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HomeMy WebLinkAboutMinutes-12/17/20071 December 17, 2007 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, December 17, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Cole, Schmitt. Absent: Getty. Moment of Silence. Pledge of Allegiance: Tim Shea, Superintendent of Waste Management Services. 126355 - Schmitt/Kincaid that the Agenda, as amended, for the Regular Session on Monday, December 17, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. 126356 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, December 10, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. 126357 - OATH OF OFFICE The City Clerk administered the Oath of Office to Mayor -Elect Tim Hurley. Mayor Tim Hurley administered the Oath of Office to the following Council Members -Elect: Council Member at Large - Steve Schmitt Council Member, 2nd Ward - Carolyn Cole Council Member, 4th Ward - Quentin Micheal Hart CONSENT AGENDA 126358 - Schmitt/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP640, pp. 1-75, dated December 17, 2007, in the amount of $2,729,961.55, 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. 2007-1038. b. Motion to approve the following: 1. Request of Michelle Weidner, Chief Financial Officer, for approval of $200.00 for self -study continuing education course - AICPA - Foundations in Governmental Accounting. 2. Tim Hurley, Mayor; Donald Temeyer, Community Planning & Development Director; Rudy Jones, Community Development Director; and Noel Anderson, City Planner; to meet with Congressional Delegation Members in Washington, DC on February 23-26, 2008, with costs not to exceed $1,255.00 each. 3. Communication from Mayor Tim Hurley transmitting recommendation of reappointment of Rodger Burris to the Water Works Board of Trustees, with term expiration date of January 12, 2014. c. Beer/Liquor License Permit Application Class C The Locker Room Lounge, 1918 Hawthorne Avenue (Renewal) (Expires 12/31/08) (Includes Sunday Sales) Spicoli's, 3555 University Avenue (New) (Expires 12/12/08) d. Outdoor Service Area Application Spicoli's, 3555 University Avenue e. Cigarette/Tobacco Permit Application Spicoli's, 3555 University Avenue Ayes: Six. Absent: Getty. Motion carried. December 17, 2007 HEARINGS & BIDS 126359 Greenwood/Gunderson Page 2 that proof of publication of notice of public hearing on 2007 Golf Turf Equipment, as published in the Waterloo Courier on December 6, 2007, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 126360 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Gunderson that the hearing be closed. Ayes: Six. Absent: Getty. Motion carried. 126361 - Greenwood/Gunderson that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2007 Golf Turf Equipment", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1039. 126362 - Greenwood/Gunderson that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1040. 126363 - Schmitt/Gunderson to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Ayes: Six. Absent: Getty. Motion carried. UNFINISHED BUSINESS 126364 - Gunderson/Welper that communication from Airport Director transmitting recommendation of award of contract in the amount of $126,700.00 to Logan Construction of Metamora, Illinois in conjunction with T -Hangar Doors Replacement Project at Waterloo Regional Airport, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1041. 126365 - Gunderson/Welper that communication from Community Planning and Development Director transmitting recommendation of award of contract in the amount of $244,950.00 to D.W. Zinser Company of Walford, Iowa in conjunction with Phase I Demolition - Former Chamberlain Manufacturing Property, 550 Esther Street, Contract No. 741, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1042. 1 • JD 2500A JD 2500E JD 7500D JD 2653B TORO 3250 D TORO 2000 TORO 5410 JACOBSEN LF3400 JACOBSEN G PLEX III DIESEL JD 3235A TRADE IN JD 2500 TRADE IN JD2500 TRADE IN JD 3215B TRADE IN Great American Outdoor 22,700 21,100 Gas 24,600 Diesel 35,100 21,900 1,000 3,000 4,000 4,000 Tri State Co. 25,750 21,300 40,125 2,400 4,000 4,500 10,100 Turf werks 34,000 21,650 2,000 2,800 3,200 6,000 Ayes: Six. Absent: Getty. Motion carried. UNFINISHED BUSINESS 126364 - Gunderson/Welper that communication from Airport Director transmitting recommendation of award of contract in the amount of $126,700.00 to Logan Construction of Metamora, Illinois in conjunction with T -Hangar Doors Replacement Project at Waterloo Regional Airport, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1041. 126365 - Gunderson/Welper that communication from Community Planning and Development Director transmitting recommendation of award of contract in the amount of $244,950.00 to D.W. Zinser Company of Walford, Iowa in conjunction with Phase I Demolition - Former Chamberlain Manufacturing Property, 550 Esther Street, Contract No. 741, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1042. 