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HomeMy WebLinkAbout11/06/78November 6, 1978 The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham- bers in the City Hall at 7:00 P.M., on November 6, 1978. Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Roehr, Wilharm. Absent: Hutchison. Invocation by Councilman Bowers. 75251 - Moved by Roehr, seconded by Wilharm that the Agenda, as proposed for the Regular Session of November 6, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 75252 - Moved by Dowie, seconded by Bowers that the Minutes of the Regular Session held October 23, 1978 at 7:00 P.M. and the Special Session on October 30, 1978 at 4:15 P.M., be approved. Motion carried. 75253 - Mayor Rooff welcomed Webelo.Scouts from Den 1, Pack 26, Washburn School. 75254 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on plans, specifications, proposed form of contract, etc. for Castle Hill Drainage Improvements, Phase I, Westbourne Road, Contract No. 85, and taking of bids for said improvements, be received and placed on file. Motion carried. 75255 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Moved by Dowie, seconded by Burton that "Resolution confirming approval of specifications, plans, form of contract, etc. for Castle Hill Drain- age Improvements, Phase I, Westbourne Road, Contract No. 85", be adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26035. 75256 - Moved by Bowers, seconded by Roehr that "Resolution ordering the r.on- struction of Castle Hill Drainage Improvements, Phase I, Westbourne ---- Road, Contract No. 85", be adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26036. 75257 - Moved by Burton, seconded by Bowers that two bids, be received, placed on file, Clerk instructed to open same, but not read, and referred to Engineers for checking and report back. Motion carried. 75258 - Moved by Dowie, seconded by Getty that proof of publication of notice of public hearing on plans, specifications, proposed form of contract, etc. for Martin Road and Cedar Terrace Drive Drainage Structure Improve- ments, Contract No. 100, and taking of bids for said improvement, be received and placed on file. Motion carried. 75259 - This being the time for hearing, the Mayor called for oral and written objection and there were none. Moved by Roehr,seconded by Wilharm that "Resolution confirming approval of specifications, plans, form of contract, etc. for Martin Road and Cedar Terrace Drive Drainage Structure Improvements, Contract No. 100", be adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26037. 75260 - Moved by Bowers, seconded by Roehr that "Resolution ordering the con- struction of Martin Road and Cedar Terrace Drive Drainage Structure Improvements, Contract No. 100", be adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26038. 75261 - Moved by Wilharm, seconded by Dowie that three bids, be received, placed on file, Clerk instructed to open same, but not read, and referred to Engineers for checking and report back. Motion carried. 75262 - Mayor Rooff presented a petition form the residents of the Klin aman Knolls Addition area protesting a radio tower approximately 160 high at 4430 Hoff Road to be used as a commercial translator tower in an R-1 zone. Moved by Roehr, seconded by Dowie that above petition be received, placed on file and referred to the City Attorney. Motion carried. -2- 75263 - Bud Taylor asked Mayor Rooff to sign a letter to Ms. Patricia Harris, Secretary of HUD, together with Citizens for Community Improvement, inviting HUD -NPA CD Task Force to visit Waterloo for an estimate of how the program has run during past 32 years. Mayor Rooff stated he would follow the usual procedure of having the City Attorney review the letter, and City Attorney Smith said this would probably be done before the end of the week. Moved by Bowers, seconded by Dowie that the above copy of letter be received, placed on file and referred to the City Attorney. Motion carried. 75264 - Lathen Horton, 2014 City View Street, inquired about the proposed City View Park and was informed the Park Department was developing plans for Spring, 1979. On his paving assessment, it was pointed out that a public hearing was held. 75265 - Don Jackson, 310 Cottage Street, asked why his application for a taxicab driver's permit had been turned down. City Attorney Smith stated his previous record did not justify or warrant granting a permit and his next redress would be the court of law. 75266 - Moved by Burton, seconded by Getty that request of John Deere Waterloo Tractor Works for revision of a commercial curb cut at 2000 Westfield Avenue to serve employee's parking lot at Electric Foundry, as shown on attached plats, approved under Council Action #75094 of 10/2/78, and City Engineer's recommendation for approval, be received, placed on file and approved. Motion carried. 