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HomeMy WebLinkAboutMinutes-Council Minutes-12/30/2019 December 30, 2019 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,December 30, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey,Feuss, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Janiie Knutson, City Engineer 157240 - Juon/Schmitt that the Agenda, as amended, by removing Item#9 a Development Agreement with Deer Acres, LLC,to allow additional time to work on terms of the agreement with the developer, for the Regular Session on Monday, December 30, 2019, at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 157241 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, December 16, 2019, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, commented on a land purchase made last week and questioned finance committee item number 15 that is a grant for overtime pay. He questioned if the grant was in conjunction with overtime pay for political candidates visiting Waterloo. He then commented on the marina only being for kayakers and swimmers and that it seems to him that the city only spends money on recreation rather than sidewalks and roads. Mayor Hart commented that two items on the agenda are related to reconstructing and repairing city streets. Forest Dillavou, 1725 Huntington Road,thanked Mr. Jacobs and Mr. Schmitt for their service to the city of Waterloo for serving the entire city and for working hard, especially at budget time. Mr. Morrissey commented that downtown parking continues to come up at his ward meetings. He questioned how much revenue is received by the city and listed different options for providing alternatives to downtown parking. He explained that a local artist is willing to do public art on city electrical signal boxes in downtown. He commented on concerns with the Dunmore House and that consideration for the use of unallocated bond funds should be brought before the council soon to address the concerns. He hoped that historic preservation could be a sub department of the planning department. He asked that a resolution be added to the agenda to move the February 3, 2020 council meeting to Tuesday the 4 , to allow for participation in the caucus which occurs on February 3, 2020. Mr. Morrissey read his declaration of prior notice of a motion to rescind resolution approving Merit Pay and Performance Evaluation Policy at the January 6, 2020 council meeting. Mr. Schmitt commented on the need to ensure there is follow up on a recent email concerning property near the public works building, and offered a suggestion on how to fund monuments along Highway 63 for naming opportunities of various neighborhood associations. Mayor Hart recognized both council person Jacobs and Schmitt individually and collectively thanked them for their dedication and service to the City of Waterloo. 157242 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 157243 - Juon/Schmitt December 30, 2019 Page 2 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 December 30, 2019, in the amount of$2,938,905.59 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. 2019-968. Addition,2. Resell—Aien se#iag date ef publie hearing as januar-y 13, 2020,te approve the r-eEFW84 by Reg > • 3. Resolution setting date of public hearing as January 13, 2020,to approve the request by the City of Waterloo to vacate approximately 16,500 square feet of Bluff Street right-of-way, located between W. 6th Street and W. 7th Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-970. b. Motion to approve the following: 1 Travel Requests Name&Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. JB Bolger, Golf Iowa Turfgrass Conference Altoona, January 8, 2020 $150 Manager and Tradeshow IA b. Brad VanderWerff, Iowa Turfgrass Conference Altoona, January 8-9, $195 Golf Superintendent and Tradeshow IA 2020 c. Bob Jorgensen, Golf Iowa Turfgrass Conference Altoona, January 8-9, $195 Superintendent and Tradeshow IA 2020 2. Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunday a. Anton's Volks Haus, 324 E. C Liquor New 12/19/20 x 4th Street w/Outdoor Service b. Ari'z, LLC, 504 Sycamore C Liquor New 5/14/20 x Street *6 month* c. Carlos O'Kelly's Mexican C Liquor Renewal 12/30/20 x Cafe', 2060 Sovia Drive w/Outdoor Service and Catering d. Curt's, 32 Lafayette Street C Liquor Renewal 12/31/20 x w/Outdoor Service e. Galleria De Paco & Coffee B Wine/C Liquor Renewal 12/19/20 Shop, 622 Commercial Street f. Hy-Vee Gas#2, 2221 Logan C Beer Renewal 1/2/21 x Avenue g. Hy-Vee Food &Drugstore E Liquor New 2/9/20 x #3, 1422 Flammang Drive *Ownership Update* h. New Star Liquor, 1625 W. B Wine/C Beer/E Renewal 12/10/20 x 4th Street Liquor