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HomeMy WebLinkAbout07/11/1977July 11, 1977 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M., on July 11, 1977. Mayor Pro Tem Wilharm in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr, Wilharm. Absent: None, Invocation by Councilman Geiger. 72436 - Moved by Dowie, seconded by Bowers that the Agenda, as proposed, for the Regular Session of July 11, 1977 at 7:00 P.M., be accepted and approved. Motion carried. 72437 - Moved by Roehr, seconded by Geiger that the Minutes of the Regular Session held July 5, 1977 at 7:00 P.M., be approved. Motion carried. 72438 - Moved by Roehr, seconded by Geiger that proof of publication of Notice of Public Hearing on Adoption of an Ordinance to amend Ordinance No. 2479, Zoning Ordinance, by repealing in its entirety, Part XXVI, A- mendments, and enacting in lieu thereof a new Part XXVI, Amendments, Section 2A-55, as published in Waterloo Courier on June 23, 1977, be received and placed on file. Motion carried. 72439 - This being the time for public hearing, the Mayor called for oral and written objections, and there were none. Moved by Dowie, seconded by Getty that "Resolution adopting an Amend- ment to Ordinance No. 2479, as amended, the Waterloo Zoning Ordinance by repealing in its entirety, Part XXVI, Amendments, Section 2A-55 and enacting in lieu thereof a new Part XXVI, Amendments, Section 2A-55, in a loose leaf complete municipal code form", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assign- ed No. 25254. 72440 - Moved by Roehr, seconded by Dowie that "An Ordinance to amend Ordin- ance No. 2479, as amended, the Waterloo Zoning Ordinance by repealing in its entirety, Part XXVI, Amendments, Section 2A-55 and enacting in lieu thereof a new Part XXVI, Amendments, Section 2A-55", be received, placed on file, considered and the rules requiring ordinances to be received, placed on file, considered and voted on at two prior meet- ings suspended, and the above Ordinance recorded as having been con- sidered and passed for the first, second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 72441 - Moved by Bowers, seconded by Getty that "An Ordinance to amend Ordin- ance No. 2479, as amended, the Waterloo Zoning Ordinance by repealing in its entirety, Part XXVI, Amendments, Section 2A-55, and enacting in lieu thereof a new Part XXVI, Amendments, Section 2A-55", be a- dopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem, assigned No. 2903. 72442 - Gil Frye, 1406 Mulberry Street, asked that something be done about the trucks, loading and unloading at the bakery which block the street for 5 to 6 hours at a time, even as late as 1:30 A.M., and which were very noisy. He praised the police, who answered calls immediately. Agnes Robertson supported the objections. Moved by Bowers, seconded by Dowie that the above request, be received, placed on file and referred to Sgt. Mike Beener with a report back to the Council. Motion carried. 72443 - Gene Meeker of the Chamber of Commerce explained the 50 units were existing housing for low income elderly, the handicapped and low income family, with the landlord and tenant to negotiate the lease and the Chamber to certify so rent subsidy will be paid. Moved by Dowie, seconded by Bowers that the communication from the Waterloo Chamber of Commerce, requesting authorization to submit an application to the Federal Housing Administration for fifty (50) units of existing housing in Waterloo, together with Form HUD -52515 "Section 8- Housing Assistance Payments Program, Application for Existing Housing", at no cost to the City, be received, placed on file and "Resolution approving and authorizing the Waterloo Chamber of Commerce to submit an application to the Federal Housing Administra- tion for fifty (50) units of H.U.D. existing housing for Waterloo, Iowa", adopted. Ayes: Bowers, Dowie, Geiger, Getty, Roehr. Nays: Lichty and Wilharm. `,Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25255. - 2 - 72444 - Moved by Roehr, seconded by Geiger that request from Hazel Whitesell, 2513 Hawthorne Avenue, et al, for vacation of a portion of Kenyon Street in Riverview Addition, as shown on attached plat, and City Plan and Program Commission's recommendation for approval, be re- ceived, placed on file and "Resolution fixing the time and place of hearing and notice to be given on vacation of that portion of Kenyon Street lying between the NWly lot line of Lot 11, Block 1, extended and NWly lot line of Lot 22, Block 2, extended, all in Riverview Ad- dition as July 25, 1977 at 7:00 P.M. in the Council Chambers of City Hall and instructing the Clerk to publish notice of hearing", adopted Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25256. 