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HomeMy WebLinkAbout12/18/78-4+ December 18, 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 December 18, 1978. Mayor Rooff in the Chair. On roll call, Present: Burton, Dowie, Getty, Hutchison, Roehr, Wilharm. Absent: Bowers. Invocation by Councilman Burton. 75486 - Moved by Roehr, seconded by Dowie that the Agenda, as proposed, for the Regular Session of December 18, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 75487 - Moved by Burton, seconded by Hutchison that the Minutes of the Regular Session held December 11, 1978 at 7:00 P.M., be approved. Motion carried 75488 - Mayor Rooff welcomed Boy Scout Troop 17 of Kingsley School. 75489 - Moved by Roehr, seconded by Wilharm that proof of publication of Notice of Intention to Issue Industrial Development Revenue Bonds (Wayne En- gineering Corporation) (Not to Exceed $500,000), in the City of Waterloo, Iowa, as published in Waterloo Courier on 12/1/78, be received and placed on file. Motion carried. 75490 - The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $500,000 aggregate princi- pal amount of the City's Industrial Development Revenue Bonds (Wayne Engineering Corporation Project) Series 1979, pursuant to the provisions of Chapter 419, Code of Iowa, for the purpose of defraying the cost of acquiring land within the City and constructing, improving and equipping thereon, an industrial development project, consisting of facilities suitable for use in the processing and assembling of solid waste refuse packer bodies on truck chassis. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to Wayne Engineering Corpor- ation, with loan payments sufficient to pay principal of and interest and premium, if any, on such Bonds as the same fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. After amply opportunity had been given to all persons to appear at the hearing to express their views for or against the proposal to issue the Bonds, Council Member Wilharm proposed the following Resolution and it was Moved by Wilharm, seconded by Dowie that "Resolution approving proceeding with the issuance and sale of Not to Exceed $500,000 of Industrial Development Revenue Bonds (Wayne Engineering Corporation Pro- ject) Series 1979, be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26096. 75491 - Moved by Roehr, seconded by Hutchison that proof of publication of notice of public hearing on proposal to dispose of real property in part of Block 8, Original Plat West in 600 Block of Commercial Street, as pub- lished in Waterloo Courier on December 12, 1978 to Continental Invest- ment Group of Chicago (hotel developers), be received and placed on file. Motion carried. 75492 - This being the time for hearing, the Mayor called for written and oral objections and there were none. Moved by Wilharm, seconded by Burton that "Resolution approving and authorizing the conveyance of certain real property to Continental In- vestment Group of Chicago (hotel developer), as published in the Water- loo Courier on December 12, 1978, pursuant to UDAG Contract dated 12/6/78, in connection with a proposed hotel, and directing and author- izing the Mayor and City Clerk to execute and deliver a deed for said property", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26097. 75493 - Moved by Hutchison, seconded by Getty that proof of publication of notice of public hearing on proposal to vacate, sell and convey to James and Myrtle Irene Vivians, and to Palmer and Venella Byrd, a portion of Willow Street lying between Wly right-of-way line of Beech Street and the west line of N -S alley extended, Block 14, Rosehill First Addition with City's retention of utility easement, as published in Waterloo Courier on December 8, 1978, for $0.10 per sq. ft. plus costs (Byrd $542.52 and Vivians $551.92), be received and placed on file. Motion carried. -2- 75494 - This being the time for hearing, the Mayor called for written and oral objections and there were none. Moved by Burton, seconded by Getty that "Ordinance vacating a portion of Willow Street lying between Wly right-of-way line of Beech Street and the west line of N -S alley extended, Block 14, Rosehill First Addition with City's retention of utility easement", be received, placed on file, con- sidered and passed for the first time. Ayes: Six. Absent: Bowers. Motion carried. 