Loading...
HomeMy WebLinkAboutMinutes-05/21/2007May 21, 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, May 21, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Councilperson John Kincaid. 125356 - Schmitt/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, May 21, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 125357 Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, May 14, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring May 20-26, 2007 as Emergency Medical Services Week. Mayor Hurley read a Proclamation declaring May 26, 2007 as Cool 105.7 Fourth Street Cruise Day. Mayor Hurley performed Swearing -In of the following firefighters: Lucas King, Eric Schmudlach and Brad Purdy. CONSENT AGENDA 125358 - Schmitt/Kincaid 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. 1-75, dated May 21, 2007, in the amount of $1,306,883.92, 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. 2007-381. 2. Communication from City Engineer transmitting request of Neil & Dawn Reinertson for a waiver for a concrete driveway to be located at 187 Trible Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2007-382. b. Motion -to approve the following: 1. Sue Holms, Police Sergeant, to attend Hostage Negotiation School in Iowa City, Iowa on June 25-29, 2007, with costs not to exceed $779.00, including use of city vehicle. 2. Phil Lowrey and Ryan Muhlenbruch, Police Officers, to attend High Risk Swat Operations School in Muscatine, Iowa on June 4-8, 2007, with costs not to exceed $2,010.00, including use of city vehicle. 3. Rob Camarata, Police Officer, to attend Practical Homicide Investigation Seminar in St. Paul, Minnesota on June 11-13, 2007, with costs not to exceed $680.00, including use of city vehicle. 4. Nancy Gulick, Community Development Coordinator, to attend National Community Development Association 2007 Annual Conference in San Francisco, California on June 18-22, 2007, with costs not to exceed $2,254.00.. c. Wine License Permit Application Class B New Star Liquor, 1625 W. 4th Street (New) (Expires 2/29/08) (Includes Sunday Sales) May 21, 2007 Consent Agenda continued Page 2 d. Beer License Permit Application Class B My Waterloo Days, Transfer to 1000 Fletcher Avenue June 2-3, 2007 American Golf Course, 1575 West Big Rock Road (Renewal) (Expires 6/30/08) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Jo Mama's, 352 Fletcher Avenue (Renewal) (Expires 6/10/08) (Includes Sunday Sales) Times Lounge, 213 East 5th Street (New) (Expires 5/22/08) (Includes Sunday Sales) f. Outdoor Service Area Application American Golf Course, 1575 West Big Rock Road g. Fireworks Display Application Waterloo Bucks Baseball Club, Riverfront Stadium on July 27, 2007 h. Bonds. Ayes: Seven. Motion carried. HEARINGS & BIDS 125359 - Gunderson/Welper that proof of publication of notice of public hearing on F.Y. 2007 Flood Wall Joint Repairs, Contract No. 729, as published in the Waterloo Courier on May 2, 2007 and notice to bidders, as published in the Waterloo Courier on April 25, 2007, be received and placed on file. Ayes: Seven. Motion carried. 125360 - 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. 125361 - Gunderson/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Flood Wall Joint Repairs, Contract No. 729", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-383. 125362 - 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. 2007-384. 125363 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Mike Dolan Concrete & Masonry, Waterloo, IA Peterson Contractors, Inc., Reinbeck, IA Ayes: Seven. Motion carried. Bid Bond 5% 5% Bid Amount $ 74,652.96 $245,202.55 May 21, 2007 Hearings & Bids continued 125364 - Getty/Greenwood that proof of publication of Drive/Titan Trail, Contract No. 2, 2007 and notice to bidders, 2007, be received and placed on Page 3 notice of public hearing on F.Y. 2007 Cyclone 727, as published in the Waterloo Courier on May as published in the Waterloo Courier on April 27, file. Ayes: Seven. Motion carried. 125365 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Greenwood that the hearing be closed. Ayes: Seven. Motion carried. 125366 — Getty/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Cyclone Drive/Titan Trail, Contract No. 727", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-385. 125367 - Getty/Greenwood that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-386. 125368 - Getty/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Cunningham Construction Co., Inc., Cedar Falls, IA Peterson Contractors, Inc., Reinbeck, IA Ayes: Seven. Motion carried. 125369 - Welper/Schmitt Bid Bond 5% 5% Bid Amount $374,342.20 $374,510.50 that proof of publication of notice of public hearing on Purchase Agreement for Disposal of Fire Station No. 8, as published in the Waterloo Courier on May 10, 2007, be received and placed on file. Ayes: Seven. Motion carried. 125370 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 125371 - Welper/Schmitt that "Resolution confirming approval of Request for Purchase Agreement documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-387. 125372 - Welper/Schmitt that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-388. May 21, 2007 Hearings & Bids continued Page 4 125373 - Welper/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to City Planner for review: Bidder Bid Amount Black Equities. Group Ltd., Beverly Hills, CA $1,250,000.00 First Equity Group, Rolling Meadows, IL $2,000,000.00 Ayes: Seven. Motion carried. HEARINGS 125374 - Kincaid/Welper that proof of publication of notice of public hearing on Interactive Staircase for the Phelps Youth Pavilion, as published in the Waterloo Courier on May 10, 2007, be received and placed on file. Ayes: Seven. Motion carried. 