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HomeMy WebLinkAbout08/22/1988August 22, 1988 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m. on August 22, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak and Brown. Invocation by: Councilperson Willie Mae Wright Pledge of Allegiance: Pack 11 --Mike Abbas, Eric Durnin, John Mann, James Mishler, Tim Perry, John Phelps, Willie Washington, Keith Worm. 92648 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on August 22, 1988 at 7:00 p.m., be accepted and approved. Motion carried. 92649 - Moved by Buck, seconded by Angel that the Minutes of the Regular Session on August 15, 1988 at 7:00 p.m., be accepted and approved. Motion carried. 92650 - Mark Meyer, Officer in the Waterloo Police Department, was recognized as the recipient of the Service Above Self Award. Mayor McKinley congratulated him for his fine service to the City and presented him with a plague commemorating the occasion. HEARINGS Moved by Wright, seconded by Angel that proof of publication on notice of public hearing on issuance of sewer revenue bonds in an amount not to exceed $3,425,000 as published in the Waterloo Courier on August 12, 1988, be received and placed on file. Motion carried. 92651 - HOLD HEARING --The Mayor announced that the time had arrived for the hearing on the issuance of sewer revenue bonds. Kathy Oberle, 710 Forest Avenue, asked that the Mayor clarify the misinformation in the community concerning the location of IBP and Albert Trostel in the City. Specifically, she asked what the City negotiated away in sewer rates for each of these companies. She asked, "What must the taxpayers pay for these companies?" She stated that taxpayers would again bear the additional cost of having these companies in our community just as the taxpayers are paying for the improvements to Elk Run Road (R.I.S.E. application match money). She asked what the Department of Natural Resources was requiring the City to do concerning improvement to the Water Pollution Control Plant. Mayor McKinley responded by saying that approximately two years ago, Albert Trostel & Sons had approached the City concerning locating in the community. As a result of their selection of a site, the City knew at that time that a sewer line must be extended to the area at an approximate cost of $380,000. At that time, we were informed of the discharge level of the company. At that discharge level, the City anticipated collecting approximately $800,000 per year in fees, or approximately double the cost of our initial improvements. Then IBP expressed a desire to locate in our community and the City began negotiations with them on a sewer agreement. It was determined that their costs for sewage disposal would not be cost affective and be too expensive; therefore, the City began negotiating with them. The City chose to give them a lower rate; however, the City would still collect fees greater than our initial costs. Together, the Tannery and IBP will generate approximately $1,250,000 in annual income. Since the Tannery and IBP have chosen to locate in our community, other industries has also expressed a desire to locate in this northeast corridor. With these possibilities, the City decided to enlarge the sewer line to the area from 24 inches to 36 inches, resulting in a total cost of $556,000. The City will be issuing bonds to cover the cost of these improvements. August 22, 1988 Page 2 Hearings - continued Concerning the $1,000,000 for plant improvements, Bruce Bottorff, Superintendent of Water Pollution Control Plant, explained that the clarifiers at the Plant are 40 to 50 years old. It is anticipated that with the bond money an additional clarifier will be constructed, as recommended by DNR. Revenue from these industries will cover the cost of these improvements plus provide future plant improvement revenue. Mr. Bottorff explained that the additional clarifier will take the pressure off the existing, older models. In response to a question by Councilperson Angel, Mr. Bottorff explained that a clarifier is a settling tank. It was also explained that the bond money will provide funding for another phase of the Inter City Interceptor. Vonnie Jackson, 1838 Howard, asked for a breakdown of where the bond money was being spent. Mayor McKinley reported that anticipated uses of the bond money are as follows: $1,885,000 for the sanitary sewer interceptor, $115,000 for partial financing of the Northeast Industrial Area Sanitary Extension, $1,000,000 for expansion of treatment plant facilities at the Water Pollution Control Plant, and the remaining $425,000 is for related issuance costs. Vonnie