HomeMy WebLinkAbout04/03/78April 3, 1978
The Council of City of Waterloo, Iowa, met in Regular Session in the Council
Chambers in City Hall at 7:00 P.M. on April 3, 1978. Mayor Rooff in the Chair.
On roll call, Present: Bowers, Burton, Dowie; Getty, Hutchison, Roehr, Wil -
harm. Absent: None. Invocation by Former Councilman Calvin J. Geiger.
73905 - Moved by Dowie, seconded by Burton that the Agenda,'as amended, for
the Regular Session of April 3, 1978 at 7:00 P.M., be accepted and
approved. Motion carried.
73906 - Moved by Roehr, seconded by Hutchison that the Minutes of the Regular
Session held March 27, 1978 at 7:00 P.M., be approved. Motion carried.
73907 - Moved by Roehr, seconded by Getty that proof of publication of notice
of public hearing on proposal to prepare and submit an application
for an Urban Development Action Grant in accordance with Housing and
Community Development Act of 1977, as published in Waterloo Courier
on March 23, 1978, be received and placed on file. Motion carried.
73908 - This being the time for hearing, the Mayor called for oral and writ-
ten objections and there were none.
Moved by Bowers, seconded by Hutchison that "A resolution approving
the preparation and submission of an application to the Department
of Housing and Urban Development for Federal Assistance under Title
I of the Housing and Community Development Act of 1974 as amended",
be adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 25655.
73909 - Helen Riley requested no truck traffic on Burton Avenue. Councilman
Getty stated the trucks were not using Logan Avenue to Highway 63
but were using Burton Avenue and he has asked Quintin Parker for a
report.
Moved by Wilharm, seconded by Bowers that the above request be received,
placed on file and Councilman Getty instructed to follow through.
Motion carried.
73910 - Moved by Roehr, seconded by Burton that request of Roger M. and Eve-
lyn J. Judas, 2326 Muncy Avenue, for sale and conveyance of excess
right of way lying West of West line of Lot 38, Park View Gardens
First Replat, between Delane Avenue and above Lot line, as shown on
attached plat, for sum of $366.00 plus costs, and Plan and Program
Commission's recommendation for approval, be received, placed on
file and "Resolution fixing time and place of hearing as April 24,
1978 in City Hall on proposal to sell and convey excess right of way
between Delane Avenue and West line of Lot 38, Park View Gardens
First Replat to Roger M. and Evelyn J. Judas", adopted and the Clerk
instructed to publish notice of hearing. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 25657.
73911 - Moved by Bowers, seconded by Roehr that request from Oran R. Wingler
for permission to widen two existing drives, one on Idaho Street from
12' to 25', and the other on Anthony Street from 12' to 20', and
City Engineer's recommendation for approval subject to the provisions
of his letter, be received, placed on file, recommendations approved
and permission granted in accordance therewith. Motion carried.
73912 - Moved by Dowie, seconded by Burton that request from Judy's, 820
University Avenue, for permission to construct one 30' and one 24'
commercial curb cut on Ansborough Avenue and one 32' on Dundee Avenue,
and to close an existing alley cut on University Avenue, as shown on
attached plat, and City Engineer's recommendation for approval subject
to the provisions of his letter, be received, placed on file, recom-
mendations approved and permission granted in accordance therewith.
Motion carried.
73913 - Under Council Action #73869 of 3/27/78 the Financial Report of Board
of Waterloo Water Works Trustees for year ending 12/31/77, was tabled.
Moved by Roehr, seconded by Bowers that the above report be received,
placed on file and approved. Motion carried.
April 3,1978
2 -
73914 - Under Council Action #73870 of 3/27/78 action was deferred for one
week on City's participation in payment of oversize storm sewer pipe
costs for Sturdy Addition and Hammond Hills Fifth Addition.
Mayor Rooff reported that after review by concerned persons, the
recommendation for these two Additions was to follow the old policy
wherein the City would pay for the oversize portion of pipe and the
three additional stubs; also, three more Additions were being pro-
cessed by Plan and Program Commission which should be handled under
the old policy.
Moved by Roehr, seconded by Bowers that the above recommendations be
received, placed on file, recommendations approved, and "Resolution
approving and authorizing City's participation under the City policy
prior to 3/27/78 in payment of oversize portion of storm sewer pipe
costs and certain stubs for Sturdy Addition and Hammond Hills Fifth
Addition, and three other Additions now being processed", adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assign-
ed No. 25658.
73915 - Mayor Rooff questioned William Ball, Atty. for American Cablevision
of Waterloo, Inc. as to two firms serving Charlotte, N.C. and two in
Fresno, Calif. working out fine and was told this was in the past
and only one in each City now. Mayor Rooff said he was led to believe
they were and that all four firms were owned by American Cablevision.
