HomeMy WebLinkAboutMinutes-04/28/2008• •
April 28, 2008
The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council
Chambers, Waterloo, Iowa, at 4:00 p.m., on Monday, April 28, 2008. Mayor Timothy J.
Hurley in the Chair. Roll Call: Cole, Getty, Greenwood, Steve Schmitt, Welper, Reggie
Schmitt. Absent: Hart.
Moment of Silence.
Pledge of Allegiance: Dennis Clark, General Manager of Waterloo Water Works.
126965 - Reggie Schmitt/Welper
that the Agenda, as amended, for the Regular Session on Monday, April 28, 2008,
at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Hart. Motion
carried.
126966 - Reggie Schmitt/Welper
that the Minutes, as proposed, for the Regular Session on Monday, April 21,
2008, at 4:00 p.m. and Special Session on Thursday, April 24, 2008, at 8:15
a.m., be accepted and approved. Ayes: Six. Absent: Hart. Motion carried.
CONSENT AGENDA
126967 Reggie Schmitt/Welper
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. 1-64, dated April 28, 2008, in
the amount of $2,843,749.77, 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. 2008-324.
2. Communication from City Engineer transmitting request of Bennie Owen for a
waiver for a concrete driveway to be located at 1532 Liberty Avenue,
together with recommendation of approval.
Resolution adopted and upon approval by Mayor assigned No. 2008-325.
3. Communication from City Engineer transmitting request of James Winder for
a waiver for a concrete driveway to be located at 1526 Liberty Avenue,
together with recommendation of approval.
Resolution adopted and upon approval by Mayor assigned No. 2008-326.
4. Communication from Police Chief transmitting request of Main Street
Waterloo to hold Cinco de Mayo event on May 3, 2008 from 3:00 p.m. to 9:30
p.m. and to close Bluff Street from 2:30 - 9:30 p.m. in the block of West
4th Street between LaPlacita Grocery Store and the underpass.
Resolution adopted and upon approval by Mayor assigned No. 2008-327.
b. Motion to approve the following:
1. Brad Walter and Dave Bovy, Police Officers, to attend Midwest Association
of Technical Accident Investigators Conference in Council Bluffs, Iowa on
May 4-7, 2008, with costs not to exceed $1,030.64, including use of city
vehicle.
2. Greg Erie, Police Officer; and Aaron McClelland, Police Sergeant; to
attend Taser Armorer Course in Des Moines, Iowa on May 7-8, 2008, with
costs not to exceed $780.00, including use of city vehicle.
3. Nancy Gulick, Community Development Coordinator, to attend Iowa Finance
Authority Housing Development Finance Professional Certification Program
in Des Moines, Iowa on May 19-23, 2008, with costs not to exceed $720.00,
including use of city vehicle, including use of city vehicle.
April 28, 2008 Page 2
Consent Agenda continued
c. Beer License Permit Application
Class B
Lost Island Waterpark, 2225 E. Shaulis Road (New) (5/1/08 - 11/1/08)
(Includes Sunday Sales)
Godfather Pizza, 3811 University Avenue (Renewal) (Expires 4/30/09) (Includes
Sunday Sales)
d. Beer/Wine Permit Application
Special Class C
Main Street Waterloo, Lincoln Park (New) (5/1/08 - 11/1/08)
e. Beer/Liquor License Permit Application
Class C
Flirt's Gentlemen's Club, 319 Jefferson Street (Renewal) (Expires 4/30/09)
(Includes Sunday Sales)
La Chiquita, Inc., 301 East 4th Street (New) (4/29/08-10/29/08) (Includes
Sunday Sales)
f. Outdoor Service Area Application
La Chiquita, 301 East 4th Street
Lost Island Waterpark, 2225 E. Shaulis Road
Main Street Waterloo, Lincoln Park
g. Outdoor Cafe Application
La Chiquita, 301 East 4th Street
h. Fireworks Display Application
Waterloo Bucks Baseball, 850 Park Road on June 20, 2008
i. Theater License Application
Crossroads 12 Theatre, 2450 Crossroads Boulevard
Mini Cinema 16, 315 E. 4th Street
Fantasy Island Amusement, 1850 W. Airline Hwy
Adult Emporium, 1507 LaPorte Road
j. Bonds.
Ayes: Six. Absent: Hart. Motion carried.
HEARINGS & BIDS
126968 - Getty/Cole
that proof of publication of notice of public hearing on F.Y. 2008 Sidewalk
Repair Program - Zone 8 and Trail Repairs, Contract No. 740, as published in the
Waterloo Courier on April 11, 2008, be received and placed on file. Ayes: Six.
Absent: Hart. Motion carried.
126969 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Welper
that the hearing be closed. Ayes: Six. Absent: Hart. Motion carried.
126970 Getty/Cole
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F Y. 2008 Sidewalk Repair Program - Zone 8 and Trail
Repairs, Contract No. 740", be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-328.
126971 - Getty/Cole
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-329.
• •
• •
April 28, 2008
Hearings & Bids continued
Page 3
126972 - Getty/Cole
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review:
Bidder Bid Bond Bid Amount
B & B Builders and Supply, Waterloo, IA 5% $61,445.68
Bentley Construction, Waterloo, IA 5% $64,749.95
Bowers Masonry, Inc., Waterloo, IA 5% $82,882.75
Matt Construction, Inc., Waterloo, IA 5% $79,349.64
Mike Dolan Concrete & Masonry, Inc., Waterloo, IA 5% $80,348.13
TI-ZACK Concrete, Inc., Le Center, MN 5% $88,941.50
DC Corp., Waterloo, IA $6,402.00 $128,039.42
T&J Construction, Waterloo, IA $3,444.43 $68,888.60
Ayes: Six. Absent: Hart. Motion carried.
126973 - Getty/Reggie Schmitt
that proof of publication of notice of public hearing on East Park Avenue
Parking Garage, as published in the Waterloo Courier on April 11, 2008, be
received and placed on file. Ayes: Six. Absent: Hart. Motion carried.
126974 This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Reggie Schmitt
that the hearing be closed. Ayes: Six. Absent: Hart. Motion carried.
126975 - Getty/Reggie Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with East Park Avenue Parking Garage", be adopted. Ayes:
Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-330.
126976 - Getty/Reggie Schmitt
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-331.
126977 - Getty/Reggie Schmitt
that the date of bid opening be moved to May 5, 2008 at 5:30 p.m. in the City
Hall Council Chambers. Ayes: Six. Absent: Hart. Motion carried.
HEARINGS
126978 Welper/Steve Schmitt
that proof of publication of notice of public hearing on request of Rosalie
Fischels to sell and convey a portion of vacated alley generally located
adjacent to 432 James Street for $70.00, as published in the Waterloo Courier on
April 11, 2008, be received and placed on file. Ayes: Six. Absent: Hart.
Motion carried.
126979 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Welper/Steve Schmitt
that the hearing be closed. Ayes: Six. Absent: Hart. Motion carried.
April 28, 2008
Hearings continued
Page 4
126980 - Welper/Steve Schmitt
that "Resolution authorizing said sale and conveyance", be adopted and City
Attorney instructed to prepare and deliver deed accordingly. Ayes: Six.
Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-332.
UNFINISHED BUSINESS
126981 Reggie Schmitt/Cole
that communication from Leisure Services Facilities Manager transmitting
recommendation of award of contract to B & B Lawn Care, Inc. of Waterloo, Iowa
at $46.48 per acre for Option A, $46.48 per acre for Option B, $37.24 per acre
for Option C, $48.00 per hour for Option D and $65.00 per acre for Option E in
conjunction with 2008 Right -of -Way Mowing, be received, placed on file and
"Resolution approving award of said contract", be adopted. Ayes: Six. Absent:
Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-333.
DOCUMENTS
126982 - Reggie Schmitt/Cole
that communication from Associate Engineer transmitting Change Order for a net
increase in the amount of $23,683.00 for work performed by Cedar Valley
Corporation of Waterloo, Iowa in conjunction with F.Y. 2007 Recreational Trail -
Cedar Bend Park to Mullan Avenue, Contract No. 714, be received, placed on file
and approved and Mayor authorized to execute same. Ayes: Six. Absent: Hart.
Motion carried.
126983 - Reggie Schmitt/Cole
that communication from Airport Director transmitting lease agreement with
Mobile Money, Inc. at a cost of $150.00 per month for the period of November 15,
2007 - November 14, 2008 to provide an ATM machine at the Airport, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-334.
126984 Reggie Schmitt/Cole
that communication from Associate Engineer transmitting Memorandum of Agreement
with FHWA, IDOT, and Iowa State Historic Preservation Office for treatment of
houses located at 1252 and 1302 Logan Avenue, be received, placed on file and
"Resolution approving said memorandum of 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.
Mayor Hurley noted that he visited with Steve Kessell, the owner of property
located at 1252 Logan Avenue. Mr. Kessell was upset that he has not received
notice that the city will be purchasing his property.
Eric Thorson, City Engineer, reported that the city is not committing any money
at this time. This memorandum of understanding is part of the U.S. Highway 63
project and deals with treatment of project eligibility for historic and Iowa
DOT purposes. Certain procedures and process will be followed. The city will
attempt to find someone to move the buildings, with first option to the present
owners. If no one is interested in moving the buildings, then certain
procedures are followed for documentation prior to demolition.
