HomeMy WebLinkAboutMinutes-05/05/2008• •
May 5, 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 5, 2008. Mayor Timothy J. Hurley
in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie
Schmitt.
Moment of Silence.
Pledge of Allegiance: Sheryl Groskurth, Library Director.
127010 - Reggie Schmitt/Hart
that the Agenda, as proposed, for the Regular Session on Monday, May 5, 2008, at
5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
127011 - Reggie Schmitt/Hart
that the Minutes, as amended, for the Regular Session on Monday, April 28, 2008,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Hurley read a Proclamation declaring May 10, 2008 as Letter Carrier Food
Drive Day.
Mayor Hurley read a Proclamation declaring May 4-10, 2008 as Arson Awareness
Week.
Mayor Hurley presented a letter of commendation to Waste Management Services
staff.
CONSENT AGENDA
127012 - Reggie Schmitt/Welper
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolution to approve the following:
1. Resolution approving Schedule AP640, pp. 1-58, dated May 5, 2008, in the
amount of $323,459.63, 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. 2008-348.
b. Motion to approve the following:
1. Communication from Mayor Hurley transmitting recommendation of appointment
of the Ricardo Uranga, Jr., Carmen Johnson, and Dustin Cox to the Waterloo
Commission on Human Rights, with term expiration date of January 1, 2011.
2. Communication from Superintendent of Traffic Operations transmitting
recommendation of appointment of Doug Eldridge to the position of Traffic
Signal Technician Foreman, effective May 6, 2008.
3. Communication from Superintendent of Traffic Operations transmitting
recommendation of appointment of Harold Thompson to the position of Sign
and Traffic Foreman, effective May 6, 2008.
c. Beer License Permit Application
Class B
My Waterloo Days, 519 Mulberry Street (Lincoln Park) (New) (5/29/08 - 6/3/08)
(Includes Sunday Sales)
My Waterloo Days, 5th Street Bridge (New) (5/29/08 - 6/3/08) (Includes Sunday
Sales)
d. Beer/Wine License Permit Application
Class C
Main Street Waterloo, 300 West 4th Street (Transfer) (5/3/08 - 5/4/08)
1
May 5, 2008
Page 2
Consent Agenda continued
e. Beer/Liquor License Permit Application
Special Class C
Time Sports Bar and Grill, 213 East 5th Street (New) (Expires 5/13/09)
(Includes Sunday Sales)
Olive Garden Italian Restaurant, 1315 E. San Marnan Drive (Renewal) (Expires
5/28/09) (Includes Sunday Sales)
Golden China, 2046 East Ridgeway Avenue (Renewal) (Expires 5/4/09( (Includes
Sunday Sales)
SC Krajisni, 300 West Mullan Avenue (New) (5-9-08 - 5-13-08) (Includes Sunday
Sales)
f. Outdoor Service Area Application
My Waterloo Days at Lincoln Park and 5th Street Bridge
Main Street Waterloo, 300 West 4th Street
g. Fireworks Display Application
My Waterloo Days, 6th Street Bridge on May 30, 2008
h. Bonds.
Ayes: Seven. Motion carried.
HEARINGS & BIDS
127013 - Getty/Hart
to receive, file and instruct City Clerk to open and read bids and refer to
Building Official/Maintenance Administrator for review in conjunction with East
Park Avenue Parking Garage:
Bidder
Western Water Proofing
West Des Moines, Iowa
Truesdale, Corporation
Tempe, Arizona
Aduddell Restoration & Water Proofing
St. Paul, Minnesota
RAM Construction Services
Livonia, Michigan
Ayes: Seven. Motion carried.
HEARINGS
127014 - Reggie Schmitt/Greenwood
e
Bid Bond Alternate A Bid Amount
5% $175,274.14 $1,064,714.61
5% $390,000.00 $1,353,353.00
5% $148,914.00 $1,028,603.06
5% $369,800.00 $1,093,850.00
that proof of publication of notice of public hearing on Issuance of not to
exceed $4,075,000 General Obligation Bonds for Essential Corporate Purposes to
pay costs of acquisition, construction and improvement of real and personal
property useful for the protection of property from floods or high waters,
including flood control, storm water and drainage improvements; construction,
reconstruction and repairing of street, sidewalk and intersection improvements;
the repair and inspection of bridges; acquisition, construction and installation
of storm sewer and sanitary sewer improvements, including lift station and
interceptor improvements; acquisition of vehicles and capital equipment for
Police, Fire Rescue and Street Departments; rehabilitation and improvement of
city parks and acquisition, repair and replacement of park facilities including
bikeway development, sports facilities, boating center and tennis court
improvements and acquisition of off-road maintenance equipment; acquisition,
improvement and installation of traffic control devices, signage, fixtures and
equipment, including traffic signal and street light improvements; acquisition
and improving of automated GIS/GPS mapping system, as published in the Waterloo
Courier on April 23, 2008, be received and placed on file. Ayes: Seven.
