HomeMy WebLinkAboutCouncil Packet - 8/3/2020Council Work Session
August 3, 2020
Time indicated below
Harold E. Getty Council Chambers
Roll Call.
Approval of Agenda, as proposed or amended.
3:40 p.m. Discussion of amendments to Waterloo City Code Section 9-2-13:
Fireworks.
Submitted By: Pat Morrissey, Ward 3 Council member
Approx. Discussion of a baby changing station ordinance.
4:10 p.m.
Submitted By: Jonathan Grieder, Ward 2 Council member
Approx. Discussion of face mask mandate resolution.
4:40 p.m.
Submitted By: Jonathan Grieder, Ward 2 Council member
ADJOURNMENT
Kelley Felchle
City Clerk
CITY OF WATERLOO
Council Communication
Discussion of amendments to Waterloo City Code Section 9-2-13: Fireworks.
City Council Meeting: 8/3/2020
Prepared: 7/29/2020
REVIEWERS:
Department Reviewer Action Date
Clerk Office Felchle, Kelley Approved 7/29/2020 - 11:52 AM
ATTACHMENTS:
Description Type
❑ Amendments to Fireworks Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Discussion of amendments to Waterloo City Code Section 9-2-13:
Fireworks.
Submitted By: Pat Morrissey, Ward 3 Council member
Amendments To Fireworks
Title 5, Chapter 2 Section 13
First: In 5-2-13 B.
Eliminate/Delete the words "or display fireworks" so it reads: " B.
Prohibitions and Use: It shall be unlawful for any person to use or explode any
consumer fireworks within the corporate limits of the City of Waterloo..."
Second: In 5-2-13 B. add new sentences with the first part being B. (i.).
B.(ii.) shall read: "The use of consumer fireworks that mimic display
fireworks or rise to decibel level or to elevation is banned from use at
all times within the corporate limits of the City of Waterloo unless the user has
obtained a permit as outlined in the Code of Iowa."
[Note: Title 4, Chapter 5, Section 1 of Waterloo Code of Ordinances is the
Noise Control Ordinance. It gives noise disturbance and real property definitions. The
Noise Ordinance refers to Violations that "through explosive devices producing
decibel levels which endanger the comfort, repose, health or peace of residents."]
Third: Add to 5-2-13. B. "(iii.): Consistent with the Code of Iowa, use of fireworks
within the corporate limits of the City of Waterloo, when such occurs on July 3, 4 and
5, shall only occur on the user's personal real property. Use of fireworks, unless a
permit has been obtained, is not allowed on city-owned/public sidewalks, rights -of -
way, streets, parks, parking lots, etc... Nor is use allowed on personal real property if
that personal real property is not owned by the user of fireworks unless the owner
has obtained consent prior to use. Violation is a simple misdemeanor."
Fourth: Add to 5-2-13 B. "(iv.): It shall be prohibited to direct use of consumer
fireworks in any direction other than onto the user's personal real property or the
real property where the owner has given prior consent."
Fifth: Add to 5-2-13. B. "(v.): All consumer firework debris shall be removed from
user's personal real property or wherever such use has resulted in its debris being
located."
Sixth: To 5-2-13. G.
1.) Delete the word "Compensation" as compensation is not in any
language within this section.
2.) Delete and change the following phrase: " During the annual
period when fireworks sales are allowed, this section may be
enforced..."
Change to read: G. (i.) " During the annual periods when fireworks sales
are
allowed, this section {13) shall be enforced..."
Seventh: Add to 5-2-13. G (ii.) " Citation(s) for violation(s) of 5-2-13 shall be directed
at: 1.) person(s) observed/found to have violated 5-2-13; 2.) the owner of personal
real property on which evidence exists of violation of 5-2-13. Furthermore, where
evidence of violation of the Noise Control Ordinance or Nuisance Property exists,
such citations shall be written. All such citations subject to minimum $375.00 fine."
Finally, the vendors of fireworks need to be monitored during sales periods as to type
of "consumer" fireworks sold and to posting the mandated "Prohibitions on Use".
CITY OF WATERLOO
Council Communication
Discussion of a baby changing station ordinance.
City Council Meeting: 8/3/2020
Prepared: 7/29/2020
REVIEWERS:
Department Reviewer Action Date
Clerk Office Felchle, Kelley Approved 7/29/2020 - 12:15 PM
ATTACHMENTS:
Description Type
❑ Ordinance as proposed Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Discussion of a baby changing station ordinance.