Mayor Hurley asked if we are far enough in the process that we have identified
addresses affected by the project. Bob Lentz, of Earth Tech, responded that in
most cases the properties have been approved by the IDOT and the city. In most
cases, the right-of-way is so tight, we will be purchasing entire properties.
The city and the IDOT, in partnership, would be required to follow through the
documentation requirements, at no cost to the current owners.
Mr. Thorson noted that all are eligible for federal funding and we are looking
for matching funds from the IDOT.
• •
1 •
April 28, 2008
Documents continued
Mayor Hurley noted that Mr. Kessell was alarmed because they were waiting to
hear whether or not his property would be purchased. Mayor Hurley explained
that there have been a number of meetings and articles in the newspaper, but it
may be time to contact all the property owners and bring them up to date.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Hart.
Page 5
Resolution adopted and upon approval by Mayor assigned No. 2008-335.
126985 - Reggie Schmitt/Cole
that communication from City Planner transmitting Preliminary Plat of Southland
Park 5th Addition, together with staff report, aerial photo and preliminary plat,
be received, placed on file and "Resolution approving said preliminary plat", be
adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-336.
126986 - Steve Schmitt/Welper
that communication from Community Planning & Development Director transmitting
Final Plat of Techworks Addition, together with staff report, aerial photo,
final plat and Report of City Engineer, be received, placed on file and
"Resolution approving said final plat", be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-337.
126987 - Steve Schmitt/Welper
that communication from Associate Engineer transmitting final breakdown of
construction costs for a final contract amount of $3,005,419.51 in conjunction
with F.Y. 2006 U.S. 20/Ansborough Avenue Interchange Project, Contract No. 667,
be received, placed on file and approved and Mayor authorized to execute same.
Ayes: Six. Absent: Hart. Motion carried.
126988 - Steve Schmitt/Welper
that communication from Community Planning & Development Director transmitting
Property Access. Agreement for property located at 108 Commercial Street for
environmental site assessment as part of the Brownfield Redevelopment Program in
the downtown, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor and City Clerk authorized to execute same.
Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-338.
126989 Steve Schmitt/Welper
that communication from Assistant City Attorney transmitting
Acknowledgement/Settlement Agreement in the amount of $300.00 with Hy -Vee Gas,
1512, Flammang Drive, for sale of tobacco, tobacco products or cigarettes to any
person under eighteen years of age, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor and City Clerk authorized to
execute same. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-339.
RESOLUTIONS TO BE ADOPTED
126990 - Steve Schmitt/Welper
that approve communication from City Engineer transmitting request of Grout
Museum District to extend the closure of West Park Avenue from Washington Street
to South Street during construction for the Sullivan Brothers Iowa Veterans
Museum for two more months, beginning May 1, 2008, be received, placed on file
and "Resolution approving said request", be adopted. Ayes: Six. Absent:
Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-340.
April 28, 2008
Resolutions to be Adopted continued
Page 6
126991 - Steve Schmitt/Welper
that communication from Community Planning & Development Director transmitting
request to accept and approve acquisition of property generally located at 133
Argyle Street, as granted by court order pursuant to Section 657A of the Iowa
Code, be received, placed on file and "Resolution approving acquisition of said
property", be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-341.
NEW BUSINESS
126992 - Greenwood/Steve Schmitt
that communication from Superintendent of Streets requesting authorization to
seek quotes for various asphalt emulsions/bituminous products needed for the
upcoming oiling, seal coating, chip sealing, fog sealing and crack sealing
programs, be received, placed on file and "Resolution approving said request",
be adopted.
Prior to a vote on the above motion the following comments were heard.
Councilperson Steve Schmitt inquired about US 63 and the viaduct. Mayor Hurley
noted that the Waterloo Water Works investigated, and there was no evidence of a
leak. There have been conversations with the Iowa DOT who is responsible for US
63. The IDOT is looking at special patching mix which is tolerant of water.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-342.
126993 - Greenwood/Steve Schmitt
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2006 Donald Street Trail, Contract No. 700, be
received, placed on file and approved. Ayes: Six. Absent: Hart. Motion
carried.
126994 - Greenwood/Steve Schmitt
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2006
Donald Street Trail, Contract No. 700, be received and placed on file. Ayes:
Six. Absent: Hart. Motion carried.
126995 - Greenwood/Steve Schmitt
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-343.
126996 - Greenwood/Steve Schmitt
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as May 19, 2008 at 5:30 p.m. at Veterans Memorial Hall on the
above described project", be adopted and City Clerk instructed to publish notice
of same. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-344.
126997 - Cole/Reggie Schmitt
that communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $2,280.00 for work performed by the Water Works
at 526 Center Street, together with recommendation of approval of Waterloo Water
Works Board of Trustees, be received, placed on file and "Resolution approving
said request", be adopted and City Clerk instructed to notify Black Hawk County
Treasurer of same. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-345.
• •
• •
April 28, 2008
ORAL PRESENTATIONS
126998 David Meeks, Director of Waterloo Human Rights Commission, invited everyone to
attend the Commission on Human Rights Fair Housing Forum on Wednesday, April 30,
2008 from 6:00 to 8:00 p.m. at the Center For The Arts.
Page 7
Getty/Steve Schmitt
that the above oral comments be received and placed on file. Ayes: Six.
Absent: Hart. Motion carried.
126999 - Getty/Reggie Schmitt
that the council recess at 4:35 p.m. and reconvene at 5:30 p.m. on Monday, April
28, 2008, at City Hall Council Chambers for the hearings on the annexation and
rezoning request of Elk Run Energy Associates, LLC. Ayes: Six. Absent: Hart.
Motion carried.
The Council of the City of Waterloo, Iowa reconvened at City Hall Council Chambers,
Waterloo, Iowa, at 5:30 p.m. on Monday, April 28, 2008. Mayor Timothy J. Hurley in the
Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt.
HEARINGS
127000 Reggie Schmitt/Greenwood
that proof of publication of notice of public hearing on request of Elk Run
Energy Associates, LLC on behalf of property owners for a voluntary annexation
of approximately 346.61 acres of property generally located along Merle Road,
north of Newell Street, X mile east of N. Elk Run Road for purpose of
constructing a 750 -megawatt coal-fired electric generation facility and rescind
Resolution No. 2007-332 in its entirety, as published in the Waterloo Courier on
April 11, 2008, be received and placed on file. Ayes: Seven. Motion carried.
127001 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Nancy Eckert, City Clerk, reported that numerous letters and e-mails from
persons and organizations in favor and opposition and documents that were
received at the Planning, Programming and Zoning Commission hearing are on file
in the City Clerk's office.
Councilpersons Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper and Reggie
Schmitt reported on any ex parte communications/meetings regarding the
annexation and rezoning request from Elk Run Energy Associates, LLC.
Council Members discussed disclosure of campaign contributions from
organizations or individuals who are proponents or opponents of the Elk Run
Energy Associates, LLC project. Jim Walsh, City Attorney, noted that disclosure
of campaign contributions are a matter of individual decision, and that maybe
you wouldn't know at the time of the contribution if an individual was for or
against this project, but if a known organization contributed, you probably
should disclose. Councilperson Hart noted he received $100.00 campaign donation
when he was not in office.
Mayor Hurley reported his communications/meetings, articles, phone calls
regarding the annexation and rezoning request from Elk Run Energy Associates,
LLC.
Mark Milburn, Elk Run Energy Associates Project Developer, reported they are a
part of Dynegy and noted that the company has projects underway in Arkansas,
Texas, Georgia and Nevada. Mr. Milburn noted that they have pledged funding for
UNI for students within Black Hawk County, KBBG, and the eastside redevelopment,
all exceeding $1 million.
Daniel Hennen, Elk Run Energy Associates Corporate Counsel, reviewed the
annexation and rezoning request. Mr. Hennen noted that the annexation request a
year ago was not 100 percent voluntary as this request, and the city needed
approval of the City Development Board, with the Board denying the annexation on
the grounds the areas included without consent of the landowners did not avoid
the creation of an island or create more uniform boundaries. Mr. Hennen noted
tonight's annexation request is 100 percent voluntary, and if council approves
the annexation there will not be a need for further approval. Mr. Hennen noted
there is no legal requirement to build within the city limits, and that they
based their decision on a number of services only the city could provide. They
will need infrastructure such as utilities, police and fire protection. In
addition, they want to use the skilled labor force in the city.
April 28, 2008
Page 8
Hearings continued
Mr. Hennen noted if Elk Run Energy does not build in the city, the tax base will
go elsewhere.
Nadza Jusufovic, Project Engineer, noted the 750 -megawatt coal-fired electric
generation facility will produce enough electricity annually to accommodate the
needs of approximately 500,000 homes. Construction on the plant could begin as
early as 2009 and last four and five years and deliver electricity as early as
2013. Ms. Jusufovic noted this site was selected because it met the resources
and infrastructure needed such as water, rail, and solid waste facility. This
project will bring more than $1 billion capital investment and support on
economy. Ms. Jusufovic noted that the Greater Cedar Valley Alliance
commissioned a study to evaluate the economic impacts on the Cedar Valley on the
proposed plant, including Grundy, Bremer and Black Hawk Counties. The study
included short-term impact during the construction period and the long-term
impact during the facility's operational years. The total local economic impact
during construction is estimated at $271 million, and the overall expected labor
income during construction is $210 million. The construction period will
provide 1,500 jobs, and 100 full-time jobs once in operation. The study
indicates the project will be responsible for creating at least 331 new jobs in
the area. Elk Run Energy will pay over $3 million in annual replacement
generation tax revenues to the state and local jurisdictions.
