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HomeMy WebLinkAbout01/16/78A. January 16, 1978 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on January 16, 1978. Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Wilharm. Absent: Roehr. Invocation by Councilman Wilharm. 73463 - Moved by Bowers, seconded by Burton that the Agenda, as proposed, for the Regular Session of January 16, 1978 at 7:00 P.M., be ac- cepted and approved. Motion carried. 73464 - Moved by Dowie, seconded by Bowers that the Minutes of the Regular Session held January 9, 1978 at 7:00 P.M., be approved. Motion carried. 73465 - Moved by Getty, seconded by Dowie that the proof of publication of "Notice of Intention to Issue Industrial Development Revenue Bonds, Series 1978 (Pederson Distributing, Inc. Project)" ($600,000) in the City of Waterloo, Iowa, as published in Waterloo Courier on 12/28/77, be received and placed on file. Motion carried. 73466 - John Seitz, introduced Robert Josten, Dennis Pederson and James Martin, all representing Pederson Distributing, Inc. and requested the hearing be adjourned until February 13, 1978. He stated the category these revenue bonds fell under was Section 419.12, Distri- bution of a Product of Agriculture; also, that Coors Beer left the financing up to the distributor. The Council investigated and found that notice of intention to issue $600,000 Industrial Development Revenue Bonds, Series 1978, (Peder- son Distributing, Inc. Project) had, as directed by the Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the bonds. No local residents attending the hearing expressed their view. After all local residents who appeared at the hearing who desired to do do ad expressed their views for or against the proposal to-'ssue thbonds, it was Moved by Getty, second d by Wilharm that the above request be received, placed on file and this hearing and the consideration of the issuance of the Bonds be and the same is hereby adjourned to February 13, 1978 at 7:00 P.M. at the Council Chambers in the City Hall in said City,, -`at which time and place this Council will take up and consideya resolution authorizing the issuance of the bonds, the executio and delivery of an Indenture of Trust to secure the bonds, execution and delivery of a Loan Agreement with Peder- son Distributing, Inc. Ayes: Six. Absent: Roehr. Motion car- ried. 73467 - Moved by Bowers, seconded by Getty that proof of publication of notice of public hearing on proposal to vacate all that part of Charleston Avenue from the west line of Roth Park Camp Subdivision, extending east to the east line of Roth Park Campbell Subdivision, as published in Waterloo Courier on 1/6/78, requested by City En- gineer, be received and placed on file. Motion carried. 73468 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Moved by Bowers, seconded by Wilharm that "An Ordinance vacating all that part of Charleston Avenue from the west line of Roth Park Camp Subdivision, extending east to the east line of Roth Park Camp Subdivision", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Roehr. Motion carried. 73469 - Larry Lehman asked for the appraised value of the old fire station property and was informed the City was using $25,000, however, the parcel being advertised was the SW 28 feet. 73470 - Marguerite Van Arsdale for Community Development Task Force, com- mended Mayor Rooff and Community Development Board for supporting the recommendations of CCI for the allocation of 1978 Block Grant Funds as follows: - 2 - 73470 - (Continued) $635,000 paving of ten streets $299,000 housing rehabilitation $100,000 revolving loan fund for Neighborhood Housing Services $ 30,000 administration of NHS program $ 35,000 to NHS for public improvements $ 55,000 water main in Maywood Addn. and Bates and Douglas Streets $ 10,000 removal of barriers to handicapped at Jesse Cosby and YWCA. Moved by Bowers, seconded by Hutchison that the above recommendations be received and placed on file. Motion carried. 73471 - Moved by Dowie, seconded by Burton that communication from City En- gineer, transmitting five copies of Iowa Department of Transportation Entrance Permit Application, Form #640004, from Youngblut Construct- ion Co., for permission to construct one Type "B" entrance on Iowa Highway No. 57 at Sta. 44+86.8, located 2 miles west from junction of U.S. 63 and Iowa 57, and recommending approval, be received, placed on file, approved and Mayor authorized to sign said applica- tion. Motion carried. 