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HomeMy WebLinkAbout01/23/780 January 23, 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 23, 1978. Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Wilharm. Absent: Roehr. Invocation by Councilman Getty. 73488 - Mayor Rooff recognized Boy Scout Troop 106 of the Free Methodist Church on Cornwall Avenue, together with Scout Leaders Larry Bjortomt and Tom Bauch. 73489 - Moved by Bowers, seconded by Burton that the Agenda, as amended, for the Regular Session of January 23, 1978 at 7:00 P.M., be ac- cepted and approved. Motion carried. 73490 - Moved by Dowie, seconded by Getty that the Minutes of the Regular Session held January 16, 1978 at 7:00 P.M. be approved. Motion carried. 73491 - Moved by Getty, seconded by Bowers that proof of publication of notice to contractors or invitation for bids for Triangle Terrace and Suburban Heights Sanitary Sewer Improvement Project, 1978 #1, Contract No. 189, be received and placed on file. Motion carried. 73492 - The Mayor announced that one of the purposes of this meeting was to receive, open, consider and tabulate bids for construction of Triangle Terrace and Suburban Heights Sanitary Sewer Improvement Project, 1978 #1, Contract No. 189, in accordance with the pub- lished notices of hearing and letting for said project. The Clerk reported five bids had been filed in her office. Moved by Dowie, seconded by Hutchison that the five bids be re- ceived, placed on file, the Clerk instructed to open but not read, and referred to the Engineers for checking and report back to the Council with recommendations after the hearing on the Resolution of Necessity has ended. Motion carried. 73493 - Moved by Dowie, seconded by Wilharm that the proof of publication of Notice of Public Hearing on proposed plans, specifications, form of contract and estimate of cost for Triangle Terrace and Suburban Heights Sanitary Sewer Improvement Project, 1978 #1, Contract No. 189, be received and placed on file. *lotion carried. 73494 - The Mayor announced this was the time and place for hearing on the matter of adoption of plans, specifications, form of contract, and estimated cost for the Triangle Terrace and Suburban Heights Sanitary Sewer Improvement Project, 1978 #1, Contract No. 189, and called for any oral objections to the making of said improve- ments, or to the adoption of the plans, specifications, form of contract or estimate of cost. No oral objections were offered and the Clerk reported no written objections thereto had been filed. Pointed out was Elliott Court was a private road and not maintained by City; sanitary sewer serves the same purpose regardless of size of the lot; two City lots off corner of E. Shaulis and Foulk Roads owned by Park Commission; easement would be obtained for agricul- tural land; on crop damage, City would deal with owner, and damage during construction would be with the contractor. Moved by Wilharm, seconded by Dowie that "Resolution adopting plans, specifications, form.cf contract and estimated cost for Triangle Terrace and Suburban Heights Sanitary Sewer Improvement Project, 1978 #1, Contract No. 189", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25554. 73495 - Moved by Dowie, seconded by Getty that proof of publication of Notice to Property Owners on proposed Resolution of Necessity for certain sewer improvement in the City of Waterloo, Iowa, known as Triangle Terrace and Suburban Heights Sanitary Sewer Improvement Project, 1978 #1, Contract No. 189, be received and placed on file. Motion carried. - 2 - MEETING ADJOURNED TO LARGE COURTROOM FOR TRIANGLE TERRACE RESOLUTION OF NECESSITY HEARING. 73496 - The Mayor stated that the Council should proceed with holding the public hearing on the adoption of the Resolution of Necessity for the construction of the Triangle Terrace and Suburban Heights Sanitary Sewer Improvement Project, 1978 #1 (Contract No. 189). He called for objections to the adoption of the proposed Resolu- tion of Necessity, pursuant to notice of the time and place of hearing duly published and mailed, and pursuant to prior action of said Council; and announced to those present at said Council meeting that both written and oral objections would be received and considered by the Council at this time. The Clerk reported written objection was filed by Duke A. Shaulis, 3031 East Shaulis Road to assessment being too high. Mayor Rooff reported to 125 area residents that in addition to the $130,000 committed last summer, an additional $70,000 would be used,making $740,000 construction costs. payable 50% citizens - 50% City; federal government specifies area where federal funds are to be spent. City Engineer Radue stated City assesses all properties back from road 150' to 200'; every developable lot is assessed as it is buildable; properties outside district not assessed