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HomeMy WebLinkAboutMinutes-05/15/2006May 15, 2006 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, May 15, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Jim Walsh, City Attorney. 123488 - Schmitt/Kincaid that the Agenda, as amended, for the Regular Session on Monday, Monday, May 15, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 123489 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, May 8, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring May 14-20, 2006 as Emergency Medical Services Week. Mayor Hurley read a Proclamation declaring May 14-20, 2006 as Celebrate Quota Week. CONSENT AGENDA 123490 - Schmitt/Cole that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-79, dated May 15, 2006, in the amount of $1,743,970.02,"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. 2006-399. 2. Communication from City Engineer transmitting request of Michael & Lisa Kearney for a waiver for a concrete driveway to be located at 1524 Shultz Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-400. b. Motion -to approve the following: 1. Communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Dean Briggs to the position of Parking Meter Repairman, effective May 30, 2006 subject to passing physical and drug test. 2 Cammie Scully, Director of Cultural & Arts Commission, to attend Haitian Art Conference and visit galleries in Miami, Florida on May 18-23, 2006, with costs not to exceed $1,546.76. c. Beer/License Permit Application Class C Downtown Amoco, 428 Franklin Street (Renewal) (Expires 5/31/07) (Includes Sunday Sales) New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 5/31/07) (Includes Sunday Sales) d. Wine License Permit Application Class B New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 5/31/07) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Hickory House, 315 Park Road (Renewal) (Expires 5/23/07) Applebee's Neighborhood Grill & Bar, 2780 Crossroads Boulevard (Renewal) (Expires 6/23/07) (Includes Sunday Sales) May 15, 2006 Page 2 Consent Agenda continued f. Liquor License Permit Application Class E New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 5/31/07) (Includes Sunday Sales) g. Bonds. Ayes: Seven. Motion carried. HEARINGS & BIDS 123491 - Gunderson/Welper that proof of publication of notice of public hearing on F.Y. 2006 Asphalt Overlay Program, Contract No. 706, as published in the Waterloo Courier on May 5, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123492 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Welper that the hearing be closed. Ayes: Seven. Motion carried. 123493 - Gunderson/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 Asphalt Overlay Program, Contract No. 706", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-401. 123494 - Gunderson/Welper that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-402. 123495 Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Division I Division II Total Bid Aspro, Inc. and Its Subsidiary 5% $5,027,503.60 $4,960.00 $5,032,463.60 Waterloo, Iowa Ayes: Seven. Motion carried. 123496 - Getty/Kincaid that proof of publication of notice of public hearing on F.Y. 2006 San Marnan Traffic Improvements - Phase III, Contract No. 702, as published in the Waterloo Courier on April 28, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123497 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 123498 - Getty/Cole that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 San Marnan Traffic Improvements - Phase III, Contract No. 702", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-403. May 15, 2006 Hearings and Bids continued Page 3 123499 - Getty/Kincaid that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-404. HEARINGS 123500 — Greenwood/Schmitt that proof of publication of notice of public hearing on Sidewalk Inspection and Repair Program - Zone 6, as published in the Waterloo Courier on April 27, 2006 and May 4, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123501 - This being the time and place of public hearing, the Mayor called for written and oral objections. Nancy Eckert, City Clerk, reported the city has received three letters. D. Berkley Smith, 414 Terrace Drive, reported he attempted to contact the contractors, had problems but said after the City Engineer does all his examination and if he still feels the work ordered is necessary, they will abide by the council's decision. Laurie Potter, 1433 Glenny Avenue, is asking to vacate the sidewalk rather than do the repair work. Jerome Brownen, 1226 Glenny Avenue, is appealing the sidewalk assessment repairs as there are no federal funds available. Bill VanSkiver, 1515 Glenny Avenue, requested the council allow him to vacate restoration of his sidewalk because his house is the only one between 11th Street and Wisconsin Street that has a sidewalk, as well as his neighbor across the street has the same situation. Mr. VanSkiver stated he would be more than happy to do the repairs as far as replacing with soil and seeding. Laurie Potter, 1433 Glenny Avenue, stated she is requesting to vacate their sidewalk because their house is one of two sidewalks on their side of the street on Glenny Avenue, and they are not connected, they stand alone. There is a sidewalk that is connected along the whole other side of the street that is used by pedestrians. Ms. Potter is requesting to vacate the sidewalk since it doesn't connect to any others. John Flodin, 826 Bertch Avenue, stated he called someone to take up his sidewalk, but his sidewalk involves a tree on the corner of the lot. Mr. Flodin