Loading...
HomeMy WebLinkAbout05/14/79May 14, 1979 The Council of City of WaLerloo, Iowa met in Regular Session in Council Cham- bers in the City Hall at 7:00 P.M., on May 14, 1979. Jack L. Roehr, Mayor Pro Tem in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr. Absent: Wilharm. Invocation by Councilman Getty. 76260 - Moved by Dowie, seconded by Burton that the Agenda, as proposed for the Regular Session of May 14, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 76261 - Moved by Burton, seconded by Bowers that the Minutes of the Regular Session held May 7, 1979 at 7:00 P.M. be approved. Motion carried. 76262 - Moved by Burton, seconded by Getty that proof of publication of notice of public hearing on proposed plans, specifications, form of contract, estimate of cost, etc. for F.Y. 1979 Paving Program No. 1, Contract No. 166, be received and placed on file. Motion carried. 76263 - This being the time and place fixed for a public hearing on the matter of the adoption of plans, specifications, form of contract, and esti- mated cost for the construction of the "Waterloo, Iowa, F.Y. 1979 Paving Program No 1, Contract #166", the Mayor Pro Tem. called for any oral objections to the making of said improvements, or to the adoption of the plans, specifications, form of contract or estimate of cost. No oral objections were offered and the Clerk reported that no written objections thereto had been filed. Moved by Dowie, seconded by Bowers that "Resolution adopting; plans, specifications, form of contract and estimated cost for F.Y. 1979 Paving Program No. 1, Contract #166", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26299. 76264 - The Mayor Pro Tem thereupon announced that a further purpose of the meeting was to receive, open, consider and tabulate bids for the construction of the "Waterloo, Iowa, F.Y. 1979 Paving Program No. 1, Contract #166, in accordance with the plans and specifications now adopted. The Clerk reported 11 bids were rece.ved. Moved by Getty, seconded by Penaluna that the 11 bids be received, placed on file, the Clerk instructed to open same but not read, and referred to Engineers for inspection. Motion carried. 76265 - Moved by Dowie, seconded by Bowers that proof of publication of Notice of Assessment (Weed Cutting or Destroying for the Year 1978) in the City of Waterloo,Iowa, as published in Waterloo Courier on 4/27/79, be received and placed on file. Motion carried. 76266 - This being the time for hearing, the Mayor Pro Tem called for oral and written objections, and there were none. Moved by Bowers, seconded by Burton that "Resolution making assessments for cutting and destruction of weeds, etc. in the City of Waterloo, Iowa, for 197", be adopted. Ayes: Six. Absent: Wilharm. Resolu- tion adopted and upon approval by Mayor Pro Tem, assigned No. 26300. 76267 - Moved by Bowers, seconded by Getty that proof of publication of notice ofpublic hearing on rezoning from "A-1" Agricultural District to "R-2" tine and Two Family Residence District approximately 20 acres in Section 29-891-13W, Located west of Fleur Drive and south of Sager Av_tiue, as published in Waterloo Courier on 4/27/79, upon the request of Waterloo City Zoning Commission, upon their recommendation and on Council s OWn motion, be received and placed on file. Motion carried. 76268 - This beii± the t -M6 for hearing, the Mayor Pro Tem called for oral and �tirrfenj6d�ioh§j and there were none. Moo@d by bd�ie; §aeonded by Burton that "An Ordinance amending Ordin- aTiER Rd. 24M d§ ditWilded, by adding Sub -Section No. 163 to Section 2_4-�; f@�i8Hli#g 6@ftditi property", be received, placed on file, con- ki�di@d *nd pessed for the first time. Ayes: Six. Absent: Wilharm. Motion carried. 76269 - Moved by Getty, seconded by Burton that proof of publication of notice of public hearing on conditional zone in a "R-2" One and Two Family Residence District for period not to exceed 4 years, the N 80' of Lot 1, in Plat of Subdivision of Block 3, North Addition, at intersection --� -2- 76269 2- 76269 - (Continued) of Manson Street and Newell Street, as published in Waterloo Courier on 4/27/79, upon the request of Waterloo -Cedar Falls Board of Real- tors for Neighborhood Housing Services, upon.recommendation of City Zoning Commission and on Council's own motion; be received and placed on file. Motion carried. 