125375 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Kincaid/Welper that the hearing be closed. Ayes: Seven. Motion carried. 125376 Kincaid/Welper that "Resolution approving low bid in the amount of $57,200.00 from Sullivan Construction of Cedar Falls, Iowa in conjunction with Interactive Staircase for the Phelps Youth Pavilion", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-389. 125377 - Kincaid/Schmitt that proof of publication of notice of public hearing on development agreement with Rebecca Jo Cain to sell and convey city -owned property generally located in the 700 block of Mobile Street for $1,600.00, as published in the Waterloo Courier on May 10, 2007, be received and placed on file. Ayes: Seven. Motion carried. 125378 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Kincaid/Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 125379 Kincaid/Schmitt that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-390. 125380 Kincaid/Schmitt that "Resolution approving said development agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-391. .'K • • May 21, 2007 Page 5 UNFINISHED BUSINESS 125381 - Greenwood/Gunderson that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $161,778.00 to 3E Kohler Power Systems of Cedar Rapids, Iowa in conjunction with Purchase of Emergency Generators for Fire Stations 1, 3, 4, 5, 6 and 8, 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. 2007-392. PETITIONS FROM PUBLIC 125382 - Cole/Schmitt that communication from City Planner transmitting request of Beef Products, Inc. for a minor site plan amendment to the "M -2,P" Planned Industrial District for a gravel trailer parking area expansion of 41,421 sq. ft. to be located within the northeast area of the site, near the railroad line to the north, with Elk Run Road to the east, including berming and screening through landscaping as part of the project, and improvements to Elk Run Road, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, explained that the Waterloo Zoning Ordinance allows the council the ability to approve minor changes to site plan amendments without the need for a public hearing. If council feels a hearing is necessary, they can ask the City Clerk to set a specific date of hearing. 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. 2007-393. 125383 - Cole/Schmitt that communication from City Planner transmitting request of The Other Place (formerly Fitzgerald's) for a site plan amendment to allow for renovations and a 25' addition to south side of building toward Cataract Avenue, be received, placed on file and "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-394. DOCUMENTS 125384 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting Professional Services Agreement with Earth Tech at an estimated cost of $127,000.00 for design of Phase II of Park Avenue Parking Ramp Repair, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-395. 125385 - Cole/Schmitt that communication from Assistant City Attorney transmitting agreement with Security State Bank for cleanup of tires on the former Freese Ag Service property using remaining $10,000.00 rubble bond, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-396. 125386 - Cole/Schmitt that communication from Superintendent of Central Garage transmitting 28E Agreement with Black Hawk County Sheriff Department, Black Hawk County Engineering and Black Hawk County Country View Care Center to provide fuel, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. May 21, 2007 Documents continued Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson commented it is nice to see the city working with Black Hawk County. This agreement will bring savings for both entities, and, hopefully, bring more monetary savings for the city. 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. 2007-397. 125387 - Cole/Schmitt Page 6 that communication from Associate Engineer transmitting an agreement with Earth Tech, Inc. of Waterloo, Iowa to provide engineering services at a maximum cost of $33,000.00, with city match of 25 percent, in conjunction with F.Y. 2008 Cedar River Trail, Contract No. 726, be received, placed on file and "Resolution approving said agreement", be adopted. and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-398. RESOLUTIONS TO BE ADOPTED 125388 - Cole/Schmitt that communication from Superintendent of Traffic Operations transmitting request to remove signals at West 6th Street and Mitchell Avenue and at Baltimore Street and Hawthorne Avenue, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-399. ORDINANCES TO BE ADOPTED 125389 - Schmitt/Gunderson that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 391 to Section 2A-5, rezoning Certain Property", be received, placed on file, considered and passed for the second time (request of Elk Run Energy Associates LLC to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District approximately 260 acres of land generally located along Merle Road, north of Newell Street, X mile east of North Elk Run Road to allow for development of a 750 -megawatt coal-fired electric generation facility). Prior to a vote on the above motion, the following comments were heard. Mayor Hurley explained that the council held a public hearing on May 7, 2007, with at least five hours of comments and then the hearing was closed. The second and third readings do not necessarily call for a public hearing, but he has allowed and encouraged comment as appropriate at these times even when we are just taking up the second and third readings. Mayor Hurley commented that nobody wants to go through another three or four hours of comments or listen to things that have been said before. Mayor Hurley noted that a gentleman called the City Clerk's officer today