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HomeMy WebLinkAbout08.17.20.council minutes August 17, 2020 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, August 10, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Feuss, Grieder, Juon joined the meeting by telephone. Mrs. Klein was present. Prayer or Moment of Silence. Pledge of Allegiance: Joe Leibold, Police Major 158957 - Juon/Feuss that the Agenda, as proposed, for the Regular Session on Monday, August 17, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 158958 - Juon/Feuss that the Minutes, as proposed, for the Regular Session on Monday, August 3, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring August 16-22, 2020 as Water and Wastewater Workers Week. ORAL PRESENTATIONS Cathy Mahoney, 1400 Denver Street, commented that the African American community has made it known that they find the symbol of the griffin oppressive. Mrs. Klein commented that Ms. Mahoney's comments were a rant and that the noble service of police officers present and past should not be questioned and allowed to happen. Mayor Hart commented that we do not want to have a correlation painting all officers as bad apples. Mr. Feuss thanked Mayor Hart and the Traffic Department for helping the City of Cedar Rapids recover from the derecho that happened on August 10. A Derecho is a long-lived straight-line windstorm that is part of a line of powerful thunderstorms. Derechos can produce winds that are equivalent or exceed hurricane force winds. Mr. Boesen requested an update on where the city is at with paving Jefferson Street. Jamie Knutson, City Engineer, provided an update on the project. Mr. Boesen questioned if this is K. Cunningham Construction. Jamie Knutson confirmed. Mr. Boesen commented that the streets are used regularly and hoped that they can be opened quickly. He further commented on the new pothole-filling machine and questioned what would be a reasonable time to pick up the gravel after the repair is made. Randy Bennett, Public Works Director, explained that typically staff would sweep up the gravel within a few weeks but explained that if the condition of the road is bad, the gravel needs to stay on longer so it has time to seal into the joints and seams. Mr. Boesen questioned if the schedule for street sweeping will be changed to not run at the same time as garbage pick-up. Randy Bennett confirmed they are currently working on changing the schedule. Mr. Morrissey clarified comments made by Ms. Mahoney. He added that he will be bringing four resolutions and two ordinances, one 8-page and another one that is shorter, to the City Clerk. He requested for a work session next week and asked that the Mayor's ordinance presented in a work session this week be postponed until his items can be discussed. Mrs. Juon questioned how long the work session would need to be in order to address his items. August 17, 2020 Page 2 Mr. Morrissey stated that it would take several work sessions. Mr. Grieder commented that his comments during the works session about removing the police department griffin symbol were quickly muddied, as this is a passionate issue. He further clarified that he respects our police officers and police chief, and in no way intended for them to be broad brushed. He explained that his recommendation to remove the patch and replace it with a different symbol is to ensure that every citizen is comfortable with his or her interactions with the police. Mrs. Klein questioned why the list of houses to be demolished or have asbestos addressed do not include a house in the 800 block of Williston. Noel Anderson, Community Planning and Development Director, explained that someone had shown interest to rehabilitate the property, but last week the severity of the damage to the home has prompted its demolition instead. Mayor Hart questioned when it would be coming to the agenda so that Mrs. Klein can let the residents know. Noel Anderson commented that it would be on the agenda in the coming weeks. Mayor Hart provided an update on census numbers and encouraged citizens to complete the census. 158959 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 158960 - 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 August 17, 2020, in the amount of$4,018,054.51, 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. 2020-586. 2. Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and date of public hearing as September 8, 2020, in conjunction with asbestos abatement services at 120 Center Street, Contract#AB-2020-08- 1P, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-587. 3. Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and date of public hearing as September 8, 2020, in conjunction with asbestos survey services at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street, Contract#AS-2020-08-9P and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-588. 4. Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and date of public hearing as September 8, 2020, in conjunction with asbestos abatement services at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street(Former St. Mary's Church and School), and 1809 Black Hawk Street, Contract #AB-2020-08-8P, and instruct the City Clerk to publish notice. August 17, 2020 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2020-589. 5. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 3, 2020 and date of public hearing as September 8, 2020, in conjunction with demolition services, Contract#D-2020-08-1P at 120 Center Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-590. 