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HomeMy WebLinkAbout03/17/1988March 17, 1988 The Council of the City of Waterloo, Iowa, met in Special Session at City Hall Council Chambers, Waterloo, Iowa, at 4:00 p.m., on March 17, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. 91766 - Moved by Brown, seconded by Wright to receive and file Calls of Special Session at City Hall Council Chambers, Waterloo, Iowa, at 4:00 p.m. on March 17, 1988. Motion carried. 91767 - Moved by Angel, seconded by Fox that the Agenda, as amended, for the Special Session on March 17, 1988, at 4:00 p.m., be accepted and approved. Motion carried. HEARING 91768 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on request of Willard Frost and Wayne and Aniceta Claassen to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District approximately 166 acres generally located along the south side of Newell Street and the west side of North Elk Run Road as published in the Waterloo Courier on March 8, 1988, be received and placed on file. Motion carried. 91769 - Moved by Wright, seconded by Fox to receive and file all previous action, including the Planning, Programming and Zoning Commission staff reports and City Council proceedings of February 10, 1988 relating to said rezoning. Motion carried. 91770 - Moved by Buck, seconded by Wright that the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 91771 - Mayor McKinley opened the public hearing with a statement to the Council prepared with the assistance of the City's legal department. The Mayor stated that the purpose of the meeting as well as the previous public hearing was to provide the public the opportunity to comment on the proposed rezoning. He asked that the Council give full consideration to all facts presented. HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. The Clerk reported that there were no other comments on file other than those previously received and filed by the Council. Mayor McKinley stated that a letter had been received from Eugene Leman, Executive Vice President of Pork of IBP, which provided details of the proposed operation. Dan Dennis, 1225 Independence Avenue, presented a petition from residents and members of the Highland Neighborhood Association. Their concerns included the reconstruction of Independence Avenue, which will carry heavy truck traffic serving the northeast industrial zone of Waterloo. The petitioners asked that the City consider imposing an embargo on truck traffic on Independence Avenue. March 17, 1988 Page 2 Don Temeyer, Planning and Development Director, summarized the Planning, Programming and Zoning Commission staff report concerning the proposed location of the facility, surrounding zoning, utilities available to the site, current and projected traffic counts, and road facilities available to the site. In response to a question concerning the East Waterloo Airport, Mr. Temeyer reported that the Federal Aviation Administration must approve any construction within the approach zone of this public airport. It is not anticipated that any problems will arise concerning this matter. Doug Sharp, Executive Director of the Cedar Valley Partnership, asked for the Council's approval of this rezoning. This facility would provide diversity from an economic development standpoint, and secondly, very few large tract developments for industrial purposes are available in the metro area outside of the Flood Plain. Mayor McKinley asked the City Attorney to make a statement concerning comments at the last public hearing concerning the moral and ethical character of IBP. Hugh Field, City Attorney, stated that the zoning ordinance does not include review of the moral or ethical standards of a zoning applicant. He asked that the Council carefully review the zoning ordinance and make a determination based upon these factors. Don Baker, 265 Hammond Avenue, spoke on behalf of the proposed facility. Joan McCann, 2834 Quail Place, stated that she appeared before the Council for two reasons. The first was that she wanted to continue to take pride in the quality of life that the community strives to affordto its citizens. Secondly, she wanted to be able to tell her students that representative democracy is alive and well in Iowa. She questioned the incentives that were offered to IBP by the City of Waterloo and the State of Iowa to one of the Nation's richest meat packers. In response, Hugh Field stated that the incentives offered to IBP were no different than those offered to any other company proposing to locate within the City of Waterloo. The industrial tax abatement is authorized by State Law and is offered to all expanding or newly located businesses in the community. Mayor McKinley also responded by stating that IBP has not applied for CEBA or RISE funds for this particular project. They will also be paying a sizable water bill and also will be paying their fair share of sewage treatment costs. He emphasized that the City was not providing any "free" services to IBP. Councilperson Brown interjected by stating that the Job Training Program offered by the State of Iowa was granted to such large companies as John Deere, Kodak and Wal-Mart. Mayor McKinley stated that large companies as well as small companies are offered these incentives. Father Karnik, Pastor of St. John's Church as 1701 Mulberry Street, stated that the City of Waterloo has a moral responsibility as public servants concerning this rezoning issue. He reported an incident that appeared in the March 14 issue of the Des Moines Register concerning the disability of Janet Henry at an IBP facility in Storm Lake. Father Karnik also stated that he was made aware of a situation whereby a Waterloo public official who strongly supports IBP had offered to pay hush money to keep a couple quiet concerning their loss of jobs due to injury at the Columbus Junction Plant and their subsequent move back to Waterloo. City Attorney Hugh Field asked that any slanderous accusations made by Father Karnik be further explained. Councilperson Angel asked that Father Karnik give the names of the people involved in the situation so that it could substantiated. L. C. Hennessey, 319 Belmont Avenue, reiterated the wage scale