Submitted By: Jonathan Grieder, Ward 2 Council member
Prepared by Martin M. Petersen, City Attorney, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4323.
ORDINANCE NO. XXXX
AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF
ORDINANCES BY ENACTING A NEW SECTION SIX, OF CHAPTER 1
BUILDING CODE, TITLE 9, BUILDING REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS
FOLLOWS:
Section 1. That a new Section 6, Changing Stations, of Chapter 1 Building Code, Title 9, Building
Regulations, is enacted as follows:
9-1-6: CHANGING STATIONS:
A. REQUIREMENT. Each publicly available and accessible restroom serving
International Building Code Group A and Group M occupancy type areas, hospitals,
and city owned buildings, shall be equipped with a minimum of one safe, sanitary,
and convenient baby changing station under the following circumstances:
1. New building: all new buildings providing areas with the occupancy types
specified, hospitals, and city owned buildings;
2. Existing building: all buildings providing areas with the occupancy types
specified, hospitals, and all city owned buildings; and any of the following
changes made:
a. A new restroom is built;
b. The square footage of an existing restroom is increased by 50 square feet
or more;
c. The number of fixtures of an existing restroom is increased.
B. EXCEPTIONS. The requirement to provide baby changing stations does not apply to
a restroom that contains clear and visible signage indicating where an alternative
restroom and/or a designated area approved by the Building Official with a baby
changing station is located within the same building and on the same floor.
C. DEFINITION. Baby Changing Station: Means a baby changing station, deck, table,
or similar amenity that is intended for use by the public for the purpose of changing
diapers on children weighing up to 50 pounds.
D. APPEALS. Appeals to this requirement can be submitted to the Building Official.
Section 3. This ordinance shall be in full force and effect from and after its passage and
publication as provided by law.
INTRODUCED: , 2020
PASSED 1st CONSIDERATION: , 2020
PASSED 2nd CONSIDERATION: , 2020
PASSED 3rd CONSIDERATION: , 2020
PASSED AND ADOPTED this day of 2020.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle
City Clerk
Ordinance No. XXXX
Page 2
CITY OF WATERLOO
Council Communication
Discussion of face mask mandate resolution.
City Council Meeting: 8/3/2020
Prepared: 7/29/2020
REVIEWERS:
Department Reviewer Action Date
Clerk Office Felchle, Kelley Approved 7/29/2020 - 12:16 PM
ATTACHMENTS:
Description Type
❑ Resolution as proposed Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Discussion of face mask mandate resolution.
Submitted By: Jonathan Grieder, Ward 2 Council member
Prepared by Jonathan Grieder, Ward 2 Council member, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2020-XXX
RESOLUTION ADOPTING A FACE MASK MANDATE FOR
THE CITY OF WATERLOO.
Whereas, we, the elected representatives of the City of Waterloo, took an oath to uphold
and defend the Constitution of the United States and the Constitution of the State of Iowa; and,
Whereas, the emergence of the novel coronavirus, SARS-CoV-2, that causes the diseases
COVID-19, can result in serious illness or death and can easily be spread from person to person;
and,
Whereas, on January 31, 2020, the United States Department of Health and Human
Services declared a national public health emergency related to the dangers posed by COVID-19;
and,
Whereas, on March 9, 2020, the Governor of the State of Iowa, Kim Reynolds, signed a
proclamation of disaster emergency for the entire State of Iowa based on the increasing numbers
in the State of Iowa testing positive for COVID-19; and,
Whereas, on March 11, 2020, the World Health Organization declared the COVID-19
outbreak to be a worldwide pandemic; and,
Whereas, on March 13, 2020, the President of the United States signed an emergency
declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act
authorizing emergency response measures in all fifty states in response to COVID-19; and,
Whereas, the most current local data relating to COVID-19 as provided by the Iowa
Department of Public Health ("IDPH") and the Black Hawk County Department of Public Health
("BHCDPH") show that the state, Black Hawk county, and Waterloo continue to experience
significant community spread of this disease; and,
Whereas, the City of Waterloo has a compelling interest to protect the lives of its
residents; and,
Whereas Article III, Section 38A of the Iowa Constitution grants municipalities the power
to determine their local affairs and government not inconsistent with the laws of the general
assembly; and,
Whereas, Chapter 364 of the Iowa Code reaffirms the constitutional grant of home rule
authority to municipalities "to exercise any power and perform any function it deems appropriate
to protect and preserve the rights, privileges, and property of the city or its residents, and improve
the peace, safety, health, welfare and convenience of its residents"; and,