at 4:45 p.m., when we were all in meetings in the council chambers, to register to speak, and out of courtesy he will acknowledge that person. Mayor Hurley commented that after that point, he only wants to invite people to the podium who have not addressed the council before on this matter, or who have something new to input that hasn't already been heard. Jim Hutcheon, 145 Derbyshire Road, commented he was frustrated two weeks ago. He wasn't frustrated because of what happened, but it is terribly frustrating to try to convince somebody in three minutes something that you believe in when you can't ask them any questions, they can't ask you any questions so it was very difficult. Mr. Hutcheon commented he was not going to try to convince anyone of anything today, but because they could not ask questions something was said two weeks ago that bothered him. May 21, 2007 Page 7 Ordinances to be Adopted continued Mr. Hutcheon noted he read the council minutes of May 7, 2007 and there was nothing in there about the point of question that he was concerned about. He was quite bothered by this and in watching the video tape, there was quite a loud acclamation from the entire audience at the time. He couldn't ask or question it, but he is disappointed that no member of the council questioned this statement. The statement was in regard to Mark Kresowik's poll that he claimed 80 percent of the people that he polled were against the LS Power plant. This was literally an unscientific and informal poll that he had taken, Councilman Schmitt objected to it and asked for the number of names on the petition that had been gathered against the power plant and the number of Waterloo residents were 1,463 signatures. At which time Councilperson Schmitt said there are 65,000 or whatever the population of Waterloo, that is hardly 80 percent. It is true it is not but that is comparing apples to oranges because a poll is not a petition. This was obviously set up with the feeling that there was something ... the support was not there for this opposition, and was disappointed that no one brought that up. He may have been making or misspoke about it, it was late and everybody was tired. Carrie LaSeur, a Mount Vernon resident and a member of the Iowa Bar, noted she is at this meeting at the request of the Waterloo residents who are members of Community Energy Solutions. Regarding the rezoning of the Newell Road site, it is her understanding that the annexation is not complete because the petition has not been submitted to the State's City Development Board as required by law where there is a non -consenting owner. It is also her understanding that the City of Waterloo has the authority to extend its zoning powers up to two miles outside the existing city limits. The city, therefore, has the power to rezone the site even without completing the annexation process; however, that statute that confers this power to extend beyond the city limits also requires certain actions of the city. Iowa Code Section 414.23 states in relevant part, "a municipality during the time its zoning jurisdiction is extended under this section shall increase the size of its Planning and Zoning Commission and its Board of Adjustment each by two members. The Planning and Zoning Commission shall include a member of the Board of Supervisors of the affected county or the Board's designee and a resident of the area outside the city limits over which the zoning jurisdiction is extended. The County Supervisor or the Board's designee and a resident shall serve the same terms of office and have the same rights, privileges and duties as other members of each of the bodies". Ms. LaSeur commented it is her understanding that these have not been met. Ms. LaSeur stated that on behalf of residents of Waterloo and of the area yet to be rezoned, she requests that the council refer this zoning proposal back to a properly constituted Planning and Zoning Commission, as required by Section 414.23 of the Iowa Code. Margaret Whiting, 1974 Caras Road, asked if the coal plant is built and it has to close before its life expectancy of about 40 years, who would be responsible for the dismantling of the plant and any cleanup costs associated with it. Would the City of Waterloo be responsible for these costs or would LS Power. Ms. Whiting commented she thinks that soon there will be a tax on energy sources that release carbon dioxide into the air. Since this coal plant does not use the coal gasification technology, the CO2 will go into the air. When it is taxed, this plant may not be competitive anymore. It would have to increase its rates considerably, some of the other energy sources might be much more competitive and this plant may have to close or it may be retrofitted for CO2 capture and storage. Ms. Whiting questioned if LS Power is able to retrofit it later, since they are not building the plant right now in their proposal for a CO2 capture and storage, then has anybody looked at the geology of this area to see if its even feasible to capture and store the CO2 in the ground in this area. Don Shatzer, 6515 Newell Street, commented he thinks the issue here is that council is going to go to the second reading tonight, will do the third reading and approve it also. But in the paper on Sunday Mayor Hurley did make a comment that this is a closed hearing and that people would not be allowed to make any comments and now here we are here tonight. Mayor Hurley bent the rules and is going to let some people make new comments as they pertain to this. Mr. Shatzer stated his feeling is that there would have been a lot more people here making comments had Mayor Hurley not made that statement. Mr. Shatzer suggested that council possibly go ahead and do