Bryan Rushing, Manager, Power Origination, reported that the site was selected
because of its regional local growth and strong local infrastructure. They will
be selling power to wholesale customers in the state, municipalities and rural
co-ops. In three years, they have signed three letters of intents and have
verbal commitments for a total of 500 megawatts. Mr. Rushing noted that Resale
Power Group, representing 29 municipal electric utilities, have come forward.
David Wilson, Environmental Engineer, reported Elk Run Energy Associates will
undergo extensive regulatory oversight by state and federal authorities,
including the Iowa Department of Natural Resources, Iowa Utilities Board, U.S.
Environmental Protection Agency and U.S. Army Corps of Engineers. The plant
will comply with all federal laws, including the Clear Air Act, and the Clean
Water Act. Mr. Wilson reviewed the environmental and emissions aspects of the
proposed plant. The plant is designed to burn up to 10 percent biomass, and
they have committed $400,000 for biomass research by the University of Northern
Iowa to help identify an economically viable solution. The plant will use
available effluent from the water pollution control facility. The effluent is
currently treated and discharged to the Cedar River. Elk Run Energy will use
the treated effluent for use in the facility's cooling tower and emission
control systems. Mr. Wilson explained their stormwater pollution prevention
plans. Mr. Wilson explained that coal combustion by products are non -hazardous
and it will be sent to the quarry, which can be used as reclaimed space for
greenspace and recreation. This beneficial use is regulated by the Iowa
Department of Natural Resources. Mr. Wilson explained the practice to protect
groundwater, and he noted that the plant will be clean and safe for the public
health.
Craig Ritland explained the land use related to the site. The plan includes
wetlands restoration to mange water levels and enhance habitat, windbreaks to
help control erosion. They will use agricultural, grass land management, and
native prairie and native hardwoods in conjunction with agriculture and
industrial use. Recreational use includes a multi -use recreational trail on the
site.
Bob Lantz, Earth Tech, explained the Transportation Study prepared by Earth Tech
to evaluate traffic that would be generated from the site. During the
construction phase, the majority of traffic will come from the up to 1,200
employees, and up to 30 trucks per day. Employees come from various locations.
Newell Street between Elk Run Road and the plant would need to be upgraded.
During the operational phase, employee traffic would be less in number than
during the construction phase. Approximately 33 trucks per day will go the
quarry. The recommended truck route will be to use existing streets and
roadways currently used as truck routes and to use state highways when possible.
The truck routes will not pass through downtown Waterloo or residential streets
west of Elk Run Road.
Mr. Lantz explained that coal will be delivered to the plant by rail, with an
average of one train in and one out every two days. The existing tracks carry
eight trains per day. The railroad company said the trains operate at 10 mph
coming into town and the route to reach the plant would not require stopping or
switching so the railroad crossings should be blocked for about nine minutes.
• •
• •
April 28, 2008
Earth Tech met with 18 representatives from the police and fire departments, MET
Transit and the schools who provided information on blocked railroad crossings.
The City of Waterloo has fire stations on both side of the railroad tracks, and
the Police Department has units on streets on either side of the tracks.
Blocked railroad crossings could result in more frequent delays for school buses
and could affect the scheduled school bus routes. The proposed use of biomass
fuels could add an estimated 50 trucks loads delivered to and from the plant
each day. The following mitigation measures were recommended: improve Newell
Street, not allow truck traffic on Newell Street during construction, use
designated routes, use covered or enclosed trucks, contract outgoing trains so
they are not sent out during peak times. Mr. Lantz noted that LS Power has
committed to accepting these mitigations.
Page 9
Doug Shindel of Earth Tech explained the stormwater analysis and drainage. The
planting of prairie grass and use of wetlands will help reduce runoff.
Construction of detention basis will reduce runoff conditions for the 100 -year
rainfall event to 2 -year pre -development condition.
Mark Milburn noted that Elk Run Energy has agreed to all mitigation and
upgrades. The project will undergo extensive oversight ensuring that the site
is safe for the neighbors and employees. Mr. Milburn noted that they have
letters of support from the Greater Cedar Valley Alliance, INRCOG, Waterloo
Building Trades, Chambers of Commerce, Waterloo Industrial Development
Association, Waterloo Development Corporation and Resale Power Group of Iowa.
Tom Huff, 707 Hall Avenue, noted the question has been asked why don't we go
after Cedar Falls, but they would need a suitable replacement. Cedar Falls
already has an outside provider. Mr. Huff noted he tried to contact LS Power to
discuss potential carbons and he got two no answers. He does not expect LS
Power to buy Cedar Falls out or expect Cedar Falls to slow down. Mr. Hull noted
there have been violations of the open meetings law, unresolved railroad issue,
waste disposal concerns, concerns with neighboring community, and they could
contract with an outside contractor. Mr. Huff noted LS Power has sold every
project up to 2006.
Don Shatzer, 6515 Newell Street and Vice President of Community Energy
Solutions, spoke in opposition to the annexation and rezoning requests. This
land is out of the city limits and should not be considered smart growth, its
flag pole annexation, and its not in the Waterloo School District. This is
rated as prime farm land with a CSR rating of 78. Mr. Shatzer noted 10 percent
of jobs in Black Hawk County are agricultural related. Mr. Shatzer noted this
would be a classic example of urban sprawl and asked the council to reject this
request and be good stewards of the land. Mr. Shatzer submitted written
comments regarding petition from Jena Linderman.
Michaela Fishback, 1318 West 2nd Street and a 4th Grader, commented that her Mom
has asthma. Ms. Fishback commented she doesn't understand why we are not going
with wind farms which are cheaper, cleaner and produce more energy. Ms.
Fishback noted she is worried when the plant is built, more African Americans
will get asthma. Ms. Fishback commented she feels there should laws against
coal plants, and where the plant is going to be located will mean less crops.
Ms. Fishback noted she has a friend on her soccer team who has asthma and she
gets pulled out of the game a lot.
Mike Mallaro, 1111 San Marnan Drive, noted he works in Waterloo and lives in
Cedar Falls and lives two miles from two power plants. There is no outcry in
Cedar Falls, no public outrage, but they are the envy of the state. Mr. Mallaro
noted he had a chance to visit the Alliant Coal Plant in Ottumwa, and he was
hard pressed to find anyone who would say anything negative about it. The
Council Bluff plant is a busy economic area, with housing and community fastest
growing in the state. Mr. Mallaro noted this is a great project for Waterloo,
and there will always be a small group who oppose.
Darin Beck, 209 N. Roosevelt Street, Cedar Falls, spoke in support of the plant.
Mr. Beck noted the cost of gas keeps going up and nothing is being done to lower
our dependency and something could happen as its all about supply and demand.
Neither the Republicans nor the Democrats have done anything. This plant is a
rare opportunity to have a say in our future. Mr. Beck noted to attract
companies, we will need electricity, and the closer you are to the supply, the
lower the cost. Mr. Beck noted he does not believe this is a city issue, but a
Washington DC issue. Mr. Beck commented that supporting the plant means jobs
and dollars.
Lyle Taylor, Hudson, noted he supports the project mainly because of what it
will do for us in times of shortage. Mr. Taylor thanked the LS Power group for
April 28, 2008 Page 10
how quickly they got him answers about service and new things coming on the
market. Mr. Taylor noted this project will become a community project.
Mr. Taylor noted that in five years we will have surplus labor so we need to
find plants so they can be permanent employees. We have an opportunity to
prepare for that, build homes and train workers.
Wally Taylor, Attorney for Iowa Chapter of the Sierra Club, submitted 18 pages
of written statements. Mr. Taylor noted Iowa Code Section 414.3 requires that
zoning issues be made in accordance with a comprehensive plan. A few years ago,
the Supreme Court held that a rezoning proceeding is a quasi-judicial process,
which means the decision by the council must be based on substantial evidence.
Elk Run has the burden of proof to show that the proposed rezoning satisfies the
statutory requirements. Mr. Taylor noted that according to the statutory
criteria applied to this request, the rezoning cannot be in conformance with the
city's comprehensive plan because the land being zoned has not been in the city.
Mr. Taylor noted this is good agricultural land with a high CSR. Mr. Taylor
noted this is not efficient urban redevelopment, but leap frog rezoning. Mr.
Taylor noted there are health and general welfare issues.
Cathy DeSoto, 205 Prospect Avenue, submitted an e-mail from Councilperson Cole
saying that the scientific information does not pertain to the annexation and
rezoning issues, an e-mail from Jim Walsh regarding his advice to the city
council, correspondence from the Environmental Protection Agency, an article
from Science Daily, excerpts from the National Academy of Science about the
health effects from coal fired power plants. Dr. DeSoto noted that that the
idea that the city council should not consider the health effects but leave to
the DNR surprises her because she feels the city council is to look at what's
best for citizens. The DNR is to consider whether the applicant meets the
requirements. Ms. DeSoto noted that Ordinance No. 2479 states the purpose of
the zoning ordinance. Ms. DeSoto noted that a letter to the editor says there
are no health effective from living next to a coal plant.
