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Home My WebLink About01/09/78January 9, 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 9, 1978— Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Roehr, Wilharm. Invocation by Councilman Burton. 73439 - Moved by Roehr, seconded by Dowie that the Agenda, as amended, for the Regular Session of January 9, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 73440 - Moved by Dowie, seconded by Bowers that the Minutes of the Regular Session held January 3, 1978 at 7:00 P.M. be approved. Motion carried. 73441 - Mayor Rooff stated the Cable T.V. issue would be considered at this time; the four applicants had representatives present; the proposed ordinance was not ready as it was much too involved; that basically everything was set by law, Council sets fees. He recom- mended a decision be made, and then he would form a Council Commit- tee to prepare an ordinance with the endorsed company. Cox Communications, Inc., Atlanta, Ga., American Cablevision of Waterloo, a subsidiary of American Television and Communications, Denver, Colo., Cable Country T.V., Inc., Waterloo, Ia., and Waterloo Cablevision and Cable Country T.V., Birmingham, Ala., identified their stock holders. Moved by Roehr, seconded by Bowers that the Council endorse Waterloo Cablevision, Alan McDonald and William McDonald, owners. Ayes: Bowers, Burton, Getty, Hutchison, Roehr. Nays: Dowie and Wilharm. Motion carried. 73442 - Mayor Rooff stated the state law provided anyone could file a petition containing signatures of 10% of number of voters at last election, requesting a referendum election. Robert Molinaro of Cable Country T.V., Inc., asked if a petition was filed, would it be on the same ballot, and could they, at this time, request it be placed on the same ballot, and then asked Council endorsement at this time that it would be on the same ballot. Bart Schwieger, Atty., asked for a motion. Mayor Rooff said City Attorney Smith would be consulted. Robert Molinaro asked that this matter be scheduled for the next meeting. 73443 - Mayor Rooff explained The National Bank proposed to purchase one- half of property and the City would use balance for library park- ing. Scott Fetner, President, The National Bank, proposed entering into an agreement for the Bank to purchase remaining half at the same price if sold at a later date and asked for first option. Moved by Dowie, seconded by Bowers that request of The National Bank of Waterloo for sale and conveyance of a portion.of lot formerly occupied by the old No. 1 Fire Station on East Fifth Street, as shown on attached plat, and Plan and Program Commission's recommendation for sale to a developer of Council's choice, be re- ceived, placed on file and "Resolution fixing the time and place of hearing and receiving bids as January 23, 1978 at 7:00 P.M. in Council Chambers in City Hall on proposal to sell and convey a portion of Lot 4, Block 28, OPE, with City retention of easement, to a developer selected by the Waterloo City Council", adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25540. 73444 - Moved by Bowers, seconded by Hutchison that request of City Engin- eer for vacation, sale and conveyance of all of Wly 7' of Idaho Street right-of-way located adjacent to Lot 18, Block 12, Hillside Addition, for $84.35 plus costs, and Plan and Program Commission's recommendation for approval, be received, placed on file and "Res- olution fixing the time and place of hearing as January 23, 1978 in City Hall on proposal to vacate, sell and convey certain Idaho Street right-of-way to Harold Mixdorf or Bertha Mixdorf", adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25541. - 2 - 73445 - Moved by Roehr, seconded by Dowie that City Treasurer's Financial Report for December, 1977, showing Balance on Hand 12/1/77 $14,732,690.48, Receipts $3,661,462.54, Disbursements $2,897,558.66, Balance on Hand 12/31/77 $15,496,594.36, be received, placed on file and approved. Motion carried. 73446 - Moved by Dowie, seconded by Bowers that Change Order No. 1 for F.Y. 1978 Sanitary Sewer Program #1, Contract No. 190, for addition- al work by Lehman Trucking & Excavating, at an additional cost of $131.00, and City Engineer's recommendation for approval, be re- ceived, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Seven. Motion carried. 73447 - Moved by Roehr, seconded by Getty that the Cedar Knoll Sanitary Sewer Extension Agreement dated 1/9/78 with Youngblut Construction Company, Inc., with City of Waterloo participation in the amount of $40,835, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving the Cedar Knoll Sanitary Sewer Extension Agreement with Youngblut Construction Company, Inc., and directing execution of said agreement by Mayor and City Clerk", adopted, and City Clerk instructed to have same recorded. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25542. 73448 - Mayor Rooff stated the first stage of the Dry Run Creek Flood Con- trol Project would be done this construction season. Councilman Dowie asked that Bob Bedard be notified by letter, which Mayor Rooff said he would do. Moved by Dowie, seconded by Bowers that Engineering Contract dated 1/9/78 with Brice, Petrides & Associates, Inc. for final design of Dry Run Creek Flood Control Project, and City Engineer's recom- mendation for approval, be received, placed on file and "Resolution approving the Engineering Contract with Brice, Petrides & Associates, Inc, for final design of Dry Run Creek Flood Control Project, and directing execution of said contract by Mayor and City Clerk", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25543. 