76270 - This being the time for hearing, the Mayor Pro Tem called for oral and written objections, and there were none. Moved by Bowers, seconded by Getty that "An Ordinance amending Ordin- anke No. 2479, as amended, by adding Sub -Section No. 162 to Section 2A-5, conditional zoning certain property", be received placed on file, considered and passed for the first time. Ayes: Six. Absent: Wilharm. Motion carried. 76271 - Moved by Burton, seconded by 'Getty 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: Wilharm. Motion carried. 76272 - Moved by Getty, seconded by Bowers that "An Ordinance amending Ordin- ance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 162 to Section 2A-5, conditional zoning certain property", be adopted. Ayes: Six. Absent: Wilharm. Ordinance adopted and upon approval by Mayor . Pro Tern, a§9igri6d '1Uo . 3023 . 76273 - Moved by Burton, seconded by Dowie that a Conditional Zoning Agreement dated 5/14/79 between Waterloo -Cedar Falls Board of Realtors (lessor), Neighborhood Housing Services of Waterloo, Inc. (lessee) and City of Waterloo, be received, placed on file and "Resolution approving a Conditional Zoning Agreement for 402 Newell Street and authorizing execution of same", adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26301. 76274 - Moved by Dowie, seconded by Penaluna that proof of publication of notice of public hearing on rezoning from "A-1" Agricultural District and "R-4'' Multiple Family Residence District to "C-2" Commercial Dis- trict approximately 2 acres in part of Section 2 -88N -13W located SW of Sears Street and N of Hwy. 412, as published in Waterloo Courier on 4/27/79, upon the request of G.P. Schoenfelder, City Zoning Com- mission's recommendation and on Council's own motion, be received and placed on file. Motion carried. 76275 - This being the time for hearing, the Mayor Pro Tem called for oral and written objections, and there were none. Moved by Bowers, seconded by Getty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 161 to Section 2A-5, rezoning certain property", be received, placed on file, con- sidered and passed for the first time. Ayes: Six. Absent: Wilharm. Motion carried. 76276 - Asst. Planning Director Temeyer presented a letter from Jon Fister, Atty. on behalf of G.P. Schoenfelder, dated 5/9/79, volunteering to pay the difference in cost between the current price of existing signals and new signals to be purchased for installation at the intersection of Penney's Drive and Highway 412 and to discuss some contribution to reconstruction of intersection and installation of new signals at such time as plans are finalized, and costs determined. Moved by Getty, seconded by Dowie that the above letter agreeing to share in the costs of said improvements, be received and placed on file. Motion carried. 76277 - Moved by Dowie, seconded by Burton that proof of publication of notice of public hearing on site plan for Crossroads Theatre, 2450 Crossroads Boulevard, a "S-1" Shopping Center District, upon recommendation of Plan and Program Commission and on Council's own motion, as published in Waterloo Courier on 4/27/79, be received and placed on file. Motion carried. May 14, 1979 -3- "4N ,,•N ~76278 - This being the t.,e for hearing, the Mayor o Tem called,for oral and written objections, and there were none. Moved by Penaluna, seconded by Getty that "Resolution approving the site plan for Crossroads Theatre, 2450 Crossroads Boulevard", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26302. 76279 - Mayor Pro Tem Roehr welcomed Sun Ray Neighborhood Junior Troop No. 428 from Francis Grout School. 76280 - Moved by Dowie, seconded by Burton that request from First Federal Savings & Loan Association, 408 East Fourth Street, for permission to construct two commercial drive entrances on East Fourth Street, 29' and 19' wide, as shown on attached plat, and City Engineer's recommend- ation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and premission granted in accordance therewith. Motion carried. 76281 - Moved by Getty, seconded by Dowie that request from Langlas & Associates for permission to construct one 24 foot commercial curb cut to serve 3443, 3463, 3451 and 3471 Kingswood Place, as shown on attached plat, and City Engineer's recommendation for approval subject to the pro- visions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carded 76282 - Moved by Penaluna, seconded by Getty that request of Quik -Trip Corpor- ation for permission to construct a temporary concrete driveway at 117 East San Marnan Drive 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 Quik - Trip Corporation and authorizing construction of a temporary concrete driveway at 117 East San Marnan Drive, irrespective of a later official grade", adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval of Mayor Pro Tem, assigned No. 26303. 