HomeMy WebLinkAbout05/19/1986May 19, 1986
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 May 19, 1986. Mayor McKinley in
the Chair. Roll call: Budak, Seeber, Lichty, Wright, Angel, Dowie, and Miller.
Invocation by: Rev. John P. Burke, Grace Brethren Church.
Pledge of Allegiance by: Pack 25.
89197 - Moved by Dowie, seconded by Miller
that the Agenda, as amended for the Regular Session of May 19,
be accepted and approved.
Motion carried.
1986 at 7:00 p.m.,
89198 - Moved by Seeber, seconded by Lichty
that the Minutes of the Regular Session held May 12, 1986, at 7:00 p.m., be
approved.
Motion carried.
ORAL PRESENTATIONS
89199 - Gene Geiger, 1110 Randolph Street, approached the Council concerning the riverbank
along River Plaza (505 Cedar Street). The owner of this property has been blocking
access to the river by anchoring a fence into the flood wall. He asked whether or
not this was permitted.
Councilperson Miller stated that the property owner owns and controls the property
to the flood wall and it becomes a question of access and whether or not gates can
be anchored into the flood wall. Mayor McKinley stated that he would have City
staff look into this matter and report back to Mr. Geiger.
Councilperson Lichty asked that all Council members speak clearly into the
microphones so that everyone in the audience can hear the conversation.
Councilperson Lichty stated
Police Department, they have
taverns. This would allow
tavern. Police Chief Shook
his officers.
that in conversations with members of the Waterloo
supported the idea of a "peephole" in the doors of
them to know the circumstances before they enter a
stated that such an ordinance would be beneficial to
Moved by Miller, seconded by Wright
that the City Attorney be instructed to prepare an ordinance that would permit a
peephole in tavern doors.
Motion carried.
PETITIONS FROM PUBLIC
89200 - Moved by Dowie, seconded by Angel
that communication from City Engineer transmitting request of Paul S. Miller,
Joy Drive, for temporary concrete driveway, together with recommendation
approval, be received, placed on file and "Resolution approving said request",
adopted. Ayes: Seven.
99
of
be
Resolution adopted and upon approval by Mayor assigned No. 1986-270.
89201 - Moved by Dowie, seconded by Angel
that communication from City Engineer transmitting request of Robert M. Jones, 503
Creston Avenue, for temporary asphalt driveway, 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. 1986-271.
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May 19, 1986 Page Three
UNFINISHED BUSINESS
89207 - The Mayor announced that the time had arrived to hear discussion on the proposed
resolution of City participation with regard to litigation against the Waterloo
Board of Adjustment for their action taken on variance at 600 Reber (Case No. 289
of April 22, 1986).
Dave Dutton, attorney representing the neighbors of the Reber Avenue area, stated
that this variance would pose a threat to the neighborhood. He also stated that
there are three arguments that the action taken by the Board was improper: (1)
Iowa Law requires that the Board of Adjustment publish its rules of procedure of
how appeals are made by citizens, etc. No such rule publication has occurred: (2)
Each decision of the Board must be addressed in writing. He stated that the
minutes of the meeting do not accurately reflect the contents of the discussion
during the Board Meeting and (3) that the continuation of a nonconforming use is
not the intention of the zoning ordinance. He also stated that the City of
Waterloo should take on the burden of challenging these issues to determine whether
or not the Board acted legally. Discussion followed on who would be responsible
for payment of attorney fees should the City take action against the Board of
Adjustment.
Hugh Field, City Attorney, reiterated his communication to the Mayor and Council of
May 16, 1986. He recommended that the Council decline involvement in this dispute.
Councilperson Wright expressed concern of deciphering between two clear issues:
(1) whether the Board of Adjustment action was illegal and (2) whether the Council
could take action against one of its own boards and commissions.
Kay Buehler, co-owner of the property at 600 Reber Avenue, stated that she
regretted the controversy and attitudes that have eminated from this situation.
She stated that they had tried to keep the business operating but that with the
controversy they have been losing their cooperative attitude. She stated that much
of the business of the Auto Parts Store will be wholesale.
Dave Primmer, tenant of the building at 600 Reber Avenue, stated that he had lived
in the Reber Avenue area since 1955. He invited Council members to view his
operation.
