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HomeMy WebLinkAbout09/27/1976September 27, 1976 The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham- bers in City Hall at 7:00 P.M. on September 27, 1976. Mayor Rooff in the Chair. On roll call, Present: Dowie, Geiger, Getty, Lichty, Roehr, Wilhaztu. Absent: Bowers. Invocation by Councilman Getty. 70763 - Moved by Dowie, seconded by Roehr that the Agenda, as amended, for the Regular Session of September 27, 1976 at 7:00 P.M., be accepted and approved. Motion carried. 70764 - Moved by Roehr, seconded by Wilharm that the Minutes of the Regular Ses- sion held September 20, 1976 at 7:00 P.M., be approved. Motion carried. 70765 - Mayor Rooff recognized ten Students of the Allen School of Nursing who were in attendance, 70766 - Moved by Roehr, seconded by Getty that proof of publication of notice of public hearing on plans, specifications, proposed form of contract, etc. for the Westfield -Virden Urban Renewal Project for construction of East Park Avenue Area Street Improvements, Sewers and Incidentals, Contract No. 159, and the Taking of Bids for Said Improvements, be re- ceived and placed on file. Motion carried. 70767 - The Mayor called for oral and written objections and there were none. Moved by Geiger, seconded by Lichty that "Resolution confirming the approval of plans, specifications, etc. for the East Park Avenue Area Street Improvements, Sewers & Incidentals, Contract No. 159", be a- dopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24781. 70768 - Moved by Dowie, seconded by Geiger that "Resolution ordering the con- struction of East Park Avenue Area Street Improvements, Sewers and Incidentals, Contract No. 159", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24782. 70769 - Moved by Getty, seconded by Lichty that proof of publication of notice to contractors or invitations for bids for construction of East Park Avenue Area Street Improvements, Sewers and Incidentals, Contract No, 159, be received and placed on file. Motion carried. 70770 - Moved by Roehr, seconded by Lichty that the following bids be received, placed on file, Clerk instructed to open same, and bids referred to the Engineers for checking and report back: Name of Bidder Bid Bond Amount of Bid Cedar Falls Construction Co., Inc. Base $ 850,464.93 Cedar Falls, Iowa 107 Alt. $ 812,185.53 Irving F, Jensen Co., Inc. Base $ 849,262,18 Sioux City, Iowa 10% Alt. $ 814,900.18 Cedar Valley Corporation Base $ 839,969.85 Waterloo, Iowa 107 Alt. $ 805,607.85 Motion carried. 70771 - Moved by Roehr, seconded by Wilharm that proof of publication of notice of public hearing on rezoning, upon the request of John Walker, Jr., Atty. for Larry Moehl, upon recommendation of City Zoning Commission and Council's own motion, to rezone from "R-1" One and Two Family Res- idence District to "C-2" Commercial District a portion of Section 2 -89N - 13W, approximately two acres, on West side of Logan Avenue (U.S. High- way #63) and about 500' North of West Airline Highway, as published in Waterloo Courier on September 9 and 16, 1976. Motion carried. 70772 - The Mayor called for oral and written objections and there were none. John Walker, Jr., Atty. stated the owner wanted to improve the property by putting up a better structure, the current use was a used car lot and there was no plan for change. Moved by Wilharm, seconded by Roehr that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 101 to Section 2A-5, rezoning certain property", be received, placed on file, consid- ered and passed for the first time. Ayes: Six. Absent: Bowers. Motion carried. - 2 - 70773 - Moved by Dowie, seconded by Geiger that proof of publication of notice of public hearing on rezoning, upon the request of St. Francis Hospital Board of Trustees and Franciscan Sisters, upon recommendation of City Zoning Commission and Council's own motion, to rezone from "R-3" Mul- tiple Residence District to "R-4" Multiple Residence District a portion of Section 3 -88N -13W, approximately two acres, on North side of East San Marnan Drive and 200' East of West Ninth Street, as published in Waterloo Courier on September 9 and 16, 1976, Motion carried. 70774 - The Mayor called for oral and written objections and there were none. Moved by Roehr, seconded by Dowie that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 102 to Section 2A-5, re- zoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Bowers. Motion car- ried. 70775 - Moved by Roehr, seconded by Dowie that the rules requiring ordinances to be received and placed on file 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: Bowers. Motion carried. 70776 - Moved by Dowie, seconded by Roehr that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 102 to Section 2A-5, rezoning certain property", be adopted. Ayes: Six. Absent: Bowers. Ordinance adopted and upon approval by Mayor, assigned No. 2842. 