the second reading tonight but put off the third reading until the next council meeting and retract the statement in the paper that people can comment on this issue. Schmitt/Gunderson that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. May 21, 2007 Ordinances to be Adopted continued Page 8 125390 Mayor Hurley noted there is a question from Margaret Whiting about the geology feasibility. Mayor Hurley commented that he talked some time ago to an expert at UNI, a geologist, and he said it was very feasible. Mayor Hurley commented that looking 40 years out, he doesn't know how to answer that question, but he thinks that had probably been asked and answered in the materials that would have been available for some time but it does call for some conjecture. Councilperson Schmitt stated he thinks Mayor Hurley was misquoted as far as this is not a hearing. Where is only one hearing on these readings and following the rules right on the front page of the agenda, it says that you may address any item on the agenda by stepping to the podium and being recognized. You were allowed that tonight, but it is not a hearing and we received and filed the oral comments. Mayor Hurley commented we do leave the citizens a little bit wondering at times in a matter like this, but Councilperson Schmitt is exactly right. Mayor Hurley noted his intentions were that we only have one hearing procedurally and we closed that hearing. Then we moved on and we made a mistake in our own process as we moved on, and that is why we are back where we are. Mayor Hurley commented that Ms. LaSeur contacted our city attorney, and he is trusting his advice on that. Mayor Hurley commented for right now we moved forward, we annexed provisionally and moved into the rezoning. Following comments a vote was taken on the original motion to receive, file, consider and pass for the second time with the following result. Ayes: Seven. Motion carried. 125391 - Schmitt/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspen4ed. Ayes: Seven. Motion carried. 125392 - Schmitt/Gunderson that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 391 to Section 2A-5, Rezoning Certain Property", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4868. 125393 - Schmitt/Gunderson that Ordinance No. 4867 be rescinded in its entirety. Ayes: Seven. Motion carried. 125394 Gunderson/Schmitt that "an Ordinance amending the 2003 Traffic Code by adding Subsection (13a) Ansborough Avenue and Olympic Drive to Section 540, Obedience to Official Traffic Control Devices (installation of traffic signals at the intersection of Ansborough Avenue and Olympic Drive)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 125395 - Gunderson/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 125396 - Gunderson/Schmitt that "an Ordinance amending the 2003 Traffic Code by adding Subsection (13a) Ansborough Avenue and Olympic Drive to Section 540, Obedience to Official Traffic Control Devices (installation of traffic signals at the intersection of Ansborough Avenue and Olympic Drive)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4869. • May 21, 2007 Page 9 NEW BUSINESS 125397 - Getty/Welper that communication from City Engineer transmitting request to send out notification to property owners of proposed sidewalk repairs and estimate of costs and setting date of hearing as June 11, 2007 at 5:30 p.m. in the City Hall Council Chambers on proposed repairs in conjunction with the Sidewalk Inspection and Repair Program - Zone 7, be received, placed on file and an "Resolution approving said request", adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2007-400. ORAL PRESENTATIONS 125398 Geraldine Thornsberry, 704 Sheridan Road, read a prepared statement which was presented to the City Clerk. Ms. Thornsberry commented should LS Power's application before the DNR and IUB be approved and before any final negotiations with the city be completed then: Issue 1. The proposed plant will use wastewater in unprecedented large volumes. Getting this wastewater to the plant requires construction of a new pipe line to carry recycled waste water between the treatment plant on Easton Avenue and the plant site. To build this new pipe line requires use of the public right-of-way. By definition, LS Power is not a utility, and, therefore, will the city treat LS Power as if it were a utility and enter into a franchise agreement with LS Power for its use of the public right-of-way? And will suchuse of the public right-of-way be subject to public hearing and public comment? Issue 2. The potential profits to be returned to the financial backers of the power plant over its expected 40 to 50 years of operations are mind boggling in their enormity. Notwithstanding the hyperbole contained in LS Power's very subjective "economic report" and the hoop -la expressed by this city's present administration, the monies to come to Waterloo are miniscule relative to the potential profits. Ms. Thornsberry commented that during Development Agreement negotiations that the city use professional contract negotiators as tough and hardened as those who will represent LS Power. The city negotiator must insist on robust compensation for the use of city right-of-ways, disturbance of city infrastructures, disruption of businesses, and for the real threat of increased pollution levels and health risks. Ms. Thornsberry stated that the minimum compensation in addition to the other contributions already offered by LS Power must be 1/3 of the plant's annual gross profits to create parity in this deal. Getty/Gunderson that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 125399 - Cole/Gunderson that the Council adjourn at 6:31 p.m. Ayes: Seven. Motion carried. Nancy ert, CMC City Clerk