HomeMy WebLinkAbout1977-01-18 Council MinutesMINUTES OF OFFICIAL ACTIONS OF COUNCIL
JANUARY 18, 1977
The cost of publishing the following pro-
ceedings
ro-
teedIngs & claims is $ Cumula-
tive cost to date during this calendar year
for said publication is $
Iowa City City Council, reg. mtg., 1/18/77,
at 7:30 P.M., Civic Center. Councilmembers
present: Balmer, deProsse, Foster, Perret,
Selzer. Absent: Neuhauser, Vevera. Mayor
Pro Tem deProsse presiding.
Mayor Pro Tem deProsse proclaimed 1/22/77 as
:''. Stop the B-1 Bomber Day & 1/16-22/77 as
Jaycee Week.
'. R.D. Phipps appeared & questioned the action
on 1 awsuit against apartment bldg, at 132 N.
Dodge St. concerning handicapped accessi-
bility. After a short discussion, Mayor Pro
Tem deProsse asked that the matter not be
discussed further.
Atty. Patricia Kamath, representing Happy
Hollow Assoc., conveyed their concern on 29 -
unit apartment bldg. being built at 902 N.
Dodge: St. ,Others appearing with objections
`< were: Corinne Suter, Jack Young Jr., Mary
Hows are, Wayne Begley. Letters of objectors
were: recd. from Kay Ackerson, Glen & Louise
Pauley, Charles & Anna May Miller, Coletta
i.Schl enk, Ellen Aycock, Kathleen Sandstrom,
'f.:Mr. and Mrs. Joe Cermak, Constance Merker,
Beth Apthorp, Lynn & Suzanne Grulke, Horace
Amidon, E. David&Jean S. Cater, Pamela &
A;f Dere k.Willard, Philip & Gayl Bowser, John &
,.,Karen Spence, Virginia Alexander, Harold &
Dolores Rogers, Laurence & Mary Howsare,
Corinne Suter, Wayne Begley, Albert J. Soucek,
"""Luthiera A. White, Pamela & Stephen Saur,
Chris Zimmermann, & Arlene Powell. Moved by
Fosftr, seconded by Perret, to rec. & file
" they correspondence submitted. Motion carried,
5/6. Neuhauser & Vevera absent.
"Moved by Balmer, seconded by Perret, that the
following agenda items & recommendations in
the Consent Calendar be approved and/or
adopted as amended:
Approval of off. actions, reg. Council mtg.,
1/4/77, subj. to correction, as recommended
by City Clerk.
Minutes of Bd. & Comm.: Bd. of Adjustment,
11/11/76 & 11/25/76; P & Z Comm., 1/6/77;
Comm. on Commun. Needs, 1/12/77; Human
Relations Comm., 12/20/76.
Permit Res., as recorded in Res. Book 38,
as recommended by City Clerk: Res. #77-10,
p. 17, Approving Class B Beer Permit for
B ushnell's Turtle, Inc., Clinton St. Mall.
Res. N77-11, p. 18, Approving Refund of
Beer Permit to That Deli, 620 S. Dubuque.
Motion to approve disbursements for the
period of 9/1-30/76, in the amt. of
$869,555.64, & the Nov., 1976, Finanical
Summary, subj. to audit, as recommended
by Finance Dir.
Correspondence: Chm. of Iowa City Assn. of
Professional Fire Fighters requesting per-
mission to hold annual benefit ball & to
sell tickets, ref. to City Mgr. Mrs. David
Funk re weeds & snow removal problems,
referred to City Mgr.
Affirmative roll call vote was unanimous,
5/0, Neuhauser & Vevera absent.
Moved by Foster, seconded by Perret, to set
public hearing on 2/8/77, 7:30 P.M., on a
proposed ordinance to amend the Zoning Ord.
by revising the procedures for amending the
Zoning Ord., Sec. 8.10. Motion carried, 4/1,
Selzer voting "no," Neuhauser & Veveraabsent.
Moved by Balmer, seconded by Foster, to set
public hearing on 1/25/77, 7:30 P.M., to con-
sider a neighborhood redevelopment plan to
meet requirements of Chap. 403 of the Code
of Iowa as Commun. Dev. Block Gra ' nt activi-
ties are implemented. Motion carried, 5/0,
Neuhauser & Vevera absent.
Council noted several recommendations from
P & Z Comm. & the recommendation from the
Human Relations Comm. to approve the newly
revised Human Relations Ord., which will be
discussed by Council in February.
Mayor Pro Tem deProsse announced a vacancy on
Housing Comm. for 1 unexpired term ending
5/1/79, with appointment to be made 2/22/77.
It was decided by Council to postpone filling
the 4 vacancies on the Comm. on Commun. Needs
until all Councilmembers were present,
Councilman Perret reported that the Policy
Comm. & the Technical Comm. of Johnson Co.
Reg. Planning Comm. met & heard the consult-
ant's presentation of Area Trans. Study prel.
draft. Another mtg. is scheduled for Jan. 26.
City Mgr. Berlin asked if Council was inter-
ested in amending the ordinances concerning
use of barbed wire. There was a consensus
that the barbed wire should be removed, the
City Mgr. & City Atty. consider alternatives,
& come back with a recommendation. City Mgr.
called attention to Asst. Atty. Ryan's memo
of Jan. 18 concerning rezoning of property at
902 N. Dodge & bldg. of a 29 -unit apt. bldg.
He summarized conclusions. A remedy recom-
mended is that the City would not issue a
certificate of occupancy unless the develop-
ers comply with the LSRD & stormwater manage-
ment requirements. Atty, Patricia Kamath
appeared. There was a consensus of Council
that the City Mgr. contact the developers,
letting them know of the problem & asking
them to hold off so that the matter can be
worked out reasonably. Council will meet
at li00 P.M. Monday to discuss the matter.
Public hearing was held on appl. submitted
by Midwest Dev. Co. to rezone a tract of
land located W. of Taylor Dr. & S. of K -Mart
' from R1A to RIB. City Mgr. pointed out that
staff recommended no action until the ques-
tion of the drainage ditch was resolved.
Mike Kammerer appeared for developer & ad-
vised that an agreement is forthcoming.
Mayor Pro Tem dePro sse opened the public
hearing to review proposed
Community
Dev..
projects funded with a fed. grant to Com.
Dev. Block Grant funds. City Mgr. Berlin
explained the change in the allocations for
decreasing "Administration" by $41,806 and
increasing "Ralston Creek" by that amount.
Brad Meyers, representing P.U.S.H., appeared
concerning handicapped & elderly trans. Jeff
Haberer, I.P.I.R.G. , presented a proposal
for a short-term demonstration recycling
proj. Jeannette Fulton, Camp Fire Girls,
appeared concerning Hickory Hill Shelter
proj'. .Mayor Pro Tem informed her that this
prof. would be funded out of last year's
HCDA money. Wayne Begley expressed approval
of ;purchase of add. land for Happy Hollow
Park, but 'opposed 'using it for water deten-
tion purposes. City staff explained that
water detention was the purpose of buying
'the'land, &that the City needs to comply
with the Storm Water Ord. also..
Nancy Seiberling, Proj. Green, suggested re-
,,.;,..:,,,cycling
e-
;; cycling leaves by means of a Mun. Composting
Prog. Ira Bolnick, Comm. on Commun. Needs,
_ supported energy conservation & objected to
the 5 -minute limit for presenting proposals.
Andlea Hauer, Comm. on Community Needs, urged
- Council to fund Mayors Youth prog. & suggest-
eda'that Johnson Co. Assn. for Retarded be in-
tluded in the housing rehab. prog. & request-
ed a portion of the Ralston Creek funds be
used for Old Brick & mentioned the possibili-
ty of hiring apart -time energy planner.
Public hearing was closed. Moved by Selzer,
seconded by Foster, to rec. & file the docu-
ments & statements, including letters from
Wayne Paulson & Adrian Anderson, re Old Brick,
& from the Chamber of Comm. approving the
.; proposed HCDA budget. Motion carried, 5/0,
Neuhauser & Vevera absent.
Public Works Dir. Plastino opened the public
hearing on proposed Muscatine Ave. Rd. Constr.
Proj. with a slide presentation. Emilie
Rubright, Pres. of Robert Lucas P.T.A., ap-
peared & spoke concerning the safety of
children & discussed the sidewalk to South -
lawn. Don Tvedte, Prin. of Lucas School,
appeared, Several Councilmembers felt it
i.
would be reasonable to provide the sidewalk
out of Ci ty funds. Others appearing con-
cerning -the safety of children were Bob Hen-
derson, J anett Hieber, Rosemary Friedrich,
Carol Stegink, & Diane Klaus. Public hear-
ing was closed. Moved by Selzer, seconded
by Foster, to make the letter from Wayne
Whitmarsh a part of public hearing. Motion
carried, 5/0, Neuhauser & Vevera absent.
Moved by Foster, seconded by Balmer, that
ORD. ESTABLISHING THE MUN. CEMETERIES OF THE
CITY OF IOWA CITY AS NONPERPETUAL CARE CEME-
TERIES & AMENDING SEC. IV OF ORD. # 2231 be
considered & given second vote for passage.
Affirmative roll call vote was unanimous,
Neuhauser & Vevera absent.
Moved by Balmer, seconded by Foster, toadopt
RES. #77-12, as recorded in Res. Book 38, pp.
19-25, AUTHORIZING MAYOR TO EXECUTE AGREE-
MENT WITH THE IOWA DEPT. OF TRANS. FOR FED-
ERAL PARTICIPATION IN THE MARKET/JEFFERSON
SIGNALIZATION PROJ. Affirmative roll call
vote unanimous, Neuhauser & Vevera absent.
Moved by Selzer, seconded by Balmer, to a-
dopt RES . #77-13, as recorded in Res. Book
38, p. 26, SETTING PUBLIC HEARING ON 1/25/77,
FOR THE PLANS, SPECIFICATIONS, FORM OF CON-
TRACT & ESTIMATED COST FOR THE FURNISHING OF
EQUIPMENT FOR THE JEFFERSON/MARKET SIGNAL-
IZATION PROJ. Affirmative roll call vote
unanimous, Neuhauser & Vevera absent.
