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Home My WebLink About04/02/79April 2, 1979 The Council of City of Waterloo, Iowa met in Regular Session in Council Chambers in the City Hall at 7:00 P.M., on April 2, 1979. Mayor Pro Tem Roehr in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr, Wilharm. Invocation by Councilman Wilharm. 76006 - Moved by Dowie, seconded by Wilharm that the Agenda, as amended, for the Regular Session of April 2, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 76007 - Moved by Wilharm, seconded by Burton that the minutes of the Regular Session held March 26, 1979 at 7:00 P.M. and the Special Session held March 29, 1979, at 1:00 P.M., be approved. Motion carried. 76008 - Moved by Dowie, seconded by Bowers that proof of publication of notice of bond sale of $33,000 Sewer Improvement Bonds (Special Assessments) for Huntington Road Storm Sewer District Project, Contract No. 95, be received and placed on file. Motion carried. 76009 - The Mayor Pro Tem announced that this being the time and place for the opening of bids for the sale of $33,000 Sewer Improvement Bonds, the meeting was thrown open for the receipt of bids for said bonds, and there were no sealed or open bids. As there were no bids received, it was moved by Burton, seconded by Wilharm that the City Clerk be instructed to contact the bonding attorney for the next procedure. Motion carried. 76010 - Moved by Wilharm, seconded by Dowie 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. 2, Contract No. 170, be received and placed on file. Motion carried. 76011 - Council Member Burton asked why the supplemental paving program ordered under Council Action #75562 of 3/5/79 was not attached to Contract No.170. He was informed a report on whether the City has sold enough bonds to cover contracts #170 and #166 and the supplemental program and a report would be given in two weeks. 76012 - John McIntee, Atty. for the Minority Contractors, stated in a discussion last week the Mayor was sympathic to breaking large contracts into three or four smaller segments, with some streets to be asphaltic, to allow them the opportunity to bid. He asked for a week's delay. City Atty. Hultman reported if there was a change in kind of paving, this would necessitate going back to a hearing on Resolution of Necessity to give the people a chance go object. A discussion followed. Dwayne Eilers said his lot on Shilliam Street was assessed twice what he paid for it and he would let it go back to County. Moved by Bowers, seconded by Penaluna that Contract #170 be tabled for one week. Ayes: Bowers, Burton, Dowie, Getty, Penaluna, Wilharm. Nay: Roehr. Motion carried. 76013 - Council Member Wilharm presented a petition from Jeanne Weilen, et al, for oiling of Palmer Drive. Moved by Wilharm, seconded by Burton that above petition be received, placed on file and referred to City Engineer. Motion carried. 76014 - Dwayne Eilers asked that at Lafayette Street to Hwy. 20 cut off to May- wood, the street be raised. Moved by Getty, seconded by Bowers that the above request be received, placed on file and referred to City Engineer. Motion carried. 76015 - F.Y. 1979 Paving Program No. 2, Contract No. 170, was brought up again. Cedar Valley Corporation requested the bids be opened. Moved by Dowie, seconded by None that F.Y. 1979 Paving Program No. 2, Con- tract be reconsidered at this time, to be settled by end of week. Died for lack of second. 76016 - Moved by Wilharm, seconded by None that the Clerk be instructed to open the bids tonight on F.Y. 1979 Paving Program No. 2, Contract No. 170. Died for lack of second. -2- 76017 2-76017 - Moved by Bowers, seconded by Getty that request of Northwestern Bell Telephone Company, together with IDOT "Application for use of Highway Right of Way for Utilities Accommodation", Form 810025, for storm proof- ing and enlargement of telephone cables along West Airline Hiway from Logan Avenue to Illinois Central Gulf Railroad, as shown on attached plat, and City Engineer's recommendation for approval, be received, placed on file, approved and permission granted, and Mayor authorized to sign said application. Motion carried. 76018 - Moved by Burton, seconded by Bowers that the Quit Claim Deed dated :Y21/79 from United States Postal Service, Washington, D.C. conveying unto the City of Waterloo, Iowa, All of Lots No. 6 thru 10, Block No. 1, Original Plat of West Waterloo, for the sum of $325,000 (old post office building to be converted into new library), be received, placed on file, approved and "Resolution approving and accepting a Quit Claim Deed from United States Postal Service, and directing the recording of same", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26241. 76019 - Moved by Burton, seconded by Getty that "An Ordinance amending the City Advertising and Sign Ordinance, Chapter 3 of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Article II, Billposters, Sec. 3-13; also by repealing Article III, Signs, Sec. 3-32 (a) and (b), Sec. 3-36, Sec. 3-39, Sec. 3-45, Sec. 3-47 (a), and Sec. 3-75; and enacting in lieu thereof new sections, Sec. 3-32 (a) and (b), Sec. 3-33, Sec. 3-36, Sec. 3-39, Sec. 3-45, Sec. 3-47 (a), and Sec. 3-73 (d) and Sec. 3-74 (d), and adding new Article IV thereto", be received, placed on file, consider- ed and passed for the first time. Ayes: Seven. Motion carried. 