73449 - Moved by Roehr, seconded by Bowers that communication from Commun- ity Development Administrator, transmitting Change Order No. 5 (Final) for East Park Avenue Area Street Improvements, Sewers and Incidentals, Contract No. 159, for final quantity changes at a decrease in cost of $19,110.09, and Engineers' Declaration of Completion and Recommendation of Acceptance, and recommending ap- proval, be received, placed on file, approved, accepted, and Mayor and Clerk authorized to execute said Change Order No. 5 (Final). Ayes: Seven. Resolution adopted and upon approval by Mayor, as- signed No. 25544. 73450 - Mayor Rooff stated this would allow developer to sell bonds for purpose of building housing for elderly. Moved by Roehr, seconded by Dowie that "Resolution authorizing the designation of Waterloo Housing Development Corporation as an in- strumentality of the City and approving project", be adopted. Ayes: Bowers, Burton, Dowie, Getty, Hutchison, Roehr. Nay: Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 25545. 73451 - Moved by Dowie, seconded by Bowers that Final Pay Estimate No. 9 of Brice, Petrides & Associates, Inc., Engineers, for Contract No. 159, and Community Development Board request for approval, be re- ceived, placed on file and "Resolution approving the Final Pay Estimate Report as to work and materials furnished by Cedar Valley Corporation for East Park Avenue Area Street Improvements, Sewers and Incidentals, Contract No. 159, accepting the work and certify- ing payment accordingly", adopted. Ayes: Seven. Resolution a- dopted and upon approval by Mayor, assigned No. 25546. January 9, 1978 r4S ''1 - 3 - 73452 - Moved by Getty, seconded by Wilharm that "Resolution, Bills, Sched- ule A", be adopted. Ayes: Bowers, Burton, Getty, Hutchison, Roehr, Wilharm. Dowie: Declined to vote by reason of possible conflict of interest under Section 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor, assigned No. 25547. 73453 - Moved by Getty, seconded by ule B", be adopted. Ayes: approval by Mayor, assigned 73454 - Moved by Dowie, seconded by Mayor Rooff, submitting for William Nelson, 523 Hammond Fred Loomer ending December ald Cobb and Stuart A. Stit 1979, to the Board of Heati proved. Motion carried. Wilharm that "Resolution, Bills, Sched- Seven. Resolution adopted and upon No. 25548. Roehr that two communications from Council approval the appointment of Avenue, to fill unexpired term of 31, 1978, and the reappointment of Don- chman, with terms expiring December 31, ng, be received, placed on file and ap- 73455 - Moved by Bowers, seconded by Roehr that communication from Mayor Rooff, submitting for Council approval the name of Bernard Stroh, 132 Alta Vista Avenue, for appointment to Community Development Board to fill vacancy due to Sally Hutchison's resignation, with unexpired term to end March 1, 1982, be received, placed on file and appointment approved. Motion carried. 73456 - Moved by Roehr, seconded by Bowers that communication from Fire Chief, reporting retirement of Merrild Fortune as of January 2, 1978 from the Fire Department and entitlement of 600 hours of sick leave pay and $435.51 vacation pay, be received, placed on file and "Resolution approving payment of $4,443.51 sick leave and vacation pay to Merrild Fortune, Retiree of Fire Department" adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25549. 73457 - Moved by Getty, seconded by Hutchison that the following request for permission to attend a function, with expenses not to exceed amount shown, be received, placed on file and approved: Building Inspector and Permit Writer to Basic Course on Fire & Life Safety Provisions of Uniform Building Code, Waterloo, Iowa, January 6 thru March 15, 1978, Saturday and evening sessions, $50.00 each. Ayes: Seven. Motion carried. 73458 - Moved by Bowers, seconded by Hutchison that the following applica- tions for Beer Permits, be received, placed on file, approved, and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Permits Class C Quik Trip Corporation dba QuikTrip #512, 334 East Ridgeway Avenue Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #4, 3808 University Avenue Sunday Sales - Beer Permits - Class C Qui Trip Corporation dba QuikTrip #512, 334 East Ridgeway Avenue Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #4, 3808 University Avenue Motion carried. 73459 - Moved by Dowie, seconded by Burton that the following applications for taxicab driver's permits, be received, placed on file and grant- ed: Dody L. Marvets, 2235 Lincoln Street David L. Bair, 1403 West Bremer Street, Waverly Motion carried. 73460 - Moved by Getty, seconded by Roehr that the application of Glenn A. Wright dba Packers' Inn for permission to sell cigarettes at 201 Rath Street, be received, placed on file and granted. Motion car- ried. w ''\ - 4 - 73461 - Moved by Bowers, seconded by Getty that report of City Attorney and list of bonds filed with Clerk through 1/9/78, be received, placed on file and report and bonds approved. Motion carried. 73462 - Moved by Dowie, seconded by Hutchison that the Council adjourn. Motion carried. January 9, 1978 Katherine Gibbs, City Clerk