73472 - Moved by Wilharm, seconded by Getty that the report of the City En- gineer on the petition from 1200 thru 1600 blocks of Garden Avenue residents for removal from paving project, referred to him under Council Action #73374 of 12/27/77, and recommending that Garden Ave- nue from Black Hawk Road to Wren Road be deleted from the proposed Third Year Block Grant Paving Schedule, be received, placed on file, recommendations approved and request granted in accordance therewith. Motion carried. 73473 - William Ball, Atty. for American Cablevision of Waterloo, Inc. ex- pounded on, no ordinance being prepared and submitted to the appli- cants before Council made a choice of company to be submitted to the voters for cable t.v. franchise. He requested the Council rescind its endorsement of Waterloo Cablevision, Inc.; submission to the citizens of a cable t.v. ordinance for yes or no vote, and a dual part for the voters to choose the company, with the one receiving the most votes being chosen. David Dutton, Atty. for Cox Cable Communications, Inc., supported the above proposal, adding that the companies were under the impres- sion they were not to attend the executive session and the company attorneys had not been notified, that he had waited for the oppor- tunity to respond to the proposed ordinance. Robert Molinaro presented a petition for submission of an ordinance to the voters granting Cable Country T.V., Inc. a 15 year non-exclu- sive cable t.v. franchise, and requested to be placed on the same ballot as Waterloo Cablevision, Inc. Moved by Wilharm, seconded by Dowie that the above petition presented by Robert Molinaro, be received and placed on file. Motion carried. Mayor Rooff apologized for the proposed ordinance not being ready; stated the motion to reconsider would have to be made by a Council- man on the prevailing side; and read a letter from City Attorney Smith setting out 10% eligible electors requirement on petition, majority vote carries, all applicants need not be on same ballot, suggesting City proceed with ordinance on ballot for Waterloo Cable- vision, Inc., remaining firms submitting proposals may do so on separate ballots and separate elections, and there was no prohibit- ion in the Code against having more than one cable t.v. franchise in the City. A discussion followed on one ballot with all compan- ies. Councilman Wilharm pointed out there would be two elections as it stood now and suggested that a Councilman on prevailing side consider accepting William Ball's proposal. The prevailing side Councilmen were polled and Bowers, Burton, Getty, Hutchison were comfortable with their previous vote, Roehr absent: Mayor Rooff stated he would meet with the City Attorney and get back to each and everyone. - 3 - 73474 - Moved by Dowie, seconded by Burton that construction plans for sanitary sewerage facilities, storm sewer, and concrete paving serving Westbourne Terrace Fourth Addition, together with Treatment Agreement Form C 9/75 for Department of Environmental Quality, and City Engineer's recommendation 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. 73475 - Moved by Wilharm, seconded by Getty that communication from Commun- ity Development Administrator, transmitting an Easement Agreement dated 1/16/78 between the Board of Park Commissioners and City of Waterloo for Stage V -C of local Flood Protection Project, and recom- mending approval, be received, placed on file and "A resolution au- thorizing the execution of an Easement Agreement with the Board of Park Commissioners of Waterloo, Iowa in connection with the Local Flood Control Project", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25550. 73476 - Councilman Dowie questioned the source of funding for the Dry Run Creek project and was informed the recommendation for future funding would be from general obligation bonds. Moved by Wilharm, seconded by Hutchison that communication from Community Development Administrator, transmitting a proposed resolu- tion authorizing the transfer of funds in the Community Development Block Grant Program Budget, and recommending approval, be received, placed on file and "A resolution amending the Community Development Block Grant Program Budget by transferring funds within the Public Works, Facilities, Site Improvements, and Contingency Accounts", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25551. 