Moved by Balmer, seconded by Foster, to a"
dopt RES. #77-14, as recorded in Res. Book
38, p. 27, AWARDING BID FOR POLICEWOMEN'S
LOCKER ROOM FACILITIES to Burger Constr. Co.,
Inc., of Iowa City. Affirmative roll call
vote unanimous, Neuhauser & Vevera absent.
Moved by Balmer, seconded by Selzer, to ad-
journ meeting. Motion carried, 5/0, Neu-
hauser & Vevera absent. (10:30 P.M.)
For a more detailed & complete description of
Council Activities & Disbursements, see0ffice
of�CCiitty- Clerk & Finance Department
MAYOR
CITY CLERK
February 1, 1977
MINUTES OF OFFICIAL ACTIONS OF COUNCIL
3 JANUARY 4, 197.
The cost of publishing the following pro-
ceedings & claims is $ Cumula-
tive cost to date during this calendar
year for said publication is $
Iowa City Council, reg. session, 1/4/77,
7:30 P.M., Civic Center. Councilmembers
present: Balmer, deProsse, Foster, Neu
-
hauser, Perret, Selzer, Vevera. Mayor
Neuhauser presiding.
Moved by Balmer, seconded by Foster, that
the following agenda items & recommenda
tions in Consent Calendar be approved and/
- or adopted as amended:
Approval of off. actions of reg. Council
' mtg. of 12/21/76, subj. to correction, as
' recommended by the City Clerk.
Minutes of Mayor's Youth Employment Bd.
mtg. of 12/13/76.
Resolution #77-1, as recorded in Res.
Book.38, p. 1, approving Class C Beer
Permit appl., 7-Eleven Store, 820-1st Ave..
Letter from: Raymond E. Morgan re: traffic
problems',referred to Public Works.
r
Affirmative roll call vote, unanimous, all
Councilmembers present.
,The City„Mgr. pointed out that the parking
' ire had. not been decreased in preparation
of, the budget: deProsse advised that she
favored decreasing the fine. The City Mgr.
'advised' that Mr. Zuchelli's position was
that he does!not'recommend that the College.
`Block Bldg. and the Dottie Dunn Hat Shop
:�r;;,; :bldg. be. sold separately, and he. would ask
Zuchelli to put this in writing.
CoinciIman. Selzer'.reported on the'mtg. that
h°and City Mgr. Berlin held with Mayor
taab and Councilman Breese of University
Heights concerning possible alternatives re
the serv. contract: (1).some way of Univ.
Hts'coming up with other income to pay
their fair share, & (2) possible annexation.
r; ,Selzer al so noted that most businesses pay
bills once'a month & asked whether or not
.;the.City, should do this.
7t`; City Mgr. Berlin announced that public hear-
ing on HCDA programs would not be held on
14"'i'the llth'but on the 18th, as the Council
will be discussing Conoco. on Commun. Needs
recommendations on the 10th, & there will
not be time to publicize Council's recom-
mendations. Moved by Selzer, seconded by
deProsse , that public hearing on HCDA prog.
be held 1/18/77, 7:30 P.M. Motion carried.
Public Hearing was held on appl. submitted
by Ty'n Cae, Inc. to rezone 46.4 acre tract
located E. of Mormon Trek Blvd. & No. of
City lim!*om RIA to RIB Zone.
Moved by Selzer, seconded by Balmer, to
adopt RESOLUTION #77-2, as recorded in Res.
Book 38, p. 2, AUTHORIZING MEMBERS OF CITY
COUNCIL & ADM. STAFF OF THE CITY TO PARTI-
CIPATE AS NON-VOTING MEMBERS IN IOWA CITY
CHAMBER OF COMMERCE. Affirmative roll call
vote unanimous, all -present. Councilman
Balmer commended the City Mgr. for opening
dialogue again with Chamber of Commerce.
Moved by Balmer, seconded by Vevera, to
adopt RESOLUTION #77-3, as recorded in Res.
Book 38, pp. 3 & 4, APPROVING AUDITOR'S
PLAT NO. 32, SUBMITTED BY R. M. BOGGS CO.,
INC.: BUSINESS DEVELOPMENT, INC.: CAPITOL
PROPANE GAS CO., INC.: DRUG FAIR: L. L.
PELLING CO. & WOLF CONSTR., INC. P:& Z
Comn, r. Jane Jakobsen was present for dis-
cussion.
is-
cussion. Affirmative roll call vote.unani-
mous, all present.
Moved by Balmer, seconded by Perret, to ad-
journ. Motion carried, 8:00 P.M.
A more complete description of Council
activities is on file in the office of the
City Clerk.
ABBIE STOLFUS .
CITY CLERK
MARY C. NEUHAUSER
MAYOR .
January 18, 1977
0 0
CITY MANAGER'S PUBLIC HEARING
ON PROPOSED USE OF REVENUE SHARING
FUNDS DURING FISCAL YEAR 178
CITY MANAGERS PUBLIC HEARING ON PROPOSED USE OF REVENUE SHARING FUNDS
DURING FISCAL YEAR '78, held on January 5, 1977 at 3:00 P.M.
STAFFMEMBERS PRESENT: City Manager Neal Berlin, City Clerk Abbie Stolfus
City Manager Neal Berlin read the notice of the meeting, and explained
he:latest amendments to procedures to approximately 30 citizens present.
He noted that there would also be other opportunities for citizens to
be heard, such as at the public hearing on the budget on March 1, 1977.
Citizens' appearing were as follows:
A. C. Forwald appeared for the American Association of Retired Persons,
to discuss the statement presented. They asked that 1) the City make the
Johnson county Council on Aging a commission on aging with full financial
' support, or 2) share the financing with the Johnson County Board of
�t
Supervisors.
{
� Doris Bridgeman, the Director of the Johnson County Council on Aging,
presented a.statement and other materials, outlining objectives and
expg sources of funding. They also requested consideration of
lainin<< '
the.* two alternatives presented by AARP.
a Kathy Kelly app eared in behalf of the Visiting Nurses , asking that the
City work closely with -the County to meet growing demands for their
services'.
�N
Wes Fotsch advised that the Johnson County Extension Director had
presented an outline of the coming activities for the PALS Program
along with their budget askings. Their program has doubled.
-Jim Swaim, United Action for Youth, explained their Outreach Program
`
for' Youth and their request for funds.
j Dr. Paul Huston, Commission on Aging, commented on legal questions when
SM• x City and County are working together.
,m l : .l• A
' Dale Barker appeared for the National Association of Retired Federal
$' Employees, noting their interest in several programs of benefit to
z1` senior citizens.
v
Karen Thielman and Linda McGuire appeared for the Rape Victim Advocacy
Program and presented their proposal for Aid to Agencies funding.
ile in the
e.
Managererials Berlinpresented are on answered severalfquestions, CTape recordedfoncCity
reel
N44.
Abble Stolfus
City Clerk
■
INFORMAL COUNCIL DISCUSSION
JANUARY 3, 1977
1:30 P.M.
INFORMAL COUNCIL DISCUSSION: January 3, 1977, 1:30 P.M. in the Conference
Room at the Civic Center.
` COUNCILMEMBERS PRESENT: Neuhauser, deProsse, Balmer, Foster, Selzer
Vevera, Ferret 1:45 PM.
STAFFMEMBERS PRESENT: Berlin, Stolfus, Kushnir, Schreiber, Schmeiser,
Kraft, Vann, Ragland
ZONING APPLICATIONS
TY'.N CAC --- Senior Planner Don Schmeiser advised that the report was
written, by Tony Osborn. Their analysis concerning the schools has
7 ,been completed., This'is a preliminary analysis for that area. The
PIAnnIing'and Zoning Commission had approved the rezoning because they
`.had also submitted the planned area development plans simultaneously,
for, this area north, but. not for the area south of City limits. They
felt that'40 acres of development probably wouldn't make that much
difference in terms.of the number of elementary school-age children.
AUDITORSJPI:AT BDI---Asst. Attorney Tony Kushnir explained additional
r changes in 'c' of the Resolution. It will clearly define what is
,} happening now and will happen in the future. It will be on the agenda
i� for the 4th.
COUNCIL TIME
t The letter, from James Scott for Fleetway to PW Dir. Plastino was 'discussed.
It was'suggested'that Plastino be asked for some interim solutions to
this problem. There will be further discussion during capital improve—
ment projects, and Dept. PW will investigate.
,i Uniform Traffic Code--Concern was expressed over loading and unloading in
the downtown area, The staff will present some alternatives.
f Lexington Avenue--Asa result of the opinion presented by Atty. Y.ushnir,
Council "agreed that the rumble strips were to be removed on Lexington Ave.
City'Manager Neal Berlin discussed the background of the problem with
` the tornado warning siren at Lincoln area. Easements were gotten from
the school district, usually the City decided placement. He stated that
if scientific evidence was presented to indicate a problem, then the
City should deal with it.
` A response was requested to a previous request concerning parking on the
last block to the North of Dewey Street.
Concerhing minutes of the informal minutes of December 20th, page 4, parag. 3,
• • Informal Council
January 3, 1977
Page 2
It was noted that the second sentence should end with the word service. And
a new sentence started, reading, 'She said the only w:ly---'. This would
correctly note Council's consensus that they would maintain the six services
at least at the present level of service. Councilman Vevera pointed out that
he had changed his mind about charging for garbage collection. The City
Manager advised that the budget had been finished, but few operating costs had
been increased in the general fund. After adjustments downward, there is
still a shortage of approximately $100,000.