Chuck Demuth, 801 Reber Avenue, asked the Council how three people (members of the
Board of Adjustment voting on the prevailing side of the motion) could control the
lives of 96 people. He also stated that this is the first time he has heard the
tenant address his business as being wholesale. He asked the City to enforce its
ordinances and again questioned why the Board of Adjustment was the first body to
act on this variance.
Ken Buehler, co-owner of property at 600 Reber Avenue, stated that the petition
containing the signatures of 96 people opposing the variance were not all
associated with the area. He stated that the petitioners favored the building
to remain vacant. He stated that the Council should go ahead and take the matter
to District Court and that they were willing to hire their own attorney to defend
them.
Dave Dutton cited several Iowa Supreme Court decisions regarding the actions of
Board of Adjustments.
Councilperson Seeber asked if there was any other recourse than to take the Board
of Adjustment to court. It was stated that Council members have power over the
appointment of members to the Board of Adjustment. It was stated that there is no
other precedent for a City suing one of its own boards or commissions.
There was discussion on allowing "parking on the parking" as is done at 600 Reber
Avenue.
Mayor McKinley stated that the question boiled down to whether or not the Council
was willing to pay the legal costs that would be incurred for hearing this case in
court.
Gene Geiger, 1110 Randolph, stated that it is very difficult to "get to" a Board or
Commission member.
The Mayor indicated that the Board of Adjustment was created as an administrative
body not to be influenced by political ebbs and flows.
Councilperson Budak stated that he felt that the Board of Adjustment had made a
wrong decision and that the City should be indebted to its citizens.
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Page Five
DOCUMENTS CONTINUED
89214 - Moved by Dowie, seconded by Miller
that communication from Clerk/Auditor transmitting one-year Occupancy Agreement
with Public Employees Credit Union for space in City Hall, together with
recommendation of approval of Building and Grounds Committee, be received, placed
on file and "Resolution approving said agreement", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-283.
89215 - Moved by Dowie, seconded by Miller
that communication from City Planner transmitting recommendation of award of
contract to Cedar Valley Corporation in the amount of $1,549,573.09 for West Fourth
Street, (IX -6587(6)--79-07), be received, placed on file and "Resolution approving
said contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-284.
RESOLUTIONS TO BE ADOPTED
89216 - Moved by Angel, seconded by Budak
that "Resolution transferring from the Federal Revenue Sharing Fund the sum of two
hundred ninety-nine thousand one hundred seven dollars and ninety cents
($299,107.90) to the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-286.
89217 - Moved by Angel, seconded by Budak
that "Resolution transferring from the Trust and Agency Fund the sum of two hundred
eighteen thousand one hundred thirteen dollars and ninety-one cents ($218,113.91)
to the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-287.
89218 - Moved by Angel, seconded by Budak
that "Resolution transferring from the Tax Increment Financing Fund the sum of one
hundred fifty-seven thousand six hundred thirty-seven dollars and thirty-nine cents
($157,637.39) to the Debt Service Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-288.
89219 - Moved by Angel, seconded by Budak
that "Resolution transferring from the Debt Service Fund the sum of one hundred
fifty-four thousand forty-six dollars and fifty cents ($154,046.50) to the Sewer
Revenue Debt Sinking Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-289.
89220 Moved by Angel, seconded by Budak
that "Resolution transferring from the Sewer Facilities Fund the sum of one hundred
twenty-four thousand five hundred sixty-one dollars and fifty cents ($124,561.50)
to the Sewer Revenue Debt Sinking Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-290.
89221 Moved by Angel, seconded by Budak
that "Resolution authorizing the Mayor to submit an application to Economic
Development Administration for Economic Development Study", he adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-291.
May 19, 1986 Page Six
RESOLUTIONS TO BE ADOPTED CONTINUED
89222 - Moved by Angel, seconded by Budak
that "Resolution accepting 40 foot sanitary sewer/public utility easement between
Iowa Northern Railroad and Washington Street (Relocated Highway 218/I-380) and
north of vacated Easton Avenue, together with recommendation of Planning,
Programming and Zoning Commission", be adopted and Deputy Clerk/Auditor instructed
to certify a copy to the County Recorder's Office. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-292.
89223 - The Mayor announced that the time had arrived to hear discussion on the Resolution
approving the FY87 salary proposal for non -bargaining employees.
