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CONTRACT PAYMENT SCHEDULE
1. F.Y. 2008 Street Reconstruction, Contract No. 736.
Pay estimate No. 1 to Aspro in the total amount due of$15,465.00.
2. Riverwalk Loop Trail Cedar Bend to Mullan Avenue, Contract No. 714.
Pay estimate No. 13 to Cedar Valley Corporation in the total amount due in the
amount of$6,059.59.
3. 2007 Riverloop Exposition Plaza, Phase 1, Division 2, Contract No. 721.
Pay estimate No. 8 to Cunningham Construction in the total amount due of
$7,630.55.
4. F.Y. 07 Riverview Recreational Trail, Contract No. 726.
Pay estimate No. 2 to Earth Tech in the total amount due of$6,646.25.
5. FY 2008 Big Rock Rd. Bridge Replacement With Culverts Design, Contract No. 739.
Pay estimate No. 1 to Earth Tech in the total amount due of$7,579.42.
6. West Shaulis Road Extension.
Pay estimate No. 3 to Kirkham Michael & Associates in the total amount due of
$16,506.07.
April 28, 2008 Page 7
DOCUMENTS
21. Resolution-to approve communication from City Planner transmitting amendment to
Development Agreement with Elk Run Energy Associates LLC for the construction
and related improvements for a modern electric generating facility, with
approximately $800,000.00 per year excise tax, no tax rebatement or abatement,
provide for extension of utilities for the development, improvements to Newell
, Street, a grant of$150,000.00 for construction of a recreational trail on the east
side, a grant of$400,000.00 to the Highway 63 Gateway Community Development
Corporation for the Highway 63 Corridor, a grant of$100,000.00 for establishment
of Technical Scholarship Fund to assist with post-secondary educational funding
for students in Black Hawk County, etc.
ADJOURNMENT
Nancy Eckert, CMC
City Clerk
MEETINGS
Monday, April 28, 2008
3:40 p.m. -Finance Committee, Council Chambers
PUBLIC INFORMATION
1. Waterloo Public Library Board of Trustees minutes of March 10, 2008 on file in the
City Clerk's office.
2. Northeast Iowa Response Group minutes of March 6, 2008 on file in the City
Clerk's office.
3. Memorial Hall Commission minutes of March 26, 2008 on file in the City Clerk's
office.
4. Waterloo Convention & Visitors Bureau Board minutes of March 25, 2008 on file in
the City Clerk's office.
5. Community Development Board minutes of March 18, 2008 on file in the City
Clerk's office.
6. Communication from Human Rights Director transmitting resignation of Thadine
Graham, Administrative Secretary, effective April 18, 2008, together with
recommendation of approval of payout of$1,271.02 for unused vacation time.
April 28, 2008 Page 6
18. Resolution-to approve communication from General Manager of Waterloo Water
Works transmitting request to certify the amount of$2,280.00 for work performed
4, by the Water Works at 526 Center Street, together with recommendation of
approval of Waterloo Water Works Board of Trustees.
ORAL PRESENTATIONS
Motion-to receive and file oral comments.
Motion-to adjourn to 5:30 p.m.for the hearings on the annexation and rezoning request of
Elk Run Energy Associates, LLC.
Roll Call.
HEARINGS
19. Voluntary annexation of approximately 346.61 acres of property generally located
along Merle Road, north of Newell Street, 3/4 mile east of N. Elk Run Road for
purpose of constructing a 750-megawatt coal-fired electric generation facility and
rescind Resolution No. 2007-332 in its entirety.—Elk Run Energy Associates, LLC
on behalf of property owners.
Motion-to receive and file proof of publication of notice of public hearing.
HOLD HEARING.
Motion-to close hearing and receive and file recommendation of approval of
Planning, Programming and Zoning Commission, letters in favor and opposed,
and oral and written comments.
Motion-to deny applicants' request for waiver of Section 4-3-7(C), Section 5-2-6(A)
and Title 9, Chapter 1, Article B.
yi Resolution-to approve said annexation.
20. 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, 3/ 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--Elk Run Energy Associates, LLC on behalf of property owners.
Motion-to receive and file proof of publication of notice of public hearing.
HOLD HEARING.