Margaret Whiting, 1974 Caras Road, noted that the Planning, Programming and
Zoning decision must consider the health and welfare of the citizens. Mr.
Whiting noted that particulate matter PM2.5 emissions are released from the
smokestacks. This particulate matter cause pre -mature births and other health
effects. Ms. Whiting noted that LS Power did not include particulate matters.
Ms. Whiting presented charts regarding ambient air quality standards. Ms.
Whiting noted that the alarming thing is we have already exceeded allowed levels
by the EPA. On February 24, we were over the maximum and twice in 2007 we were
in violation. Ms. Whiting commented that Waterloo could be in violation of the
EPA standards if the coal plant is built and that could stunt further economic
development. Ms. Whiting explained a chart showing CO2 prices versus coal. Ms.
Whiting noted that CO2 prices make wind cheaper than coal.
Tom Penaluna, Cedar Falls, noted that he spends the majority of his working
hours in Waterloo. Mr. Penaluna read a resolution adopted by Waterloo
Industrial Development Association in support of the coal plant. Mr. Penaluna
commented that Elk Run Energy will bring improvements to our quality of life,
and he supports the plant.
Mark Kittrell, Cedar Falls resident and Vice Chair of the Greater Cedar Valley
Alliance and Techworks, noted that they are large power user and support this
project. Mr. Kittrell noted he heard a lot of pros and cons, had a lot of
conversations and attended meetings. Mr. Kittrell explained he supports this
project because Waterloo and Cedar Falls need this project, that no growth comes
without issues, that the developer has done a terrific job, they are all good
corporation. Mr. Kittrell noted he feels coal is the best solution.
Hugh Field, Past President of Waterloo Industrial Development Association and a
member of the Greater Cedar Valley Alliance, spoke in favor of the plant. Mr.
Field noted he has given contributions to several of the campaigns. Mr. Field
noted that Louis Beecher obtained the site for John Deere, he was city attorney
when Eagle Tannery and IBP facilities went in. This is an industrial area and
it is the city's plan to locate industry in this part of the town.
A representative from Elk Run Energy noted that she does not know of anyone here
who is a scientist or physicist. There is a group in the state who will exam
and decide if the application meets the standards. There are people who will
look at this and she urged everyone to listen to them.
Dave Wilson responded that regarding particulate matter LS Power will be
required to show that they won't contribute to that.
The council recessed at 7:35 p.m.
• •
• •
April 28, 2008
Hearings continued
The council reconvened at 7:45 p.m. with all council members present.
Dr. Linda Huss, 6411 Newell Street, noted she opposes the plant as evidence is
overwhelming about the particulate matters which cause strokes, asthma, and
cardio diseases. The Black Hawk County Board of Health has recommended a
moratorium be placed on coal plants. Dr. Huss asked the council to use the
experts in their community. Dr. Huss noted that LS Power is building one in
Texas. There is an expected mortality of 13 people per year. Dr. Huss asked
the council to either deny or table the request.
Page 11
Jeri Thornsberry, 704 Sheridan Road, commented that this petition is not in
accordance with the principles of responsible municipal planning as set forth in
both City Code Section 2-1-4 and Iowa Code Section 414. Both sections require
responsible action by the council to protect the health, welfare and safety of
every citizen. Ms. Thornsberry noted that completing a cost benefit analysis
coupled with a risk assessment of future liabilities is standard practice for
any large project - private or government. Ms. Thornsberry asked why has the
council not directed staff to complete such an analysis. Ms. Thornsberry noted
that not evaluating potential expenses and future liabilities is failing to
perform due diligence. Ms. Thornsberry asked why is there no
performance/assurance bond required. LS Power's obligations are measured by
"good faith" and terms at the "sole discretion" for using methane gas, waste
water, biomass fuels and conservation methods. Ms. Thornsberry asked how is a
contractual agreement containing such open-ended, non-specific statements with
no firm obligation to perform in the best interest of the citizens of Waterloo.
Ms. Thornsberry noted that LS Power has had meetings with the Technical Review
Committee, members of the Planning & Zoning Commission, Mayor Hurley and staff
giving an advantage to LS Power. Ms. Thornsberry asked council if they will
have questions of LS Power or will they follow the lead of the Planning,
Programming and Zoning Commission and not ask one question.
Betty Sadler, 2620 Crain Creek Road, noted that Section 4.8 of the
Transportation Study in the Development Agreement says the Developer agrees to
use commercially reasonable efforts to employ all of the recommended mitigation
measures identified in the Transportation Study with the intent of minimizing
adverse impacts to the local community. Ms. Sadler noted that "commercially
reasonable" means that LS Power does not have to comply with the Transportation
Study 100 percent, but only has to do their best as any other business would do.
There may be factors beyond LS Power's control. The city negotiated if Elk Run
Energy deems that the mitigation criteria becomes too expensive the Development
Agreement can be reopened to negotiations. Since there is no municipal planning
to bring 346 acres of farm land into the city, Ms. Sadler asked how can the
public be assured that the council will hold the best interests of its citizens
foremost in any negotiations. Ms. Sadler noted she is perplexed about the green
office complex proposed near Tower Park in Sunday's paper. The developer wants
to offer various forms of alternative energy, and she asked why does that side
of town get the green project and the east side gets the dirty heath threatening
project.
Bryan Burton, Greater Cedar Valley Chamber of Commerce, noted he wanted to go on
record to support this project and he urged the council to approve this request.
Mr. Burton noted he attended many meetings and met with LS Power and he
personally supports this project.
Jared Bauch, 902 Mill Street, Traer, Iowa, noted he is concerned about the
impact on his community because of wholesale purchase of electricity. They are
a part of the Resale Power Group of Iowa (RPGI) and can't get supply of two
years and it is at a high rate. Mr. Bauch noted he is very interested in having
this plant built because they want to have another buyer to go to. Mr. Bauch
noted that Alliant Energy was quoted in the Des Moines Register that they pass
on their costs to their customers. For Alliant and Traer, the irregular or
unsure costs makes it hard to budget. Mr. Bauch noted that solar and wind mills
are good, but are they ready to supply all our needs. Mr. Bauch noted that
regarding the health issues that if the plant is not built, the high cost for
energy will increase the health costs.
Dan Sabin, President of Iowa Northern Railroad, noted his company would be
operating the lines that the coal trains would be using. Mr. Sabin noted that
they care about the efficiencies of the trains. Once this is approved, they
will work closely with the city as a community and with LS Power to mitigate any
concerns about rail and do everything they can as a good neighbor to do the job
right.
Jo Martin, 525 Sheridan Road, noted she does not feel annexation for a coal
plant is in the best interest of the citizens. Ms. Martin noted that LS Power
April 28, 2008
Page 12
is rushing to build this plant before more stringent regulations are passed, and
LS Power hopes to be exempt from new regulations.
Ms. Martin noted that the Black Hawk County Engineer estimated it would cost $15
million for roads and drainage, and it will cost $10.5 million to improve Newell
Street. Waterloo will receive $1,190,000 replacement taxes. Ms. Martin asked
do we want a coal plant for economic reason but environmentally unsafe.
Renata Sack, 414 Sunset Road, noted that a coal plant will have a long-term
impact and will threaten our quality of life for years to come. Ms. Sack noted
that the data given to council by representatives of LS Power promises state -of -
the -arts, non-polluting, quality of life enhancing assurance that suggest that
this plant would not harm this environment or our quality of life. Ms. Sack
noted that even though this plant would be less polluting than plants of its
kind built 30 years ago, this 750 megawatt plant would still emit hundreds of
pounds of mercury, large amounts of PM 2.5 and millions of tons of CO2 in
addition to other heavy metals toxic to the environment. Ms. Sack noted that
the Black Hawk County Board of Health asked for a moratorium on building of coal
plants. Particulate matters are serious to our health. Ms. Sack noted that the
PM 2.5 counts already exceeded permitted levels in Waterloo on February 24,
2008, as measured at the Grout Museum. Ms. Sack noted that the federal
government will regulate carbon dioxide in the next few years, the cost of
electricity from coal will rise sharply and electricity produced from wind and
sun will become cost attractive. Ms. Sack asked the council to listen to facts
and consider voting no.
Joan Webster-Vore, 202 Bonnie Boulevard, Hudson, noted this area is not in the
city's comprehensive plan. Ms. Webster-Vore discussed the effects of global
warming. Ms. Webster-Vore noted that municipalities and states are increasingly
regulating coal plants. Ms. Webster-Vore noted that in 2007, 59 coal plants
were put on hold, three were LS Power plants. Ms. Webster-Vore noted that the
trends is renewable energy.