76283 - Moved by Dowie, seconded by Burton that communication from Quintin T. Parker, Sign and Traffic Maintenance Department, reporting on petition of Joe Wagner, 2617 Lafayette Street, et al, for traffic control in- stallation of Lafayette Street and Nevada Street, or at Lafayette Street and Adrian Street, referred to him under Council Action #76204 of 5/7/79, and recommending no change in the present traffic control signs, be received, placed on file and request denied. Motion carried. 76284 - Moved by Burton, seconded by Bowers that Community Development Board minutes for regular meeting held April 10, 1979, be received, placed on file and approved. Motion carried. 76285 - Moved by Bowers, seconded by Penaluna that Finance Director's Statement_ for April, 1979, showing Fund Balance 4/1/79 $18,433,361.39, + Receipts $5,592,600.15, - Bill Payments $1,065,970.40, - Payrolls $734,150.33, - Transfers $903,088.90, - Commissions $747,568.09, Fund Balance 4/30/79 $20,575,183.82, be received, placed on file and approved. Motion carried 76286 - Moved by Getty, seconded by Dowie that Engineering Agreement effective from 1/1/79 thru 12/31/79 with Wayne Claassen Engineering and Surveying, Inc. for general engineering services, and City Engineer's recommenda- tion for approval, be received, placed on file and "Resolution approv- ing the Engineering Agreement with Wayne Claassen Engineering and Surveying, Inc. for general engineering services, and directing and authorizing execution of said Agreement by Mayor and City Clerk" adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26304. 76287 - Asst. Planning Director Temeyer reported that sump pumps not connected to the sanitary sewer system were being required in Jane Second Addition. Moved by Bowers, seconded by Dowie that Final Plat of Jane Second Addi- tion, Engineer's Certificate of Survey, Deed of Dedication, Contract and �Iaivers, report of City Engineer, Plan and Program Commission's resolution of approval and recommendation for Council approval, be received, placed on file and "Resolution approving the Final Plat of Jane Second Addition, Waterloo, Black Hawk County, Iowa", adopted and TZayor and Clerk authorized and directed to execute said Contract. Ayes: Bowers, Dowie, Getty, Penaluna, Roehr. Nay: Burton. Absent: Wilharm. May 14, 1979 76287 - (Continued) Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26305. 76288 - Moved by Penaluna, seconded by Getty that "An Ordinance amending Chapter 2, Code of Ordinances, City of Waterloo, Iowa, by adding thereto new Subsection (d) of Section 2-16 authorizing Council Meetings at desig-. nated places other than the Council Chambers in Waterloo City Hall", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Wilharm. Motion carried. 76289 - Moved by Getty, seconded by Burton 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 third time,and now placed on its final adoption. Ayes: Six. Absent: Wilharm. Motion carried. 76290 - Moved by Burton, seconded by Dowie that "An Ordinance amending Chapter 2, Code of Ordinances, City of Waterloo, Iowa, by adding thereto new Subsection (d) of Section 2-16 authorizing Council Meetings at desig- nated places'. other than the Council Chambers in Waterloo City Hall", be adopted. Ayes: Six. Absent: Wilharm. Ordinance adopted and upon approval by Mayor Pro Tem, assigned No. 3024. 76291 - Moved by Getty, seconded by Penalun-a that "An Ordinance amending Ordin- ance No. 2644, known as the Traffic Ordinance, by adding new Subsectiors (44a) Hilltop Road, (90b) Sixth Street (West), and (90c) South Hills Drive to Section 543, Thru Streets; by repealing Subsection (35) Sixth Street (West) of Section 545, Yield Streets; by repealing Subsection (84) Euclid Avenue of Section 551, Parking Prohibited At All Times On Certain Streets; by adding new Subsections (21a) Bellaire Road, (46a) Colby Road, (84) Euclid Avenue, (95b) Flower Street, (158b) Lawnhill Avenue, (176a) Lynda Road, (202a) Nancy Drive, (202b) National Drive, and (293a) Wendy Drive to Section 551, Parking Prohibited At All Times On Certain Streets; and by adding new Section 570, Buses Only", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Wilharm. Motion carried. 