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HomeMy WebLinkAboutMinutes-10/23/2006October 23, 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, October 23, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Nick Shubert -Troop 116, Black Hawk School; Zach Kohlmeyer-Troop 13, Orange Elementary School; Jeff McCann -Troop 29, Grace Reform Church. 124374 - Schmitt/Kincaid that the Agenda, as amended, for the Regular Session on Monday, October 23, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 124375 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, October 16, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley recognized the John Deere Foundry Paint Patrol. Mayor Hurley reported that last week we had an unfortunate incident with some hate flyers being put on vehicles on public streets and in our public parking lot. Mayor Hurley explained that people have asked him privately what do we do, what went on, how can we help, how can we learn more, and he thinks that is a tie into a couple of other things he would like to mention. The National Association for Advancement of Colored People (NAACP), the Black Hawk County branch, is having their annual freedom fund dinner this coming Saturday, October 28, 2006 at. the Five Sullivan Convention Center. It will start with a social hour and then a dinner and program. They have a featured speaker who should be very interesting. Tickets are available at $35.00 per person. The theme this year is "Valuing Our Votes, Voting Our Values". Its very topical and given this time of year in the election cycle that would be a place to show support for anybody who is assaulted in anyway by the kind of literature that was passed out last week. Mayor Hurley reported Club Les Dames 45th Anniversary celebration is set for Saturday, November 4, 2006 from 6:00 p.m. to midnight at the Elks Lodge. Tickets are available. Anyone wanted to know more about either of the events should contact Mayor Hurley's office. CONSENT AGENDA 124376 - Schmitt/Kincaid 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. 1-61, dated October 23, 2006, in the amount of $2,239,821.72, 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. 2006-927. 2. Communication from Associate Engineer transmitting request of Cedar Falls Construction Co., Inc. of Cedar Falls, Iowa for a variance to the Noise Ordinance from October 24, 2006 through November 1, 2006 in conjunction with Iowa Department of Transportation Patching Project, Hwy. 218 - West 11th Street to Mitchell Avenue. Resolution adopted and upon approval by Mayor assigned No. 2006-928. b. Motion to approve the following: 1. Mark Boesen, Manager of Rehabilitation Services, to attend Lead Professional Training in Dubuque, Iowa on November 5-10, ;006, with costs not to exceed $1,975.00, including use of city vehicle. 2. Dennis Gentz, Assistant City Engineer, to attend Iowa Better Concrete Conference in Ames, Iowa on November 2, 2006, with costs not to exceed $150.00, including use of city vehicle. October 23, 2006 Consent Agenda continued Page 2 c. Beer License Permit Application Class B. Black Hawk Tennis Club, 1005 Black Hawk Road (Renewal) (Expires 10/31/07) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Mexikelly, 209 Jefferson Street (Renewal) (Expires 11/22/07) (Includes Sunday Sales) LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue (New) (Expires 11/6/07) (Includes Sunday Sales) Cafe Bar Baby 0, 312 West 4th Street (New) (Expires 10/31/07) (Includes Sunday Sales) Southern Soul Club, 229 East 4th Street (New) (Expires 10/26/07) (Includes Sunday Sales) e. Outdoor Service Area Application Black Hawk Tennis Club, 1005 Black Hawk Road LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue f. Bonds. Ayes: Seven. Motion carried. HEARINGS & BIDS 124377 - Greenwood/Welper that proof of publication of notice of public hearing on F.Y. 2006 M.L. King Jr. Drive, Recreational Trail Head, Contract No. 709, as published in the Waterloo Courier on October 10, 2006, be received and placed on file. Ayes: Seven. Motion carried. 124378 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Welper that the hearing be closed. Ayes: Seven. Motion carried. 124379 - Greenwood/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2006 M.L. King Jr. Drive Recreational Trail Head, Contract No. 709", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-929. 124380 - Greenwood/Welper that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-930. 124381 - Greenwood/Welper to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount B & B Builders and Supply, Waterloo, Iowa 5% $68,655.30 Ayes: Seven. Motion carried. 124382 - Gunderson/Greenwood that proof of publication of notice of public hearing on 2006 South Hills Pro Shop Renovation, as published in the Waterloo Courier on October 13, 2006, be received and placed on file. Ayes: Seven. Motion carried. • October 23, 2006 Page 3 Hearings & Bids continued 124383 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 124384 - Gunderson/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2006 South Hills Pro Shop Renovation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-931. 