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HomeMy WebLinkAboutCouncil Packet - 10/31/2022THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, PLANNING SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, October 31, 2022 5:30 PM RULES FOR PLANNING SESSION PUBLIC COMMENT The city council shall only receive public comment on bill payments and emergency agenda items listed on a planning session agenda. Public comment on bill payments and emergency items shall be conducted in accordance with Waterloo City Code Section 1-4A-34 (see below). The city council shall not receive any public comment during the meeting on agenda items designated as planning discussion topics. Waterloo City Code Section 1-4A-34: At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence Pledge of Allegiance Rob Nichols, At -Large Council Member Agenda, as proposed or amended. Minutes of October 17, 2022, Regular Session, as proposed. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving Variance to Noise Ordinance request from Keiana James, in conjunction with the Cedar Valley March For Our Lives Rally, to be held on November 5, 2022 from Noon to 2:00 p.m., beginning and ending at Lincoln Park and including a march on the sidewalks of E. Park Avenue, Sycamore Street and E. 5th Street. Submitted By: Major Leibold B. Motion to approve the following: 1. TRAVEL REQUESTS a. Lab Investigator Sgt Devine, Inv. Hageman, Inv. Watson and 1 CSI to be determined Class/Meeting: International Association for Identification Educational Conference Destination: Ankeny, IA Page 1 of 15 Dates: 11/15-17/2022 Amount not to exceed:$1,290.00 b. Mohammad Elahi, Traffic Engineer Class/Meeting: 30th Annual Municipal Streets Seminar and Traffic & Safety Forum Destination: Ames, IA Dates: 11/15-16/2022 Amount not to exceed: $300.00 c. Jason Hernandez, Medical Supervisor Class/Meeting: Iowa Emergency Medical Services Association Annual Conference and Trade Show Destination: Des Moines, IA Dates: 11/10-12/2022 Amount not to exceed: $710.00 ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 2 of 15 CITY OF WATERLOO Council Communication Minutes of October 17, 2022, Regular Session, as proposed. City Council Meeting: 10/31/2022 Prepared: ATTACHMENTS: Description Type ā‘ Minutes of October 17, 2022 Backup Material Submitted by: Submitted By: Page 3 of 15 October 17, 2022 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, October 17, 2022. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Nichols, Amos, Wilder and Feuss, joined the meeting. Absent: Chiles and Grieder. Prayer or Moment of Silence. Pledge of Allegiance: Mayor Quentin Hart 100871 - Feuss/Wilder that the Agenda, as proposed, for the Regular Session on Monday, October 17, 2022, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. 100872 - Feuss/Wilder that the Minutes, as proposed, for the Regular Session on Monday, October 3, 2022, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. Proclamation declaring October 19, 2022 as Gentleman Day. Proclamation declaring October 23-29, 2022 as National Lead Poisoning Prevention Week. PUBLIC COMMENTS Priscilla Cunningham, 603 S. Hackett Road, shared that it is the law that individuals have a right to fair housing. She listed the different ways she is facing discrimination with her eviction. She is currently staying at a shelter and she is wanting someone to help her. Leon Begay, 204 Baltimore, commented that she has been retaliated against by Martin Realtors for complaining to the city about improvements that need to be made to her home. Many people that are evicted and are living in shelters are facing additional barriers to getting back into housing. He also pointed out that additional rental inspectors need to be hired to help with the rental -housing program. Sarah Hill, 437 Cutler Street, shared that Priscilla came to the Getting Ahead group. She attended the class and is now a facilitator and advocate. People are asking for a decent place to live but they keep coming up against an LLC Group that is stopping people from getting what they need to live decently. She explained they are asking for help. Belinda Creighton -Smith, 416 Oliver, shared that she is speaking in support of Priscilla Cunningham. The fact is that her home was not up to code and paid her rent on time but was evicted nonetheless. Pressure needs to be put on prosecutors. The community needs the help of the city council to help people who are oppressed and marginalized can be helped. Patricia Washington shared that she is in a similar situation. She moved to Iowa in July. When she moved in, she was not welcome. The neighbors were not friendly and the neighbors would continue to trash the yard. She complained to Fischels Realty and they did nothing. She shared that she did not feel safe at the location and Fischels Realty told her that she would be breaking her lease and would not be getting her deposit back. She shared that her name has been black balled because Fischels Realty said she owes them $1,000 and nobody wants to rent to her. Mr. Feuss shared that Mr. Grieder is cancelling his forum tomorrow evening. 