i. Trucker Bar, 1915 Bourland C Liquor Renewal 12/12/20 x Avenue December 30, 2019 Page 3 j. XO Food &Liquor, 428 E Liquor Renewal 12/14/20 x Franklin Street 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re-Appointment John Chiles Main Street Waterloo December 31, 2020 New Redevelopment Authority Liz O'Malley Main Street Waterloo December 31,2020 New Redevelopment Authority Terry Pearson Historic Preservation December 9, 2022 Re-Appointment Stevens Commission 4. Fireworks Display at the Hippodrome for the Hairball Concert on January 10, 2020 from approximately9:15 p.m. to 11:15 p.m. 5. Recommendation of appointment of Greg Svoboda to the position of Downtown Area Maintenance Foreman, effective December 31,2019. Roll call vote-Ayes: Six. Abstain: One 1.B.2.J. (Jacobs due to business reasons). Motion carried. 157244 - Morrissey/Amos Resolution setting date of public hearing as January 13, 2020,to approve the request by Reg Drew Investments,LLC,to vacate a portion of Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a drainage and utility easement over, under and upon a portion of Fairview Avenue, and instruct the City Clerk to publish notice. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey questioned what effect this will have on the drainage problems in the area as well as the existing entrance and exits concerns. Jamie Knutson, City Engineer, vacating the right of way on Fairview will allow for future sewer extensions and will not affect improvements to drainage. He clarified that the emergency access agreement was entered into approximately 20 years ago with the property owners at that time, as a `gentleman's agreement', to allow for access by police and fire but he is unsure if that agreement is still in force. Mr. Morrissey commented that down on the list is not good enough and that these issues need to be higher on the list. Mayor Hart commented that priority discussions can move forward once the CIP is brought before council. Resolution adopted and upon approval by Mayor assigned No. 2019-969. PUBLIC HEARINGS 157245 - Schmitt/Amos that proof of publication of notice of public hearing on a request by Fred Rose, L.C., for a Site Plan Amendment to the"M-2, P" Planned Industrial District to allow for the construction of a new 14,300 square foot airport hangar, located east of 2790 Livingston Lane, as published in the Waterloo Courier on December 16, 2019, 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. 157246 - Schmitt/Amos that the hearing be closed and recommendation of approval'of Planning, Programming and Zoning Commission,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. December 30, 2019 Page 4 157247 - Schmitt/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 approve a request by Fred Rose, L.C. for a Site Plan Amendment to the "M-2, P" Planned Industrial District, to allow for the construction of a 14,300 square foot airport hangar, located east of 2790 Livingston Lane", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 157248 - Schmitt/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. Rick Morris, Attorney for Osprey Aviation, commented that time constraints do exist with the FAA and will help to move the project forward if the rules can be suspended. 157249 - Schmitt/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 approve a request by Fred Rose, L.C. for a Site Plan Amendment to the "M-2, P" Planned Industrial District, to allow for the construction of a 14,300 square foot airport hangar, located east of 2790 Livingston Lane", 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. 5532. 157250 - Morrissey/Feuss that proof of publication of notice of public hearing on Hangar and Ground Site Lease Agreement with Osprey Aviation, LLC, for property located east of 2790 Livingston Lane, in the amount of $365.15 per month, for a term ending December 31, 2059, as published in the Waterloo Courier on December 20, 2019,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. 157251 - Morrissey/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 157252 - Morrissey/Feuss that "Resolution approving Lease Agreement with Osprey Aviation, LLC, for property located east of 2790 Livingston Lane, for the ground lease of 35,055 square feet with a lease rate of$365.15 per month, for a term ending December 31, 2059, 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. 2019-971. 