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HomeMy WebLinkAboutMinutes-05/12/2008• • May 12, 2008 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, May 12, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Absent: Cole. Moment of Silence. Pledge of Allegiance: Doug Carter, Fire Chief. 127059 - Reggie Schmitt/Welper that the Agenda, as amended, for the Regular Session on Monday, May 12, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 127060 - Reggie Schmitt/Welper that the Minutes, as proposed, for the Regular Session on Monday, May 5, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. Mayor Hurley read a Proclamation declaring May 11-17, 2008 as National Police Week. Mayor Hurley read a Proclamation urging citizens to support the sale of buddy poppies May 16-17, 2008. Mayor Hurley introduced Steve Jordan, appointed Fire Marshal on May 8, 2008. CONSENT AGENDA 127061 - 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. 1-60, dated May 12, 2008, in the amount of $2,368,540.80, 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. 2008-371. 2. Communication from Police Chief transmitting request of Joyce Cameron and Janice Songstad to hold Boot Block for Leukemia and Lymphoma Society's Team in Training May 17, 2008 from 10:00 a.m. - 5:00 p.m. at the corner of Ridgeway and Hammond Avenue. Resolution adopted and upon approval by Mayor assigned No. 2008-372. 3. Communication from City Engineer transmitting request of Craig Holdiman for a waiver for a concrete driveway to be located at 209 Graceline Boulevard, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2008-373. b. Motion to approve the following: 1. Mark Boesen, Manager of Rehabilitation Services, to attend Environmental Review Training in Ames, Iowa on May 20-21, 2008, with costs not to exceed $205.00, including use of city vehicle. 2. Michelle Weidner, Chief Financial Officer, to attend Local Government Update Iowa Governmental Audit on May 28, 2008, with costs not to exceed $330.00, including use of city vehicle. 3. Michelle Weidner, Chief Financial Officer, to attend 2008 Iowa Governmental Roundtable in West Des Moines, Iowa on May 21, 2008, with costs not to exceed $280.00, including use of city vehicle. 4. Communication from Superintendent of Streets transmitting recommendation of appointment of Steve Heasley and Daniel Greer to the position of Equipment Operator II, effective May 13, 2008. May 12, 2008 Page 2 Consent Agenda continued c. Liquor License Permit Application Class C Five Sullivan Brothers Convention Center, 200 West 4th Street (Renewal) (Expires 4/30/09) (Includes Sunday Sales) d. Liquor License Permit Application Class E Target Store, 1501 East San Marnan Drive (Renewal) (Expires 6/27/09) (Includes Sunday Sales) Liquor & Tobacco Outlet, 515M Broadway (Renewal) (Expires 5/31/09) (Includes Sunday Sales) e. Wine License Permit Application Class B Target Store, 1501 East San Marnan Drive (Renewal) (Expires 6/27/09) (Includes Sunday Sales) Liquor & Tobacco Outlet, 515% Broadway (Renewal) (Expires 5/31/09) (Includes Sunday Sales) f. Beer License Permit Application Class C Target Store, 1501 East San Marnan Drive (Renewal) (Expires 6/27/09) (Includes Sunday Sales) Liquor & Tobacco Outlet, 515% Broadway (Renewal) (Expires 5/31/09) (Includes Sunday Sales) g. Liquor License Permit Application Class B Ramada Inn, 205 West 4th Street (Renewal) (Expires 4/30/09) (Includes Sunday Sales) h. Fireworks Display Application Dermatology Associates, John Deere Supervisors Club on August 15, 2008 i. Bonds. Ayes: Six. Absent: Cole. Motion carried. HEARINGS & BIDS 127062 Greenwood/Steve Schmitt that proof of publication of notice of public hearing on 2008 Riverfront Stadium Kitchen Hood and Exhaust Fan Renovation, as published in the Waterloo Courier on April 25, 2008, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127063 - This being the time and place of public hearing, the Mayor called for written and oral objections. Nancy Eckert, City Clerk, reported that Lawrence Wheeler, 433 Bratnober, was unable to attend tonight's meeting but wanted to voice his opposition as he feels the city should apply for Black Hawk Gaming funds and not use city money for this project. Greenwood/Steve Schmitt that the hearing be closed and written comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127064 - Greenwood/Steve Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2008 Riverfront Stadium Kitchen Hood and Exhaust Fan Renovation", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-374. • • • • May 12, 2008 Page 3 Hearings & Bids continued 127065 - Greenwood/Steve Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Bond Bid Amount Precision Heating, Denver, IA $1,080.00 $21,600.00 Mike Fereday Heating, Waterloo, IA $1,499.50 $29,900.00 Air Systems Inc, Cedar Falls, IA 5% $19,730.00 Ayes: Six. Absent: Cole. Motion carried. UNFINISHED BUSINESS 127066 - Getty/Welper that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $61,445.68 to B&B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2008 Sidewalk Repair Program - Zone 8 and Trail Repairs, Contract No. 740, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-375. 