72445 - Moved by Roehr, seconded by Geiger thatrequest from Black Hawk Gymnastic Club, Inc., 950 Sheerer Avenue, for permission to construct two commercial curb cuts, one 35° on Sheerer Avenue and one 25° on Flower Street, as shown on attached plat, and City Engineer's recom- mendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 72446 - Moved by Dowie, Report of June, Receipts $3,609 6/30/77 $14,855 Motion carried. seconded by Bowers that City Treasurer's Financial 1977, showing Balance on Hand 6/1/77 $15,633,728.18, ,887.73, Disbursements $4,388,592.61, Balance on Hand ,023.30, be received, placed on file and approved. 72447 - Moved by Bowers, seconded by Getty that the minutes of the Community Development Board for regular meeting of June 7, 1977 and special meeting of June 17, 1977, be received and placed on file. Motion carried. 72448 - Moved by Roehr, seconded by Getty that Iowa Department of Transpor- tation, Highway Division, Agreement for Maintenance and Operation of Primary Road Extensions for 7/1/77 to 6/30/78, and City Engineer's recommendation for approval, be received, placed on file said Agree- ment approved and Mayor authorized and directed to execute same. Motion carried. 72449 - City Engineer stated Alternate 1 would widen West Ridgeway Avenue from two lanes to four lanes and stay on existing alignment. Moved by Roehr, seconded by Geiger that Draft Negative Declaration/ Section 4(f) Statement on West Ridgeway Avenue for proposed street improvements from Highway 58 in Cedar Falls to U.S. Highway No. 63 in Waterloo, and City Engineer's recommendation that Alternate No. 1 be endorsed, be received, placed on file and "Resolution endorsing Alternate No. 1 of Draft Negative Declaration/Section 4(f) State- ment on West Ridgeway Avenue", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25257. 72450 Moved by Dowie, seconded by Bowers that Construction Permit No. 77- 481-0 for Sanitary Sewer Extension for Hillside Addition and Construct- ion Permit No. 77-475-W for Water Main Extension for Hillside Ad- dition, from the Iowa Department of Environmental Quality, subject to certain conditions and requirements, be received and placed on file. Motion carried. 72451 - Moved by Bowers, seconded by Roehr that "Resolution fixing the com- pensation of the City Officials and Employees in the City of Waterloo, Iowa", be adopted. Ayes: Bowers, Dowie, Roehr, Wilharm. Nays: Geiger, Getty, Lichty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25258. 72452 - Moved by Geiger, seconded by Getty that Estimate #3 Report for Con- tract No. 187, with City Engineer's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Brown & Cris, Inc., for Guernsey's Orange View Sanitary Sewer, Contract No. 187, and authorizing payment ac- cordingly", adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor, assigned No. 25259. July 11, 1977 - 3 - 72453 - Moved by Getty, seconded by Roehr that Estimate #2 Report for Contract No. 95, with City Engineer's recommendation for approval, be received, placed on file, and "Resolution approving Report for work and materi- als furnished by Hurst Excavating, Inc. for Huntington Road Storm Sewer District, Contract No. 95, and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro, Tem, assigned No. 25260. 72454 - Moved by Geiger, seconded by Lichty that request of Fire Chief for approval of the following promotions in the Fire Department, effect- ive July 1, 1977, be received, placed on file and approved: Captain Arthur Ecklund to the rank of Division Chief; Lieutenant Keith Crowley to the rank of Captain; Fire Fighter Donald Ahlhelm to the rank of Lieutenant. Motion carried. 