75495 - Moved by Roehr, seconded by Dowie that the rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspend- ed, 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: Bowers. Motion carried. 75496 - Moved by Roehr, seconded by Burton that "Ordinance vacating a portion of Willow Street lying between Wly right-of-way line of Beech Street and the west line of N -S alley extended, Block 14, Rosehill First Addition with City's retention of utility easement", be adopted. Ayes: Six. bsent: Bowers. Ordinance adopted and upon approval by Mayor, assigned . 3003. 75497 - Loved by Dowie, seconded by Hutchison that "Resolution authorizing the 'sale and conveyance of a portion of Willow Street lying between Wly right-of-way line of Beech Street and the west line of N -S alley extend- ed, Block 14, Rosehill First Addition with City's retention of utility easement to James and Myrtle Irene Vivians and to Palmer and Venella Byrd for $0.10 per sq. ft. plus costs, and directing and authorizing the Mayor and City Clerk to execute and deliver deeds for said property", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26098. 75498 - Moved by Roehr, seconded by Burton that proof of publication of notice of public hearing on rezoning from "R-4" Multiple Residence District to "C-2" Commercial District approximately 3.44 acres, being all of Lots 1, 2 and 3 of Auditor Barnes Plat No. 1 and all of Allen Heights First Addition except for the west 60' and south 100', located north of West Donald Street and west of Logan Avenue (U.S. Hwy. #63), as published in Waterloo Courier on December 1, 1978 upon the request of Mary E. Narey, upon the recommendation of City Zoning Commission and Council's own motioi and a 50% remonstrance petition of property owners within 250', be re- ceived and placed on file. Motion carried. 75499 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Dowie, seconded by Roehr that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 152 to Section 2A-5, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Wilharm, Roehr, Getty, Dowie. Nays: Hutchison, Burton. Absent: Bowers. Motion carried. 75500 - Moved by Roehr, seconded by Burton that proof of publication of notice of public hearing on adoption of a Food Service Sanitation Ordinance, as published in Waterloo Courier on 12/12/78, be received and placed on file. Motion carried. 75501 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Burton, seconded by ference from the 1976 edition Service Sanitation Ordinance Ayes: Six. Absent: Bowers. Mayor, assigned No. 26099. December 18, 1978 Hutchison that "Resolution adopting by re - of the Food and Drug Administration Food as complete municipal code", be adopted. Resolution adopted and upon approval by -3- 75502 - Moved by Roehr, seconded by Hutchison that "An Ordinance repealing Chapter 15, Food and Food Handlers, of the Code of Ordinances of the City of Waterloo, Iowa; and enacting in lieu thereof "Food Service Sanitation Ordinance ", be received, placed on file, considered and the rules re- quiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance recorded as having been con- sidered and passed for the first, second and third times, and now placed on its final adoption. Ayes: Six. Absent: Bowers. Motion carried. 75503 - Moved by Burton, seconded by Getty that "An Ordinance repealing Chapter 15, Food and Food Handlers, of the Code of Ordinances of the City of Waterloo, Iowa; and enacting in lieu thereof "Food Service Sanitation Ordinance", be adopted. Ayes: Six. Absent: Bowers. Ordinance adopted and upon approval by Mayor, assigned No. 3004. 75504 - Under Council Action #75466 of 12/11/78 the B. Schultz Company on David Street Junk Dealer License application was ordered placed on agenda for 12/18/78 for reconsideration. Councilman Getty noted the 25 or more objectors in attendance; reviewed the history of denial of license and order for removel by June 15, 1979; reported the (1) preparation of a list of conditions necessary for approval of license, (2) the school was on hilltop and the church on Louise Street and could not see the junk yard, (3) the City Health In- spector found no rat infestation, skunks, water or food in the junk yard. He pointed out if the City lost the lawsuit, a fence would not need to be erected, and if junk yard removed, a more undesirable industry could move in as this was zoned a M-2 Heavy Industrial District. F. M. VanEe, 1252 Lincoln