Kris Stubbs, representing Resale Power Group of Iowa, noted that RPGI purchases
electric energy, capacity, and transmission services as an agent for and on
behalf of its members, most of which are municipally -owned. RPGI acquires
electric energy use in its participant's communities through purchased power
agreements from suppliers in the upper Midwest. Currently, most of that energy
is generated in central and southern Illinois. RPGI seeks long-term, dependable
and economically -delivered electric power sources for its members. Ms. Stubbs
noted that dependable coal-fired base load electric generation plants are
imperative for any economically efficient mix of power supply sources in the
upper Midwest. Ms. Stubbs noted that with the aging fleet of coal-fired units,
the uncertain future of Iowa's only nuclear -powered generation plant and the
less -than -certain capability of wind systems to operate continuously, it is
imperative that efficient new coal-fired generation plants be built in Iowa
giving more choices. Ms. Stubb noted that the RPGI Board strongly supports the
construction and operation of the planned new coal -fire based load electric
generating unit at the Waterloo site. Ms Stubbs submitted letters of support
from Hopkinton Municipal Utilities, City of West Liberty, Buchanan County
Economic Development Commission, City of New Hampton, City of Traer, Mount
Pleasant Municipal Utilities, Vinton Municipal Electric Utility and the City of
Waverly.
Steve Dust, 10 West 4th Street and the Greater Cedar Valley Alliance, encouraged
the council to vote yes. Mr. Dust noted it is not unusual to annex land for
developers. Mr. Dust noted Waterloo is ready and invested heavily in the
northeast site, and that Elk Run is a logical next step in the growth of this
heavy industrial area. The economic benefits from this project are significant,
and tax revenues are impressive approaching $1 million. Mr. Dust noted that
economic growth requires energy and to attract business, we need adequate
electricity. Mr. Dust noted the plant is a good addition to the Cedar Valley
and he asked the council for approval.
Joe Vich, 1525 Olympic Drive, noted the Cedar Valley has been on a roll, drive
around and look at what we have accomplished in the past ten years. Mr. Vich
noted that we had a hiccup with Mansanto and we can't afford to do that again,
and that projects like this don't come often. This plant would be the single,
largest economic development in our history. Mr. Vich noted that LS Power years
ago came to Waterloo to talk about bringing this plant here, they have been
committed since day one and responsive to questions. Mr. Vich noted those
opposed are rightly concerned and need to be answered at the appropriate time
and with the appropriate group. Mr. Vich urged the council to vote yes.
Pam Echeverria, 4213 Cherrywood, Cedar Falls, noted that the African-American
Study released last week raises questions for anyone considering building a coal
• •
April 28, 2008
Page 15
Hearings continued
Ms. Jensen asked how many of the council lives by the coal plant, and commented
that it bothers those in the surrounding areas that they were not given any
consideration.
A resident of Cedar Falls commented that to vote for the plant a person would
have to hide from the heath dangers. The council could put health danger in the
shadow of economic development or tell themselves that some other body will
decide the health issues.
Numerous members of the Iowa Building Trades Council AFL-CIO spoke in support of
the project citing the 1,000 construction jobs over four years, over 100
permanent jobs, the good wages and benefits.
Kathy Engels read and submitted an article from the Tampa Tribune. Ms. Engels
noted she hopes this fails as she does not want to see children become sick.
Ms. Engels commented that the revenues will need to overcome the health
problems. Ms. Engels noted that Mr. Milburne said his wife and children are
sick with asthma living next to a coal plant. Ms. Engels noted that there were
a room full of experts at this meeting who were not paid to be here.
The resident at 1116 West 5th Street commented that Elk Run said that the fly ash
is not big deal but it could reach the groundwater, and he is concerned because
he doesn't want to drink mercury. He was concerned that this request seemed to
be sailing through. He noted he did not want to live in Waterloo if the power
plant is built, that he would sell his house and pay taxes where there is no
plant. He commented that if the council votes yes, he hopes someone will run
against them. He commented that it seems unfair to him that Elk Run gets to get
up and rebuttal.
Jana Linderman, attorney for Community Energy Solutions, noted there have been a
lot of comments about the jurisdiction of the Iowa DNR. The Iowa DNR has the
jurisdiction to issue air permits and to issue discharge permits. Ms. Linderman
noted that the Utility Board sets rates and makes sure the electricity meets its
need. Ms. Linderman noted that the basic responsibility of any government is to
protect the public health and welfare. The council has the obligation to be
aware of and to give due consideration to the environmental and health impact of
any development proposal. Ms. Linderman noted that Council Bluff is part of the
MidAmerican system. Ms. Linderman noted that the environmental person for Elk
Run said that coal combustion is not hazardous, but it is in fact highly
contagious. Ms. Linderman noted that the council's obligation is not to ensure
a utility but to protects its citizens.
Michael Blackwell noted that the Project For The Beloved Community opposes the
coal plant. Research shows that such plants are the primary industrial source
of air pollution in the country. The proposed location of the plant mirrors the
environmental injustice that plagues African-American neighborhoods all over the
United States. Racial and ethnic minorities have a deplorable lack of access to
quality healthcare. Mr. Blackwell noted that the disproportionate number of
Blacks affected with asthma and other respiratory ailments along with
cardiovascular diseases can be tracked to pollutants from power plants. Mr.
Blackwell noted that particulate matters are inhaled into the lungs putting the
elderly and children at risk. Mr. Blackwell noted that all populations are
vulnerable to carbon dioxide which is generated when coal is burning. Mr.
Blackwell noted that existing clean air and water acts are insufficient as they
do not require the necessary reduction of the pollutants. The Environmental
Protection Agency is not able to handle the current crisis related to industrial
facilities illegally pouring pollutants into our air and water. That is why
many cities around the country are placing moratoriums on new power plants. Mr.
Blackwell noted they are opposed to the proposed plant, and he urged the council
to strike down any proposal to build such a facility which would be a morally
right decision on behalf of the children.
Mark White, 625 Stephan Avenue, noted that there are no guarantees the unions
will get the jobs. He noted that billions of dollars of raw material will be
shipped into Waterloo. Mr. White noted the other day he decided to clean out
his garage and a week later he received a note from the city that he should put
dust making material in a separate carton as it contaminates the rest of the
garbage. Mr. White feels that the dust comes from coal producing plant in Cedar
Falls, and construction from around town. He asked what provisions are being
made when train and trucks come to town.
Ruth Walker, Cedar Falls and a member of the Community Energy Solutions Board,
asked why would the council vote for this project when there is evidence against
April 28, 2008
it. Ms. Walker noted that Mr. Milburne worries less bout the asthma in his
family because he can afford health insurance.
Ms. Walker noted that Progress for Cedar Valley did not see the particulates
that bother the elderly and little children, and that people who will be
affected live in the northeast. Ms. Walker noted that religion teaches s to be
good neighbors.
A gentleman noted that he lived in Waterloo for 55 years and now lives in Cedar
Falls. He noted that he lived by the Rath Power Plant, that the nuclear plant
was built in the 60s and is only good for 30 years. He noted he worked in the
John Deere foundry and got black lung. He asked are we going to be hot or cold,
that he doesn't John Deere will stick around if energy costs go up.
Page 16
Jim Reidy, 262 Alta Vista, noted that the Cedar Falls Utilities and UNI burn
coal every day, and he did not hear anything negative about the burning coal
until LS Power's proposal to build a plant. Mr. Reidy noted he visited
Rochester, Minnesota and they have a coal burning facility in the middle of town
and within a six minute walk of the Mayo Clinic. Mr. Reidy noted that the
United States' supply of coal will last for 400 years, and he thinks that will
be our major source of energy for years to come. Mr. Reidy noted he feels this
project is a good idea, it will improve our tax base and people will be needed
to fill the positions. Mr. Reidy noted he thinks we should rely on the state to
issue the proper permits.
A member of the union noted that he went to the dentist and the dentist asked if
he wanted a porcelain filling or silver. The dentist told him he had to ask
that question because silver has mercury. He noted that there are union members
working all over and families living here and he would like to have them come
back.
Bill Kammeyer, 526 Home Park, noted he was raised in Waterloo and when he went
to school he had to cross the WCF&N railroad tracks, and he always had to deal
with those tracks, that the trains never stopped him. Mr. Kammeyer noted that
we are always saying no in Waterloo, and he wanted to thank Elk Run Energy for
coming here and for being persistent. Mr. Kammeyer noted that we need power, we
want more housing that will take more electricity. Mr. Kammeyer noted that Elk
Run will build the plant as safe as possible, and that there are government
agencies to oversee the environmental and health issues, not the city council.
Mr. Kammeyer noted that if the new plant helps his taxes, than he will support
it as it is another source of revenue that we cannot overlook.
Matt McNeil noted that there used to be a saying not to rob Waterloo because its
too hard to get around trains in Waterloo. Mr. McNeil noted that the lady who
talked about affecting the water supply in Cedar Rapids, he thinks Cedar Rapids
now has wells. Mr. McNeil stated he supports the new plant 100 percent.
Linda Laylin, Greater Cedar Valley Alliance, noted that Elk Run Energy selected
this site because it met all their requirements, and that they have done all
they said they would do. Ms. Laylin noted the council should support this over
$1 billion project because it means additional jobs, latest technology, it will
generate tax dollars, and will stimulant additional funds because of the
development. Ms. Laylin noted that if the project meets the city's minimum
requirements, then council should approve.
