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HomeMy WebLinkAbout12/09/1985December 9, 1985 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 December 9, 1985. Mayor Bowers in the Chair. Roll call: Wright, Dowie, Seeber, Getty, Lichty, Klinger. Absent: Penaluna. Invocation by Wright. 88480 - Moved by Klinger, seconded by Dowie that the Agenda, as proposed for the Regular Session of December 9, 1985 at 7:00 p.m., be accepted and approved. Motion carried. 88481 - Moved by Lichty, seconded by Seeber that the Minutes of the Regular Session held December 2, 1985, at 7:00 p.m., be approved. Motion carried. HEARINGS 88482 - Moved by Wright, seconded by Dowie that proof of publication of notice of public hearing for reroofing project for the Street Department at 1601 Black Hawk Street, as published in the Waterloo Carrier on November 29, 1985, be received and placed on file. Motion carried. 88483 - HOLD HEARING --This being the time and place for public hearing the Mayor called for written and oral objections and there were none. Moved by Getty, seconded by Wright that "Resolution authorizing to proceed with Reroofing Project for the Street Department at 1601 Black Hawk Street", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1985-693. 88484 - Moved by Klinger, seconded by Dowie that proof of publication of notice of public hearing to reduce 50' easement along rear portion of property at 2516 W. 9th street - Jerry Puls, as published in the Waterloo Courier on November 29, 1985, be received and placed on file. Motion carried. 88485 - HOLD HEARING --This being the time and place for public hearing the Mayor called for oral and written objections and there were none. Bob Stevenson, City Planner, stated that the Planning, Programming and Zoning Commission had recommended denial of this request for the following reasons: 1. Following review by the Department of Water, Air and Waste Management, Brice, Petrides and Assoc., Inc., and City Engineer's Office the Commission concurred that the 50' easement must be retained in its entirety for purposes of storm water drainage and flood storage. 2. This easement was obtained by the City to prevent development from encroaching into the flood way and flood plain of Dry Run Creek. 3. The City of Waterloo has adopted a Flood Plain Management Ordinance in order to control development in flood hazard areas such as this. December 9, 1985 Page Two HEARINGS CONTINUED 88485 - He also reported that his staff has worked with Mr. Puls to situate the detached (Cont) 24' x 26' garage that he wishes to construct on another portion of the lot to meet the minimum set back on yard requirements and easements. Moved by Dowie, seconded by Seeber that the recommendation of denial of the Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. 88486 - Moved by Dowie, seconded that "Ordinance reducing Street - Jerry Puls", be Motion carried. by Klinger 50' easement along rear portion of property at 2516 W. 9th denied. Ayes: Six. Absent: Penaluna. 88487 - Moved by Getty, seconded by Lichty that proof of publication of notice of public hearing for Special Permit request of Ron Soper for purposes of cutting iron tubs at the southwest corner of intersection of North Hackett Road and Shirey Way, as published in the Waterloo Courier on November 29, 1985 be received and placed on file. Motion carried. 88488 - HOLD HEARING --This being the time and place for public hearing the Mayor called for oral and written objections. Bob Stevenson, City Planner, reported that Mr. Fred Richmond, 3065 Shirey Way, has filed an objection to this request. An area resident stated that Mr. Richmond has suffered a second stroke as a result of the operation in his neighborhood. Ken Lockard, representing the corporation that owns the property, stated that in the past the property has been used as a mixing plant area. Conversion to a scrap metals yard was not seen as a significant dlange from this use. Currently the company employs 4 to 5 people. He stated that he understood the delicate situation that exists with Mr. Richmond's health and that of keeping his business open. Mrs. Leroy Moore, 216 Greenwood, stated that in her 29 years of residence in the Sherwood Park Area she has never experienced so much noise in the neighborhood. She asked that the Council not permit this use. Ron Soper, the applicant, stated that he has curtailed his operation so that no loading takes place before 8:00 a.m. or after 3:00 p.m. in the afternoon. There are no junk cars in the area and asked that the Council consider permitting this use. Bob Stevenson, City Planner, stated that should the Council grant this special permit