Loading...
HomeMy WebLinkAboutMinutes-09/08/2008• • September 8, 2008 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, September 8, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Bob Stringer, Human Resources Director. 127763 Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, September 8, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 127764 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Tuesday, September 2, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Christie Miehe & the Junior League Mayor Hurley read into the American CONSENT AGENDA Deb Young presented a check in the amount of $50,000.00 from to be used for playground equipment for Lafayette Park. a Proclamation recognizing Bernard Goldstein as 2008 inductee Gaming Association Hall of Fame. 127765 - Reggie Schmitt/Steve Schmitt that the following items on the consent agenda be received, placed on approved: file and a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-56, dated September 8, 2008, in the amount of $1,292,556.83, 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 2. Communication from City Clerk transmitting request of 1232 Independence Avenue, for an exception to burning have two wood burning 6'x 4' fire pits for the school October 7, 2008 from 5:30 - 7:30 p.m., together with approval of Fire Chief. • . 2008-772. McKinstry School, of yard waste to hot dog roast on recommendation of Resolution adopted and upon approval by Mayor assigned No. 2008-773. 3. Communication from City Clerk transmitting request of Silver Eagle Harley- Davidson, 4022 Sergeant Road, to hold a bonfire in the parking lot behind their building from 8:00 - 10:00 p.m. on September 26, 2008, together with recommendation of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-774. 4. Communication from Police Chief transmitting request of Main Street Waterloo to hold Mayor's Fitness Day on September 25, 2008 from 9:30 a.m. to 12:00 p.m., including closing 4th Street from Franklin to Mulberry, Park Avenue from Franklin to Mulberry and the parking lane only on Mulberry Street between 4th & Park on the Lincoln Park side. Resolution adopted and upon approval by Mayor assigned No. 2008-775. 5. Communication from City Engineer transmitting request of Dean Woelber for a waiver for a concrete driveway to be located at 1825/1827 Castle Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2008-776. .0 September 8, 2008 Consent Agenda continued 6. Communication from City Clerk transmitting request Davidson, 4022 Sergeant Road, for a variance to September 26, 2008 from 5:00 p.m. to 8:00 p.m. in playing in their parking lot for Annual Fall recommendation of approval of Police Chief. Page 2 of Silver Eagle Harley - the Noise Ordinance on conjunction with a band Festival, together with Resolution adopted and upon approval by Mayor assigned No. 2008-777. 7. Communication from Police Chief transmitting request of West High School to hold homecoming on September 26, 2008 from 2:00 p.m. to 2:35 p.m., with route starting eastbound onto Easton Avenue to Baltimore, south on Baltimore to Ridgeway Avenue, then right on Ridgeway Avenue ending at the entrance to the back parking lot off Ridgeway Avenue. Resolution adopted and upon approval by Mayor assigned No. 2008-778. b. Motion to approve the following: 1. Paul Huting, Leisure Services Director, to attend Iowa Park & Recreation Association 2008 Fall Workshop in Cedar Rapids, Iowa on September 17-18, 2008, with costs not to exceed $194.00, including use of city vehicle. 2. Jesse Gaherty, Maintenance Mechanic, to attend Basic Training Wastewater Treatment Class in Cedar Falls, Iowa on September 16, 17, 23 and 24, 2008, with costs not to exceed $395.00, including use of city vehicle. 3. Darin Rulapaugh, Police Officer; Kerry Devine and Rob Camarata, Police Sergeants; to attend National Association of Field Training Officers Conference in Waterloo, Iowa on September 11-12, 2008, with costs not to exceed $375.00. 4. Bradley Walter, Police Officer, to attend Drug Recognition Expert Program School in Ames & Clive, Iowa on September 15-27, 2008, with costs not to exceed $408.00, including use of city vehicle. 5. Dave Mohlis, Police Sergeant; and Jeff Tyler, Police Officer; to attend Iowa Death Investigator's Association Conference in Sioux City, Iowa on September 14-17, 2008, with costs not to exceed $890.00, including use of city vehicle. 6. Lisa Campbell, Police Sergeant; Phillip Lowrey, Police Officers; Training Officers Conference in with costs not to exceed $625.00, Tom Sullivan, John Heuer, Joe Zubak and to attend National Association of Field Waterloo, Iowa on September 11-12, 2008, including use of city vehicle. 7. Tom Schuster, Police Officer, to attend Crime Scene Photography School in Des Moines, Iowa on September 30 - October 2, 2008, with costs not to exceed $365.00, including use of city vehicle. 8. Cammie Scully, Director of Cultural & Arts Commission, to attend Public Art Conference and Public Art Taskforce meeting in Council Bluffs, Iowa and Omaha, Nebraska on September 23-25, 2008, with costs not to exceed $433.00. 