76292 - Moved by Dowie, seconded by Getty that "Resolution providing for the issuance of $33,000.00 Sewer Improvement Bonds (Huntington Road Storm Sewer District Improvement Project, 1977)", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26306. 76293 - Moved by Bowers, seconded by Penaluna that statement for Contract No. 166, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 5/8/79 from Schenk Engineering Company for engineering services for F.Y. 1979 Paving Program I, Contract No. 166", adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26307. 76294 - Moved by Getty, seconded by Bowers that statement for Contract No. 170, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 5/8/79 from Schenk Engineering Company for engineering services for F.Y. 1979 Paving Program II, Contract No. 170", adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26308. 76295 - Moved by Getty, seconded by Dowie that "Resolution Bills, Schedule A" be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26309. 76296 - Moved by Getty, seconded by Dowie that "Resolution Bills, Schedule B" be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26310. 76297 - Moved by Getty, seconded by Dowie that communication from Plan and Pro- gram Director, requesting permission to discuss a grade problem in obtaining the last necessary easement for Westbourne Road reconstruc- tion from Norbert Rett-erath, and listing two settlement options to May 14, 1979 -5- N 76297 - (Continued) either of which said property owner would ask that the City give him its Torritten agreement, be received, placed on file and permission for discussion granted. Motion carried. 76298 - Plan and Program Director Franke reported the Retterath home was the last to be built in the area; reconstruction of Westbourne Road would leave a significant, unliveable grade; Mr. Retterath was willing to negotiate and most interested in option 42; and presented a letter from the property owner. Discussed was grade, cost of relocation, cash settlement equivalent to Realtor's commission of 7% for sale and 7% for purchase, actual cost, etc. Norbert Retterath stated he was interested in a reasonable fair settlement and was not out to make a killing, also, he didn't want the Council to make a commitment which it couldn't live with and he would sign the paper, upon a fair settlement. Moved by Penaluna, seconded by Getty that the letter from Norbert A. Retterath be received and placed on file with the intent that some kind of reasonable restitution will be given Mr. Retterath somewhere down the line. Ayes: Burton, Dowie, Getty, Penaluna, Roehr. Nay: Bowers. Absent: Wilharm. Motion carried. 76299 - Moved by Burton, seconded by Dowie that communication from Plan and Program Commission, transmitting request of City Engineer for name change to Linbud Lane a portion of Alabar Avenue in the north -south link, and recommending approval, be received, placed on file, approved and City Attorney instructed to submit an ordinance accordingly. Moticn carried. 76300 - Moved by Getty, seconded by Penaluna that communication from City Engineer requesting approval of a one-time fee of $400 for Chicago and North Western Transportation Company supplement to a 1977 agreement to construct and maintain a sanitary sewer across railroad right-of-way for an annual $50 license fee, be received, placed on file, approved, "Resolution authorizing and directing the Mayor to execute a Supplement Agreement with Chicago and North Western Transportation Company for a one-time fee of $400", adopted and City Engineer instructed to proceed accordingly. Ayes: Six. Absent:Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26311. 76301 - Moved by Bowers, seconded by Getty that communication from City Engineer reporting resignation of Ramona Leland, effective 5/11/79 and entitle- ment to 75% of 50% of 2112 hours sick leave and 62 days vacation pay, be received, placed on file and "Resolution approving payment of $611.91 sick leave and vacation pay to Ramona Leland, Resignee of Engineering Deparrmert adopted Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26312. 