76020 - Moved by Burton, seconded by Bowers that "An Ordinance amending Ordinance No. 2479, as amended,by adding Sub -Section No. 159 to Section 2A-5, re- zoning certain property", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 76021 - Moved by Dowie, seconded by Burton that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 159 to Section 2A-5, re- zoning certain property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem, assigned Pio. 3017. 76022 - Moved by Dowie, seconded by Getty that "An Ordinance amending Ordinance No. 2479, as amended by adding Sub -Section No. 158 to Section 2A-5, re- zoning certain property", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 76023 - Moved by Burton, seconded by Getty that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 158 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro -Tem, assigni6d_No. 3018. 76024 - Moved by Wilharm, seconded by Bowers that "An Ordinance vacating a portion of Cedar Street lying between SWly r -o -w line of West First Street and NEly r -o -w line of West Mullan Avenue in OPE, with City retention of easement", be received, placed on file, considered and the rules requiring ordinances to be considered and voted on for passage at two prior meetings, 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: Seven. Motion carried. 76025 - Moved by Bowers, seconded by Getty that "An Ordinance vacating a portion of Cedar Street lying between SWly r -o -w line of West First Street and NEly r -o -w line of West Mullan Avenue in OPE, with City retention of ease- ment", be adopted. Ayes: Seven. Ordinance adopted and upon approval of Mayor. Pro Tem, assigned No. 3019. 76026 -Moved by Getty, seconded by Burton that communication from Police Chief, reporting resignation of Officer Michael Perry, effective 4/5/79, and entitlement to 12 days vacation pay, be received, placed on file and "Resolution approving payment of $663.28 vacation pay to Michael Perry, Police Department", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, Fro'Tem,.assigned 'No. 26242. 76027 - Moved by Bowers, seconded by Getty that following request for permission to attend function, with expenses allowed not to exceed amount shown, be April 2, 1979 76027 - (Continued) received, placed on file and approved: Two Inspection Department personnel to Annual Area Home Builders & Lumbermans Conference, Waterloo, Iowa, April 4, 1979, $20.00 Ayes: Seven. Motion carried. 76028 - Moved by Burton, seconded by Bowers that application for 1979-1930 Scav- enger License to expire 5/1/80 from Frank L. Phillips dba Chucks Sanitary Service, Inc., be received,placed on file and granted. Motion carried. 76029 - Irene P. Lentfer, 1122 Sheerer Avenue, and Susan Hoag, 1001 Sheerer Avenue, placed the following complaints against the Billiards Pocket Lounge, Inc. dba The Pocket at 3295 University Avenue: 1 - Inadequate and illegal parking; 2 - Fire hazard; 3 - Minors frequenting premises; 4 - Loud noises; 5 - Profanity ; 6 - Indecent exposure; 7 - Accessing over adjoining private property and creating a general nuisance; 8 - Allegation of misrepresentation. Moved by Wilharm, seconded by Burton that the renewal Class C and Sunday Sales Beer Liquor applications of Billiards Pocket Lounge, Inc. dba The Pocket, 3295 University Avenue, be received, placed on file and denied. Ayes: Bowers, Burton, Roehr, Wilharm. Nays: Dowie, Getty, Penaluna. Motion carried. 76030 - Moved by Bowers, seconded by Wilharm 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 Permit Applications - Class C Wanda Mae Riemcke dba Vernie s Conoco, lst and Jefferson Streets Clute's Highland Market, Inc., 909 Independence Avenue Clute's Super Market, Inc., 1657 Falls Avenue Beer and Liquor License Applications - Class C Nino s of Iowa, Inc., dba Nino's Steak Round -Up, 3551 University Avenue Sunday Sales - Beer Permit Applications Class C Clute Highland Market, Inc., 909 Independence Avenue Clute's Super Market, Inc., 1657 Falls Avenue Sunday Sales - Beer and Liquor License Applications Class C Nino's of Iowa, Inc. dba Nino's Steak Round -Up, 3551 University Avenue Motion carried. 76031 - Moved by Wilharm,seconded by Getty that application of Central States Theatre Corp. dba SkyVue Drive -In, for permission to sell cigarettes at 2230 Independence Avenue, be received, placed on file and granted. Motion carried. 76032 - Moved by Dowie, seconded by Burton that the application of LaDonna Marter dba Porky's Red Carpet Supper Club, 1409 Newell Street, for a dance license, be received, placed on file and granted. Motion carried. 76033 - Moved by Burton, seconded by Getty that the application of Daniel Lee Swinton, 225 Allen Street, for taxicab driver's permit, be received, placed on file and granted. Motion carried. 76034 - Moved by Bowers, seconded by Wilharm that report of City Attorney and list of bonds filed with Clerk through 4/2/79 be received, placed on file and report and bonds approved. Motion carried. 76035 - Cedar Valley requested the number of bids received be recorded for F.Y. 1979 Paving Program No. 2, Contract No. 170. Moved by Burton,seconded by Wilharm that the above request be received, placed on file and Clerk instructed to record three bids were received Motion carried. 76036 - Moved by Bowers, seconded by Burton that the Council adjourn. Motion carried. April 2, 1979 Katherine Gibbs,City Clerk