75267 - Moved by Roehr, seconded by Wilharm that request of Black Hawk Develop- ment Corp. for permission to construct a temporary concrete driveway on Southbrooke Drive to serve Gary's Locker at 257 East San Marnan Drive without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Black Hawk Development Corp. and authorizing construction of a temporary concrete driveway on Southbrooke Drive to serve Gary's Locker at 257 East San Marnan Drive, irrespective of a later official grade", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26039. 75268 - Moved by Roehr, seconded by Wilharm that request of John E. Brownefor permission to construct a temporary concrete driveway at 802 Cordell Street without regard to sidewalk grade, together with $3.00 for record- ing waiver, and City Engineer's recommendation for approval subject to the provisions of his letter,be received, placed on file, approved and "Resolution granting permission to John E. Browne and authorizing con- struction of a temporary concrete driveway at 802 Cordell Street, irrespective of a later official grade", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26040. 75269 - Moved by Wilharm, seconded by Burton that report of Waterloo Water Works General Manager on petition for water and sewer in the 3800 and 3900 blocks of Logan Avenue, be received and placed on file. Motion carried. 75270 - Moved by Dowie, seconded by Bowers that communication from City Engineer advising improvements required as a condition precedent to final approv- al of sanitary sewer extension for Timothy Ridge Addition in Elliott P.U.D. have been completed in substantial conformance with construction plans, standards, and requirements of Engineering office, submitting two-year maintenance bond for sewer improvements; and recommending acceptance, be received, placed on file, said sanitary sewer extension and bonds accepted, with effective date on bonds being that of final Council approval. Motion carried. 75271 - Moved by Roehr, seconded by Wilharm that Annual Report from Department of Health/Sanitation and Animal Control for 7/1/77 thru 6/30/78, be received and placed on file. Motion carried. November 6, 1978 -3- 75272 - Moved by Dowie, seconded by Getty that City Treasurer's Statement for October, 1978, showing Balance on Hand 10/1/78 $14,727,048.34,+ Receipts - Taxes $2,307,416.10, + Receipts -City Clerk $417,297.86, + Receipts -City Treasurer $1,412,891.72, + Receipts -Transfers $119,180.12, -Disbursements $2,891,584.22, Balance on Hand 10/31/78 $16,092,249.92, be received, placed on file and approved. Motion carried. 75273 - Moved by Burton, seconded by Wilharm that minutes of Community Develop- ment Board for regular meeting of September 12, 1978, be received and placed on file. Motion carried. 75274 - The storm water drainage problem was discussed, Hugh Field, Atty. and two Claassen Engineering & Surveying, Inc. personnel supported the approval of Preliminary Plat of Ken's Addition, pointing out large amount of additional fill had been brought in, storm sewer water would be taken out to University Avenue, willingness to work with the City on water retention and meeting the standards of -the City Engineer. Charles Walter, 725 Stephen Avenue, protested as water problem would be com- pounded. Mayor Rooff said the building permit would not be granted until drainage plan is approved. ' Moved by Dowie, seconded by Bowers that Preliminary Plat of Ken's Addition with Deed of Dedication, report of City Engineer, Plan and Program Commission's resolution of approval and its recommendation for Council approval, be received, placed on file and "Resolution approving the Preliminary Plat of Ken's Addition, Waterloo, Black Hawk County, Iowa", adopted, subject to letter of compliance. Ayes: Wilharm, Getty, Dowie, Bowers. Nays: Roehr, Burton. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26041. 75275 - City Engineer reported the bids on Castle Hill Drainage Improvements, Phase I, Westbourne Road, Contract No. 85, were in order and could be read. Moved by Wilharm, seconded by Bowers that the Clerk be instructed to read the following bids: Bidder Amount of Bid Assick Bros., Inc., Cedar Falls, Iowa $93,211.48 Lehman Trucking & Excavating, Inc., $80,485.42 Waterloo, Iowa Motion carried. Amount of Bid Bond 75276 - City Engineer recommended acceptance of low bid of Lehman Trucking & Excavating, Inc. of Waterloo, Iowa, in the amount of $80,485.42 for Contract No. 85. Moved by Wilharm, seconded by Dowie that the above recommendation be received, placed on file and "Resolution accepting the bid of Lehman Trucking & Excavating, Inc. for Castle Hill Drainage Improvements, Phase I, Westbourne Road, Contract No. 85:, adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26042. 