as no benefit from assessment; City picking up oversize costs; difference in assessments due to various street restora- tion costs. Mayor Rooff said sewer brought to property line but not hooked up to house; 24 month hook on deadline not strictly enforced unless a health problem. MEETING ADJOUNRED TO COUNCIL CHAMBERS After review all the objections received, the Council found and determined that no remonstrance, pursuant to the provisions of Section 384.51 of the City Code of Iowa, was filed with the Council, pertaining to the proposed improvement as set out in said Resolution of Necessity as originally proposed. Moved by Dowie, seconded by Getty that the above objections be received, placed on file and "Resolution overruling the above objections be received, placed on file and "Resolution overruling the objections to Triangle Terrace and Suburban Heights Sanitary Sewer Improvement Project, 1978 #1, Contract No. 189", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon ap- proval by Mayor, assigned No. 25555. 73497 - Moved by Dowie, seconded by Burton that "Resolution adopting Resolution of Necessity, for the Triangle Terrace and Suburban Heights Sanitary Sewer Improvement Project, 1978 #1, Contract No. 189", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25556. 73498 - The City Engineer reported the bids had been inspected and could be read. Moved by Wilharm, seconded by Bowers that the City Clerk be in- structed to read the bids, which were as follows: Amount Amount of Name and Address of Bidder of Bid Bid Bond Northern Contracting Co., Hopkins, Minn. $635,009.93 5 % William R. Hennessey & Sons, Inc., Cedar Rapids, Ia. $694,662.00 5 % Gjellefald Constructors, Inc., Forest City, Ia. $683,754.15 5 Tri-State Paving, Dubuque, Ia. $829,627.20 5 D. R. Crane, Inc. Ames, Ia.- $685,430.75 5 - 3 - 73498 - (Continued) Motion carried. 73499 - The City Engineer recommended acceptance of the low bid of Nor- thern Contracting Co. of Hopkins, Minn. in the amount of $635,009.93 for Contract No. 189. Moved by Wilharm, seconded by Burton that -the above recommenda- tion of the City Engineer be received, placed on file, and "Resolution making award of contract for Triangle Terrace and Suburban Heights Sanitary Sewer Improvement Project, 1978 #1, Contract No. 189", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25557. 73500 - Moved by Dowie, seconded by Bowers that proof of publication of notice of proposal to dispose of a portion of lot formerly oc- cupied by the old No. 1 Fire Station on East Fifth Street, as published in Waterloo Courier on 1/12/78, with City retention of easement, to a developer selected by the Waterloo City Coun- cil for bid plus costs, be received and placed on file. Motion carried. 73501 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Larry Lehman questioned demolition of building before sale. Two appraisals were $24,000 and $26,000 with City using $25,000 as value. City Clerk reported one bid had been received. Moved by Bowers, seconded by Burton that the one bid, together with 10% deposit, be received, placed on file, Clerk instructed to open same but not read, and referred to Plan and Program Com- mission for checking. Motion carried. 73502 - Upon Plan and Program Commission reporting the bid vas- in order for portion of lot formerly occupied by Old No. 1 Fire Station on East Fifth Street, it was Moved by Wilharm, seconded by Getty that the Clerk be instructed to read same, which was as follows: Amount of Bid Amount of Check The National Bank of Waterloo $26,000 $2,600 Motion carried. 73503 - The Plan and Program Commission recommended the acceptance of the bid of The National Bank of Waterloo in the amount of $26,000.00 for a portion of lot formerly occupied by old No. 1 Fire Station on East Fifth Street. Moved by Dowie, seconded by Wilharm that above recommendation be received, placed on file and "Resolution accepting the bid of The National Bank of Waterloo in the amount of $26,000.00, approv- ing and authorizing the sale and conveyance of a portion of lot formerly occupied by old No. 1 Fire Station on East Fifth Street, as published in Waterloo Courier on 1/12/78, and directing and authorizing the Mayor and Clerk to execute and deliver a deed for said property", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25558. 73504 - Moved by Bowers, seconded by Hutchison that proof of publication of notice of public hearing on proposal to vacate, sell and convey to Harold Mixdorf and Bertha Mixdorf all of Wly 7' of Idaho Street right-of-way located adjacent to Lot 18, Block 12, Hillside Ad- dition, as published in Waterloo Courier on January 12, 1978, for $84.35 plus costs, be received and placed on f ile. Motion carried. January 23, 1978 - 4 - 73505 - This being the time for hearing, the Mayor called for written and oral objections and there were none. Moved by Bowers, seconded by Hutchison that "Ordinance vacating all of Wly 7' of Idaho Street right-of-way located adjacent to Lot 18, Block 12, Hillside Addition", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Roehr. Motion carried. 