Street, presented an objection petition; and requested the yard be closed on June 15, 1979, as it was completely surrounded by people who do not want it. Rev. Charles Birchmier, Pastor of St. Paul's Methodist Church, supported the objectors as he was concerned about type of community by Allen Hos- pital. Joe's Auto Repair also objected. Tom Smith, a B. Schultz Company employee, reported the scrap pile was down, none of the employees have seen anitnals in the junk yard, and if license is denied he and fifteen other employees would be out of jobs. Linda Schmitz, Mrs. Roy Watts, Taylor Baker, Sharon McBride, also object- ed. Jack Brinkema, crane operator for Schultz, stated he has never work- ed late at night and he has never seen any skunks but has seen cats and rabbits. Moved by Hutchison, seconded by None that this business be tabled until a full Council was in attendance. Motion died for lack of second. 75505 - Moved by Hutchison, seconded by Getty that the application of B. Schultz Company for a Junk Yard License, be denied. Mayor Rooff instructed the Clerk to start the roll call with Councilman Getty. Ayes: Getty, Hutchison, Burton. Nays: Roehr, Wilharm, Dowie. Absent: Bowers. Motion not carried. 75506 - A discussion followed. Moved by Wilharm, seconded by Roehr that the above application of B. Schultz Company for a Junk Yard License, be grant- ed subject to compliance with the conditions for approval as outlined in the memorandum dated 12/15/78 prepared by the Plan and Program Commission. 75507 - Marion Hutchison stated the objectors wanted a rule of law by court and their day in court. City Attorney Smith replied their having a day in court and the City having day in court were two different things as the City previously had been in court, had researched, and his honest opinion was the license would be granted due to the City's statutes, ordinances, etc. and it would be improper for them to force the City to Court. Councilman Hutchison stated this matter should be brought to court. Councilman Dowie pointed out the conditions for approval provided for the fence to be erected by May 1, 1979 and trees planted by June 30, 1979, and being the time was so close, that this wait to see what the firm would do. December 18, 1978 75507 - -4- (Continued) W. Louis Beecher, Atty. for B. Schultz Company, stated this was a respon- sible company; wanted to be good neighbors; a brand new solid fence has been delivered; the high piles have been moved out; this was zoned M-2 Heavy Industrial District and license must be granted; the employees would be out of jobs if license denied; they did not want to sue City, and asked they approve license and see what the Company has done by next Spring when renewal comes up. Mayor Rooff asked if the Company accepted the conditions and Atty. Beecher replied in the affirmative. The Mayor asked the Council Members to vote their convictions and not to vote to go to court if this was not their conviction; also, he addressed Council Member Hutchison that in her particular case, he did not think she should be voting. She stated this Company was not being put out business but out of this location. A call was made for roll call on the motion on the floor. Ayes: Wilharm, Roehr, Dowie. Nays: Hutchison, Getty, Burton. Absent: Bowers. Motion not carried. 75508 - Joe Butler asked for a progress report on the Pleasant Valley area drain- age and traffic problems. Mayor Rooff stated a temporary moratorium still existed; the problem could be sanitary sewer but there was not enough evidence to make a recommendation. Walter Cunningham spoke on the traffic problems and Jim Burnell on R-1 zoning. 75509 - Moved by Burton, seconded by Dowie that request of Waterloo Chamber of Commerce for tenant organization at City's Elderly Housing Project, 225 West Ridgeway Avenue, for permission to name said building Ridgeway Towers, be received, placed on file and approved. Motion carried. 75510 - Moved by Dowie, seconded by Getty that request of Wayne Billman for. vacation, sale and conveyance of N 8' of Lots 1, 2, 3, 4, and 5 of Weishaar's Addition, with City's retention of easement, for $0.10 per sq. ft. plus costs; to Larry L. and Ila J. Owens the N 8' of Lot 1, for $51.20, plus costs; to Wayne R. and Dorothy M. Billman the N 8' of Lots 2 and 5, for $80.72 plus costs; to George V. Eighmey the N 8' of Lot 3, for $40.00 plus costs; to John D. and Maxine J. Scharfenberg the N 8' of Lot 4, for $40.00 plus costs; all in Weishaar's Addition, and Plan and Program Commission's recommendation for approval, be received, placed on file and "Resolution fixing the time and place of hearing as January 2, 1979 in City Hall on proposal to vacate, sell and convey the N 8' of Lots 1, 2, 3, 4 and 5, Weishaar's Addition", adopted and Clerk instructed to publish notice of hearing. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26100. 75511 - Moved by Getty, seconded by Dowie that offer of James F. Jacobs, 4273 La Porte Road, to purchase Disposal Parcel No. 30 D in Logan Avenue Urban Renewal Area, Project No. Iowa R-2, for the sum of $200 for side yard purposes, and Community Development Board approval report, be received, placed on file, "A resolution authorizing the sale of Disposal Parcel No. 30 D in the Logan Avenue Urban Renewal Area, Project No. Iowa R-2", adopted and hearing set for January 22, 1979 at 7:00 P.M. in Council Chambers in City Hall. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26101. 75512 - Moved by Roehr, seconded by Wilharm that communication from Black Hawk County Board of Supervisors, advising offers had been made on 11/27/78 for the following properties in the amounts shown, on which Black Hawk County holds title, and requesting Council approval to accept same sub- ject to City of Waterloo waiving all special assessments and City to receive all proceeds from the sale, be received, placed on file and approved: Special Amount to Description Assessments be Waived Bid Original Plat West, SW 94.78' Lot 7, Block 46, except NW 2.55' $1,392.21 $392.21 $1,000 Shilliam's 3rd Sub., Lot 3, Block 3 1,138.52 878.52 260 December 18, 1978 -5- 75512 - (Continued) Special Amount to Description Assessments' be Waived Bid McFar ane s Su Lots 3 and 4 384.62 284.62 100 Block 2 Shilliam's 3rd Sub., N 26' Lot 8, 143.69 93.69 50 Block 11 Shilliam's 3rd Sub, Lot 9, Block 11 566.80 491.80 75 Ayes: Six. Absent: Bowers. Motion carried. 75513 - Under Council Action #75444 of 12/4/78 action was deferred on a Memoran�: dura of Agreement between the City of Waterloo, Iowa and Weissman Indus- tries, Inc. on the issuance of $1,000,000 Industrial Development Revenue Bonds under Chapter 419, Code of Iowa, to finance costs of acquiring, improving and equipping certain real estate, building, fixtures and machinery, etc. for steel reprocessing, recycling and distribution facilit Moved by Burton, seconded by Dowie that "A Resolution Authorizing the Execution of a Memorandum of Agreement by and between the City of Waterloo Iowa and Weissman Industries, Inc., regarding the issuance of Industrial Development Revenue Bonds", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26102. 75514 - The City Council discussed matters relating to the financing of certain facilities for Weissman Industries, Inc. at its plant to be constructed in the City, Councilman Burton introduced and caused to be read the following Resolution No. 26103. Moved by Burton, seconded by Getty that "Resolution fixing a date for public hearing on proposed Industrial Development Revenue Bonds (Weissman Industries, Inc. Project) Series 1979", be adopted, and date of hearing set as January 8, 1979 at 7:00 P.M. in the Council Chambers in City Hall. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26103. 75515 - Moved by Dowie, seconded by Burton that communication from Community Development Administrator, transmitting an Offer of Sale to the City of Waterloo from Norman Andorf and Sharon Andorf of 2531 Kenyon Avenue for the sum of $15,200 and relocation costs for Stage III -D Flood Control by Pass Channel, and recommending approval, be received, placed on file and "A resolution accepting and approving certain offers to sell real pro- perty to the City and accepting and approving certain deeds", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26104. 75516 - Moved by Roehr, seconded by Hutchison that Contract, Bond and Certificate of Insurance for Contract No. 85, in the amount of $80,485.42, be received placed on file and "Resolution approving Contract and Bond of Lehman Trucking & Excavating, Inc., Waterloo, Iowa, for Castle Hill Drainage Improvements, Phase I, Westbourne Road, Contract No. 85", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26105. 