75277 - City Engineer reported the three bids on Martin Road and Cedar Terrace Drive Drainage Structure Improvements, Contract No. 100, were in order and could be read. Moved by Wilharm, seconded by Roehr that the Clerk be instructed to read the following bids: Bidder Dale J. Clark Contracting Co., Waterloo, Iowa Peterson Contractors, Inc., Reinbeck, Iowa Taylor-Isenhower, Inc, Hudson, Iowa Motion carried. Amount of Amount of Bid Bid Bond $86,480.00 10% $88,600.00 10% $91,223.00 10% -4- 75278 - The City Engineer recommended acceptance of low bid of Dale J. Clark Contracting Co. of Waterloo, Iowa in the amount of $86,480.00, for Contract No. 100. Moved by Roehr, seconded by,Getty, that the above recommendation be received, placed on file and "Resolution accepting the bid of Dale J. Clark Contracting Co. for Martin Road and Cedar Terrace Drive Drainage Structure Improvements, Contract No. 100", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26043. 75279 - Moved by Bowers, seconded by Getty that Final Plat of Woodland Knolls Addition, Deed of Dedication, Contract and Waivers, report of City Engineer, Plan and Program Commission's resolution of approval and recommendation for Council approval, be received, placed on file, approved and "Resolution approving the Final Plat of Woodland Knolls Addition, Waterloo, Black Hawk County, Iowa", adopted and Mayor and Clerk authorized and directed to execute said contract. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26044. 75280 - Moved by Dowie, seconded by Burton that Construction Permit No. 79-76-5 for Sanitary Sewer Extension for Southbrooke Addition, Tract F, from Iowa Department of Enviromental Quality, subject to certain conditions and requirements, be received and placed on file. Motion carried. 75281 - Rev. Stanley Kennedy inquired about elderly housing on West Fourth Street and Cedar River. Mayor Rooff stated 100 units were asked to be set aside but HUD denied this, and now being discussed were 30 to 74 units for which HUD was advertising for private developers. 75282 - Moved by Roehr, seconed by Getty that communication from Community Development Administrator, transmitting Urban Development Action Grant Contract No. B -78 -AA -19-0001 with HUD in the amount of $3,318,500, for downtown Waterloo pruposes, and recommending approval, be received, placed on file and Resolution approving and providing for the execution of an Urban Development Action Grant Contract No. B -78 -AA -19-0001 by and between the City of Waterloo, Iowa, and the U.S. Department of Housing and Urban Development", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26045. i 75283 - Moved by Burton, seconded by Bowers that Change Order No. 2 for West Ridgeway Avenue.Bridge Replacement Project, Contract No. 12, for additional work by Cramer and Associates, Inc. at additional cost of $643.50, and City Engineer's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Six. Absent: Hutchison. Motion carried. 75284 - Moved by Roehr, seconded by Getty that communication from City Engineer, transmitting revised Supplemental Agreement dated 11/6/78 with Brice, Petrides & Associates, Inc. for Hackett Road Bypass, with City's share of contract cost to be in the amount of $130,624.50, and recommending approval, be received, placed on file and "Resolution approving revised Supplemental Agreement with Brice, Petrides & Associates, Inc. for Hackett Road Bypass and authorizing the execution of same", adopted. Ayes: Six. Absent: on. Resolution adopted and upon approval by Mayor, assigned No 26046.' 75285 - Moved by Getty, seconded by Dowie that construction plans for sanitary sewerage facilities serving Timothy Ridge Addition, together with Treatment Agreement Form C 9/75 for Department of Environmental Quality and City Engineer's recommendation for approval subject to final acceptance of plans being reviewed and accepted by DEQ, be received, placed on file, recommendations approved and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 75286 - Moved by Getty, seconded by Bowers that Contract and Bond for Contract No. 168.in the amount of $267,895.23, be received, placed on file and "Resolution approving Contract and Bond of Cedar Falls Construction Co., Inc., Cedar Falls, Iowa, for San Marnan Drive Paving and Incidentals, Contract No. 168", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26047. November 6, 1978 -5- 75287 - Moved by Roehr, seconded by Burton that "An Ordinance establishing rules and requirements for the design and development of new subdivisions and of re -subdivisions, providing for preliminary and final approval of all subdivision plats, providing for changes and amendments, and providing for the enforcement of these regulations and repealing Ordinance No.1956 and all amendments thereto, and all ordinances or parts or section of ordinances in conflict herewith," be received, placed on file and passed for the third time. Ayes: Six. Absent: Hutchison. Motion carried. 