Motion carried.
• •
• •
May 5, 2008 Page 3
Hearings continued
127015 This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Reggie Schmitt/Greenwood
that the hearing be closed. Ayes: Seven. Motion carried.
127016 - Reggie Schmitt/Greenwood
that "Resolution instituting proceedings to take additional action for issuance
of said bonds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-349.
127017 - Reggie Schmitt/Greenwood
that proof of publication of notice of public hearing on Issuance of not to
exceed $3,090,000 General Obligation Bonds for Essential Corporate Purposes to
pay costs of aiding in the planning, undertaking and carrying out of urban
renewal project activities and Urban Renewal Plans for the San Marnan Urban
Renewal Area, the Logan Tax Increment Redevelopment Area, the Rath Tax Increment
Redevelopment Area, the Martin Road District, and the Downtown Waterloo
Riverfront Urban Renewal and Redevelopment Area, including downtown master plan
development, property acquisitions, demolition and clearance for public and
private redevelopment, incentive payments relating to acquisition and private
redevelopment of properties within such areas; the construction, repair and
improvement of East Park Avenue and Commercial Street Parking Ramp facilities;
and the repair and renovation of the Public Market buildings, as published in
the Waterloo Courier on April 23, 2008, be received and placed on file. Ayes:
Seven. Motion carried.
127018 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Reggie Schmitt/Greenwood
that the hearing be closed. Ayes: Seven. Motion carried.
127019 - Reggie Schmitt/Greenwood
that "Resolution instituting proceedings to take additional action for issuance
of said bonds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-350.
127020 Steve Schmitt/Welper
that proof of publication of notice of public hearing on Issuance of not to
exceed $690,000 General Obligation Bonds for General Corporate Purposes to pay
costs of reconstruction, renovation and improvement of Riverfront Stadium, Young
Arena, the Center For The Arts and Youth Pavilion, as published in the Waterloo
Courier on April 23, 2008, be received and placed on file. Ayes: Seven.
Motion carried.
127021 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Lawrence Wheeler, 433 Bratnober, expressed his opposition to use of bonds for
improvements at the golf courses, Young Arena and the Five Sullivan Brothers
Convention Center. Mr. Wheeler noted that he doesn't golf, play hockey or
baseball and doesn't want the city to subsidize things he doesn't use. Mr.
Wheeler noted he feels these programs need to be able to pay for themselves and
not be subsidized with bond funds. Mr. Wheeler noted that he complained once
before about golf turf equipment being purchased with general funds and had
asked the question if the golf courses made sufficient money to pay for the
equipment. Mr. Wheeler noted he feels funding for Five Sullivan Brothers
Convention Center needs to be cut off, or they need to aggressively search for
events so it pays for itself. Mr. Wheeler noted he is opposed to the pervert
who will be performing in concert at Young Arena during the My Waterloo Days
event.
Mayor Hurley explained that no taxpayer money is going toward the concert.
May 5, 2008
Page 4
Hearings continued
Mr. Wheeler noted there will be the basic use of the structure, utilities and
paying people to clean up afterwards.
Paul Huting, Leisure Services Director, noted that the city uses bond money to
purchase equipment for all golf course operations. Michelle Weidner, Chief
Financial Officer, noted that it is not general fund.
Steve Schmitt/Welper
that the hearing be closed and oral comments be received and placed on file.
Ayes: Seven. Motion carried.
127022 - Steve Schmitt/Welper
that "Resolution instituting proceedings to take additional action for issuance
of said bonds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-351.
127023 - Steve Schmitt/Welper
that proof of publication of notice of public hearing on Issuance of not to
exceed $600,000 General Obligation Bonds for General Corporate Purposes to pay
costs of to pay costs of acquisition of equipment, computer and other technology
upgrades, office equipment and vehicles for various city departments, operations
and buildings; and reconstruction and improvement of golf courses and
acquisition of maintenance equipment for same, as published in the Waterloo
Courier on April 23, 2008, be received and placed on file. Ayes: Seven.
