Loading...
HomeMy WebLinkAbout11/21/1977November 21, 1977 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M., on November 21, 1977. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Roehr, WilhaLm. Absent: Lichty. Invocation by Councilman Getty. 73235 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of November 21, 1977 at 7:00 P.M., be accepted and approved. Motion carried. 73236 - Moved by Dowie, seconded by Geiger that the Minutes of the Regular Session held November 14, 1977 at 7:00 P.M., be approved. Motion carried. 73237 - Councilman Bowers reported Harold Mixdorf, 317 French Street, wanted a sidewalk along the side of his house and presented the City Engineer with a sketch. Moved by Bowers, seconded by Roehr that the above request, be re- ceived, placed on file and referred to the City Engineer. Motion carried. 73238 - Jr. Brookes asked for approval of a Beer Liquor License applica- tion and was informed this should be presented to the City Clerk with necessary documents for processing. 73239 - Robert Keller, General Manager of Quint -Cities Cablevision, Inc., Moline, Illinois, for Cox Cable Communications, Inc. presented an application for submission to the voters of an ordinance granting a non-exclusive cable T.V. franchise to said firm. Frank Nelson for American Television & Conuiunications Agency, Denver, Colo. said he also wished to make application. Barton Schwieger, Atty. for Cable Country T.V., Inc. was on the agenda for a 25 -year non-exclusive cable T.V. franchise. John J. Murray, Atty. for Black Hawk Community Cablevision, Inc. was on the agenda for a 15 -year non-exclusive cable T.V. franchise. On the agenda was report of City Attorney on a 25 -year non-exclus- ive cable T.V. franchise for Waterloo Cablevision, Inc., repre- sented by Jay Roberts, Atty. City Atty. Smith reported that applications can be made, the Council could select one of the applicants, or more than one, and on its own motion refer the proposition to the voters in a referendum for their decision; if the Council did not want to do anything on it's own motion, then the applicant could petition the Council with 10% of signatures of the number of voters in the last general election, (the 10% in this case being 1,400) and force the proposition to a referendum; the franchise would be non-exclusive and up to 25 years. He recommended, in view of five applicants, who were all present, that the Council set a date for a special meeting to hear each applicant for 20 minutes and then questions by the Council for 10 minutes, that each applicant in writing submit the complete details of his proposal, plus as much infoLma- tion as possible about the firm, including previous cable T.V. projects, principals involved in the operation, financial struct- ure, plus any other information that may be of aid to the Council in making a selection; he, also, suggested a cut off date be set for acceptance of applications. Mayor Rooff asked how quickly the applicants could get the infor- mation, a discussion followed; Mayor Rooff recommended the cut off date for receiving applications as Wednesday, November 23, 1977 at 5 P.M. by the City Clerk. Moved by Roehr, seconded by Wilharm that applications for cable T.V. franchises be filed in writing with the City Clerk no later than Wednesday, November 23, 1977 at 5:00 P.M. Motion carried. - 2 - 73240 - Moved by Getty, seconded by Bowers that Monday, December 12, 1977 at 1:00 P.M. in the Council Chambers in City Hall, be fixed as the date, time and place for an open special meeting to Year the presentations of the applicants for cable T.V. franchises,with financial statement, experience in previous cable T.V. projects, principals in the company, and any other information that may be of assistance to the Council in making a selection. Motion car- ried. 73241 - Mayor Rooff recognized Mayor -elect Robert Aldrich of Evansdale. 73242 - Moved by Roehr, seconded by Dowie that request of Platts, Inc. for permission to plant two Marshall Seedless Ash trees, as shown on attached plat, at 111 Plaza Circle, Century 21 office, be re- ceived, placed on file and granted. Motion carried. 73243 - Moved by Bowers, seconded by Geiger that request from J. Dale Murphy and Paul S. Kurtz for permission to construct two com- mercial curb cuts, one each at 1855 and 1995 East Ridgeway Ave- nue, as shown on attached plat, and City Engineer's recommenda- tions for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permis- sion granted in accordance therewith. Motion carried. 