75288 - Moved by Roehr, seconded by Dowie that "Resolution fixing a date for public hearing on adoption of a Subdivision Ordinance for the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Hutchison. Re- solution adopted and upon approval by Mayor, assigned No. 26048. 75289 - Moved by Bowers, seconded by Wilharm that "An Ordinance amending Chapter 23, Division 5, Massage Establishments and Massage Technicians, by repealing Section 23-55, Exemptions, and enacting in lieu thereof new Section 23-55, Massage Technician; required training, and by repealing Section 23-58(3)(e) and enacting in lieu thereof new Section 23-58(3)(e)',' be received, placed on file, considered and passed for second time. Ayes: Wilharm, Roehr, Dowie, Burton, Bowers. Nay: Getty. Absent: Hutchison. Motion carried. 75290 - Moved by Burton, seconded by Dowie that "An Ordinance amending Ordinance No. 2644 known as the Traffic Ordinance by repealing Section 322, Month- ly Parking, and Section 329 (d) Regarding Parking Fines and enacting in lieu thereof new Section 322, Monthly Parking, and new Section 329(d) Regarding Parking Fines", be received, placed on file, considered and passed for third time. Ayes: Six. Absent: Hutchiosnn. Motion carried. I 75291 - Moved by Bowers, seconded by Getty that "An Ordinance amending Ordinance No. 2644 known as the Traffic Ordinance by repealing Section 322, Monthly Parking, and Section 329(d) Regarding Parking Fines and enacting in lieu thereof new Section 322, Monthly Parking, and new Section 329(d) Regarding Parking Fines", be adopted. Ayes: Six. Absent: Hutchison. Ordinance adopted and upon approval by Mayor, assigned No. 2993. 75292 - Moved by Roehr, seconded by Wilharm that "An Ordinance vacating 30' building line parallel with the south lot line of Lot 7, Hilltop Place Addition", be received, placed on file, considered and the rules re- quiring ordinances to be considered and voted on for passage at itwo prior meetings,.suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Six. Absent: Hutchison. Motion carried. 75293 - Moved by Dowie, seconded by Bowers that "An Ordinance vacating 30' building line parallel with the south lot line of Lot 7, Hilltop Place Addition", be adopted. Ayes: Six. Absent: Hutchison. Ordinance adopted and upon approval by Mayor, assigned No. 2994. 75294 - Moved by Wilharm, seconded by Burton that communication from Community Development Administrator, transmitting proposed resolution on Stage III -B and V -B of Local Flood Control Project, and recommending approval, be received, placed on file and "Resolution authorizing the Mayor to accept on behalf of the City of Waterloo effective November 16,1978, the assumption of operation and maintenance responsibilities for the flood protection devices constructed as Stage III -B and V -B of the Corps of Engineers Local Flood Control Project", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26049. 75295 - Moved by Dowie, seconded by Burton that communication from Waterloo Water Works Board, transmitting proposed Calendar 1979 Budget for the twelve months of 1/1/79 thru 12/31/79, be received, placed on file, and the Council having duly considered said Budget and being fully advised, finds that hearing date should be fixed and does hereby set November 20, 1978 at 7:00 P.M. in the Council Chambers, City Hall in said City, as the date, time and place for said hearing, and the City November 6, 1978 10 75295 - Continued ''\ Clerk is hereby instructed to publish the estimate and notice of hearing which is worded and figures as follows: (See attached page #7) Ayes: Six. Absent: Hutchison. Motion carried. 75296 - Moved by Getty seconded by Burton that the Council adjourn to a closed executive session on purchase of real property. Ayes: Six. Absent: Hutchison. Motion carried. 75297 - Moved by Getty, seconded by Dowie that the Council adjourn from closed executive session and reconvene as regular session. Ayes: Six. Absent: Hutchison. Motion carried. 75298 - Moved by Getty, seconded by Dowie that communication from Mayor Rooff, submitting a Uniform Offer and Acceptance Contract wherein the City of Waterloo offers to purchase from John and Janice Rice the real property known as 611-613 Water Street, for downtown parking purposes, be re- ceived, placed on file, and City Attorney instructed to acquire said real property at the appraised value of $72,500.00. Ayes: Six. Absent: Hutchison. Motion carried. 75299- Moved by Roehr, seconded by Getty that City Clerk be instructed to em- ploy the firm of Chapman and Cutler, Bonding Attorneys, Chicago, Illi- nois, to prepare the necessary legal proceedings for the issuance and sale of $4,985,000 General Obligation Bonds for the following projects: Library $3,650,000 City Participation in storm 50,000 and sanitary sewer oversizing Install sanitary sewer under 25,000 Freeway 520 Annual Paving (streets) 150,000 Shaulis Road (streets) 265,000 Street extension between Fourth 120,000 Street and U.S. Highway 63 south of Highway 412 Flood Control 225,000 Liberty Park Rentention Pond 500,000 (Dry Run Creek) Motion carried. 