request, the location would be reviewed annually by appropriate City Departments for compliance to ordinances relating to this use. Tim Boller, also spoke on behalf of Mr. Richmond. He reported that a pollution problem does exist in the area as a result of this operation. Cindy Mercier, a nurse from the Visiting Nurses Staff, who visits Mr. Richmond's house on a weekly basis, said that the business is noisy, dirty, smelly and is hazardous to Mr. Richmond's health. She stated that on her visits to Mr. Richmond's home, she found the operation to be detrimental to Mr. Richmond's health. On several occasions she stated that the noise produced frau the scrap metals being dumped on to trucks sounds like to two trains being knocked together. She also presented pictures of Mr. Richmond's house which showed that soot could be seen on Mr. Richmond's premises and is detrimental to his garden, his main food source. December 9, 1985 Page Three HEARINGS CONTINUED 88488 Homer Ford, 218 Greenwood, also objected to the proposed use. (Cont) Ron Soper, the applicant, reported that he has attempted to find a new location for his business and the dueapest he has found would cost $1,000 per month. He currently pays $300.00 per month at this location. He stated that the Building Department had issued the appropriate permits for him to operate at this location. Moved by Dowie, seconded by Klinger that the recommendation of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 88489 - Moved by Getty, seconded by Wright that "Resolution approving said special permit and allow his operation at this location until June 30, 1986", be adopted. Ayes: Wright, Dowie, Getty. Nays: Lichty, Seeber, Klinger. Absent: Penaluna. The Mayor declared the motion failed. 88490 - Moved by Klinger, seconded by Dowie that "Resolution approving said Special Permit to operate his business at this location until April 1, 1986", be adopted. Ayes: Wright, Dowie, Klinger. Nays: Seeber, Lichty, Getty. Absent: Penaluna. The Mayor declared the motion failed. 88491 - Moved by Dowie, seconded by Lichty that action that on the request of Ron Soper for a Special Permit at said location he delayed until December 16, 1985. Ayes: Six. Absent: Penaluna. Motion carried. 88492 - Moved by Getty, seconded by Klinger that proof of publication of notice of public hearing to review proposals by interested developers to sell and convey real property known as the former Rath Packing Company, as published in the Waterloo Courier on December 2, 1985 be received and placed on file. Motion carried. 88493 - HOLD HEARING --The Mayor announced that the time had arrived for the public hearing and called for written and oral objections. Scott Hagan, representing developer Frank Metts reported Mr. Metts has a long history of development in the Louisville, Kentucky area. He stated that he was willing to pay $350,000 over ten years for 9 of the City's 11 parcels. He stated that there are no specific uses for the property at this time and stated that he and his company are willing to provide the best possible situation for the City of Waterloo and as well as for their company. W. Louis Beecher, representing Intro -Spec, stated that his company consists of several Northeast Iowa farmers and hog producers who plan to open a 250 employee hog slaughtering plant by Spring. He reported that this group of investors had investigated building a hog slaughtering facility but found that the upfront costs were too expensive; therefore, they were interested in moving into the Rath loca- tion. He reported that his investors were willing to turn back to the City any portion of the plant that they would not need. He stated that should the Council approve their request for purchase, their next step would be to approach the Black Hawk County Economic Development Committee to purchase a portion of the equipment that they now awn. December 9, 1985 Page Four HEARINGS CONTINUED 88493 - Harry Slife, Chairperson of the Cedar Valley Economic Action Company stated that (Cont) they had reviewed both proposals now before the Council. He commended both parties for their endeavors. Cedar Valley had also reviewed the possibility of a joint venture between the two companies so that both parties could use a portion of Rath; however, upon review of this they felt that such a joint venture was impossible. Therefore the Cedar Valley Action Committee was recommending that the Council accept the proposal of Intro -Spec. This recommendation was based on the fact that an opportunity was being given to the City for an immediate influx of jobs into the Community. Bill Smith, Attorney representing the Community Development Board stated that the Board recommended the sale of 5 1/2 acres to Crystal ice and Storage, 105 E. 10th Street. They plan to expand and employ another 10 to 12 people. Tom Poe, representing Crystal Ice and Cold Storage urged the Council's approval of the sale. Moved by Getty, seconded by Lichty that the above remarks be received and placed on file. Motion carried. Councilperson Lichty asked who would be responsible for the payment of back taxes and sewer dlarges that Rath has not yet paid. Bill Smith reported that a suit has been filed against Rath Packing Company in bankruptcy court to collect these unpaid charges. 