stated when he called Todd Derifield in the Forestry Department he came out on May 1 and looked at the tree before the sidewalk was even up. Todd told him he would have to wait until the sidewalk was taken up before he could make a decision. Mr. Flodin stated on Thursday, May 11, he called and reported the sidewalk was taken up at that time, and then called again today at 8:30 a.m. and Todd said he didn't get the message but he would be out first thing to look at it. Mr. Flodin stated he called him back about 11:45 and. Todd said he was out to look at it, but Mr. Flodin didn't see him. Todd told him that it just needed pruning and didn't need to be removed. Mr. Flodin stated he doesn't agree with him because if you have a sidewalk and there is a tree, and the roots are showing from the ground, and he is spending his money to get the sidewalk repaired, and the tree is fully grown and taking sunlight away from his tree, he feels it should be removed. Paul Huting, Leisure Services Director, reported that Todd Derifield looked at the tree. Mr. Huting noted that Mr. Flodin was mailed in his packet the policy entitled Waterloo Leisure Services Sidewalk Tree Conflict Policy. Mr. Huting stated it is his understanding that the tree is healthy, providing shade, and there are roots that need to be removed to place the sidewalk back properly. Mr. Huting stated as per the policy with a healthy tree, they do not remove the entire tree but the root in the section that is causing the problem. Mr. Huting stated he has three trees, he lives on a corner lot with a similar situation, where the Forestry Division has removed roots for him, and he has three sections that are popping up again at this time. Mr. Huting stated he understands it is an expense but it is also a public resource, and the city has a policy that the city tree would not be removed in that situation. Mr. Flodin asked if it is a fully grown tree and it is taping sunlight away from another tree, how does the city decide it has to stay. Mr. Flodin stated it could happen ten years down the road if he is still the property owner or someone else is and the sidewalk is the cause again. Mr. Huting suggested Mr. Flodin meet with him after the meeting or at his convenience to discuss it with him. May 15, 2006 Hearings continued Page 4 Mr. Flodin asked when it says a tree could be pruned, or the tree needs to be removed or a combination of the above, how do you prune and remove when they are two different things and how could you have a combination of the above. Mr. Huting responded if the entire tree comes down, there are still root problems that have to be dealt with so the city removes the roots in that situation as well as the tree. Mr. Huting stated the other option is if we just remove the roots and the tree is going to remain healthy, stable and safe. Greenwood/Getty that the hearing be closed and letters of opposition and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 123502 - Councilperson Getty asked if the City Engineer would look at these sidewalks and bring back a recommendation next week whether to abandon these sidewalks. Mayor Hurley stated that for those people on Glenny Avenue their requests to vacate need to go to the Planning, Programming and Zoning Commission, and their Technical Committee will take a look at it and involve other departments, including the Engineering Department. Councilperson Gunderson asked when was the last time the city did Zone 6 and how often is the rotation schedule. Eric Thorson, City Engineer, responded the city is on a ten-year rotation so it has been ten years. Councilperson Gunderson commented that this zone will not come up for another ten years. Mr. Thorson stated the typical procedure on the vacations is to have the folks file an application with the Planning and Zoning office, it then goes to the Technical Committee, the Technical Committee makes a recommendation to the Planning, Programming and Zoning Commission, which will in turn make a recommendation to the council before the council_ considers the vacation request. Greenwood/Schmitt that "Resolution authorizing proposed repairs to sidewalks", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked if the resolution is passed, the people who asked their sidewalks to be vacated, will we still require them to fix them. Eric Thorson, City Engineer, stated they should have time to get their applications in. There will be Technical Review Committee and Planning, Programming and Zoning Commission meetings before permits close, which close on June 16. Mr. Thorson stated if the sidewalk is approved to be vacated, they still have to hire a bonded contractor or become bonded themselves and take out a permit to do the work because they are working on public right of way. Mr. Thorson stated the application to vacate must be filed with the Planning and Zoning office by this Friday for the June 6 Technical Review Committee meeting. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-405. UNFINISHED BUSINESS 123503 - Welper/Kincaid that communication from City Engineer transmitting recommendation of award of contract in the amount of $178,204.10 to K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa in conjunction with F.Y. 2006 VGM Expansion Entrance Road, Contract No. 704, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Abstain: Cole because she is employee of VGM. Resolution adopted and upon approval by Mayor assigned No. 2006-406. • • May 15, 2006 PETITIONS FROM PUBLIC 123504 - Schmitt/Kincaid Page 5 that communication from Senior Planner transmitting request of Diane Latusick with Lil' Jimmy O's Donut Shop for a minor Site Plan Amendment to the "S-1" Shopping District for property generally located near the northwest corner of Ridgeway Avenue and Kimball Avenue for the location of a 8' x 14' temporary trailer, be received, placed on file and "Resolution setting date of hearing as June 5, 2006, 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. 