100873 - Feuss/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Five. Motion carried. CONSENT AGENDA 100874 - Feuss/Amos that the following items on the consent agenda, with the exception of item 1.A.6 to be removed for discussion, be received, placed on file and approved: Page 4 of 15 October 17, 2022 Page 2 1. a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated October 10, 2022, in the amount of $3,038,850.72 and October 17, 2022, in the amount of $2,960,822.67, 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. 2022-637. 2. Resolution approving the request by JSA Development, LLC, for tax exemptions on two apartments valued at $590,000.00, for property located at 519 East 3rd Street, and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2022-638. 3. Resolution approving Variance to Noise Ordinance request from Emily Nyren, in conjunction with the Waterloo Lights the Night event, to be held on November 26, 2022 from 6:00 p.m. to 8:00 p.m., from the top of the parking garage behind Sub City and Newton's Paradise Cafe. Resolution adopted and upon approval by Mayor assigned No. 2022-639. 4. Resolution setting date of public hearing as November 7, 2022, to approve the request by BCP Development LP and Dr. Robert A Behar to rezone approximately 1.3 acres from "C-2" Commercial District to "C-2, C-Z" Conditional Zoning District to allow for an auto repair shop and sales located at 1237 Flammang Drive (former Petco store), and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-640. 5. Resolution setting date of public hearing as November 7, 2022 for a request by SKS Communications for a Site Plan Amendment in the "B-P" Business Park District to construct a 2,400 square foot office building, with related parking, located northeast of 3173 Titan Trail, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-641. 6. Resolution approving the installation of two (2) 25 MPH speed humps in the 300 block and 700 block of Bishop Avenue. Resolution adopted and upon approval by Mayor assigned No. 2022 7. Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as November 3, 2022 and date of public hearing as November 7, 2022, in conjunction with the purchase of two (2) John Deere 1580 Terrain Cut Out -front Mowers, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-642. b. Motion to approve the following: a. b. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed B.Weliver, Fire Marshal and J.VanDyke, Fire Inspector 2022 Fire Prevention & Building Safety Education Conference Des Moines, IA November 1-3, 2022 $1,350.00 Rudy Jones, Pam Mast and Angie Fordyce - National Community Woodstock, IL October 30 - November 2, 2022 53,845.00 Development Association HOME Page 5 of 15 October 17, 2022 Page 3 2. c. d. a. b. c. d. e. f. g• h. i. J. k. Community Development Staff Underwriting /Subsidy Layering D.Jensson, Captain and B.Lowe, Fire Fighter 2022 Iowa HazMat Training Symposium; Training is reimbursable by NIRG Johnston, IA September 29- 30, 2022 $465.00 Mayor (Honeywell Meeting) Meals for small city strategic planning kick-off. Convention Center, Waterloo, IA September 22, 2022 $1,163.27 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday The Brown Bottle, 209 W. 5th Street C Liquor Renewal 10/21/2023 x Chapala Mexican Restaurant, 900 LaPorte Road C Liquor w/Outdoor Service Renewal 10/22/2023 x Fareway #951, 40 W. San Marnan Drive B Wine / C Beer / E Liquor Renewal 11/15/2023 Guddi Mart, 306 Byron Avenue E Liquor Renewal 10/17/2023 x HyVee Wine & Spirits #1, 2126 Kimball Avenue _ B Wine / C Beer / E Liquor Renewal 11/14/2023 x Jameson's Public House, 310 E. 4th Street C Liquor w/Outdoor Service and Catering Renewal 11/2/2023 x Kwik Star #380, 506 W. 9th Street B Wine / C Beer Renewal 11/18/2023 x Kwik Star #1004, 111 E. Donald Street B Wine / C Beer Renewal 10/21/2023 x Prime Mart 5, 508 Broadway Street B Wine / C Beer / E Liquor Renewal 9/15/2023 _ x Three Amigos Family Restaurant, 2820 Falls Avenue C Liquor Renewal 8/24/2023 x Walmart #1496, 1334 Flammang Drive B Wine / C Beer / E Liquor Renewal 9/30/20x23 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment John Beckman Board of Adjustment December 18, 2027 Re -Appointment Jeri Thornsberry Board of Adjustment December 18, 2027 Re -Appointment Craig Holdiman Board of Adjustment December 18, 2027 Re -Appointment 4. Motion approving recommendation of appointment of Pam Mast from the civil service list, to the position of Intake -Project Specialist, effective October 18, 2022. 