Residence District, as published in the Waterloo Courier on April 9, 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. 159798 - Morrissey/Feus that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159799 - Morrissey/Feus that"an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Douglas C. Miller to rezone 2.71 acres, located at 6415 Kimball Avenue, from "A-1"Agricultural District to "R-1" One and Two Family Residence District", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Mayor Hart questioned if the contractor was ready to move forward with the project. Noel Anderson, Community Planning and Development Director, responded there was no opposition to the project, and that this measure is to split the original farmstead and the need to rezone the remaining property where the residence sits, as it no longer meets the definition of a farm in the Waterloo Zoning Ordinance. 159800 - Morrissey/Feus that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 159801 - Morrissey/Grieder that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Douglas C. Miller to rezone 2.71 acres, located at 6415 Kimball Avenue, from "A-1" Agricultural District to "R-1" One and Two Family Residence District", 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. 5592. April 19, 2021 Page 6 159802 - Amos/Feuss that proof of publication of notice of public hearing on the sale and conveyance of city owned property, formerly a platted alley located south of 118 Clark Street, to CJ Investment Properties, LLC, in the amount of$1,019.54, as published in the Waterloo Courier on April 9, 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. 159803 - Amos/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159804 - Amos/Feuss that"Resolution authorizing the sale and conveyance of city owned property, formerly a platted alley located south of 118 Clark Street, to CJ Investment Properties, LLC, in the amount of$1,019.54, and 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. 2021-245. 159805 - Feuss/Grieder that proof of publication of notice of public hearing on the sale and conveyance of city owned property located at 225 Newell Street, in the amount of$154,400, to Jason Thaw, as published in the Waterloo Courier on April 9, 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. 159806 - Feuss/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159807 - Feuss/Grieder that "Resolution authorizing the sale and conveyance of city owned property located at 225 Newell Street,in the amount of$154,400,to Jason Thaw,and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Boesen stated he supports these projects and hopes in the future the City realizes a larger profit when selling the properties to be put towards the next project. Mrs. Juon agrees with Mr. Boesen and is encouraged to see interest in the purchase of new homes in this area of the community. Resolution adopted and upon approval by Mayor assigned No. 2021-246. 159808 - Morrissey/Grieder that proof of publication of notice of public hearing on the purchase of one (1) 2022 mid-sized multi- passenger vehicle for the City Motor Pool, as published in the Waterloo Courier on April 5, 2021, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159809 - Morrissey/Grieder April 19, 2021 Page 7 that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159810 - Morrissey/Amos that "Resolution confirming specifications, bid document, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-247. 159811 - Morrissey/Grieder Motion to receive and file and instruct City Clerk to read bids. Estimate: $35,000 Bidder Total Bid Amount Dan Decry Motor Co., Inc. $26,767 2021 Voyager LX Cedar Falls, IA $29,301 2021 Voyager LXI Witham Auto Centers La Porte City, IA $25,556 2022 Transit Connect XL Voice vote-Ayes: Seven. Motion carried. 159812 - Morrissey/Amos that"Resolution approving award of bid to Witham Auto Center of La Porte City, Iowa in the amount of$ 25,556",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-248. 159813 - Feuss/Grieder that proof of publication of notice of public hearing on FY 2021 Waste Water Treatment Plant and Lift Stations Mowing Contract., as published in the Waterloo Courier on April 5, 2021, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159814 - Feuss/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159815 - Feuss/Grieder that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-249. 159816 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. Estimate: $36,706 Bidder Bid Security Total Bid Amount Option A: $975/$3,900 B&B Lawn Care, Inc. ° Option B: $200/$1,600 Waterloo, IA 5�0 Option C: $300/$1,600 Option D: $1,800 April 19, 2021 Page 8 Option A: $900/$2,600 Wilson Custom Tree ° Option B: $330/$800 Cresco, IA 5�0 Option C: $400/$850 Option D: $950 Voice vote-Ayes: Seven. Motion carried. 159817 - Feuss/Grieder that "Resolution awarding bid to Wilson Custom Tree of Cresco, Iowa, at an estimated yearly cost of $31,410, and approving the contact,bond and certificate of insurance in conjunction with the FY 2021 Waste Water Treatment Plant Lift Stations Mowing Contact, and authorizing the Mayor to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-250. 159818 - Amos/Feuss that proof of publication of notice of public hearing on Park Avenue Bicycle Signal Project, as published in the Waterloo Courier on April 9, 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. 159819 - Amos/Greider that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159820 - Amos/Greider that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Morrissey thanked Mohammad Elahi, City Traffic Engineer, for his work on the project. Mr. Boesen requested an overview of the project. Mohammad, Elahi, Traffic Engineer, explained the project adds traffic signal heads, on Park Avenue, to the existing signal, from Washington Street to Franklin Street, allowing the bicyclists to get into the middle of the intersection before the cars get the green light, improving safety for the bicyclists. Resolution adopted and upon approval by Mayor assigned No. 2021-251. Bids to be opened by Iowa Department of Transportation. 