HomeMy WebLinkAbout09/08/81September 8, 1981
The Council of the City of Waterloo, Iowa met in Executive Session at City Hall, Mayor's
Conference Room, Waterloo, Iowa at 6:40 P.M. on Tuesday, September 8, 1981. Assistant City
Kennedy recommended that the Council meet in Executive Session to discuss the impending
lawsuit regarding the termination of Maggie Girsch.
Moved by Wilharm, seconded by Roehr to meet in Executive Session. Ayes:, Seven.
Motion carried.
EXECUTIVE SESSION
► It was moved by Wilharm, seconded by Roehr to close the Executive Session. Ayes:
Seven. Motion carried. The meeting was adjourned at 6:55 P.M.
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 Tuesday, September 8, 1981. Mayor Rooff in the
Chair. On Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie.
Invocation by Councilman Bowers.
81032 - Moved by Wilharm, seconded by Bowers that the Agenda, as proposed, for the Regular
Session of September 8, 1981, at 7:00 P.M., be accepted and approved. Motion
carried.
81033 - Moved by Dowie, seconded by Getty that the minutes of the Regular Session held
August 24, 1981 at 7:00 P.M. be approved. Motion carried.
HEARINGS AND BIDS
81034 - Moved by Roehr, seconded by Getty that proof of publication of notice of public
hearing on proposal to sell and convey real property located at the intersection of
Newell and Linn Streets as published in the Waterloo Courier on August 21, 1981, be
received and placed on file. Motion carried.
81035 - Moved by Bowers, seconded by Wilharm to receive and place on file the Plan and
Program Commission's recommendation. Motion carried.
81036 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for
written and oral objections and there were none.
Moved by Wilharm, seconded by Roehr that the sealed bid from Owen and Lela Fesby in
the amount of $400.00, be received, placed on file, and referred to Plan and Program
Department for review and recommendation. Motion carried.
81037 - Don Temeyer, Plan and Program Director, reported that the bid of Owen and Lela Fesby
was in the amount of $400.00. The minimum bid established by the City Council was
$500.00. Since the bidder had previously deposited $100.00, the bidder most likely
made the offer in the amount of the balance due. He suggested that the bid be made
subject to checking with the bidder that he intended to bid $500.00 for the entire
parcel.
Moved by Bowers, seconded by Dowie that "resolution authorizing sale and conveyance
of the west 40 feet of Lot 15, Block 3, Sub. of Block 3 North Addition, City of
Waterloo, Black Hawk County, Iowa to Lela Fesby in the amount of $500.00", be
adopted, subject to the above recommendation of the Plan and Program Director.
Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-437.
HEARINGS
81038 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public
hearing on sale and conveyance of an alley located between Calhoun and Schultz
Streets as published in the Waterloo Courier on August 21, 1981 be received and
placed on file. Motion carried.
81039 - Moved by Wilharm, seconded by Bowers to receive and place on file the Plan and
Program Commission's recommendation.' Motion carried.
September 8, 1981 Page 2
HEARINGS - CONTINUED
81040 HOLD HEARING - This being the time and place to hold hearing the Mayor called for
written and oral objections and there were none.
Moved by Wilharm, seconded by Roehr that "an ordinance vacating an alley located
between Calhoun and Schultz Streets", be received, placed on file and passed for the
first time. Ayes: Seven. Motion carried.
81041 Don Temeyer, Plan and Program Director, reported that all adjacent property owners
had signed a petition of approval for said sale and conveyance.
Moved by Roehr, seconded by Dowie that the rules requiring ordinances to be
considered and voted for passage at two prior meetings, be 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: Getty, Penaluna, Roehr,
Wilharm, Burton, Dowie. Nays: Bowers. Motion carried.
81042 - Moved by Penaluna, seconded by Getty that "an ordinance vacating an alley located
between Calhoun and Schultz Streets", be adopted. Ayes: Getty, Penaluna, Roehr,
Wilharm, Burton, Dowie. Nays: Bowers. Ordinance adopted and upon approval by
Mayor assigned No. 3160.
81043 - Moved by Burton, seconded by Roehr that "Resolution authorizing the sale and
conveyance of a twenty (20) foot alley lying adjacent to Lots 26 and 27 in Auditor
Barnes Plat of Maywood to Frank McGurn for an amount of $252.00", be adopted and
instruct City Attorney to prepare and deliver deed. Ayes: Getty, Penaluna, Roehr,
Wilharm, Burton, Dowie. Nays: Bowers. Resolution adopted and upon approval by
Mayor assigned No. 1981-438.
ORAL PRESENTATIONS
81044 Donna Reilley, 732 Wildwood Rd., asked that a pedestrian crossing be installed at
the corner of W. 9th St. and Park Ave. She stated that a significant number of
small children cross at this intersection.