72455 - Moved by Getty, seconded by Dowie that communication from Police Chief, reporting retirement of Captain Gordon Richards as of July 1, 1977 from the Police Department, and entitlement of 69 days sick leave pay, be received, placed on file and "Resolution approving payment of $4,097.22 sick leave pay to Gordon Richards, Retiree of Flee De- partment", adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor Pro Tem, assigned No. 25261. 72456 - Moved by Dowie, seconded by Lichty that following request for permis- sion to attend function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Fire Department Supt. of Maintenance to pick up new pumper, Elmira, New York, when ready, $250.00. Ayes: Seven. Motion carried. 72457 - Moved by Geiger, seconded by Lichty that the following application for Beer Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Liquor - Class C Victor F. Deutsch dba Vic's Lounge, 1106 LaPorte Road Motion carried. 72458 - Moved by Geiger, seconded by Lichty that twenty-three (23) applica- tions for permission to sell cigarettes at various locations in the City of Waterloo, Iowa, be received, placed on file, approved and permits granted. Motion carried. 72459 - Moved by Bowers, seconded by Getty that the following applications for a dance license, be received, placed on file and granted: Frank Garrison dba Frank's Recreation, 643 Mobile Street William Denkinger dba Bill's 218 Tap, 4014 University Avenue, Motion carried. 72460 Moved by Geiger, seconded by Lichty that the following applications for a taxicab driver's permit, be received, placed on file and granted: Gene Matt Coen, 1715 Heath Street Thomas Harley Bishop, 516 West Dale Street #103 Motion carried. 72461 - Moved by Getty, seconded by Geiger that report of City Attorney and list of bonds filed with Clerk through 7/11/77, be received, placed on file and report and bonds approved. Motion carried. 72462 - Moved by Bowers, seconded by Geiger that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk July 18, 1977 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M., on July 18, 1977. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr, Wilharm. Absent: None. Invocation by Councilman Wilharm. 72463 - Moved by Roehr, seconded by Getty that the Agenda, as amended, for the Regular Session of July 18, 1977 at 7:00 P.M., be accepted and approved. Motion carried. 72464 Moved by Dowie, seconded by Bowers that the Minutes of the Regular Session held July 11, 1977 at 7:00 P.M., be approved. Motion car- ried. 72465 - Moved by Roehr, seconded by Lichty that proof of publication of notice of public hearing on proposed plans, specifications, form of contract, estimate of cost, etc. for the Northeast Annexation Trunk Sewer, Con- tract No. 188, and the taking of bids, be received and placed on file. Motion carried. 72466 - This being the time for hearing, the Mayor called for written and oral objections, and there were none. In a discussion, City Attorney Smith stated that if the Kurtenbach property went to condemnation, this would not affect the contract. Moved by Bowers, seconded by Geiger that "Resolution confirming ap- proval of plans, specifications, form of contract, estimated cost, etc. for Northeast Annexation Trunk Sewer, Contract No. 188", be adopted. Ayes: Seven, Resolution adopted and upon approval by Mayor, assigned No. 25262. 72467 - Moved by Roehr, seconded by Bowers that "Resolution ordering the con- struction of Northeast Annexation Trunk Sewer, Contract No. 188", be adopted, Ayes: Seven. Resolution adopted and upon approval by Ma- yor, assigned No. 25263. 72468 - Moved by Wilharm, seconded by Dowie that the following bids be re- ceived, placed on file, Clerk instructed to open same and referred to the Engineers for checking and report back: Amount of Check Bidder Amount of Bid or Bid Bond William R. Hennessey & Son, Inc. $268,398.50 $ 10`/ Cedar Rapids, Iowa Hurst Excavating, Inc. $299,047.50 $ 5% Waterloo, Iowa Gjellefald Constructors, Inc. $283,549.95 $ 57 Forest City, Iowa Tri-State Paving $295,045.00 $ 5% Dubuque, Iowa Nelson Constructors, Inc. $304,238.00 $ 107 Cobb, Wisconsin Brown & Cris, Inc. $365,130.10 $ 5% Eden Prairie, Minna Motion carried. 72469 - Moved by Roehr, seconded by Getty that proof of publication of "Notice to Property Owners", for Oiling Program #2 - Year 1977, being a Pro- posed Resolution of Necessity (No. 25240) for the improvement of streets, avenues, drives, roads, boulevards, alleys, etc. or portions thereof, by oiling the same, as published in the Waterloo Courier on June 30 and July 7, 1977, be received and placed on file. Motion carried. 