Motion carried.
127024 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Steve Schmitt/Welper
that the hearing be closed. Ayes: Seven. Motion carried.
127025 - Steve Schmitt/Welper
that "Resolution instituting proceedings to take additional action for issuance
of said bonds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-352.
127026 Steve Schmitt/Welper
that proof of publication of notice of public hearing on Issuance of not to
exceed $585,000 General Obligation Bonds for General Corporate Purposes to pay
costs of reconstruction, remodeling, improvement and repairing of various city
buildings and facilities, including Five Sullivan Brothers Convention Center,
Central Garage, Fire Stations, Public Library and swimming pools, as published
in the Waterloo Courier on April 23, 2008, be received and placed on file.
Ayes: Seven. Motion carried.
127027 This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Steve Schmitt/Welper
that the hearing be closed. Ayes: Seven. Motion carried.
127028 Steve Schmitt/Welper
that "Resolution instituting proceedings to take additional action for issuance
of said bonds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-353.
• •
• •
May 5, 2008
UNFINISHED BUSINESS
Page 5
127029 - Welper/Reggie Schmitt
that communication from Associate Engineer transmitting recommendation of award
of contract in the amount of $783,274.00 to Prairie Construction Co., Inc. of
Waterloo, Iowa in conjunction with F.Y. 2008 Public Market Building, Contract
No. 738, be received, placed on file and "Resolution approving award of said
contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-354.
DOCUMENTS
127030 - Welper/Reggie Schmitt
that communication from Associate Engineer transmitting Contract, Bond and
Certificate of Insurance in the amount of $783,274.00 with Prairie Construction
Co., Inc. of Waterloo, Iowa in conjunction with F.Y. 2008 Public Market
Building, Contract No. 738, be received, placed on file and "Resolution
approving said documents", be adopted and Mayor and City Clerk authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-355.
127031 - Welper/Reggie Schmitt
that communication from Leisure Services Director transmitting Contract, Bond
and Certificate of Insurance with B&B Lawn Care, Inc. of Waterloo, Iowa in
conjunction with 2008 Right -of -Way Mowing, be received, placed on file and
"Resolution approving said documents", be adopted and Mayor and City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-356.
127032 - Welper/Reggie Schmitt
that communication from Associate Engineer transmitting Change Order No. 1 for a
net decrease in the amount of $89,200.00 with Prairie Construction Co., Inc. of
Waterloo, Iowa in conjunction with F.Y. 2008 Public Market Building, Contract
No. 738, 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.
Councilperson Greenwood asked if by decreasing part of the project because of
the cost will we lose some of the aesthetics, value of the building or street
affects and are we sure we want to do that.
Mayor Hurley responded its not anything we want to do, its something that we
have to do. We have no more money, we don't get anymore from CAT and the WDC
doesn't have any money and its jointly funded that way. This was a decision of
the WDC board in which the city has membership, along with the architect's
recommendations that this is what we had to do to get within budget.
Aesthetically, one could argue if it is going to make a difference. It
certainly won't hurt the needed functionality of the building, and we will have
provision to go in later on if we have the funding to do that.
Councilperson Getty inquired if we took the $89,000.00 out of the price of all
the other bidders was Prairie still the low bid. If we decrease $89,000.00 from
the second bid, does that still make Prairie the low bidder. Mayor Hurley
responded he believes it would, if you subtract the amount from both bidders it
would be the same, that common sense would say it would be but he can't
guarantee that, but it is something we will look into.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
May 5, 2008 Page 6
Documents continued
127033 - Hart/Greenwood
that communication from City Planner transmitting request of David Palmer for
tax exemptions on improvements totaling $94,339.00 for property located at 305
Cottage Street located in the Consolidated Urban Revitalization Area, together
with recommendation of approval, be received, placed on file and "Resolution
approving said request", be adopted and City Clerk instructed to notify Black
Hawk County Assessor of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-357.
127034 - Hart/Greenwood
that communication from Community Planning & Development Director transmitting
agreement with Iowa Department of Natural Resources for Iowa Low -Head Dam Safety
Cost -Share grant in the amount of $50,000.00, with no required city match, to
construct portage trail and landing/launches in Downtown and retaining walls
around dams near Park Avenue and 6th Street, 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 Steve Schmitt noted he owns one of the buildings in the area that
is going to be affected by the portage and some of the things that they are
doing in that area. Councilperson Steve Schmitt noted he had a conversation
with City Attorney Jim Walsh last week, and Mr. Walsh said that that is not city
money so he would not need to abstain from voting.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-358.