73244 - Moved by Dowie, seconded by Geiger that Financial Report of the Board of Waterloo Water Works Trustees for the quarter ending September 30, 1977, be received and placed on file. Motion carried. 73245 - Moved by Bowers, seconded by Roehr that the Abstract of Election Report of Official Count by Black Hawk County Board of Supervis- ors as Board of Canvassers of ballots cast at Regular Municipal Election and Special Election for $3,650,000 Library Bond issue, both held on November 8, 1977, and declaration of who canvassers determine to be elected and if special proposition passed, as submitted by the Black Hawk County Conunissioner of Election, be received and placed on file. Motion carried. 73246 - Moved by Roehr, seconded by Geiger that the Agreement with Black Hawk County, defining and clarifying the division of responsibil- ity, action and cost in the construction and/or maintenance of highway facilities near the outer Corporate limits of the City, be received, placed on file and "Resolution approving Agreement with Black Hawk County for construction and/or maintenance of highway facilities near the outer Corporate limits of the City", adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor, assigned No. 25491. 73247 - Moved by Dowie, seconded by Bowers that construction plans for sanitary sewerage facilities serving Sturdy Addition, together with Treatment Agreement Foim C 9/75 for Department of Environ- mental Quality, and City Engineer's recoumiendations for approval subject to final acceptance of plans reviewed and accepted by DEQ, be received, placed on file, recommendations approved and Mayor and Clerk authorized to execute said Agreement Form. Mo- tion carried. 73248 - Moved by Geiger, seconded by Bowers that construction plans for sanitary sewerage facilities serving Westdale, together with Treatment Agreement Form C 9/75 for Department of Environmental Quality, and City Engineer's recommendation for approval subject to final acceptance of plans reviewed and accepted by DEQ, be received, placed on file, recommendations approved and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 73249 - Moved by Wilharm, seconded by Roehr that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 132 to Section 2A-5, rezoning certain property", be received, placed on file, considered and the rules requiring ordinances to be con- sidered and voted on for passage at two prior meetings, be sus- pended, 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: Lichty. Motion carried. November 21, 1977 - 3 - 73250 - Moved by Getty, seconded by Bowers that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 132 to Section 2A-5, rezoning certain property", adopted. Ayes: Six. Absent: Lichty. Ordinance adopted and upon approval by Mayor, assigned No. 2930. 73251 - Moved by Roehr, Indemnification Judith D. Heene Hayes Addition, cepted. Ayes: seconded by Dowie that the Hold Harmless and Agreement dated 10/20/77 from Charles S. and for property known as W 45' of Lot 8, Block 16, be received, placed on file, approved and ac - Six. Absent: Lichty. Motion carried. 73252 - Moved by Roehr, seconded by Dowie that communication from Com- munity Development Administrator, transmitting a proposed reso- lution for City acceptance of responsibilities of operation and maintenance for Reach B of Local Flood Control Project, behind the Municipal Stadium north to Titus Manufacturing, be received, placed on file and "A resolution authorizing the Mayor to accept on behalf of the City of Waterloo effective November 18, 1977, the assumption of operation and maintenance responsibilities for the flood protection devices constructed as Construction Mi- tigation, Reach B of the Corps of Engineers Local Flood Control Project", adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor, assigned No. 25492. 73253 - Councilman Dowie inquired about policing of the flood dikes and was informed that the various City Departments were allocated certain areas as their responsibility. 