Motion-to close hearing and receive and file recommendation of approval of
Planning, Programming and Zoning Commission, letters in favor and opposed,
and oral and written comments.
Motion-to receive, file, consider and pass for the first time.
Motion-to suspend the rules.
Motion-to consider and pass for the second and third times and adopt ordinance,
with ordinance to become effective following publication as required by law and
upon completion of the annexation process for the subject real estate in
accordance with the requirements of Chapter 368 of the Code of Iowa (2007),
which in any event must be completed within six months from the date hereof or
this ordinance shall be void and of no force or effect.
April 28, 2008 Page 5
10. Final Plat of Techworks Addition.
Resolution-to approve final plat and necessary documents.
11. Motion-to approve communication from Associate Engineer transmitting final
breakdown of construction costs for a final contract amount of$3,005,419.51 in
conjunction with F.Y. 2006 U.S. 20/Ansborough Avenue Interchange Project,
Contract No. 667.
12. Resolution-to approve communication from Community Planning & Development
Director transmitting Property Access Agreement for property located at 108
Commercial Street for environmental site assessment as part of the Brownfield
Redevelopment Program in the downtown.
13. Resolution-to approve communication from Assistant City Attorney transmitting
Acknowledgement/Settlement Agreement in the amount of$300.00 with Hy-Vee
Gas, 1512, Flammang Drive,for sale of tobacco, tobacco products or cigarettes to
any person under eighteen years of age.
RESOLUTIONS TO BE ADOPTED
14. Resolution-to approve communication from City Engineer transmitting request of
Grout Museum District to extend the closure of West Park Avenue from Washington
Street to South Street during construction for the Sullivan Brothers Iowa Veterans
Museum for two more months, beginning May 1, 2008.
15. Resolution-to approve communication from Community Planning & Development
Director transmitting request to accept and approve acquisition of property
�j ler generally located at 133 Argyle Street, as granted by court order pursuant to
Section 657A of the Iowa Code.
NEW BUSINESS
16. F.Y. 2006 Donald Street Trail, Contract No. 700.
Motion-to instruct City Engineer to prepare plans, specifications, form of contract,
etc.
Motion-to receive and file plans, specifications, form of contract, etc.
Resolution-to preliminarily approve plans, specifications, form of contract, etc.
'1 Resolution-to instruct City Clerk to publish notice of plans, specifications, form of
contract, etc, and taking of bids. Set date of hearing allay 19, 2008.
17. Resolution-to approve communication from Superintendent of Streets requesting
authorization to seek quotes for various asphalt emulsions/bituminous products
3 c/5 needed for the upcoming oiling, seal coating, chip sealing,fog sealing and crack
sealing programs.
April 28, 2008 Page 4
3. East Park Avenue Parking Garage.
Motion-to receive and file proof of publication of notice of public hearing.
HOLD HEARING—No objections on file.
Motion-to close hearing and receive and file oral and written comments.
Resolution-to confirm approval of plans, specifications, form of contract, etc.
Resolution-to order construction.
Motion-to move date of bid opening to May 5, 2008.
HEARINGS
4. Sale and conveyance of a portion of vacated alley generally located adjacent to
432 James Street for$70.00—Rosalie Fischels.
Motion-to receive and file proof of publication of notice of public hearing.
HOLD HEARING-No objections on file.
Motion-to close hearing and receive and file oral and written comments.
-~ Resolution-to authorize said sale and conveyance.
UNFINISHED BUSINESS
5. 2008 Right-of-Way Mowing.
Resolution-to approve communication from Leisure Services Facilities Manager
transmitting recommendation of award of contract to B & B Lawn Care, Inc. of
3 Waterloo, Iowa at $46.48 per acre for Option A, $46.48 per acre for Option B,
$37.24 per acre for Option C, $48.00 per hour for Option D and $65.00 per acre for
Option E.
DOCUMENTS
6. F.Y. 2007 Recreational Trail - Cedar Bend Park to Mullan Avenue, Contract No.
714.
Motion-to approve communication from Associate Engineer transmitting Change
Order for a net increase in the amount of$23,683.00 for work performed by Cedar
Valley Corporation of Waterloo, Iowa.
7. Resolution-to approve communication from Airport Director transmitting lease
el agreement with Mobile Money, Inc. at a cost of$150.00 per month for the period of
I November 15, 2007- November 14, 2008 to provide an ATM machine at the
Airport.