73477 - Moved by Getty, seconded by Burton that communication from Finance Director, transmitting letter from Personnel Director reporting resignation of Dean Albrecht, Finance Director, as of January 31, 1978, and entitlement of six weeks vacation pay, be received, placed on file and "Resolution approving payment of $2,076.90 vacation pay to Dean Albrecht, resigned as Finance Director", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25552. 73478 - Moved by Dowie, seconded by Bowers that communication from Superin- tendent of Streets, reporting retirement of Gordon Sprague as of December 30, 1977 from the Street Department and entitlement of 246 hours of sick leave pay, be received, placed on file and "Reso- lution approving payment of $1,222.62 sick leave pay to Gordon Spra- gue, Retiree of Street Department", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25553. 73479 - Moved by Bowers, seconded by Getty that communication from City En- gineer recommending reappointment of Councilman Jack L. Roehr and City Engineer Bruce Radue to the Black Hawk County Solid Waste Management Commission, concurred by Mayor Rooff, be received, placed on file and approved. Motion carried. 73480 - Moved by Bowers, seconded by Hutchison that communication from City Engineer, requesting a time extension to March 31, 1978 of blasting permit of Lunda Construction Company in connection with Sans Souci Bridges, Contract No. 11, be received, placed on file and approved. Motion carried. 73481 - Moved by Wilharm, seconded by Getty that the following request for permission to attend a function, with expenses allowed not to ex- ceed the amount shown, be received, placed on file and approved: Administrator of Community Development & Flood Control, Land Agent and Assistant City Attorney to meet with officials of Illinois Central Gulf Railroad and Corps of Engineers for Flood Control Right of Way, Chicago, Illinois, January 24, 1978, $339.00. Ayes: Six. Absent: Roehr. Motion carried. January 16, 1978 z - 4 - 73482 - Moved by Wilharm, 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 Class B Sammie Jones, Jr. dba Jone's Place, 729 Mobile Street Beer Liquor License Application Class C Arvide W. Irish & Dennis D. Haley dba Shamrock Tap, 737 Logan Avenue The Kingsmen, Ltd., 22.7 Washington Street Sunday Sales Beer Liquor - Class C The Kingsmen, Ltd., 227 Washington Street Motion carried. 73483 - Moved by Dowie, seconded by Burton that following applications, together with bonds and fees, for renewal of City permits to operate Mobile Home Parks at the locations designated, be received, placed on file and approved: Kenny Corporation dba Woodland Terrace Mobile Home Park, 701 Eastgate Drive; Youngblut Construction Company, Inc. dba Cedar Knoll Park, 5535 Dysart Road; Herbert Lehman dba Sky View Terrace, 2754 Independence Avenue; Golden Acres Retirement Village, 3729 Butternut Lane; Mrs. Joseph P. Reuter dba Twin City Mobile Home Park, 800 Ansborough Avenue; Kenny Corporation dba Eastgate Estates Mobile Home Park, 701 Eastgate Drive; Kathryn B. Kunz dba Falls Mobile Home Park, 2530 Falls Avenue; Jerry and Donna Bush dba Smittys Trailor Court, 1054 Mesa Drive; C & M Properties of Cedar Falls, Inc., 2947 Independence Avenue. Motion carried. 73484 - Moved by Bowers, seconded by for taxicab driver's permits, proved: Getty that following applications be received, placed on file and ap- Curtis Eric Jones, 618 East Seerly, Cedar Falls Donald Riley Millard, 44 Mulberry Street Motion carried. 73485 - Moved by Getty, seconded by Burton that the application of Cheryl Sully, 136 Ricker Street, for a Massage Technician Permit, be re- ceived, placed on file and granted subject to the requirements of ordinance governing same. Motion carried. 73486 - Moved by Bowers, seconded by Getty that report of City Attorney and list of bonds filed with Clerk through 1/16/78, be received, placed on file and report and bonds approved. Motion carried. 73487 - Moved by Getty, seconded by Hutchison that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk January 16, 1978