76302 - Moved by Dowie, seconded by Burton that the City Engineer be instructed and authorized to prepare plats, schedule of assessments, estimated cost, etc. for F.Y. 1979 Oiling Program, Contract No. 1. Motion carried 76303 - Moved by Bowers, seconded by Getty that the City Engineer's preliminary plats, schedule of assessments, estimate of cost, etc. for the F.Y. 1979 Oiling Program, Contract No. 1, be received, placed on file and "Reso- lution adopting preliminary plat and schedule, estimate of cost, etc. for F.Y. 1979 Oiling Program, Contract No. 1", adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval of Mayor Pro Tem, assigned No. 26313. 76304 - Moved by Penaluna, seconded by Dowie that (Proposed) Resolution of Necessity for"F.Y. 1979 Oiling Program, Contract No. 1", be adopted and date of hearing set as June 4, 1979 at 7:00 P.M. in the Council Chambers in City Hall. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26314. 76305 - Moved by Getty, seconded by Dowie that following request for permission to attend a function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: May 14, 1979 76305 - (Continued) Electrical Inspector to Iowa Chapter Western Section International Association of Electrical Inspectors Meeting, Waterloo, May 16, 17, 18, 1979, $35.00. Ayes: Six. Absent: Wilharm. Motion carried. 76306 - The Engineers reported the bids for F.Y. 1979 Paving Program No. 1, Contract No. 166, were in order and could be read. Moved by Getty, seconded by Dowie that the Clerk be instructed to read the bids, which were as follows, and same referred to Engineers for checking: Amount Name of Bidder of Bid Bid Bond Section I Hurst Excavating, Inc., Waterloo $291,330.00 10% Assink Bros., Inc., Cedar Falls $295,133.55 5% Watco Construction, Inc., Waterloo $315,909.65 5% Section II Irving F. Jensen Co., Inc., Sioux City $380,696.25 5% Cedar Valley Corporation, Waterloo $398,427.50 10% Cedar Falls Construction Company, Inc. Cedar Falls $384,407.50 5`/0 Section III Aspro, Inc., Waterloo $ 98,965.00 5% Rohlin Construction Co. Inc., Waterloo $105,281.70 - Section IV Assink Bros., Inc. Cedar Falls $ 66,340.00 5% Cedar Valley Corporation, Waterloo $ 78,300.00 10% Motion carried. 76307 - Discussed was awarding contracts to local contractors even if not low bid but it was pointed out the Code of Iowa states contract for public improvements must be awarded to lowest responsible bidder, and an opinion was to be secured from the bonding attorney for future use; also, that no one part of a program can be left out. Nick Greco asked for a reduction in assessments as bids were under estimated cost. The Engineers, having checked the bids for F.Y. 1979 Paving Program No. 1, Contract #166, reported the lowest bids received were as follows: Section I - Hurst Excavating, Inc. $291,330.00 Section II - Irving F. Jensen Co., Inc., Sioux City $380,696.25 Section III - Aspro, Inc., Waterloo $ 98,965.00 Section IV - Assink Bros, Inc, Cedar Falls $ 66,340.00 Moved by Burton, seconded by Bowers that "Resolution making award of contracts for F.Y. 1979 Paving Program No. 1, Contract No. 166", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26315. 76308 - Moved by Getty, seconded by Dowie that the bid of Joe The Plumber for Section I of F.Y. 1979 Program No. 1, Contract No. 166, be rejected and returned as Not complete bid, No Affirmative Action Program and No bid bond. Motion carried. 76309 - Moved by Penaluna , seconded by Dowie that City Engineer be instructed to notify Joe The Plumber of the correct procedure to follow so in the future he can comply. Motion carried. 76310 - City Engineer Anderson reported the closest wa::te collection and treat- ment system to George Wyth State Park was Waterloo, the City could handle this without a problem, and this would be no different than any other city or entity. May 14, 1979 -7- 76310 7-76310 - (Continued) Moved by Getty, seconded by Dowie that Iowa Department of Environmental Quality Treatment Agreement, Form C 9/75, between the City of Waterloo and Iowa Conservation Commission for additional sanitary sewerage Facilities in George Wyth State Park and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving Iowa Department of Environmental Quality Treatment Agreement, Form C 9/7_` for additional sanitary sewerage facilities in George Wyth State Park", adopted, and Mayor and City Clerk directed and authorized to execute said Agreement. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26316. 76311 - Moved by Getty, seconded by Bowers that following application and bond for auto salvage yard license, be received, tilaced on file and granted subject to requirements of ordinance governing same: William T. Colwell dba Waterloo Auto Parts, 1501 Grandview Avenue Motion carried. 