124385 - Gunderson/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-932. 124386 - Gunderson/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 Michael Huff Construction, Cedar Falls, Iowa 5% $98,860.00 Paul Christensen Construction, Cedar Falls, Iowa 5% $107,947.00 Peters Construction, Waterloo, Iowa 5% $149,437.00 Porter Construction, Independence, Iowa 5% $79,297.00 Ayes: Seven. Motion carried. HEARINGS 124387 - Kincaid/Welper that proof of publication of notice of public hearing on development agreement with Cedar Valley Restoration and Development to transfer property generally located at the intersection of East 8th and Sycamore Streets for $20,200.00 to build four housing units with a minimum taxable value of $80,000.00, tax abatements for 10 years on the 10 -year CURA rate to the property owner, and remaining tax rebates for the 10 year period to be used for the project development and streetscape improvements, as published in the Waterloo Courier on October 13, 2006, be received and placed on file. Ayes: Seven. Motion carried. 124388 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. In response to a question, Don Temeyer, Community Planning and Development Director, reported that Mr. Deed has one year to starting building and then he is required to build one house each year. Councilperson Gunderson noted the lots are 45' wide and asked if they are going to be similar to the other houses Mr. Deed built in that area. David Deeds, Cedar Valley Restoration and Development, responded it will be similar architectural style. This is really an expansion of the Riverfront Village, which is their single family home project that they started across 8th Street. These are four additional lots, and these lots will be bigger than the previous ones. They will be 45' x 30' with a 20' common drive across the back of the lot basically owned and maintained by the home owners association. Kincaid/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. October 23, 2006 Page 4 Hearings continued 124389 - Kincaid/Greenwood that "Resolution approving said development agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-933. 124390 - Kincaid/Cole that "Resolution authorizing said transfer of property", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-934. UNFINISHED BUSINESS 124391 - Getty/Cole that communication from Leisure Services Director transmitting recommendation of award bid in the amount of $27,175.00 to Waterloo Lumber Company in conjunction with 2006 Riverview Recreation Area Bollards, be received, placed on file and "Resolution approving award of said bid", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-935. 124392 - Getty/Cole that communication from Superintendent of Waste Management Services transmitting recommendation of award of bid in the amount of $1,067,000.00 to E.B. Spencer Engineering Co. of Janesville, Iowa in conjunction with F.Y. 2007 Odor Control and HVAC Replacement, Water Pollution Control Facilities, Contract No. 716, be received, placed on file and "Resolution approving award of said bid", be adopted. Prior to a vote on the above motion, the following comments were heard. Tim Shea, Superintendent of Waste Management Services, reported this is the final contract we have to let for the $67 million dollar grant that the city received from the EPA about 11 or 12 years ago. This contract is for the inbound sewage coming to the plant from the industrial plant, and it is to make the environment safer for the workers at the waste treatment facility. It is to clean up the hydrogen -sulfide that is generated through the heavy waste stream, and it will help the environment around the plant in that area of town. The town has grown around the plant since its inception. Mr. Shea stated the project will take about 180 days for completion. Mr. Shea reported we have until June 30, 2007 for completion, or we will have to ask the EPA for an extension on our grant. 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. 2006-936. PETITIONS FROM PUBLIC 124393 - Schmitt/Greenwood that communication from City Planner transmitting request of Schenk Engineering on behalf of John Rooney Trust and Cynthia Kuelbs Trust for a site plan amendment to the "S-1" Shopping Center Commercial District for the former Midas site at 2019 Crossroads Boulevard generally located between Bonanza and IHOP for construction of a new 6,000 sq. ft. retail building, be received, placed on file and "Resolution setting date of hearing as November 6, 2006, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-937. October 23, 2006 DOCUMENTS 124394 - Cole/Schmitt Page 5 that communication from Airport Director transmitting Change Order No. 2 for a net increase in the amount of $26,490.87 for work to be performed by Cedar Valley Corporation in conjunction with Waterloo Regional Airport Terminal Apron Rehabilitation, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 124395 - Cole/Schmitt that communication from City Planner transmitting Supplemental Development Agreement with Carmen Dunphy for redevelopment of condominium in the former Winterbottom Supply building located at 25 Westfield Avenue, with a minimum assessment of $103,200.00 and 100 percent tax rebatements for seven years, 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. 