William Ball, Atty. requested that Council pass the same action for
American Cablevision of Waterloo, Inc. as was previously passed for
Waterloo Cablevision, Inc. approving and accepting the Acceptance of
Franchise and $100,000 Performance Bond from Waterloo Cablevision,
Inc. for a cable television system, and gave reasons in support; he
did not agree with attorney general's opinion on granting only one
franchise. Mr. McCrudden of American Television stated their rate
structure in various cities ranged from $4.50 to $8.75 depending on
users, and in some cities several structures; in Waterloo a building
has been leased, 25 to 40 people would be hired during peak construct-
ion and between 12 to 20 afterward.
Alan McDonald of Waterloo Cablevision, Inc. stated his firm has com-
plied with the procedures setforth and asked the Council's support
of one franchise. A discussion followed on procedure, survival,
votes cast, etc.
Moved by Getty, seconded by Burton that a franchise for American
Cablevision of Waterloo, Inc. be denied at this time. Ayes: Bowers,
Burton, Dowie, Getty, Roehr. Nay: Hutchison, Wilharm. Motion car-
ried.
William Ball, Atty. stated he had not been given the opportunity to
clarify American Cablevision's proposal.
City Attorney Smith stated he was concerned about the previous ordin-
ances that had been passed on Cable Country, Inc. and American Cable-
vision of Waterloo, Inc., he had not received the attorney general's
opinion as yet, and he was considering asking the Council to repeal
Ordinance No. 2940 and No. 2941 in view of the Council's action, as
the City would have to do something with the previous ordinances.
William Ball, Atty. asked that the records reflect "we cannot accept
this action and do not feel that under the law this can be denied".
City Attorney Smith said he would no doubt ask for the repeal of the
above mentioned ordinances next week.
73916 - Moved by Roehr, seconded by Wilharm that Treatment Agreement Form
9/75 for Department of Environmental Quality, Water Quality Manage-
ment Division, for sanitary sewerage facilities serving Snow Removal
Equipment Building at Waterloo Municipal Airport, be received, placed
on file, approved and Mayor and Clerk authorized to execute said
Agreement Form. Motion carried.
73917 - Moved by Dowie, seconded by Roehr that Engineering Agreement dated
4/3/78 with Wayne Claassen Engineering & Surveying, Inc. and City
Engineer's recommendation for approval, be received, placed on file
and "Resolution approving the Engineering Agreement with Wayne Claa-
- 3 -
73917 - (Continued)
ssen Engineering & Surveying, Inc. for Design of Street Improvements
on East San Marnan Drive and St. Francis Drive, and directing exe-
cution of same by Mayor and Clerk", adopted. Ayes: Seven. Resolu-
tion adopted and upon approval by Mayor, assigned No. 25659.
73918 - Moved by Dowie, seconded by Bowers that Addendum to Contract for
Engineering Services for West Ridgeway Avenue with Brice, Petrides &
Associates, Inc., and City Engineer's recommendation for approval, be
received, placed on file and "Resolution approving the Addendum to
Contract for Engineering Services for West Ridgeway Avenue with Brice,
Petrides & Associates, Inc. and directing execution of said Addendum
by Mayor and Clerk", adopted. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 25660.
73919 - Moved by Roehr, seconded by Bowers that communication from Plan and
Program Director, transmitting a Quit Claim Deed dated 3/16/78 from
St. Francis Hospital of Franciscan Sisters, be received, placed on
file and "Resolution approving and accepting a Quit Claim Deed from
St. Francis Hospital of Franciscan Sisters for 60' of right-of-way
for future southerly extension of St. Francis Drive, and directing
the recording of same", adopted. Ayes: Seven. Resolution adopted
and upon approval by Mayor, assigned No. 25661.
73920 - Moved by Bowers, seconded by Burton that two communications from Plan
and Program Director, transmitting the following two Permanent Ease-
ments for construction and maintenance of storm drainage facility on
Independence Avenue, and recommending approval, be received, placed
on file, approved and accepted, and Clerk instructed to have same
recorded:
Gary L. Blackburn and Lee A. Blackburn dated 3/24/78;
Jerry J. McColley and Stephen Clow, dated 3/30/78.
Motion carried.
73921 - Moved by Burton, seconded by Dowie that construction plans for sani-
tary sewerage facilities serving Kowal Addition, together with Treat-
ment Agreement C 9/75 for Department of Environmental Quality, and
City Engineer's recommendations for approval subject to final accept-
ance 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.
73922 - Agnes B. Robertson stated she did not object to the houses but did
disapprove of the property changing hands three or four times and was
informed the houses could not be sold to home buyer. She asked that
the contractors pick up their litter and not let it blow around the
neighborhood.
Moved by Hutchison, seconded by Roehr that Final Plat of DuBois Sub-
division with Engineer's Certificate of Survey, 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 DuBois
Subdivision, Waterloo, Black Hawk County, Iowa", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
25662.
73923 - Moved by Roehr, seconded by Hutchison that Final Plat of Homestead
Addition with Engineer's Certificate of Survey, Deed of Dedication,
Contract and Waivers, report of City Engineer, Plan and Program Com-
mission's resolution of approval and recommendation for Council ap-
proval, be received, placed on file, approved and "Resolution ap-
proving the Final Plat of Homestead Addition, Waterloo, Black Hawk
County, Iowa", adopted and Mayor and Clerk authorized to execute
said contract. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 25663.