70777 - Keith Shepard of Black Hawk Kennels protested the approval of an Agree- ment with the Waterloo Humane Society, insisting the boarding of dogs and cats should be put up for public hearing. Ron Kittrell, President of said Society, responded the city, according to the Code of Iowa, could elect to handle the total situation itself or could elect to make contract with a non-profit or incorporated humane society. 70778 - Councilman Getty inquired about the Highway 218 resurfacing from West llth Street to Plymouth Street and was informed the contract was award- ed, the contractor had 30 days to furnish bond and one week remained. City Engineer Radue said the contract would not be awarded to the next low bidder as it was much too high, that the program would be dropped for this year. 70779 - Moved by Roehr, seconded by Dowie that the communication from City Plan and Program Commission, transmitting request and proposed ordin- ance from the Community. Development Board for the vacation of certain streets in the Chautauqua Park Area, as shown on attached plat and Exhibit "A", and recommending approval subject to retention of utility easements over the entire width of said streets, be received, placed on file and "Resolution fixing the time and place of hearing and notice to be given relative to vacation of certain streets in the Chautauqua Park Area, as October 11, 1976 at 7:00 P.M. in the Council Chambers of City Hall, and instructing the Clerk to publish the required notice of hearing", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24783. 70780 - Moved by Getty, seconded by Lichty that communication from City Plan and Program Commission, transmitting a request from Community Develop- ment Board to dedicate certain parcels in Division "A", Cedar River Park for street purposes, as shown on attached plat and legally des- cribed in attached Exhibit "A", and recommending approval, be received, placed on file, approved and "Resolution accepting certain parcels in Division "A", Cedar River Park, for street purposes", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24784. 70781 - Moved by Roehr, seconded by Getty that communication from Plan and Pro- gram Commission, transmitting a request from David G. and Marjorie K. Gosden to vacate a utility easement located in Lot 52 of Westbourne Terrace Second Addition, as shown on attached plat, and recommending approval of vacation of easement as described in attached Exhibit "A", which includes extension through Lot 65 in addition to Lot 52, be re- ceived, placed on file, recommendation approved, and "Resolution fixing the time and place of hearing and notice to be given on vacation of utility easement located in Lots 52 and 65, Westbourne Terrace Second September 27, 1976 70781 - (Continued) Addition, as October 11, 1976 at 7:00 F.M. in the Council Chambers of City Hall and instructing the City Clerk to publish the notice of hearing", adopted. Ayes: Six, Absent: Bowers, Resolution adopted and upon approval by Mayor; assigned No. 24784. 70782 - Moved by Getty, seconded by Wilharm that request of Dwayne Eilers for Council on its own motion to rezone from "R-3" Multiple Residence Dis- trict and "0-1" Commercial District to "C-2" Commercial District part of SW34 of SWC of Section 20 -89N -12W on North side of Independence Ave- nue and from about 100' to 500' West of center line of Bishop Avenue, as shown on attached plat and legally described in attached Exhibit "A", and City Zoning Commission's recommendation for approval, be received, placed on file, recommendations approved, date of hearing set as October 18, 1976 at 7:00 P.M. and Clerk instructed to publish notice. Ayes: Six. Absent: Bowers, Motion carried, 70783 - Moved by Roehr, seconded by Getty that request of Donald Miller for Council on its own motion to rezone from "M-1" Light Industrial Dis- trict to "R-4" Multiple Residence District the North 800' of NA of NW4 of Section 14 -89N -13W, known as old Burton Avenue Stone Quarry, located East of Burton Avenue between West Donald Street and Illinois Central Gulf Railroad Right -of -Way, as show -n on attached plat, and City Zoning Commission's recommendation for approval, be received, placed on file, recommendations approved, date of hearing set as October 18, 1976 at 7:00 P.M. and Clerk instructed to publish notice. Ayes: Six. Absent: Bowers. Motion carried. 70784 - Moved by Dowie, seconded by Roehr that the offer of Young Plumbing & Heating Co., Waterloo, Iowa, to purchase Disposal Parcel No. H-10 in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 409 Bluff Street, for the sum of $10,110.00, for employee parking, equip- ment and material storage purposes, and report of Couudunity Develop- ment Board they approved said sale, be received, placed on file, "A resolution authorizing the sale of Disposal Parcel No. H-10 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted and hearing set for November 1, 1976 at 7:00 P.M.. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval of Mayor, as- signed No. 24785. 70785 - Moved by Roehr, seconded by Lichty that request from Concordia Lutheran Church, Burton Avenue at West Parker Street, for permission to asphalt the north -south alley from Parker Street to approximately 120 feet south, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith at no cost to the City. Motion carried. 70786 - Moved by Getty, seconded by Wilharm that request from Langlas & Assoc- iates, Inc. for permission to construct a temporary asphalt driveway at 3644 West Fourth Street 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 Lang- las & Associates, Inc. and authorizing construction of a temporary asphalt driveway at 3644 West Fourth Street irrespective of a later official grade", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24786. 70787 - Moved by Getty, seconded by Wilha_m that request from Dan W. Merry for permission to construct a temporary asphalt driveway at 612 Cornwall Avenue without regard to sidewalk grade, together with $3,00 for re- cording 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 Dan W. Merry and authorizing construction of a temporary asphalt driveway at 612 Cornwall Avenue ir- respective of a later official grade", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24787. September 27, 1976 - 4 - 70788 - Moved by Getty, seconded by Wilharn that request from D. W. Baish for permission to construct a. temporary asphalt driveway at 1827 Byron Avenue without regard to sidewalk grade, together with $3.00 for re- cording waiver, and City Engineer's recommendation for approval sub- ject to the provisions of his letter, be received, placed on file, ap- proved and "Resolution granting peimission to D. W. Baish and authoriz- ing construction of a temporary asphalt driveway at 1827 Byron Avenue irrespective of a later official grade", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24788. 70789 - Moved by Roehr, seconded by Dowie that request from Melvin R. Cook for 3C Quality Cleaning & Supply, Inc., 809 Ansborough Avenue for pethmis- sion to construct a temporary asphalt driveway, without regard to sidewalk grade, and for asphalting the parking lot for beautification purposes, only, together with $3.00 for recording waiver, and City Engineer's reco.ua<,endation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting peiuiission to Melvin R. Cook for 3C Quality Cleaning & Supply, Inc. and authorizing construction of a temporary asphalt driveway and asphalting the parking lot for beautification purposes only at 809 Ansborough Avenue irrespective of a later official grade", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24789. 70790 - Under Council Action #70759 of 9/20/76 action was deferred on the Class "C" Beer and Liquor License Application of William John Day dba The Body Shop, 714 Sycamore Street. City Clerk Gibbs reported the said application and necessary documents were inadvertently forwarded to the Iowa Beer and Liquor Control De- partment and the license was issued by said Department. Moved by Wilha_m, seconded by Dowie that the above report be received, placed on file and City Attorney instructed to send written notice to William John Day setting a hearing on October 25, 1976 at 7:00 P.M. in the Council Chambers in City Hall to consider approval, denial, sus- pension, or revocation of said Beer and Liquor License. Ayes: Six. Absent: Bowers. Motion carried. 70791 - Moved by Roehr, seconded by Lichty that communication from City Engin- eer, reporting a survey of streets was made in cooperation with the Sign and Traffic Department, and recommending removal of parking from one side of the following streets as indicated, be received, placed on file, recommendations approved and City Attorney instructed to submit an ordinance accordingly: Shilliam Avenue, south side, from Barclay Street to Mobile Street, North Barclay Street, west side, from Shilliam Avenue to Newell Street, Anthony Street, south side, from Idaho Street to Spring View Street, Southview Drive, north side, from Idaho Street to Spring View Street, Bourland Avenue, north side, from West Sixth Street to West Seventh St., Wren Road, west side, from Huntington Road to Downing Avenue, Onawa Drive, south side, from Fleur Drive to Edgewood Drive, Monterey Drive, north side, from Aspen Drive to Edgewood Drive, Edgewood Drive, west side, from Huntington Road to Fleur Drive, Ingersoll Road, west side, from Huntington Road to Aspen Drive, Valdez Drive, south side, Edgewood Drive to the west, Cottage Street, north side, from East Fourth Street to Mobile Street. Motion carried. 70792 - Moved by Getty, seconded by Lichty that minutes of the Community Dev- elopment Board for their regular meeting held August 10, 1976 and spec- ial meeting of August 24, 1976, be received, and placed on file. Mo- tion carried. 