72470 - This being the time for hearing, the Mayor called for written and oral objections, and there were none. 2 72470 - (Continued) Moved by Getty, seconded by Roehr that "Resolution of Necessity, (as proposed), for oiling various streets, avenues, drives, roads, boule- vards, alleys, etc, or portions thereof, in the City of Waterloo, Iowa, under the Oiling Program #2 for Year 1977", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25264. 72471 - Moved by Bowers, seconded by Dowie that "Resolution directing the oiling of various streets, avenues, drives, roads, boulevards and alleys, etc. or portions thereof, in the City of Waterloo, Iowa, as designed in Resolution No. 25264, being the Resolution of Necessity, as proposed, adopted July 18, 1977", be adopted. Ayes: Seven. Res- olution adopted and upon approval by Mayor, assigned No. 25265. 72472 - Moved by Roehr, seconded by Wilharm that proof of publication of no- tice of public hearing to sell Disposal Parcel No. I-29, 109 Sycamore Street, Westfield -Virden Urban Renewal Area, Project Noe Iowa R-7, as published in Waterloo Courier on 6/16/77, to Harold S. Jackson and Irma W. Jackson, be received and placed on file. Motion carried. 72473 - This being the time for hearing, the Mayor called for oral and writ- ten objections, and there were none. Moved by Dowie, seconded by Wilharm that "A resolution approving the sale of Disposal Parcel No. 1-29 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and authorizing the execution of the neces- sary contract for sale of land for private redevelopment and deed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25266, 72474 - Moved by Bowers, seconded by Dowie that proof of publication of notice of public hearing on rezoning, upon request of John and Susan Jorgen- sen, upon recommendation of City Zoning Commission, and Council's own motion, to rezone from "A-1" Agricultural District to "R-4" Multiple Residence District approximately ten acres in Section 20 -89N -12W (former Dan's Mobile Home Park) north of Independence Avenue across from the Sky-Vue Drive -In Theatre, as published in Waterloo Courier on 6/30/77, be received and placed on file. Motion carried. 72475 - This being the time for hearing, the Mayor called for oral and writ- ten objections, and there were none. Plan and Program Director Franke reviewed that a portion of Exhibit "A" was in both the floodplain and floodway of the Maywood Branch of Blowers Creek, and that the request be modified to include only that parcel as identified in Exhibit "B". John Jorgensen explained the home on the lot could not be sold because it was less than three acres and for the purpose of this rezoning they would comply with the Exhibit "B" modification. Moved by Bowers, seconded by Dowie that the legal description be modified to read as described in Exhibit "B" and "An Ordinance amend- ing Ordinance No. 2479, as amended, by adding Sub -Section No. 126 to Section 2A-5, rezoning certain property, be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion car- ried. 72476 - Moved by Bowers, 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 a- doption. Ayes: Seven. Motion carried. 72477 Moved by Getty, seconded by Bowers that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 126 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordin- ance adopted and upon approval by Mayor, assigned No. 2904. July 18, 1977 - 3 - 72478 - Moved by Dowie, seconded by Geiger that proof of publication of notice of public hearing on rezoning, upon request of Roosevelt Roby, upon recommendation of City Zoning Commission, and Council's own motion, to rezone from "R-3" Multiple Residence District to "R-4" Multiple Resi- dence District Lot 1, Block 3, Krapfel and Places Subdivision, 201 Lincoln Street between St. Albans Street and Utica Street, as published in Waterloo Courier on 6/30/77, be received and placed on file. Motion carried. 72479 - This being the time for hearing, the Mayor called for oral and writ- ten objections, and there were none. Moved by Roehr, seconded by Getty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 125 to Section 2A-5, rezoning certain property", be received, placed on file, con- sidered and passed for the first time. Ayes: Seven. Motion carried. 