1 • December 17, 2007 Page 3 Unfinished Business continued 126366 - Gunderson/Welper that communication from Superintendent of Central recommendation of award of contract in the amount of Country of Cedar Rapids, Iowa in conjunction with Purchase Loader Garbage Truck, be received, placed on file and award of said contract", be adopted. Ayes: Six. Absent: Garage transmitting $185,163.00 to Truck of One Automated Side "Resolution approving Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1043. PETITIONS FROM PUBLIC 126367 - Welper/Schmitt that communication from City Planner transmitting request of John Rooff to purchase for $1.00 city -owned property generally located at the southwest corner of Mobile and Douglas Streets for purpose of building a new home with taxable value of $85,000.00, be received, placed on file and "Resolution setting date of hearing as January 7, 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: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1044. REPORTS 126368 - Schmitt/Kincaid that communication from Mayor Tim Hurley transmitting Status Report - November 2007 Progress Toward Adopted 1-3 Year Goals and Strategic Objectives - 2005-07, be received and placed on filed. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported that council and staff recently went through the goal setting process. Part of that process was for staff, mayor and council to look back at the last three years since the last goal setting process. As is often the case, when you take a look back that far and start looking at the things that have been accomplished and where there has been forward progress, its fairly notable and pleasing. it was a suggestion of the facilitators and one of the staff members brought it up at their session that we formalize this document and receive and file this at a council meeting to make this a public document. Mayor Hurley noted these accomplishments are shared with many, starting with the 500 plus employees with the City of Waterloo, right up to the department heads he works with day in and day out. Also, this council for their wisdom, for their foresight, their discipline and their understanding of the issues as they come before them, and specifically John Kincaid and Eric Gunderson. Mayor Hurley commented that he is proud to have been associated with Councilpersons Kincaid and Gunderson. Everyone didn't always agree on everything, but he respects that and values their respect. Mayor Hurley wished Councilpersons Kincaid and Gunderson the best and thanked them for their part because its not insignificant in this document. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Motion carried. 126369 - Welper/Kincaid that communication from Chief Financial Officer transmitting City of Waterloo Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2007, be received and placed on filed. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported he met this afternoon with one of the principal partners from our audit firm, Hogan & Hansen, along with Michelle Weidner, Chief Financial Officer; and Nancy Eckert, City Clerk; and went through the audit. Its not quite complete as the grant compliance portion of the audit is not yet complete but will be delivered hopefully by the end of the year and then the audit will be reissued. This is a very good audit and Mayor Hurley encouraged the council to particularly read the auditors report, the management's discussion and analysis. Mayor Hurley pointed out one of the key indicators is our general fund balance. The unreserved, undesignated fund balance increased by $1,267,310. We don't budget for that, we put that in our rainy day fund once we see how the year has closed. This is a key indicator that our general fund activities performed better than budgeted. December 17, 2007 Reports continued That represents a total unreserved, undesignated fund balance which is our rainy day fund just under $7 million which represents 18 percent of our general fund revenue. Our benchmark is to achieve 25 percent, which is encouraged by our rating firms and others. As early ago as June 2000 that ratio was at 5.2 percent, just above what the state recommends that we have. The general fund unrestricted cash is 30.2 percent of general fund revenues. The debt service fund has a planned decrease. The TIF fund realized increases in both cash and fund balance. The employee benefits fund, cash and fund balance, increased in both of those due to lower than expected costs. The local option sales tax fund cash decreased as well as the fund balance for future construction due to significant construction in the Rath Brownfields area and an overlapping of previously authorized projects. The road use tax fund saw an increase in cash and fund balance. The library special levy fund recognized a decrease, which is less of a decrease than was originally budgeted. The library had accumulated a fund balance of 100 percent plus and they started taking the measures to draw that down closer to the 25 percent target, of which they are at 23.2 percent now. We have cash and fund balance increase in the housing fund. The negative fund balances in the federal aviation projects fund and the capital improvements fund are temporary and were created due to expenditures made prior to receiving reimbursements from the granting agencies. Cash and fund balance in the capital projects funds increased. The sanitation fund ended the year with an increase in cash and net assets increased. The same thing in the sewer fund, a smaller increase in cash, but they are still meeting that 25 percent factor. Then they auditors look at how we do our business, what kind of internal controls do we have, how do we watch the citizens' money, whether they are coming through the federal fund stream, the state fund stream, fees or property taxes. The auditors identified no material weaknesses. They did have one new one that was classified as a significant deficiency in financial reporting which will be taken care of during this fiscal year. We had three statutory compliance issues. Two of them we have had all along, one of them deals with the airport not requiring property tax support. The third statutory compliance issue was reported relating to the Section 108 loan that was entered into this year. That loan will be paid off next month so that situation will be taken care of. Mayor Hurley commented it is incomprehensible to him the work that goes on daily with Ms. Weidner and her staff to keep these numbers straight, to report them correctly when you are dealing with hundreds of millions of dollars. Mayor Hurley stated he appreciates all their hard work in bringing us to a point where we really have a fine audit on the part of a third party objective reviewer. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Motion carried. Page 4 DOCUMENTS 126370 - Schmitt/Cole that communication from Building Official/Maintenance Administrator transmitting agreement with Black Hawk County for the City to provide technical and professional assistance for electrical licensing and inspections, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1045. 126371 - Schmitt/Cole that communication from Airport Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $126,700.00 with Logan Construction of Metamora, Illinois in conjunction with T -Hangar Doors Replacement at Waterloo Regional Airport, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1046. 126372 - Greenwood/Schmitt that communication from Senior Planner transmitting Encroachment Agreement with Clubhouse Iowa, LLC to allow for three private light poles at 2010 Sears Street, generally located at the southeast corner of San Marnan Drive and Sears Street, to encroach one and a half foot each into the right-of-way of Crossroads Boulevard, together with recommendation of denial of Planning, Programming and Zoning Commission, 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. • • December 17, 2007 Documents continued Councilperson Welper noted that he visited with the electrical contractor regarding the lights and Eric Thorson, City Engineer, and there is a difference between the two. Chances are there will never be a sidewalk put in the area where the lights are, but the sign is a little different situation. When the employees were putting the lights in place, they ran into a gas line, so they simply put the lights along the gas line which put them less than 1.5 feet into the right-of-way. Councilperson Welper commented that in speaking with Mr. Thorson today, the encroachment agreement has some stipulations that at any time the city could force the owner to move the lights. The owner must also carry insurance on these lights because they are on city property and should someone get hurt in regards to the lights, the owner would have to bear sole responsibility. Councilperson Welper noted that there is a difference between the two because there could be a possibility of a sidewalk in regards to where the sign is, which is two feet off course. Page 5 Eric Thorson, City Engineer, reported in his review of the plans that were submitted to the city, there was a plan sheet that showed the location of lights on private property, and another plan sheet that showed the location of the utilities which were in close proximity. Mr. Thorson noted that it appears to him that there was maybe a lack of diligence on somebody's part during the design of the construction to make sure that all of that was going to work before it got so far into the project and you couldn't change things. The encroachment agreement does provide a sixty day notice whereby a property owner can be required to remove those at their expense, and they have to carry insurance naming the city as additional insurance to legate any liability issues that may come about because of this. There is a difference in the fact that there probably won't be much chance of a sidewalk along Crossroads Boulevard where the lights are located, but at some point we hope to have a sidewalk along Sears where the sign is located. Councilperson Gunderson asked if the encroachment agreement for the freestanding sign also provides a sixty day notice where the property owner would have to remove the sign at their expense if the city wanted to install a sidewalk. Mr. Thorson responded that it is his understanding that both encroachment agreements would be written in similar terms, its just two different items with a little bit different impact for each. James Walsh, City Attorney, reported that careful attention has been given to this encroachment agreement and given that it was a good faith mistake, he doesn't' think there is anything that would hurt the city financially by entering into the agreement. If people were doing this on purpose, then the city would have to take some kind of action. Mr. Walsh suggested the council amend the ordinance to require an application fee for this kind of agreement. There is a lot of staff work and time that goes into doing this, and if people cause this by their own mistake, then they should have to cover the cost, not other taxpayers. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1047. 