70793 - Moved by Roehr, seconded by Wilharm that communication from City Engin- eer, advising improvements required as a condition precedent to the final approval of the KINGSWOOD FIRST ADDITION, have been completed in substantial conformance with construction plans, standards and re- quirements of his office, submitting four-year street improvements maintenance bond and two-year sewer improvements maintenance bond, September 27, 1976 - 5 70793 - (Continued) with effective dates being that of final Council approval, be received, placed on file, approved and said maintenance bonds accepted. Motion carried. 70794 - Moved by Dowie, seconded by Roehr that couauunication from City Engin- eer, advising improvements required as a condition precedent to the final approval of the KINGSWOOD ADDITION, have been completed in sub- stantial conformance with the construction plans, standards, and re- quirements of his office, submitting a two-year sewer improvements maintenance bond, with effective date being that of the Council approv- al, be received, placed on file, approved and said maintenance bond accepted. Motion carried. 70795 - Councilman Wilharm asked if the Westbourne Terrace Third Addition was in the area where there was concern about drainage on Rainbow Drive and if anything was being done about increasing the size of the Sewer. City Engineer Radue said this was in the long range five year plan. Councilperson Lichty pointed out the basements were flooded when it rained, relief had been promised to the residents, and ap- proval of these plans would only add to the problems. Moved by Roehr, seconded by Getty that construction plans for sanitary sewerage facilities, storm sewer and concrete paving serving Westbourne Terrace Third Addition, together with Treatment Agreement Foim C 9/76 for Department of Environmental Quality, and City Engineer's recom- mendation for approval with final acceptance of plans to be reviewed and accepted by said Department, be received, placed on file, recom- mendations approved and Mayor and Clerk authorized to execute said Agreement Form. Ayes: Dowie, Getty, Roehr. Nays: Geiger, Lichty, Wilhatm. Absent: Bowers. Motion failed due to tie vote, The Coun- cil was repolled and the votes remained the same. 70796 - Moved by Roehr, seconded by Lichty that construction plans for sani- tary sewerage facilities serving Tract C, Prairie Meadow West Third Addition, together with Treatment Agreement Form C 9/76 for Department of Environmental Quality, and City Engineer's recommendation for ap- proval with final acceptance of plans to be reviewed and accepted by said Department, be received, placed on file, recommendations approved and Mayor and Clerk authorized to execute said Agreement Form. Mo- tion carried. 70797 - Moved by Dowie, seconded by Getty that communication from City Plan and Program Commission, transmitting a revised site development plan and sign design for a sign in an "S-1" Shopping Center District at 2118 Kimball Avenue for the Homestead Houses, and recommending ap- proval, and on Council's own motion, be received placed on file, ap- proved and date of hearing set as October 18, 1976 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 70798 - Moved by Dowie, seconded by Roehr that communication from City Plan and Program Commission, transmitting site development plan and sign design for a sign in an "S-1" Shopping Center District at 2222 Edge- mont Avenue for Lind Bros. Motors, Ltd., and recommending approval, and on Council's own motion, be received, placed on file, approved and date of hearing set as October 18, 1976 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 70799 - Moved by Roehr, seconded by Lichty that coulluunication from City Plan and Program Commission, transmitting revised site development plan for the Carriage House at 3146 Kimball Avenue, and recommending ap- proval, and on Council's own motion, be received, placed on file, approved and date of hearing set as October 18, 1976 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 70800 - Moved by Roehr, seconded by Dowie that communication from Co unity Development Administrator, transmitting a Grant Agreement with U.S. Environmental Protection Agency for wastewater treatment works facility plan, including infiltration/inflow analysis in connection with Area - Wide Comprehensive Sewer Study -1974, and requesting approval of ac- ceptance of the grant, be received, placed on file and "Resolution ap- proving and providing for the execution of a grant agreement for Pro - September 27, 1976 6 70800 - (Continued) ject No. C190769 01 by and between the City of Waterloo, Iowa and the United States Environmental Protection Agency", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24790. 