73506 - Moved by Bowers, seconded by Dowie that the rules requiring ordin- ances to be considered and voted on for passage at two prior meet- ings, 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: Six. Absent: Roehr. Motion carried. 73507 - Moved by Bowers, seconded by Burton that "Ordinance vacating all of Wly 7' of Idaho Street right-of-way located adjacent to Lot 18, Block 12, Hillside Addition", be adopted. Ayes: Six. Absent: Roehr. Ordinance adopted and upon approval by Mayor, assigned No. 2935. 73508 - Moved by Bowers, seconded by Burton that "Resolution authorizing the sale and conveyance of all of Wly 7' of Idaho Street right-of- way located adjacent to Lot 18, Block 12, Hillside Addition,.to Harold Mixdorf and Bertha Mixdorf for $84.35 plus costs, and directing and authorizing the Mayor and City Clerk to execute and deliver a deed for said property", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25559. 73509 - Moved by Dowie, seconded by Hutchison that proof of publication of notice of public hearing to sell Disposal Parcel No. A-19, 137 Center Street, Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, as published in Waterloo Courier on December 22, 1977, to Ronald N. Weber, be received and placed on file. Motion carried. 73510 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Dowie, seconded by Bowers that "A resolution approving the sale of Disposal Parcel No. A-19 in the Westfield -Virden Urban Re- newal Area, Project No. Iowa R-7, and authorizing the execution of the necessary contract for sale of land for private redevelopment and deed", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25560. 73511 - Moved by Dowie, seconded by Getty that proof of publication of notice of public hearing on rezoning from "R-3" Multiple Residence District to "R-4" Multiple Residence District Lots 83 and 84, Southgate Sixth Addition, west of Brockway Road, between West Park Lane and Glencoe Avenue, as published in Waterloo Courier on Jan- uary 6, 1978, upon the request of Young Development Company, upon the recommendation of City Zoning Commission and Council's own motion, be received and placed on file. Motion carried. 73512 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Dowie that "An Ordinance amending Or- dinance No. 2479, as amended, by adding Sub -Section No. 136 to Section 2A-5, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Six. Ab- sent: Roehr. Motion carried. 73513 - Moved by Getty, seconded by Dowie that the rules requiring ordin- ances to be considered and voted on 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: Six. Absent: Roehr, Motion carried. - 5 - __N 73514 - Moved by Getty, seconded by Bowers that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 136 to Section 2A-5, rezoning certain property", be adopted. Ayes: Six. Absent: Roehr. Ordinance adopted and upon approval by Mayor, assigned No. 2936. 73515 - Moved by Bowers, seconded by Getty that proof of publication of notice of public hearing on rezoning from "R-2" One and Two Family Residence District to "C-2" Commercial District parts of Lots 1 and 2, and all Lot 3, Block 7, Hammond and Hopkins Addition, east of East Fourth Street and south of Sumner Avenue, as published in Waterloo Courier on January 6, 1978, upon the request of Roosevelt Roby, Jr., upon recommendation of City Zoning Commission and Coun- cil's own motion, be received and placed on file. Motion carried. 73516 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Hutchison that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 135 to Section 2A-5, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Roehr. Motion carried. 73517 - Moved by Bowers, seconded by Hutchison that the rules requiring ordinances to be considered and voted on 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: Six. Absent: Roehr. Motion carried. 73518 - Moved by Bowers, seconded by Hutchison that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 135 to Section 2A-5, rezoning certain property", be adopted. Ayes: Six. Absent: Roehr. Ordinance adopted and upon approval by Mayor, as- signed No. 2937. 73519 - Moved by Getty, seconded by Wilharm that Mayor Rooff in behalf of Council be instructed to send a telegram to legislators opposing legislation to the bottle bill. Ayes: Getty and Wilharm. Nays: Burton. Abstained: Bowers, Dowie, Hutchison. Absent: Roehr. Motion not carried. 