5. Motion approving the recommendation of appointment of Stephanie Shavers from the civil service list to the position of Neighborhood Services Coordinator, effective November 1, 2022. 6. Motion approving a fireworks display application of Mike Barrett, for the Waterloo Lights The Night Fireworks event on November 26, 2022, with the display occurring at 9:00 p.m. on the East Side Parking Ramp. Page 6 of 15 October 17, 2022 Page 4 7. Bonds. Roll call vote -Ayes: Five. Motion carried. 100875 - Feuss/Amos 1.A.6 Resolution approving the installation of two (2) 25 MPH speed humps in the 300 block and 700 block of Bishop Avenue. Roll call vote -Ayes: Five. Motion carried. Rebecca Shock, 821 Bishop Ave, commented that it is an emergency to get a speed hump installed as speeding on the street is excessive. She spent a lot of time getting names of neighbors who want to see the speed hump installed. She shared that she is asking for an additional speed hump between the 1200 and 1300 block of Bishop Avenue. Resolution adopted and upon approval by Mayor assigned No. 2022-643. PUBLIC HEARINGS 100876 - Feuss/Wilder that proof of publication of notice of public hearing on FY 2023 Sidewalk Repair Assessment Program - Zone 2, Contract No. 1064, as published in the Waterloo Courier on October 3, 2022, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 100877 - Feuss/Wilder that the hearing be closed. Voice vote -Ayes: Five. Motion carried. 100878 - Feuss/Wilder that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-644. 100879 - Feuss/Wilder Motion to receive and file and instruct City Clerk to read bids. Engineer's Estimate: $558,408.29 Bidder Bid Security Total Bid Amount Brock Even Construction LLC Jesup, IA 5% $593,016.58 Midwest Concrete Inc. Peosta, IA 5% $576,893.30 Voice vote -Ayes: Five. Motion carried. 100880 - Feuss/Wilder that "Resolution approving award of bid to Midwest Concrete of Peosta, Iowa, in the amount of $576,893.30, approving the contract, bond and certificate of insurance, in conjunction with the FY2023 Sidewalk Repair Assessment Program, Contract No. 1064, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-645. Page 7 of 15 October 17, 2022 Page 5 100881 - Amos/Feuss that proof of publication of notice of public hearing on the purchase of one (1) 2022 or newer Track Skid Loader, as published in the Waterloo Courier on October 7, 2022, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 100882 - Amos/Feuss that the hearing be closed. Voice vote -Ayes: Five. Motion carried. 100883 - Amos/Feuss that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-646. 100884 - Amos/Feuss Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Amount Murphy Tractor & Equipment Co. Waterloo, IA $83,879.00 Murphy Tractor & Equipment Co. Waterloo, IA $91,647.00 Black Hawk Equipment Waterloo, IA $82,444.28 Altorfer CAT Cedar Rapids, IA $114,441.00 Voice vote -Ayes: Five. Motion carried. 100885 - Amos/Feuss that "Resolution awarding bid to Black Hawk Equipment of Waterloo, Iowa in the amount of $82,444.28 in conjunction with the purchase of one (1) 2022 or newer Track Skid Loader", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-647. RESOLUTIONS 100886 - Nichols/Amos that "Resolution confirming Experience Waterloo Board's recommendation of awarding Hotel -Motel Grant funds to the following: Iowa Steam in the amount of $3,000.00 and 50/50 Bowling Tournament in the amount of $3,000.00", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-648. 100887 - Nichols/Amos that "Resolution approving a Professional Services Agreement with AECOM Technical Services Inc., of Waterloo, Iowa, in an amount not to exceed $249,500.00, in conjunction with the Waterloo Sanitary Sewer Improvements Cattle Congress Lift Station and Force Main, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-649. Page 8 of 15 October 17, 2022 Page 6 100888 - Nichols/Amos that "Resolution approving a Professional Services Agreement with Modus of Waterloo, Iowa, in the amount of $24,000.00, in conjunction with the Waterloo Center of the Arts - Youth Pavilion Phase II Boiler Replacement Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-650. 