127035 - Hart/Greenwood
that communication from Community Planning & Development Director transmitting
Development Agreement with Avita Developments LLC to develop an 18,000 sq. ft.
medical office building, with a new minimum taxable value of $2,500,000.00, on a
6.5 acre site generally located at the northwest corner of Donald Street and
East 4th Street just behind the Logan Plaza Shopping Center and tax rebates for
two years at 100 percent, 3rd year at 74 percent, and last five years at 50
percent, 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 complimented Dr. Sundaram on the development behind Logan
Plaza. Mayor Hurley commented that it is a great location and a great project.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-359.
127036 - Hart/Greenwood
that communication from Community Planning & Development Director transmitting
amendment to Master Development Agreement with NCN Limited Company for the
redevelopment of the former Winterbottom Supply Building at 25 Westfield Avenue
to allow seven year tax rebates without full value in place, on a partial value
and further development occurring beyond original completion date will be
eligible for no more than seven years, be received, placed on file and
"Resolution approving said amendment", be adopted and Mayor and City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-360.
• •
•
•
1 •
May 5, 2008
RESOLUTIONS TO BE ADOPTED
127037 - Hart/Greenwood
Page 7
that "Resolution moving the Monday, May 19, 2008, city council meeting to
Veterans Memorial Hall at 655 Cedar Street", be adopted and City Clerk
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-361.
ORDINANCES TO BE ADOPTED
127038 - Greenwood/Reggie 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 second
time 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, % 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 that the hearing is closed, but we will entertain
comments from those who have not spoken before, those who have something new to
say and those representing a group we have not heard from before.
Jerry Thornsberry, 704 Sheridan Road, explained that she did research on some of
the applicants' answers to three questions asked of the council last week. She
checked with the DNR about ambient air standards and possible deterrent to
future growth in the Northeast Industrial area. The lead air dispersion modeler
for the Air Quality Bureau e-mailed her the following response. It is not
unusual for a facility to use all of the available NAAQS or increment. The DNR
does not limit the percentage that can be consumed by an individual facility.
Ms. Thornsberry commented that this seems to be a worthwhile consideration for
any future economic development in Waterloo. Ms. Thornsberry commented
regarding the railroad connector they say in the application that coal is coming
from the Powder River Basin in Wyoming, but the applicant kept talking about
coal coming in from east or south tracks. It follows though that if the coal is
coming from the west that we are going to need a rail connector, and that means
that the city will be involved in negotiating the easements for that railroad
connector. Ms. Thornsberry noted the fugitive dust from trucks was asked about,
and the applicant was correct when he said that they were only responsible for
the fugitive dust on their plant site. What is important is that the applicant
is not responsible for fly ash dust escaping off the trucks on their way to the
quarry once they leave the plant. The transportation company that owns the
trucks is responsible. Ms. Thornsberry commented that the question for the city
is how will you monitor the escaping ash. Ms. Thornsberry noted that last
year's council committed that this land will be deannexed in a timely manner if
LS Power does not apply for their permits or if the IUD or DNR refuses to permit
them, and she asked if this is the explicit intent of this council, and if so it
would be good to state this intent for the record.
Dale Willie, 2648 Saratoga Drive, noted that under the Constitution of the
United States of America, "government is by the people, for the people and of
the people". Mr. Willie commented that it is apparent to him that this is
government by big government for big business And special interest groups. Mr.
Willie reminded council and mayor to remember those who elected them, the
people, and asked if those are the same people being heard. Mr. Willie noted he
would like to put into action a plan, if it is possible, by the city attorney,
and he asked if there is a plan by which the people of the City of Waterloo can
impeach city government officials.
Dave Zellhoefer, Assistant City Attorney, responded that is always possible, but
he didn't think it was something to discuss at this meeting, and he is not
allowed to give advice to folks on rendering the city asunder. Mr. Zellhoefer
noted he represents the council and the mayor, but he could point Mr. Willie in
the right direction. Mayor Hurley recommended Mr. Willie visit the Code of
Iowa.
Mr. Willie noted he does not want to hear and keep hearing that this city is the
armpit of the State of Iowa. Mr. Willie commented lets do something right and
lets keep this out of Waterloo, Iowa.
May 5, 2008
Page 8
Ordinances to be Adopted continued
Lawrence Wheeler, 433 Bratnober, said he is in favor of the coal plant. Mr.