Reverend Bill Straka read a letter from Reverend George Karnik who lives at 750
River Forest Road. Reverend Karnik asked if the council is primarily and only
interested in financial issues regardless of what science reports about coal -
burning power plants. Does the council see this also as a moral issue or
strictly a business matter. Does human health and the future of the planet
matter to them. Reverend Karnik noted he read the information that promotes all
the financial benefits that would come from LS Power building the plant, but he
feels all these claims are in gross contrast to the scientific facts presented
by neutral, environmental professionals. The studies and reports such as the
one presented by Professor Bill Stigliani about the harmful emissions of the
proposed station contradict what LS Power has been putting out. Comparisons
have been made to coal burning plants in other cities, such as Rochester,
Minnesota. The point stressed is that if all these doctors see no ill effects
from their plant, then what do we have to worry about. Such a plant, or one
like Cedar Falls Utilities, does not compare with what an Elk Run Energy Station
would spew into the air. Reverend Karnik urged the council to reject this
proposal for the sake of the common good.
• •
April 28, 2008
Hearings continued
Page 17
Reggie Schmitt/Cole
that the hearing be closed and recommendation of approval of Planning,
Programming and Zoning Commission, letters in favor and opposition, and oral and
written comments be received and placed on file. Ayes: Seven. Motion carried.
127002 - Noel Anderson, Community Planning & Development Director, reported that the
annexation request asked that the city suspend the restriction on burning,
restriction on discharging a weapons and the provisions of the Property
Maintenance Code. Elk Run Energy Associates indicated that based on the wishes
of a property owner, they agreed to ask for the waiver of these restrictions.
Mr. Anderson noted that staff has recommended denial of the waiver.
Reggie Schmitt/Cole
that applicants' request for waiver of Section 4-3-7(C), Section 5-2-6(A) and
Title 9, Chapter 1, Article B, be denied. Ayes: Seven. Motion carried.
127003 - Councilperson Greenwood supported the requests for annexation and rezoning
because they follow the criteria of what the city is trying to do on the
Northeast site. Councilperson Greenwood noted that there is a need for base
line energy, and he feels this is good for economic development in the city.
Councilperson Steve Schmitt noted he had a number of questions concerning the
heath standpoint, but he does not have that expertise and will rely on the
state, but noted he is concerned as a father and a grandfather with these
issues. We all need jobs and the future of Waterloo needs more growth.
Councilperson Steve Schmitt noted that the Greater Cedar Valley Alliance and a
state senator in Des Moines after the Supervisors voted down the Monsanto
project said what is wrong with Black Hawk County. Councilperson Steve Schmitt
asked if there is a block of land within the city limits what would be less
disruptive and closer to town.
Mark Milburn responded that Elk Run Energy looked at the size and location of
the land, the proximity to transmission land, access to water, roads, etc., and
finding a piece of land available with an owner willing to sell. Elk Run also
looked at wetlands and flood plains, and identified this land as the most
suitable site. Councilperson Steve Schmitt asked if access to the distribution
network is already in place, and Mr. Milburn responded that the process is not
completed.
Councilperson Steve Schmitt asked if it has been finalized as to who will be
responsible for water and sewer improvements.
Mr. Milburn responded in the development agreement they will negotiate with the
Water Works for appropriate terms to bring water to the site. The Water Works
has necessary capacity, but upgraded infrastructure will be needed. Mr. Milburn
noted that Elk Run Energy will pay for the majority of the cost or other
businesses could share in the costs.
Councilperson Steve Schmitt asked if all the road improvements have been
addressed.
Eric Thorson, City Engineer, responded the concepts show the roads to be
adequate and LS Power will pay for them per agreement.
Councilperson Welper noted that it came up in tonight's meeting that the city
has reached its air quality permit, and he asked if the plant is built will the
city exceed our permit for air quality, and if Elk Run is granted a permit will
that mean we can have no additional development.
Elk Run Energy responded that the air quality standard is in place to protect
public health. Elk Run Energy has to demonstrate that they won't exceed these
standards. As for future growth the state looks at the cumulative on each
receptor each day.
Councilperson Welper noted that the use of good agricultural land has been
brought up. If a person lives in Iowa, you either live in the city or on
farmland as there are no mountains or hills.
Councilperson Reggie Schmitt noted that last year and again this year we hear up
to 750 megawatt in net capacity, and he asked could that mean that there could
be more than 750 megawatts. Mr. Milburn responded Elk Run would have the right
to put out 750 megawatts for sale, but gross output of the plant might be
higher.
April 28, 2008
Page 18
Hearings continued
Councilperson Reggie Schmitt noted that several speakers tonight stated that the
city exceeded the air quality standards, and he wanted to clarify when Black
Hawk County exceeded the air quality standard it was measured at the Grout
Museum which is under construction.
Councilperson Reggie Schmitt commented on the fine particulate matters and noted
that we are surrounded by farmland and some of the matter is coming from the
topsoil and forest fires in Russia.
Councilperson Cole noted that under environmental compliance Elk Run must comply
with the US Army Corp. Mr. Milburn responded that they have jurisdiction over
the wetlands.
Councilperson Cole asked if this property is in the flood plain. Mr. Milburn
responded that Elk Run Creek to the Morgan home is in 100 year flood plain, but
the other property is not in flood plain.
Councilperson Hart noted this has been one of the most thought provocating
situations in looking at economic impact as it is the largest project in the
history of the city, and some of the organizations he works with support this
project. Councilperson Hart thanked Elk Run Energy for all their donations and
asked if the annexation request does not past and they have to build outside the
city limits will these organizations such as KBBG and the Highway 63 Gateway
Community Development Corporation get to keep those funds. Councilperson Hart
asked if the EPA regulations change next year, will Elk Run Energy have to keep
up with those regulations. Mr. Milburn responded that the commitment to fund
those organizations are a part of the development agreement and these
commitments are contingent on Elk Run Energy building in this area. If Elk Run
Energy builds in the country and not the city they would honor these
commitments. Mr. Milburn noted that Elk Run Energy will keep with the changes,
that regulations constantly change after the operator is issued a permit. If
the registration changes, Elk Run Energy is subject to whatever Congress says,
although sometimes plants are grandfathered in. Mr. Milburn noted that Elk Run
Energy complied with the rules in their other plants, but he couldn't say if
they ever had a violation, they could have but they would have stopped and fixed
it right away.
Councilperson Greenwood asked what would Elk Run Energy have to pay to dispose
of the carbon. Mr. Milburn responded that the cost of materials, labor, fuels
and coal have gone up, and that the cost of the carbon is still unknown.
Mayor Hurley asked if energy is needed and its produced who will pay the higher
cost. Mr. Milburn responded that all of it is hooked up to the grid.
Councilperson Steve Schmitt noted he has an e-mail regarding the flood plain,
and that it is his understanding if the city denies this request, Elk Run Energy
will go before the county, and Mr. Milburn responded yes. Councilperson Steve
Schmitt asked if a railroad spur is needed who would pay. Mr. Milburn responded
there are three major ways to get the coal. Two would require additional spurs
with one from the south going directly to the site. Elk Run Energy will work
with the entity and private owner, but typically the railroad is responsible to
deliver directly to their site.
Councilperson Steve Schmitt noted that in response to the problem with the
wicker furniture Elk Run Energy won't be able to control but once you have
control Elk Run Energy would have control of the trucks and he asked if the
trucks would be covered. Mr. Milburn responded any transportation they are
responsible for is covered under the permit with the DNR so they will be
providing mitigation.
Councilperson Steve Schmitt asked if coal gasification would be more expensive.
Mr. Milburn responded that is something on the horizon, but there was a joint
research project on a larger scale, but that funding was pulled. Mr. Milburn
noted that coal gasification is old and does not have a good record of
reliability. It is very interesting and promising for the future but he thinks
it is years and years away. Several utilities have asked and been denied
because of high cost of uncertainty.
Councilperson Welper noted that we all have been asked to think green and Mr.
Milburn just spoke of nuclear energy but wind energy seems to be the latest
thing. Councilperson Welper noted that Elk Run Energy is proposing a state of
the art coal plant and asked if they have any other ones. Mr. Milburn responded
Council Bluff is an example. Councilperson Welper noted we are being told there
are tons of mercury and asked if these numbers are correct. Mr. Milburn
• •
• •
April 28, 2008
Page 19
Hearings continued
responded their mercury load is 108 pounds per year and Elk Run is submitting
those figures to DNR, but they believe it will be much less. Mr. Milburn noted
that older plants of similar size are emitting 1,000 pounds per year. Mr.
Milburn noted that regardless of mercury rule, they are putting in best
technology available.
Councilperson Hart asked when folks talk about health impacts for African-
Americans is there any correlation to the mercury disproportionate. Mr. Milburn
responded there have been studies where they make correlation, and that some
studies use a lot of old industrial plants when they see the correlation.
Councilperson Hart asked who is responsible on the plant site for spills by the
railroad. Mr. Milburn responded the railroad would be responsible to take out
the permit. They are governed by the EPA and the Surface Transportation Board.
Councilperson Hart asked with rail
number of streets that will have
responded the map of the railroad
which way the coal cars are coming
metro area.
cars passing through the city what are the
a nine to ten minute wait. Mr. Milburn
crossings shows various crossings depending
or going. There are 60 all together in the
Councilperson Reggie Schmitt noted that regarding the health and environmental
issues, the council is not saying they are not important, but we are relying on
the EPA and the Iowa DNR, who are the experts for these complex issues.
Councilperson Reggie Schmitt noted that whether rural or main street, we all
rely on base line energy with enough to meet our demands. It was said that we
are at zero capacity because no generation facilities are being built.