159821 - Morrissey/Grieder that proof of publication of notice of public hearing on the Downtown Traffic Camera and Fiber Optic Project, Iowa DOT Grant Project No. STBG-SWAP-8155(769), as published in the Waterloo Courier on April 9, 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. 159822 - Morrissey/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159823 - Morrissey/Grieder April 19, 2021 Page 9 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. 2021-252. Bids to be opened by Iowa Department of Transportation. RESOLUTIONS 159824 - Klein/Amos that "Resolution approving a request by Steve Troskey, on behalf of CGA Consultants, for approval of the final plat of Gardner Addition, a 2-lot residential subdivision located north and east of 603 S. Hackett Road, and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen requested an overview of the project. Noel Anderson, Community Planning and Development Director, explained YMCA owned excess land on their lot, is being sold as 2-lot subdivision for condominium association for 26-28 units. Mr. Boesen questioned if each of the units qualified for CURA/CLURA and infill incentives. Mayor Hart recommended the Community Planning and Development Director schedule a Work Session reviewing the CURA/CLURA and infill programs to update council members on the programs. Resolution adopted and upon approval by Mayor assigned No. 2021-253. 159825 - Klein/Amos that"Resolution approving submission of the FY 2022-2023 Historical Resource Development Grant application to the Iowa Department of Cultural Affairs, in the amount of$11,150,to perform phase II of the Northeast Triangle Intensive Historic Survey, 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. 2021-254. 159826 - Klein/Amos that "Resolution approving Amendment No. 1 to the Professional Services Agreement with I & S Group, Inc., originally executed January 1, 2021, in the amount of$46,000, for professional design fees and related services, and adjusting construction costs to $560,000, in conjunction with the Five Sullivan Brothers Renovation of the Second Floor Meeting Rooms and Adjacent Lobby Space Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-255. 159827 - Feuss/Boesen that "Resolution accepting a deed from Hawkeye Community College for a home located at 225 Newell Street, in the amount of$137,500,per the Project Addendum Agreement previously approved on October 16,2017,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. 2021-257. 159828 - Feuss/Boesen that "Resolution approving a Memorandum of Understanding with Iowa Northland Regional Council of Governments for preparation of a RISE grant application for the East Lake Street extension and April 19, 2021 Page 10 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. 2021-256. 159829 - Feuss/Boesen that"Resolution approving a Professional Services Agreement with AECOM Technical Services,Inc., of Waterloo, Iowa, in an amount not to exceed $225,000, in conjunction with the FY 2021 Biennial Bridge Review Program, and authorizing the Mayor to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Feuss requested an overview of the project. Jamie Knutson,City Engineer,explained this year,under federal guidelines,bridge inspections require more than in the past, as the federal Highway Administration is requiring a onetime review of all bridges, for a proposal in congress, increasing load capacities. This is to determine if current infrastructure can handle an increased capacity. Underwater inspections, with divers, has also increased cost of inspections. Jamie explained further that there are lobbying efforts to increase weights to 100,000 lbs., but there is pushback as there are concerns about the existing infrastructure. Resolution adopted and upon approval by Mayor assigned No. 2021-258. 159830 - Juon/Grieder that "Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2021 Sidewalk Repair Assessment Program - Zone 10, Contract No. 1018, and instruct the City Clerk to publish notice",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-259. 159831 - Juon/Grieder that "Resolution approving Supplemental Agreement No. 2 to the Professional Services Agreement with AECOM Technical Services, Inc., originally executed June 26, 2017, in an amount not to exceed $320,000, for Construction Review Services, in conjunction with the FY 2021 Sanitary Sewer Gatewell Repairs Phase I Project, Contract No. 951, 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. 2021-260. 159832 - Juon/Grieder that "Resolution temporarily changing Randolph Street from West 4th Street to West 5th Street from one-way traffic to two-way traffic, during the West 4th Street Construction Project",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-261. ORDINANCES 159833 - Amos/Grieder that"an ordinance establishing grades for the City of Waterloo FY 2021 Sidewalk Repair Assessment Program — Zone 10, Contract No. 1018", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey requested an overview of the projects. Jamie Knutson, City Engineer, explained the sidewalk assessment process. Mr. Morrissey questioned if establishing grades had anything to do with marking the sidewalks as to reason for required repairs. April 19, 2021 Page 11 Jamie Knutson explained that the grades of the sidewalk need to match the level of the street and that this ordinance is what that applies to that. Mr. Morrissey stated he requested information with regards to the individual squares of the sidewalks being marked indicating reason for repairs, but that he wasn't able to decipher the information provided, specifically squares that were raised or uneven, but not fractured. Jamie Knutson explained this was difficult to find on the forms as multiple code sections were cited on each form and that it would takes a couple of weeks for the staff to disseminate the forms to collect that information. Mr. Boesen questioned if the software and tablets recently purchased providing this information. Jamie Knutson explained that Zone 10 was reviewed with pencil and paper forms and that the new equipment would be implemented on Zone 1 in the future. 