2006-407. DOCUMENTS 123505 - Gunderson/Kincaid that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $178,204.10 from K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa in conjunction with F.Y. 2006 VGM Expansion Entrance Road, Contract No. 704, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Abstain: Cole because she is employee of VGM. Resolution adopted and upon approval by Mayor assigned No. 2006-408. 123506 - Gunderson/Kincaid that communication from. Community Development Director transmitting application with U.S. Department of Housing and Urban Development for Lead -Based Paint Hazard Control Program grant for personnel costs, blood testing, education, training, rehabilitation and equipment to be used toward the elimination of lead paint hazards, 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. 2006-409. 123507 - Gunderson/Kincaid that communication from Leisure Services Director transmitting Leisure Services Golf Course Rental Contract with Waterloo Jaycees in the amount of $3,000.00 for rental of city golf courses on July 19-23, 2006, be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-410. 123508 - Gunderson/Kincaid that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 with Hy -Vee Food Store, 306 Byron Avenue, for selling tobacco, tobacco products or cigarettes to any person under 18 years of age, be placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-411. 123509 -Gunderson/Kincaid that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 with Sycamore Convenience, 619 Sycamore Street, for selling tobacco, tobacco products or cigarettes to any person under 18 years of age, be placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-412. May 15, 2006 Documents continued 123510 - Cole/Schmitt Page 6 that communication from City Planner transmitting agreement with Wendell Lupkes to lease for $100.00 property generally located between Prescott's Creek and Southland Park to use for baling purposes, be received, placed on file and "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-413. 123511 - Cole/Schmitt that communication from City Planner transmitting Development Agreement with Gilmor & Doyle Ltd. for property located at 210-214 East 4th Street for tax rebatements for five years at 100 percent of improvements to existing buildings and a minimum assessment of $300,000.00 for ten years, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Nays: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-414. 123512 - Cole/Schmitt that communication from City Planner transmitting Development Agreement with Community National Bank for expansion at 422 Commercial Street for tax rebatements for ten years at 100 percent of new construction with a minimum assessment of $1,500.000.00 for twenty years, be received, placed on file and "Resolution approving said agreement",be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning & Development Director, stated the bank's base value is a little under $800,000.00 at the present time, and with the first addition the bank is adding approximately $500,000.00, so that will take their value to $1,225,000.00. The bank gets no incentives to add the second floor addition. To put on the third floor addition, which they did not want to do at this time, anything over $1,225,000.00 the city will grant the tax incentives, which is typical and done for every business that expands in the downtown. Mr. Temeyer stated it wasn't that the bank wasn't eligible for the tax incentives, they didn't request them for the first floor addition. Councilperson Getty noted that the Development Agreement with Gilmor & Doyle gives them tax rebatements for five years at 100 percent and the Development Agreement with Community National Bank gives them tax rebatements for ten years at 100 percent and he asked what is the difference. Mr. Temeyer responded for remodeling we do five years and for new construction we do ten years. Councilperson Getty asked how the bank is considered new construction when the bank building is already there. Mr. Temeyer responded that we interpret that as new construction. Councilperson Getty asked if anything is written in the language with both of these agreements that if they sell or move what happens then. Mr. Temeyer responded they will have to continue to pay the taxes, so even if they sold to another bank the legal documents stay with the land. These agreements are recorded against the property so it will stay with the property for 20 years and the bank has to agree to this minimum assessment for 20 years. Mr. Temeyer stated the bank receives ten years of rebatements, but they also have to agree to the minimum assessment for 20 years. Mr. Temeyer stated Gilmor & Doyle receives tax rebatements for 5 years, and they have to agree to the minimum assessment for ten years. Mr. Temeyer stated this guarantees that the taxes will continue to be paid for that period of time. Councilperson Gunderson asked if the bank is obligated with the incentives to pay taxes for 20 years even if the bank is no longer there. Mr. Temeyer responded yes at the $1.5 minimum assessment. Councilperson Getty asked what happens if Community National Bank sells or moves, are we