At the meeting with the University, the City Manager explained that two
issues had been discussed. lie pointed out that there would be written
documents presented later. These issues were: 1) that the staff of the
City and the staff for the University, their planning firm, and our
architectural or engineering firm would work together on those areas of
public improvements, as the planning for those areas goes along, and
2) the whole question of the Comprehensive Plan. They indicated that
be more involved in the process, and to bring to the
they are prepared to
Committee and the Council the kinds of things that they are thinking of
down the road. This also refers to the Hospital. He pointed out that
the University is not prepared to deal with the traffic problems connected
with the medical center at this time. The sewer issue will be resolved
the early part of January, except for what the University will pay for the
lime sludge.
Rumors concerning Epstein's book store moving, and about the urban renewal
appraisals were noted. The City Manager noted that the appraisals were not
in and would not be going back to the appraisers. Council discussed a
policy on the Clinton St. modulars. This will be reactivated for Council
discussion. It was noted that no information would be given out on the
il did not want to know appraisals until necessary.
appraisals and Counc
The City Manager reminded Council of the meeting on Thursday at 4:00 P.M.
r. Items he suggested
with the Board of Supervisors, here at the Civic Cents
for discussion were: 1) Joint Law Enforcement Facility, 2) Animal Shelter,
and 3) Human Needs Study -Regional Planning.
HCDA-- the discussion concerning Housing and Community Development Act
Block Grant budget proposal was being deferred from the afternoon discussion.
The. date for the public hearing has been moved to January 18, 1977, and
notices will be changed.
BOARDS AND COMMISSIONS GOALS AND OBJECTIVES
Committee on Community Needs - Sharon Bonney was present to discuss their
- o lett ves. Theme main concern is regarding citizen participation.
g—oa—ls—a–n
Ira Bolnick was also present for discussion. It was suggested that the
N�lcommittee could also identify other needs,besides the Block Grant needs,
which are eligible for other funds. It was noted that someone from CCN
attends other various committee and board meetings. Council discussed
so liciation of members for the committee, and asked for measurements for
the goals, as presented orally, be written.
Human Relations Commission - Commissioners Sally Smith and Tom Scott were
;; _ present. Sm t adent f ed areas of accomplishment litigain thetion,
previous year,
including the new ordinance, Lakin two cnsos to inti iscri p
measures taken during the Indian Encampment, Housing Discrimination and
in Private Clubs licensing. Scott presented the requests for funding for
11
Page 3
informal Council
January 3, 1977
FY 78. They outlined the training commissioners had received and noted
that staff training was helpful and that they had been getting enough
legal help toward the end of the year. Over half of the budget costs
will be for public hearing officers as being provided for in the new
I
rdinance. Council discussed the length of term for the commissioners.
liiverfront Commission - Jim Lindberg was present for discussion. The
main thrust to implement their goals was the Stanley study, in three
phases. If the Commission agrees with the study, the Council would then
consider adopting it. There are four new commission members. Their
budget askings are for purchasing three priority categories, parcels
along the south part of the river, N1 parcel on the east side of the
river, immediately south of Dewey's Salvage Yard. According to the
original contract, preparing of detailed planning specifications for the
area on the west side of the river has been finished, and payment to
Stanley is in process. The Commission is also working on the floodplain
ordinance. The small tree nursery will be in Wetherby Park
Housing Commission Fredine Branson and Lyle Seydel were in attendance.
The final draft of the ordinance will come to Council i n late January.
Barbara Bouschli cher has moved out of town and two other commissioners
do not.attend often. The Mayor will write a letter to see if they are
still interested in being on the Commission. Seydel will continue
towork to get fair -market rents raised. It was pointed out that Congress-
man Leach is.on the Banking,, Currency and Housing Committee. Seydel was
asked to write', in as specific terms as possible, the problems with
the rents.
e " The supervisor of the Autumn Park Apartments is Armand Anderson from Mid -
"'`''`states. It is privately owned and maintained building. Our city build-
' ing inspectors are also inspecting there, also HUD inspectors.
a'
The Des Moines Housing Office hasn't been to Iowa City to look over the
post office site.
Civil Service Commission - Wynonna Hubbard, Chairman, was present to go
thru the goals. . It was noted that a person could take a grievance thru
collective bargaining and also thru civil service process. They have
incorporated the Minnesota Multi -Phasic Inventory (MMPI) tests which are
administered by Jake Sines, Psychology Dept. of the University.
PlanInin and Zonin Commission - Chairman Bob Ogeson was present and stated
that t ey hi used zero -based budgeting. He noted the need for well-educat-
ed commission members. They have no attendance problems. Council agreed
that their members do an extremely fine job, and attendance by a commissioner
at a Council meeting is helpful. There were no questions on the goals.
Aiort Commission - Dave Hartwig and E.K. Jones answered several questions
concern ng the DOT report, which was generated without any input from the
Airport Commissions or City Councils. The expansion was contrary to FFA
plans. Their General Aviation sector (all flying except scheduled airlines
and military) has a special report for Preisser. Instead of a longrange
runway resurfacing project, they are replacing a portion of the runway
each year. Jones suggested that the Commission be commended for their
stand denying Ozark Airlines' request to extend the runway. The new
hangars are completed and rented. Jones asked why the payment for the airport
land from the highway Commission was being held up. He was told to contact
Attorney John Hayek.
• . Informal Council
January 4, 1977
Page 4
Couneilmembers del'rossc and Balmer left the meeting. 4:10 1'.M.
Library Board- Chairman Ron Farber, Lolly Eggers, ]lir., and 8 Commissioners
were present. It was noted that a great deal of time was put in on their
goals, which are not listed in priority order. It was explained what was
meant by self- instruction devices (paragraph N3). Farber noted that four
goals from FY77 had been met: ])establishment of Friends of Library group,
2)the site study was completed, criteria developed should make the site
selection easier, 3) a new charging system started, and 4) an internal
communications system started. Aurora, Ill. is integrating a new library
into their downtown urban renewal project.
Director riggers explained Goal R5, outreach and community services. They
provide library services to the handicapped and homebound, by telephone
and mail. For mailing there is a special library rate. They have
deposit collections at the Close Mansion and Mark IV. They provide library
service to the Jail; and work with groups such as the Model Railroaders to
x provide programs at the Library.
Parks and Recreation Commission - Flo Stockman, Chairman, advised that
action steps had not yet been added to their draft of goals and objectives.
She .;discussed -a mechanism to assess and evaluate programs, developments
" and needs. through the use of the Comprehensive Plan. The City Manager
z„ pointed out.that <the monthly questionnaire touches on this, and the Parks
I,, Recreation conducts seasonal surveys. Their Commission is going to
try to accomplish two or three items this year. The Mayor pointed out
i that they could expand Hickory Hill ,and possibly, Happy Hollow. Two new
parks :have been purchased and there are improvements for City Park. She
asked'.if BAR. money was available. The City Manager advised that the
staff. and commission will explore this possibility again.
Meeting adjourned 4:40 P.M.
Tape .recorded on Reel 844.
-
x'
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JANUARY 4, 1977
7:30 P.M.
Iowa City City Council, regular session, 1/4/77,
7:30 P.M., at the Civic Center. Councilmembers present:
Balmer, deProsse, Foster, Neuhauser, Perret, Selzer,
Vevera. Mayor Neuhauser presiding.
it was moved by Balmer, seconded by Foster, that the
following agenda items and recommendations in the Consent
Calendar be approved and/or adopted as amended:
Approval of official actions of regular Council meet-
ing of December 21, 1976, subject to correction, as
recommended by the City Clerk.
Minutes of the Mayor's Youth Employment Board meeting
of 12/13/76.
Resolution #77-1, as recorded in Resolution Book 38,
page 1, approving Class C Beer Permit application
for Southland Corporation dba/7-Eleven Store, 820
" First Avenue.
Y Letter from Raymond E. Morgan regarding traffic prob-
lems, referred to the Public Works Department.
Affirmative. roll call vote was unanimous, all Council -
members present.
Councilwoman deProsse questioned whether or not the
parking fine had been decreased in preparation of the budg-
et. The City. Manager advised that it had not. deProsse
advised that she favored decreasing the fine. She also
asked for the status of the memo concerning conflict of
interest which had been requested from the City Attorney.
Assistant Attorney Tony Kushnir will investigate. deProsse
- also questioned when urban'renewal consultant Don Zuchelli
would be in Iowa City again. The City Manager advised that
it would be sometime in January. Zuchelli had asked Council
to sit tight on any decision concerning the sale of the Col-
lege Block Building and the Dottie Dunn Hat Shop building
outside the parceling. The City Manager advised that Mr.
Zuchelli's position was that he does not recommend that
these parcels be sold separately, and he would ask Zuchelli
to put this in writing.
Councilman Selzer reported on the meeting that he and
City Manager Berlin held with Mayor Staab and Councilman
Breese of. University Heights concerning possible alterna-
tives regarding the services contract. Alternatives dis-
cussed were: (1) some way of University Heights coming up
with other income to pay their fair share, and (2) possible
•
Page 2 Council Activities
January 4, 1976
annexation. Selzer called attention to articles in the news-
papers concerning income from investment of city funds. The
City Manager pointed out that in FY 76 the City had earned
$144,000 by investing cash balances; however, this last year
the City has had negative daily cash balances. Other invest-
ments have earned over $400,000. Selzer noted that most busi-
nesses pay bills once a month and asked whether or not the
City should do this.
City Manager Berlin announced that the public hearing on
HCDA programs would not be held on the 11th but on the 18th,
as the Council will be discussing the Committee on Community
Needs recommendations on the 10th, and there will not be time
to publicize Council's recommendations. It was moved by Selzer
and seconded by deProsse that the public hearing on HCDA pro-
grams be held on January 18, 1977, at 7:30 P.M. Motion carried.
Public Hearing was held on the application submitted by
Ty'n Cae, Inc. to rezone 46.4 acre tract located east of Mor-
mon Trek Blvd. and north of the City limits from R1A to R1B
-Zone. -There were no interested persons present to speak for
or against the rezoning.