Jim Rodemeyer, Personnel Director, stated that the proposal included a 1.5%
increase for employees on July 1, 1986, with a 2.5% increase on January 1, 1987.
This resulted in a total increase of 2.75% which is identical to the negotiated
agreements with bargaining units.
Councilperson Angel objected to across the board increases. She stated that a
performance appraisal system should be implemented and raises judged according to
their review. The Mayor indicated that a performance appraisal system will be
initiated soon with department heads being evaluated by the Mayor. He also stated
that he knew of no recommendations not to raise any department head's salary.
Councilperson Angel indicated that they had been mislead during labor strategy
sessions.
Councilperson Seeber acknowledged that giving a percentage increase is not always
the best method but the only method available at this time. Councilperson Lichty
objected to a percentage increase for management employees. Councilperson Budak
stated that it would be difficult not to give management equal raises to that given
to the bargaining units.
Moved by Budak, seconded by Seeber
that "Resolution approving a 1.5% increase for employees on July 1, 1986 and 2.5
increase on January 1, 1987", be adopted. Ayes: Five. Nays: Lichty and Angel.
Resolution adopted and upon approval by Mayor assigned No. 1986-285.
89224 - Moved by Seeber, seconded by Dowie
that the position of Assistant City Planner be placed in Range 19 effective July 1,
1986 at a pay increase of $1,527 and the position of City Planner/Tranportation
Program Manager be placed in Range 24 effective July 1, 1986 at a salary increase
of $874. Ayes: Budak, Seeber, Wright, Dowie and Miller. Nays: Lichty and Angel.
Motion carried.
89225 - Moved by Seeber, seconded by Dowie
that the position of Paramedic Supervisor receive an increase of 4.5% on July 1,
1986 and 4.5% increase on January 1, 1987. Ayes: Six. Nays: Lichty.
Motion carried.
89226 - Moved by Seeber, seconded by Wright
that the position of Assistant City Attorney be reclassified to Range 4, effective
July 1, 1986 at an increased salary of $1,365. Ayes: Six. Nays: Lichty.
Motion carried.
89227 - There was discussion heard on the salary increase for Administrative Secretaries.
Mr. Rodemeyer explained the plan for making the positions more equitable.
Moved by Seeber, seconded by Wright
that the 12 Administrative Secretaries currently classified in Range C be placed in
Range D, effective July 1, 1986 and in Range E, effective January 1, 1987 and a
commitment made to move them into Range F on July 1, 1987, and that the Secretary
currently classified in Range E be moved to Range F on January 1, 1987 and that the
salary of the Administrative Secretaries in the Parks Department, Police Department
and Fire Department be placed in Range F whenever they become vacant. Ayes:
Budak, Seeber, Wright, Dowie and Miller. Nays: Lichty and Angel.
Motion carried.
May 19, 1986 Page Seven
RESOLUTIONS TO BE ADOPTED CONTINUED
89227 - Councilperson Budak expressed concern regarding the Division Chiefs salary in the
(cont.) Fire Department ($33,700). The current salary is nearly the same as Captains in
the Police Department. Jim Rodemeyer indicated that an assessment will be made
later in the year to evaluate this recommendation and that a recommendation will go
to the Reorganization Committee on this matter. Councilperson Angel indicated that
she disagreed with the hiring of an outside consultant to evaluate the jobs of the
Administrative Secretaries as has been proposed. She stated that the present
Personnel Department should be able to undertake this study and ignore the
personalities of those people within those positions.
Councilperson Seeber stated that he felt that the management staff should not be
treated as second-class citizens and that the Council should be commended for
giving raises within the confines of the budget. The FY 87 budget was adopted
without any tax increases.
ORDINANCES TO BE ADOPTED
89228 - Moved by Dowie, seconded by Wright
that "Ordinance amending the Traffic Code
(W) of Section 562, Two Hour Parking; and
(3) Fourth Street (W) of Section 562, Two
on West Fourth Street)", be received, fi
time. Ayes: Seven.
Motion carried.
by repealing Subsection (3) Fourth Street
enacting in lieu thereof a new Subsection
Hour Parking (Removal of Courtesy Parking
led, considered and passed for the first
89229 - Moved by Wright, seconded by Seeber
that rules requiring ordinances to be considered and voted for passage at two prior
meetings, be suspended, and that below 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.
