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HomeMy WebLinkAboutMinutes-05/01/2006May 1, 2006 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 1, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: 123404 - Schmitt/Kincaid 123405 - Councilperson Reggie Schmitt. that the Agenda, as proposed, for the Regular Session on Monday, May 1, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Schmitt/Kincaid that the Minutes, 2006, at 5:30 p.m., Mayor Hurley read Prevention Month. CONSENT AGENDA 123406 - Schmitt/Cole as proposed, for the Regular Session on Monday, April 24, be accepted and approved. Ayes: Seven. Motion carried. a Proclamation declaring May 2006 as Adolescent Pregnancy 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. 1-70, dated May 1, 2006, in the amount of $1,970,701.71, 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. 2006-351. 2. Communication from City Engineer transmitting request of Joshua Hubrig for a waiverfor a concrete driveway to be located at 4170 North Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-352. 3. Communication from Police Chief transmitting request of Rolling Thunders® Inc., Iowa Chapter #1 to hold Prisoner of War -Missing in Action Recognition Day on September 15, 2006 from 6:30 p.m. - 7:30 p.m. at Veterans Memorial Hall and Soldiers and Sailors Park and to block off Cedar Street between West 4th and West 5th Streets. Resolution adopted and upon approval by Mayor assigned No. 2006-353. 4. Communication from Police Chief transmitting request of Cedar Bend Humane Society to hold Dollars for Dogs event on May 20, 2006 from 11:00 a.m. - 3:00 p.m. at Hammond and Ridgeway Avenues, the Six Corners and Ansborough Avenue and Black Hawk Road. Resolution adopted and upon approval by Mayor assigned No. 2006-354. b. Motion to approve the following: 1. Greg Bagsby, Rehabilitation Specialist, to attend NITON XRF Training on Lead -Based Paint Detection in Minneapolis, Minnesota on May 10-11, 2006, with costs not to exceed $289.00, including use of city vehicle. 2. Shane Schellhorn, Firefighter, to attend Extreme Public Education Edition Makeover in Lawrence, Kansas on June 12-15, 2006, with costs not to exceed $795.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Diamond Daves Crossroads, 124 Crossroads Boulevard (Renewal) (Expires 5/14/07) (Includes Sunday Sales) Crystyles, 726-728 Logan Avenue (New Owner) (Expires 4/23/07) (Includes Sunday Sales) May 1, 2006 Consent Agenda continued d. Vehicle For Hire Business License Application Kips Yellow Cab Inc., 110 West 14th Street e. Theater License Application Mini Cinema 16, 315 East 4th Street f. Secondhand Goods Dealer License Application 1205 E. San Marnan Drive g. Bonds. Ayes: Seven. Motion carried. HEARINGS 123407 - Greenwood/Cole Page 2 that proof of publication of notice of public hearing on proposed 2nd Amendment to Section 108 Loan Guarantee/BEDI Grant Application for the Cedar Valley Riverfront Renaissance Project, as published in the Waterloo Courier on April 25, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123408 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed and recommendation of approval of Community Development Board be received and placed on file. Ayes: Seven. Motion carried. 123409 — Greenwood/Cole that "Resolution approving said amendment and authorizing submission to U.S. Department of Housing and Urban Development", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-355. PETITIONS FROM PUBLIC 123410 Getty/Cole that communication from City Planner transmitting request of Cedar Valley. Imaging Center for a minor site plan for property generally located at the southwest corner of San Marnan Drive and Johnathan Street, just west of the Tower Park office complex, to build approximately 7,000 sq. ft. addition to exiting building, be received, placed on file and "Resolution approving said minor site plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-356. REPORTS 123411 - Gunderson/Welper that communication from Waterloo Water Works General Manager transmitting Calendar Year 2005 Audit, be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 123412 - Cole/Schmitt that communication from General Manager of Waterloo Water Works transmitting Release of Real Estate Mortgage with Tim W. and Cathy L. Van Den Berg for 9443 Kimball Avenue for payment of Promissory Note and Mortgage as part of the Kimball South Rural Water Main Project, be received, placed on file and "Resolution approving said release of real estate mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-357. May 1, 2006 Documents continued 123413 - Cole/Schmitt Page 3 that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 with Chasers Pub, 3005 University Avenue, for selling tobacco, tobacco products or cigarettes to any person under eighteen years of age, be placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-358. 