100889 - Boesen/Feuss that "Resolution approving Supplemental Agreement No. 2, to a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally executed March 11, 2019, in an amount not to exceed $58,944.00, in conjunction with the Delane Avenue Storm Water Detention Improvements Project, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-651. 100890 - Boesen/Feuss that "Resolution approving a request by the City of Waterloo to dedicate a natural gas easement over a portion of Lot 14 and Tract "K", Midport America Park Plat No. 2, and the Southeast Quarter and Southwest Quarter, Section 5, Township 89 North, Range 13 West of the 5th PM", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-652. 100891 - Boesen/Feuss that "Resolution approving a request by the City of Waterloo to dedicate a public utility easement over a portion of the Southwest Quarter (SW 1/4) and the Northwest Fractional Quarter (FRL NW 1/4) of Section 5, Township 89 North, Range 13 West of the Fifth Principal Meridian (5th PM)", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-653. 100892 - Feuss/Wilder that "Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in an amount not to exceed $2,725.00, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-654. 100893 - Feuss/Wilder that "Resolution approving a Development Agreement with KL Properties, LLC for the construction of 2,400 square foot office building and Minimum Assessment Agreement in the amount of $220,000.00, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-655. 100894 - Feuss/Wilder that "Resolution approving an Encroachment Agreement with Gregory Schreiber to allow for an 18 foot by 24 foot garage to extend 4 feet on to an easement, located at 928 Loretta Avenue in the "R-2" One and Two Family Residence District, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Five. Motion carried. Page 9 of 15 October 17, 2022 Page 7 Resolution adopted and upon approval by Mayor assigned No. 2022-656. 100895 - Nichols/Amos that "Resolution approving a request by 5 Bees, LLC Jonny B. Construction, for an appeal to the City Code requirement prohibiting vehicles from parking on the city -owned right-of-way of West 16th Street, located across West 16th Street from 1728 Black Hawk Street, to allow an approximate 20 foot by 120 foot paved area between the street and the property line", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-657. 100896 - Nichols/Amos that "Resolution amending the original resolution, approved on August 17, 2020, said Resolution Approving and Authorizing a Loan and Disbursement Agreement with the Iowa Finance Authority and Authorizing and Providing for the Issuance of Taxable Sewer Revenue Capital Loan Note, Series 2020B, in order to provide for the funding of a sponsored project under the terms of a new note to be issued in the principal amount of $4,861,743.40", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-658. 100897 - Nichols/Amos that "Resolution authorizing an exception to the City of Waterloo's Purchasing Policy to approve the purchase of one (1) 2021 (Demo) Curb Roller CM4000 w/Profile 2 Standard Drum in the amount of $8,500.00 and one (1) 2019 (Used) Curb Roller HP1300 Hydra Pack Generator in the amount of $4,395.00 from Star Equipment, LTD of Waterloo, Iowa", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-659. 100898 - Feuss/Wilder that "Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., for design services for pavement rehabilitation to Runway 12/30; Taxiway Alpha East; and, Taxiway Echo at the Waterloo Regional Airport, in an amount not to exceed $106,600.00, via future FAA Grant No. FAA-AIP-3-19-0094-053, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-660. 100899 - Feuss/Wilder that "Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., for design services for pavement reconstruction to Taxiway Alpha West at Waterloo Regional Airport, in an amount not to exceed $227,400.00, via future FAA Grant No. FAA-BIL-AIP-3-19-0094-056- 2023, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-661. 