Moved by Wilharm, seconded by Dowie to receive and place on file the above request
and refer to Sign and Traffic Department. Motion carried.
81045 David Cooper, 4764 Williams Dr., presented a petition of area residents opposing the
proposed paving program in the Klingaman Knolls Area. (F.Y. 1981 Paving Program
No.2, Contract No. 219)
Moved by Roehr, seconded by Dowie to receive and place on file the above petition
and refer to the City Engineer for verification. Motjon carried.
81046 Councilman Burton presented a petition signed by Mrs. Robert Barney, 612 Upton,
requesting sidewalks for said address.
Moved by Burton, seconded by Roehr to receive and place on file above petition and
refer to Community Development. Motion carried.
81047 Councilman Penaluna asked that the Police Chief present the Council with an updated
report on the status of the Sullivan Park situation. A report will be made on
September 14, 1981.
PETITIONS FROM PUBLIC
81047 Moved by Dowie, seconded by Bowers that request of Ruth Mueller for permission to
construct a temporary concrete driveway at 744 West Parker Street, 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 Ruth Mueller
authorizing construction of a temporary concrete driveway at 744 West Parker Street
irrespective of a later official grade", be adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor assigned No. 1981-439.
September 8, 1981
PETITIONS FROM PUBLIC - CONTINUED
81048 - Mike Mrzlak, Sign and Traffic Department, reported that Maryland Avenue is narrow
and one of the few in the area without restricted parking.
Moved by Dowie, seconded by Wilharm that request for no parking on the 200 Block of
Maryland Avenue be received, placed on file and referred to the Public Safety
Committee for review and recommendation.
Page 3
81049 - Moved by Wilharm, seconded by Roehr that communication from Plan and Program
Director transmitting request for the sale and conveyance of property generally
located south and west of John Street extended along the west side of Virden Creek,
be received, placed on file and "Resolution setting date of hearing as September 28,
1981 at 7:00 P.M. in the City Hall Council Chambers on proposal to sell and convey
the property located south and west of John Street Extended along the west side of
Virden Creek with the City's retention of an easement over a portion of said
property", be adopted and minimum bid established at $900.00. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1981-440.
81050 - Moved by Bowers, seconded by Dowie that communication from Plan and Program
Commission transmitting request of Mr. and Mrs. Jesse Lyons to vacate, sell and
convey a portion of Archer Avenue located between U.S. Highway 20 and Colorado
Street together with recommendation of approval be received, placed on file and
"Resolution setting date of hearing as September 28, 1981 at City Hall Council
Chambers", be adopted and Clerk instructed to publish notice of hearing. Ayes:
Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-441.
UNFINISHED BUSINESS
81051 - Moved by Roehr, seconded by Penaluna that communication from City Engineer
recommending that the bid of Roy Avis Construction Company in the amount of
/54,561-'1149-80- for the Castle Hill Drainage Improvements, Helen Road Culvert
Replacement and Railroad Cut, Contract No. 222 be received, placed on file, and
"Resolution awarding contract to Roy Avis Construction Company in the amount of
1.(6,6S9- (g.for Castle Hill Drainage Improvements, Helen Road Culvert Replacement
and Railroad Cut, Contract No. 222", be adopted. Ayes: Seven. Resolution adopted
and upon approval by Mayor assigned No. 1981-442.
REPORTS
81052 - Moved by Wilharm, seconded by Penaluna that communication from City Attorney
reporting on Margaret Girsch lawsuit be received, placed on file and approved.
Motion carried.
,81053 - Several questions were raised regarding who would maintain the bus benches proposed
by Professional Services of Iowa if vandalized and also whether the company was
willing to hold the City harmless. A representaive of the company said that they
would be willing to address these items in the form of a written agreement.
Moved by Bowers, seconded by Getty that communication from Professional Services of
Iowa transmitting Bus Bench Project in the City of Waterloo be received, placed on
file and approved. Motion carried.
81054 - Moved by Dowie, seconded by Bowers that City Treasurer's Statement of August 1,
1981, $14,604,455.97 + Revenues - Property Taxes $6,327.46 + Revenues - City Clerk
$547,909.68 + Revenues - City Treasurer $6,307,192.99 + Revenues - Transfers
$347,103.54 - Disbursements $4,484,212.93, Balance on Hand August 31, 1981 --
$17,328,776.71, be received, placed on file and approved. Motion carried.
81055 - Moved by Roehr, seconded by Burton that Finance Director's Statement of September 3,
1981, showing Fund Balance August 1, 1981, $13,614,392.07 + Revenues $7,188,018.94 -
Bill Payments $2,087,483.51 - Payrolls $1,253,347.74 - Commission Bills $206,147.71
- Transfers $187,570.19, Fund Balance August 31, 1981, -- $17,067,861.86, be
received, placed on file and approved. Motion carried.