123414 - Cole/Schmitt that communication from Associate Engineer transmitting agreement with Union 'Pacific Railroad Company for construction and maintenance of recreational trail/railroad surface crossing along with needed permanent right-of-way easement in conjunction with F.Y. 2006 Riverwalk Loop Trail - East 6th to 18th (Vinton Street), Contract No. 696, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-359. 123415 - Cole/Schmitt that communication from Mayor Tim Hurley transmitting confidentiality agreement with Deere & Company and the Greater Cedar Valley Alliance relating to the Cedar Valley Tech Works Project, be received, placed on file and "Resolution approving said confidentiality agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley explained the confidentiality agreement is not to keep anything from the taxpayers. The city is working with the Cedar Valley Alliance and Deere & Company on the property known as the Tech Works. When done, it will entail the transfer of property from Deere to the Tech Works organization, and in going through that process there is business information that has to be known by the parties but could be harmful to Deere should it get out into the public. Once any of the documents are filed with state or federal agencies then they would be public documents, but while we are in negotiating phases we have been asked to keep it confidential. 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. 2006-360. 123416 - Cole/Schmitt that communication from Airport Director transmitting one-year lease agreement with Waterloo Implement to lease a 20' Rotary Mower for $3,000.00 and a 72" Mower for $3,950.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-361. 123417 - Cole/Schmitt that communication from Mayor Hurley transmitting four-yea•r agreement with Planergy Capital LLC for rights to all waste gas produced by the waste deposited and received from the Waterloo Lagoon, 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 Kincaid asked how is the gas going to be taken from there, will it be transported in trucks. Mayor Hurley responded Planergy will set up on site, just before we,. get to what is now known as the flame, we will tap off and the gas will be metered and sent to Planergy's co -generation equipment. Mayor Hurley stated it will be right on site, and there won't be any trucking. May 1, 2006 Page 4 Documents continued Councilperson Kincaid asked if the city will have to acquire more property around the Lagoon. Mayor Hurley responded no, and that the contract is written that the city pretty much sells the gas and Planergy does everything else. Mayor Hurley explained it is a four-year contract because should the LS Power Plant come through, they asked for it first, so it is written into the contract with that understanding. Mayor Hurley noted it is hard to estimate what the revenues would be to the city, but given the current operations at Tyson, with the number of hogs they are processing right now, and given some median value for methane content of that gas, we could be looking at sixty cents a million btu or around $10,000.00 per month, and on an annual basis maybe over $100,000.00. Mayor Hurley explained the flame is located out by the Northeast Industrial Park, and if you are out by Martin Luther King Jr. Drive way to the east, there is a big flame burning 24 hours per day, seven days a week. Mayor Hurley noted we are talking about the Lagoon gas, and those are waste streams that come over from the Tyson Processing Plant. Tyson is encouraged to decompose, and when they decompose they produce methane gas, and that methane gas has a fairly high water content that has to be scrubbed and cleaned. Councilperson Greenwood stated then the gas won't be scrubbed and compressed and sold as a gas, but it will be used to run some type of generation facility. Mayor Hurley responded he is guessing it will be a co -generator that would produce electricity, and that electricity would be sold. 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. 2006-362. RESOLUTIONS TO BE ADOPTED 123418 - Kincaid/Welper that "Resolution authorizing Mayor Hurley to request the Black Hawk County Supervisor adopt an ordinance which would allow the city to purchase Certificates of Tax Sale and acquire properties through the tax foreclosure process", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-363. NEW BUSINESS 123419 - Schmitt/Cole that communication from Superintendent of Streets transmitting recommendation of award of contract in the amount of $146,000.00 to Bituminous Materials of Des Moines, Iowa for asphalt emulsion products to be used for this year's Oiling/Seal Coating and Crack Sealing Program, 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. 