It, was moved by Selzer and seconded by Balmer to adopt
RESOLUTION #77-2, as recorded in Res. Book 38, page 2, AUTHOR-
IZING:MEMBERS OF THE CITY COUNCIL AND ADMINISTRATIVE STAFF -0F
THE CITY OF IOWA CITY TO PARTICIPATE AS NON-VOTING MEMBERS IN
THE IOWA, CITY CHAMBER OF COMMERCE. Affirmative roll call vote
was unanimous, all Councilmembers present. Councilman Balmer
commended the City Manager for opening dialogue again with the
Chamber of Commerce.
It was moved by Balmer, seconded by Vevera, to adopt RESO-
LUTION #77-3, as recorded in Res. Book 38, pages 3 and 4, AP-
PROVING AUDITOR'S PLAT N0. 32 SUBMITTED BY R. M. BOGGS, CO,
INC.: BUSINESS DEVELOPMENT, INC.: CAPITOL PROPANE GAS CO.,
INC.: DRUG FAIR: L. L. PELLING CO. AND WOLF CONSTRUCTION, INC.
Planning and Zoning Commissioner Jane Jakobsen was present
for discussion, noting that all parties had agreed with the
provisions. Affirmative roll call vote was unanimous, all
Councilmembers present.
It was moved by Balmer and seconded by Perret to adjourn.
Motion carried, 8:00 P.M.
CITY CLERK
Recorded on Reel #45
MAYOR
INFORMAL COUNCIL DISCUSSION
DECEMBER 13, 1976
1:30 P.M.
COUNCILM EMBERS PRESENT: Neuhauser, Balmer, dePro sse, Vevera, Selzer,
Foster, Perret (1:35 P.M.) ABSENT: None.
STAFFMEMB ERS PRESENT: Berlin, Hayek, Stolfus, Schreiber (Other Staff
later).
Mayor Mary Neuhauser presiding. The Mayor asked that each Councilmember,
list concerns to be discussed with Congressman -elect Jim Leach on
December 20th, so that an agenda may be prepared.
ZONING APPLICATIONS
Senior Planner Do.n. Schmeiser was present to explain the application for
rezoning of Ty'n Cae property contiguous and north of the City Limits.
There is also an application for a preliminary large scale residential
development, planned area development and preliminary plat combined.
>- These will be considered with the ordinance rezoning the tract. The
staff says. that the plat is acceptable and the developer had done a lot
of revision. Council will be setting a public hearing on the rezoning.
,
Mayor Neuhauser related a call received from Kent Angerer concerning
BD1. The City Manager advised that the staff has been instructed to
have a Resolution on the Council agenda next week approving the BDI
r
plat, recognizing that it is an Auditor's Plat and not a subdivision
plat. The Planning and Zoning Commission is appointing a sub -committee
to study Auditors Plats.
i'
`
In answer to Councilman Balmer's questions, Schmeiser explained the
Kennedy request for a C2 zone, Item 4a(3). The salvage yard is non-
conforming and there is a question concerning the expansion of the
explored
have toently
nbuildingnpermitt..irs, which
'
Presen Presill
when thent y come in for aith
property
bounded by M1 zone on the North, West, and East, and RIA to the South.
This entire area will be dealt with in the Comprehensive Plan review
process. Attorney Hayek pointed out a change in law provides that the
City does not have to bring the area in as RIA, but can bring in at the
zone they think is correct, after a public hearing.
It was pointed out that the vote by Planning and Zoning concerning the
denial of rezoning for the Hy -Vee was not a conclusive vote. The Planning
and Zoning Commission will reconsider the issue at their next meeting.
The City Attorney suggested that the Council Rules Committee, after
consulting with P&Z, could insert in the Bylaws the requirement that
each issue be viewed by a majority of the Commission, It was the consensus
of the Council to refer this idea to the Rules Committee.
• • Informal Discussion
Dec. 13, 1976
Page 2
City Manager Neal Berlin advised that the Court Street people would not
be coming to the Tuesday Council meeting.
AGENDA
Item #13, removal of parking stalls on Jefferson Street for a loading
zone, was questioned. It was suggested that meter hoods could be purchased.
As there could be two spaces removed already, the City Manager advised
he would investigate further.
Councilman Foster pointed out that Item 14 was a different matter. It
is a sight clearance problem. The Mayor noted that the southwest corner
of the Van Buren/Gilbert intersection also is a sight clearance problem.
Attorney Hayek advised that the contract for Perpetual Savings and Loan
is ready. There are no significant changes. The description of the
alley was clarified. Paragraph #13 was added concerning provisions for
the City to relocate and redesign the traffic signal box.
Councilwoman deProsse objected to referral to the City Manager of the
letter from Iowa Public Interest Research Group regarding the possibility
of convening a public hearing in Iowa City on Freeway 518, without his
first obtaining a Council recommendation or discussing it with Council.
The City Manager asked for direction. It was suggested that the hearing
was a'good idea, but would be more appropriate to do it after receipt of
the Area Transportation Study sometime in January. It was noted that
the D.O.T. had never addressed the points of opposition.
COUNCIL BUSINESS
Councilman Balmer suggested that the public hearing be scheduled on the
HCDA budget for January 12th, as requested in the memo from the City
Manager on December 9th, and set for discussion on the 20th. The City
Manager advised that it had been so scheduled, as Andrea Hauer would be
present on that day.
Mayor Neuha user called attention to the memo presented concerning the
concerns of Department Heads to be discussed with Congressman -elect
Leach. She asked if Council agreed with these and if there were additional
ones to add. These can be discussed at the formal meeting before the
agendaA s prepared. The Staff will meet at 10:00 A.M. on the 20th, and
the Council at 11:00 A.M. at the Highlander.
Regarding the City Manager's memo of December 10th concerning the City
participation in the Chamber of Commerce, Councilwoman deProsse commented
that the City should not be charging the Chamber for the maps. She
objected to the City being a paid member of the Chamber. From an ethical
standpoint, she noted that the City probably should not belong to organi-
zations that come down and lobby for or against particular items. The
City Manager stated that he thought there were benefits in the City
belonging. He agreed that they come down and proselytize for their
positions, but noted that it was more critical that the City proselytize
at the end for our positions, and this is one way that it can be accomplished.
• • Informal Discussion
Dec. 13, 1976
Page 3
Mayor Neuhauser advised that she serves as an honorary member of the
Board, having a voice, but not a vote. The Chamber understands what the
City position is. Council discussed staff members serving on the commit-
tees, or policymakers serving on the Coard, Councilman Pe rret objected
to the City as an organization formally being a member of Chamber.
Council suggested that the staff serve as liaison. Councilman Selzer
suggested examining the basic purpose of the Chamber of Commerce, the
betterment of Iowa City. Councilwoman deProsse noted conflicts of
interest, such as the Chamber's strong position on Freeway 518. The
City Manager stated that the question of voting was immaterial, he was
more interested in having staff people or Councilmembers participate in
various committees, so that there is the viewpoint of the City being
expressed and considered in the activities of the Chamber. Concern was
expressed that staff members are not formulating policy at early stages,
where it is not reflective of the City point of view, which would be the
City Manager's responsibility. Mayor Neuhauser asked that a resolution
be prepared reflecting the exchange of maps for non-voting participation
be prepared. This would become a matter of policy which could be changed
if future Councils wanted to.
Councilman Perret suggested having an informal Council meeting out in
the community at certain stated times, once a month or every two months,
etc He would like to discuss this later. Mayor Neuhauser questioned
when the evaluation of the City Manager was scheduled. The evaluation
is on the informal agenda next week, December 20th, 3:15 P.M. to 4:15
P.M: The follow-up session on goals is being worked out. The Mayor
also suggested that time be provided concerning discussion of time study
as requested by Councilman Selzer.
Councilman Selzer questioned why, on page 2 of the Budget Amendments,
Expenditures and Sources of Funds, under Source of Funding for health
It sas FundRoadrance umsTax? pTheiCity Manager explaBinedmce thatntheoHighwayUseTaxDepartment's of
expenditures in traffic are supported by road use tax, so they would be
legitimate expenditures.
Councilman Selzer also called attention to the memorandum concerning the
lack of requirement for the Iowa City School system to comply with the
Tree Ordinance, and suggested that the Council write a letter to the
School District suggesting that altho they are not required to comply,
that they are made discussed the matter Wwith Barbara are of the eTirtmermansof Mayor
eoNeuhauser
School Board.
Concerning the letter from Donald Appell, Councilman Selzer suggested
having him come in and make a presentation on the State Building Code.
The concerning the t City eproblems r asked twith hat tit, he sand ithen be adecide if presentllowed to presentat on isrst
needed.
URBAN RENEWAL
Don Zuchelli and Scott MacDonald of Zuchelli, Hunter 6 Associates were
presenGt for the discussion,
Other City staff members present were:
raves
• . Informal Discussion
Dec. 13, 1976
Page 4
The Mayor noted that Mr. Zuchelli would be discussing what to do with
the streets, and presenting his recommendations. Zuchelli noted that
there were several critical points of decision and he would like Council
to respond to this one today or tomorrow with a decision. His recommen-
dations were in four functional levels of action listed as follows:
1. Abandonment of street right-of-way. Vacation and disposition of
land right-of-way has been done on Capitol Street from Court to
Burlington. The area between Parcels 83 and 84 would be total
abandonment. There might be easements for utilities, but no vehicular
access traversing on surface thru the area.
2. Emergency vehicles only. Mainly fire and police, no buses or
taxis, but vehicles to maintain service. This will be on College
from Madison to Capitol, the treatment of this area will need no
public expenditure of funds. Also on College between Clinton to
Linn, with significant public costs in building a permanent pedestrian
mall on College. There are some peculiar service needs that will
have to be met on College, just off Clinton.
3. No private auto use. Can be used by transit and taxi, on Washington
from Clinton to Capitol, to be used as assemblage point for transit,
and on Dubuque from the alley north of the Hawkeye Bank to Washington
Street.
4. Limited Access. No thru traffic, but allows destination of private
autos to on-site or contiguous -site uses. This will be on Capitol
from Burlington to Washington.
i Except for the portion on Washington from Clinton to Madison and College
from Linn to Clinton which are not now in the urban renewal plan as
adopted: (For these, Council will have to go thru the public hearing
and adjustment of the re -use plan). All the others are compatible with
the existing urban renewal plan or past Council action.