70801 - Moved by Dowie, seconded by Getty that Contract with Robinson Engin- eering Company dated 9/27/76 for land surveys, preparation of plats and easement description for the construction of the Northeast Annex- ation Trunk Sewer, Contract No. 188, for sanitary sewer to serve the John Deere Waterloo Manufacturing Facility site, at an estimated cost of $5500, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving the Engineering Services Con- tract with Robinson Engineering Company for Northeast Annexation Trunk Sewer, Contract No. 188, and directing execution of same by the Mayor and Clerk", adopted. Ayes: Six. Absent: Bowers. Resolution adopt- ed and upon approval by Mayor, assigned No. 24791. 70802 - Moved by Roehr, seconded by Lichty that Warranty Deed dated 5/29/74 from Gerald P. Schoenfelder for Sears Street right-of-way adjacent to K -Mart, and a Warranty Deed dated 6/12/74 from Hanover Waterloo, Inc. for additional right-of-way on East Ridgeway Avenue adjacent to K -Mart, and City Engineer's recommendation for acceptance for street purposes, be received, placed on file and "Resolution approving and accepting two Warranty Deeds, one from Gerald P. Schoenfelder and the other from Hanover Waterloo, Inc. for street purposes", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24792. 70803 - Moved by Getty, seconded by Dowie that Construction Permit No, 76-666- S for sanitary sewer extension for Oleson Addition from the Iowa De- partment of Environmental Quality, subject to certain conditions and requirements, be received and placed on file. Motion carried. 70804 - Mayor Rooff reported the proposed Humane Society Agreement called for an increase from $6.50 to $7.50 per animal, to be held 7 days, and 50C of this fee to be set aside for the spay and neuter program. A discus- sion followed, Keith Shepard wanted bids taken; Ron Kittrell named the many services, including wild animals, provided by the Society without cost to the City, with the Society putting up $1,000, then $500 and now another $500 of its own money; Councilman Getty pointed out the City checked on the cost to assume the entire operation and found it to be much greater; Mayor Rooff asked if Mr. Shepard was prepared to board, sleep, etc. the animals, availability of 24 hour service, etc. Moved by Getty, seconded by Wilha m that Agreement dated 9/27/76 with Waterloo Humane Society for furnishing and maintaining facilities and equipment adequate for the housing, shelter, care and disposal of dogs, cats and other small animals, except for livestock over 150 lbs., for period of 7/1/76 until 6/30/77, be received, placed on file, approved and Mayor and Clerk authorized to sign said agreement in behalf of the City. Ayes: Six. Absent: Bowers. Motion carried. 70805 - Moved by Roehr, seconded by Wilharm that "An Ordinance amending Ordin- ance No. 2644, known as the Traffic Ordinance, by adding Subsection (94) River Road, to Section 541, Increasing Speed Limits In Certain Areas", be received, placed on file, considered and the rules requir- ing ordinances to be received and placed on file 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: Bowers. Motion carried. 70806 - Moved by Roehr, seconded by ance No. 2644, known as the (94) River Road, to Section Areas", be adopted. Ayes: and upon approval by Mayor, 70807 - Moved by Getty, seconded by 33, Article III, Streets of Iowa, by adding New Section. Signs", be received, placed September 27, 1976 Wilharm that "An Ordinance amending Ordin- Traffic Ordinance, by adding Subsection 541, Increasing Speed Limits In Certain Six. Absent: Bowers. Ordinance adopted assigned No. 2843. Wilharm that "An Ordinance amending Chapter the Code of Ordinances, City of Waterloo, 33-42, Installation and Payment of Street on file, considered and the rules requir- - 7 707807 - (Continued) ing ordinances to be received and placed on file 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: Bowers. Motion carried. 70808 - Moved by Getty, seconded by 33, Article III, Streets of Iowa, by adding New Section Signs", be adopted. Ayes: and upon approval by Mayor, Dowie that "An Ordinance amending Chapter the Code of Ordinances, City of Waterloo, 33-42, Installation and Payment of Street Six. Absent: Bowers. Ordinance adopted assigned No. 2844. 70809 - Paul D. Jamison asked if snowmobiles could run down the alley in the Wellington and West First Streets area, especially at night. Asst. City Attorney Kennedy reported there would be an ordinance against this. Moved by Getty, seconded by Wilharm that "An Ordinance restricting the use of Snowmobiles in the City of Waterloo, Iowa, and providing penalties for violations", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Bowers. Motion carried. 70810 - Moved by Getty, seconded by Wilharm that "Resolution adopting and approving the execution of an acceptance of a grant offer from the Ad- ministrator of the Federal Aviation Administration acting for the United States of America to the City of Waterloo, Iowa,for the purpose of obtaining federal aid in the development of the Waterloo Municipal Airport under Project No. 6-19-0094-04", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, as- signed No. 24793. 