8. Resolution-to approve communication from Associate Engineer transmitting
Memorandum of Agreement with FHWA, IDOT, and Iowa State Historic
Preservation Office for treatment of houses located at 1252 and 1302 Logan
Avenue.
9. Preliminary Plat of Southland Park 5th Addition.
Resolution-to approve preliminary plat and necessary documents.
April 28, 2008 Page 3
Godfather Pizza, 3811 University Avenue (Renewal) (Expires 4/30/09) (Includes
Sunday Sales)
d. Beer/Wine Permit Application
Special Class C
Main Street Waterloo, Lincoln Park (New) (5/1/08 - 11/1/08)
e. Beer/Liquor License Permit Application
Class C
Flirt's Gentlemen's Club, 319 Jefferson Street (Renewal) (Expires 4/30/09) (Includes
Sunday Sales)
La Chiquita, Inc., 301 East 4th Street (New) (4/29/08-10/29/08) (Includes Sunday
Sales)
f. Outdoor Service Area Application
La Chiquita, 301 East 4th Street
Lost Island Waterpark, 2225 E. Shaulis Road
Main Street Waterloo, Lincoln Park
g. Outdoor Café Application
La Chiquita, 301 East 4th Street
h. Fireworks Display Application
Waterloo Bucks Baseball, 850 Park Road on June 20, 2008
i. Theater License Application
Crossroads 12 Theatre, 2450 Crossroads Boulevard
Mini Cinema 16, 315 E. 4th Street
Fantasy Island Amusement, 1850 W. Airline Hwy
Adult Emporium, 1507 LaPorte Road
j. Bonds.
HEARINGS AND BIDS
2. F.Y. 2008 Sidewalk Repair Program -Zone 8 and Trail Repairs, Contract No. 740.
Motion-to receive and file proof of publication of notice of public hearing.
HOLD HEARING—No objections on file.
Motion-to close hearing and receive and file oral and written comments.
Resolution-to confirm approval of plans, specifications, form of contract, etc.
> : Resolution-to order construction.
Motion-to receive and file and instruct City Clerk to open and read bids and refer to
City Engineer for review.
April 28, 2008 Page 2
Minutes of April 21, 2008, Regular Session, and April 24, 2008 Special Session, as
proposed.
1. Consent Agenda: (The following items will be acted upon by voice vote on a single
motion without separate discussion, unless someone from the council or public
requests that a specific item be considered separately.)
a. Resolutions to approve the following:
1. Resolution-to approve Bills Payment, Schedule AP640, a copy of which is on file
in the City Clerk's office.
2. Communication from City Engineer transmitting request of Bennie Owen for a
,( waiver for a concrete driveway to be located at 1532 Liberty Avenue, together
with recommendation of approval.
3. Communication from City Engineer transmitting request of James Winder for a
waiver for a concrete driveway to be located at 1526 Liberty Avenue, together
with recommendation of approval.
ADD- 4. Communication from Police Chief transmitting request of Main Street Waterloo to
hold Cinco de Mayo event on May 3, 2008 from 3:00 p.m. to 9:30 p.m. and to
close Bluff Street from 2:30 - 9:30 p.m. in the block of West 4th Street between
LaPlacita Grocery Store and the underpass.
b. Motion to approve the following:
1. Brad Walter and Dave Bovy, Police Officers, to attend Midwest Association of
Technical Accident Investigators Conference in Council Bluffs, Iowa on May 4-7,
2008, with costs not to exceed $1,030.64, including use of city vehicle.
2. Greg Erie, Police Officer; and Aaron McClelland, Police Sergeant; to attend Taser
Armorer Course in Des Moines, Iowa on May 7-8, 2008, with costs not to exceed
$780.00, including use of city vehicle.
3. Nancy Gulick, Community Development Coordinator, to attend Iowa Finance
Authority Housing Development Finance Professional Certification Program in Des
Moines, Iowa on May 19-23, 2008, with costs not to exceed $720.00, including
use of city vehicle, including use of city vehicle.
c. Beer License Permit Application
Class B
Lost Island Waterpark, 2225 E. Shaulis Road (New) (5/1/08 - 11/1/08) (Includes
Sunday Sales)
THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, REGULAR SESSION TO BE HELD AT THE
CITY HALL COUNCIL CHAMBERS, 4:00 P.M.