9. Cammie Scully, Director of Cultural & Arts Commission; Kent Shankle, Curator; and Chawne Paige, Graphic Designer; to tour Haitian Art collections in Milwaukee, Wisconsin and Chicago, Illinois on September 29- 30, 2008, with costs not to exceed $4,710.00, including use of city vehicle. c. Beer License Permit Application Class C. Crossroads BP, 2035 E. Mitchell Avenue (Renewal) (Expires 9/30/09) (Includes Sunday Sales) Hy -Vee Gas, 1512 Flammang Drive (Renewal) (Expires 8/26/09) (Includes Sunday Sales) d. Beer License Permit Application Class B Grout Museum District, 503 South Street (5 days -9/27/08 - 10/02/08) e. Beer/Liquor License Permit Application Class C Rudy's Tacos, 2401 Falls Avenue (Renewal) (Expires 9/27/09) • • • • September 8, 2008 Consent Agenda continued f. Outdoor Service Area Application Grout Museum District, 503 South Street g. Cigarette/Tobacco Permit Application Jet Lounge, 451 W. Parker Ayes: Seven. Motion carried. ASSESSMENT HEARING 127766 - Greenwood/Steve Schmitt Page 3 that proof of publication of notice of public hearing on F.Y. 2009 Sidewalk Repair Assessment Program - Zone 8, Contract No. 746, as published in the Waterloo Courier on August 21, 2008 and August 28, 2008, be received and placed on file. Ayes: Seven. Motion carried. 127767 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Steve Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 127768 - Greenwood/Steve Schmitt that "Resolution of Necessity, as proposed, in conjunction with F.Y. 2009 Sidewalk Repair Assessment Program - Zone 8, Contract No. 746", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-779. HEARINGS & BIDS 127769 - Greenwood/Steve Schmitt that proof of publication of notice of public hearing on F.Y. 2009 Sidewalk Repair Assessment Program - Zone 8, Contract No. 746, as published in the Waterloo Courier on August 22, 2008, be received and placed on file. Ayes: Seven. Motion carried. 127770 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Steve Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 127771 - Greenwood/Steve Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Sidewalk Repair Assessment Program - Zone 8, Contract No. 746", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-780. 127772 - Greenwood/Steve Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-781. September 8, 2008 Hearings & Bids continued 127773 - Greenwood/Steve Schmitt Page 4 to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount B & B Builders and Supply 5% $43,012.98 Bentley Construction, Inc. 5% $35,486.45 Todd Van Dorn Construction 5% $51,946.90 Ayes: Seven. Motion carried. UNFINISHED BUSINESS 127774 Hart/Reggie Schmitt that communication from Superintendent of Waste Management Services transmitting recommendation of award of contract in the amount of $25.00 per ton to T&W Grinding Service of Delhi, Iowa in conjunction with Composting Collected Yard Waste, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-782. DOCUMENTS 127775 - Hart/Reggie Schmitt that communication from City Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat Submittal, Section 5.1 Preliminary Plat requirements and Section 5.2 Final Plat requirements for Wallbaum Minor Plat, be received, placed on file and "Resolution approving said variance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-783. 127776 - Hart/Reggie Schmitt that communication from City Planner transmitting Preliminary Plat of Wallbaum Minor Plat, together with staff report, aerial photo, minor plat and Report of the City Engineer, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-784. 127777 - Hart/Reggie Schmitt that communication from City Planner transmitting Final Plat of Wallbaum Minor Plat, together with staff report, aerial photo, minor plat and Report of the City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-785. 127778 - Hart/Reggie Schmitt that communication from City Clerk transmitting application with Iowa Department of Transportation to place signs within State Highway Right of Way to allow Five Star Snow Trails Association to place snowmobile trail signs on city right-of- way, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-786. • • • • September 8, 2008 Documents continued 127779 - Reggie Schmitt/Hart Page 5 that communication from Assistant City Engineer transmitting Construction Plans for paving, sanitary sewer and storm sewer serving Greenbelt Centre Plat No. 3, as submitted by VJ Engineering of Cedar Falls, Iowa and the Sewage Treatment Agreement with Iowa Department of Natural Resources, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-787. 127780 - Reggie Schmitt/Hart that communication from Planner II transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $80,000.00 for property located at 949 Oneida Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-788. 