Snafu puts power plant zoning back on council table
 


May 15, 2007 - Knight Ridder Tribune Business News
Author(s): Tim Jamison


 

May 15--WATERLOO -- A procedural blunder will force Waterloo City Council members once again to vote on the Elk Run Energy Station coal-fired power plant.

 

Council members had voted unanimously last week following a five-hour public hearing to approve annexing land and zoning it for the controversial $1.3 million power plant on the northeast side of the city. But a motion to suspend the rules and vote on the final two readings of the zoning ordinance was mishandled and, at the advice of City Attorney Jim Walsh, must be voted upon again next week. "At the time in the excitement the prevailing side wasn't recognized correctly," Walsh said. While all seven council members supported the zoning change on the first reading, councilmen Harold Getty and Ron Welper voted against suspending normal rules to consider the final two required readings of the zoning ordinance.

While the vote was 5-2 in favor of suspending the rules, such action requires a supermajority, or six council votes to pass. Later in the meeting, Welper said he misunderstood the motion and had intended to vote in favor of suspending the rules. Under Robert's Rules of Order, a member of the "prevailing" side must make the motion to reconsider an item previously rejected, which in this case would have been Getty or Welper. But the motion to reconsider was made by Councilman Reggie Schmitt and seconded by Councilman Eric Gunderson. A motion to pass the second reading of the zoning ordinance and potentially suspend the rules and finalize the matter will be on next week's regular agenda.

But Mayor Tim Hurley said there will not be a repeat of the May 7 hearing, where more than 50 people, mostly power plant opponents, were allowed to speak. "It won't be a hearing because the hearing is closed," Hurley said. Elk Run Energy Associates, a subsidiary of LS Power Development, must still file an application for air quality emissions permits through the Iowa Department of Natural Resources and must also get approval from the Iowa Utilities Board. Both of those government agencies plan to hold local public hearings on the matter. The company is hoping to begin construction in 2008 with plans to be operational in 2012.

Contact Tim Jamison at (319) 291-1577 or at tim.jamison@wcfcourier.com.

 

 


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