157253 - Amos/Morrissey that proof of publication of notice of public hearing on a request by PWS Holdings 19 IA, LLC, to vacate, sell and convey a portion of City right-of-way located at the northwest corner of Falls Avenue and Stephan Avenue, in the amount of$1.00, subject to the retention of a utility easement over, under and upon the area to be vacated, along with a Development and Minimum Assessment Agreement for the construction of a new commercial building, as published in the Waterloo Courier on December 20, 2019, 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. December 30, 2019 Page 5 157254 - Amos/Morrissey that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 157255 - Amos/Morrissey that "an ordinance approving a request by PWS Holdings 19 IA, LLC, to vacate a portion of City right-of-way, subject to the retention of a utility easement over, under and upon the area to be vacated, located at the northwest corner of Falls Avenue and Stephan Avenue", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. Noel Anderson, Community Planning and Development Director, provided an overview of the item and added that the developer asked to suspend the rules to move the project forward. 157256 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. 157257 - Amos/Morrissey that "an ordinance approving a request by PWS Holdings 19 IA, LLC, to vacate a portion of City right-of-way, subject to the retention of a utility easement over, under and upon the area to be vacated, located at the northwest corner of Falls Avenue and Stephan Avenue", be considered and passed for the second and third times and adopted. Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5533. 157258 - Amos/Morrissey that"Resolution authorizing sale and conveyance of a portion of City owned right-of-way, subject to the retention of a utility easement over, under and upon the area to be vacated to PWS Holdings 19 IA, LLC, in the amount of$1.00, and authorizing the Mayor to execute said documents",be adopted. Roll-call vote-Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-972. 157259 - Amos/Morrissey that "Resolution approving a Development Agreement and Minimum Assessment Agreement with PWS Holdings 19 IA, LLC, for property located at the northwest corner of Falls Avenue and Stephan Avenue, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-973. 157260 - Morrissey/Feuss that proof of publication of notice of public hearing on FY 2020 3200 block of W. Airline Highway Sanitary Sewer, Contract No. 979, as published in the Waterloo Courier on December 13, 2019,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. 157261 - Morrissey/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. December 30, 2019 Page 6 157262 - Morrissey/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-974. 157263 - Morrissey/Feuss that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-975. 157264 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $157,830.75 Bidder Bid Security Total Bid Amount Vieth Construction Corporation 5% $171,263.50 Cedar Falls, IA Dave Schmitt Construction Co., Inc. 5% $185,730.10 Cedar Rapids, IA J&K Contracting, LLC 5% $176,424.00 Urbandale, IA Boomerang Corp. 5% $377,777.00 Anamosa, IA Lodge Construction, Inc. 5% $235,731.00 Clarksville, IA Peterson Contractors, Inc. 5% $154,204.00 Reinbeck, IA Voice vote-Ayes: Seven. Motion carried. 157265 - Schmitt/Amos that proof of publication of notice of public hearing on Reallocation of Unspent Proceeds of the General Obligation Bonds, Series 2016A in an amount not to exceed$550,000,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. David Dryer, 3145 W. 4t` Street, commented that he searched online and found that the reallocation is for dam repair. He questioned if the dollars could have been spent sooner and commented he heard a rumor that the repair would cost over$550,000. Jamie Knutson, City Engineer, explained that the cost of repairs will not exceed $550,000 and there will be a change order on the next council agenda for a$75,000 decrease in the original bid amount. Michelle Weidner commented that the language on the agenda is provided by bond attorneys and explanations about purpose is listed in the council communication. She provided an overview of why the dollar amount was set at $550,000 and the cost associated with a bond reallocation. 