guaranteed taxes. Mr. Temeyer responded we are guaranteed taxes for 20 years, no matter who owns it, the value stays the same and they cannot ask for a lowering of the value for 20 years. May 15, 2006 Documents continued Councilperson Getty asked what happens if they move and no one is in the building. Mr. Temeyer responded they will still have to pay taxes. Mr. Temeyer stated the agreement is signed by the Black Hawk County Assessor, and she also agrees to the value and that it is going to stay there for that period of time. Mr. Temeyer noted the only thing that could rescind it is if the council does it themselves. Page 7 Jim Walsh, City Attorney, stated the taxes do run with the land, and even if the bank sells to someone, whoever owns the building will have to pay the taxes at the increased agreed value for a full 20 years. After that, the valuation agreement goes away, and they will pay whatever the assessed value is according to the Black Hawk County Assessor's office. Councilperson Getty asked if the city rebates the taxes for ten years, and they sell in five years what happens. Mr. Walsh responded the city is still obligated to abide by the agreement because the benefit of the bargain is the structure they built, not who owns it. Mr. Walsh stated what we wanted was a nice, new building built in downtown Waterloo, and we got it no matter what happens after this. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Getty. Abstain: Greenwood because he is a shareholder. Resolution adopted and upon approval by Mayor assigned No. 2006-415. 123513 - Cole/Schmitt that communication from Assistant City Engineer transmitting Construction Plans for sanitary sewer serving Deer Creek Plat No. 1 and Deer Creek Plat No. 2 and 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. 2006-416. 123514 - Cole/Schmitt that communication from Superintendent of Central Garage transmitting 28E Agreement with Black Hawk County Board of Supervisors to provide fuel and vehicle maintenance to Black Hawk County Health Department, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-417. 123515 - Cole/Schmitt that communication from Assistant City Planner transmitting Final Plat of Summerland Farms First Addition, together with Staff report, aerial photograph, final plat, Deed of Dedication - Certificate of Survey, Report of the City Engineer and resolution adopted by the Planning, Programming, and Zoning Commission, be received, placed on file and "Resolution approving said final plat," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-418. 123516 - Cole/Schmitt that communication from Community Development Director transmitting agreement with Daniels Home Improvement at a cost of $26,187.00 for lead abatement at 817 Wellington Street using $18,187.00 G.O. Bond funding and $8,000.00 Lead Grant funding to assist in the repair of the property, be received, placed on file and "Resolution approving said agreement," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-419. May 15, 2006 ORDINANCES TO BE ADOPTED Page 8 123517 - Schmitt/Kincaid that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Chapter 13, Telecommunications Commission, of Title 2, Boards and Commissions; and enacting in lieu thereof a new Chapter 13, Waterloo Cable TV Commission, of Title 2, Boards and Commissions (changing name of Telecommunications Commission to Waterloo Cable TV Commission)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 123518 - Schmitt/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 123519 - Schmitt/Cole that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Chapter 13, Telecommunications Commission, of Title 2, Boards and Commissions; and enacting in lieu thereof a new Chapter 13, Waterloo Cable TV Commission, of Title 2, Boards and Commissions (changing name of Telecommunications Commission to Waterloo Cable TV Commission)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4814. 123520 - Schmitt/Kincaid that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection A, Fees, of Section 9-2A-12, Services, of Article A, Fire Prevention Inspections, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations; and enacting in lieu thereof a new Subsection A, Fees, of Section 9-2A-12, Services, of Article A, Fire Prevention Inspections, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations (adding aerial response fees)", be received, _placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson asked if Waterloo has a 28E Agreement with another city can we still bill them. Ned DeBerg, Fire Chief, responded this is a Waterloo ordinance, and he would not be able to use this ordinance in another city to bill for those services. Jim Walsh, City Attorney, stated it would be hard to charge anyone else under one of our ordinances with a fee, but the agreement with the adjoining municipality could include a charge but that would have to be set out separately. Councilperson Gunderson asked if the city's Fire Department responds to a city very close to us, and we are there first doing the work for their department, there is no billing that the city can do. Chief DeBerg responded not at this time as that would be considered a mutual aid. The City of Waterloo is part of Black Hawk County Mutual Aid so any other city we respond to at this time as long as we feel we can give up that apparatus to go to that fire, we would not charge them. Chief DeBerg stated we are also a part of an Iowa Mutual Aid• system. Councilperson Greenwood asked what is the difference between a Mutual Aid and a 28E Agreement and why do we have 28E Agreements if we have to