Councilperson Reggie Schmitt noted that right now large electrical customers
have to sign agreements to stop the brownouts. Councilperson Reggie Schmitt
noted that the John Deere foundry has to shut down six times in the summer
because of the agreement.
Councilperson Cole asked why is Elk Run Energy going through this process before
the DNR signs the permits. Mr. Milburn responded that the DNR has the
discretion to process or not process the air permit if Elk Run Energy does not
have all the local approval required. If Elk Run Energy does not have the legal
right to construction, the DNR can choose not to process. The Utility Board
also wants to see that they have local approval.
Councilperson Cole noted that the DNR said if Elk Run Energy didn't have zoning
approval, they didn't want to waste spend staff time on the permit.
Councilperson Getty noted that the city did not lose Monsanto. Councilperson
Getty noted that he has lived in Waterloo all his life, and he knows of at least
five coal plants, including IPS, John Deere, Rath and two coal generated plants
to the west of Waterloo, and he has never heard a concern for his health.
Councilperson Getty noted he is not an expert and will vote on whether to
support the annexation and rezoning. The vote tonight is the first step, Elk
Run Energy will need a permit from the DNR and the Utility Board. The questions
regarding carbon dioxide and particulates will be answered by the DNR and
Utility Board.
Councilperson Steve Schmitt asked how long has Elk Run Energy owned any coal
plants. Mr. Milburn responded they built a new generation plant in 1990, and in
2000 they developed and constructed other plants and competitors offered dollars
for these projects, so they sold them. LS Power launched two private investment
funds focused on the power industry with a total value in excess of $4 billion,
and these funds have facilitated the purchase of seventeen power generation
assets. Dynegy purchased all the power generation assets and now owns and
operates the generation assets and LS Power holds 40 percent of the common
stock. In addition, LS Power continues to lead the development of new projects
under a 50/50 development joint venture with Dynegy. As of today, they own four
generation facility with two under contract.
Councilperson Steve Schmitt asked if the company builds to own. Mr. Milburn
responded its always been their business plan to own these companies for a very
long time. In Arkansas and Texas, they bought not only the power but took
ownership. It is possible they could sell off pieces and retain business
parcels.
Councilperson Schmitt asked how many plants are there nationwide. Mr. Milburn
responded some just announced in the newspaper and then others stopped. Mr.
Milburn noted there are over 100 coal fixed plants and at least one-half off the
drawing board.
April 28, 2008 Page 20
Hearings continued
Councilperson Getty called for the question.
Councilperson Steve Schmitt noted that tonight the council heard from both sides
and heard from the environmental standpoint. One benefit is to allow some of
these less efficient plants to be taken off line and replace them with plants
like the one proposed for Waterloo.
Councilperson Steve Schmitt noted that he believes we will have a facility that
will use the coal in a more efficient manner, and that this plant will be night
and day different.
Councilperson Hart noted that he was interested in looking out to the future
where traffic is not too congested, and he is concerned about the overall impact
to his neighborhood. Councilperson Hart noted he is concerned there is no
correlation of impact on health and yet the study says there is an impact.
Councilperson Cole noted that this body is not scientists nor CES members.
Tonight the council has been called racist baby killers. Councilperson Cole
noted that this is not a moral issue but a land use issue.
Councilperson Cole called for the question.
Mayor Hurley noted there have been three years of hearings, presentations,
deliberations, community meetings. Township, city, county and state scrutiny.
Editorial comments, blogs, letters -to -the -editor. E-mails, hard mail, phone
calls, oral presentations and personal visits, etc. The Elk Run Energy Center
is likely the most thoroughly discussed and dissected issue to come before a
Waterloo city council in the last 20 years. In his own seven years, he can only
think of the burning ban, the property maintenance code, the annual budgets and
the community recreation center/Vision Iowa project as even holding a candle to
this single issue in terms of attention and energy expended on everyone's part.
Mayor Hurley commented that people are passionate about this proposal on both
sides of the debate. Mayor Hurley noted that he believes support for the energy
center project has local, regional, state and national implications. Mayor
Hurley noted that he believes as a city government we have done what we are
supposed to do in terms of process, listening, questioning and discussing.
Mayor Hurley noted that he believes approving the annexation and rezone request
and then passing the baton on for state and federal agency review is the prudent
thing to do.
Mayor Hurley noted that this long discernment process has been at times
physically, mentally and emotionally taxing. The discussions and communications
have been civil for the most part. Where there was an apparent lack of respect
and civility for the council and their service to the citizens of Waterloo, he
took umbrage because he knows council has dutifully invested themselves in this
matter.
Mayor Hurley noted he can respect other's opinions, and he can have respect for
those espousing them, but he cannot let go the increasingly frequent verbal and
written attacks on the council's integrity, prudence, wisdom, knowledge, sense
of duty, due diligence and ability to think rationally. Mayor Hurley commented
he knows this to be untrue because everyone of the council, irregardless of the
vote he/she will cast tonight, he knows they have read, listened, and thought
about the decisions they will be making. That it wasn't done in public all the
time is only a reflection of the restrictions on the position each holds as a
council member, not on their intelligence, interest or personal investment in
the matter.
Mayor Hurley noted that just last week all of them received a copy of a long
analysis of the annexation/rezone petition submitted by one of the organized
opposition groups. Rather than stick to facts or opinions on technical items or
process questions, the writers felt it necessary to include the following kinds
of negative characterizations of the council: "showing . . . a lack of
fiduciary responsibility"; "a lack of due diligence"; "unconscionable";
"consistent lack of responsible planning and responsiveness"; "appears
irresponsible". Mayor Hurley noted that much of this comes with the territory,
but he thinks the opposition writers went over the line in the following - "And
what will your children and grandchildren have to say about your personal vote
to sentence our young and elderly citizens of the Cedar Valley to slow and
agonizing deaths?" In his opinion, that is a loathsome statement and it goes
beyond the pale of civil disagreement and debate. Mayor Hurley noted he knows
that everything council has done in these chambers has had the best interests of
our citizenry and the general welfare of the community in their hearts and
• •
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April 28, 2008
Hearings continued
minds. Mayor Hurley noted that at best to imply that council takes lightly the
health, general well-being and the very lives of the young and elderly is no way
to win friends or influence council's vote, and at worst it is a vicious, mean,
demeaning and completely unnecessary attack.
Page 21
Mayor Hurley noted council is being asked by a legitimate and legal business
offering a needed commodity to annex and rezone a parcel of land. Council is
not being asked to permit, license or operate the energy center. Because it is
an electric power plant, the state and federal government have taken on the duty
of overseeing the environmental and health aspects of the proposal. The
council's duty is to determine if the annexation and rezone applications are
properly done.
Mayor Hurley noted that health concerns seem to dominate the many reasons for
concerns. Mayor Hurley commented he believes the economic health of a community
equates to good physical health. A strong economy creates jobs, which creates
wealth that allows families to have adequate housing, nutrition, shelter and
health care. Much has been made about the LS Power's projects negative impact
on those most vulnerable low and moderate income families and, in particular,
African-Americans. Mayor Hurley noted that while the Elk Run Energy may not be
supplying power directly to Waterloo residential consumers, the idea of
thwarting an industry which accounts for 80 percent of Iowa's electricity
production is a dangerous path to take if you are truly concerned about those
most vulnerable in our community.
Mayor Hurley noted that we have heard a lot about the disproportionate cases of
asthma in the African-American population in Iowa, and that the opposition has
pretty much laid the blame on particulate matter produced by coal-fired power
plants. Mayor Hurley reviewed a study that spoke about potential sources of
things that aggravate asthma, such as insects, dust mite, bacteria, varmints,
and indoor pollutants such as smoke. Mayor Hurley noted the study says it
possible not all the asthma came from coal plants. Mayor Hurley commented that
he knows the Sierra Club earmarked $10 million toward anti -coal, and he would
like $1 million for housing so we could get lead out of homes.
Getty/Reggie Schmitt
that "Resolution approving said annexation", be adopted. Ayes: Six. Nays:
Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-346.
127004 - Reggie Schmitt/Greenwood
that proof of publication of notice of public hearing
Energy Associates, LLC on behalf of property owners
Agricultural District to "M -2,P" Planned Industrial
260.36 acres of property generally located along Merle
Street, X mile east of N. Elk Run Road for the purpose
on request of Elk Run
to rezone from "A-1"
District approximately
Road, north of Newell
of constructing a 750 -
megawatt coal-fired electric generation facility and rescind Ordinance No. 4868
in its entirety, as published in the Waterloo Courier on April 11, 2008, be
received and placed on file. Ayes: Seven. Motion carried.
127005 - This being the time
and oral objections.
Reggie Schmitt/Cole
and place of public hearing, the Mayor called for written
that the hearing be closed and
Programming and Zoning Commission, letters in favor and
written comments be received and placed on file. Ayes:
recommendation of approval of Planning,
opposition, and oral and
Seven. Motion carried.
127006 - Reggie Schmitt/Greenwood
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 398 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the first
time. Ayes: Six. Nays: Hart. Motion carried.
127007 - Reggie Schmitt/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Five. Nays: Hart, Steve Schmitt. Motion
failed.