157266 - Schmitt/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 157267 - Schmitt/Amos December 30, 2019 Page 7 that "Resolution instituting proceedings to take additional action and approving the reallocation of certain unspent proceeds of the General.Obligation Bonds, Series 2016A, of the City of Waterloo, Iowa", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Morrissey questioned which projects had money removed in order to fund this dollar amount. Michelle Weidner explained that this is an essential corporate purpose which came from engineering funds and named a number of projects from which the funds were pulled. Jamie Knutson explained that money from Virden Creek Levee was moved because the project has an 18-24 month timeline which allows for new funds to be allocated at the upcoming CIP. Mr. Morrissey commented that he takes issue with the reallocation as money has previously been taken from the Virden Creek project and it is continually left on hold, and that maybe postponing the matter for another week is a good idea to have time to review how projects will be affected. Mayor Hart asked for confirmation that the Virden Creek project will still be completed despite moving funds around. Jamie Knutson explained that if council approves the contract to construct the Virden Creek Levees, the city is obligated to continue all the way through construction. Mayor Hart commented on his commitment to see that this project will get done. Mr. Morrissey questioned if repairs for the bladder dam can be delayed in order to move forward with Virden Creek projects. Mayor Hart explained that this is something council will need to decide based on staff recommendation. Jamie Knutson commented that the Virden Creek project is an 18 month to 2 year project. Delaying repair to the bladder dam would result in another year of boating on the river. Mr. Jacobs commented that the Chief Financial Officer made a logical choice in moving the Virden Creek Funds to make a repair to the bladder dam and he supports the reallocation of funds. Mrs. Kline commented that she has faith and trust in Mr. Knutson and Mrs. Weidner and that their expertise should be honored. Mr. Morrissey commented that he would like to request a listing of projects that the reallocation affects and how much money is coming from each project. Resolution adopted and upon approval by Mayor assigned No. 2019-976. RESOLUTIONS 157268 - Morrissey/Feuss that "Resolution approving an Amendment to the Lease Agreement with the State of Iowa, represented by the Iowa Armory Board, amending the timeline of lease renewal to five (5) 20-year terms, for property located north of 3106 Airport Boulevard, 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. 2019-977. 157269 - Morrissey/Feuss that "Resolution approving the Economic Development Assistance Contract with Lincoln Savings Bank, of Waterloo, Iowa and the Iowa Economic Development Authority, for High Quality Jobs Program-Tax Credit Component incentives, 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. 2019-978. December 30, 2019 Page 8 of flffee r-esidetAial units, leeated at 1427 1429 W. 3r-d 8-4feet aad 405 Bayard Stfeet, v� a- 1-ue ef $75,000 eaeh, affd approving a Develepmei4 Cir-ant ef $5,000 per- tmit, and authorizing the Ma�;er- and Gity Clerk to exeeute said deeumerAs", be adepted. Roll eall vote Ayes: r alio eaffied. Resolution..,7epte,7 and, pon approval by Ma:,,.f assigned Ne 2019 157270 - Morrissey/Feuss that Final Quantity Summary for a net decrease of$153,274.73, in conjunction with the FY 2019 Asphalt Overlay Program, Contract No. 964, be received, placed on file and approved. Voice vote- Ayes: Seven. Motion carried. 157271 - Morrissey/Feuss that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of$3,294,708.70, in conjunction with the FY 2019 Asphalt Overlay Program, Contract No. 964, and receive and file a two-year maintenance bond",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-979. 157272 - Klein/Amos that Final Quantity Summary for a net decrease of $468,198.36 in conjunction with the FY 2018 Street Reconstruction Program, Contract No. 944, be received, placed on file and approved. Voice vote-Ayes: Seven. Motion carried. 157273 - Klein/Amos that"Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of$6,732,945.86, in conjunction with the FY 2018 Street Reconstruction Program, Contract No. 944, and receive and file a two-year maintenance bond", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-980. 157274 - Klein/Amos that "Resolution approving award of bid to Tricon General Construction, Inc., of Dubuque, Iowa, in the amount of $3,808,500, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2020 Virden Creek Levee Improvements, Contract No. 947, 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. 2019-981. 157275 - Schmitt/Amos that "Resolution approving construction plans for sanitary sewer serving the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract 986, as submitted by Wayne Claassen Engineering and Surveying, of Waterloo, Iowa, and Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and the final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, 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. 2019-982. 