respond with mutual aids. Chief DeBerg responded the 28E Agreements the city has with Elk Run Heights, Cedar Township and East Waterloo Township, we are responding with our fire and EMS services for payment. Chief DeBerg stated the city is also a part of the Northeast Iowa Response Group, which is a 28E Agreement between 11 counties within the group. That is where the City of Waterloo's Hazardous Materials Team responds in all 11 counties. Chief DeBerg stated a mutual aid is just a written agreement that if one city needs help with fire response, the other city, if they do have the equipment and wants to send it, they can. May 15, 2006 Ordinances to be Adopted continued Councilperson Getty asked if the aerial truck goes out to a response and it is not used is there still a charge for it. Chief DeBerg responded that yes there is because we will use equipment off the aerial. Just because we don't use the 100 foot ladder, they carry six to eight more ladders, a generator, lighting and all kinds of different equipment that is used at almost all fires. Chief DeBerg stated this ordinance is for any property considered commercial property, including rental property with three or more apartments. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. Page 9 123521 - Schmitt/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 123522 - Schmitt/Cole that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection A, Fees, of Section 9-2A-12, Services, of Article A, Fire Prevention Inspections, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations; and enacting in lieu thereof a new Subsection A, Fees, of Section 9-2A-12, Services, of Article A, Fire Prevention Inspections, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations (adding aerial response fees)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4815. NEW BUSINESS 123523 - Cole/Schmitt that communication from Superintendent of Traffic Operations transmitting recommendation of installation of street lights on the southwest corner of William Drive and Crusade Drive and on the northeast corner of William Drive and Luxley Drive, be received, placed on file and "Resolution approving installation of said lights", be adopted and City Clerk instructed to notify MidAmerican of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-420. 123524 - Cole/Schmitt to instruct Airport Director to prepare plans, specifications, form of contract, etc. in conjunction with Rehabilitation of Runway 12-30 at the Waterloo Regional Airport, be received, placed on file and approved. Ayes: Seven. Motion carried. 123525 - Cole/Schmitt that plans, specifications, form of contract etc. in conjunction with Rehabilitation of Runway 12-30 at the Waterloo Regional Airport, be received and placed on file. Ayes: Seven. Motion carried. 123526 - Cole/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-421. 123527 - Cole/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as June 5, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-422. May 15, 2006 ORAL PRESENTATIONS Page 10 123528 - Peggy McDonald, 5010 Williams Drive, spoke to the council concerning companies that violate the Clean Air Act and federal and state EPA Standards. Ms. McDonald stated some officials and local citizens have made statements that the proposed coal fired power plant "will not" pollute any more than a few others do. Ms. McDonald stated she finds these statements somewhat idiotic and irresponsible. Ms. McDonald stated she moved here in July 2005, and she feels if any citizens or officials feel any other plants are breaking these standards, they should be pursuing them diligently. Ms. McDonald stated regarding the coal fired power plant planned in Elk Run Heights in Black Hawk County, she was at the Thursday meeting and was struck oddly about the vagueness of the answers. Ms. McDonald stated if she were proposing a highly controversial power plant somewhere, she would have come with all of her ducks in a row. Ms. McDonald stated Mr. Milford had no information that gave anyone reason to believe his company was on the up and up. Ms. McDonald stated after hearing elected officials making comments about how well they thought the meeting went and how the pollution would be about the same, you could see how she was wondering how this was going to end up. Ms. McDonald stated she is a respiratory therapist who has for 24 years worked with adults and children with asthma, which has been directly linked to outside pollution as well as smoking. Ms. McDonald stated between the coal dust from the train cars, the ammonia fumes and hazards of trucking into the city to the plant,, the results could be very high on everyone, but especially the. children. The children have a smaller body mass so the concentration levels will be higher in them. Ms. McDonald stated we can do better if we would be patient and wait for just a few years for the coal power plant that is almost ready that will give out almost no emissions. Ms. McDonald stated she hopes the agencies who have jurisdiction over these types of facilities will publish the information for public comment. Ms. McDonald stated as a respiratory therapist she is concerned about airborne pollution on our health. Ms. McDonald stated this concern is centered around the children and - the increase in asthma that has occurred over the past several years, and this is something we should not take lightly. Getty/Greenwood that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 123529 - Schmitt/Welper that the Council adjourn at 6:26 p.m. Ayes: Seven. Motion carried. Na3icY E ert, CMC City Clerk