Wheeler noted he was exposed to burning coal when he lived in Kansas, and he has
had no ill effects, but he does have some health problems because of the pork
that he consumed when Rath was open. Mr. Wheeler noted that LS Power asked for
a waiver to the Uniform Building Code regarding upkeep of the property. Mr.
Wheeler commented that if LS Power builds the coal plant, they are required to
abide by the municipal codes, keep up their property and not have blighted
conditions. Mr. Wheeler noted that on Fairview and Park Road, there are
blighted conditions by MidAmerican Energy because on the backside of the
property inside the fence there is a railroad spur that they tore up. There are
scattered railroad ties inside the fence and all the transformer stations.
There needs to be a grass and burrow barrier of trees and shrub so people
driving along Park Road don't have to see the eyesore of the transformers and
the substation itself and all that junk they store back behind the building. In
the front of the MidAmerican building, there is dead growth that has not been
removed because dogs have urinated on the bushes and killed the plants. There
are trees where the tops are missing, and that does not look aesthetically
right. If council is going to require LS Power to keep its site clean and
beautiful, we need to hold the same standards true to MidAmerican.
Ruth Walker, Cedar Falls, noted she was looking for the emission comparisons
because so much has been brought up about it and its kind of hard to find it
especially for the PM 2.5, the 2% micron stuff that is microscopic and gets into
people's lungs, especially children. Ms. Walker explained she found a score
card dated 2005 from the pollution information site. The emissions for John
Deere Component Works, 400 Westfield, was 64 tons; University of Northern Iowa,
23rd; the College was 57 tons; Streeter Station, Cedar Falls Utilities was 2
tons. Ms. Walker noted that looking to see what sort of a mess that the Elk Run
energy station would leave for future generations, she found at Sycamore and Elm
Street there is still constrictions with the EPA on the Waterloo Sycamore Street
coal gas at Sycamore and Elm. This was a coal plant that was built in 1901 and
operated until 1956 so we are not talking about a short term. If it goes for 40
to 60 years, which is usually the term of a coal station, there will be a big
mess to clean up later. Ms. Walker noted that Waterloo has received a lot of
money from the EPA, especially since 2000 with the Brownfields grants. Every
grant tells why the EPA gave the money. The community description on the one
from 2006 says the City of Waterloo was selected to receive two Brownfields
assessment grants located in Northeast Iowa. Waterloo, population 68,747, was
once known as the factory city of Iowa. Before the 1980s, the largest employers
manufactured farm and construction machinery and packaged meat. Downsizing and
business closings caused this investment in the downtown, industrial and
commercial facilities and housing stop. The medium income in and surrounding
the target area is less than half of that of the rest of Waterloo at about half
that of the State. Under employment is a major problem, nearly 33 percent of
residents surrounding the project area are minorities. About 100 Brownfields
exist in several areas of this city and many of the Brownfields in the downtown
area have the potential of inhibiting redevelopment opportunities. There are 54
underground storage tanks and 16 leaking underground storage tanks in the target
area. Brownfields have contributed to urban sprawl on prime farmland but
declining population, economic stagnation, environmental concerns and
environmental justice issues. When Brownfields are assessed, they will be
cleaned up and used for new businesses and entertainment development and for the
creation of a recreational trail adjacent to the Cedar River. Brownfields
redevelopment will stimulate economic development, create additional employment,
allow business expansion, decrease environmental contamination, increase tax
revenue and reduce consumption of farmland. Ms. Walker reminded council they
got the money to reduce consumption of farmland.
Linda Shatzer commented she has a letter from Reverend Michael Blackwell, and he
so eloquently outlines the things that we have all been saying and she just
wanted to make sure that council received a copy of his letter. Ms. Shatzer
asked the council not to suspend the rules and vote on this a third time so
everyone has a chance to digest all this information.
Betty Seamans, 7422 Independence Avenue, asked Mayor Hurley to clarify the
comments he made in his summation following last week's LS Power merchant coal
plant proposal. Ms. Seamans commented that Mayor Hurley referred to mold and
rat infestation in the homes of African Americans in our community as possible
causes for the high rate of asthma and pulmonary disease among our African
American children and their families.
• •
May 5, 2008
Page 9
Ordinances to be Adopted continued
Ms. Seamans asked Mayor Hurley to cite his source for this information and to
explain that whatever the root of this health hazard why he would continue to
support compounding the situation with the coal plant on the northeast side of
our community against the recommendations of the Black Hawk County Board of
Health.