2006-938. 124396 - Cole/Schmitt that communication from Associate Engineer transmitting Professional Services Agreement with Ament, Inc. of Waterloo, Iowa at an estimated cost of $74,000.00 for the final design of the Virden Creek Tributary Drainage Improvements, 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. 2006-939. 124397 - Welper/Kincaid that communication from Community Development Director transmitting agreement with U.S. Department of Housing and Urban Development for grant in the amount of $198,400.00, with no required match, to be used for acquisition and demolition in the Rath Brownfields Area, 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. 2006-940. 124398 - Welper/Kincaid that communication from Community Development Director transmitting agreement with U.S. Department of Housing and Urban Development for grant in the amount of $198,400.00, with no required match, to be used for construction of a storm water pumping station to allow Commercial Street construction for access to the Cedar Valley Tech Works, 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. 2006-941. 124399 - Welper/Kincaid that communication from Community Development Director transmitting agreement with U.S. Department of Housing and Urban Development for grant in the amount of $248,000.00, with no required match, to be used for acquisition of the Cedar Valley Tech Works Facility, 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. 2006-942. 124400 - Greenwood/Schmitt that communication from City Attorney transmitting Right -of -Way Easement Agreement, and amendment to 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 paid agreement", be adopted and Mayor and City Clerk authorized to execute same. October 23, 2006 Documents continued Prior to a vote on the above motion, the following comments were heard. Mayor Hurley pointed out the council approved an agreement with Planergy Capital earlier this year on gas purchase and operation. That was a four year agreement with the ability to extend it another ten years. It started out at $0.75 per million btu, and we would negotiate upward from that if we extended the contract. Then Planergy engineers and management struck a deal with a local company that they will be dewatering and treating the gas on-site and moving that clean dewatered gas to a facility for use in generating heat. They will be going through the city's right-of-way so we negotiated a new agreement with them. The right-of-way agreement grants Planergy Capital an easement for which they will pay the city. The Gas Rights to Purchase and Operation Agreement guarantees the city a minimum fee of $50,000.00 per year. In addition, the amendment includes a more quickly accelerated price per mmbtu for the gas. Mayor Hurley stated he thinks with the new opportunity this is a win-win for the city, Planergy and the final end use of that cleaned and dewatered gas. James Walsh, City Attorney, reported there will be one additional agreement that will come before the council which deals with the lease of the property where the dewatering equipment is going to go at the lagoon, but these are the key agreements. We didn't have an exact location or size of the space they need at the lagoon so that agreement will come before the council in a week or two. Mr. Walsh stated there is a lease agreement for the right-of-way on the agenda. We got the cost reimbursement agreement for $31,000.00 over the course of this from Planergy to reimburse the city for its costs and for helping them get this thing going and helping them manage the right-of-way. Planergy will have to apply to the Iowa Utilities Board for a permit for the gas pipe installation. The agreement has an index in it that if gas prices shoot up in the future our prices will be adjusted to reflect that so a little upside potential. Page 6 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. 2006-943. 124401 - Greenwood/Schmitt that communication from Community Planning & Development Director transmitting Quit Claim Deed from Gloria O'Neal for acquisition of property located at 738 Mobile Street, be received, placed on file and "Resolution approving and accepting said deed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-944. 