127067 - Getty/Welper that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $1,177,037.06 to Aduddell Restoration and Waterproofing of St. Paul, Minnesota in conjunction with East Park Avenue Parking Garage Renovation, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. In answer to a question from Councilperson Steve Schmitt, Doug Schindel, Project Engineer with Earth Tech, reported that Division I will include a deck topping on the upper deck, which includes joint repairs associated with the deck. Stairwell repairs are also included in alternate one. Division I also includes window replacement and door replacements in the stairwells. Division II will include more of the structural repairs in the lower levels. It will also include redoing the drainage system as there is quite a bit of leaking in addition to the storm drains that are going to be replaced. It will also include redoing a complete fire system, with a water system and the hook ups associated with that. Mr. Schindel reported that the project should be completed late this year. In response to a question from Councilperson Greenwood, Mr. Schindel, reported that the initial first two floors were built in the early 80s and the upper two levels were built in the early 90s. We are hoping with the maintenance program that is going to be put into place to get 20 additional years after these improvements are made. Lou Cutwright, Building Official/Maintenance Administrator, has put together a more aggressive program in recent years in terms of some of the jointing and joint sealing that needs to be done on those ramps. Councilperson Greenwood asked if the city has a maintenance program or policy in effect for the ramps. Mayor Hurley noted that it has probably been a case where it was a matter of revenues, the ability to bond and other priorities, but other than aesthetic and cursory top level maintenance we haven't done structural maintenance on that ramp. We then get to this point where we find ourselves as caretakers of city assets facing these million dollar bills. Mayor Hurley commented that he expects Lou Cutwright will have a formal maintenance program that goes beyond sweeping, hosing and changing light bulbs. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-376. May 12, 2008 PETITIONS FROM PUBLIC 127068 - Welper/Reggie Schmitt Page 4 that communication from City Planner transmitting Development Agreement with Laverne J. Lehman to vacate, sell and convey a portion of Ashland Avenue and alley adjacent to 1500 Ashland Avenue for the construction of an 8,000 sq. ft. building and 450 sq. ft. office, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 27, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-377. DOCUMENTS 127069 Hart/Welper that communication from Associate Engineer transmitting Change Order for a total net increase in the amount of $25,864.12 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. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported this portion was near the San Souci bridge area, and we are unable to determine for sure why that happened. Doug Schindel reported it was around a couple hundred feet, and the longitudinal cracks we are looking at taking out and re -pouring are the middle section just underneath the railroad bridge by Conger. Mr. Schindel noted that the reason for this unknown, but there is some thought that due to the flood that occurred last fall, it was inundated relatively shortly after it was paved, which could have caused the longitudinal crack. They are looking at re -pouring that and adding a subdrain, which is included in the cost. In answer to a question by Councilperson Getty, Mr. Schindel reported that they do not feel the vibration from the train caused the problem because it really isn't tied to the bridge or the abutment. Its kind of a separate retaining wall similar to the one visibly seen between llt1 and 18th Streets. Its the type where its got the retaining wall about 3 or 4 feet and then the trail attached to it. Councilperson Getty asked if a steel rod would be put in that part of the walk. Mr. Schindel responded that is correct, between the section we are taking out we will tie both ends into the outside remaining portions of concrete. There is actually a thickened edge on one side of the trail on this specific section. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. 127070 - Hart/Welper that communication from Associate Engineer transmitting Contract, Bond and Certificate of Insurance in the amount of $61,445.68 with B&B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2008 Sidewalk Repair Program - Zone 8 and Trail Repairs, Contract No. 740, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-378. 127071 - Hart/Welper that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with the Iowa Department of Natural Resources for renewal of storm water discharge permit in conjunction with F.Y. 2007 Cyclone Drive/Titan Trail, Contract No. 727, be received, placed on file and "Resolution approving said notice of intent", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-379. • • • • May 12, 2008 Page 5 Documents continued 127072 - Greenwood/Steve Schmitt that communication from Associate Engineer transmitting Notice of Discontinue of storm water discharge Permit 2 with the Iowa Department of Natural Resources in conjunction with F.Y. 2006 VGM Expansion Entrance Road, Contract No. 704, be received, placed on file and "Resolution approving said notice of discontinue", be adopted and Mayor and City Clerk authorized to execute same. Greenwood now absent at 6:06 p.m. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-380. 