88494 - Moved by Getty, seconded by Dowie that the above remarks be received and placed on file. Motion carried. 88495 - Moved by Getty, seconded by Seeber that "Resolution approving the sale of Parcels of 4 and 10 to Crystal Ice and Storage", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1985-694. Mayor Bowers urged the Council's approval of the sale to Intro -Spec. 88496 - Moved by Getty, seconded by Dowie that "Resolution approving sale of approximately 25 acres of former Rath Packing Company property to Intro -Spec in the amount of $390,000", be adopted and the Attorney instructed to prepare the appropriate documentation. Ayes: Five. Nays: Lichty. Absent: Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1985-695. Mayor Bowers thanked the Council for their initiative in approving this sale. He stated that this has been a long-time goal of his administration and was grateful that the Council could complete the action prior to his leaving office in January. 88497 - Councilperson Wright stated that following an event at Conway Civic Center on Thursday, December 5, 1985, patrons of the West Side Parking Ramp were delayed up to 45 minutes. This was due to the lack of personnel at the ticket booths. She asked that this situation be reviewed immediately. December 9, 1985 Page Five ORAL PRESENTATIONS CONTINUED 88497 - The problems with City residents parking on City streets since the snowfall was (Cont) again reviewed. The difficulty that the snow plows have removing the snow frau City streets due to the situation was highlighted. Councilperson Getty stated that the City will continue to have such problems until such time as they pass an ordinance regulating same. He urged the Council's consideration of such an ordinance immediately. Moved by Seeber, seconded by Dowie that the above remarks be received and placed on file. Motion carried. UNFINISHED BUSINESS 88498 - Mayor Bowers declared that he would veto Council Action #88463 taken by the City Council on December 2, 1985 regarding the release of Volume 2 of the P.R.P.-85-7. Chuck Adams, President of the Citizen's for Community Improvement (CCI), stated that he was disappointed by the Mayor's Action on this item. 88499 - Moved by Dowie, seconded by Seeber that communication frau Deputy Clerk/Auditor transmitting recommendation on republication of notice regarding vacation, sale and conveyance of the easterly 17' of Allen Street together with recommendation of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 16, 1985, at 7:00 p.m. on above described proposal", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1985-697. REPORTS 88500 - Moved by Klinger, seconded by Seeber that minutes from Waterloo Human Rights Commission of October 17, 1985 be received and placed on file. Motion carried. 88501 - Moved by Klinger, seconded by Seeber that communication from Sign and Traffic Department transmitting recommendation on parking diange on Westfield Avenue from No Parking Anytime to 30 Minutes Parking be received, placed on file, approved and City Attorney instructed to prepare an ordinance accordingly. Motion carried. RESOLUTIONS TO BE ADOPTED 88502 - Moved by Dowie, seconded by Wright that 'Resolution accepting and approving permanent easement for Maywood Storm Sewer for drainage project from Ana Mae Schoeberl for Parcel No. W-37", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1985-698. 88503 - Moved by Dowie, seconded by Wright that 'Resolution regarding the issuance of not to exceed $175,000 for Industrial Development Revenue Bonds for Progressive Tool Project and set date of hearing as January 6, 1986, at 7:00 p.m. in the City Hall Council Chambers and authorizing execution of an amendment to the Memorandum of Agreement previously executed on October 7, 1985, in conjunction with said issuance", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1985-699. December 9, 1985 Page Six RESOLUTIONS TO BE ADOPTED CONTINUED 88504 - Moved by Dowie, seconded by Wright (Cont) that "Resolution authorizing the issuance of $6,905,000 Sewer Revenue Bonds", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1985-700. BILLS PAYMENT 88505 - Moved by Dowie, seconded by Getty that "Bills, Resolution Schedule A and B which includes Schedule of Bills payable in the sum of $108,538.87 (p. 1-5) dated December 6, 1985 and Schedule of Bills payable in the sum of $630,547.58 (p. 1-15) dated December 9, 1985", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1985-701. 