Jackson asked why the City has increased its sewer rates seven times. Bruce Bottorff, Superintendent of Water Pollution Control Plant, stated that the City's rates are very low and competitive. Comparatively speaking, the residents of the City of Cedar Falls pay a minimum charge of $9.85 per month compared to the City of Waterloo's charge of $4.00. He also stated that with the Inter City Interceptor improvements, the Council will be asked to approve a one dollar per month increase on July, 1989 and July, 1990. Donna Vollenweider, 2733 Fairlane Avenue, asked how much the City was paying to get IBP here. She stated that revenue projections for the company have decreased since initial conversations with the company. She also commented that the City is spending lots of money on sewer improvements. Mayor McKinley responded by stating that IBP is receiving a reduction in sewer fees and that anticipated increases in the sewer rates for residential customers will be used for completing the Inter City Interceptor. Expansion of the Water Pollution Control Plant was discussed. It was asked whether or not any major expansion is planned. Expansion may become necessary as development accelerates in the community. Mayor McKinley reported that adequate water pumping facilities are available in the City for future expansion of industry. Councilperson Angel pointed out that Rath Packing Company also enjoyed lower sewer rates while in operation. They paid approximately one-half of the normal rate. Moved by Brown, seconded by Dell that "Resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $3,425,000 Sewer Revenue Bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-480. 92652 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of Northland Products Co., Inc. to sell and convey the property generally lying adjacent to Fairbanks Drive and Northland Products Co., Inc. as published in the Waterloo Courier on August 16, 1988, be received and placed on file. Motion carried. August 22, 1988 Page 3 Hearings - continued 92653 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Buck, seconded by Budak that "Resolution authorizing sale and conveyance of the property generally lying adjacent to Fairbanks Drive and Northland Products Co., Inc. to Northland Products Co., Inc.", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-481. UNFINISHED BUSINESS 92654 - Moved by Budak, seconded by Angel that communication from City Planner transmitting request of Northland Products Co., Inc. to vacate, sell and convey a portion of Fairbanks Drive, be received, placed on file and "Resolution setting date of hearing as September 6, 1988 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-482. REPORTS 92655 - Moved by Brown, seconded by Fox that communication from City Engineer transmitting the Project Status Report, R.U.T. 5, Street Construction Program, to be submitted annually to the Iowa Department of Transportation, together with recommendation of approval, be received, placed on file and "Resolution approving said Report", be adopted and City Engineer instructed to prepare and deliver same to the Iowa Department of Transportation. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-483. PETITIONS FROM PUBLIC 92656 - Moved by Dell, seconded by Budak that communication from Assistant City Engineer transmitting request of Tom Dolan Concrete Contractors for a variance to the truck embargo on West Donald Street from Longfellow Avenue to Logan Avenue (U.S. 63) in conjunction with F.Y. 1989 300 Block West Donald Street Reconstruction, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-484. DOCUMENTS 92657 - Moved by Fox, seconded by Dell that communication from City Planner transmitting the request of Thelma Morrow for property tax abatement for real property located at 1620 Jefferson Street, located in the Black Hawk Street Urban Revitalization District, together with recommendation of approval, be received, placed on file and "Resolution approving said tax abatement", be adopted and Deputy Clerk/Auditor instructed to notify the County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-485. August 22, 1988 Page 4 Documents - continued 92658 - Moved by Fox, seconded by Dell that communication from Assistant City Engineer transmitting Change Order No. 1 for a net increase of $2,154.38 for work to be performed by Aspro, Inc. & Subsidiary in conjunction with F.Y. 1988 Street Reconstruction Program 2, Contract No. 339, together with recommendation of approval, be received, placed on file and Mayor and Deputy Clerk/Auditor authorized to execute same. Motion carried. 