127073 Greenwood/Steve Schmitt that communication from Police Chief transmitting Iowa Communities Assurance Pool (ICRP) Anniversary Information Acknowledgement and Proxy Form for insurance for Tri -County Drug Enforcement Task Force, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-381. 127074 - Greenwood/Steve Schmitt that communication from Community Planning & Development Director transmitting Property Access Agreement for property located at 218-220 and 224-226 West 2nd 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. Prior to a vote on the above motion, the following comments were heard. Councilperson Hart noted that about a month ago, there was lengthy conversation regarding the amount of change orders requested by Howard R. Green Company, and he asked if the city already signed an agreement with Howard R. Green Company to do this work. Noel Anderson, Community Planning & Development Director, responded when the city received the grant for the downtown petroleum funding source, Howard R. Green Company was the chosen consultant. The city has been working on this in stages for awhile as we get the access agreements, so this is part of the current contract we have for that grant. Councilperson Getty asked what is the cost for the contract. Mr. Anderson responded he doesn't recall the amount of the full grant, but it was to cover a good majority of the downtown area. Mayor Hurley noted this is just the site assessment agreement, not the contract with Howard R. Green. Michelle Weidner, Chief Financial Officer, noted she believes the grant was for $200,000.00. Councilperson Getty asked if Howard R. Green is the company we are going to use for everything we are doing for the Riverwalk. Mayor Hurley responded Howard R. Green is our Brownfields specialist, but he wouldn't say they are doing everything. Mr. Anderson noted the city specifically received a grant to do some downtown environmental activities, and Howard R. Green Company was the chosen consultant. The city went through a consultant selection process for those two grants, and as we are able to get access agreements, Howard R. Green does the phase one work and potentially phase two activities. Councilperson Getty commented he doesn't understand why the city continues with Howard R. Green because it seems that every project the city has with their name affixed to the documentation, there are always change orders. Councilperson Getty noted he would like the city to go out for bids to different consultants that can do this type of work. May 12, 2008 Documents continued Mr. Anderson noted that during the consultant selection process, the city follows federal guidelines. The consultant selection process looks at not just the lowest bid, but also the qualifications of the firm first and foremost to make sure that they have the expertise to do the project. We go through the process putting together a request for proposal or request for qualifications combination. Mr. Anderson noted that the city had about eight firms submit proposals. Based on the packet of information submitted to them, we come up with a scoring method. A committee consisting of planning staff and a council member looked at the proposals, using the scoring method. At the point of selecting a consultant, we try to work out a contract for the monies involved with their services, which generally is a per hour basis. Mayor Hurley asked Mr. Anderson to put that process in writing for him and council members. Page 6 Councilperson Getty noted he is not saying Howard R. Green is a bad company, and he assumes because of Community Development's activity with them they are probably a good company. His problem is that it seems they have blanket coverage. We have X amount dollars we received from the federal government to pay for these things, and it seems every report they come back with something else that should be done and there is a change order. Mayor Hurley commented that he thinks Howard R. Green Company has done an excellent job for the city over the years, and sometimes it may be the nature of their work. Mayor Hurley noted that in one case Howard R. Green did a preliminary assessment, set a price, but once they got underground and saw what was there it required a change order. Councilperson Steve Schmitt asked how long ago was this process completed. Mr. Anderson responded about a year and half ago. Councilperson Steve Schmitt asked was the agreement for the specified amount of money that we received from the federal government. Mr. Anderson responded it was for the grant amount. Councilperson Steve Schmitt asked if the city can go out again once the money is gone, and Mr. Anderson responded that is correct. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-382. Greenwood now present at 6:11 p.m. 127075 - Steve Schmitt/Reggie Schmitt that communication from Community Planning & Development Director transmitting application with Historical Resource Development Program for a grant to conduct a downtown property survey to allow for the potential for a downtown historic district or individually register buildings on the National Register of Historic Places, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that part of the benefits are that building owners are eligible for tax credits and other incentives to fix up and invest in their properties, and he asked if downtown organizations, such as Main Street Waterloo, are aware of this. Noel Anderson, Community Planning & Development Director, responded that they are very much in support of it, and the