126373 - Greenwood/Schmitt that communication from Senior Planner transmitting Encroachment Agreement with Clubhouse Iowa, LLC to allow a freestanding sign at 2010 Sears Street, generally located at the southeast corner of San Marnan Drive and Sears Streets, to encroach two feet into the right-of-way of Sears Street, together with recommendation of denial of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1048. December 17, 2007 Page 6 Documents continued 126374 Schmitt/Kincaid that communication from City Planner transmitting master contract, CEBA funding agreement and Promissory Note with Iowa Department of Economic Development and Healthcare Quality Association on Accreditation (HQAA) for $200,000.00 loan/forgivable loan through the CEBA Program, $100,000.00 investment tax credits through the Enterprise Zone Program and a refund on sales tax for renovations through the EZ Program in conjunction with $3.9 million improvements at the former Walker Shoes site, 112-116 East 4th Street, and creation of 40 new jobs over the next three years, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Abstain: Cole as the applicant is her boss at VGM. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1049. 126375 - Schmitt/Kincaid that communication from Senior Planner transmitting Memorandum of Understanding with Iowa Northland Regional Council of Government at a cost not to exceed $7,000.00 for preparation of application for 2008 Pre -Disaster Mitigation program funds for development of a Hazard Mitigation Plan, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1050. 126376 - Schmitt/Kincaid that communication from Senior Planner transmitting application with Iowa Emergency Management Division for 2008 Pre -Disaster Mitigation Program funds for development of a Hazard Mitigation Plan, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1051. 126377 Schmitt/Kincaid that communication from Associate Engineer transmitting Notice of Discontinuation of Storm Water Discharge Covered under Iowa NPDES General Permit 2 in conjunction with F.Y. 2006 San Marnan Drive Traffic Improvements - Phase III Traffic Signals and PCC Pavement, Contract No. 702, be received, placed on file and "Resolution approving said notice", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1052. 126378 - Schmitt/Kincaid that communication from Associate Engineer transmitting request to rescind change order approved on December 3, 2007 and approve Change Order Nos. 1, 3, 4, 5, 6, 8, 9, 10, 12, 13 for a net decrease in the amount of $182,321.33 for work performed by Peterson Contractors of Reinbeck, Iowa in conjunction with F.Y. 2004 18th Street Bridge and Approach Roadway, Contract No. 622, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Motion carried. 126379 - Schmitt/Kincaid that communication from Building Official/Maintenance Administrator transmitting renewal of contract with Aramark Uniform Services for 36 months with an overall 16 percent decrease in cost, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1053. • • December 17, 2007 Page 7 Documents continued 126380 - Kincaid/Schmitt that communication from Mayor Tim Hurley transmitting applications to Black Hawk County Gaming Association (BHCGA) for grants in the amount of $38,974.00 for Central Garage Emergency Power Generator, $15,000.00 for Leisure Services to assist with seasonal employees minimum wage increase, $80,000.00 for Planning and Zoning for funding for demolition of former Van Eaton School site and $25,000.00 Partnership Fund to assist in the promotion, education, compliance and activities of fair housing, be received, placed on file and "Resolution approving said applications", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported the city is submitting four applications for the second cycle for Black Hawk County Gaming disbursements and the city is submitting four applications. There were a couple of city applications put on hold from the first cycle, and those are still active. The request from Mark Rice, Superintendent of Central Garage, for an emergency power generator allows the city to fuel our vehicles in the event of a power failure, particularly the emergency vehicles. Paul Huting, Leisure Services Director, is requesting $15,000.00 to absorb the impact of the minimum wage increase that goes into effect January 1, 2008 for our seasonal employees, which would allow the city to continue our youth programming and summer programming at the same pace as today. Don Temeyer, Community Planning and Development Director, is requesting $80,000.00 for demolition of the Van Eaton School site. If the city receives that grant and demolishes the building, we would have property that could be turned back onto the tax rolls. David Meeks, Director of Human Rights Commission, is resubmitting an application from the last time with more information for $25,000.00, which would enable the city to hire a fair housing coordinator, and that person would focus on the proactive and educational part and also case work which generates revenue for the city. Don Temeyer, Community Planning and Development Director, explained that the former owner of Van Eaton School thought they would make it either storage or part of the recreation complex, which never materialized because there was never any money. It was used for storage for a while and its been sitting empty since the day the city took ownership, maybe 15 or 20 years ago. Mr. Temeyer commented that the property is located on Burton Avenue, and people have been interested over time but when they really get into it they can't afford to demolish it. There are about 2.5 acres on the site, so it could make about eight or ten nice housing lots if we can get the building torn down. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1054. 126381 - Kincaid/Schmitt that communication from Associate Engineer transmitting request to rescind change order approved on December 3, 2007 and approve Change Order No. 5 for a net increase in the amount of $120,810.92 for work performed by Aspro, Inc. & Subsidiaries in conjunction with F.Y. 2007 Asphalt Overlay Program, Divisions I, II & IV, Contract No. 719, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported the parking lot at the airport was paved earlier in the year as part of this contract, Division III, and because we were using some older bond money council was asked to accept and approve Division III earlier in the year. Division III was inadvertently added in again, so we were kind of doubling up and approving it again. To make it clear in the audit, the Engineering Department is asking council to rescind the former approval and just approve Divisions I, II and IV that are now completed. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Motion carried. December 17, 2007 Documents continued 126382 - Kincaid/Schmitt Page 8 that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. & Subsidiaries at a total cost of $3,568,176.29 in conjunction with F.Y. 2007 Asphalt Overlay Program, Divisions I, II & IV, Contract No. 719 and rescind Resolution No. 2007- 998 adopted on December 3, 2007, be received, placed on file and "Resolution approving said documents", be approved. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1055. RESOLUTIONS TO BE ADOPTED 126383 - Cole/Schmitt that "Resolution authorizing City Clerk to cancel special assessments in the amount of $750.00 for 230 Gable Street as the City of Waterloo has obtained title to said property", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1056. 126384 - Cole/Schmitt that "Resolution designating June 30, 2007 fund balance for specified uses", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2007-1057. ORDINANCES TO BE ADOPTED 126385 - Gunderson/Welper that "an Ordinance establishing grades for F.Y. 2008 Sidewalk Block Grant Repair Assessment Program - Zone 7, Contract No. 735, in the City of Waterloo, Iowa", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Getty. Motion carried. 126386 - Gunderson/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried. 126387 - Gunderson/Welper that "an Ordinance establishing grades for F.Y. 2008 Sidewalk Block Grant Repair Assessment Program - Zone 7, Contract No. 735, in the City of Waterloo, Iowa", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor assigned No. 4894. 126388 Gunderson/Welper that "an Ordinance establishing grades for the F.Y. 2008 Sidewalk Repair Assessment Program - Zone 7, Contract No. 724, in the City of Waterloo, Iowa", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Getty. Motion carried. 126389 - Gunderson/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried. 126390 - Gunderson/Welper that "an Ordinance establishing grades for the F.Y. 2008 Sidewalk Repair Assessment Program - Zone 7, Contract No. 724, in the City of Waterloo, Iowa", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor assigned No. 4895. • • December 17, 2007 Page 9 ORAL PRESENTATIONS 126391 - Don Shatzer, 6515 Newell Street and Vice President of Community Energy Solutions, a non-profit organization supported by hundreds of residents in Waterloo and the surrounding areas who are concerned about the health and the environmental effects of the 750 megawatt coal plant. On October 11, 2007 the City Development Board rejected the annexation of 345 acres of prime Iowa farmland in the city boundaries of Waterloo for the proposed coal plant. In a Courier editorial dated October 21, 2007 Mayor Hurley stated, "The city is not building this plant, the next step has to be a trigger pulled by LS Power". On November 21, 2007 UNI Professor William Stigliani recommended the County Board of Health reject the coal plant due to health issues associated with coal plants. Mayor Hurley had no comment on the health report, but a week later unilaterally engaged the city in litigation without approval of council when a month had passed in which he had ample opportunity to confer with them. This appeal if not withdrawn will cost Waterloo tax payers thousands of dollars that would be better spent on an array of more beneficial programs. Community Energy Solutions respectfully requests that the city withdraw the appeal of the City Development Board's decision on annexation and take the immediate step of rejecting LS Power's plan to build in our community. Community Energy Solutions is a voice of hundreds of people willing to sacrifice their time and resources to protect their health and that of their children and grandchildren. Mr. Shatzer submitted his letter to place on record. Mayor Hurley commented that there has always been confusion about what this council and the mayor are doing regarding the proposed power plant, but specifically to the appeal to the City Development Board, he did absolutely nothing unilaterally. This city council gave their directions to our legal counsel to do everything and anything possible to work out the annexation and the appeal is part of that. When council says stop, legal counsel will stop. Mayor Hurley noted the city was facing a timeline, and it is his own personal opinion that in the words of the appeal that the City Development Board did indeed act arbitrarily