92659 - Moved by Fox, seconded by Dell that communication from Assistant City Engineer transmitting construction plans for Birmingham Avenue Sanitary Sewer Extension for Randall Wallace and Treatment Agreement DNR Form 29 (Dec. 86) with the Department of Natural Resources, be received, placed on file and approved. Motion carried. 92660 - Moved by Fox, seconded by Dell that communication from City Planner transmitting recommendation on completion and final acceptance of work in conjunction with University Avenue Traffic Signals, Contract No. 337, POC -8155(1), for work completed by K & W Electric, be received, placed on file and "Resolution approving said recommendation on completion and acceptance of work", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-486. 92661 - Moved by Fox, seconded by Dell that communication from City Planner transmitting one-year lease agreement with Hawkeye Valley Area Agency on Aging for space in the former East Side Library, together with recommendation of approval of the Planning, Programming and Zoning Commission staff and the Building and Grounds Committee, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-487. 92662 - Moved by Fox, seconded by Dell that communication from City Planner transmitting one-year lease agreement with Regional Transit Commission for space in the former East Side Library, together with recommendation of approval of the Planning, Programming and Zoning Commission staff and the Building and Grounds Committee, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-488. RESOLUTIONS TO BE ADOPTED 92663 - Moved by Brown, seconded by Angel that "Resolution authorizing submission of an application to the Iowa Department of Transportation for an Immediate Opportunity R.I.S.E grant for paving of Hewitt Street to the Cedar Metal Works in the amount of $132,911.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-489. August 22, 1988 Resolutions to be Adopted - continued 92664 - Moved by Brown, seconded by Angel Page 5 that communication from Clerk/Auditor transmitting the recommendation of the Finance Committee to authorize a loan guaranty for the Metropolitan Transit Authority for operating funds to allow MET to continue operations until the receipt of Federal money in January, 1989, be received, placed on file and "Resolution approving a loan guaranty with the National Bank of Waterloo on behalf of the Metropolitan Transit Authority for operating revenue from July 1, 1988 through January, 1989 with security provided by subsidy payments to MET", be adopted. Ayes: Six. Abstain: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-490. ORDINANCE TO BE ADOPTED 92665 - A petition of objection signed by area residents was reviewed. Councilperson Budak asked whether or not there was any legal requirement to consider the objections of property owners other than those adjacent to the alley. Mayor McKinley responded by saying that the City should consider their objections and that all citizens have a right to voice their opposition and make it known to the Council. City Attorney Hugh Field commented that the City Council can vacate right of way if it is approved by adjacent property owners. He stated that there is no significance to opposition of persons lying within 250 feet of the request. This requirement applies only to objections to rezoning. Councilperson Angel expressed her opposition to vacating only a portion of the alley. Councilperson Wright stated that she had reviewed the request and concluded that it would be a dangerous and hazardous situation if only a portion of the alley was vacated. She stated that emergency vehicles would have difficulty turning around in the area. Councilperson Brown stated that he had talked with Mr. Johnson, an adjacent property owner to the alley. His main concern was dust control. He asked whether or not the property owners in the area would be willing to assist him in paying the cost of oiling the alley each year. Roger Moore, Division Chief in the Fire Department, stated that the Fire Department had reviewed the request and had no objections. They rarely use alleys for ingress into emergency situations. Charlie Lynch, 334 Euclid Avenue, stated that he remembers two instances where the Fire Department has used the alley. Richard Haggin, 621 Summit Avenue, asked why the objectors not adjacent to the alley should not be counted since the right of way being considered for vacation is "public". He indicated that all but three property owners on Summit Avenue have signed the petition of objection as well as 100 percent of the property owners on Euclid. One hundred percent of those contacted on Reber Avenue also wish the alley to remain open. He