72480 - Moved by Roehr, seconded by Lichty 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: Seven. Motion carried. 72481 - Moved by Roehr, seconded by Lichty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 125 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordin- ance adopted and upon approval by Mayor, assigned No. 2905. 72482 - Moved by Roehr, seconded by Lichty that proof of publication of notice of public hearing on rezoning, upon request of Ruth Rooff and Merton Sickles, upon recommendation of City Zoning Commission, and Council's own motion, to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District Lots 241, 242, 243 and 244, Pleasant View Addition, as published in Waterloo Courier on 6/30/77, be received and placed on file. Motion carried. 72483 - This being the time for hearing, the Mayor called for oral and writ- ten objections, and there were none. Discussed was reservation of land for backage road purposes, LaPorte Road going commercial and not residential. Moved by Dowie, seconded by Geiger thatAn Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 124 to Section 2A-5, rezoning certain property", be received, placed on file, con- sidered and passed for the first time. Ayes: Seven. Motion carried. 72484 - Moved by Lichty, seconded by Roehr 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: Bowers, Dowie, Geiger, Getty, Lichty, Roehr. Nay: Wilharm. Motion carried. 72485 - Moved by Roehr, seconded by Lichty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 124 to Section 2A-5, rezoning certain property", be adopted, subject to reservation of west ten feet of Lot 244, Pleasant View Addition, for backage road purposes. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2906. 72486 - Moved by Dowie, seconded by Geiger that proof of publication of notice of public hearing on rezoning, upon request of Quinton Lane for William and Gladys Brustkern, upon recommendation of City Zoning Commission, and Council's own motion, to rezone from "A-1" Agricultural District to "R-3" Multiple Residence District 42 acre tract in Section 18 -88N -12W, east of Dysart Road and north of Cedar Knoll Mobile Home Park, as pub- lished in Waterloo Courier on 6/30/77, be received and placed on file. Motion carried. July 18, 1977 - 4 - 72487 - This being the time for hearing, the Mayor called for oral and writ- ten objections, and there were none. Moved by Wilharm, seconded by Geiger that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 123 to Section 2A-5, rezoning certain property", be received, placed on file, con- sidered and passed for the first time. Ayes: Seven. Motion carried. 72488 - Moved by Getty, seconded by Lichty 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: Seven. Motion carried. 72489 - Moved by Bowers, seconded by Geiger that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 123 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordin- ance adopted and upon approval by Mayor, assigned No. 2907, 72490 - Moved by Dowie, seconded by Bowers that proof of publication of notice of public hearing on revised site plan for Northeast John Deere Site Plan, located south of Donald Street and west of North Elk Run Road, upon application of Deere & Co., upon Plan and Program Commission's recommendation and Council's own motion, as published in Waterloo Cour- ier on 6/30/77, be received and placed on file. Motion carried. 72491 - This being the time for hearing, the Mayor called for oral and writ- ten objections and there were none. Moved by Wilharm, seconded by Bowers that "Resolution approving re- vised site plan for Northeast John Deere Site Plan, located south of Donald Street and west of North Elk Run Road", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25267. 72492 - Moved by Roehr, seconded by Lichty that proof of publication of notice of public hearing on site development plan for new Shop building on corner of Vine Street and South Barclay Street as an addition to East High Campus, upon application of Waterloo Independent School District, upon Plan and Program Commission's recommendation and Council's own motion, as published in Waterloo Courier on 6/30/77, be received and placed on file. Motion carried. 