6. Resolution setting date of public hearing as September 8, 2020, for the sale and conveyance of city owned property located at 219 Newell Street, in the amount of$139,900, to Camay Nichole Smith, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-591. 7. Resolution setting a date of public hearing as September 8, 2020, to approve a Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of Lot 10 in Block 1 of Mansons Second Addition to Hawkeye Community College for the value of services that Hawkeye Community College will provide for the project, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-592. 8. Resolution approving the request of Bonniesue W. Joy, for tax exemptions on the construction of a new garage valued at $24,200, for property located at 730 Knoll Avenue, and located in the Consolidated Urban Revitalization Area(CUBA). Resolution adopted and upon approval by Mayor assigned No. 2020-593. 9. Resolution approving the request of Jocelyne Kelly for tax exemptions on the construction of a single duplex unit valued at$159,900, for property located at 821 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-594. 10. Resolution approving the request of Jocelyne Kelly for tax exemptions on the construction of a single duplex unit valued at$159,900, for property located at 823 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-595. 11. Resolution approving the request of Jason Cremeans for tax exemptions on the construction of a single family home valued at$326,646, for property located at 1446 Audubon Drive, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-596. 12. Resolution approving the request of Josh Nowicki for tax exemptions on the construction of a single family home valued at $321,500 for property located at 1835 Waxwing way, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-597. 13. Resolution approving the request of Brian Werner for tax exemptions on the construction of a single family home valued at $245,000, for property located at 3135 Osage Avenue, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-598. August 17, 2020 Page 4 14. Resolution approving the request of Lori Honermann for tax exemptions on the construction of a single family home valued at $470,000, for property located at 4835 Shelley Court, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2020-599. 15. Resolution approving submission of a US Department of Justice Assistance Grant application, in the amount of$44,769, with no City match, in conjunction with the purchase of a police Mobile Crisis Response vehicle and related equipment. Resolution adopted and upon approval by Mayor assigned No. 2020-600. 16. Resolution approving submission of a U.S. Department of Housing and Urban Development Lead Hazard Control and Healthy Homes Grant application, in the amount of$3,700,000, with a match of$280,000 in Community Development Block Grant funds, to be used during a 3.5-year grant cycle. Resolution adopted and upon approval by Mayor assigned No. 2020-601. 17. Resolution approving request of Daria T. Shahriari for a waiver for a concrete driveway, located at 1628 W. 2nd Street, 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. 2020-602. 18. Resolution approving request of Harvey Parcel for a waiver for an asphalt driveway, located at 1834 Lorraine Avenue (approach off Wisconsin Street), with the elimination of the sidewalk section for asphalt driveways. Resolution adopted and upon approval by Mayor assigned No. 2020-603. 19. Resolution approving request of Fred Levy Jr., for a waiver for an asphalt driveway, located at 2112 City View Street, with the elimination of the sidewalk section for asphalt driveways. Resolution adopted and upon approval by Mayor assigned No. 2020-604. 20. Resolution approving request of Robert Stirm for a waiver for an asphalt driveway, located at 1920 Locke Avenue, with the elimination of the sidewalk section for asphalt driveways. Resolution adopted and upon approval by Mayor assigned No. 2020-605. 21. Resolution approving award of bid to Baker Enterprises, Inc., of Waverly, Iowa, in the amount of$869,439, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2020 Warp Drive RISE Project, Contract No. 977, and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-606. 22. Resolution approving award of bid to Kidder Construction of Waterloo, Iowa, in the amount of$302,574, and approving the contract, bonds and certificate of insurance, in conjunction with the Public Works Truck Wash Project, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2020-607. 23. Resolution approving preliminary specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and resetting public hearing as September 8, 2020, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Lobby Renovation Project, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-608. b. Motion to approve the following: August 17, 2020 Page 5 1• Travel Requests Name & Title Amount of Personnel Class/Meeting Destination Date(s) not to Exceed a. Inv. Tyler and Inv. Homicide investigation in Haltom City, July 25-28, $2,366.91 McFarland Haltom City, Texas Texas 2020 conducted by Inv. Jeff Tyler and Dave McFarland. b. Chris Ferguson, Arson K9 re-certification. Omaha, NE September 7- $795 Fire Marshal 11, 2020 c. Mindy Smith, CDBG Basics Online and Online September 15 - $300 Intake Specialist Certification October 8 (Tuesdays and Thursdays) 2 hours per day d. Wayne Castle, IStorm 2020 Storm Water Online October 28-29, $250 Associate Conference 2020 Engineer; Sarah Kempen, Storm Water Specialist e. Rusty Zey, Randy Live Aircraft Fire -Hot Eastern September 21- $1,800 Shepard, Troy Burn Training Iowa 22, 2020 Deeds, Chris Airport, Preston; Airport Cedar Ops/ARFF Rapids, Personnel Iowa 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Longhorn Steakhouse#5374, C Liquor Renewal 8/31/2021 x 1425 E. San Marnan Dr. b. Kwik Star#229, 1717 E. San B Wine and C Beer Renewal 9/24/2021 x Marnan Dr. c. Chilitos Mexican Bar and C Liquor and Outdoor Renewal 8/7/2021 x Grill, 441 E. Tower Park Dr. Service d. Landmark Commons, 1400 A Liquor, Outdoor New 7/31/2021 x Maxhelen Blvd. service e. Family Dollar Store#21424, B Wine/C Beer Renewal 8/8/2021 x 1120 Franklin St. f. Mama Nick's Circle Pizzeria, C Liquor Renewal 9/9/2021 x 1934 Washington St. 