127781 - Reggie Schmitt/Hart that communication from Community Planning & Development Director transmitting application with Iowa Department of Economic Development for Enterprise Zone Benefits to include Whitman Point, a 55 unit multi -story building generally located on Flammang Drive behind Factory Card Outlet to provide assisted living for residents 55 and older, together with recommendation of approval of Enterprise Zone Commission, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Nays: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-789. RESOLUTIONS TO BE ADOPTED 127782 - Steve Schmitt/Greenwood that "Resolution authorizing 100 percent rebate of building permit fees for primary/owner occupied residential property damaged in the 2008 Flood for only that portion of the damage caused by the 2008 flood", be adopted. Prior to a vote on the above motion, the following comments were heard. Nora Jean Csukker, 2853 Cedar Terrace, commented that she has lived on Cedar Terrace for 61 years, and she has never had a drop of water in her house or her mother's former house, and she lost her entire basement with seven feet of water this year. Ms. Csukker stated that everything she has replaced would fall in the plumbing or electrical rebates because she had to replace her furnace, air conditioner, water heater, entire electrical box and all the wiring had to be removed and replaced in her basement. Ms. Csukker noted she is on disability and most of the people in the Cedar Terrace area are elderly people on fixed incomes. This is a real hardship for them and anything would help them greatly as she will be paying for the cleanup from this flood for several years because FEMA did not pay a lot of her costs. Ms. Csukker asked the council to include plumbing and electrical rebates. Councilperson Greenwood asked Ms. Csukker in her neighborhood what was the average FEMA reimbursement, what did FEMA pay for. Ms. Csukker replied that a lot her neighbors only received $1,500.00. Some of them received $200.00, and FEMA paid about half of her costs, which were the cleanup, new water heater, air conditioner, plumbing and electrical. Michael Jones, 5067 Foulk Road, noted his concern is that if the home has $26,000.00 damage and the building fee is only $300.00, that isn't a lot compared to his lost. Its really the principle of the whole thing. Craig McIntyre, 5137 Foulk Road, noted he had flood insurance and received nothing from FEMA. Mr. McIntyre asked what is going on with St. Creek because there are mounds of dirt piled up out there like they are rebuilding where it broke through. September 8, 2008 Resolutions to be Adopted continued Mayor Hurley responded that St. Creek has come up in the city's capital improvement plan every year for the last five years. Eric Thorson, City Engineer stated there is currently nothing going on that the city is involved in, but part of it is in the county so they may be doing something. Mr. McIntyre noted he agrees with Ms. Csukker regarding the rebates for electrical, heating and gas because he just purchased his wife a brand new washer and dryer, which had to be replaced and also a five-year old furnace and air conditioner. Page 6 Mayor Hurley noted that the letter Official/Maintenance Administrator, is for commented that there have been discussions Building Department, and that typically when at 80 percent. from Lou Cutwright, Building 100 percent rebate. Mayor Hurley about the costs of operating the fees are rebated, they are rebated Councilperson Welper noted that all our hearts go out to anyone in Iowa who was a victim of high winds or water this past summer. The question before council is as a city what can we do to help these people, what can the city do without compounding the problem. For every plus there is a minus, so anytime the city spends money to help someone then someone else has to lose. At budget time one of the only places that we can cut is personnel, and that personnel is usually in public safety, so he is a little concerned about giving back 100 percent which is roughly $60,000.00. That could be a police officer. The council's generosity at this time of the year could mean losing someone in public safety come next spring. Councilperson Welper noted that in talking with Michelle Weidner today about the Building Department, Mr. Cutwright has budgeted $2,600.00 for overtime and at this point we are at $10,000.00 already. Councilperson Welper stated he is hoping council can arrive at something that will at least cover our costs. Councilperson Greenwood noted the resolution says there will be no rebates for plumbing, electrical and heating, so council is voting for 100 percent rebate of building permit fees only. Mayor Hurley responded that is the introduced resolution, but council can amend the resolution however they want. Mayor Hurley noted that the rebate is for flood related damage only, not to fix a basement or put on a new roof. Councilperson Getty stated he would like to amend the resolution to include 100 percent rebate for plumbing, electrical and heating. Councilperson Getty asked about the process for a rebate, does the person come to City Hall, get the permit and how much will the person be charged for the permit, how will the charges be broken down, is it just the charge for the building permit. Mayor Hurley responded yes and then the city will rebate it once it passes final inspection. Councilperson Getty stated he feels that is money because a lot of people can't afford to come up with $500.00 and $600.00 to repair the flood damage. Councilperson Getty stated he sees nothing wrong with paying $100.00 or $150.00 for a permit because then we will know they have gotten a permit. Our inspectors then know where to go to inspect the work when it is done and then give them