88506 - Moved by Getty, seconded by Klinger that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: 1985 Intercity interceptor, Stage V, 5th and 6th Street Crossing, Contract No. 282 Pay estimate No. 3 from Brice, Petrides and Assoc., in the amount 6F-$9,483.15. Hackett Road By -Pass, Project No. IX -6585(3)--79-07 Pay estimate from Brice, Petrides and Assoc., Inc., in the amount of $2,760. Hackett Road By -Pass, Project No. IX -6585(1)--79-07 Pay estimate frau Brice, Petrides and Assoc., Inc., in the amount of $25,049.17. F.Y. 1985 East Park Avenue Area Improvements, Contract No. 263 Pay estimate No. 6 from Brice, Petrides and Assoc., Inc., in the amount of $7,789.67. Relocated Highway 218 Design Review and Interpretation on City Related Projects Pay estimate from Brice, Petrides and Assoc., Inc., in the amount of $1,940.46. F.Y. 1986 East Side Parking Ramp Repairs, Phase 2, Contract No. 292 Pay estimate No. 2 from Cardinal Construction Company in the amount of $11,948.50. F.Y. 1985 Intercity Interceptor Stage V, 5th and 6th Street Crossing, Contract No. 282 Pay estimate No. 2 frau Peterson Contractors Inc., in the amount of $41,127.40. F.Y. 1986 San Souci Island ByPass Channel Wing Dam, Contract No. 237 Pay estimate No. 1 frau Rampart Corporation in the amount of $5,118.12. F.Y. 1986 Railroad Runaround Track Iowa Northern Railway, Contract No. 291 Pay estimate No. 1 from &impart Corporation in the amount of $60,386.98. F.Y. 1985 Intercity Interceptor, Stage IV, Highway 63, Highway Station Storage Units Contract No. 255 Pay estimate No. 4 from Youngblut Construction Company in the amount of $106,656.50", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1985-702. December 9, 1985 Page Seven BILLS PAYMENT CONTINUED 88507 - Moved by Getty, seconded by Klinger that "Resolution approving the following statement for amount shown together with recommendation of approval: F.Y. 1985 Intercity Interceptor, Stage IV, Highway 63 Pumping Station Storage Units, Contract No. 255 Statement from Brice, Petrides and Assoc., in the amount of $6,541.85", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1985-703. NEW BUSINESS 88508 - Moved by Dowie, seconded by Seeber that communication frau Mayor Del Bowers recommending the reappointment of Ron Kemp to the Waterloo Cablevision Commission for term expiring December 1, 1988, be received, placed on file and approved. Motion carried. 88509 - Moved by Dowie, seconded by Seeber that "Resolution adopting and levying final schedule of assessments, and providing for payment thereof for the F.Y. 1986 Paving Program, Contract No. 288", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1985-704: 88510 - Moved by Dowie, seconded by Seeber that "Resolution ordering preparation of final plat and schedule of assessments for the F.Y. 1986 Paving Program, Contract No. 288", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1985-7064 88511 - Moved by Dowie, seconded by Seeber that the following requests for travel with expenses not to exceed amounts shown, be received, placed on file and approved: Captain, Dennis L. Moore, to attend Interpersonal Dynamics Fire Service Fire Academy, Emmitsburg, Maryland, January 6-17, 1986, cost not to exceed $132.00. Motion carried. MISCELLANEOUS 88512 - Moved by Dowie, seconded by Seeber 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: Beer and Wine Application Permit Class E Quiktrip Corporation, 906 Franklin, (New) (Expires 1/20/87) plus Sunday sale Beer and Liquor Application Permit Class C Red Cedar Lounge, 102 West llth Street (Renewal) (Expires 12/17/86) plus Sunday sales Roy's Forty and Over Lounge, 622 Water Street, (Renewal) (Expires 12/13/86) The Enterventur Company, 3555 University Ave., (Renewal) (Expires 12/15/86) Beer Application Permit Class B Godfather's Pizza, 3811 University Ave., (Renewal) (Expires 12/15/86) plus Sunday sales Motion carried. December 9, 1985 Page Eight BONDS 88513 - Moved by Getty, seconded by Klinger that the report of City Attorney and list of bonds filed with Clerk through December 9, 1985, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 88514 - Moved by Klinger, seconded by Lichty that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor