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HomeMy WebLinkAbout01/02/79A` January 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 January 2, 1979. Mayor Rooff in the Chair. On roll call, Present: Burton, Dowie, Getty Wilharm. Absent: Bowers, Hutchison, Roehr. Invocation by Councilman Getty. 75570 - Moved by Dowie, seconded by Getty that the Agenda, as amended, for the Regular Session of January 2, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 75571 - Moved by Burton, seconded by Wilharm that the Minutes of the Regular Session held December 26, 1978 at 7:00 P.M., be approved. Motion carried. 75572 - Moved by Wilharm,seconded by Burton that proof of publication of notice of public hearing on rezoning from "M-1" Light Industrial District to "R-2" One and Two Family Residence District, Lots 16, 17 and 18, Block 8, Blowers Addition, north of Blowers Avenue and east of Milton Street, as published in Waterloo Courier on 12/15/,78, upon the request of Bruce Newell, upon the recommendation of City Zoning Commission and Council's own motion, be received and placed on file. Motion carried. 75573 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Getty, seconded by Dowie that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 153 to Section 2A-5, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Bowers, Hutchison, Roehr. Motion carried. 75574 - Moved by Wilharm, seconded by Burton that proof of publication of notice of public hearing on proposal to vacate, sell and convey to Larry L. and Ila J. Owens, to Wayne R. and Dorothy M. Billman, to George V. Eighmey and to John D. and Maxine J. Scharfenberg an alley legally descri':)ed as N 8' of Lots 1, 2, 3, 4, and 5, Weishaar's Addition, with City's retention of easement, as published in Waterloo Courier on 12/22/78, for $0.10 per sq. ft. plus costs (Owens $51.20; Billman $80.72; Eighmey $40.00; Scharfengerg $40.00), be received and placed on file. Motion carried. 75575 - This being the time for hearing, the Mayor called for written and oral objections and there were none. Plan and Program Director Franke stated a question had been raised on the description and time was needed for checking. Moved by Dowie, seconded by Wilharm that this hearing be, and the same is, hereby adjourned to January 8, 1979 at 7:00 P.M. in the Council Chambers in City Hall, at which time and place an ordinance vacating an alley legally described as.N 8' of Lots 1, 2, 3, 4 and 5 of Weishaar's Addition with City's retention of easement and a resolution authorizing sale and conveyance of same, shall be presented for consideration. Motion carried. 75576 - Moved by Getty, seconded by Wilharm that request from Robert Braun, Atty. for Keller -Apex Investment Company to vacate the South 3' of the 8' drainage and utility easement along the North lot lines of Lots 1, 5 and 8, Regency Acres, and Plan and Program Commission's recommendation for approval, be received, placed on file and "Resolution fixing the time and place of hearing and notice to be given on vacation of South 3' of the 8' drainage and utility easement along the North lot lines of Lots 1, 5 and 8, Regency Acres, as January 22, 1979 at 7:00 P.M. in the Council Chambers in City Hall and Clerk to publish notice of hearing", adopted. Ayes.: Four. Absent: Bowers, Hutchison, Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26132. 75577 - Moved by Getty, seconded by Dowie that request from Robert Braun, Atty. for Keller -Apex Investment Company, for vacation of 20' building setback line located within Lots 5, 6, 8 and 9, Regency Acres, and Plan and Program Commission's recommendation for approval, be received, placed on file and "Resolution fixing the time and place of hearing and notice to be given on vacation of a 20' building setback line within Lots 5, 6, 8 and 9, Regency Acres, as January 22, 1979 at 7:00 P.M. in the Council Chambers in City Hall and Clerk to publish notice of hearing", adopted. Ayes: Four. Absent: Bowers, Hutchison, Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26133. -2- 75578 - Moved by Dowie, seconded by Getty that Contract, Bond and Certificate of Insurance for Contract No. 100, in the amount of $86,480, be received, placed on file and "Resolution approving Contract, Bond and Certificate of Insurance of Dale J. Clark Contracting Company, Waterloo, Iowa, for Martin Road and Cedar Terrace Drive Drainage Structure Improvements, Con- tract No. 100", adopted. Ayes: Four. Absent: Bowers, Hutchison, Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26134. 75579 - Under Council Action #75565 of 12/26/78, no action was taken on the appointment of Michael D. Ernst to the Waterloo Fire Department. Moved.by Getty, seconded by Dowie that communication from Fire Chief, re- questing Council approval of the following appointment to the Waterloo Fire Department, be received, placed on file and approved, effective retroactive to October 4, 1978: Motion carried. Michael D. Ernst 75580 — Moved by Dowie, seconded by Wilharm that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 152 to Section 2A-5, re- zoning certain property", be received, placed on file, considered and passed for the third time. Ayes: Four. Absent: Bowers, Hutchison, Roehr. Motion carried. 75581 - Moved by Wilharm, seconded by Getty that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 152 to Section 2A-5, re- zoning certain property", be adopted. Ayes: Four. Absent: Bowers, Hutchison, Roehr. Ordinance adopted and upon approval by Mayor, assigned No. 3005. 75582 - Moved by Getty, seconded by Wilharm that communication from City Engineer, transmitting Iowa Department of Transportation Form 830435, Certificate of Completion and Final Acceptance of Work, and Form 830436 Final Pay- ment, for City's reimbursement from IDOT in the amount of $111,022.03 for U.S. Highway 218 Resurfacing Program, Contract No. 156, Project No. FN - 218 -7(34)-21-07, DOT Agreement No. 76-U-011, and recommending approval, be received, placed on file and "Resolution approving IDOT Certificate of Completion and Final Acceptance of Work and IDOT Final Payment for City's reimbursement of $111,022.03 for U.S. Highway 218 Resurfacing Program, Contract No. 156, and authorizing Mayor to execute same", be adopted. Ayes: Four. Absent: Bowers, Hutchison, Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26135. 15583 - Moved by Wilharm, seconded by Dowie that City Engineer's Certificate of Completion and Recommendation of Acceptance, Breakdown of Costs, etc., for F.Y. 1978 Oiling Program I, be received and placed on file. Motion carried. 75584 - Moved by Wilharm, seconded by Burton that "Resolution accepting work and ordering preparation of plat and schedule of assessments for the F.Y. 1978 Oiling Program I", be adopted. Ayes: Four. Absent: Bowers, Hutchison, Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26136. •75585 - Moved by Wilharm, seconded by Getty that following applications for Beer Permits, be received, placed on file, approved and endorsed applications yrs forwarded to the Iowa Beer and Liquor Control Department: Beer Class C Adams, Inc. 1010 Mitchell Avenue QuikTrip Corporation dba QuikTrip #512, 334 East Ridgeway Avenue Sunday Sales - Beer - Class C Adams, Inc., 1010 Mitche 1 Avenue QuikTrip Corporation dba QuikTrip #512, 334 East Ridgeway Avenue Motion carried. 75586 - Moved by Wilharm, seconded by Dowie that report of City Attorney and list on bonds filed with Clerk through 1/2/79 be received, placed on file and report and bonds approved. Motion carried. 75587 - Mayor Rooff stated several months ago Rath Packing Company was told not to worry about payment at that time of the sewage disposal fee due monthly, and which has not been paid as yet, but the City Attorney has now advised him that the deliquent amounts should be filed with the County Auditor as a lien. January 2, 1979