Mayor Neuhauser asked if any Councilmember had any difficulty with Level
NI. There were no objections. Zuchelli advised that concerning level
N2 there were certain 1 egal implications and environmental considerations.
He advised that Council could close College from Capitol to Madison and
convey to the University, and to use this as a trade-off in other dealings.
Councilman Selzer called attention to the problem of access to the
east/west alley in Block 81. He suggested that the ly block on Dubuque
between Washington and the alley be recessed down the same as discussed
for College Street. G 1 aves advised that all interfaces where there will
be a transfer from one type of treatment to another will be a part of
the design solution the staff is seeking.
Zuchelli stated that the staff would have to design and place in the
program the ability to encourage pedestrian movement traversing thru the
building toward College. He stated that auto service related access
movements will be coming off Capitol. Also if the City closes the
streets as proposed, the traffic can be handled. He suggested looking
E
S
•
Informal
Discussion
Dec. 13,
1976
Page 5
at Washington as a logical exchange point for transit. It would not be
possible to close Iowa Avenue Bridge; with this system proposed, it
would reinforce its use. There could be some leakage of traffic onto
Washington from Capitol to Clinton. Closing of Washington from Capitol
to Madison will depend on requirements for transit. Clinton will be
two-way until traffic volume reaches design capacity. It will not be
likely that there would be parking on Clinton.
Director of Public Works Dick Plastino commented that the several traffic
reports already done cannot possibly answer the questions Council is
asking. He stated that if Council had a range of 1 to 10, on facts and
information to help make a decision, and H10 was where you know every-
thing and #1 was where you know noting, all these reports, at the very
best, would put you in a range of 5-6-7. Council would know some things,
broad generalizations. The more you take these reports and the further
you try to push them to telling you everything about street closures,
the less factual they are going to be. A decision process that has
worked in the past is as follows: Step A. Council makes a decision
about street closures. Step B: Council asks consultant or staff, "Can
traffic bererouted acceptably?" He thought the computer study (ATS)
was the best one, the counts were as rational as any. He noted that if
Council does these street closures, and he thought they were good ones
and Will work, he saw two things happening. Clinton will have to go to
one-way sooner or later, and Madison will be a major traffic carrier.
He suggested adding left -turn lanes on Gilbert/Burlington, which would
necessitate buying the service station. He would advocate shutting off
Dubuque north of Washington.
Zuchelli stated that the Staff had recommended the best plan they could.
and asked Council to adopt the Resolution which would, A) vote to proceed
with the four functional levels of service and the streets they represent,
and B) to authorize the City administration to interview and bring to
Council for approval, the retaining of an architect engineer from State
of Iowa to work with Halprin & Associates to undertake the construction
drawings for the public improvements that are envisioned on College and
Dubuque.
Dick Gibson spoke as a representative of the University. He noted that
the proposal is almost identical, with one exception, to their proposal
of two years ago. Their design for Lindquist Center II depends on what
happens to College Street, They prefer to have it closed, but open as a
pedestrian linkage to the River, but would like to look at it from a
functional level. Their planners had suggested that the North h of
Capitol Street be closed to al l vehicles, to strengthen pedestrian
orientation. Their planning recognized the need for vehicular access to
the west sides of Blocks 83 and 84 for both service and parking ramp
access, at a minimum, and one suggestion they would be happy to consider
would be that the South � of Capitol Street be dislocated to the west on
some of the land they have bought under urban renewal for a pedestrian
thoroughfare to parallel Capitol Street. They had no solution to the
problems of interface between the Pentacrest and Block 84 and basically
were comfortable about the way City planning is going there.
. • Informal Discussion
Dec. 13, 1976
Page 6
Gibson advised that concerning Madison Street, they were not asking for
'the closing of the Iowa Avenue Bridge. He pointed out that as far as
the University is concerned, their response would be that we are back
about four years now in the discussions, when the Madison Street first
issue came up. Zuchelli advised separating the Central Business District
traffic under the urban renewal plan and overall circulation issues. He
did not think that the staff recommendations made justified resolving
Madison between the City and the University at this time. He did not
want to damage the marketability of Blocks 83 and 84 by arguing about
the circulation problems. Gibson stated that they did not consider the
Madison Street issue closed at this time.
There were no objections to moving the functional classification to
Level #1 for College Street between Capitol and Madison, if the University
makes an interesting offer that the City could not refuse.
Concerning Level #3, Staff will look at, in the technical design, limited
leakage coming thru in both directions off Capitol and Washington.
_ Council discussed ways to control leakage. Zuchelli noted that the
Washington Street right-of-way would have to be used to resolve the
demands of transit, with some CBD leakage. There was a consensus to
have Washington Street from Capitol to Madison as Level #3, along with
Capitol Street. Clinton would not be used as a transit terminal.
Councilman Selzer suggested looking at other alternatives for the buses.
There, were not four votes to send the transit study back to the staff
for further study. There were no objection to Zuchelli's suggestion to
designate the two -block area on Washington as a Level 3-4 service, with
emphasis on 3.
Zuchelli suggested that a Level 3 would be a better designation for
Dubu ue The alley between Blocks 65 and 81 will not be terminated,
9
when. crossing Dubuque. Attorney Hayek commented that after adoption of
the Resolution as requested, public hearing will have to be set on the
change of the urban renewal plan. There were no objections to the
Mayors statement that Dubuque would be pedestrian transit with loading
if necessary. Council and staff discussed the need for availability of
an architect for daily supervision of the construction job.
Zuchelli pointed out that there are four potential re -users of the
College Block Building. Those incurring costs are doing so on a speculative
basis. He asked that Council examine the implications. We have not
determined within the public right-of-way or public lands, the exact
character of the focal point at Dubuque and College. Structural load
questions will have to be resolved. He en visoned selling the vacant
land with the College Block Building. There are four disposition packages;
we are creating local investment options within those packages, and it
would be contrary to Council's policy if they unilaterally pulled one
out because there are four opportunity users today.
Scott MacDonald advised that he would contact the people who are having
the time problems and try to work our somthing within the normalized
disposition schedule. Zuchelli said that some of the investors would
rather see the building torn down than recycled and question its architectural
•Informal Discussion
Dec. 13, 1916
Page 7
significance. The City Manager noted that the City's public policy is
and will be to preserve the building. He noted that the Council had
discussed the possibility of putting some of the parcels on the market
before hiring Zuchelli. Consultant Zuchelli recommended not allowing
disposition of College Block Building, or Dottie Dunn parcel. Glaves
recounted his actions concerning disposition of this parcel. The City
Manager noted that the staff would work up some information on the
problem.
Mayor Neuhauser asked Mr. Zuchelli for an explanation of why there would
be less development than contemplated, as he had advised the businessmen
at the breakfast. Zuchelli called attention to the fact that if the
_ amount of diversion of existing sales from existing competitive operations,
his concern is that it is public policy to not encourage development to
such a density, that you create profitability, ability to maintain
properties and encourage disinvestment in existing non -renewal property.
He stated that information would be available on how many public dollars
to spend to protect the existing tax base as well as to move to create a
new tax base. From 10 to 1 down to 6 to 1 factor is a measurement to
balance the public investment to get private reponse. Glaves advised
that the Attorney had insisted that the purchase sequence be identified.
` MacDonald stated that the way the budget is set, the City can buy all
the parcels but the super -block. Zuchelli commented that when they come
t up with the financial plan by February, he is hoping to come up with a
' way to leverage 83 and 84 out, as well. He stated that the acquisition
sequence does not have anything to do with the disposition sequence.
Zuchelli advised he would be back in January. The staff and consultant
will be setting parameters for the architect tonight. Several key memos
on marketability will be submitted to Council. He stated that generally
all is, on schedule. He noted that he will be meeting with the Library
' consultant within the month.
wn ,
Concerning the development of the post office, he advised the City
Manager on action Council should look into. Under an Executive Order,
they may release the facility at no cost.
It was moved by deProsse and seconded by Foster to go into executive
session to discuss appointments to boards and connissions. Upon roll
call Balmer, deProsse, Foster, Neuhauser, Perret, Selzer and Vevera
voted 'aye". Motion carried, 7/0 .
The meeting adjourned at 5:20 P.M.
This meeting is recorded on reel N42.
MINIITHS
IOWA CI'T'Y BOARD 01: ADJUSTMIiN'I'
NORMBER 11, 1976 -- 3:30 P.M.
CIVIC CrNTER COUNCIL CI IAMBI:RS
MEMBERS PRESENT: Dickens, Fowles, Malcolm
MEMBERS ABSENT: McBride, Goedken
STAFF PRESENT: Schmeiser, Kushni r, Child
•
Acting as Chairman, Malcolm called the meeting to order and asked if there
were any corrections or additions to the minutes of the meeting held on
September 29, 1976. A motion was made by Dickens, seconded by Fowles, to
approve the minutes as written. The motion carried unanimously.
V-7607. Application submitted by Gene Kroeger and E. L. Galer for a
parking variance in Section 8.10.25 of the Zoning Code; date filed: 7/20/76;
deferred: 9/29/76.
Mr. Gene Kroeger explained that a variance in the Zoning Code was requested
to reduce the required number of parking spaces for property located at
805 First Avenue from one space per 100 square feet of floor area to one
space per 175 square feet of floor area. The number of parking spaces
required by the Zoning Code are more than needed, Mr. Kroeger said.
'Pony Kushnir, Assistant City Attorney, stated that a variance should be
based on a unique hardship. Board member Fowles noted that the hardship
would not seem to be an individual hardship but, rather, prevalent throughout
the zone. Chairman Malcolm stated that the spirit of the ordinance would
be met if the zoning ordinance were to be amended in the future to establish
minimum parking requirements by use rather than according to zone.