75517 - Moved by Dowie, seconded by Hutchison that communication from City Engin- eer, transmitting Agreement No. 78-F-140 for FAUS Project East Shaulis Road Bridge and Paving with Iowa Department of Transportation, based on 75% FAUS funds and 25% City funds with City's share approximately $265,000 and recommending approval, be received, placed on file and "Resolution approving Iowa Department of Transportation Agreement No. 78-F-140 for FAUS Project East Shaulis Road Bridge and Paving", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26106. 75518 - Moved by Dowie, seconded by Burton that communication from City Engineer, transmitting Railroad Crossing Improvement Agreement No. 78-F-123 for West Ridgeway Avenue Improvements, Contract No. 165, with Iowa Department of December 18, 1978 INN _6" 75518 - (Continued) Transportation, based on 90% Federal Aid funds and 10% City funds with City's share approximately $2,514.00, and recommending approval, be received, placed on file and "Resolution approving Iowa Department of Transportation Railroad Crossing Improvement Agreement No. 78-F-123 for West Ridgeway Avenue Improvements, Contract No. 165", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26107. 75519 - Ted Barlows of Swiss Valley Farms Fluid Milk Division of Mississippi Valley Milk Producers Association objected to the proposed changes of inspection fees and requested postponement of adoption of ordinance to allow further research and data preparation for presentation to Council. Moved by Wilharm, seconded by Roehr that "An Ordinance amending Ordinance No. 2446, as amended, known as the Milk Ordinance by repealing all of Section 5-A Inspection Fees and enacting in lieu thereof new Section 5-A Inspection Fees", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Bowers. Motion carried. 75520 - Moved by Roehr, seconded by Getty that "Resolution providing for the advertisement of $4,985,000 Corporate Purpose Bonds", be adopted, and date and time set as January 11, 1979 at 1:00 P.M. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26108. 75521 - Moved by Wilharm, seconded by Hutchison that "A Resolution approving and providing for the execution of Amendment No. 1 of the Offer of Grant for Project No. 05-51-00255 by and between the City of Waterloo, Iowa, and the U.S. Department of Commerce", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26109. 75522 - Moved by Burton, seconded by Wilharm that "A resolution approving and providing for the execution of Amendment No. 1 of the Offer of Grant for Project No. 05-51-20254 by and between the City of Waterloo, Iowa, and the U.S. Department of Commerce", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26110. 75523 - Moved by Dowie, seconded by Roehr that Estimate No. 2 (Final) Report and Declaration of Completion for Contract No. 96, and City Engineer's recommendation for approval and acceptance, be received, placed on file and "Resolution approving Estimate No. 2 (Final) Report and Declaration of Completion as to work and materials furnished by Cedar Valley Corpor- ation, Contractors, for the Virden Creek Cunette Repair, Contract No. 96, accepting the work and authorizing payment accordingly", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26111. 75524 - Moved by Wilharm, seconded by Getty that Completion Report and Recommend- ation of Acceptance of City Engineer for Contract No. 171, be received, placed on file and "Resolution approving the Completion Report and Re- commendation of Acceptance as to work and materials furnished by Rohlin Construction Company, Inc. for F.Y. 1979 Overlay Program, Contract No. 171, accepting the work and authorizing payment accordingly", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26112. 75525 - Moved by Roehr, seconded by Wilharm that Completionort a d Recommend- ation of Acceptance of City Engineer for Contract No. 173, e received, placed on file and "Resolution approving the Completi n ort and Re- commendation of Acceptance as to work and materials furnished by Cedar Valley Corporation for Newell Street Paving and Incidentals, Contract No. 173, accepting the work and authorizing payment accordingly", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26113. December 18, 1978 -7- 15526 - Moved by Wilharm, seconded by Getty that statement for laboratory serviceE for Contract No. 12, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 11/28/78 from Twin City Testing & Engineering Laboratory, Inc., St. Paul, Minnesota, for laboratory services for West Ridgeway Avenue Bridge Replacement Project, Contract No. 12, and authorizing pay- ment accordingly", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26114. 