that will be paid by IBP. He also stated that he thought that Citizens for Fair Employment should not complain so loudly about IBP until their performance can be measured. a March 17, 1988 Page 3 Jim Mulick, 1103 Wisner Drive, was concerned with the housing of the employees of IBP. He asked whether IBP will be bringing in trailers. Mayor McKinley responded by stating that there are sufficient vacant spaces for trailers within the corporate limits of Waterloo, as well as many vacant houses and apartments. He stated that he did not feel that this would be a problem in Waterloo. Dorothy Hacker, 1325 Pleasant Valley Drive, stated that her son-in-law went to work for IBP in Council Bluffs 14 months ago and has earned $20,000 in the first 11 months. At his current rate, he will probably be making $24,000 annually. If IBP locates in Waterloo, he will be moving back to the metro area. JoLynn Brown, President of the Board of Directors of the Highland Neighborhood Association, stated that with the reconstruction of Independence Avenue increased truck traffic will be likely. She stated that the residence would like a guarantee that an embargo will be placed on all residential roads throughout the area to protect residents from traffic. Mayor McKinley responded by stating that an embargo would be considered at the time Independence Avenue is completed. One of the reasons that IBP is considering locating at this location is that it is accessible without having to drive thru residential areas. Gene Wester, 558 Indiana Street, asked what kind of written agreement the City has with IBP on sewage disposal costs. Hugh Field commented that the City has a written agreement with IBP (approved February 10, 1988). The City will not require a lift station and that even with the Tannery and IBP, the sewage facility will not be at capacity. Mr. Wester and Bruce Bottorff, Superintendent of Water Pollution Control, exchanged comments concerning discharge during cold weather. Mr. Wester also asked questions concerning subsidizing IBP's cost of sewage and asked whether the citizens will be sharing in their costs. The details of the sewer treatment agreement with IBP was explained by both Mayor McKinley and Hugh Field. IBP will share in increases that all customers pay, but that they will not share in any decreases in rates. Their rates will rise at the same rate over the next five years as any other customer. John McDowell, 85 Franklin Street, asked whether any of the promises that have been made in the newspaper are a matter of public record. Mayor McKinley stated that the sewer agreement that has been signed with IBP allows them to add a pre-treatment plant at their facility that meets all Federal, State and local regulations. Sister Barbara Gross, 1723 Kimball Avenue, questioned the overall impact of the company on the environment. Hugh Field stated that unlike the Columbus Junction Plant, discharges will be monitored daily by the City's Pollution Control Plant. Bill Jenney, resident of Elk Run Heights and a member of the Citizens for Fair Employment, asked that the Council delay action on the rezoning to allow them ample opportunity to review all evidence on IBP. Bill Gilliam, representing Warren Transport, asked that the Council consider two significant matters tonight. First was Doug Sharp's comments concerning the diversity that IBP would bring to the community. Secondly, the injuries that have been experienced by workers at other IBP Plants. Don Temeyer, Planning and Development Director, stated that the Planning, Programming and Zoning Commission has adopted a resolution that this rezoning request is in conformance with the 1987 Future Land Use Plan. Mary Lichty, 535 West Wellington, questioned the use of agricultural land for an industrial use and also that the Land Use Policy Plan does not receive input from the people that it affects. Don Temeyer stated that the Land Use Policy Plan does not in affect "zone" individual property but merely gives an indication of an appropriate use, given the surrounding amenities. March 17, 1988 Page 4 Donna Vollenweider, 2733 Fairlane Avenue, reported on the high injury rate for IBP. She also asked that IBP officials come to the community to answer questions and answers of citizens. Comments were exchanged between Ms. Vollenweider and Hugh Field concerning her proximity to the rezoning request. Orrin Miller, 1920 Franklin Street, presented information concerning Waterloo's fire protection as a result of IBP locating in the community. Moved by Angel, seconded by Brown that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 235 to Section 2A-7, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 91772 - Moved by Buck, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended and that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Seven. Motion carried. 91773 - Moved by Fox, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 235 to Section 2A-7, Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3533. 91774 - Don Temeyer, Planning and Development Director, reviewed the proposed site and surrounding land uses. Access to and from the site was also discussed. Moved by Buck, seconded by Wright that communication from City Planner transmitting site plan of proposed IBP Pork Processing Plant generally located south of Newell Street and west of North Elk Run Road, together with recommendation of approval of the Planning, Programming and Zoning Commission, and "Resolution approving said site plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-115. 91775 - Moved by Wright, seconded by Angel that the Council adjourn to Executive Session. (Hugh Field, City Attorney, stated that labor negotiations are an allowable topic of discussion under the State Opening Meeting Law.) Motion carried. EXECUTIVE SESSION 91776 - Moved by Wright, seconded by Angel that the Council adjourn Executive Session. Ayes: Seven. Motion carried. 91777 - Moved by Dell, seconded by Wright to authorize the Negotiating Team to proceed with contract negotiations. Ayes: Seven. Motion carried. A \ E March 17, 1988 Page 5 91778 - Moved by Dell, seconded by Fox that the Special Session adjourn. Motion carried. Larry P. Burger City Clerk/Auditor