Don Schmeiser, Senior Planner, noted that the Towncrest area was zoned C1
at one time but was later rezoned C2 because of the parking requirement.
Board member Dickens asked whether there were any other alternatives to
remedy the parking problem, Mr. Schmeiser stated that (1) a revision could
be made to the Zoning Code, or (2) the property could be rezoned.
After further discussion, a motion was made by Dickens, seconded by Fowles,
to grant a variance in Section 8.10.25A.16(a) of the Zoning Code to reduce
the required number of parking spaces for property located at 805 First Avenue
from one space per 100 square feet of floor area to one space per 175 square
feet of floor area, contingent upon the establishment of a retail use other
than a drive-in facility or a supermarket or grocery store.
A vote was taken: Dickens -yes; Fowles -yes; Malcolm -yes; Goedken-absent,
McBride -absent. The variance was granted.
-------------------------
A motion was made by Dickens, seconded by Fowles, to recommend to the
Planning and Zoning Commission their urgent consideration of revising
parking regulations in the CII Zone.
79
(9 .i
CITY CONFERENCE BOARD f"EETING O
JANUARY 11, 1977 HA
7:30 P.M.
Mayor Neuhauser called the City Conference Board Meeting
to order at 7:30 P.M. as there was a quorum. It was moved
by the City, seconded by the County, to approve the FY 78
budget. Motion carried unanimously. It was moved by the
City, seconded by the County, to appoint Victor Belger as the
City Assessor for a six-year term. Motion carried unanimously.
The City moved, and the County seconded, to adjourn the meet-
ing. Motion carried.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JANUARY 11, 1977
7:30 P.M.
The Iowa City City Council's regular meeting of 1/11/77
was called to order by Mayor Neuhauser. Councilmembers pres-
ent: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer,
Vevera.
Wayne Begley, 804 Ronalds, appeared and presented maps .
and noted general concern about development taking place on
the -north side. He called attention to apparent illegal pro-
cedure and development regarding a rezoning in 1967 covered by
Ordinance 2425. City Attorney Hayek advised that it was in-
appropriate for him to comment on the issue, but someone in
the legal department could report. Marsha Linder, 830 Ronalds,
and Mary Ellen Aycock, •530 Ronalds, appeared concerning their
problems. The City Manager stated that he would dixerpt an
assistant attorney to investigate and report. It was moved
by Foster'and seconded by Perret to receive and file the maps
presented by Begley. .Motion carried unanimously.
Robert Welsh, 2526 Mayfield Road, presented a .letter on
changes he is suggesting for the model traffic ordinance, and
voiced appreciation for Page 10 in the Budget regarding dupli-
cation of governmental services. IIe also requested a supple-
ment to the budget concerning personnel, showing the number
of positions in each area, with salaries, with a 5 -year com-
parison.
It was moved by Selzer and seconded by Foster that the
lotter from Welsh be received, filed, and referred to the
Public Workc Department. Motion carried unanimously. �Z
Mayor Neuhauser questioned if anyone was present for the
hearing on HCDA which had been rescheduled to January 18th.
There was no one present.
0 0
INFORN L COUNCIL DISCUSSION
JANUARY 13, 1977
7:10 P.M.
INR RHAL COUNCIL DISOJSSION: January 13, 1977, at 7:10 P. If. in the
Conference Roan at the Civic Center. Payor Pro Tam deProsse presiding.
ID[DBERS PRESENT: Balmer, deProsse, Foster (7:35 P.M.),. \'euhauser
(8:15'P.M.), Perret, Selzer. ABSENT: Vevera.
Mly1BERS PRESENT: Berlin, Miller, Kraft, Showalter, Vitosh, Morgan,
Schreiber, Brei, Keating, Jones, Eggers, Stolfus, Higdon.
City Manager Neal Berlin requested an executive session after the meeting
to discuss property negotiations and personnel. He also advised receipt
of a letter from Terry Fritz, DDT which advises that the City's applica-
tion for transit assistance. will go to their commission on the 25th. It
includes $86,627 for general operations, $20,730 for capital items,
$60,000 for handicapped and elderly service. He was told that a request
for night service probably would not have been honored.
.The City Manager distributed the following material: Carments frau
Councilman Vevera on the Capital Improvements Program and budget cuts;
List of Block Grant Administration personnel for FY78; Letter frau
Letter from Sgt. Harris concerning Pols -..xp�er Pocytdget; and
Revenue Sharing funded Capital Outlay. In the total for FY78, there is
$520,000 of Revenue Sharing. In the General Operating Budget there is
$259,108, divided between Youth Services, $75,000; Regional Planning,
$62,000; and $122,000 to the different departments as shown on the
handout.__
The City Manager pointed out that the discussion would start with the
proposed additional service charges for the garbage pickup and landfill.
Ile suggested trying to resolve the major issues of the budget first,
then the other things will fall in place. The issues were (1) whether
or not to have the landfill and garbage charges, or to cut the budget,
(2) to resolve how revenue sharing will be allocated, and (3) the extent
of the CIP.
Councilman Selzer reiterated his opposition to the landfill charges to
individual homeowners, as it is not based on a volume of use, and it
should be a basic service provided to citizens frau property tax funds.
Councilman Balmer agreed. Councilman Perret recalled the suggestion for
a fee based on a percentage of the water/sewer bill. for each family.
Payor Pro Tem deProsse asked for suggestions of areas in the budget
funded by taxes where cuts could be made in lieu of the landfill charges,
($300,000). Councilman Balmer noted that he considered landfill a
higher priority than klass Transit Transit has a $408,000 property tax
allocation, (compared to $119,500-IY77) and he suggested putting some
5
• • Informal Discussion
Jan. 13, 1976
Page 2
revenue sharing back into Transit, and reducing property tax. The City
Manager pointed out that if there was a consensus to put additional
revenue sharing into general operating budget to alleviate the property
tax squeeze so that the Landfill charge could be reduced to have no
charge, then Council is talking about the $260,000 balance that the
budget reccmrends go toward the CIP projects. This would further reduce
those projects. Costs for mass transit, and for not having mass transit
was discussed. Councilman Foster arrived, 7:35 P.M.
Councilman Perret called attention to the Local Option Taxation, now
before the Legislature_ Councilman Selzer discussed asking the staff to
cut an average of 5% from each budget. On the proposed $7,180,000
budget this would amount to $350,000. He said this %mould eliminate the
need for charging for refuse pickup, and the City Manager, Staff and
Department Heads are in a better position than Councilpersons to say
what they could get along without. The City ?danger asked if Selzer
would accept priorities of the cuts made by Staff, and Selzer replied
that he would. Councilman Balmer expressed concern that the citizens
would reject any bond issues if a charge is imposed, as it Mould be like
raising taxes. The City Manager explained the futility of trying this
procedure as experienced by previous Councils. He noted that he did not
hear a majority of Council saying that there is a consensus that the
cuts should cane out of the Near Necessities, and asked for Cotmcil
direction. Programs not identified as Near Necessities or Necessities
were mentioned as Legal, Boards and Commissions, Commnity Development,
Human Relations, City Clerk, City Manager, Finance and Public Works.
The City Manager stated that in most of these functions, to reduce the
budget would be to reduce personnel, as a higher percentage of those
budgets are in personnel than those in line departments.
Councilman Selzer also suggested looking at the areas where there is the
greatest increase in expenditures from estimated FY77 to proposed FY78,
and mentioned mass transit, planning, police and co munity block grants,
code enforcement, library, finance, anirrnl shelter, and recreation.
Council then discussed the allocations for mass transit; personnel
increases dictated by union contracts; provision for handicapped and
elderly; the expanded services of FY77 (free bus for elderly, Wardway
Route, Saturday service), maintenance of headways all day. Mayor Neuhauser
arrived, 8:15 P.M., and presided over the remainder of the meeting.
Councilwoman deProsse stated that cuts of personnel and service are
Council's responsibility. COuncilnan Balmer commented that he wanted
Aid to Agencies to stay the same as last year. Councilman Perrot Suggested
discussing the individual budgets of the departments. Councilman Foster
tormented that Council cannot do anything about the labor contracts.
Mayor Neuhauser suggested considering a landfill charge, but not a
garbage charge, noting this was her preference. If four eouncilmembers
want the fee, then cuts in the budget can be looked for. Mother suggestion,
if they are in the property tax area, they can be subtracted .from the
costs for garbage fee. Councilman Foster advised that sanitation should
be self-sufficient like water and sever.
Mayor I�-uhauser asked where cuts should be made. Counc Urnan Selzer
suggested Mass Transit, $60,000, but this might oma uuL of State Assistance;
and Current Planning $67,000. 1'hi.s is Code Enforcement, `Wo, and current
�J
• Inf'onral Discussion
Jan. 13, 1977
Page 3
planning, 2 3/4 people, as explained on page 48. .',M67, 000 is allocated
to Johnson County iiegional Planning C( mission (not counting $27,000 ror
a Human Needs Study-RCDA) in Aid to Agencies, is Revenue Sharing, which
should be allocated to other areas in the operating budget. If one
person was eliminated in the Current Planning, it Mould amount to $15,500.
The City Manager commented that Council could take $259,000 from revenue
sharing balance and put into garbage collection and reduce it accordingly.
Councilman Selzer suggested taking all the decreases in service options.
The Mayor cannented that some of the revenue sharing could be taken out
of the central equi-pnent project.
CAPITAL IMPROVVEI ENM PROJECTS
After a five minute recess, Council started the discussion of the Capital
Improvement Projects, page 145 in the Budget. The City Manager stated
that there are three alternatives for funding these: (1) Issue G.O.
Bonds, (2) Go to the Public with a referendum, or (3) use $259,000 in
Revenue Sharing.
Administration, Civic Center Air Conditioning - funded_
Parks and Recreation, Mercer Park Service Building - deleted (was #1
priority of the Commission).
Parks and Recreation, Willow Creek Tennis Courts - deleted.
Parks and Recreation, Continued Development of New Parks - funded, but
portion of sentence reading, "and for early development of new parks not
owned by the City at this time." deleted.