124402 - Greenwood/Schmitt that communication from Community Planning & Development Director transmitting Quit Claim Deed from Mary E. Bronson for acquisition of property located at 647 Ankeny Street, be received, placed on file and "Resolution approving and accepting said deed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-945. RESOLUTIONS TO BE ADOPTED 124403 - Cole/Schmitt that "Resolution accepting FY 2006 Assistance to Firefighters Grant Program for a grant received in the amount of $10,325.00, with city's share of $2,065.00, for funding for adult and pediatric patient simulate manikins along with a portable power source", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-946. ORAL PRESENTATIONS 124404 Clinton Neuenkirk, 1010 Logan Avenue, stated he called and talked to Code Enforcement several times about the property located at 1012 Logan Avenue. It was brought to his attention that Councilman Schmitt is aware of this situation. The people have had no lights, nor running water for two years. There are holes in their roof probably four foot in diameter. Their overhang is all hanging off. Code enforcement keeps saying that there is nothing that can be done. They are on a list at Community Development and have been on the list for ten years. He stated he heard the city has a neighborhood that was targeted for special funding because of the Hy -Vee store built on Logan Avenue, but for some reason this house keeps getting overlooked. The whole neighborhood has deteriorated because of this one house and nobody wants to help them. • • October 23, 2006 Oral Presentations continued Mr. Neuenkirk stated the sewer backed up on Friday, and he has spent about $560.00 so far in getting the drain cleaned and opened up to find out that it was the neighbor's drain that is plugged. Mr. Neuenkirk stated they have no money, so in order to get his drain to work he has to hire another company out to clean their drain so his drain works. Mr. Neuenkirk asked where is the money that was allocated in the Hy -Vee area to help these people. Mr. Neuenkirk stated it was in the paper that the TGIF or whatever its called in that area was supposed to allocate some funding to bring some of these houses up to date to help them out. The city brought up a Maintenance Code and implemented that, but nothing gets done over there. Mr. Neuenkirk stated if you drive by this house you would be amazed that someone is still living in it. Mayor Hurley responded he will find out what is going on at this property. Mayor Hurley stated he thinks Mr. Neuenkirk is referring to TIF money that was part of the incentive package with Hy -Vee. It takes a number of years for that to return, and he doesn't think there was anything in the development package with Hy -Vee that released funding for a home like this. Mr. Neuenkirk stated he thought it was against the law to live in a house without electricity and water. Page 7 Jim O'Reagan, Cedar Valley Vikings Pro -football Team Owner, reported that they won their second round playoff game against the Iowa Threshers last weekend 20- 17 in overtime. This weekend they have the opportunity to host the London Silverbacks from Ontario, Canada at Sloan -Wallace Stadium. They will be kicking off at 7:05 p.m., and the East High boosters run the concession stand so hopefully it will raise some money for them. If they win this game a team from Virginia or Massachusetts will come here the next week. If they win that one they will go to Disney's Wide World of Sports complex in Orlando, Florida on November 12, 2006 for the National NEFL championship. Mr. O'Reagan invited everyone to the game. The local players are made up of college kids, business people, factory workers, store managers, business owners, they are all volunteers. Mr. O'Reagan reported this would be the sixth visiting team, and he thinks they have rented about 350 hotel rooms for people that come in, and they also spend money in the restaurants and other things. Mayor Hurley thanked Mr. O'Reagan for reminding us, congratulated them on their success and thanked him for hanging in there with them. David Meeks, Human Rights Director, invited the council Human Rights Cedar Valley Conference on Race to be held Hawkeye Community College. The theme this year is, Human Connecting Community. The keynote speaker is Kandiatou slain by New York police in 1999, and who has a great community building. Schmitt/Kincaid that the above oral comments be received and placed on Motion carried. 124405 - Schmitt/Kincaid and the public to the on November 6, 2006 at Rights: The Bridge to Diallo, whose son was story on adversity to file. Ayes: Seven. that the council adjourn to Executive Session at 6:17 p.m. Motion carried. Ayes: Seven. City Attorney Jim Walsh stated that discussion of Riley Floors property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1)(j)(2005) . EXECUTIVE SESSION 124406 - Schmitt/Gunderson that the council adjourn Executive Session at 7:00 p.m. carried. Ayes: Seven. Motion ADJOURNMENT 124407 — Schmitt/Gunderson that the Council adjourn at 7:00 p.m. Ayes: Seven. Motion carried. ` Nar1ck ert City Clerk CMC