100900 - Feuss/Wilder that "Resolution approving a Professional Services Agreement not to exceed $14,000.00 with HR Green to submit an FY 2023 EPA Brownfields Cleanup Grant to cover costs associated with abating asbestos containing material in Former Rath Packing Buildings located at 1442, 1508, 1620 and 1656 Sycamore Street, and authorize the Mayor to execute said document", be adopted. Roll call vote - Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-662. Page 10 of 15 October 17, 2022 Page 8 100901 - Feuss/Wilder that "Resolution approving a Project Memorandum of Agreement with the Waterloo Development Corporation for the continuing partnership for projects in Downtown Waterloo, including the whitewater course, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Five. Motion carried. Mr. Boesen questioned if there is asbestos in these buildings. Noel Anderson, Community Planning and Development Director, provided an overview of the item and explained that there is asbestos in the building and the city is going for a grant to abate the asbestos. Mr. Boesen commented that council was initially told that Crystal Ice did a study and there was no asbestos in the building. Noel Anderson explained that he that because a lot of pipe wrap had been replaced, Crystal Ice believed there was no asbestos. However, a full report shows that asbestos was found in other materials. He said he would forward that report to Mr. Boesen. Resolution adopted and upon approval by Mayor assigned No. 2022-663. ORDINANCES 100902 - Amos/Boesen that "an ordinance amending the City of Waterloo Traffic Code by adding Subsection (4a) - Bishop Avenue to Section 541, Increasing Speed Limits in Certain Areas - Bishop Avenue from the 1200 block to Independence Avenue - 30 MPH Independence Avenue to Martin Luther King Jr. Drive - 35 MPH and adding Subsection (52a) - Northeast Drive from Martin Luther King Jr. Drive to Newell Street - 35 MPH", be received, placed on file, considered and passed for the first time. Roll call vote - Ayes: Five. Motion carried. 100903 - Amos/Boesen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Motion carried. 100904 - Amos/Boesen that "an ordinance amending the City of Waterloo Traffic Code by adding Subsection (4a) - Bishop Avenue to Section 541, Increasing Speed Limits in Certain Areas - Bishop Avenue from the 1200 block to Independence Avenue - 30 MPH Independence Avenue to Martin Luther King Jr. Drive - 35 MPH and adding Subsection (52a) - Northeast Drive from Martin Luther King Jr. Drive to Newell Street - 35 MPH", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Five. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5665. 100905 - Boesen/Nichols that "an ordinance amending the City of Waterloo Traffic Code by deleting Subsection (3) Commercial Street, of Section 549, Loading Zones or Grab-N-Go Zones, in its entirety, and inserting in lieu thereof, a new Subsection (3) Commercial Street, of Section 549, Loading Zones or Grab-N- Go Zones for the Southwest side in the 500 block (Convention Center)", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Motion carried. 100906 - Boesen/Nichols that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Motion carried. 100907 - Boesen/Nichols Page 11 of 15 October 17, 2022 Page 9 that "an ordinance amending the City of Waterloo Traffic Code by deleting Subsection (3) Commercial Street, of Section 549, Loading Zones or Grab-N-Go Zones, in its entirety, and inserting in lieu thereof, a new Subsection (3) Commercial Street, of Section 549, Loading Zones or Grab-N- Go Zones for the Southwest side in the 500 block (Convention Center)", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Five. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5666. 100908 - Nichols/Amos that "an ordinance amending the City of Waterloo Traffic Code by adding a new Section 550, Designated Memorial Hall Parking Between Signs and adding subsection (1) Courbat Court the Southwest side, to the Traffic Code, be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Motion carried. 100909 - Nichols/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Motion carried. 100910 - Nichols/Amos that "an ordinance amending the City of Waterloo Traffic Code by adding a new Section 550, Designated Memorial Hall Parking Between Signs and adding subsection (1) Courbat Court the Southwest side, to the Traffic Code", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Five. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5667. 