Recreation Center Addition - deleted.
Parks and Recreation, Hickory Hill Park Shelter - The City Manager
advised that there were balances in this year's HCDA funds to do this.
There was no objection by Council, if these funds are used.
Parks and Recreation, Softball Complax - deleted.
Parks and Recreation, West Side Swimming Pool - deleted.
Parks and Recreation, Riverfront Project - RCDA will not be allocated
for this, BOR funds being investigated. Showalter advised that out of
Iowa City's $.50,000 maximum, two applications, one for shelters at
Willow Creek and Wetherby Park (will supplement HCDA funds), and one for
purchase of the Schlaegel property adjacent to Hickory Hill will use
this allocation from BOR. If urban renewal money comes back the budget
can be amended.
Airport - 10 Unit T -hangar Project, 1979.
Library Building Project - 1979.
Public Works, Sunset Street Improvement - deleted.
• • Informal Discussion
Jan. 13, 1977
Page 4
Riblic Works, Norman Trek Blvd. Improvement - Cunded.
Public Works, Mburt StreoL Reconstruction and InLersection Improvement -
switched to 1979, and substituted in its place, the Keokuk Intersection
project.
public Works, Asphalt Resurfacing Project - Council discussed also using
any additional RUT allocations from the State. Funded.
Public {Yorks, City Bridge Repair Project - a report from Director of
Public Works will be forthcoming. Funded. A11 MUS funding is allocated
thru 1977, 1978, and 1979.
Public Works, Equipment Repair Facility - The City manager suggested a
piecemeal project, taking revenue sharing for a 3 year period, revising
the way equipment replacement is funded, taking the value of the water
operations building on Gilbert Street, and taking the value of the bus
garage eventually. There might also be some MTITA funding for a bus
garage. There was consensus to do the project piecemeal, so the City
Manager will cane back with procedure. He noted Council would have to
commit revenue sharing.
Public Works,
Keokuk/Highway 6 Intersection Improvement - switched to
1978.
Public Works,
Sycamore and Highway 6 Intersection Immprovenent - is
underway in EY77.
Public {Yorks,
Riverside and Benton Intersection Improvement - funded.
Public Works,
East-West One Way Couplet Project h`2 - 1477.
Public Works,
Landfill Access Road Immprovenent - deleted.
Public Works,
Energy Conservation Study - 11MA funds.
Public Works,
Asphalt Street Sealing Program - funded.
Public Works,
Waste Water Treatment Facilities Improvement - funded.
Public Works,
Muscatine Avenue Improvements - Prior to FY78. Funded.
Public Works, River Corridor Trunk Sewer Irrprovenent -(No federal funding
for trunk sewers) The Mayor asked if there would have to be a referendum.
The City Manager will get more information.
Public Works, Pollution Control Plant Asphalt Surfacing Project -
deleted unless recycled asphalt can be used.
Public Works, Pollution Control Maintenance Shed - deleted.
Public Works, Water hfain Extension Project - funded, if property annexed.
lJ
Informal Discussion
• Jan. 13, 1977
Page 5
Public Works, Two --Inch Water Main Replacement Project - funded.
Public Works, New Subdivision Oversized Water Main Installation Project -
funded.
Public Works, Water Main Loop Tie -In Project - funded.
Fire, Training Tower - 1982.
Police, Animal Shelter Replacement Project - Hold for participation with
the County.
Police, Station Remodeling - deleted if a Joint Law Enforcanent Center.
Police, Outdoor Firing Range - should also be done in conjunction with
the County. Alternatives suggested.
Ccnrunity Development, Ralston Creek Flood Control Project - funded.
Community Development, Old Post Office Renovation, Senior Citizens -
funded.
Community Development, Happy Hollow Park Expansion - for storm water
detention, funded.
Community Development, 'Old Brick' Rehabilitation Project - deleted.
Community Development, Urban Renewal Land Acquisition - funded.
Council decided to discuss City Manager, City Clerk, City Attorney, and
Human Relations Department budget on Monday, and to not schedule more
meetings.
It was moved by Foster and seconded by deProsse to go into executive
session to discuss property acquisition and personnel. Upon roll call
Balmer, deProsse, Foster, Neuhauser, Perret and Selzer voted 'aye'.
Motion carried, 6/0. Vevera absent.
The meeting adjourned at 10:00 P.M.
This 'meeting is recorded on Reels #76-46 and 77-1.
0 0
INFORMAL COUNCIL DISCUSSION
JJ%N''UARY 17, 1977
1:30 P.M.
INFORNiAL COUNCIL DISCUSSION: January 17, 1977, at 1:30 P.M. in the
Conference Room at the Civic Center. Mayor Pro Tem deProsse
presiding.
COUNCIIDIaiBERS PRESENT: deProsse, Selzer, Balmer, Poster, Perret (1:40 P.M.),
ABSENT: Neuhauser, Vevera,
STAM,IBIBFRS PRESENT: Berlin, Stolfus, Schreiber, Vann.
ZONING APPLICATIONS
Senior Planner Don Schmeiser present to discuss zoning applications for
Peppenaood Addition, Makada Subdivision, Hawkeye Heights and Hy -Vee.
Concerning Peppenaood Addition, the problem with the drainage ditch was
discussed, along with the memo from the engineer. lie stated that Council
should not accept the preliminary plat until this is resolved. Schmadeke's
memo concerning the sanitary sewer was noted, and if the subdivision is
kept to under 183 lots, there will be no problem. One foot of water
depth in the streets is proposed for storm water detention. Councilman
Perret arrived, 1:40 P.M. The rezoning and subdivision will be considered
together. Public hearings will beset on the rezoning at tomorrow's
meeting.
The Makada Subdivision, outside City Limits but under our territorial
jurisdiction, is east of Sycamore Street extended east. Ile suggested
requiring an assessment waiver for installation of water maifis when the
final plat is submitted, as all homes have well water now, and are
outside the City Limits. There is a lagoon for sewage. The City has a
street naming classification procedure to be followed in the naming of
streets, so several name changes are shown.
Regarding Hawkeye heights, he noted that it is north of the Mark IV
complex, for multi -family development. The Fly -Vee people will be coming
in with another location which is south of the Highway G Bypass on Sand
Road. The P $ Z abstention vote was questioned, and Mayor Pro Tem
deProsse commented that if in a person's mind there is a conflict of
interest, Council should respect that.
AGENDA
The appointments to the Committee on Community Needs will be deferred
until Mayor Neuhauser and Councilman Vevera are back.
City Attorney Hayek pointed out that Council could discuss the matter
that is scheduled for executive session at open session if they desire.
The Attorney and contractor will he here at 4:00 P.M. to discuss a
building code violation at 132 North Dodge Street.
0
• • Informal Discussion
.Lan. 17, 1977
Pagc 2
Councilwoman dol'rosso pointed out that she will hereafter use the word,
'misdirected' instead of 'stupid'.
City Manager Neal Berlin called attention to the letter from the Lown
City Fence Co. from Phil Carey, and presented pictures of the problem.
He explained the order asking for removal of the barbedwire. Carey has
asked the the ordinance be amended.
PRCIIECT GREEN PROPOSAL
Nancy Seiberling read their statement proposing two projects for 1977,
and presented cost estimates for: (1) the first phase of project at
southern entrance to Iowa City on Highway 218 south of the intersection,
and (2) on Washington Street from Van Buren east to Muscatine Avenue.
On Highway 218 project, Project Green would provide plant materials for
a portion of. Sturgis Ferry Park and City right-of-way at the two southern
corners of the intersection of 6 and 218 and for the airport entrance.
They would be responsible for watering for two years. This plan has the
approval of the Riverfront Commission and Parks and Recreation Commission.
For the Washington Street project Herman Thompson of Marion was selected
as landscape architect. The plan has been reviewed and approved by the
Parks and Recreation Commission and the Committee on Community Needs and
the City Staff, and the expectation is to use HMA funds. Project Green
will plant the medians and parking and will water trees on the parking
for two years, the City to water the medians. Project Green's costs
would be $18,000 for the design and watering. City costs would be
'$25,403, level I which could be paid for from federal funds in Neighbor-
hood Site Improvements in the rehab project. The City would build the
planting beds in the medians (3) and water them. Project Green would
plant and build a sitting area at the NE corner of Washington/Governor
intersection.
Thompson presented the preliminary site sketches. There are three
levels of construction potential. Level 2 included improvements at the
intersections and on the sidewalks, at a cost of $62,581 for the City
and Level 3, a retaining wall at the North on College Hill Park, City
cost of $52,486.
All Councilmembers present supported Level #I, and the Committee on
Comnunity•Needs will hold neighborhood meetings to get their reactions.
The staff has some questions concerning plantings at the park, and this
will be worked out.
BUDGET
City Mina er
nervations made included: (1) Family coverage for Blue Cross -
Blue Shield costs the City $806.40 a year for each family. (2) 'rho
rate for life insurance is doin because of the City' . good experience.
(3) In 7270, Food for Consumption, this amount was deleted and $100
added to the same area in Camcil's budget. (4) In 6130, temporary
employees, the funding is to provide replacements for vacations and
illness. (5) To decrease word processing by 108 stould be to eliminate
the word processing person. Attorney Hayek commented that this
• • Informan Discussion
.Jan. 17, 1977
Page 3
service is used also by their department. 'llhe City Manager stated
that severaL departments use this service in order to operate more
offectively and erriciently. 'lliere was no consensus to reduce.
(6) '1'o reduce 8310, travel, by $1,000. ft was pointed out that the
staff is maintaining the same level thru the entire budget. 'there
was no consensus to cut. (7) To reduce telephone bills overall.
The City Manager also thought that the phone bill was too high, and
had investigated going to private phone equipment. The City Manager
stated that if Council wanted to reduce travel area and telephone
area by 10%, to tell him to make changes there. Tom Eilers noted
an overall pattern of substantial increase in temporary employees.
Also differences in the increases of health insurance. Aid to
Agencies is in the Council's budget and will be discussed on Friday,
and Council's budget will be discussed then.