73254 - Mayor Rooff stated the Notice of Public Hearing to Dispose of Real Property has been strengthened in that bidders must submit preliminary drawing indicating proposed development and select- ion of developer to be based on what will serve the best inter- ests of the City. Discussed was 10% deposit with the bid, with balance due upon delivery of deed, establishment of start and completion dates of development project, not the highest bid- der but what will do the most for the City. Councilman Dowie suggested the Council read the notice before making a decision. Moved by Dowie, seconded by Roehr that couuuunication from Plan and Program Coimuission, transmitting request of Waterloo Water Works for City to offer for sale a parcel of land South of Ill- inois Central Gulf Railroad and North of West Airline Hiway in part of Section 4 -89N -13W, as shown on attached plat and legal- ly described in attached Exhibit "A", subject to certain stipu- lations and City retention of utility easement, be received, placed on file and action deferred until November 28, 1977. Motion carried. 73255 - Moved by Roehr, seconded by Bowers that Brice, Petrides & Associ- ates, Inc., Engineers, be instructed to prepare plans and specifi- cations, form of contract, estimated cost, etc. for the Virden Creek Cunette Repairs, Contract No. 96. Motion carried. 73256 - Moved by Geiger, seconded by Dowie that the plans and specifica- tions, form of contract, estimated cost, etc. for Contract No. 96, be received, placed on file and "Resolution preliminarily approv- ing plans and specifications, form of contract, estimated costs, etc. for Virden Creek Cunette Repairs, Contract No. 96", adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon ap- proval by Mayor, assigned No. 25493. 73257 - Moved by Dowie, seconded by Bowers that the Clerk be instructed to publish the notice of public hearing on plans and specifica- tions, etc. for Virden Creek Cunette Repairs, Contract No. 96, and the taking of bids for the improvement, with date set as December 12, 1977 at 7:00 P.M. Motion carried. 73258 - Moved by Bowers, seconded by Geiger that the following requests for permission to attend functions, with expenses allowed not to exceed the amounts shown, be received, placed on file and approved: 4 73258 - (Continued) Asst. Personnel Director to Prime Sponsors Workshop on Transition of PSE Participants, Kansas City, Mo., November 29 thru December 1, 1977, $165.00; Supt. of Sewers and one personnel to Iowa Chapter APWA Annual Conference, Waterloo, Iowa, November 30 thru December 2, 1977, $70.00 plus use of City car; Asst. Street Supt. and Foreman to APWA State Meeting, Waterloo, Iowa, December 1 and 2, 1977, $80.00 plus use of City car. Ayes: Six. Absent: Lichty. Motion carried. 73259 - Moved by Roehr, seconded by Bowers 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 B Tony Tomlyanovich dba Tony's LaPizzeria, 615 Commercial Street Beer Liquor Class C Jerry E. Shaw dba Piccadilly Tap, 416 Jefferson Street Kelley's Lounge, Incorporated dba Kelley's Lounge, 801 Commercial Street Sunday Sales Beer - Class B Tony Tomlyanovich dba Tony's LaPizzeria, 615 Coumiercial Street Beer Liquor - Class C Wanda A. Abbe dba The Colony Club, 612 Maynard Street Motion carried. 73260 - Moved by Geiger, seconded by Getty that the application of Jerry Shaw dba The Piccadilly Tap, for permission to sell cigarettes at 416 Jefferson Street, be received, placed on file and permit granted. Motion carried. 73261 - Moved by Geiger, seconded by Bowers that the following applica- tions for Ambulance Driver, Attendant Permits, be received, placed on file and granted: Thomas James Paxson, 732 Camille, Ottumwa, Iowa Kathleen Marie Ackerson, 414 Fourth Street, Washburn, Iowa Douglas A. Kroells, 2003 Falls Avenue Motion carried. 73262 - Moved by Dowie, seconded by Geiger that application, bond and fee of Francis Egner dba Budget One Hour Sign Co., 315 Logan Ave- nue, for a Sign Painting License, be received, placed on file and granted. Motion carried. 73263 - Moved by Getty, seconded by Geiger that the application of Sandra Kay Harmon, 408 Newell Street, for a Massage Technician Permit, be received, placed on file and granted subject to the require- ments of ordinance governing same. Motion carried. 73264 - Moved by Geiger, seconded by Bowers that report of City Attorney and list of bonds filed with Clerk through 11/21/77, be received, placed on file and report and bonds approved. Motion carried. 73265 - Moved by Dowie, seconded by Geiger that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk November 21, 1977