73520 - Mayor Rooff reviewed the Cable T.V. situation. David Dutton, Atty. in behalf of Cox Cable T.V. of Waterloo, Inc., requested their petition be placed on ballot on whatever date the Council sets for special election for Waterloo Cablevision, Inc. Moved by Wilharm, seconded by Bowers that the petition for submis- sion to the voters to grant Cox Cable T.V. of Waterloo, Inc. a cable t.v. franchise and request of said company to be placed on same ballot with chosen Company at February 28, 1978 election, be received and placed on file. Motion carried. 73521 - David Dutton, Atty. for Cox Cable T.V. of Waterloo, Inc., Barton Schweiger, Atty. and Robert Molinaro for Cable Country T.V. asked to be placed on the same ballot as Waterloo Cablevision, Inc. A discussion followed. They protested the Council's choosing Water- loo Cablevision, Inc. Moved by Dowie, seconded by Wilharm that all four companies be placed on the same ballot. Ayes: Dowie, Wilharm. Nays: Bowers, Burton Getty, Hutchison. Absent: Roehr. Motion not carried. 73522 - Robert Molinaro for Cable Country T.V. asked that a special elect- ion be called for March 7, 1978 to submit their proposal to the voters. Moved by Bowers, seconded by Burton that "An Ordinance to grant Waterloo Cablevision, Inc., an Iowa Corporation, its successors and assigns, a 25 year non-exclusive franchise for Cable T.V.", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Roehr. Motion carried. 6 - 73523 - Moved by Wilharm, seconded by Bowers that the rules requiring ordin- ances to be considered and voted on for passage at two prior meet- ings, 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: Six. Absent: Roehr. Motion carried. 73524 - Moved by Bowers, seconded by Burton that "An Ordinance to grant Waterloo Cablevision, Inc., an Iowa Corporation, its successors and assigns, a 25 year non-exclusive franchise for Cable T.V.", be adopted. Ayes: Six.. Absent: Roehr. Ordinance adopted and upon approval by Mayor, assigned No. 2938. 73525 - Moved by Wilharm, seconded by Getty that "Resolution calling and ordering a special election to be held on February 28, 1978 for the purpose of submitting to the voters of the City of Waterloo, Iowa, the proposition of granting Waterloo Cablevision a non-ex- clusi r nchise for Cable T.V.", be adopted. Ayes: Six. Absent: Ro r. Res lution adopted and upon approval by Mayor, assigned N 25561. 73526 - Mayor Rooff asked David Dutton, Atty. if he wanted to set a date, and was told he was not ready, and the Mayor said a special meeting could be called at 12:00 Noon if necessary. Moved by Dowie, seconded by Bowers that "Resolution calling and ordering a special election to be held on March 7, 1978 for the purpose of submitting to the voters of the City of Waterloo, Iowa, the proposition of granting Cable Country T.V. a non-exclusive franchise for Cable T.V.", be adopted. Ayes: Bowers, Burton, Dowie, Hutchison, Wilharm. Nay: Getty. Absent: Roehr. Resolu- tion adopted and upon approval by Mayor, assigned No. 25562. 73527 - Moved by Bowers, seconded by Dowie that request of Edward H. Wil- son, 3375 Inverness Road, for Council on its own motion to rezone from "A-1" Agricultural District to "R -4,R -P" Planned Residence District approximately 10 acres in Section 5 -88N -13W, located west of West Fourth Street and south of Kingswood Addition, as shown on attached plat, for apartment complex purposes, and City Zoning Commission's recommendation for approval, together with a letter from Edward H. Wilson agreeing to deed over 17 feet of property running adjacent to this property along West Fourth Street for additional right-of-way street purposes, be received, placed on file, recommendations approved, date of hearing set as February 13, 1978 at 7:00 P.M. and Clerk instructed to publish notice. Motion carried. 73528 - Moved by Hutchison, seconded by Bowers that communication from Plan and Program Commission, transmitting request of George Keith, Atty. for Lena Strubel Stringer for vacation of a portion of ease- ment on part of Lots 17 and 18, Block 8, Blower's Addition, and recommending vacation of NEly 5' of the 15' easement with City retention of remaining 10' of easement, be received, placed on file, recommendations approved, and "Resolution fixing the time and place of hearing and notice to be given on vacation of a portion of easement on part of Lots 17 and 18, Block 8, Blower's Addition as February 13, 1978 at 7:00 P.M. in the Council Chambers of City Hall and instructing City Clerk to publish the notice of hearing", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. -25563. 