LaTonya Graves, 607 East Donald Street, and Secretary to the Black Hawk County
NAACP branch read a letter from Sharon A. Goodson, President. Regarding Mayor
Hurley's statement to the council members on April 28, 2008, members heard Mayor
Hurley extrapolate ostensibly from a study from the Centers for Disease Control
and Prevention dated 2000 that asserted that potential sources that aggravate
asthma indoors are mold, pets or pests, vermin, insects, bacteria and dust mites
Outdoor exposure to ozone, sulfur dioxide and particular matter also
contributes. In the 2002 study called "Air of Injustice: African Americans and
Power Plant Pollution", the Black Leadership Forum states that African Americans
are at risk for power plant pollution. Furthermore, it reports that asthma
sends African Americans to the emergency room at three times the rate of whites.
The report is about the exacerbation of asthma caused by air pollutants, so it
sticks to the subject and does not regress as Mayor Hurley did with emphasis on
allergens indoors in African American residences. The issue is not what causes
asthma for humans but rather what direct link there is between pollutants from
coal fire plants and asthma. Ms. Graves noted that they are aware that Mayor
Hurley's statements were read from a report, but some in the African American
community and asthma suffers generally perceive his remarks as characterizing
African Americans as unclean and unkempt people, and Mayor Hurley's remarks were
insulting, demeaning and insensitive, especially as a civic leader in a
community that has a critical mass of African Americans. They believe they were
prejudicial and tangential to the relevant concerns.
Rich Kurtenbach noted he was in Marshalltown this past week when the Utility
Board addressed that power plant proposal. Mr. Kurtenbach noted he was quite
surprised how in depth the people with the Utility Board take their
responsibilities. They look into and do the due diligence of the health,
environmental and economic impact. Mr. Kurtenbach conveyed to the council that
the decisions they make here are going to be more scrutinized at another level
than what citizens have been able to do here locally due to due diligence.
Councilperson Hart commented that he received only about two calls in relation
to the statement read by the NAACP. Councilperson Hart commented that he
received a phone call early Sunday morning from Kenneth Showers about railroad
traffic and the improvements to the rail lines and how that is going to be
impacted by the flow of cars from and to the coal plant, and that the rails have
not been improved in 50 years or so.
Mayor Hurley noted he will respond in writing to Ms. Goodson, LaTonya Graves and
Councilperson Hart.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Nays: Hart. Motion carried.
127039 - Greenwood/Welper
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.
NEW BUSINESS
127040 - Reggie Schmitt/Steve Schmitt
to instruct Contracts and Grants Coordinator to prepare plans, specifications,
form of contract, etc. in conjunction with General Obligation Bond Demolition,
Contract No. 157 -D -GO -05-26-08, be received, placed on file and approved. Ayes:
Seven. Motion carried.
127041 - Reggie Schmitt/Steve Schmitt
that plans, specifications, form of contract, etc. in conjunction with General
Obligation Bond Demolition, Contract No. 157 -D -GO -05-26-08, be received and
placed on file. Ayes: Seven. Motion carried.
May 5, 2008
New Business continued
Page 10
127042 - Reggie Schmitt/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-362.
127043 - Reggie Schmitt/Welper
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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-363.
127044 - Reggie Schmitt/Steve Schmitt
to instruct Leisure Services Director to prepare plans, specifications, form of
contract, etc. in conjunction with 2008 Lafayette Park Renovation Project, be
received, placed on file and approved. Ayes: Seven. Motion carried.
127045 - Reggie Schmitt/Steve Schmitt
that plans, specifications, form of contract, etc. in conjunction with 2008
Lafayette Park Renovation Project, be received and placed on file. Ayes:
Seven. Motion carried.
127046 - Reggie Schmitt/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-364.
127047 Reggie Schmitt/Welper
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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-365.
127048 - Reggie Schmitt/Steve Schmitt
to instruct Airport Director to prepare plans, specifications, form of contract,
etc. in conjunction with General Aviation Apron and Taxilanes Rehabilitation -
Phase II at Waterloo Regional Airport, be received, placed on file and approved.
Ayes: Seven. Motion carried.
127049 Reggie Schmitt/Steve Schmitt
that plans, specifications, form of contract, etc. in conjunction with General
Aviation Apron and Taxilanes Rehabilitation - Phase II at Waterloo Regional
Airport, be received and placed on file. Ayes: Seven. Motion carried.
127050 Reggie Schmitt/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-366.
• •
May 5, 2008
New Business continued
Page 11
127051 - Reggie Schmitt/Welper
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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-367.