the $100.00 or $150.00 back. Councilperson Getty stated he has a problem with charging them $500.00 for a building permit plus the electrical, heating and plumbing permits. They would be looking at close to $600.00 that would come out of their pocket, and a lot of these people are paying a house payment and rent on a rental property because they can't get back into their house. Councilperson Getty stated he thinks its an undue burden to charge that much money. Mayor Hurley noted the building permit fees are according to an established fee schedule which is passed by council. Councilperson Getty stated that under normal circumstances he would agree with the fee schedule, but under these circumstances he really thinks the building, electrical, heating and plumbing fees need to be forgiven. Councilperson Getty stated on July 1, 2008 we approved a new budget for the Building Department, and the money that is in that budget is for inspectors, vehicles, gasoline, etc. for the year. Any revenue over and above the building department's budget is put into the over and above what we would expect whatever money we are going to give budget whatsoever except for a few drive. general fund. All these permits would be to happen. The budget is already set so back on the rebates should not affect our miscellaneous miles if they are going to • • September 8, 2008 Resolutions to be Adopted continued Councilperson Getty noted that a few weeks ago. he asked for a list of how many homes we are talking about, how many were occupied by homeowners and how many were rental properties. Councilperson Getty noted the city's budget is already set for this year, and this is just a windfall. Mayor Hurley commented that from city hall and staff's standpoint and one who worries about the budget, he could understand the windfall conversation if we had inspectors sitting around doing nothing, but the happy fact is they are very busy. That means our local economy, our investment, our construction, our rehabs and things like that are going strong. This is more of a reprioritization than anything else. There are expenses, whether they are direct or whether they are an opportunity cost, there are expenses to having our folks go out. Mayor Hurley noted there were 2,051 businesses and homes registered with FEMA, and there are approximately 50 homes in the substantial damage area in a flood plain type. Louis Cutwright, Building Official/Maintenance Administrator, explained that at the end of July, the most rigorous portion of the flood, his department had already done approximately 1,600 different inspections that were strictly flood related. At that time, the city was not basically charging for anything for any of the inspections. All of those inspections had mileages and overtime that was spent going out to look at these different places to get electricity and gas turned back on, to inspect different areas so that people could get back into their homes. Mr. Cutwright noted that the expenses continued to run, that the amount budgeted for overtime is gone. Mayor Hurley asked if FEMA will cover any of that overtime. Mr. Cutwright responded he thinks they will. Mr. Cutwright stated that the city can apply to FEMA for overtime costs. Mr. Cutwright noted that the number of inspections they continue to do in relationship is going to be elevated to the point where they are going to have all of those ongoing costs. Mr. Cutwright noted that on Saturday he had two inspectors working overtime going out and looking at electrical for setting up FEMA trailers. Page 7 Michelle Weidner, Chief Financial Officer, stated that it is her understanding that FEMA will pay for those first emergency inspections to allow property owners to re -hook up the power, but she doesn't believe FEMA pays for any of the inspections for a new or replacement furnace. Councilperson Cole asked if the city has been getting calls from other areas of the city other than Cedar Terrace. Councilperson Steve Schmitt stated he has heard from the Sans Souci and Riverside groups. Councilperson Cole stated she thinks this is a fairly simple issue as much as we've talked about it. We are either going to allow people to not pay now and then come March we are all going to pay later. The Building Department generates income for the city that covers beyond their expenses and takes care of other people like public safety. Councilperson Cole stated she thinks if the council is going to talk about 100 percent rebates, its not going to end here. We will be talking about it again in March and then we will be talking about it again on who we are going to cut. Councilperson Reggie Schmitt commented he thinks the city needs to do everything it can to help reduce the financial burden, and in a lot of these cases its going to be $250.00 or $300.00, and he understand every little bit helps. But we are also at a point where helping all we can should not be done at a loss, that the city should not operate at a loss. Councilperson Reggie Schmitt stated that Mr. Cutwright was clear in his cover letter that 80 percent rebate is break even, and he is all for doing all that we can and to him that is 80 percent. Councilperson Schmitt stated he doesn't think the city should operate