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re-Appointment John Chiles Community Development Board August 14, 2023 Re-Appointment David Deeds Airport Board June 30, 2024 New 4. Motion to approve Solicitation Registration Application by Mike Mrzlak on behalf of AMVETS Post 31, 706 Colleen Ave., Evansdale,to raise funds for veterans,honor flight, East High School Jr. ROTC, and West High School Jr. ROTC. August 17, 2020 Page 6 5. Motion to approve Change Order No. 1, adding $779.74 to the existing project total, to Woodruff Construction, LLC, of Waterloo, Iowa, for the removal of additional Asbestos Containing Building Materials (ACBM's) found in Hangar No. 4 at Waterloo Regional Airport, and authorizing the Mayor to execute said documents. 6. Motion to approve request of JSA Development, LLC, for an extension to repair sidewalks at the following locations: 301 East 4th Street(CN 22), 323-329 East 4th Street(CN 23), 510-512 Mulberry Street (CN 342), 500 block Sycamore Street (CN 408), 500 block Sycamore Street (CN 409), and 500 block Sycamore Street(CN 410). 7. Motion to approve request of Pendulum Properties, LLC, for an extension to repair sidewalks at 517- 521 Lafayette Street(CN 269). 8. Motion to approve request of JSA Development, LLC, for an extension to repair sidewalks at 425 Franklin Street(CN 221). 9. Recommendation of appointment of Nicholas Schissel to the position of Downtown Area Maintenance II in the Leisure Services Department, effective August 25, 2020. 10. Bonds. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS The following hearings were cancelled and will be scheduled for a later date: • Five Sullivan Brothers Convention Center Addition and Lobby Renovation Project • Asbestos abatement services at 120 Center Street • Asbestos abatement services at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street • Asbestos survey services at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street RESOLUTIONS 158961 - Morrissey/Grieder that "Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township,to provide fire and EMS protection, 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. 2020-609. 158962 - Morrissey/Grieder that "Resolution approving a Professional Services Agreement with ProWest and Associates, of Walker Minnesota, in the amount of $22,286.27, in conjunction with programming in ArcGis to provide the Engineering Department a digital solution for inspecting, tracking, and project management of the annual sidewalk program, 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. 2020-610. 158963 - Morrissey/Grieder that "Resolution approving Supplemental Agreement No. 3, to the Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, originally executed April 6, 2020, in an amount not to exceed $8,180, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy. 218 Project, Contract No. 1020, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. August 17, 2020 Page 7 Resolution adopted and upon approval by Mayor assigned No. 2020-611. 158964 - Klein/Grieder that "Resolution approving a request from Kenneth M. Doland, II appealing the decision of the City Engineer concerning the disallowance of a second curb cut on a property with less than 100 feet of street frontage, located at 914 Reber Avenue, together with recommendation of the Planning, Programming and Zoning Commission", be adopted. Roll call vote-Ayes: Seven. Motion carried. Noel Anderson provided an overview of the item. Mr. Boesen commented that he does not see how this is an impediment to traffic as this is a very dead end of Reber. Mr. Morrissey requested clarification that the Planning and Zoning Commission approved this. Noel Anderson confirmed. Mr. Morrissey questioned if the space allows for the addition of a garage. Noel Anderson commented that the parcel does not have the room for a garage. Kenneth Doland, 201 Terrace, commented that neighboring cars have been parking on the grass and his intent is to clean up the area by providing driveway space. Mr. Morrissey commented that Code Enforcement needs to be aware of cars parking on grass on Reber. Resolution adopted and upon approval by Mayor assigned No. 2020-612. 158965 - Klein/Grieder that"Resolution accepting a deed for a home located at 219 Newell Street from Hawkeye Community College, in the amount of$135,000, in accordance with the previously approved project addendum agreement for the construction of the home, 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. Mr. Morrissey congratulated the city, Hawkeye Community College, Former Council Member Ron Welper, and the new homeowner. Mrs. Juon commented that she echoes Mr. Morrissey's sentiment. Resolution adopted and upon approval by Mayor assigned No. 2020-613. 158966 - Klein/Grieder that "Resolution approving a request by the City of Waterloo for approval of the Preliminary Plat of the Waterloo Air and Rail Park, a twelve (12) lot commercial subdivision located north of 3040 Leversee Road, in a "M-2,P" Planned Industrial District", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-614. 158967 - Amos/Morrissey that"Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11- 3-3(D), Application Procedure and Requirements, as it relates to the approval of the final plat of Waterloo Air and Rail Park 1st Addition",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-615. 