asked why the Council would consider vacating the alley with so many objections on file. Bill Bartels, 646 Summit Avenue, asked what the City's policy was on vacating alleys and whether anyone abutting an alley could have one vacated. It was stated that adjacent property owners may initiate a request for vacation, at which time the Council will consider the request. Charlie Lynch, 334 Euclid Avenue, stated that in this case the majority has spoken and asked that the Council support the majority's request to deny the vacation. August 22, 1988 Page 6 Ordinance to be Adopted - continued Jim Blackledge commented that the alley is open because area residents use the alley as a City street and not as a secondary access point. Mr. Blackledge asked that the Council consider a compromise. If the property was not developed, the request for vacation would be withdrawn. Mayor McKinley asked whether or not the alley was needed for the project. Mr. Blackledge responded that yes, it was needed for development of the site. It was indicated that all adjacent property owners to the alley have agreed to buy their portion. Richard Haggin, 621 Summit Avenue, stated that property owners would be happy to help with the cost of oiling as suggested by Councilperson Brown and Mr. Johnson. He stated his opposition to Mr. Blackledge's proposal that the alley would revert back to the City if the area is not developed. Pam Baker, 708 Reber Avenue, stated that she would be willing to have the south one-half of the alley vacated and sold; however, the other adjacent property owner will not give their consent. It was asked how the property owners would maintain access to their garages if the southerly portion was vacated. Bob Stevenson, City Planner, explained that an access easement would be necessary between the two adjacent property owners to allow access to their properties. Councilperson Buck pointed out that Brian J. Baker residing at 708 Reber has signed the petition in opposition of the request. Rudolph Gonzalas, 609 Summit Avenue, stated that he had talked with Mr. Baker and that he did in fact agree with the closing. Karma Cahill, representing the Waterloo -Cedar Falls Board of Realtors, stated that the Board has chosen to remain neutral on the request. Moved by Dell seconded by Wright that petitions opposing the vacation of the north -south alley between Summit Avenue and Reber Avenue, east of Fletcher Avenue, and the comments heard above, be received and placed on file. Motion carried. 92666 - Moved by Brown, seconded by Wright that "an Ordinance vacating the north -south alley between Summit Avenue and Reber Avenue, east of Fletcher Avenue", be received, placed on file, passed and consider for the second time. Nays: Six. Ayes: Budak. Motion not carried. The Mayor announced that the City would not hear the third reading on said request and that the issue was dead. BILLS PAYMENT 92667 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, $1,255,900.71, and Schedule W900, pp. 1-3, in of which are on file in the Clerk/Auditor Six. Abstain: Buck. pp. 1-64, in the amount of the amount of $44,939.00, copies 's Office", be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 1988-491. NEW BUSINESS 92668 - Moved by Dell, seconded by Wright that the City Engineer be instructed to prepare plans, specifications etc., in conjunction with F.Y. 1989 500 Block Derbyshire Road Paving, Contract No. 355, be received and placed on file. Motion carried. August 22, 1988 New Business - continued 92669 - Moved by Dell, seconded by Wright Page 7 that "Resolution approving petition and waivers of assessment of owners of property in conjunction with F.Y. 1989 500 Block Derbyshire Road Paving Project, Contract No. 355", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-492. 92670 - Moved by Dell, seconded by Wright that "Resolution of Necessity for the F.Y. 1989 500 Block Derbyshire Road Paving Project, Contract No. 355, ordering construction of said project, approving preliminary plat and schedule of assessments and estimate of cost, tentative approval of Plans, Specifications, Form of Contract and final estimate of cost and fixing date of hearing and taking of bids as September 6, 1988 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-493. 92671 - Moved by Angel, seconded by Budak that communication from Building Official transmitting the recommendation of appointment of Frank Curran to the position of Chief Building Inspector in the Building Department, be received, placed on file and approved. Motion carried. 