70811 - Moved by Roehr, seconded by Getty that communication from Community Development Administrator, transmitting a proposed resolution author- izing the Finance Director to issue a warrant for $59,000 to cover estimated cost of sanitary sewer relocation between Fifth and Sixth Streets, be received, placed on file and "Resolution approving the deposit of $59,000 with the Corps of Engineers for sanitary sewer relocation which will be part of Stage III -B of the Local Flood Con- trol Project", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24794. 70812 - Moved by Getty, seconded by Lichty that statement from Wayne Claassen Engineering & Surveying, Inc. for Contract No. 157, approved by Coun- cil Action #70259 of 6/28/76, and City Engineer's recommendation for approval, be received, placed on file, and "Resolution approving statement dated 9/30/76 from Wayne Claassen Engineering & Surveying, Inc. for engineering services for 1976 Street Paving Program, Contract No. 157, and authorizing payment accordingly", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, as- signed No. 24795. 70813 - Moved by Getty, seconded by Dowie that Estimate #fr6 Report for Contract No. 154, with Community Development Board's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Irving F. Jensen Co. Inc. for Chautauqua Park, Stage II, Contract No. 154, and certifying payment accordingly", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24796. 70814 - Moved by Wilharm, seconded by Getty that Estimate #14 Report for Con- tract No. 150 with Community Development Board's recoumiendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Irving F. Jensen Co., for River Road,Stage II, Contract No. 150, and certifying payment accordingly", adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24797. 70815 - Moved by Getty, seconded by Roehr that "Resolution, Bills", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 24798. September 27, 1976 - 8 - 70816 - Moved by Dowie, seconded by Getty that the communication from the Asst. City Attorney, reporting notice had been served on Nancy Tucker for the removal of diseased Dutch Elm Tree from the property at 628 Allen Street, being SE 342' NW 692', Lot 12, Block 1, Johnson Addition, and requesting the Council to set a date of hearing and publish notice for the owner to show cause why the City of Waterloo should not remove the diseased Dutch Elm Tree and assess the cost thereof against the real estate, be received, placed on file and "Resolution fixing the time and place of hearing on the proposal to remove diseased Dutch Elm Tree and levy assessments therefor, and instructing the Clerk to publish the necessary notice", adopted and date of hearing set as October 18, 1976 at 7:00 P.M.. Ayes: Six. Absent: Bowers. Resolu- tion adopted and upon approval by Mayor, assigned No. 24799. 70817 - Moved by Roehr, seconded by Geiger that the following request for permission to attend function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: City Attorney to NIMLO Conference, Las Vegas, Nevada, October 10 thru 13, 1976, $531.00. Ayes: Six. Absent: Bowers. Motion carried. 70818 - Moved by Getty, seconded Alvesta Morman, 431 Linn received, placed on file ordinance governing same. by Geiger that the application and fee of Street, for a Massage Technician Permit, be and granted subject to the requirements of Motion carried. 70819 - Moved by Roehr, seconded by Lichty that the following applications for Beer Permit and Beer and Liquor Licenses, be received, placed on file, approved, and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Permit - Class C Virgil G. Taylor dba Virg's Superette Foods, 1761 Independence Ave. Beer and Liquor License - Class C Merlin Uhlenhake dba Kit Kat Klub, Inc., 302 Ansborough Avenue Erwin Paul Nuss dba Inn Touch, 1445-47 Sycamore Street Betty L. Van Erem dba Pinky's Tap, 218 Division Street Motion carried. 70820 - Moved by Geiger, seconded by Getty that application and fee of Lister H. and Miriam L. Rand dba L & M Tap, 1607 Sycamore Street, for a dance license, be received, placed on file and granted. Motion carried. 70821 - Moved by Geiger, Taylor dba Virg' mission to sell Motion carried. seconded by Getty that the application of Virgil G. s Superette Foods, 1761 Independence Avenue, for per - cigarettes, be received, placed on file and granted. 70822 - Moved by Geiger, seconded by Dowie that the application of Glen LaVern Hepker, 2513 Cedar Heights Drive, for a taxicab driver's permit, be received, placed on file and granted. Motion carried. 70823 - Moved by Geiger, seconded by Lichty that report of list of bonds filed with Clerk through 9/27/76, be on file, and report and bonds as listed, approved. City Attorney and received, placed Motion carried. 70824 - Moved by Getty, seconded by Lichty that the Council adjourn. carried. Katherine Gibbs, City Clerk Motion