73529 - Moved by Bowers, seconded by Burton that request of Community Development Board for Council on its own motion to rezone .from "R-3" Multiple Residence District to "C-2" Commercial District the SEly 60' of Lot 10, Block 2, James Virden's Addition, north of Sycamore Street and east of Thompson Avenue, for automotive service repair shop purposes, as shown on attached plat, and City Zoning Commission's recommendation for approval, be received, placed on file, recommendation approved, date of hearing set as February 13, 1978 at 7:00 P.M. and Clerk instructed to publish notice. Motion carried. ''\ - 7 - 73530 - Moved by Getty, seconded by Dowie that communication from Plan and Program Commission, transmitting request of Gerald Tappan for vacation of Ely 1' of 8' utility easement on Wly lot line of Lot 51, Southland Park Second Addition, and recommending ap- proval, be received, placed on file, recommendations approved, and "Resolution fixing the time and place of hearing and notice to be given on vacation of a portion of easement on Wly lot line of Lot 51, Southland Park Second Addition as February 13, 1978 at 7:00 P.M. in the Council Chambers of City Hall and instruct- ing the City Clerk to publish the notice of hearing", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon ap- proval by Mayor, assigned No. 25564. 73531 - Moved by Burton, seconded by Bowers that the offer of Archie Leon Dabney, Cedar Falls, Iowa, to purchase Disposal Parcel No. I-28, 83 Sycamore Street, in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, for the sum of $775.00 for auto repair shop purchases, and approval report of Community Develop- ment Board, be received, placed on file, "A resolution rescind- ing Resolution No. 24827 adopted October 18, 1976 and rescind- ing Resolution No. 24867 adopted November 22, 1976 and author- izing the sale of Disposal Parcel No. I-28 in the Westfield - Virden Urban Renewal Area, Project No. Iowa R-7", adopted and hearing set for February 27, 1978 at 7:00 P.M. in Council Cham- bers in City Hall. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25565. 73532 - Moved by Dowie, seconded by Hutchison that Finance Director's Report for December, 1977, showing Fund Balance 11/30/77 $13,974,503.00, Receipts $3,661,462.54, Bill Payments $1,277,834.33, Payrolls $1,062.477.71, Transfers $348,286.80, Commissions $559,559.65, Fund Balance 12/31/77 $14,387,807.05, be received, placed on file and approved. Motion carried. 73533 - Moved by Hutchison, seconded by Getty that communication from City Plan and Program Commission, transmitting a site plan for proposed expansion to Reorganized Church of Jesus Christ of Latter Day Saints on Southwest corner of Rainbow Drive and Letsch Road, and recommending approval, and on Council's own motion, be re- ceived, placed on file, approved and date of hearing set as February 13, 1978 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 73534 - Moved by Bowers, seconded by Burton that communication from City Plan and Program Commission, transmitting a site plan for proposed expansion of Airport Terminal Building at Waterloo Municipal Air- port, and recommending approval, and on Council's own motion, be received, placed on file, approved and date of hearing set as February 13, 1978 at 7:00 P.M. in City Hall and Clerk instruct- ed to publish notice. Motion carried. 73535 - Moved by Bowers, seconded by Hutchison that communication from Plan and Program Commission Director, transmitting a Memorandum of Understanding on Primary Road Extension Service with Iowa Department of Transportation, setting out the proposed, long-range responsibility for major streets in the City of Waterloo, be re- ceived, placed on file and "Resolution approving Memorandum of Understanding on Primary Road Extension Service with Iowa Depart- ment of Transportation", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25566. 73536 - Plan and Program Director Franke presented First Amendment to Deed of Dedication and reported his Commission now recommended approval with stipulation that Amendment be added to Deed of Dedication. Moved by Dowie, seconded by Bowers that Final Plat of Schukei Commercial Park with Engineer's Certificate of Survey, Deed of Dedication, Contract and Waivers, Report of City Engineer, Plan and Program Commission's recommendation for Council approval, be received, placed on file and "Resolution approving the Final Plat of Schukei Commercial Park, Waterloo, Black Hawk County, Iowa", adopted, with stipulation that amendment be added to Deed of Dedication. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25567. R 73537 - Moved by Dowie, seconded by Hutchison that Final Plat of Decath- lon Place 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, Mayor and Clerk authorized to execute said Contract, and "Resolu- tion approving the Final Plat of Decathlon Place, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Six. Absent: Roehr. Reso- lution adopted and upon approval by Mayor, assigned No. 25568. 73538 - Moved by Hutchison, seconded by Bowers that Preliminary Plat of Audubon Park First Addition with Deed of Dedication, report of City Engineer, Plan and Program Commission's resolution of approv- al and their recommendation for Council approval, be received, placed on file and "Resolution approving the Preliminary Plat of Audubon Park First Addition, Waterloo, Black Hawk County, Iowa" adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval of Mayor, assigned No. 25569. 