at a loss because we will be paying for it next spring when we make out the budget. Mayor Hurley noted the county and surrounding cities have offered rebates, but they are probably better off financially than we are. Mayor Hurley stated he thinks this is a mind/heart thing and both of them are working at the same time. Our heart says help folks out as much as we can, they are our fellow citizens, we represent them, and the mind says okay but be very careful about it. Councilperson Hart noted for about the past 8 months since he has been on the council, he has been one of those folks who has suggested lets try this and the question becomes where does the money come from. September 8, 2008 Resolutions to be Adopted continued Councilperson Hart stated he thinks in a situation like this, which he can't necessarily say he has all the answers about where is this going to come from in March or during our next budgeting process, and he is not thinking so much as what Cedar Falls is doing, or what the County is doing but thinking about what the city should be doing. Councilperson Hart stated he thinks it is a tough decision to say we will reimburse 100 percent but he absolutely thinks that we need to reimburse at 100 percent. Councilperson Hart noted that he listened to opportunities we have had as a city where the possibilities of purchasing a website that was probably about three times more than what we pay for different companies. So he thinks that there is plenty of decisions that can be made in some other places that may not impact us as much, but he thinks the city should absolutely take a look and consider rebating 100 percent, including the plumbing, electrical and heating. Councilperson Hart noted he doesn't have all the answers, but he knows there are some places that we can kind of move some things around to possibly help the situation. We need to make a commitment to these residents that if you are going to rebuild, and we want you to rebuild, then we need to stretch our arms out to them and make sure we work with them. Councilperson Hart stated he knows its a tough decision from somewhere and some of the arguments that Councilperson Getty indicated earlier about already having gas and all those various things in the budget are valid arguments, but he wants to make sure we try to help these residents as much as we can because this was a natural disaster. This is something that has not happened in our community since the inception of this community so whatever we can do to meet them at that 100 percent, he just asks the rest of the council if we can do that. Page 8 Mayor Hurley commented he does not agree with Councilperson Hart about the website, but understands that the council makes decisions all the time. Mayor Hurley noted that the council has some discretionary money that could back the building budget or the general fund because it is taking from one place and putting it in another. It is a bit of a shell game in terms of the general fund and we all are participating when we do it. Mayor Hurley noted that the resolution as read is for 100 percent rebate for only that portion of the damage caused by the flood. The resolution doesn't mention anything in the reading specifically about plumbing but it does in the resolution attached to our letter. Mayor Hurley noted that there are three questions, do 100 percent or 80 percent. Do we have the applicants pay now or pay later. Do we include utilities permits or don't we. Councilperson Steve Schmitt stated he has an understanding of both sides, and he has been pretty focused on the budget in the time that he has been on the city council so he certainly understands where Councilpersons Welper and Reggie Schmitt are coming from. Councilperson Steve Schmitt stated he feels the same as Councilpersons Getty and Hart that this is, hopefully, a once in a lifetime disaster that we are not going to see again. Councilperson Steve Schmitt stated he is not sure where the money is going to come from to facilitate reimbursing these folks for their fees, but he thinks its the right thing to do. Councilperson Steve Schmitt noted he doesn't care what Cedar Falls or Black Hawk County or Cedar Rapids is doing, he just think its the right thing to do. Councilperson Steve Schmitt stated he thinks its part of being a community, and he thinks its what we need to do to send a message to these folks that we are going to stand with them and help them resurrect their lives, and he is in favor of it 100 percent. Councilperson Steve Schmitt stated he is not in favor of Councilperson Getty's idea of creating new numbers for permit fees, but he does think we should reimburse them 100 percent for electrical, plumbing and all of the fees associated. Councilperson Greenwood stated he would support the resolution as written, which is 100 percent rebate on building fees. No rebate on plumbing, electrical and heating, and have them pay the fee and then get reimbursed. Councilperson Cole commented just to clarify that the motion is to authorize 100 percent rebate of building permit fees, just building and not rebating plumbing, electrical or heating permit fees. Councilperson Welper stated he has another number from Ms. Weidner which was the shortfall