158968 - Amos/Morrissey August 17, 2020 Page 8 that "Resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 1st Addition, a 3-lot commercial subdivision located east of 2510 Leversee Road", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-616. 158969 - Amos/Morrissey that "Resolution concurring with the determination of City Planner that the proposed change to the approved site plan within an "M-2,P" Planned Industrial District for the construction of a 162,885- square-foot industrial building, 6,283-square-foot office area and 10,194-square-foot vehicle maintenance shop, located east of 1994 Newell Street, is minor, and shall be approved as a Minor Site Plan Amendment", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey questioned if this change will impact the wetlands in that area. Noel Anderson provided an overview of the item and explained that this action will not affect the wetlands in the area. Resolution adopted and upon approval by Mayor assigned No. 2020-617. 158970 - Boesen/Morrissey that"Resolution approving an Early Access Agreement with Hawkeye Community College of to allow earth-moving and foundation construction in preparation of development of the site east of 225 Newell 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. 2020-618. 158971 - Boesen/Morrissey that "Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of$1,128,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020A, of the City of Waterloo, Iowa,under the provisions of the Code of Iowa, and providing for a method of payment of said Notes", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey requested an overview of the Loan and Disbursement Agreement items. Michelle Weidner, Chief Financial Officer, provided an overview of the items. Resolution adopted and upon approval by Mayor assigned No. 2020-619. 158972 - Boesen/Morrissey that "Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of$19,186,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020C, of the City of Waterloo, Iowa,under the provisions of the Code of Iowa, and providing for a method of payment of said Notes", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-620. 158973 - Boesen/Morrissey that "Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of$5,138,000 Taxable Sewer Revenue Capital Loan Notes, Series 202013, of the City of Waterloo, Iowa,under the provisions of the Code of Iowa, and providing for a method of payment of said Notes", be adopted. Roll call vote-Ayes: Seven. Motion carried. August 17, 2020 Page 9 Resolution adopted and upon approval by Mayor assigned No. 2020-621. 158974 - Juon/Boesen that "Resolution amending the Expenditure Authorization Policy by increasing the expenditure pre- authorization limit from $1,000 to $2,500 for all purchases", be adopted. Roll call vote-Ayes: Six. Nays: One (Morrissey). Motion carried. Mrs. Juon commented that the finance committee did approve this and several other issues several months ago and would be brought to council in the future. She was surprised and disappointed to see this come to council individually. Mr. Boesen commented that he understands that Mrs. Juon is disappointed but he has asked for this change since November and is frustrated at how long it takes something to be done around the city. Mr. Morrissey questioned the reasoning behind the increase and how this affects transparency to the public. Mr. Boesen commented that the topic to increase the amount has already been discussed and agreed to in a work session. He explained the purpose is to allow department heads to allocate funding and make purchases without a delay, not to hide anything from the public. Mr. Morrissey commented that he does not see the harm in keeping it at $1,000 as it does not pose a harm to allow the public and the committee a chance to review these purchases. Mrs. Juon commented that it is frustrating to have to wait for something but she would have explained the delay in the project. Mayor Hart questioned if the monies being spent under this resolution are trackable expenses. Mrs. Juon commented that the funds are in the bill pay list and are available to the public to review. Mayor Hart questioned if another community our size has a$1,000 pre-authorization level. Michelle Weidner commented that she does not know of what other communities have for pre- authorization levels. Mr. Morrissey commented that the bill payment list is long. The pre-authorization list is shorter and puts it right in front of the public and committee. Mrs. Juon commented that the pre-authorization list does not include every single purchase over $1,000. Michelle Weidner explained that there are several purchases that the policy list as routine. Mr.Boesen commented that Des Moines is$10,000 and Cedar Rapids is$2,500 for pre-authorizations. He explained that nobody was in disagreement at the work session and the city should move forward. Resolution adopted and upon approval by Mayor assigned No. 2020-622. 