72493 - This being the time for hearing, the Mayor called for oral and writ- ten objections and there were none. Moved by Bowers, seconded by Geiger that "Resolution approving site development plan for new Shop building on the corner of Vine Street and South Barclay Street as an addition to the East High Campus", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25268. 72494 - Moved by Dowie, seconded byrGeiger that proof of publication of notice of public hearing on site development plan at Crossroads Shopping Center, upon application of Hy -Vee Grocery Store, upon Plan and Program Commission's recommendation and Council's own motion, as published in Waterloo Courier on 6/30/77, be received and placed on file. Motion carried. 72495 - This being the time for hearing, the Mayor called for oral and writ- ten objections and there were none. Moved by Geiger, seconded by Dowie that "Resolution approving site development plan for proposed new Hy -Vee Grocery Store at Crossroads Shopping Center", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25269. 72496 - Moved by Geiger, seconded by Bowers that proof of publication of notice of public hearing on site development plan for proposed extension located west of Edgemont Avenue and South of Cataract Avenue, upon application of Lind Bros. Motors, LTD, upon Plan and Program Com- mission's recommendation and Council's own motion, as published in Waterloo Courier on 6/30/77, be received and placed on file. Motion carried. July 18, 1977 - 5 - 72497 - This being the time for hearing, the Mayor called for oral and writ- ten objections and there were none. Moved by Dowie, seconded by Geiger that "Resolution approving development planfor_proposed extension for Lind Bros. Motors, located west.-of.,Edgemdnt Avenue and south of Cataract Avenue", adopted, i}yes: Sevenol Resolution adopted and upon approval assigned No. 25270» site LTD., be by Mayor, 72498 - Moved by Gei ,conded by Lichty that proof of publication of notice of public hearing on location for two signs in an "S-1" Shopping Cen- ter District at Crossroads Shopping Center, upon application of The National Bank of Waterloo, upon Plan and Program Commission's recom- mendation and Council's own motion, as published in Waterloo Courier on 6/30/77, be received and placed on file, Motion carried. 72499 - This being the time for hearing, the Mayor called for oral and writ- ten objections and there were none. Moved by Geiger, seconded by Bowers that "Resolution approving location for two signs in an "S-1" Shopping Center District for The National Bank of Waterloo at the Crossroads Shopping Center", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25271. 72500 - Bob Bedard, 2231 West Eighth Street, referred to a petition containing 48 names given to the Mayor requesting the City maintain, clean out and dredge Dry Run Creek and stated the City took easements from adja- cent property owners and they were concerned with the problem of the creek itself. Mayor Rooff acknowledged the petition and stated the City was not ig- noring the request but was having to get many answers before coming to the Council with a construction project for rebuilding, that easements were being researched. He felt it would be about two weeks before study and recommendations would be ready and about a month for a con- struction contract. Moved by Dowie, seconded by Geiger that the above presentation of Bob Bedard, be received and placed on file. Motion carried. 72501 - Gilbert Frye, 1406 Mulberry Street, asked what progress was being made as to trailers blocking traffic at the bakery. Councilman Bowers read a report from Police Sgt. Beener, a discussion followed and Councilman Bowers arranged with Mr. Frye to meet with the manager of the bakery. 72502 - The Engineers recommended acceptance of low bid of William R. Henness- ey & Son, Inc., of Cedar Rapids, Iowa in the amount of $268,398.50 for Northeast Annexation Trunk Sewer, Contract No. 188. Moved by Roehr, seconded by Dowie that the above recommendation be re- ceived, placed on file and "Resolution accepting the bid of William R. Hennessey & Son, Inc., in the amount of $268,398.50 for Northeast Annexation Trunk Sewer, Contract No. 188", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No, 25272. 