81056 - Moved by Burton, seconded by Bowers that communication from C. W. Parsons, Building
Official, reporting on street light placement referred to under C.R.#80988 of August
24, 1981, be received, placed on file and approved. Motion carried.
DOCUMENTS
81057 - Moved by Dowie, seconded by Getty that communication from Plann
a d Program
Commission transmitting permanent easement from Young Development Company in
connection with the construction and maintenance of storm sewer improvements in the
Klingaman Park Area, Contract No. 219 be received, placed on file and instruct City
Clerk to record same. Motion carried.
September 8, 1981
DOCUMENTS - CONTINUED
Page 4
81058 - Moved by Bowers, seconded by Getty that communication from Plan and Program Director
transmitting a warranty deed for frontage road to service proposed Northeast
Professional Clinic location on E. Donald Street together with contract and
petition and waiver be received, placed on file and "Resolution accepting the
warranty deed, contract and petition and waiver from H & F Realty, Inc. for frontage
road to service proposed Northeast Professional Clinic located on E. Donald Street",
be adopted and Clerk instructed to record same. Ayes: Seven. Resolution adopted
and upon approval by Mayor assigned No. 1981-443.
81059 - Moved by Roehr, seconded by Getty that Sanitary Sewer Agreement with City of Cedar
Falls and A. J. Saak for property located in Section 17-89-13 on Cardinal Drive be
received, placed on file and "Resolution authorizing and approving the execution of
an Sanitary Sewer Agreement dated August 24, 1981 by and between the City of
Waterloo, Iowa and the City of Cedar Falls, Iowa and A. J. Saak", be adopted and
Clerk instructed to record same. Ayes: Seven. Resolution adopted and upon
approval by Mayor assigned No. 1981-444.
81060 - Moved by Burton, seconded by Penaluna that communication from Community Development
Board transmitting amendment to easement agreement from Iowa Public Service to City
of Waterloo in connection with maintenance of the Virden Creek Pumping Station
together with recommendation of approval, be received, placed on file, and
"Resolution authorizing and approving the execution of an amendment to an easement
agreement by and between the City of Waterloo, Iowa and Iowa Public Service", be
adopted and Clerk instructed to record same. Ayes: Seven. Resolution adopted and
upon approval by Mayor assigned No. 1981-445.
81061 - Moved by Roehr, seconded by Getty that communication from City Engineer transmitting
paving plans for Heartland Hills as submitted by Schenk Engineering Company,
Waterloo, Iowa together with recommendation of approved be received, placed on file
and approved. Motion carried.
81062 - Moved by Penaluna, seconded by Wilharm that Change Order No. 5 for work performed in
connection with Shaulis Road Grading and Paving Project, Federal Project No.
M-6470(2)--81-07, Contract No. 201, together with City Engineer's recommendation for
approval, be received, placed on file, approved and Mayor and City Clerk authorized
to execute same. Motion carried.
81063 - Moved by Dowie, seconded by Burton that Contract, performance bond and certificate
of insurance for Contract No. 222, together with recommendation for approval, be
received, placed on file and "Resolution approving contract and bond of Roy G. Avis
Construction Company, Waterloo, Iowa, for Castle Hill Drainage Improvements, Helen
Road Culvert Replacement and Railroad Cut, Contract No. 222 in the amount of
$156,559.80", be adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor assigned No. 1981-446.
RESOLUTIONS TO BE ADOPTED
81064 - Moved by Burton, seconded by Bowers that "Resolution approving the Municipal Street
Finance Report to the Iowa Department of Transportation, for the year of July 1,
1980, to June 30, 1981, covering the various expenditures for street and parking
purposes on muncipal streets and parking in the City of Waterloo, Iowa", be adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No.
1981-447.
81065 - Mayor Rooff reported that an alternate freeway plan would be brought to the City
Council on September 14, 1981.
Moved by Getty, seconded by Wilharm that "resolution requesting the withdrawal of
F.A.P. I-380 (Intercity Freeway) Project from the Federal Interstate System", be
deleted from the agenda, with further action on this subject on September 14, 1981.
Motion carried.
81066 - The property at 531 Commercial Street is approximately 50,000 sq. ft. Two (2)
appraisals'were obtained, with the offer being the higher of the two (2).
September 9, 1981
RESOLUTIONS TO BE ADOPTED - CONTINUED
81066 Continued.
Page 5
Moved by Burton, seconded by Getty that communication from Community Development
Board transmitting an offer of sale for property located at 531 Commercial Street in
the amount of $391,000 together with recommendation of approval be received, placed
on file and "Resolution authorizing the execution of an offer of sale by and between
the City of Waterloo and Johnny C. and Janice M. Rice for property located at 531
Commercial Street in the amount of $391,000", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1981-448.
81067 Wendell McHenry, contract purchaser of property known as 614 Washington, stated that
he had not been informed of the City's intent to condemn said property. He stated
that he is seeking money to improve the structure.
Curt Parsons, Building official, stated that the building is a dangerous structure.
The Fire Chief concurs with this observation. After discussion, it was felt that Mr.
McHenry should provide the Building official with an outline of his intended course
of action.
Moved by Dowie, seconded by Burton that communication from C. W. Parsons, Building
Official, requesting condemnation of property located at 614 Washington Street be
received, placed on file and "Resolution authorizing the condemnation of certain
property located at 614 Washington Street", J delayed one week. Motion
carried.
81068 Moved by Bowers, seconded by Burton that Communication from C. W. Parsons, Building
Official, requesting condemnation of property located at 901-3-5-7-9 Lafayette Street
be received, placed on file and "Resolution authorizing the condemnation of certain
property located at 901-3-5-7-9 Lafayette Street", be adopted. Ayes: Penaluna,
Roehr, Wilharm, Bowers, Burton, Dowie. Nays: Getty. Resolution adopted and upon
approval by Mayor assigned No. 1981-449.
81069 Moved by Bowers, seconded by Burton that communication from City Engineer
transmitting cancellation of assessment included in the F.Y. 1980 Oiling Program,
Contract No. 204 for property known as Lot 7, Block 2 Dondel Addition, Bud Blanford,
owner, in the amount of $128.25 together with recommendation of approval be
received, placed on file and "Resolution cancelling the oiling assessment for Lot 7,
Blk 2, Dondel Addition in the amount of $128.25 in conjunction with F.Y. 1980 Oiling
Program, Contract No. 204", be adopted and instructing the City Clerk to certify
said cancellation to County Auditor. Ayes: Seven. Resolution adopted and upon
approval by Mayor assigned No. 1981-450.
81070 - Moved by Dowie, seconded by Penaluna that communication from City Engineer
transmitting completion report and recommendation of acceptance for F.Y. 1981 Paving
Program, Contract No. 213 be received, placed on file and "Resolution accepting work
of Cedar Valley Corporation of Waterloo, Iowa for F.Y. 1981 Paving Program, Contract
No. 213", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor
assigned No. 1981-451.
81071 - Moved by Roehr, seconded by Bowers.that "Resolution ordering preparation of final
plat and schedule of assessments for F.Y. 1981 Paving Program, Contract No 213", be
adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No.
1981-452.
NEW BUSINESS
81072 - Moved by Wilharm, seconded by Roehr that the specifications, form of contract,
estimate of cost, etc., for F.Y. 1981 Pinehurst Drainage Improvements, Contract No.
228, be received, placed on file and "Resolution preliminarily approving
specifications, form of contract, estimate of cost, etc., for F.Y. 1981 Pinehurst
Drainage Improvements, Contract No. 228 and setting date of hearing as September 21,
1981 at City Hall Council Chambers at 7:00 P.M.", be adopted and Clerk instructed to
publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by
Mayor assigned No. 1981-453.
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MISCELLANEOUS - CONTINUED
81076 - Continued.
'lass s
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Page 7
iry C. le Congr
a Nation. C. Congre
d
Class C
Uban Oil Company dba Lafayette Kerr McGee, 2100 Lafayette St.(Renewal)
Virgil G. Taylor dba Virg's Superette Foods, 1761 Independence Ave.
(Renewal)
John Woods dba John's Convenience and Arcade, 923 W. 3rd St.(Old location -
New Owner)
QuikTrip Corp. dba QuikTrip #526, 1976 Franklin (Renewal)
Motion carried.
81077 - Moved by Bowers, seconded by Getty that the following Ambulance Attendant Driver
Permit Application be received, placed on file and approved:
Mark Westerfield, 604 E. Linn, Marshalltown, Ia.
Motion carried.
81078 - Moved by Roehr, seconded by Burton that the following application for Dance License
be received, placed on file and approved:
Donald A. Weathermon dba The Hitching Post, 749 Rainbow
Motion carried.
81079 - Moved by Wilharm, seconded by Roehr to receive and place on file the appeal of the
peddler's license of Harry Johnson. Motion carried.
81080 - Larry Burger, City Clerk, reported that he had denied the application due to the
lengthy and serious list of offenses he had committed.
Moved by Wilharm, seconded by Bowers that appeal of Harry Johnson on denial of
Peddlers License by the City Clerk be received, placed on file and denied. Ayes:
Seven. Motion carried.
81081 - Moved by Burton, seconded by Bowers that report of City Attorney and list of bonds
filed with Clerk through September 8, 1981, be received, placed on file and report
and bonds approved. Motion carried.
81082 - Moved by Dowie, seconded by Roehr that the Council adjourn. Motion carried.
Larry P. Burger
City Clerk