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HomeMy WebLinkAboutMinutes-01/09/2006• January 9, 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, January 9, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Ned DeBerg, Fire Chief. 122833 - Getty/Greenwood that the Agenda, as amended, for the Regular Session on Monday, January 9, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 122834 - Getty/Greenwood that the Minutes, as proposed, for the Regular Session on Wednesday, January 4, 2006, at 5:30 p.m. and the Organization Meeting on Wednesday, January 4, 2006, at 5:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 122835 - 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. 1-75, dated January 9, 2006, in the amount of $1,966,496.53, 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. 2006-13. 2. Communication from Andrew Lusson, owner of KW Paintball Inc., requesting a variance to Section 5-2-6 of the Waterloo Code of Ordinances, which prohibits discharging of firearms and discharging and possessing air rifles and similar devices within the city, to allow two day paintball tournament at McElroy Auditorium on March 3 and March 4, 2006. Resolution adopted and upon approval by Mayor assigned No. 2006-14. 3. Communication from City Engineer transmitting request of Kirk Gross Company for a variance to Section 7-1-6 of the Waterloo Code of Ordinance to allow chain link security construction fence to be placed on city right-of-way on W. Park Avenue southeast of the Community National Bank addition. Resolution adopted and upon approval by Mayor assigned No. 2006-15. 4. Communication from City Engineer transmitting request of Wayne Magee Properties LC for a waiver for a concrete driveway to be located at 3400 Wagner Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2006-16. b. Beer/Liquor License Permit Application Class C Uptown Lounge, 510-512 Mulberry Street (New) (Expires 7/14/06) (Includes Sunday Sales) c. Liquor License Permit Application Class E Hy -Vee, 1422 Flammang Drive (Renewal) (Expires 2/8/07) (Includes Sunday Sales) d. Wine License Permit Application Clash B Hy -Vee, 1422 Flammang Drive (Renewal) (Expires 2/8/07) (Includes Sunday Sales) e. Beer License Permit Application Class C Hy -Vee, 1422 Flammang Drive (Renewal) (Expires 2/8/07) (Includes Sunday Sales) January 9, 2006 Consent Agenda continued f. Liquor License Permit Application Class A Post 1623 of the Veterans of Foreign Wars, 1406 Commercial Street (Renewal) (Expires 1/14/07) (Includes Sunday Sales) Page 2 Ayes: Seven. Motion carried. DOCUMENTS 122836 - Cole/Schmitt that communication from Community Planning and Development Director transmitting an amendment to agreement with Advanced Heat Treat Corp. to extend the time for construction of 19,000 square foot addition to the new building located at the Airport Industrial Development Park to December 31, 2008 and to pay the city $35,000.00 for the property, 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. Don Temeyer, Community Planning and Development Director, spoke on this item and the amendment to the development agreement with Cardinal Construction. Mr. Temeyer explained that the amount was fixed in the original agreement with Advanced Heat Treat on the value of the land and what they would have to pay back. Advanced Heat Treat continues to expand on Burton Avenue, they have doubled their employment and bought another building in that location with the different type of heat treating they have as opposed to the ionization heat treating they have at the Airport location. Advanced Heat Treat continues to plan to expand in the future, it just didn't happen as exactly as was expected. Advanced Heat Treat is honoring their agreement with the city to pay the city for the land. Mr. Temeyer stated that regarding Veridian's purchase of the Cardinal Construction property, Veridian is buying the property so they don't want that agreement, it doesn't kick in until 2009. Cardinal Construction is honoring their agreement with the city and paying the city for the land ahead of time, and they will have the ability to expand. Cardinal Construction is paying for that extra property. Cardinal/GMAC built a 50,000 square foot building on their property, and Advanced Heat Treat built a 19,000 square foot building on their property as they promised when they entered into these agreements. Councilperson Greenwood asked if the development agreement with Cardinal expires or sunsets. Mr. Temeyer responded that it will, but it has other things in it so it doesn't sunset at this time but transfers to the new property owner so they will have to maintain a minimum assessed value for a period of time on that agreement. The other parts of the agreement continue until they do expire and are tied to the tax rebates. Mr. Temeyer stated that typically our agreements say if you get five years of tax rebates, you have to agree to a minimum assessment of ten years. So if they are not paying on a portion of it for five years, they have to guarantee that they will pay for it for the next five years, which is the same for Advanced Heat Treat. Mayor Hurley asked if the city will re -authorize the agreements and bring them to council or do they carry through in the purchase process. Mr. Temeyer responded that is part of the agreement. It cannot be sold to another company without these things kicking in, so this could have transferred Veridian if Veridian and Cardinal Construction wanted to, and they could have delayed it until 2009. With the agreement with Advanced Heat Treat, the period is up so that is why it had to come to council to extend the time for the temporary wall. 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. 2006-17. 122837 - Cole/Schmitt that communication from Police Chief transmitting one-year Maintenance and Support Agreement with Printrak®, A Motorola Company, to provide service and equipment for mugshots at a cost of $2,469.00, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-18. • • January 9, 2006 122838 - • Documents continued Cole/Schmitt Page 3 that communication from Superintendent of Streets transmitting four-month agreement with Murphy Tractor and Equipment of Waterloo, Iowa to lease four motor graders needed for snow and ice control, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Steve Decker, Superintendent of Streets, stated the rental agreement is graders that are fairly new, just a few years old. Following comments a vote was taken on the above motion with the result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-19. 122839 - Cole/Schmitt for four following that communication from Community Planning and Development Director transmitting amendment to development agreement with Cardinal Construction Inc. to pay the city $63,450.00 in lieu of deeding back property generally located in the San Marnan Development Area, 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. 2006-20. RESOLUTIONS TO BE ADOPTED 122840 - Schmitt/Cole that "Resolution accepting 2005 Assistance to Firefighters Grant Program with U.S. Department of Homeland Security in the amount of $215,381.00, with city's cost of $53,845.00, to be used to replace backup generator at Fire Station #1 and install new generators in the rest of the fire stations", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-21. 122841 - Kincaid/Welper that communication from Senior Planner transmitting request to rescind Resolution No. 2001-672, which created an agreement with Black Hawk County to combine East Waterloo Township Precinct 2 with Waterloo Ward 3, Precinct 1 as there is no longer a need for the East Waterloo Township Precinct 2 voting district, be received, placed on file and "Resolution approving request to rescind Resolution No. 2001-672", be adopted. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, stated that George Wyth Park was an inland between the cities of Waterloo and Cedar Falls, and it was annexed and split between Waterloo and Cedar Falls down Highway 58. There is a piece of property that had to be designated for a voting precinct and because it is in the city we are removing that. 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. 2006-22. NEW BUSINESS 122842 - Kincaid/Welper that communication from Senior Planner transmitting amendments to Wards and Precincts Ordinance to remove wording referring to East Waterloo Township Precinct 2, be received, placed on file and "Resolution setting date of hearing as January 23, 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. 2006-23. January 9, 2006 ORAL PRESENTATIONS 122843 - Craig Hundley, 1214 Wren Road, spoke on speeding on Downing Avenue. Mr. Hundley stated as an avid jogger he is out there six nights a week, and he has watched over the last six months as this has progressively gotten worse. People are driving down Downing consistently at 40 mph and some as fast as 60 mph. There are all the cross streets on Downing Avenue as well as all the residential areas with driveways. Mr. Hundley stated that a couple of weeks ago during the first snowfall, he was almost hit as somebody pulled out of their driveway and couldn't get the traction to get started and couldn't stop, and if they hadn't run into a snow bank they would have run into him. Mr. Hundley stated the other road where there is a tremendous problem is Huntington, which is just a block down. What makes Huntington so bad is there a nature preserve, and the area is infested with deer and almost not a night goes buy when he is running that he doesn't see deer going across the road. Mr. Hundley stated he is afraid somebody is going to be killed in the near future. Mr. Hundley stated he is more concerned about Downing Avenue because Black Hawk School and an apartment complex are located by his house. Even through it is winter and you wouldn't expect to see kids outside after 8:00 p.m. but there are, and he sees them all the time. Mr. Hundley asked if the city could hit that road hard for two or three weeks with law enforcement and send a message because he is sure it is the same drivers night after night who come down that road at whatever speed they want. Mr. Hundley stated the time between 6:00 p.m. and 8:00 p.m. is the worse time of the day. Page 4 Mayor Hurley stated the city will provide extra attention in that area and asked if there is support in the neighborhood for speed humps. Mr. Hundley feels there would be support and with the school in the area it is not a matter of if, just when one of these kids will be taken out. Mayor Hurley stated the city needs a request or a petition from the neighbors because the city can't just go out and put up speed humps. Mr. Hundley stated to let people know the city is serious about this, that the officers not give any leniency. If the drivers are driving 45 mph, they should be ticketed and should lose their license, and maybe next time that thought will enter their mind before they come off Katoski at that high of speed. Mr. Hundley stated he feels the average speed is 40 mph and the posted limit is 25 mph. Mr. Hundley stated he read an article in the Sunday paper that somebody had crossed out the 25 andwrote in orange paint 88 mph. Mr. Hundley stated it is a problem street with the deer, and it is anybody's guess how fast people drive down Huntington. Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 122844 - Schmitt/Cole that the Council adjourn at 5:52 p.m. Ayes: Seven. Motion carried. Nancy ckert, CMC City Clerk