72503 - Councilman Getty stated he has received calls about truck traffic signs on Cedar Bend as trucks were using Cedar Bend to get over to Highway 20. 72504 - Councilman Lichty reported receiving a number of calls from residents in the 1100 block of Lincoln complaining of the bad oiling job. Mayor Rooff said he would talk to the Street Department in the morning. - Dewayne Eilers reported that farm land he had set aside had been cut by the weed department; he asked that whatever change in the weed con- trol program that was needed, be made so this would not happen again, that the ground only be cut upon complaint or because of a nuisance. A discussion followed on canadian thistles, etc. City Attorney Smith stated the farm was subject to City ordinances. Mayor Rooff said he would take a look at this again and get an answer back. July 18, 1977 - 6 - 72506 - Moved by Roehr, seconded by Getty that request of William L. Smart, Roger D. Freese, P.M. Retterath and Alexander Gallacher for vacation of all of Brender Street not now vacated South of Bauch Street and sale and conveyance of portion of Brender Street between Bauch Street and Stratford Avenue, for $0.05 per square foot plus costs, and Plan and Program Commission's recommendation for approval subject to reten- tion of a utility easement for certain parcels, be received, placed on file and "Resolution fixing the time and place of hearing as August 8, 1977 on proposal to vacate, sell and convey certain real property to William L. Smart, Roger D. Freese, P.M. Retterath and Alexander Gallacher", adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25273. 72507 - Moved by Dowie, seconded by Bowers that communication from Waterloo Chamber of Commerce requesting a date for public hearing be set for Housing Application of Section 8 FHA Existing Housing, be received, placed on file and "Resolution fixing the time and place of hearing and notice to be given on application to the Housing and Urban Develop- ment Department for 50 units of housing under the Section 8 Existing Housing Assistance Program as August 8, 1977 at 7:00 P.M. in Council Chambers in City Hall and instructing the City Clerk to publish the notice of hearing, adopted. Ayes: Bowers, Dowie, Geiger, Getty, Roehr. Nays: Lichty and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 25274. 72508 - Moved by Roehr, seconded by Wilharm that Finance Director's Report for June, 1977, showing Fund Balance on 5/31/77 of $15,214,748.92, Re- ceipts $3,609,887.73, Bill Payments $1,725,512.50, Payrolls $970,962.53, Transfers $954,767.78, Commissions $895,945.57, Fund Balance 6/30/77 $14,277,448.27, be received, placed on file and approved. Motion car- ried. 72509 - Moved by Dowie, seconded by Bowers that communication from City Engin- eer, transmitting Engineering Contract dated 7/18/77 with Schenk En- gineering Company for Contract No. 189, and recommending approval, be received, placed on file and "Resolution approving Engineering Contract with Schenk Engineering Company for Triangle Terrace Sanitary Sewer Project, Contract No. 189, and directing execution of said contract by Mayor and City Clerk", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25275. 72510 - Moved by Bowers, seconded by Roehr that Contract and Bond for Contract No. 161, in the amount of $36,049.05, be received, placed on file and "Resolution approving Contract and Bond of Denman Phillips Construct- ion Co., Inc., for Orange Township Asphalt Paving Project, Contract No. 161", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25276. 72511 - Moved by Lichty, seconded by Getty that Change Order No. 1 for Repairs to the West Side Parking Ramp, Minor Contract No. 90, for additional work done by Acton Construction Co., Inc. at an additional cost of $17,857.40 and Community Development Administrator's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Seven. Motion carried. 72512 - Moved by Dowie, seconded by Bowers that Construction Permit No. 77-489- W for Water Main Extension for Northgate Addition and Construction Permit No. 77-495-S for Sanitary Sewer Extension for Northgate Addit- ion from the Iowa Department of Environmental Quality, subject to certain conditions and requirements, be received and placed on file, Motion carried. 72513 - Moved by Bowers, seconded by Getty that Supplement to Construction Permit No. 77-217-S for Northeast Annexation Trunk Sewer, Contract No. 188, from the Iowa Department of Environmental Quality, subject to certain conditions and requirements, be received and placed on file. Motion carried. July 18, 1977 - 7 - 72514 - Moved by Dowie, seconded by Bowers that communication from City Plan and Program Commission, transmitting a proposed "Ordinance to amend Ordinance No. 2479, as amended, the Waterloo Zoning Ordinance, by repealing Subsection D existing Shopping Centers of Section 2A-33, Part XI and enacting in lieu thereof a new Subsection D, Minor Site Plan Amendment", and recommending approval, be received, placed on file, said Ordinance considered and passed for the first time. Ayes: Seven. Motion carried. 72515 - Moved by Geiger, seconded by Lichty that Estimate No. 7 Report for Bridge Contract No. 11, with Community Development Board's recom- mendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Lunda Construct- ion Company for Demolition and Reconstruction of Sans Souci Bridges, Contract No. 11, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25277. 72516 - Moved by Getty, seconded by Bowers that Estimate No. 4 Report for Contract No. 159, with Community Development Board's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Cedar Valley Corporation for East Park Avenue Area Streets Improvements, Sewers and Inciden- tals, Contract No. 159, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25278. 72517 - Moved by Roehr, seconded by Getty that Estimate No. 6 Report for Con- tract No. 158, with Community Development Board's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Cedar Falls Construction Company for Falls Avenue Area Street Improvements, Sewers & Incidentals, Phase II, Contract No. 158, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25279. 72518 - Moved by Geiger, seconded by Lichty that Estimate #3 Report for Minor Contract No. 90, with Coimuunity Development Board's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Acton Construction Company for Repairs to West Side Parking Ramp, Minor Contract No. 90, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25280. 72519 - Moved by Getty, seconded by Bowers that "Resolution, Bills, Schedule B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25281. 72520 - Moved by Roehr, seconded by Lichty that communication from Mayor Rooff, submitting for Council approval the reappointment of Dr. William Gronen to the Waterloo Zoning Commission for a five year term to expire July 7, 1982, be received and placed on file. Motion carried. 72521 - Moved by Dowie, seconded by Roehr that communication from Mayor Rooff, submitting for Council approval the reappointment of Rowland Sverdahl to the McElroy Auditorium and Conway Civic Center Board for a seven year term to expire July 1, 1984, be received, placed on file and ap- proved. Motion carried. 72522 - Moved by Bowers, seconded by Dowie that communication from Mayor Rooff, submitting for Council approval the reappointment of Donald L. Lippold and Craig W. Shirey to the Plan and Program Commission for three year terms to expire July 7, 1980, be received, placed on file and approved. Motion carried. 72523 - Moved by Wilharm, seconded by Getty that following applications for Beer and Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: July 18, 1977 8 72523 - (Continued) Beer Liquor Class C Esther Mae Stokes dba Pzazz Lounge, 811 East Fourth Street Fuldy Enterprises, Inc. dba Quality Inn Waterloo, West Fifth and Jefferson Street Sunday Sales - Beer Liquor Class C Esther Mae Stokes dba Pzazz Lounge, 811 East Fourth Street Fuldy Enterprises, Inc. dba Quality Inn Waterloo, West Fifth and Jefferson Street Motion carried, 72524 - Moved by Geiger, seconded by Getty that eight (8) applications for permission to sell cigarettes at various locations in the City of Waterloo, Iowa, be received, placed on file, approved and permits granted. Motion carried. 72525 - Moved by Geiger, seconded by Getty that report of City Attorney and list of bonds filed with Clerk through 7/18/77, be received, placed on file and report and bonds approved. Motion carried. 72526 - Moved by Geiger, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk July 18, 1977