75300 - Mayor Rooff stated Thomas Staack would be the chairman and that C.T. Marsau was recently honored for his loyal and dedicated service to the Recreation Commission. Moved by Roehr:, seconded by Getty that two communications from Mayor Rooff, submitting for Council approval the reappointment of Thomas L. Staack and C. T. Marsau to the Recreation Commission, for three-year terms to expire October 1, 1981, be received, placed on file and approved Motion carried. 75301 - Moved by Bowers, seconded by Burton that communication from Chief of Police, reporting termination of Leonard Wilder from Waterloo Police Department, effective October 25, 1978, and entitlement of 17 days vacation pay, be received, placed on file and "Resolution approving payment of $942.48 vacation pay to Leonard Wilder, Resigned from Police Department", adopted. Ayes: Six. Absent: Hutchison. Reso- lution adopted and upon approval by Mayor, assigned No. 26050. November 6, 1978 F- W C9 O m On 01 r N Y GC O 3 a' W F -- Q 3 O O J a w H Q 3 O O O w O M b9• O LO 01 w M O r w N V9• co Ol r O O O O O O O %D N O CO w 0w w xC7 0 1� Kr �N 00 r O E4 OOOiO NON;4t' t0 N CJ w w b9• �64 U-) chrO 01 Ln r co co O 00 MI -- OO LA U.) r N 00 qct ^ r1ro: O O M cfi N N N 4) 0) 0) arc •r C •'- a) O +) U > O O N S - (1) O RS a 4J S- i. 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O LLI 0 O d a O a and -8- 75302 8- 75302 - Moved by Burton, seconded by Bowers permission to attend functions, with amount shown, be received, placed on that the following requests for expenses allowed not to exceed file and approved: Building Inspector to seminar illustrating Accessibility Mandates and Design for the Disabled, Conway Civic Center, Waterloo, Iowa, November 16, 1978, $15.00 + use of City car; Six Detective Sergeants and/or Patrolman to two week drug investigation school conducted by Federal Drug Enforcement Administration, Cedar Rapids, Iowa, October 16 thru 27, 1978, $753.44; Superintendent and Operations Supervisor, Water Pollution Control Plant to Advanced Wastewater Works Operators Education Course, University of Iowa, Iowa City; Iowa, November 13 thru 15, 1978, $171.00 each plus $15.00 and use of City car. Ayes: Six. Absent: Hutchison. Motion carried. 75303 - Moved by Bowers, seconded by Getty that the following application, bond and fee for a license to conduct a Going -Out -Of -Business or Liquidation Sale, be received, placed on file and license granted: Stephen's Inc. dba Executive Shop, 618 Sycamore Street Motion carried. 75304 - Moved by Burton, seconded by Roehr that application of James Schuler, 1519 Oakwood Drive for an Ambulance Driver, Attendant Permit, be re- ceived, placed on file and granted. Motion carried. 75305 - Moved by Dowie, seconded by Bowers that following applications for Beer Permits and Beer Liquor Licenses, be received,placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Permit Applications - Class B TonyTs LaPizzeria, Inc., 615 Commercial Street Class C Pester Derby Oil Company dba Pester Derby, 322 W. 11th Street Allen Barg dba Al's Food Market, 2210 Lafayette Street Osco Drug, Inc. dba Osco Drug Store, 212 E. 4th Street Beer Li uor License Applications - Class C Charc al Inn, Inc. dba Charcoal Inn, 360 E. Ridgeway Avenue Concession Services, Inc., Electric Park Ballroom, Rainbow Drive Sunday Sales Beer Permit Applications - Class B Tony s LaPizzeria, Inc., 615 Commercial Street Class C Pester Derby Oil Company dba Pester Derby, 322 W. 11th Street Allen Barg dba Al's Food Market, 2210 Lafayette Street Beer Liquor License Applications - Class C Charcoal Inn, Inc., dba Charcoal Inn, 36-0E. Ridgeway Concession Services, Inc., Electric Park Ballroom, Rainbow Drive Motion carried. 75306 - Moved by Roehr, seconded by Getty that the application of QuikTrip Cor- poration dba QuikTrip #526 for permission to sell cigarettes at 1976 Franklin Street, be received and placed on file. Motion carried. 75307 - Moved by Burton, seconded by Bowers that applications of Ricky Letter- man, 700 West Ridgeway Avenue, Charlotte V. Scullark, 1111 Lincoln Street and Christopher Lee Larson, 1918-11 Lincoln Street, Cedar Falls, Iowa, for taxicab driver's permits, be received, placed on file and granted. Motion carried. 75308 - Moved by Roehr, seconded by Burton that Business Auto Policy No. 91 ZA 123152, Hartford Accident Indemnity Company, to Waterloo Yellow Cab, Inc. 711 Commercial Street, for term of 11-10-78 to 11-10-79, covering taxi- cabs, be received, placed on file and approved. Motion carried. November 6, 1978 ISO 75309 - Moved by Bowers, seconded by Burton that report of City Attorney and list of bonds filed with Clerk through 11/6/78, be received, placed on file and report and bonds approved. Motion carried. 35310 - Moved by Bowers, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk November 6, 1978