92672 - Moved by Angel, seconded by Budak that communication from Community Development Administrator transmitting the recommendation of appointment of Richard Dewater to the position of Rehabilitation Specialist in the Community Development Department, be received, placed on file and approved. Motion carried. 92673 - Moved by Angel, seconded by Budak that communication from Superintendent of Water Pollution Control Plant transmitting the recommendation of appointment of Randy Henry to the position of Operator I at the Water Pollution Control Plant, be received, placed on file and approved. Motion carried. 92674 - Moved by Angel, seconded by Budak that communication from Director of Parks and Forestry transmitting the recommendation of appointment of Bill Bachman to the position of Superintendent of Planning, Richard Carlson to the position of Superintendent of Facilities, and Paul Huting to the position of Superintendent of Resources in the Park Department, be received, placed on file and approved. Motion carried. Travel Requests 92675 - Moved by Buck, seconded by Dell that the following travel requests with expenses not to exceed amount shown, be received, placed on file and approved: 1. R. Bruce Arends, Duane Foutch, Keith Smith and Maynard Davis, Police Department, to attend advanced automated fingerprint identification system training in Des Moines, Iowa on September 19 and 20, 1988 and in Cedar Rapids, Iowa on September 26, 1988, with costs not to exceed $260.00, including the use of City vehicle. 2. Mayor Bernie McKinley; Larry P. Burger, Clerk/Auditor; Jim Rodemeyer, Personnel Director; and Don Temeyer, Planning and Development Director, to attend League of Iowa Municipalities 1988 Annual Convention in Des Moines, Iowa on September 14 - 16, 1988, with costs not to exceed $325.00, $325.00, $135.00 and $255.00, respectively. Motion carried. August 22, 1988 Page 8 MISCELLANEOUS 92676 - Michelle Temeyer, Deputy Clerk/Auditor, stated that the beer garden permit for Spinner McGee's has been moved to Lincoln Park and that documentation would be received on this location. Moved by Buck, seconded by Dell that the following applications for Beer and Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and application for temporary outdoor cafe/beer garden and cigarette license applications be received, placed on file and approved: 1. Beer License Permit Application Class B Spinner McGee's, 400 Water Street (14 days --August 27 - September 9, 1988) 2. Beer & Wine License Permit Application Class E Quik Trip, 1976 Franklin (Renewal) (Expires 10/24/89) (Includes Sunday Sales) 3. Beer & Liquor License Permit Application Class C Waterloo Grey Hound Park, 5030 Greyhound Drive (Renewal) (Expires 8/25/89) (Includes Sunday Sales) 4th Street Station, 3251 West 4th Street (Renewal) (Expires 8/31/89) (Includes Sunday Sales) 929 Tap, 929 West Fifth Street (Renewal) (Expires 8/31/89) Uptown Jazz, 213 - 215 East 5th Street (Renewal) (Expires 8/18/89) (Includes Sunday Sales), subject to compliance with Ordinance No. 3494, Peephole Ordinance. Application for Temporary Outdoor Cafe/Beer Garden Spinner McGee's, Lincoln Park (1 day --August 27, 1988) Cigarette License Applications Three (3) Motion carried. BONDS 92677 - Moved by Angel, seconded by Fox that the report of City Attorney and list of bonds filed with Clerk/Auditor through August 22, 1988, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 92678 - Councilperson Angel asked whether a traffic signal would be placed on Stratford at Ansborough Avenue. Since the closing of Castle Hill School, many children will be traversing this street to attend Edison School. Bob Stevenson, City Planner, stated that with the completion of the Ansborough Avenue North Project, a traffic light will be installed at Stratford. The resident at 216 Moir Avenue asked that the City consider vacating the alley in the back of her property. She was unclear as to whether this is a public alley but had checked with the Black Hawk County Courthouse and no one is currently paying taxes on the property. Hugh Field, City Attorney, stated that he would be glad to review her abstract following tonight's meeting to determine whether or not this is a public right of way. Councilperson Brown read several passages from the book entitled Building Your Mate's Self -Esteem. August 22, 1988 Page 9 Oral Presentations - continued Kathy Oberle, 710 Forest Avenue, reminded the public that a town meeting is scheduled for Wednesday, August 24, 1988 at 7:00 p.m. at the Waterloo Recreation & Arts Center on the local option tax. Moved by Buck, seconded by Wright that the above comments be received and placed on file and that the meeting be adjourned. Motion carried. Larry P. Burger Clerk/Auditor