127052 Reggie Schmitt/Steve Schmitt
to instruct City Engineer to
with Sidewalk Assessments
Reconstruction & Streetscape
on file and approved. Ayes:
127053 - Reggie Schmitt/Steve Schmitt
prepare plans, specifications, etc. in conjunction
in Conjunction with F.Y. 2008 E. 4th Street
Improvements, Contract No. 742, be received, placed
Seven. Motion carried.
that "Resolution fixing values of lots",
Resolution adopted and upon approval
127054 - Reggie Schmitt/Welper
be adopted. Ayes: Seven.
by Mayor assigned No. 2008-368.
that preliminary plat and schedule of assessments, plans, specifications,
estimate of cost, etc. in conjunction with Sidewalk Assessments in conjunction
with F.Y. 2008 E. 4th Street Reconstruction & Streetscape Improvements, Contract
No. 742", be received and placed on file. Ayes: Seven. Motion carried.
127055 - Reggie Schmitt/Welper
that "Resolution adopting preliminary plat and schedule, etc.
with Sidewalk Assessments in Conjunction with F.Y. 2008
Reconstruction & Streetscape Improvements, Contract No. 742", be
Seven.
in conjunction
E. 4th Street
adopted. Ayes:
Resolution adopted and upon approval by Mayor assigned No. 2008-369.
127056 - Reggie Schmitt/Welper
that "Resolution of Necessity setting date of hearing as May 27, 2008, at 5:30
p.m. in the City Hall Council Chambers on Sidewalk Assessments in Conjunction
with F.Y. 2008 E. 4th Street Reconstruction & Streetscape Improvements, Contract
No. 742", be adopted and City Clerk instructed to publish notice of same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2008-370.
ORAL PRESENTATIONS
127057 - Thomas Huff, 707 Hall Avenue, noted number 4 on the council agenda under general
rules for public participation asks that we keep comments germane and refrain
from personal and impertinent or slanderous remarks. Mr. Huff noted a document
was sent to the mayor and city council, which does not speak for everyone at
Community Energy Solutions. Mr. Huff noted people get frustrated and some times
they misstate themselves and say things they don't mean but nobody was really
going out of the way to hurt anybody. Mr. Huff noted he feels to mention the
name of the person who had sent the document was rather slanderous, then to blow
it out of context was equally bad. Mr. Huff commented he thinks the person who
blew that out of context owes them a public apology. Mr. Huff noted when this
is over, he is sure we will all be friends, but this is no way to make friends
with the people who pay to run this city.
Josh Wilson, 4410 Hoff Road, noted that on Wednesday, March 26, 2008 he had an
interview with the Human Rights Commissions nominating committee on his
appointment to the Waterloo Human Rights Commission. Less than a week later, he
was informed by a few commission members that his name, along with two others,
was being sent to the mayor for appointment. On April 28, 2008 he was informed
that today his name would have been on the agenda for appointment to the Human
Rights Commission, but he understands there was controversy. Mr. Wilson
commented he would like to ask Director Meeks if his name was in fact sent to
the mayor for approval, and if it was, why was he rejected.
May 5, 2008
Page 12
Oral Presentations continued
Mayor Hurley responded that it was sent to him and all council members. Mayor
Hurley noted that he suggests names for the boards and commissions and council
approves them. The Human Rights Commission vet the number of applicants and
sent over the first three. Mayor Hurley noted it was clear that Mr. Wilson's
name in his first wash through had no support so we went to the next name, and
he then asked Mr. Meeks for another recommendation. Mayor Hurley commented that
Mr. Wilson will have to deal individually with each of the council members.
Mayor Hurley noted that is just some of the things that happen with appointments
and political life, although he doesn't even want to call this political. Mayor
Hurley commented he does not know why there was no support from the council, but
if Mr. Wilson is interested he should contact them individually.
Councilperson Hart commented that he has worked with Mr. Wilson before, and he
would have had his support. Councilperson Hart noted that he wanted to let the
record state that it did not come before the council. He cannot speak for
anyone else on the council, but he will speak for himself.
Mayor Hurley noted he will correct that it did come before the council because
all council members received a copy. Mayor Hurley noted that by the time he
heard four council members say no support, there was no point in moving it
forward.
Lawrence Wheeler, 433 Bratnober, asked when they do the reconstruction are they
going to eliminate the parking on Fourth Street and will they do that in
segments because there is a business that he patronizes quite a bit, the Red
Apple Chinese. Mayor Hurley responded that is on the west side, and the west
side will be overlaid with asphalt, but it will only take a couple of days.