Whereas, a city "may exercise its general powers subject only to limitations expressly
imposed by state or city law," and the exercise of a city power "is not inconsistent with a state
law unless it is irreconcilable with the state law." Iowa Code section 362.2(2) and (3); and
Whereas, a city may set standards "more stringent than those imposed by state law, unless
a state law provides otherwise." Iowa Code section 364.3(a); City of Des Moines v. Gruen, 457
N.W.2d 340, 343 (Iowa 1990); Bryan v. City of Des Moines, 261 N.W.2d 685, 687 (Iowa 1978);
and,
Whereas, the Center of Disease Control ("CDC"), the IDPH, and BHCDPH, have all
determined and encouraged that face coverings are an critical tool in the fight against COVID-19
Resolution No. 2020-xxx
Page 2
that could reduce the spread of the virus particularly when used universally within a community;
and,
Whereas, the Governor's current proclamation requires that businesses and gatherings
ensure social distancing of employees, customers, and attendees, increased hygiene practices, and
other public health measures to reduce the risk of transmission of COVID-19 consistent with the
guidance of the IDPH; and,
Whereas, the IDPH' s reopening guidance advises that members of the public consider the
use of cloth face coverings when distancing is not possible because wearing a face covering in
public places where social distancing measures are difficult can help slow the spread of COVID-
19; and,
Whereas, a requirement that persons in the City of Waterloo wear face coverings is
essential to reducing the risk of transmission of COVID-19, and necessary to protect the health,
welfare, and safety of residents, visitors and accelerate local recovery efforts; and,
Whereas, a requirement that persons wear a face covering is not irreconcilable with the
Governor's proclamations and the guidance of the Iowa Department of Public Health; and,
Whereas, this resolution is not meant to be stigmatizing or punitive and is in the best
interest of the health, welfare, and safety, and economic recovery of the City of Waterloo and its
residents; now, therefore
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO, IOWA, as follows:
Section 1. Every person in the City of Waterloo must wear a face covering when:
a. In public as opposed to one's place of residence, when one cannot stay six (6)
feet apart from others.
b. Inside any indoor public settings, including but not limited to:
1. Grocery stores
2. Pharmacies
3. Hardware stores
4. Retail stores
5. Other public settings that are not one's place of residence and
when among people who do not live in the same household
6. City buildings
c. Outside if maintaining six (6) feet apart is not possible
d. Using public transportation or private car services (including taxis, ride share, or
carpooling)
Section 2. No business that is open to the public may provide service to a customer or
allow a customer to enter is premises, unless the customer is wearing a face covering as
required by this resolution, and businesses that are open to the public must post signs at
entrance(s) instructing customers of their legal obligations to wear a face covering while
inside.
Section 3. Those who are exempt from wearing a face covering:
a. Persons younger than 2 years of age due to the risk of suffocation
b. Anyone who has trouble breathing, on oxygen therapy, or ventilator
c. Anyone who is unconscious, incapacitated, or otherwise unable to remove their
face covering without assistance
Resolution No. 2020-xxx
Page 3
d. Anyone who has been told by a medical, legal, or behavioral health professional
not to wear face coverings
e. Anyone actively engaged in a public safety role, including but not limited to law
enforcement, firefighters, or emergency medical personnel.
Section 4. Places and times where a persons are exempt from wearing a face covering;
a. While traveling in a personal vehicle alone or with household members
b. While a person is alone or with household members
c. While exercising at moderate or high intensity e.g. swimming, jogging, biking
d. While seated at a food establishment in the process of eating or drinking
e. While obtaining a service that would require temporary removal of the persons
face covering
f. When federal or state law prohibits wearing a face covering or requires the
removal of a face covering.
Section 5. If a cloth face covering is chosen, appropriate use of a cloth face covering
includes:
a. A snug fit, but comfortable against the side of the face
b. Completely covers the nose and mouth
c. Is secured with ties or ear loops
d. Includes multiple layers of fabric
e. Allows for breathing without restriction
f. Can be laundered and machine dried without damage or change in shape.
Section 6. The enforcement mechanism for this resolution shall be left up to the Mayor
of the City of Waterloo or their designee with the aim towards compliance not punishment.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, this this th day of August 2020.
ATTEST:
Kelley Felchle
City Clerk
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Quentin Hart, Mayor