MONDAY, APRIL 28, 2008
CITY OF WATERLOO
GOALS
1. Support economic development efforts that attract, retain and create quality Jobs
resulting in a diverse economic base and increased population.
2. Continue to support implementation of the Downtown Master Plan.
3. Facilitate and promote the development of housing options to meet the needs of current
and future Waterloo citizens.
4. Develop a customer-centered service delivery approach.
5. Seek additional opportunities to share services and resources with other government
entities.
6. Collaborate with statewide elected officials to reduce the burden on local property
taxes.
7. Address the changing public workforce needs in Waterloo.
8. Enhance and protect a diverse,family-oriented community where neighborhoods are
safe and well maintained.
9. Enhance the quality of place opportunities for the citizens of our community.
General Rules for Public Participation
1. You may address any item on the agenda by stepping to the podium, and after recognition by the chair, state
your name, address and group affiliation(if appropriate)and speak clearly into the microphone.
2. You may speak one(1) time per item for a maximum of three (3)minutes.
3. Although not required by city code of ordinances, oral presentations may be allowed at the Mayor's discretion.
The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A
speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be
taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate
department.
4. Keep comments germane and refrain from personal, impertinent or slanderous remarks.
5. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323.
6. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City
Council meeting to appear before the City Council (may also register by phone). Registered speakers will be
given first priority.
Roll Call.
Moment of Silence.
Pledge of Allegiance: Dennis Clark, General Manager of Waterloo Water Works.
Agenda, as proposed or amended.
that can float on a promise from L.S. that someday, something will be done—after the plant is
built.
Health:
The following excerpts are taken from Dr. William M. Stigliani's study.
"Children are especially vulnerable to air pollution because their lungs are immature. Asthma
prevalence and morbidity are higher in children than adults and asthmatics are especially
susceptible to particulate matter pollution. Impacts include respiratory hospital admissions,
decreased lung function, asthma exacerbations, and respiratory symptoms. Asthma
hospitalization rates among African American citizens are 2.5 times higher than the overall
county average, and 40% higher than the state average of hospitalization rates for all African
Americans in the state. African Americans constitute an at-risk subset of the population that is
particuly sensitive to PM air pollutants. For a plant located several miles east of the city of
Waterloo, emission will add to the already high ambient PM concentrations and add to the
already existing risk of pulmonary and cardiovascular disease. "
As the governing body of the city, you are responsible for helping to advance the welfare of the
citizenry. This is made difficult because your oversight must be broad in scope and many times,
as in this instance, you will have to deal with intensely competing interests. Some of these issues
will be economic, some will be social, some will be cultural, some will be environmental, and
some will relate justice, to name a few. Your job is not easy, because you will not be able to
please all of the people all the time, or even some of the time. But what is so vitally important is
that the public's trust is maintained. One way that this can be done is by being willing to listen
to both the majority and the minority views. Another way is to be willing to take a stand that
may be unpopular economically, but morally right, because it will protect members of the
community who are the most vulnerable and the most marginalized.
There are those who will argue that denying the plant will harm economic development. Should
economic gain, if any, come at such a high health cost to thousands of citizens? Is it morally just
to condemn the most vulnerable in our community, the children, the elderly, and those without
the means of adequate health care to life-long diseases and poor quality of life,just for the sake
of economic gain? If we say that we are concerned about the higher incidents of asthma and
other illnesses of African-Americans in the City, then can you as leaders of the City remain
silent?
I am reminded of something Dr. Martin Luther King wrote in his "Letter from a Birmingham
Jail" written on April 16, 1963. He spoke about the difference between a thermometer and a
thermostat . A thermometer takes the temperature of the culture, looking at the whims, ideas,
and principles of popular opinion or what is safe. However, it is the thermostat that sets the
temperature or the standard and is thereby able to transform the environment or culture. In my
opinion, this is the City Council's time to be the thermostat and to set the standard. Lead the
way, set the precedent, do what is right, and deny the plant until such time that foregoing issues
are addressed and solved.
Thank you for allowing me the time to share.
Rev. Dr. Mary E. Robinson
319-240-3195 (Cell)