73924 - Moved by Wilharm, seconded by Dowie that Final Plat of Audubon Park
First Addition with Engineer's Certificate of Survey, Deed of Dedica-
tion, 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 ap-
- 4 -
73924 - (Continued)
proving the Final Plat of Audubon Park First Addition, Waterloo,
Black Hawk County, Iowa", adopted, Mayor and Clerk authorized to
execute said contract, and that a special contract be included for
developer to maintain mini -boulevard for first seven years and
thereafter the responsibility of the City. Ayes: Seven. Resolu-
tion adopted and upon approval by Mayor, assigned No. 25664.
73925 - Moved by Roehr, seconded by Dowie that Construction Permits No.
78-255-W for Water Main Extension and No. 78-256-5 for Sanitary
Sewer Extension for Hammond Hills 5th Addition from Iowa Department
of Environmental Quality, subject to certain conditions and require-
ments, be received and placed on file. Motion carried.
73926 - Moved by Dowie, seconded by Burton that "Resolution directing the
advertisement for sale of $59,000.00 Sewer Improvement Bonds (1977
Guernsey's Orange View Sanitary Sewer Improvement Project, Contract
No. 187)", be adopted and sale date set as April 24, 1978. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned
No. 25665.
73927 - Moved by Dowie, seconded by Bowers that communication from Finance
Director, reporting a second public hearing, on the Fiscal Year
1979 Budget for the twelve months of July 1, 1978 through June 30,
1978, should be set as property tax increase was between 7% and 9% in
the restricted levies, be received, placed on file, and said hear-
ing date, time and place fixed and set as April 13, 1978 at 4:30
P.M. in the Council Chambers in City Hall, and the Clerk instructed
to publish the Budget Estimate Summary and Notice of Hearing, which
is worded and figures as follows: (see following page 5) Ayes:
Seven. Motion carried.
73928 - Moved by Bowers, seconded by Getty that communication from Mayor
Rooff, submitting for Council approval the reappointment of Edward
D. Paulsen to the Waterloo Water Works Board of Trustees, with term
to expire April 1, 1984, be received, placed on file and approved.
Motion carried.
73929 - Moved by Hutchison, seconded by Wilharm that communication from Mayor
Rooff, submitting for Council approval the name of Willa Mae Wright,
327 Almond Street, for appointment to Community Development Board with
term to expire on April 1, 1983, be received, placed on file and
appointment approved. Motion carried.
73930 - Moved by Roehr, seconded by Dowie that following request for permis-
sion to attend function, with expenses not to exceed amount shown,
be received, placed on file and approved:
Electrical Inspector to Iowa Chapter of International Association
of Electrical Inspectors Spring Meeting, Bettendorf, Iowa, May 3,
4 and 5, 1978, $111.00 plus use of City caro Ayes: Seven. Motion
carried.
73931 - Moved by Roehr, seconded by Getty that application and bond of John
J. Jorgensen dba Gas Light Mobile Home Villa No. 2, in Section 8-89-
13W known as 3963 West Airline Hiway, for City Permit to operate a
Mobile Home Park, be received, placed on file and approved. Motion
carried.
73932 - Moved by Bowers, seconded by Wilharm that following applications for
dance licenses, be received, placed on file and granted:
LaDonna Marter dba Porkey's Red Carpet Supper Club,
1409 Newell Street
Robert J. Cook dba Village Inn, 709 Jefferson Street
Twin Torch Inn, 300 West Mullan Avenue
V.F. Deutsch dba Vic's Lounge, 1106 LaPorte Road
H.& F. Inc. dba The Round -Up Lounge, 1927 Jefferson Street
Motion carried.
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73933 - Moved by Getty, seconded by Hutchison that application of Donna R.
Ackley, 629 Ankeny Street, for a Massage Technician Permit, be re-
ceived, placed on file and granted subject to the requirements of
ordinance governing same. Motion carried.
73934 - Moved by Dowie, seconded by Bowers that the 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 Permits
Class C
Muether's Inc. dba Muether's
Beer Liquor Licenses
Class C
George W. Lorenz dba Porky's
Sunday Sales - Beer Permits
Super Valu, 710 Broadway
Red Carpet, Inc., 1449 Newell Street
Class C
MuetherTs Inc. dba Muether's Super Valu, 710 Broadway
Sunday Sales - Beer Liquor Licenses - Class C
George W. Lorenz dba Por y s Red Carpet, Inc., 1449 Newell Street
Motion carried,
73935 - Moved by Roehr, seconded by Hutchison that application, bond and
fee of Attracta Sign Inc., Richfield, Minnesota, for Sign Erector's
and Maintenance License, under Sign Ordinance No. 2447, as amended,
be received, placed on file and license granted. Motion carried.
73936 - Moved by Bowers, seconded by Burton that report of City Attorney and
list of bonds filed with Clerk through 4/3/78, be received, placed
on file and report and bonds approved. Motion carried.
73937 - Moved by Hutchison, seconded by Dowie that the Council adjourn.
Motion carried.
Katherine Gibbs,
City Clerk
April 3, 1978