2006-364. 123420 Schmitt/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,212.00 for work performed by the Water Works at 215 Webster Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-365. 123421 - Schmitt/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,265.00 for work performed by the Water Works at 111-113 Linden Avenue, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-366. May 1, 2006 New Business continued 123422 - Schmitt/Cole Page 5 that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,179.00 for work performed by the Water Works at 413 Riehl Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-367. 123423 - Schmitt/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,925.00 for work performed by the Water Works at 706 South View Drive, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-368. 123424 - Getty/Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 Asphalt Overlay Program, Contract No 706, be received, placed on file and approved. Ayes: Seven. Motion carried. 123425 - Getty/Kincaid that plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 Asphalt Overlay Program, Contract No. 706, be received and placed on file. Ayes: Seven. Motion carried. 123426 - Getty/Kincaid 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. 2006-369. 123427 - Getty/Gunderson that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as May 15, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking of bids 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. 2006-370. ORAL PRESENTATIONS 123428 Ryan Madison, 3303 Parkridge Road, stated in 1998 Stanford Associates & Incorporated, owned by Roosevelt Roby, was granted a loan by the city for $55,000.00 to develop a mini mall structure at 1103 - 1117 East Fourth Street. Mr. Roby stated this was something no one else in the city had the tenacity to do, to develop a new structure on the Eastside. Mr. Madison stated he guesses that neither did Mr. Roby because he welshed on his part of the deal. Mr. Madison stated he was not here tonight to blame the city or put the city at fault because even he would have financed this structure. Mr. Madison reported in October 1998 the first payment for the loan was due, but Mr. Roby made no payment and the building wasn't finished; 1999-2001 again no payment and the building still wasn't finished. Mr. Madison stated in 2002, Mr. Roby decided to be generous and put a small payment towards his loan, but that building still wasn't finished. Mr. Madison stated Mr. Roby has not made another payment toward that loan and the building still is not finished. Mr."Madison stated in the last several years we have seen a new commercial district go up in Cedar Falls by the new Wal-Mart, several new housing developments, a water park, even a new Hy -Vee on Logan Avenue, a new mini mall structure built on San Marnan Drive, and to top it off the start of construction of a new casino that he bets will be finished before Mr. Roby even decides to put doors on that structure. Mr. Madison stated he has been to that structure and has seen all the filth, trash and garbage that has been dumped inside this building. Mr. Madison stated the city has had eight years to foreclose on this loan, but he was told by Don Temeyer that the city will not foreclose on this loan because the city is not in the real estate business. May 1, 2006 Oral Presentations continued Mr. Madison stated he feels when the city decided to lend hard-working 'taxpayers' money the city entered the real estate business. Mr. Madison stated everyone knows when the bank lends money, if you don't pay, they foreclose and repossess. Mr. Madison stated he bets every citizen whose watching and listening is thinking right now that if the city is lending money and not foreclosing why don't they borrow money from the city and not pay it back, and that it is now time to tell Mr. Roby his time is up and foreclose on that loan and take back the property. Mr. Madison stated he has several ideas that he has mentioned before to Planning and Zoning that would be good for that structure. One is for the city to take back that building and do something with it, offer new entrepreneurs to come in and have a foundation to start somewhere for a few years, then move on to a bigger and better place, and this would bring more business to Waterloo. Mr. Madison stated there is also the African American Museum that has yet to be built and giving them a space in that building and maybe setting up a gift shop would help them build revenues so they can get their building built. Page 6 Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 123429 - Gunderson/Welper that the Council adjourn at 5:55 p.m. Ayes: Seven. Motion carried. L/N\ gi2Jt Nancy kert, CMC City Clerk