159834 - Morrissey/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. 159835 - Morrissey/Amos that"an ordinance establishing grades for the City of Waterloo FY 2021 Sidewalk Repair Assessment Program—Zone 10, Contract No. 1018",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. 5593. 159836 - Klein/Juon that"an ordinance amending the City of Waterloo City Code of Ordinances by amending Subsection B, Prohibitions and Use, of Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police Regulations",be received,placed on file,considered and passed for the first time. Roll call vote-Ayes: One. Nays: (Juon, Boesen, Amos, Morrissey, Feuss, and Grieder). Motion failed. Jeri Thornsberry, 704 Sheridan Road, urged the council to ban fireworks in the city of Waterloo. Justin Bartlett, Crossroads Fireworks, 2019 Crossroads Boulevard, stated his company signed a lease based on the actions the council took last August and that they would not have continued that lease if they believed the council was going to rescind that action. Mr. Bartlett further explained the company's efforts to educate the public of the city ordinance regarding the use of fireworks in city limits. Mrs. Klein explained she has heard and seen throughout the city the negative effects of fireworks and feels they should be banned with continued work on enforcement, regardless of what the state passes or is looking at passing. Mr. Boesen shared that he and council member Feuss met with Police Chief Fitzgerald and Major Liebold, who provided them with a Fireworks Enforcement Operation Plan, and that it is extremely detailed, establishes zero tolerance and that enforcement is all the council can ask for. Joel Fitzgerald, Police Chief, reviewed the policy and explained the plan for enforcing the current ordinance and educating the public regarding the use of fireworks and the zero tolerance policy. Mr. Boesen feels the state is going to take this out of the City's hands and our ability to govern locally, but that the Police Department have developed a well thought out plan for enforcing the fireworks ordinance. Mr. Morrissey questioned if the enforcement plan kept in place the ordinance passed last August and why the entire council wasn't provided with a copy of the plan. April 19, 2021 Page 12 Chief Fitzgerald explained that the information was provided to Mr. Boesen and Mr. Feuss as they had requested a meeting to review enforcement procedures. The plan was generated by his department to complete the task given,not as a report specifically for the council's review. Chief Fitzgerald stated had he had a little more time to prepare he would have been able to provide the information to the entire council for the meeting. Mr. Boesen explained this does not change the ordinance passed in August which includes citing the property owner when the person lighting the fireworks can't be found or identified. He further explained that the police are not just enforcing on specific days but from the time fireworks go on sale to the time they go off sale and are targeting specific dates and "hot spots". Mr. Boesen stated once the police start writing $375.00 fireworks violation tickets, the calls for service are going to drop. Mrs. Juon questioned when Mr. Bartlett would be distributing his flyers and stated success would depend on education and enforcement. Mr. Bartlett stated he they would be distributed from the day they open, June 1, 2021, throughout the entire season. Mr. Grieder stated that we cannot control what the state has caused and this is a compromise. He is glad to see there is a plan in place and that educating the public is the key to success. He explained zero tolerance could really take effect with enforcement on the property as opposed to citing individuals, as this proved very difficult in the past and informing the public that $375 tickets will be issued will help. Mr. Amos considers the current ordinance to be a compromise considering the state's position on fireworks,but feels all citizens were considered in the final decision. Mr. Morrissey asked Mr. Bartlett to include in his flyer, that there is a ban on fireworks exceeding a certain height and decibel levels, and give notice at all sellers to those restrictions as well. Mrs. Klein shared her gratitude for everyone who worked on the enforcement plan,but still feels a ban of fireworks is what almost all of the citizens want. Ordinance failed and Mayor assigned No. 5594. 159837 - Feuss/Grieder that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 3, Nuisances Prohibited, of Chapter 2,Nuisances, Title 4, Public Health and Safety, and enacting in lieu thereof a Section 3,Nuisances Prohibited, of Chapter 2,Nuisances, Title 4, Public Health and Safety", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 159838 - 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. 159839 - Feuss/Grieder that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 3, Nuisances Prohibited, of Chapter 2,Nuisances, Title 4, Public Health and Safety, and enacting in lieu thereof a Section 3,Nuisances Prohibited, of Chapter 2,Nuisances, Title 4, Public Health and Safety", 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. 5595. 159840 - Morrissey/Amos that "an ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 3,Electrical Regulations,of Title 9,Building Regulations, Section 5,National Electrical Code April 19, 2021 Page 13 Adoption and Section 6, National Electrical Code Amendments", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 159841 - 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. 159842 - Morrissey/Grieder that "an ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 3,Electrical Regulations,of Title 9,Building Regulations, Section 5,National Electrical Code Adoption and Section 6, National Electrical Code Amendments", 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. 5596. ADJOURNMENT 159843 - Boesen/Amos that the Council adjourn at 7:27 p.m. Voice vote-Ayes: Seven. Motion carried. LeAnn M. Even, CMC, IaCMC Deputy City Clerk