April 28, 2008 Page 22
DOCUMENTS
127008 - Cole/Steve Schmitt
that communication from City Planner transmitting amendment to Development
Agreement with Elk Run Energy Associates LLC for the construction and related
improvements for a modern electric generating facility, with approximately
$800,000.00 per year excise tax, no tax rebatement or abatement, provide for
extension of utilities for the development, improvements to Newell Street, a
grant of $150,000.00 for construction of a recreational trail on the east side,
a grant of $400,000.00 to the Highway 63 Gateway Community Development
Corporation for the Highway 63 Corridor, a grant of $100,000.00 for
establishment of Technical Scholarship Fund to assist with post -secondary
educational funding for students in Black Hawk County, etc., be received, placed
on file and "Resolution approving said agreement", be adopted and Mayor and City
Clerk authorized to execute same. Ayes: Six. Nays: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2008-347.
ADJOURNMENT
127009 - Cole/Reggie Schmitt
that the Council adjourn at 11:30 p.m. Ayes: Seven. Motion carried.
Nancy Eckert, CMC
City Clerk
• •
April 28, 2008 Page 13
plant where African-Americans reside. The pollution rates are already five
times the state's average. Ms. Echeverria spoke about the particulate matters.
Ms. Echeverria noted the report by Dr. Stigliani which was commissioned by the
Black Hawk County Board of Health and their recommendation of a moratorium. The
report states that asthma rates among African-American citizens of Black Hawk
County are 2.5 times higher than the overall county average and 40 percent
higher than the state average
Debra Morgan speaking for Phyllis Morgan who lives at 6411 Newell Street, noted
that LS Power visited the farm in the winter, and that in the winter and fall
they have normal water. It is during the spring and summer when they have lots
of runoff. The creek on the Morgan farm runs into the Cedar River which flows
down to Cedar Rapids where they use it for drinking water. Ms. Morgan noted it
would only take one spill and people would be sick, babies would be born with
problems and cattle would not be able to eat. Ms. Morgan noted she feels the
city is ready to sell out Waterloo to make a few bucks for the city, which will
cause more sickness and illness and who will take the responsibility.
Scott Henderson, 1027 West 9th Street, Cedar Falls, noted that he disagreed with
the comments made by LS Power's Environmental Engineer regarding the Dysart Road
quarry and the fly ash. Mr. Henderson commented that he read an article in an
industrial journal that studied this practice and said there was ground water
contamination. They also found a lot of heavy metals located in fly ash, but
the engineer said no different than our fireplaces.
Kent Holst, 902 Walnut Street, Traer, spoke in favor of the coal plant because
they get their electricity from the wholesale market and need competition. Mr.
Holst noted we need more electricity power to avoid congestion. The cost is
less when power is bought in large lot. Mr. Holst noted that even though we are
seeing wind turbines, this energy has not reduced the energy needed. We need
additional energy or we will see prices go high.
Steve Firman, Cedar Falls and a member of the Greater Cedar Valley Alliance,
noted that Iowa based municipalities have said we are not keeping up with
capacity and expect to fall to zero by 2016 due to not enough generating plants
being built. Mr. Firman noted that there are other sources such as natural gas
which is increasingly scare and expensive and we may have to import and costs
have doubled. Wind and solar energy are not dependable, and the public has
concerns with nuclear power plants. Mr. Firman noted that coal plants are
reliable and less expensive, and that base load generated plants are the only
option to meet our needs until better alternatives are found. Mr. Firman urged
the council to support this project.
Diane Caley, Parkersburg, noted that she had to leave this community in search
of employment. She spent a lot of time in Sioux City to stay close to family,
but she traveled back and forth and saw economic growth in contrast to stagnant
growth in Sioux City. Ms. Caley noted she came back for good because she
believes in this community and wants to see her children and grandchildren stay
here and LS Power makes this possible and promotes future growth.
Ron Spears commented that he heard that Mayor Hurley and Mr. Milburn had a
private meeting this week. Mr. Spears noted that this is a moral and ethical
issue and has to do with money versus health. Mr. Spears noted that coal is
harmful to people. Mr. Spears asked if Elk Run is so beneficial why is so much
bribery involved such as $100,000 to KBBG provided through Deb Berry, $400,000
to UNI, and a bribe for a bike trail and lake. Mr. Spears noted that the plant
is being built in an area where African-Americans live and they have 2.5 times
more asthma than Whites. Mr. Spears noted that all the profits will go to LS
Power and New York. Not one kilowatt will be for the State of Iowa. Mr. Spears
noted that the health industry will benefit greatly, and its all because of
jobs.
Dr. Phyllis Baker, Professor at UNI, noted that she has had 23 pieces published,
and that quantities is observing people and analyzing data. For the past
several months she has been observing LS Power, and this group has been working
hard because they have a financial stake. Dr. Baker noted that she believes the
coal plant is a bad idea for Waterloo. The folks in favor of this project may
have a financial stake. Dr. Baker commented she could not believe the council
is getting its pockets lined for this. Dr. Baker urged the council to listen
carefully and keep their minds open.
Dr. Mary Robinson, Pastor of All Nations Community Church, noted that for
decades those living on the northeast side of Waterloo have complained about the
rail lines that tie up traffic, sometimes for miles. Some even went so far as
to present petitions to the council a few years ago. Dr. Robinson noted that
April 28, 2008 Page 14
she personally observed children walk over stalled rail cars in order to get to
and from East High School.
Dr. Robinson noted she has been in discussions with teenaged members of her
church who say that they cross these stalled cars many time a week, and now she
is being told that the same thing happens in the Longfellow Elementary School.
Dr. Robinson noted that now they have the additional burden of rising fuel cost
and the additional gas that will be used just to go around stalled tracks. If
the coal plant is built these factors will add additional burden to an already
overburdened system. Dr. Robinson noted that asthma hospitalization is 2.5
times higher than the overall county average and 40 percent higher than the
state average of hospitalization rates for all African Americans in the state.
Dr. Robinson noted that as a governing body of the city, the council is
responsible for helping to advance the welfare of the citizenry. Dr. Robinson
noted that it is important that the public's trust is maintained. Council must
be willing to take a stand that may be unpopular economically but morally right.
Dr. Robinson asked the council to do what is morally right, set the standards
and don't put the burden on our community.
Phil Akin, Cedar Falls, noted he looked at the annexation and zoning requests,
sees the jobs and knows what that means to property values, and that the
community is on the rebound. We have energy needs, and many couldn't pay the
bills because they have no money. Mr. Akin noted that we have to entrust the
DNR and EPA to look at the project. Mr. Akin noted this project will keep
utilities lower, bring in jobs, and keep property taxes low.
Judy Cain, 543 Cloverdale Avenue, noted she grew up in a community where her
Father worked on a coal plant crew. Ms. Cain urged the council to consider the
annexation and rezoning request because this project will help the
Waterloo/Cedar Falls economy.
Rich Kurtenbach, 1695 Burton Avenue, noted this is more than a new application
as we have been in contact with LS Power since 2005 and he knows the benefits
they will bring to our community. Mr. Kurtenbach noted he personally visited
Iowa coal plants and asked about the concerns we have heard. No one came up
with health and environmental concerns and they assured him it was good for the
economy. Mr. Kurtenbach noted that wind and solar energy are good and part of
the future, but this plant will provide base load power. Mr. Kurtenbach noted
they endorse and support the Elk Run Energy project, and that it would be a
tremendous loss to let it slip away.
Mark Milburn noted that the standards rest with the EPA and are enforced by the
DNR to ensure safety of everyone, including workers and the environment. Mr.
Milburn noted he sympathizes with Dr. Robinson on the issue of the railroad
problem, and that their trains will move through town and not block tracks for
school. Mr. Milburn noted he sympathizes with the high rate of asthma, that he
has asthma in his family. Mr. Milburn noted this plant will be cleaner and they
will not be allowed to exceed levels required by the EPA. Mr. Milburn noted
that he feels Mr. Henderson's comments about his colleague's credibility were
taking out of context and are irrelevant. Mr. Milburn noted that Mr. Wilson was
trying to explain how Elk Run is impacted by groundwater, that the standards in
Iowa are more stringent when it comes to ash and groundwater.
The council recessed at 9:02 p.m.
The council reconvened at 9:12 with all council members present.
Sharon Goodson, President of the NAACP, explained why they oppose the plant.
The location of the proposed plant is in close proximity to a critical mass of
African-American residents. African-Americans are disproportionately affected
by asthma and respiratory ailments. The health impact of a coal-fired plant and
things such as increased train, truck and emergency vehicle traffic is adverse.
The air quality in Black Hawk County is near the tipping point of breaching
Federal Air Quality Standards. The addition of a coal-fired plant with its
emission of particulate matter can only add to these unfavorable health effects
for blacks because it increases the risk of pulmonary and cardiovascular
disease. The emission of carbon dioxide negatively affects ground level ozone
which can worsen human respiration, impedes lung functioning and exacerbates
asthma. Mercury, a very toxic metallic element, will contribute to the public
health risks. Ms. Goodson noted that the coal-fired plants for UNI and Cedar
Falls are significantly smaller than the proposed plant, which would be 100
times large than UNIs and 30 times larger than the City of Cedar Falls.
Joyce Jensen noted they built a new house, and she feels the bank knew about the
proposed coal plant but didn't tell them. Ms. Jensen noted they have wicker
furniture on their porch and with the high winds that furniture is now black.
• i