73539 - Moved by Bowers, seconded by Dowie that Change Order No. 1 for Sans Souci Bridge Approaches, Paving, Sewers and Incidentals, Contract No. 160, for a time extension to May 30, 1978, and Community Development Board's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Motion carried. 73540 - Moved by Wilharm, seconded by Burton that communication from Community Development Administrator, transmitting an Easement Agreement dated 1/23/78 between Verner D. Nelson, Donna L. Nelson and Rowland K. Sverdahl and the City of Waterloo for Stage V -C of Local Flood Protection Project, and recommending approval, be received, placed on file and "A resolution author- izing the execution of an Easement Agreement with Verner D. Nelson, Donna L. Nelson and Rowland K. Sverdahl 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. 25570. 73541 - Moved by Bowers, seconded by Hutchison that "An Ordinance vacat- ing 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, con- sidered and the rules requiring ordinances to be considered and voted on 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: Six. Absent: Roehr. Motion carried. 73542 - Moved by Getty, seconded by Bowers 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 adopted. Ayes: Six. Absent: Roehr. Ordinance adopted and upon approval by Mayor, assigned No. 2939. 73543 - Moved by Getty, seconded by Dowie that "Resolution, Bills", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted. and upon approval by Mayor, assigned No. 25571. 73544 - Moved by Bowers, seconded by Burton that communication from Superintendent of Streets, reporting retirement of Earl Rice as of January 17, 1978 from Street Department and entitlement to 129.5 hours of sick leave and 130 hours vacation pay, be received, placed on file and "Resolution approving payment of $1,289.92 sick leave and vacation pay to Earl Rice, Retiree of Street Depart- ment", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25572. 73545 - Moved by Dowie, seconded by Hutchison that "Resolution accepting work and ordering preparation of final plat and schedule of assessments for Guernsey's Orange View Sanitary Sewer Improvement Project, 1977, Contract No. 187", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25573. 73546 - Moved by Getty, seconded by Dowie that the Engineer's Final Plat and Schedule of Assessments, etc. for the 1977 Guernsey's Orange View Sanitary Sewer Improvement Project, Contract No. 187, be received and placed on file. Motion carried. 73547 - Moved by Wilharm, seconded by Getty that "Resolution adopting and levying final schedule of assessments, and providing for the pay- ment thereof for Guernsey's Orange View Sanitary Sewer Improvement Project, 1977, Contract No. 187", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 25574. 73548 - Moved by Dowie, seconded by Hutchison that communication from Waterloo Civil Service Commission certifying the following ten (10) persons as eligible for appointment to the Waterloo Fire Department, be received, placed on file and approved: Roger L. Boyd LaVern D. Schrader Randall D. Fox Gregory A. Ferguson Michael R. Kemming Motion carried, Timothy J. Powers Patrick T. Murphy Michael D. Ernst Ricky D. Gesie David G. Barnes 73549 - Moved by Bowers, seconded by Hutchison that the following applica- tions for Beer Permits and Beer and Liquor Licenses, be received, placed on file, approved, and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Permits Class C Osco Drug, Inc. dba Osco Drug Store, 113 Crossroads Center, 2060 Crossroads Boulevard Beer and Liquor Licenses Cl -ass C Wayne Fox dba Fox's Bar, 715 Sycamore Street Dear Old Dad's Inc., 25 East Fifth Street Sunday Sales - Beer Permits - Class C Osco Drug, Inc. dba Osco Drug Store, 113 Crossroads Center, 2060 Crossroads Boulevard Motion carried. 73550 - Moved by Getty, seconded by Wilharm that the following applications for permission to sell cigarettes, be received, placed on file and granted: A.R.A. Services for Control -O -Fax, West Airline Hiway A.R.A. Services for John Deere NE Site Office, University Avenue. Motion carried. 73551 - Moved by Getty, seconded by Hutchison that the following applica- tions for taxicab driver's permits, be received, placed on file and granted: Jeffery Kuehn, 1107 Commercial Street Richard T. Knief, 182 Lehman Circle Debra Ann Lang, 700 Sauthview Drive Motion carried. 73552 - Moved by Bowers, seconded by Getty that report of City Attorney and list of bonds filed with Clerk through 1/23/78, be received, placed on file and report and bonds approved. Motion carried. 73553 - Moved by Hutchison, seconded by Wilharm that the Council adjourn. Motion carried. Katherine Gibbs, January 23, 1978 City Clerk