and capriciously. There was a date that was coming near for which the city could no longer appeal, so legal counsel did submit an appeal to save our place in the process. It doesn't mean that months down the line that the city will actually do that, although we've signaled that we would. The reason we would is based upon our belief that they did not follow state code and state law in regard to the city's petition, and they did so in a way that the city didn't deem fair. Mayor Hurley asked the scenario if there was going to be a wind farm on that acreage or solar ray and the City Development Board rejected the city's petition for annexation would CES feel the same. Mayor Hurley noted he is more concerned about the rationale and the reasoning for the City Development Board's denial of the city's request. Mayor Hurley stated he thinks a signal needs to be sent that we object to their rationale for annexation because who knows when we will want to do it again and for whatever reason. Jim Walsh, City Attorney, noted the council made a determination to annex the land. There are a number of steps in which this process can be advanced, delayed or denied. Until the City Attorney's office receives contrary direction from the city council, they will continue to move ahead to achieve the goal of annexing the land. This council acted to annex land, not build a power plant. The City Development Board's decision is bizarre and its contrary to what they have done in many cases in the past. We need clarification as to what role the CDB is going to play, and the courts may give us the guidance and the process of this case. Is the City Development Board going to decide what uses can be made and what uses can't be made as part of their process, so there is reason to do this separate and apart from whether a power plant gets built at all. Mr. Walsh again stated until this city council decides otherwise, the City Attorney's office is proceeding as if they want to annex the land. Councilperson Cole commented on the departing councilmen, Eric Gunderson and John Kincaid. Councilperson Cole noted that she and Councilperson Gunderson have not always agreed on everything, but he really has done a superb job representing the city at -large. First as a member of the Waterloo Police Department for 30 some years and then as a councilmember, he always did his homework and worked hard. Councilperson Cole noted Councilperson Gunderson always presented a good case for his decisions and thanked him for his service, she is going to miss him and she is really going to miss his sense of humor. Councilperson Cole stated that Councilperson Kincaid is a gentleman and a gentle man, and it has been a pleasure to serve with him. His quiet, yet determined, manner served his 4th Wards constituents well. Councilperson Cole stated she will miss Councilperson Kincaid and wishes only the best for him, Susie and the rest of his family. Councilperson Schmitt seconded Ms. Cole's comments. December 17, 2007 Oral Presentations continued Mayor Hurley acknowledged both councilpersons' professionalism, insight, thoughts, and support. Mayor Hurley noted that their sometimes adversarial positions were all appreciated and taken in the right light, and he gave them a tip of the hat. Page 10 John Kincaid thanked each one of the councilpersons stating he really enjoyed working with them. He really learned how government wheels turn, they turn slowly. You just can't snap your finger and make things happen. Councilperson Kincaid noted he had a lot of projects that he wanted to try and get done, but, unfortunately, he is unable to get them done. Hopefully, Mr. Hart will follow through and finish up what he has started. Councilperson Kincaid commended the City of Waterloo's staff as they have been excellent to work with, and he has gotten know each of them very well. Councilperson Kincaid noted the only person he had problems with was Michelle, but he even got to know her, and when he mentions Moby Dick she will understand. Councilperson Kincaid commented that Nancy has just been superb in helping him in anyway that he needed to be helped. Councilperson Kincaid stated he loves the mayor and council and wishes everyone the best. Councilperson Gunderson commented that since high school he has actually worked for one city department or another. Councilperson Gunderson stated he feels after 40 plus years its time to move on to other things, and this is the time to do it for himself. Councilperson Gunderson noted it has been a pleasure, and he learned a lot. Councilperson Gunderson stated he would put the city's department heads up against any department heads in the State of Iowa for their knowledge and their commitment to the City of Waterloo. Gunderson/Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 126392 - Gunderson/Schmitt that the council adjourn to Executive Session at 6:40 p.m. Ayes: Six. Absent: Getty. Motion carried. Jim Walsh, City Attorney, stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1)(j)(2007). EXECUTIVE SESSION 126393 - Schmitt/Gunderson that the council adjourn Executive Session at 6:53 Getty. Motion carried. 126394 Schmitt/Cole p.m. Ayes: Six. Absent: that Planning, Programming and Zoning staff be authorized to proceed. Ayes: Six. Absent: Getty. Motion carried. ADJOURNMENT 126395 - Schmitt/Gunderson that the Council adjourn at 6:54 carried. p.m. Ayes: Six. Absent: Getty. Motion Nancy Eckert, CMC City Clerk • •