Mr. Wheeler noted there was a beer garden approved for My Waterloo Days, and he
opposes public intoxication and requests that the Chief have officers at the
Waterloo Days events and have a check lane. A breathalyzer and write DUI tickets
for people who are intoxicated. Mr. Wheeler noted he agrees with the comment
about the pervert at that concert. Mr. Wheeler asked when the council meeting
is moved to 655 Cedar Street is that building equipped to handle televising the
meeting or will that meeting be a closed non-public access. Mayor Hurley
responded it is an open meeting. Everyone is welcome. It will not be live
broadcast, but we will tape it and as soon as the meeting is over it will go
out.
Mr. Wheeler noted he would like to see a proclamation for the NAACP to recognize
the birth of Malcolm X. Malcolm X was a civil rights activist and agitator, who
was assassinated a year before Martin Luther King. Mr. Wheeler noted he would
like to see the 4th Ward have a street named after Malcolm X, and he will leave
that up to African American community to ask which one they would want to
rename.
Pam Echeverria, 4213 Cherrywood Drive, Cedar Falls, commented that she believes
Councilperson Hart was unfairly singled out at last week's council meeting when
asked about campaign contributions that may have been made by people who are
opposed to the power plant. Ms. Echeverria noted if you look at the campaign
discloser site, you will find the $150.00 which totaled the contribution from
people that some may have found objectionable. Ms. Echeverria noted that far
greater amounts have been contributed to all of the campaigns of all the council
members and the mayor by people who publicly support this plant.
David Meeks, Director of Human Rights, reported the Federal Aviation Association
anticipates lots of retirements in the next three years, and in order to upset
this they are recruiting youth ages 18 - 31 with a high school diploma to attend
their aircraft controller school. Within three years, graduates earn up to
$100,000.00 at towers across the U.S., including Iowa. Additional information
is available at the Human Rights Commission at 291-4441 or log on to
www.faa.gov.
Councilperson Steve Schmitt apologized to some of the other council members for
voting no on suspension of rules. Councilperson Steve Schmitt commented he
would very much like to be viewed as a team player on this council, but it just
seems to him there is a reason why we have three readings. Councilperson Steve
Schmitt noted he had a conversation with the City Attorney last week about this,
and asked him why we do these kind of things, and the City Attorney said there
is a reason why the state code has three readings for things. Councilperson
Steve Schmitt stated when we are talking about possibly buying a lawn mower or
some other minor item to waive those readings and kind of move on seems like a
reasonable thing.
• •
• •
May 5, 2008
Page 13
Oral Presentations continued
But when this is the largest endeavor to come before the Waterloo city council,
to waive it through like that just did not seem to be a responsible thing to do
from his view. Councilperson Steve Schmitt noted he enjoyed the presentation
last week, he learned a lot from both sides, and he complimented folks who were
willing to come and sit for that long period of time. Councilperson Steve
Schmitt noted he heard a lot of things last week that he had not heard before,
and he heard things tonight he had not heard before. Councilperson Steve
Schmitt noted that most all of us read the article in last Thursday nights
Courier about the interstate power plant in Marshalltown being approved by the
IUD with some requirements on it, and by Friday morning he heard rumors that
those requirements were for Marshalltown because that is a public utility but
those would not be applied to LS Power because LS Power is a private, for profit
organization, so therefore, that was not being responsible to the citizens of
Waterloo that we would have a different list of requirements than what they have
in Marshalltown. Councilperson Steve Schmitt noted he contacted the IUD and put
that question to David Lynch, who is the general counsel for the Iowa Utilities
Board, and received this today. Dear Mr. Schmitt, the statutory for Iowa Code
Section 476A-6 are the same for a utility plant or merchant plant. However, the
final outcome for each application depends not only on the statutory criteria
but also on the unique facts and circumstances of each case. This is likely to
be especially true if LS Power files this application since it would be the
first merchant coal plant application viewed by the board. Because this would
be the case of first impression, we really can't predict how the case will play
out; that is, whether there might be some conditions or what they might be.
Councilperson Steve Schmitt noted he wanted to share with everybody as to why he
voted not to suspend the rules tonight.
Reggie Schmitt/Greenwood
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
127058 - Welper/Reggie Schmitt
that the Council adjourn at 6:55 p.m. Ayes: Seven. Motion carried.
Nancy Eckert, CMC
City Clerk