157276 - Schmitt/Amos December 30, 2019 Page 9 that "Resolution accepting Quit Claim Deed from Chicago, Central and Pacific Railroad Company with regards to the spur line crossing on Broadway Street", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-983. 157277 - Schmitt/Amos that "Resolution approving a Professional Services Agreement, in an amount not to exceed $8,000, with HR Green of Cedar Rapids, Iowa, for the creation of redevelopment options for the Chamberlain area and immediate surrounding areas, and authorizing the Mayor to execute said documents",be adopted. Roll call vote-Ayes: Seven. Motion carried. Noel Anderson provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2019-984. 157278 - Amos/Morrissey that "Resolution approving a Professional Services agreement with HR Green of Cedar Rapids, Iowa, in an amount not to exceed, $3,000, for a final environmental cleanup report of the former CMC site, currently Public Works building, 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. 2019-985. 157279 - Amos/Morrissey that "Resolution approving a Development Agreement with Osprey Aviation, LLC, for the development of an approximate 14,300 square foot airport hangar through a lease agreement, with a tax rebate amount of 90 percent for years one through five, 85 percent for years six through ten, 80 percent for years eleven through fifteen and 50 percent for years sixteen through twenty, with a minimum assessment of$1.1 million, and authorizing the Mayor and City Clerk to execute said documents",be adopted. Roll call vote-Ayes: Seven. Motion carried. David Dryer, 3145 W. 41h Street, questioned how much money will be returned through taxes to the city. Noel Anderson explained that the city is currently receiving zero taxable value on the site. This action will allow the city to receive property taxes and own the building after fifty years. Resolution adopted and upon approval by Mayor assigned No. 2019-986. 157280 - Feuss/Morrissey that "Resolution approving an Acquisition Contract and accepting a deed from T&S Properties Management II, LLC, in the amount of$54,311.46, to acquire 2,708 square feet of right-of-way and 4,722 square feet of temporary easement, and reimbursement for loss of 1,150 square feet of concrete parking for the Downing-Ansborough Widening Project, located at 1315-1325 Ansborough Avenue, 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. 2019-987. 157281 - Feuss/Morrissey that "Resolution approving an agreement with UniFirst Corporation of Grundy Center, Iowa, for a period of three (3) years, to provide laundry service for Waterloo Fire Rescue, 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. 2019-988. December 30, 2019 Page 10 ORDINANCES 157282 - Morrissey/Feuss that "an Ordinance amending the City of Waterloo Code of Ordinances, by repealing the definition of"Gender" in Chapter 1, Official City Code, Section 1-1-2, Rules of Construction, Definitions, and Chapter 2, Municipal Charter and Seal, Section 1-2-2, Municipal Seal, and Chapter 3, General Penalty, Section 1-3-1 General Penalty, and Chapter 3, General Penalty, Section 1-3-2, Municipal Infractions, Subsection E, Administrative Fees, all of Title 1, Administration, in their entirety and enacting in lieu thereof a new definition of"Gender" in Chapter 1, Official City Code, Section 1-1-2, Rules of Construction, Definitions, and Chapter 2 Municipal Charter and Seal, Section 1-2-2 .Municipal Seal, and Chapter 3 General Penalty Section 1-3-1 General Penalty, all of Title 1, Administration", be received, placed on file, considered and passed for the second time. Roll call vote-Ayes: Seven. Motion carried. 157283 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 157284 - Morrissey/Feuss that "an Ordinance amending the City of Waterloo Code of Ordinances, by repealing the definition of"Gender" in Chapter 1, Official City Code, Section 1-1-2, Rules of Construction, Definitions, and Chapter 2, Municipal Charter and Seal, Section 1-2-2, Municipal Seal, and Chapter 3, General Penalty, Section 1-3-1 General Penalty, and Chapter 3, General Penalty, Section 1-3-2, Municipal Infractions, Subsection E, Administrative Fees, all of Title 1, Administration, in their entirety and enacting in lieu thereof a new definition of"Gender" in Chapter 1, Official City Code, Section 1-1-2, Rules of Construction, Definitions, and Chapter 2 Municipal Charter and Seal, Section 1-2-2 Municipal Seal, and Chapter 3 General Penalty Section 1-3-1 General Penalty, all of Title 1, Administration", be considered and passed for the third time and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5534. ADJOURNMENT 157285 - Juon/Morrissey that the Council adjourn at 6:43 p.m. Voice vote-Ayes: Seven. Motion carried. ta e_,� Kelley Fel chl City Clerk