100911 - Feuss/Amos that "an ordinance amending the City of Waterloo Traffic Code by deleting Subsection (60), Cedar Street, to Section 551, Parking Prohibited on Certain Streets At all Times, in its entirety, and inserting in lieu thereof, a new Subsection (60), Cedar Street, for the Northeast side of Cedar Street from W. 4th Street to W. 2nd Street and adding Subsection (77a) Courbat Court, to Section 551, Parking Prohibited At All Times On Certain Streets, Courbat Court, for the Northeast side of Courbat Court from W. 4th Street, to W. 5th Street and the Southwest side from W. 4th Street to W. 5th Street, except where Memorial Hall Parking is allowed, be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Motion carried. Mel Wittwer, Memorial Hall Commissioner, questioned the purpose of the ordinance and explained that he would like to see spots made with signs that say Memorial Hall Business Parking Only. Sandie Greco, Traffic Superintendent, provided and overview of the ordinance. Mayor Hart asked that Sandie Greco work with Memorial Hall to look at parking. 100912 - Feuss/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Motion carried. 100913 - Feuss/Amos that "an ordinance amending the City of Waterloo Traffic Code by deleting Subsection (60), Cedar Street, to Section 551, Parking Prohibited on Certain Streets At all Times, in its entirety, and inserting in lieu thereof, a new Subsection (60), Cedar Street, for the Northeast side of Cedar Street from W. 4th Street to W. 2nd Street and adding Subsection (77a) Courbat Court, to Section 551, Parking Prohibited At All Times On Certain Streets, Courbat Court, for the Northeast side of Courbat Court from W. 4th Street, to W. 5th Street and the Southwest side from W. 4th Street to W. 5th Street, except where Memorial Hall Parking is allowed", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Five. Motion carried. Page 12 of 15 October 17, 2022 Page 10 Ordinance adopted and upon approval by Mayor assigned No. 5668. ADJOURNMENT 100914 - Feuss/Nichols that the Council adjourn at 6:25 p.m. Voice vote -Ayes: Five. Motion carried. Kelley Felchle City Clerk Page 13 of 15 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Keiana James, in conjunction with the Cedar Valley March For Our Lives Rally, to be held on November 5, 2022 from Noon to 2:00 p.m., beginning and ending at Lincoln Park and including a march on the sidewalks of E. Park Avenue, Sycamore Street and E. 5th Street. City Council Meeting: 10/31/2022 Prepared: 10/26/2022 ATTACHMENTS: Description Type ā‘ Noise Variance Request - K. James Backup Material SUBJECT: Resolution approving Variance to Noise Ordinance request from Keiana James, in conjunction with the Cedar Valley March For Our Lives Rally, to be held on November 5, 2022 from Noon to 2:00 p.m., beginning and ending at Lincoln Park and including a march on the sidewalks of E. Park Avenue, Sycamore Street and E. 5th Street. Submitted by: Submitted By: Major Leibold Page 14 of 15 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: Keiana James (CFHS March For Our Lives/ March For Our Lives Iowa) APPLICANT'S ADDRESS: 323 W 4th Street, Cedar Falls Iowa 50613 (CFHS: 1015 Division St, Cedar Falls, Iowa 50613) APPLICANT'S PHONE #: (319) 429-8482 ANTICIPATED DATE OF VARIANCE: November 5, 2022 NAME OF EVENT: Cedar Valley March For Our Lives Rally ("Rally For Our Lives") TIMES OF DAY OF VARIANCE: 12-2pm GEOGRAPHICAL LOCATION OF VARIANCE: Sidewalks on E Park Ave., Waterloo, Iowa 50703 (Lincoln Park), to Sycamore St., to E 5th Street, back to Lincoln Park. DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: Sidewalks PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. March For Our Lives Iowa is hosting statewide rallies to bring attention and awareness to the Keep and Bear Arms Amendment, also known as the Reckless Gun Amendment that will be on the Iowa ballot on November 8, 2022. Cedar Falls High School is partnering with March For Our Lives Iowa to rally against the Reckless Gun Amendment at 12pm noon to 2pm CST. We will begin with a few speakers speaking via megaphone. We will then march up E Park Ave, to Sycamore St, to E 5th St, and back to Lincoln Park via the sidewalks in these areas. We will be chanting on the sidewalks. This rally is peaceful, and educational. We will meet back at Lincoln Park and end with a few speakers on the cause of gun violence prevention with speakers also speaking via megaphones. Applicant's Signature: Date: 10/24/2022 CITY COUNCIL ACTION: Police Dept. Recommendation 050, -46\ e- APPROVAL: DENIAL: DECIBEL LEVEL: 90 DBA Page 15 of 15