Historic Preservation Commission recommended approval. Mayor Hurley asked what are the down sides, if any, of a building being put on a historic preservation list. Mr. Anderson responded he doesn't believe there are any because unless they choose to use the tax credits they are not necessarily bound by the criteria for the National Register of Historic Places. Mayor Hurley asked if the buildings are restricted to type of renovations and updates. Mr. Anderson responded they are not unless they choose to use the tax credits. Mr. Anderson noted we would want them to keep it in a historic nature once they were inside the district, but unless the city passes some local legislation there would be nothing that would require them to do that. • • • • May 12, 2008 Documents continued Councilperson Steve Schmitt asked what are the boundaries for the proposed district. Mr. Anderson responded it contains about nine blocks going from about 3rd to 5th from Franklin to the river Mr. Anderson noted that they looked at and identified the area based on the previous survey for historic eligibility, and then included buildings and portions of blocks they thought were able to help that district. Page 7 Following comments a vote was taken on the above motion, with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-383. 127076 - Steve Schmitt/Reggie Schmitt that communication from Leisure Services Director transmitting Permanent Easement Agreement with Waterloo Community School District for property known as C.A. Morris Park adjacent to Kittrell School for the construction of sidewalk, retention basin, reinjection well and well head as needed for construction of the new Kittrell School, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-384. 127077 - Steve Schmitt/Reggie Schmitt that communication from Associate Engineer transmitting Professional Services Agreement with VJ Engineering of Cedar Falls, Iowa at a cost not to exceed $34,200.00 for preliminary and final design of the permanent closure of Black Hawk Creek railroad crossings and Fletcher Avenue floodgates rehabilitation, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-385. 127078 - Welper/Steve Schmitt that communication from Associate Engineer transmitting Construction Related Services Agreement with Claassen Engineering of Waterloo, Iowa at a cost of $90,000.00 for construction of the northwest interceptor and reconstruction of a portion of Falls Avenue and Vaughan Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-386. 127079 - Welper/Steve Schmitt that communication from Associate Engineer transmitting Professional Services Agreement with Claassen Engineering of Waterloo, Iowa at a cost of $30,000.00 to provide final design, a flow capacity study downstream of Black Hawk Creek and plans needed for construction of this portion of the northwest interceptor, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-387. 127080 - Welper/Steve Schmitt that communication from Community Planning & Development Director transmitting proposal for Engineering Services from Earth Tech at a cost not to exceed $7,000.00 for review of the Black Hawk Creek floodplain area, be received, placed on file and "Resolution approving said proposal", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-388. May 12, 2008 Documents continued 127081 - Reggie Schmitt/Welper Page 8 that communication from Associate Engineer transmitting Notice of Intent for NPDES coverage under General Permit with Iowa Department of Natural Resources for storm water discharges associated with F.Y. 2006 Donald Street Trail, Contract No. 700, be received, placed on file and "Resolution approving said notice of intent", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-389. 127082 - Reggie Schmitt/Welper that communication from Director of Waterloo Housing Authority transmitting application with Iowa Finance Authority for grant to be used to offset infrastructure costs for four new single-family homes, including the new construction being built on Oneida Street, with 10 percent required local match, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-390. RESOLUTIONS TO BE ADOPTED 127083 - Reggie Schmitt/Welper that "Resolution ordering flags on all city facilities to be flown at half-staff on May 14, 2008 for Peace Officers Memorial Day", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-391. 127084 - Getty/Hart that "Resolution setting the date of hearing as May 27, 2008, at 5:30 p.m. in the City Hall Council Chambers on amendments to FYE2008 Budget", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-392. 127085 - Getty/Hart that "Resolution fixing date of hearing as May 19, 2008, at 5:30 p.m. in the City Hall Council Chambers on issuance of not to exceed $5,250,000.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs of refunding and refinancing certain outstanding city indebtedness consisting of the General Obligation Bonds, Series 1999A", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted the city will be borrowing another $5.25 million GO bond money, but we are doing that to refund previously purchased bonds or sold bonds. Mayor Hurley noted that Michelle Weidner in her letter explains that this could reduce total future interest to be paid by our taxpayers over the next six years by nearly $100,000.00. We are planning to refund $3.9 million of the balance due on the bond issuance. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-393. 