City Clerk
Concerning the option to decrease purchase of the file, it was
noted that it would decrease efficiency. The $25,000 is for the
primary and general Council elections. Codification is $12,000.
Publications are down with the new method of publication.
Legal De artment
e percentage of increase in salaries for permanent personnel was
questioned. Attorney Hayek cited the benefits in having experienced
assistants. Concerning 8160, he pointed out that the City is now
self-insuring on major liability, and claim investigating previously
done by the insurance company is now done by his department. There
has been an increase in the time given to Boards and Conmissions
for research and attendance at the meetings. Priority service has
been given to the human Relations Commission as previously judged
to be a priority item by Council, and one of the reasons a third
assistant was hired and he noted the need to work more in the
Planning and Zoning area. The staff will investigate budgeting
legal assistance for HCDA projects out of IICDA funds. i
Human Relations
—e ecrease option on reduction of personnel was discussed. There
is no option in the contracts on the level of Blue Cross -Blue
Shield that is paid for employees. In 8160, other professional
services covers special training courses for City employees, such
as with Steve Rynecki. This will also cover costs of strengthening
testing programs. Morgan pointed out a shift in the focus of
Affirmative Action, and getting into an employee assistance program,
as recruitment effort is under control. In 8160, the amount shown
as cut $2,000, should have been a cut of $500, with $2,000 remaining.
Temporary employees, 6130, is for work-study person to help compile
data. Funds for 8120, consultations, such as with Rynecki, have
been transferred to the Legal Department budget.
The City Kinager pointed out that plans are not rar enough along to
tie-in programs to the proposed mini -computer. Data processing is
used to compute costs for personnel services. Detailed computerized
lnronnation has helped in negotiations as to consequences or varlous
proposals. Use of temporary employees was explained.
• • Informal Discussion.
.Ian. 17, 1977
Page 4
V i mmce
Director Rosenciry Vitosh explained the workload in the purchasing
department which necessitates having two persons in the department.
It was suggested that the meter maids be paid out of the enterprise
funds for parking instead of the general fund. The City Manager
advised that the fines are put in the general fund, but he would
check with the City Attorney. Vitosh stated that she was looking
at a better way to reorganize the department, but had not been
there long enough to effectively assess the department. Water and
sewer are already on the computer, and computerization of traffic
tickets would be next. The $150,000 for the mini -computer would
include the computer and the programs. The planning is still in
the preliminary stages, but could extend to all departments.
Alternatives can be explored with the County and School District or
University. The kinds of responsibilities that work-study students
carry are not compatible with the needs of the Finance Department.
Termination wages of $65,000 are in year-end balances. Vitosh did
not recommend reducing the insurance reserve; some Councilmembers
did not think that $100,000 was enough. Comprehensive Liability,
8410, was increased because the police department has received
information that the National Sheriff's Association will write
Civil Rights coverage for all matters related to police protection.
All insurance is shown in the Finance budget, ,but the Airport in a
separate function, so its insurance is in :heir budget. The coverage
was discussed. In 8110, the yearly audit, costs were estimated too
low for FY77, so were upped for FY78. Council discussed changing
auditors and reasons for continuity with one auditor. McGladreys
did change the team leader in previous years. Postage has decreased
because of the bimonthly utility bills.
On page 36, in 8940, $4,690 needs to be added in to cover the
rentals for keypunch. In 9330 there is $10,000 for a microfilm
reader/printer and microfilming camera. The Clerk's reader/printer
can't be used for engineering plans. The proposed purchase would
be placed in the print shop and used by all departments.
Councilman Balmer asked if receipts of parking fines had been
tabulated as to the dollar parking fine figure, as he will. again
propose the $1 fine.
COUNCIL TIME
Councilman Balmer asked if the staff was working with the University
concerning the false fire alarms. If the University doesn't police it,
will thu City start charging them? The City Manager will check with the
Fire Chief.
City Attorney Ilayek advised that the lawsuit could he discussed In open
session. Ile noted that thu pproblem concerns onfurcement of the building
code at a O -plea at 132 North !lodge, owner h:m. R. Hunter. The building
does not have an accessible unit. He outlined the previous actions and
the problems. No occupancy pormit has been issued. Dick Phipps, Delta
Constniction, gave his version of the problem, as did John Sladek.
Kayor Pro "rem Carol deprosse stated that the City Attorney has authority
• • Informal. Discussion
Jan. 17, 1977
Page 5
to go ahead unless he is instructed otherwise. Hayek noted that absent
of instruction from the Council, he would proceed.
Jim Priaml called attention to an accident he had because water had
frozen on a street after a water -main break, and stated he could advise
his insurance company not to pay for the damages.
The meeting adjourned at 5:15 P.M.
The minutes of this meeting are recorded on Reel #77--1.
MINUTES OF OFFICIAL ACTIONS OF COUNCIL
JANUARY 20, 1977
The cost of publishing the following pro-
ceedings & claims is $ Cumula-
tive cost to date duringscalendar year
for said publication is $
Iowa City Council, special session, 1/20/77,
4130 P.M., at Civic Center. The mtg• was
called for the purpose of discussing the
>'proposed injunction concerning building at
:902 N, Dodge:
Councilmembers present were: Neuha u ser, de-
.Prosse, foster, Perret. Absent: Balmer,
- Vevera, Selzer. Mayor Neuhauser presiding.
City Mgr. Berlin reported that legal staff
had written a letter to Wayne Kempf. Atty.
Wm:'Meardon was present for the developers
and read,a letter they were sending to City
Mgr. 'It outlined; proposal to stop further
constr. on property subi. to 3',conditions.
City Atty.'Hayek pointed out that this gives
the City an' opportunity to work with devel-
opers to resolve the Large Scale Residential
.Dev.;question.. As to legality of the zoning,
=he -pointed out"'that as this may involve liti
gation; staff would discuss the matter with
Council in; executive session.. Wayne Begley,
Atty. Patricia Kamath,'& Mary Howsare were
present•for discussion.
The City, Mgr. explained that he had discuss-
`;ed.the 'matter. `with.Councilman Vevera &
Vevera agreed on method of dealing with LSRO.
.Atty..Kamath stated that Atty. Mea rdon had
_made,. what he feels is for his client, a
reasonable offer, & recommended acceptance
in the°spirit"in which it is offered, and
she would attempt to proceed with their
leg 1;remedies,'as,they discussed privately.
Co ncil decided to discuss the matter in
ecutive session Friday night. Ci ty Mgr.
will.. reschedule the budget agenda. Mtg. ad-
. Journed,'5:20 P.M.
A` more. complete' description of Council ac-
tivities is on file in office f City Clerk.
A ���� ••lft G LI to llu'v.
h1ARY CUNEUHAUSER
MAYOR
.ABBIE STOLFUSO
CITY CLERK
February 3, 1977
r
�nd�x n9n-u9a SPECIAL COUNCIL MEETING
JANUARY 20, 1977
4:30 P.M.
The Iowa City City Council met in special session on the
20th day of January, 1977, at 4:30 P.M. in the Conference Room
at the Civic Center. The meeting was called for the purpose of
discussing the proposed injunction concerning building at 902 1`9
North Dodge.
Councilmembers present were: Neuhauser, deProsse, Poster,
Perret. Absent: Balmer, Vevera, Selzer. Mayor Neuhauser pre-
siding.
City Manager Neal Berlin reported that, as instructed by
Council, the legal staff had written a letter to Wayne Kempf.
Attorney William Meardon was present for the developers and
read a letter they were sending to the City Manager. It out-
lined the proposal to stop further construction on the property
subject to three conditions: (1) it is necessary to close in
the foundations, and this will take two full working days, (2)
construction will not recommence until this matter is resolved,
or until the City is notified it will resume, which will be three
days prior to the time construction will commence, and (3) the
cessation of construction on a "voluntary" basis will not be
construed as having any bearing on any subsequent claim on -
damages. The Mayor voiced Council's appreciation for this pro-
posal.
City Attorney Hayek pointed out that this gives the City
an opportunity to work with the developers to resolve the Large
Scale Residential Development question. As to the legality of
the zoning, he pointed out that as this may involve litigation,
the staff would discuss the matter with Council in executive
session. Wayne Begley, Attorney Patricia Kamath, and Mary
Howsare were present for discussion.
It was pointed out that the staff has said that closing
in the basement was a reasonable request. Attorney Hayek noted
that he would participate in the discussions to the extent that
the Council wishes it. lie stated that he did not have a legal
conflict of interest, but felt it would be better if he did
not participate in the investigation. The City Manager explain-
ed that he had discussed the matter with Councilman Vovera and
Vevera agreed on the method of dealing with the LSRD.
Mary Howsare told of the acceleration of the work nt the
construction site, and t.hnt: they had bulldozed dirl ovor onto
her property. Another citizen explained that thin mat+-r•r might
determine the future of the whole north end. Begley requested
that P 6 2 do a full-scale review and called attention to the
23 letters prenonted at the regular meeting on the 18th.
r
Page 2
Special Council Meeting
January 20, 1977
Councilman Perre t expressed concern that if the proposal
was accepted by Council under those conditions that it did not
imply that the City approved of the construction. Attorney
Hayek stated that he didn't think that it did; and Attorney
Meardon said that in his considered judgment, that it did not,
at all, and further that his clients will be bound by his state-
ment. He noted that they are the "moving" party, not the City,
by their action to stop construction, and because of this, they
do not want to be penalized later if it turns out that they
were right all along, and the facts reveal that they have sus-
tained damages.
Attorney Kamath stated that Attorney Meardon had made,
what he feels is for his client, a reasonable offer, and recom-
mended acceptance in the spirit in which it is offered, and
'she would attempt to proceed with their legal remedies, as they
discussed privately.
Council decided to discuss the matter in executive session
on Friday night before the discussion on the budget. The City
Manager will reschedule the budget agenda. Meeting adjourned,
5:20 P.M.
MAYOR
CITY CLERK
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