89230 - Moved by Wright, seconded by Seeber,
that "Ordinance amending the Traffic Code by repealing Subsection (3) Fourth Street
(W) of Section 562, Two Hour Parking; and enacting in lieu thereof a new Subsection
(3) Fourth Street (W) of Section 562, Two Hour Parking (Removal of Courtesy Parking
on West Fourth Street)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3433.
NEW BUSINESS
89231 - Moved by Seeber, seconded by Dowie
that communication from Waterloo Water Works transmitting recommendation for water
kill, 321 Linden Avenue, together with certification to County Treasurer, be
received, placed on file and "Resolution approving said water kill", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-293.
89232 Moved by Seeber, seconded by Dowie,
that communication from Planning, Programming and Zoning Commission transmitting
proposed Zoning Ordinance amendments pertaining to offstreet parking requirements
for bars, restaurants and lighting fixtures, together with recommendation of
approval, be received, placed on file and "Resolution setting date of hearing as
June 9, 1986, at 7:00 p.m. on above described amendments", be adopted and Deputy
Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-294.
May 19, 1986 Page Eight
NEW BUSINESS CONTINUED
89233 - Moved by Seeber, seconded by Dowie,
thatcommunication from City Planner transmitting request to sell City -owned
property (utilized by the Waterloo Water Works) to the Iowa Department of
Transportation in conjunction with the Relocated U.S. 218 Project, together with
recommendation of approval, be received, placed on file and "Resolution setting
date of hearing as May 2.7, 1986, at 7:00 p.m. on above described proposal", be
adopted and Deputy Clerk/Auditor instructed to publish notice of hearing
accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-295.
89234 - Moved by Seeber, seconded by Dowie,
that communication from Waterloo
housing voucher units, be received,
hearing as June 9, 1986, at 7:00 p.
Deputy Clerk/Auditor instructed to
Seven.
Housing Authority for approval of additional
placed on file and "Resolution setting date of
m. on above described proposal", be adopted and
publish notice of hearing accordingly. Ayes:
Resolution adopted and upon approval by Mayor assigned No. 1986-296.
89235 - Moved by Seeber, seconded by Dowie,
that communication from Budget Analyst transmitting amendments to FY 1986 Budget,
be received, placed on file and "Resolution setting date of hearing as May 27,
1986, at 7:00 p.m. on above described amendments", be adopted and Deputy
Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-297.
MISCELLANEOUS
89236 - Mayor McKinley recommended that the taxicab licenses for Yellow Cab Co-operative,
117 E. llth Street be approved, subject to correction of the unsafe items within
two weeks.
Moved by Seeber, seconded by Dowie
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 the Cigarette Permit and Taxicab Licenses be approved:
Beer Permit
Class C
City View Market, 232.4 Idaho Street (Old Location -New Owner) (Expires 5/23/87)
plus Sunday sales
Beer and Liquor License Application
Class C
Metro Investments, Inc., 201 Rath (01d Location -New Owner) (Expires 5/20/87) plus
Sunday sales
The Waterloo Club, 10 West Fourth (Renewal) (Expires 5/23/87)
John Hekel dba Southtown, 2026 Bopp (Renewal) (Expires 6/7/87) plus Sunday sales
Beer License Permit Application
Class B
Water oo Chamber of Commerce, My Waterloo Days, Cedar River Park, (14 days - New)
(Expires 6/14/86) plus Sunday sales
Waterloo Chamber of Commerce, My Waterloo Days, Byrnes Park, (14 days - New)
(Expires 6/14/86) plus Sunday sales
Cigarette Permit
City View Market, 2324 Idaho Street
Taxicab Licenses
Yellow Cab Co-operative, 117 E. llth Street, subject to correction of unsafe
items as indicated in the Police Department communication dated May 6, 1986.
Motion carried.
May 19, 1986 Page Nine
BONDS
89237 - Moved by Lichty, seconded by Wright,
that the report of City Attorney and list of bonds filed with Clerk through
May 19, 1986, be received, placed on file and report and bonds approved.
Motion carried.
ADJOURNMENT
89238 - Moved by Wright, seconded by Dowie
that the Council adjourn.
Motion carried.
Michelle Temeyer
Deputy Clerk/Auditor