127086 - Getty/Hart that "Resolution fixing date of hearing as May 27, 2008, at 5:30 p.m. in the City Hall Council Chambers on authorization of a Loan Agreement and issuance of not to exceed $300,000.00 General Obligation Capital Loan Notes for a General Corporate Purpose to pay costs of funding termination payments to retiring employees, including accrued vacation and sick leave obligations", be adopted and City Clerk instructed to publish notice of same. • • • • May 12, 2008 Resolutions to be Adopted continued Prior to a vote on the above motion, the following comments were heard. In answer Financial are going are some borrowing. helps the operating Page 9 to a question from Councilperson Greenwood, Michelle Weidner, Chief Officer, explained this is just a one-year note where with a bond we to be typically issuing for a 10 or 15 year repayment period. There other legal requirements, but its primarily a different type of Ms. Weidner noted that we will use the debt service levy, which operating budget because this is not being paid out of the $8.10 levy. Councilperson Steve Schmitt noted that the expectation is that the city is not going to need to do this next year. Ms. Weidner responded at this time we have not budgeted for a loan note in the Fiscal 2009 budget, and if everything proceeds the way we hope it does, we hope not to do it again next year. Following comments a vote was taken on the above motion with the following result. Resolution adopted and upon approval by Mayor assigned No. 2008-394. ORDINANCES TO BE ADOPTED 127087 - Greenwood/Steve Schmitt 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 third time and adopted on request of Elk Run Energy Associates, LLC on behalf of property owners to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District approximately 260.36 acres of property generally located along Merle Road, north of Newell Street, 34 mile east of N. Elk Run Road for the purpose of constructing a 750 -megawatt coal-fired electric generation facility and rescind Ordinance No. 4868 in its entirety. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley explained the hearing has been closed, the annexation is completed and now the council is considering the rezoning. Mayor Hurley noted that although the hearing has been closed, comments to the council will be allowed, but it will not be a debate, we want to hear from people who have not spoken to the council in the past or have something new. Allie Kincaid, 511 Albany, noted she has lived in Waterloo for 64 years, and 26 of those years she lived by the Izzy shop on East 4th Street, not even a block away. She raised her family there and there were other children in the neighborhood, maybe not even a block away, and she didn't feel that it bothered her family or any of the other families. Ms. Kincaid commented that she lived on Oneida Street, just a block over, and 64 years ago there weren't too many people using gas, most everyone was using coal. Ms. Kincaid noted when she came to Waterloo some of the people would tell her when the train would come through the man on the train would accidentally let some coal fall, so they could go down with pails and pick up the coal because at that time they weren't able to buy coal. Ms. Kincaid noted she was here to put a plug in for the coal plant because in her heart she doesn't feel it would do anybody any harm and especially with it way out there. Ms. Kincaid noted that whatever the city can do to benefit Waterloo she is for 200 percent, but if it is something that is going to grieve the town or pull it down, then she is 400 percent against it. Ms. Kincaid encouraged the council to do whatever they can for this city. Thomas Huff, 707 Hall Avenue, asked if the project cannot meet the recommendations of the traffic study, will they move to a new location. Mr. Huff noted that growing up in a railroad house he finds it peculiar that the customer would claim to have control over traffic issues when such issues are actually controlled by the service provider as well as the state and federal transportation authority. For the most part, shipping time is dictated by traffic flow as well as available time slots. At this time, we have five service providers sharing the main line, which is the shortest route in from the west. Mr. Huff asked if the project goes online and the pit as well as the owner of the pit who deals with the fly ash suddenly gets shut down, where do they intend to go with the fly ash as an alternative, seeing as how it would now be on city property. Mr. Huff noted that we don't know if the ground underneath the facility is covered with a liner which would stop leeching if the concrete or asphalt should come apart, which does happen in Iowa. May 12, 2008 Ordinances to be Adopted continued Mr. Huff commented that he already knows that the disposal facility is already in violation of the Federal Clean Water Act. Mr. Huff noted that coal ash contains a number of industrial solvents which are extremely dangerous. Mr. Huff asked what cleaning chemicals or solvents are going to be used and possibly stored on this facility. There was no notice of these chemicals posted in the information booklets sent to the landowners directly adjacent to the property. Mr. Huff noted that a lot of the old Deere hands remember the days of PCB cleaner, trichloroethylene and possibly tricloracetone but he is not entirely convinced that a lot of the new solvents are all that safe. This stuff can be deadly, you cannot have unsuspecting people being exposed to this stuff. Mr. Huff noted he assumes that the city has a hazmat policy, and he is assuming that it will fall under the city's jurisdiction in part because it will be on city property. Mr. Huff commented he does not want this to turn into another Chamberlains. The whole cedar valley could very well be affected, and there have been people who have been living there for an awfully, awfully long time who should not have to be subjected to this kind of stuff. Mr. Huff asked for answers to these questions before the council puts this up for a vote. Page 10 Reverend William Straka noted that he was pleasantly surprised to have a city councilmember come up to him this week who surprised him by asking him if he was going to speak at the council meeting tonight. Reverend Straka noted he identified with Councilperson Hart who said in what he heard as a concerned and maybe an anguished voice when he said that he can really do nothing else when he hears the health concerns of the people of this community and especially what the community he represents will be subjected to. Then not long after that there were great attacks to the fact we really can't be concerned about issues that we don't know everything about, and then there was this insistence that the issues of morality and ethics are not a part of this decision, this is simply a zoning decision and that decision needs to be placed before those who are higher than council. Reverend Straka noted that the words "that others take care of us" really puzzled him, and asked aren't each of us called to act according to what we see and know, and especially that which touches us most deeply about what is right and what is not good and maybe even wrong. That is the truth that he grew up with his parents in this community, an din the schools in this community. Reverend Straka asked the council to reconsider the fact that they have responsibility in caring for others not just their own comfort or concerns, but for those who may need more help and assistance and attention then council needs. Reverend Straka reminded the council they are called to serve all the people in this community. Ruth Walker, Cedar Falls, noted her degree is in math and physics. Ms. Walker commented that the transition to solar energy is accelerating. After inventing innovations, an MIT professor recently found a company to build the world's most efficient multi -crystalline cells and projected them to be cost parity with coal based electricity by 2012. The science is understood, the raw materials are abundant and the products work. All that is left is innovations in manufacturing and to scale up volume production. If efficient solar cells covered only 13 percent of the U.S. area now covered by roads, they would generate all of the electricity that the U.S. consumes. They can be installed on roof tops. Its a reliable solid state configuration without moving parts and virtually maintenance free during the expected lifetime of over 40 years. It is not accurate that energy comes from the sun only on sunny days. Solar power is used by the Amish in Pennsylvania and in Germany where there are fewer sunny days than we have. We will find a way to efficiently store solar energy just as we found a way to put a man on the moon. One does not have to be a scientist to be aware of what is happening in science and technology. Retrofitting current buildings and installing solar on new ones will generate steady jobs without building something that is detrimental to our planet. Ms. Walker noted that projections of income for Waterloo are wrong if the proposed plant runs less than 80 percent of the time, and Elk Run Energy has indicated that it may run at only 25 percent capacity. Ms. Walker urged the council to vote no until the city gets a responsible projection on the actual dollar income for Waterloo. Ms. Walker noted that since last week when she read the EPAs 2006 bulletin to the council, the Des Moines Register had a report on leaking tanks in Iowa. There are 94 of them in Waterloo that require no action but 18 that do, 7 are high risk and 6 are not even classified yet although they were reported years ago. Anyone who has read newspapers in the past month must know the DNR is behind in their responsibilities because of inadequate funding, and that the U.S. Senate is hold hearings to determine why the EPA isn't following court orders. Ms. Walker commented that it is unconsciousable to believe those agencies will take care of us and asked the council to responsibly vote no. • • • May 12, 2008 Ordinances to be Adopted continued Jerry Thornsberry, 704 Sheridan Road, noted that at the April 28, 2008 council meeting a statement was made that one reason to support this coal plant was John Deere foundry had to shut down six times in the summer because of an agreement signed to stop brownouts. This agreement is called a curtailment agreement. Industrial customers do sign curtailment agreements by voluntarily agreeing to shed load during peak electric usage in return for energy credits or annual payments. These agreements are governed by Electric Tariff No. 1, Rider No. 57 and entered into "at the option of the customer who demonstrates a continuing ability and willingness to curtail 250 kilowatts or more during company specified curtailment periods". Agreeing to these shutdowns appears to be a calculated financial decision and not one caused by a lack of available electricity. To support this statement, MidAmerican's total net generating capacity is 5,304 megawatts. Last year's record summer peak load occurred on August 13, 2007. Requiring 4,240 megawatts, which left a surplus of over 1,000 megawatts for this peak load day. Ms. Thornsberry commented to say that an important local industry had to shut down to stop brownouts simply is not true for three reasons. One, MidAmerican has the capacity to meet electricity demands. They even sell their surplus to the regional grid. Two, they are obligated to provide electricity because of their exclusive franchise. Three, industries voluntarily enter into curtailment agreements for sound business reasons. Ms. Thornsberry noted that the situation we face is that LS Power proposes a merchant plant to generate for profit electricity. Generating it here, shipping it elsewhere, leaving Waterloo and the Cedar Valley with tons of pollution. LS Power's electricity is not available to any Waterloo business or home. Ms. Thornsberry noted that this annexation and rezoning petition always involved more than just a land use issue. Approving the rezoning resolution before council will create innumerable negative impacts for everyone living in the Cedar Valley due to the very nature of the intended use of this farm land. Ms. Thornsberry commented that for the love and beauty of the Cedar Valley her plea is that each has carefully considered the long lasting consequences of his/her individual decision and will now vote no to the rezoning petition. Page 11 Councilperson Reggie Schmitt noted new information that is on the Cedar Falls Utility newsletter that just came out this week. If anybody asks what the price of a gallon of gas is, everybody knows the answer. Its way too high, its well over $3.00 and it will probably hit $4.00 by summer. People can tell you what the price of ethanol is or they can tell you the price of a gallon of E85. Most people cannot do the same thing with what a kilowatt hour cost them and the source. Councilperson Reggie Schmitt noted that according to the Cedar Falls newsletter this morning, coal is being sold for 4.5 cents per kilowatt hour, nuclear costs 5.7 cents to generate, natural gas 7.7 cents, wind 7.8 cents, bio- mass 9.4 cents and solar 14 cents. Councilperson Reggie Schmitt noted that just like the price of gas going up to well over $3.00 imagine the same thing if we did not have coal. Our utility bills would be 2 and 3 times higher because people like their air conditioning, they like their furnace fans to run, they like to have their lights on. Coal is 4.5 cents per kilowatt hour up to 14 cents for solar. Councilperson Reggie Schmitt noted this information is online in this week's newsletter, and it is from James Krieg who heads the Cedar Falls Utilities. Councilperson Steve Schmitt complimented council members, the mayor and the department heads, and those who have come forward to speak on this issue. Councilperson Steve Schmitt noted that over the last couple of weeks, he had come to the realization that this was a much more evenly divided issue than what he thought it was. He has heard from a variety of people at church, various meetings and other places, and an awful lot of people are paying attention to this. He has heard from both sides, those folks that are for it and the folks that are against. Councilperson Steve Schmitt noted that the one common theme that he has heard in the last couple of weeks is the appreciation a lot of people have because the council was willing to take the time to go through this in the manner that it was designed to follow. Councilperson Steve Schmitt noted that tomorrow we will all have to get up and go to work together, go to church together and get along together, and he thinks the way the council handled it this year was a very positive thing, and he has heard that from a number of people. Mayor Hurley noted there was an e-mail from Renata Sack highlighting the changes in science and knowledge, the serious effects and things that have been said, speaking more to impacts on the climate change and global warming and to solar geo thermal. Ms. Sack shared a synopsis of an article where 150 Iowa Lutheran churches were going to go green. May 12, 2008 Ordinances to be Adopted continued Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Hart. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4906. Page 12 NEW BUSINESS 127088 - Getty/Hart to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 E. 4th Street Reconstruction & Streetscape Improvements, Contract No. 742, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 127089 - Getty/Hart that plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 E. 4th Street Reconstruction & Streetscape Improvements, Contract No. 742, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127090 - Getty/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-395. 127091 - Getty/Hart that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as June 2, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-396. 127092 - Hart/Reggie Schmitt that communication from City Planner transmitting request to rescind Ordinance No. 4881 and Resolution No. 2007-799 in their entirety due to error in legal description and to set new date of hearing on vacation, sale and conveyance for $1.00 to Iowa Northern Railway Company a portion of East Ridgeway Avenue generally located east of Texas Street, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 2, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-397. ORAL PRESENTATIONS 127093 - Mike Hertges, 1904 Falls Avenue, commented that in the past 5-6 weeks he has had numerous calls from people who had been bow fishing in the city limits in Waterloo who have been stopped by our local law enforcement. They are bow fishing, not bow hunting. Mr. Hertges noted the State of Iowa requires a valid fishing license. You can shoot a bow with a captured reel with 90 pound test line. In his shop, he doesn't sell anything under 120 pound test line. Mr. Hertges noted that bow fishing is a form of bow hunting but you use a bow. You have an arrow, you shoot in a downward motion, there is a string attached to a reel that is captured. You usually shoot basically 5, 6, 10 feet at the very most because you generally can't see the fish farther than that. Mr. Hertges commented that in the past we have had flood waters and back waters and waterways. There are a lot of bow fishermen here in the city who actually participate in the sport. Its legal in Iowa, and its legal in George Wyth State Park. You can bow fish in George Wyth State Park, but you cannot shoot a bow in the city limits of Waterloo. Mr. Hertges noted that a projectile missile cannot be shot in the city limits, but in 1998 an ordinance was adopted that is still on the books, and a bow cannot be shot in the city limits. Mayor Hurley asked if Mr. Hertges is asking council to take up consideration of legalizing bow fishing. e • May 12, 2008 • 1 Oral Presentations continued Page 13 Mr. Hertges passed around a reel with a line attached to it, which is one of the reels they use for bow fishing. Some of them have a canister that has a line wrapped around it. Mr. Hertges noted that this is a very safe sport, and there has never been an accident in Waterloo. Mayor Hurley commented that he will have staff look into Mr. Hertges' request. Councilperson Greenwood asked if George Wyth is within the city limits of Cedar Falls. Mr. Hertges responded yes and that Cedar Falls allows it, Evansdale allows it, and that a lot of the cities do not allow a projectile to be shot in their city, but they do allow bow fishing. Mayor Hurley noted that a couple of years ago because the state of Iowa did not like this pocket out their in George Wyth, the City of Waterloo annexed that land, so east of the bridge is all in Waterloo and our city ordinance would apply so there is not bow fishing legally allowed. Mayor Hurley noted that Cedar Rapids, Dubuque and Des Moines all have ordinances like ours. Mayor Hurley commented that this is something that needs to be taken a look at and we will do that. Mr. Hertges noted that a lot of bow fishermen have been stopped by the DNR, and they don't agree with it. Mike Bonser doesn't agree with it, but he said its a law that has to be enforced. Councilperson Getty extended his warmest respects and get well wishes to Tim Shea, Superintendent of Waste Management Services. Mr. Shea had a heart attack last week, had three stints put in, he is now at home, he is resting comfortably, feeling stronger and the pressure in his chest is gone. Mayor Hurley commented that he expects that Mr. Shea is watching tonight and wanted to let him know that he finished his baseball book while he was on vacation. Mayor Hurley sent his best to Mr. Shea and noted we look forward to his return. Councilperson Steve Schmitt congratulated the Black Hawks on the their season, that it didn't quite turn out like they hoped but pretty darn close. Councilperson Steve Schmitt noted that group of players are really community involved individuals, and he understand that the coach has a lot to do with that. The coach encourages them to get involved in our community and do a lot of nice things around town. The coach also focuses on the scholastic side of things which isn't always a priority in athletics, but everything he has heard about the organization is that it is all first rate. Mayor Hurley noted that he was very interested in the Black Hawks while on vacation, and it was the only long distance call he made. Mayor Hurley encouraged everyone to read the story on the front page of the Courier. It was extremely well written and picks up on Councilperson Steve Schmitt's sentiments. Mayor Hurley noted that these are 16 to 20 year old kids going up against probably five or six future NHLers. Mayor Hurley noted that the council meeting will not be live next week as we will hold our Monday council meeting at Veterans Memorial Hall as we are going to honor our veterans. The council meeting will be taped, then broadcast as soon as we can get back across the river and into our equipment. Reggie Schmitt/Steve Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127094 - Reggie Schmitt/Hart that the council adjourn to Executive Session at 6:59 p.m. Ayes: Six. Absent: Cole. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (j) (2007) . e * May 12, 2008 Page 14 EXECUTIVE SESSION 127095 - Reggie Schmitt/Greenwood that the council adjourn Executive Session at 7:54 Cole. Motion carried. 127096 - Reggie Schmitt/Greenwood p.m. Ayes: Six. Absent: that Community Planning & Development Director be authorized to proceed. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 127097 - Reggie Schmitt/Welper that the Council adjourn at 7:55 p.m. Ayes: Six. Absent: Cole. Motion carried. c/NN.dtj CC'SIL&'it—' Nancy Eckert, CMC City Clerk • •