15527 - Moved by Wilharm, seconded by Burton that statement for construction staking and resident construction review services for Contract No. 12, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 12/7/78 from Brice, Petrides & Associates, Inc. for engineering services for West Ridgeway Avenue Bridge Replacement Project, Contract No. 12, and author- izing payment accordingly", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26115. 15528 - Moved by Roehr, seconded by Dowie that statement for engineering con- struction review services for Minor Contract No. 91, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 11/9/78 from Brice, Petrides & Associates, Inc, for engineering construction review services for Fourth Street Bridge Walkway Canopy, Minor Contract No. 91, and author- izing payment accordingly", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assinged No. 26116 75529 - Moved by Dowie, seconded by Hutchison that statement for construction staking and resident construction review services for Contract No. 165, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 12/7/78 from Brice, Petrides & Associates, Inc. for engineering services for West Ridgeway Avenue Street Project, Phase II,: Contract No. 165, and authorizing payment accordingly", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26117 75530 - Moved by Burton, seconded by Hutchison that two statements for engineering services for Contract No. 168, and City Engineer's recommendation for approval, be recieved, placed on file and "Resolution approving and accepting two statements dated 12/7/78 from Wayne Claassen Engineering & Surveying, Inc. for engineering services for E. San Marnan Drive Paving & Incidentals, Contract No. 168, and authorizing payment accordingly", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26118. 75531 - Moved by Dowie, seconded by Wilharm that statement for design services for Contract No. 168, and City Engineer's recommendation for approval,be received, placed on file and "Resolution approving and accepting state- ment dated 12/7/78 from Wayne Claassen Engineering & Surveying, Inc. for design services for E. San Marnan Drive Paving & Incidentals, Contract No. 168", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26119. 75532 - Moved by Wilharm,seconded by Roehr that statement for design services for Contract No. 173, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 12/7/78 from Wayne Claassen Engineering & Surveying, Inc. for design services for Newell Street Paving & Incidentals, Contract No. 173", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26120. 75533 - Moved by Roehr, seconded by Hutchison that two statements for engineering services for Contract No. 173, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statements dated 12/7/78 from Wayne Claassen Engineering & Surveying, Inc. for engineering services for Newell Street Paving & Incidentals, Contract No. 173", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26121. December 18, 1978 -8- - 75534 - Moved by Hutchison, seconded by Getty that statement for engineering services for Contract No. 180, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 12/7/78 from Wayne Claassen Engineering & Surveying, Inc. for engineering services for Lowder Road Sanitary Sewer, Contract No. 180", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26122. 5535 - Moved by Getty, seconded by Hutchison that "Resolution, Bills, Schedule A", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26123. 75536 - Moved by Getty, seconded by Hutchison that "Resolution, Bills, Schedule B", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26124. 75537 - Moved by Roehr, seconded by Getty that communication from Electrical Inspector recommending installation of one 175 Watt White Mercury Vapor street light at the following locations, be recieved, placed on file, approved and "Resolution ordering installation of certain street lights" adopted: 1 - Midway in the 900 block of Cutler Street; 1 - Midway in the 200 block of Reed Street; 1 - On west lot line of 4024 Scenic Drive; 1 - At intersection of West Fourth Street and Sky Line; 1 - Opposite 2746 Cedar Terrace Drive. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26125. 75538 - Moved by Dowie, seconded by Hutchison that communication from Waterloo Water Works quoting an excerpt from their Board Meeting held 12/13/78, re stop flow of water and prevent further damage at 209 Mobile Street, Joseph P. Philip and Marchell H. Philip, owners, together with statement of cost in the amount of $730.00, in compliance with City Ordinance No. 1118, be received, placed on file and "Resolution making assessment for stoppage of flow of water and prevention of further damage at 209 Mobile Street", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26126. 75539 - Moved by Roehr, seconded by Getty that communication from Waterloo Water Works quoting an excerpt from their Board Meeting held 12/13/78, re stop flow of water and prevent further damage at 213 Mobile Street, Fred A. Johnson contract purchaser and Iowa Dwellings Corporation, deed holder, together with statement of cost in the amount of $930.00, in compliance with City Ordinance No. 1118, be received, placed on file and "Resolution making assessment for stoppage of flow of water and prevention of further damage at 213 Mobile Street", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26127. 75540 - Moved by Dowie, seconded by Wilharm that communication from Waterloo Water Works quoting an excerpt from their Board Meeting held 12/13/78, re stop flow of water and prevent further damage at 801 Reber Avenue, Charles S. Demuth and Rose Ann Demuth, owners, together with statement of cost in the amount of $220.00 in compliance with City Ordinance No. 1118, be received, placed on file and "Resolution making assessment for repair of service line leak and stoppage of flow of water and prevention of further damage at 801 Reber Avenue", adopted. Ayes: Wilharm, Roehr, Hutchison, Dowie. Nays: Getty, Burton. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26128. 75541 - Moved by Burton, seconded by Dowie that communication from Director of Parks, reporting retirement of Glenn Sommer, effective 12/28/78, and entitlement to 666 hours sick leave and 288 hours vacation pay, be received, placed on file and "Resolution approving payment of $6,334.56 sick leave and vacation pay to Glenn Sommer, Retiree of Park Department" adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 26129. December 18, 1978 . , . 75542 - Moved by Roehr, seconded by Wilharm that communication from Fire Chief, requesting Council approval of the following appointment to the Waterloo Fire Department, be received, placed on file and approved effective as of 12/10/78: Michael Kemming Motion carried. 75543 - Moved by Dowie, seconded by Burton that communication from Plan and Pro- gram Commission, reporting public input hearing is required for possible uses of Revenue Sharing Entitlement for Fiscal Year July 1, 1979 thru June 30, 1980, be received, placed on file, date of hearing set as January 8, 1979 at 5:00 P.M. in the Council Chambers in City Hall and Clerk instructed to publish notice. Motion carried. 75544 - Moved by Roehr, seconded by Getty 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 C. Marti n Oil Service, Inc., 325 Beer Liquor Class C Charles Claude Schauf, Jr. dba Sundav Sales - Beer Class C Martin Oil Service, Inc., 325 Motion carried. Franklin Street Inn Touch Lounge, 1445-47 Sycamore Street Franklin Street 75545 - Moved by Getty, seconded by Hutchison that following application for taxicab driver's permits, be received, placed on file and granted.: Larry Jr. Smith, 121 Independence Avenue Dennis Lee Olmstead, 2508 S. Union Road, #73 Motion carried. 75546 - Moved by Hutchison, seconded by Getty that the application of Charles C. Schauf, Jr. dba Inn Touch Lounge, 1445-47 Sycamore Street, for a dance license, be received, placed on file and granted. Motion carried. 75547 - Moved by Burton, seconded by Roehr that report of City Attorney and list of bonds filed with Clerk through 12/18/78, be received, placed on file and report and bonds approved. Motion carried. 75548 - Mayor Rooff wished everyone a Merry Christmas and said City Hall would be closed Monday and Tuesday, December 25 and 26, 1978, but there would be a Council Meeting Tuesday night, December 26, 1978 at 7::00 P.M. 75549 - Moved by Burton, seconded by Roehr that the Council adjourn. Motion carried. December 18, 1978 Katherine Gibbs, City Clerk