158975 - Grieder/Morrissey that "Resolution adopting a face mask mandate for the City of Waterloo', be adopted. Roll call vote- Ayes: Six. Nays: One (Klein). Motion carried. Ted Lederman, 1758 Pinehurst Lane, commented that he is against having a citywide mask mandate and read several reasons why he does not support the item. David Dryer,3145 W.4t'Street, commented that the resolution treats citizens like children and should be able to choose whether or not wearing a mask is right for them. He urged council to look at the website "Frontline Doctors" as they are not recommending people wear masks in Africa. August 17, 2020 Page 10 Forest Dillavou, 1725 Huntington Road, commented that he wears a mask because he wants to wear a mask. He commented that more people are walking now and families will have to wear a mask when they walk together. John Sherbon, 1715 Robin Road, commented he was in the hospital a few weeks ago for a heart attack and explained that the nurses have to have breaks to take masks off because they cannot breathe well when wearing them. He explained an article came out in the Courier that explained the state has been misreporting COVID-19 cases. He stated that the City of Waterloo does not have the authority to pass this mandate. Mr. Grieder thanked everyone who contacted him and his council colleagues about the resolution. He explained that there are three common threads about the resolution, which include governmental justification,science,and misunderstandings about how this particular resolution works. He explained these three topics. Mrs. Juon commented that about 40 percent of the people who contacted her were not in favor of the mask mandate and listed the primary reasons why they did not support it. She stated that she is in favor of the resolution. She suggested passing the resolution then coming back and adding punishment if it is not being followed. Mr.Morrissey commented that the state and federal government have not taken steps to protect people from the disease. The council does have a right to protect the public and the resolution will enhance everyone's safety. Mr. Amos explained that he supports the resolution, as it will help save lives. Mr. Boesen clarified for the public that there is no enforcement mechanism with this resolution and that public concern on the matter is blown out of proportion. He commented that he appreciates Mr. Grieder's research and he will be supporting the resolution. Mr. Feuss commented that not wearing masks does not work and it is time for people to step up and wear a mask. School will be starting soon and the possibility of it shutting down again is real. Mrs. Klein commented she would vote against the resolution. She stated she has respect for COVID- 19 but will not live in fear of it and lives her life normally. Mayor Hart commented that local medical professionals are concerned with what is going to happen with the school system starting up again. He is concerned about what is going to happen to businesses as well because they cannot survive a second round of shutting down. Resolution adopted and upon approval by Mayor assigned No. 2020-623. ORDINANCES 158976 - Grieder/Morrissey that "an ordinance amending the City of Waterloo Code of Ordinances by enacting a new Section 6, Changing Stations, of Chapter 1, Building Code, Title 9, Building Regulations", be received, placed on file,considered and passed for the first time. Roll call vote-Ayes: Six. Nays: One(Klein). Motion carried. John Childs, 1474 Audubon Drive, thanked Mr. Grieder for wanting to do what is best for the community. He explained he serves on three boards for the community and talks to several business owners. The business owners believe the ordinance is a good idea but it adds another thing that businesses have to do. There are no benefits to public safety but an incentive program would be a great idea. Mr. Grieder provided an overview of the ordinance and addressed rumors he has heard about the ordinance. Mr. Morrissey commented that he supports the ordinance, as it is a public safety and public health issue. He believes that the ordinance will provide a safe and sanitary place to change children and that it helps encourage families to patronize businesses. August 17, 2020 Page 11 158977 - Grieder/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Five. Nays: Two (Klein and Juon). Motion failed. 158978 - Grieder/Feuss that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 13, Fireworks, of Chapter 2, General Offenses, Title 5, Police Regulations and enacting in lieu thereof a new Section 13, Fireworks, of Chapter 2, General Offenses, Title 5, Police Regulations", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Mr. Amos commented that he supports the ordinance. If things do not change, however, he will support banning fireworks in the community. Mr. Morrissey explained that an appeal process section has been added to the ordinance. 158979 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Nays: One (Klein). Motion carried. 158980 - Morrissey/Grieder that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 13, Fireworks, of Chapter 2, General Offenses, Title 5, Police Regulations and enacting in lieu thereof a new Section 13,Fireworks,of Chapter 2,General Offenses,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. 5568. 158981 - Amos/Feuss 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 rezone 8.80 acres, located at 4192 Logan Avenue from "A-1" Agricultural District to "R-2" One and Two Family Residence District, for construction of a new single-family home", be received, placed on file, considered and passed for the second time. Roll call vote-Ayes: Seven. Motion carried. 158982 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Nays: One (Klein). Motion carried. 158983 - Amos/Morrissey 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 rezone 8.80 acres, located at 4192 Logan Avenue from "A-1" Agricultural District to "R-2" One and Two Family Residence District, for construction of a new single-family home", 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. 5569. ADJOURNMENT 158984 - Amos/Morrissey that the Council adjourn at 7:40 p.m. Voice vote-Ayes: Seven. Motion carried. August 17, 2020 Page 12 Kelle# Kelley Felchle City Clerk