76312 - F.M. "Kelly" VanEe pointed out an objection petition with 106 names was on file, the signers surrounded the junk yard and they did not want it as they were having trouble with skunks, truck traffic, dust, devalu- ation of property, and felt the Council should not have to make a decision to license B. Schultz Co. junk yard at 1406 David Street but it should be up to the Courts. Discussed was animals coming from land on other side of junk yard,letter on file form W. Louis Beecher, Atty. for B. Schultz Co. containing stipulations: Health/Sanitation Department not able to make documenta- tion on animals, etc. Atty. Beecher stated B. Schultz Co. would comply with fence, trees, height of piles; that City was being urged to use licensing power for zoning power; there was a serious question as to whether "Company needed a license, this was zoned M-2 Heavy Manufactur- ing District; Company moved out there on suggestion of George Griebenow, then Urban Renewal Administrator, to help improve the City; and that Council should look to whether it was zoned correctly and if Company qualifies for license, and to the then City Attorney' Smith's opinion that Council should issue license. Pauline VanEe protested and Steve Schultz spoke in support. Moved by Getty, seconded by Burton that following application for junk dealer's license at location designated, be received, placed on file and denied. Ayes: Burton, Getty. Plays: Bowers, Dowie, Penaluna, Roehr. Absent: Wilharm. Motion not carried. 76313 - Moved by Dowie, seconded by Bowers that the application of B. Schultz Co. for junk dealer's license at 1406 David Street, be approved. Ayes: Bowers, Dowie, Getty, Penaluna, Roehr. Nay: Burton. Absent: Wilharm. Motion carried. 76314 - Moved by Getty, seconded by Bowers that Council Action #74182 of 5/8/70-,-- revoking /8/70revoking permit for B. Schultz Co. to operate at 1409 David Street and directing notification to said Company they remove all materials from the site by June 1, 1979, etc. be rescinded. Ayes: Bowers, Dowie, Getty, Penaluna, Roehr. Nay: Burton. Absent: Wilharm.,?lotion carried. 76315 - Moved by Dowie, seconded by Burton that application of Crossroads Center Merchants' Association for permission to stage a fireworks display at field south of J.C. Penney parking lot on May 18, 1979 with alternate date of May 25, 1979 in case of inclement weather, be received, placed on file and permission granted. Motion carried. 76316 - Moved by Bowers, seconded by Dowie 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 Dwayne R.R. Eilers dba Eilers Gas Station, 2243 Independence Avenue Beer Liquor - Class C is ard D. Schuler da El Toro Lounge, Inc., 3005 University Avenue Sunday Sales - Beer - Class C Wayne R.R. Eilers dba Ei ers Gas Station, 2243 Independence Avenue Motion carried. May 14, 1979 -1-1 -8- -"k. 76317 - Moved by Penaluna, seconded by Bowers that the applications of Rigel, Ltd. dba Godfather's Pizza, 1946 Schukei Road, for Beer Liquor Class C and Sunday Sales Licenses, be received, placed on file, approved subject to approval of various City Inspectors, and endorsed applica- tions forwarded to the Iowa Beer & Liquor Control Department. Motion carried. 76318 - Moved by Penaluna, seconded by Getty that following applications for cigarette permits at the locations designated, be received, placed on file and granted: Inn Touch Lounge, 1445 Sycamore Street Standard Vending Co. and Sirloin Stockade, 2000 East Ridgeway Avenue Motion carried. 76319 - Moved by Penaluna, seconded by Getty that application of Sally Fleming dba Welcome Inn, 901 Sycamore Street, for a dance licenes, be received, placed on file and granted. Motion carried. 76320 - Moved by Getty, seconded by Burton that report of City Attorney and list of bonds filed with Clerk through 5/14/79 be received, placed on file and report and bonds approved. Motion carried. 76321 - Mayor Pro Tem Roehr reported the Corner Pocket Billiard Lounge Beer and Liquor License application, which was denied by the Council, was referred back to the City for a hearing by the Iowa Beer and Liquor Control Commission and the applicant would be given plenty of notice as to the date and time of the hearing. City Attorney Hultman stated this was a new procedure and a research would be made as to notices, etc. 76322 - Moved by Bowers, seconded by Getty that the Council adjourn. Motion carried. May 14, 1979 Katherine Gibbs, City Clerk