last Fiscal Year 2008, the building inspection revenue. We were down $241,000.00 and that did not include the maintenance program that we did not go through which was another $90,000.00. Councilperson Welper asked Mr. Cutwright if he would even dare to guess what this would cost us. Mr. Cutwright responded he did not. Following comments a vote was taken on the above motion with the following result. Ayes: Two. Nays: Getty, Hart, Steve Schmitt, Welper, Reggie Schmitt. Motion failed. • • • • • September 8, 2008 Resolutions to be Adopted continued Page 9 127783 - Getty/Steve Schmitt that "Resolution authorizing 100 percent rebate of the building, plumbing, electrical and heating permit fees", be adopted. Councilperson Steve Schmitt noted the fees would be at the regular fee structure. Ayes: Four. Nays: Cole, Welper, Reggie Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-790. ORDINANCES TO BE ADOPTED 127784 - Cole/Hart that "an Ordinance amending the 2008 Traffic Code by adding Subsection (lla) Prospect Blvd. to Section 549, Loading Zone (to allow a 5 -minute loading zone on the northeast side of the 200 block of Prospect Boulevard for 164 feet in front of Kingsley School)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 127785 - Cole/Reggie Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 127786 - Cole/Hart that "an Ordinance amending the 2008 Traffic Code by adding Subsection (lla) Prospect Blvd. to Section 549, Loading Zone (to allow a 5 -minute loading zone on the northeast side of the 200 block of Prospect Boulevard for 164 feet in front of Kingsley School)", be considered and passed for the secondandthird times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4925. NEW BUSINESS 127787 - Getty/Cole that communication from City Planner transmitting amendments to City of Waterloo Comprehensive Plan, be received, placed on file and "Resolution setting date of hearing as September 22, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-791. 127788 - Getty/Cole the "Resolution approving request from City Attorney for approval to associate with labor counsel Michael Galloway at the rate of $155.00 per hour on an as - needed basis during upcoming negotiations on collective bargaining agreements", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-792. ORAL PRESENTATIONS 127789 - Mayor Hurley noted that the resolution adopted earlier rebating permit fees requires all work of rebuilding flood damaged property to have permits. The city is not waiving permits. Citizens still have to pick up a permit including building, plumbing, electrical and heating. Permit fees shall be paid at the time permits are issued. A licensed contractor shall perform the electrical and gas repairs, not the homeowner but a licensed contractor. All inspections shall be called in following the normal inspection procedure, and once the final inspection is made, approved and finalized the property owner then applies for the 100 rebate inclusive of plumbing, electrical and heating. The resident must provide a letter requesting the rebate for flood damaged repairs to our Waterloo Building Department. September 8, 2008 Oral Presentations continued A copy of their FEMA application and the insurance report or any document with the address of the effective property showing that it was involved in the 2008 flood will be submitted with the rebate letter for proof of the flood damage. All of those records will remain on file with the Waterloo Building Department. Page 10 David Meeks, the Waterloo unemployment public input September 11, Human Rights Director, reported that Iowa Workforce Development and Commission on Human Rights are hosting a town hall forum on high rates for African Americans in Black Hawk County. They are seeking and everyone is invited. The forum will be held Thursday, 2008 at Payne AME Church, 1044 Mobile Street. Lori McIntyre, 5137 Foulk Road, stated that the reason Cedar Terrace is here tonight is because Councilperson Cole has yet to call her. Three times she left a message, and she left two messages for the mayor. Ms. McIntyre stated that before the floods ever happened they were having problems out on Shaulis and Foulk The water would not leave the park, and they begged her to come out. Larry from the water department did come out. Water doesn't go up hill. It still is not done. They have had water sitting for months in that park. Ms. McIntyre stated that she doesn't think their houses would have ever flooded if Councilperson Cole would have come out, if she would have returned her phone calls. Ms. McIntyre stated when her husband called Ms. Cole from the motel, Ms. Cole never to this day returned the call. Ms. McIntyre stated that Councilperson Cole's husband told them that she was at church, and she would have liked to have been at church too, but they couldn't. Councilperson Hart thanked Mayor Hurley, the council, and the rest of the folks who came out this weekend for the new Lafayette Park. Councilperson Hart thanked Mr. Huting, Mr. Jones and the Planning staff for a wonderful job. Getty/Steve Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 127790 - Welper/Greenwood that the Council adjourn s at 6:35 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk