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HomeMy WebLinkAbout1977-12-06 ResolutionRESOLUTION NO. 77-459 RESOLUTION OF SYMPATHY AND COMMENDATION WHEREAS, George J. Turecek has been an employee of the City of Iowa City for approximately forty-three and a half years, and WHEREAS, The City Council of the City of Iowa City wishes to express its sincere sympathy to the family of George J. Turecek, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the City Council recognize the meritorious service of George J. Turecek in the Department of Parks and Recreation over the past forty-three and a half years. 2. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to the family of George J. Turecek. It was moved by Balmer and seconded by Perret that the Resolution be adopted as read, and upon roll call there were: AYES NAYS ABSENT X Balmer _ x deProsse X Foster _ x Neuhauser x Perret _ x Selzer X Vevera Passed and approved this 6th day of ATTEST: L_ M y er December , 1977. i Mayor Pro Tem g1g7 RESOLUTION NO. 77-460 RESOLUTION of APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations, Randall's International, Inc. dba/Randall's Foods, 1851 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The city Clerk shall cause a recomaendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dpparbment. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre —Selzer evera AYES: NAYS: ABSENT: x x x x Passed this 6th day of Naramhar , 19 -U—* 1.S.J RESOLUTION NO. 77-461 RESOLUTION OF APPROVAL OF CLASS Lf -CENSE APPLICATION. SUNDAY SALE BE 17' RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Sales Permit application is hereby approved or a ollowing named person or persons at the following described location: Randall's INTERNATIONAL, Inc. dba/Randall Foods, 1851 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll ca ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 6th day of December 9 1977 y/ss v RESOLUTION NO. 77-462 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLZC�TTON BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveFTor the following named person or persons at the following described location: First Avenue Lounge of Iowa City, Inc./dba The Annex, 819 First Ave. Said approval shall be subject to any conditions I or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by --2f Parret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Ferret x Selzer x Vevera x Passed and approved this 6th day of December , 19 77 y1S.6 • RESOLUTION NO. 77-463 RESOLUTION AUTHORIZING THE CITY CLERK TO SET A PUBLIC HEAR- ING ON W01HER A BEER AND LIQUOR LICENSE ISSUED TO PZAZZ ENTERTAINMENT, LTD., d/b/a THE FIELDHOUSF, SHOULD BE REVOKED OR SUSPENDED FOR VIOLATIONS OF STA'1'F LIQUOR REGULATIONS. ME -REAS, on July 28, 1977, the City Council issued a liquor control license to Pzazz Entertainment, Ltd., d/b/a The Fieldhouse, for the purpose of selling or dispensing alcoholic beverages pursuant to state and local laws, and WHEREAS, pursuant to State law and municipal ordinances the City Council may suspend or revoke any beer and liquor license issued for violations of state and local laws, and WHEREAS, the Police Chief has alleged that Pzazz Entertainment, Ltd., d/b/a The Fieldhouse, has violated section 123.49(2)(b) of the Code of Iowa, 1977, by selling or dispensing alcoholic beverages between the hours of 2:00 A.M. and 6:00 A.M. on November 2, 1977. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TfiE CITY OF IOTA CITY, IOWA, that the City Clerk set a date for a public hearing on whether the liquor control license issued to Pzazz Entertainment, Ltd., d/b/a The Fieldhouse, on July 28, 1977, should be suspended or revoked; and FURTHER, that the City Clerk give written notice to Pzazz Entertainment, Ltd., d/b/a The Fieldhouse of said hearing. It was ;roved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x ABSENT: Balmer 'Ia ldo�7.7 x deProsse A lob e d, x Foster V C o e x Neuhauser x Perret x Selzer x Vevera Passed and approved this 6th day of December 1977. r Mayor Pro Tem ATTEST: ��h i r a'✓/ City Clerk RECFIVP,P & !.i'FROITT li 1 RESOLUTION NO. 77-464 RESOLUTION TO REQUEST FINANCIAL SETTLEMENT OF URBAN RENEWAL PROJECT IOWA R-14 WHEREAS, the City of Iowa City, Iowa, (hereinafter called the "City") and the United Stated of America, acting by and through the Secretary of Housing and Urban Development (hereinafter called the "Government") entered into Contract Iowa R-14, as from time to time amended, providing for an Urban Renewal Project identified as City -University Project I (hereinafter called the "Project"); and, WHEREAS, it is in the mutual interest of the City and the Government to now provide for the financial settlement of said Project; and, WHEREAS, under the Housing and Community Development Act of 1974 (hereinafter called the "Act"), Community Development Block Grant funds, together with Federal Capital Grant funds made available for the project which remain after provision for costs incurred, and unliquidated, contingent, or disputed claims or obligations, may be used for the repayment of project loans and interest and for other financial out- lays attendant to the financial settlement of the project; and, WHEREAS, the City through discussions, submissions of reports, and written communication has reported to the Government its intent to reach a financial settle- ment of the project using the provisions of the Housing and Community Development Act of 1974; and, WHEREAS, the project has been subjected to an audit and final project costs are now determinable; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOIVA CITY, IOIVA, AS FOLLOWS: 1. That the Secretary of the Department of Housing and Urban Development (hereinafter referred to as "the Secretary") is hereby requested to approve the financial settlement of the project of which this resolution is a part, and it is agreed that said financial settlement is subject to satisfaction of the audit exceptions with respect thereto. 2. That the Secretary is hereby requested to apply any unearned grant funds under the project to repay loans and to pay interest on said loans. 3. That the project is hereby determined to be financially complete in accordance with the requirements for substantial completion as defined in Title 24, Code of Federal Regulations, Part 58 (24 CFR 58.3) and as identified in Exhibit A hereof. 4. That the unsold land for which ownership is held by the City of Iowa City identified in Exhibit B hereof constitutes all remaining project property and that proceeds from the sale or lease of such property after financial settlement and any miscellaneous income received due to said settlement shall be treated as Community Development Block Grant Program income and programmed for eligible activities in accordance with the rules and regulations of said Program and said activities shall be carried out in accordance with Subpart J of Title 24, Part 570 of the Code of Federal Regulations. S. That the City shall continue an adequate level of code enforcement in the project area and continue to provide an adequate level of public facilities y/6 Res. 77-464 • -'-- • and services in such area so as to assure area stability and self - generating renewal. 6. That with respect to the properties identified in Exhibit 8 hereof, the City agrees to: a. Conform the use of said properties in accordance with the Urban Renewal Plan. b. Within a reasonable time after project financial settlement, begin improvements required by the project on any of said properties acquired by the City of Iowa City, Iowa, or its assignees for purposes of redevelopment. c. Subject any proposed reconveyance to those public disclosure require- ments of Section 105(e) of Title I of the Housing Act of 1949, as amended, otherwise applicable to local public agencies in the disposition of Urban Renewal project land to redevelopers. d. Prohibit discrimination upon the basis of race, color, religion, sex, or national origin in the sale, lease, rental, occupancy or other use of said properties or in any improvements erected or to be erected thereon. 7. That it is hereby determined that the project is not subject to Section 105 (f) and 105(h) of Title I of the Housing Act of 1949, as amended, because the Survey and Planning Contract for the project was approved by HUD on March 9, 1965, before the effective date of said sections. 8. That with respect to unpaid balances of executed contracts remaining after financial settlement of the project as identified in Exhibit C hereof, the City shall expeditiously complete all work represented by such balances in accordnace with the Urban Renewal Plan and that payment for any overruns in said work will be made from any legally available funds including Community Development Block Grant. 9. That upon payment of all eligible project costs as set forth in column (d) of Page 1 of the Certificate of Completion and of Gross and Net Project Cost of which this resolution is a part, any remaining balances in the project accounts shall be transferred to the appropriate accounts of the Community Development Block Grant Program of the City and the project accounts closed. 10. That the Secretary is hereby requested to make any Urban Renewal Capital Grant surplus remaining after the application of unearned grant to repayment of project loan and interest thereon available to the City's Community Development Block Grant Program to be used in accordance with the regulations of said, Program (Title 24 of the Code of Federal Regulations, Part 570). 11. That the City will complete all Relocation transactions identified in Exhibit D hereof which Exhibit sets forth an estimate of all remaining possible relocation payments and that any such payments are eligible Community Development Block Grant Program costs and sufficient funds therefor will be set aside in said Program of the City. 12. That the City will pay to eligible underpaid claimants, identified in Exhibit E hereof, out of its Community Development Block Grant Program Res. 77-464 -3 Funds any amounts determined by the Secretary to be due and payable as a result of project relocation underpayments. 13. That the City hereby agrees to provide out of Community Development Block Grant funds or other City funds payment for any costs or obligations in- curred or to be incurred in connection with execution, closeout, audit, relocation, completion of activities, property disposition and financial settlement of the project with respect to any claims, liens, or disallowances which have or may be filed or determined against said project. 14. That, under Urban Renewal regulations 7217.1, titles to the 18 modules into which businesses have been temporarily relocated are transferred to the City's Community Development Block Grant program at no cost to said program and that final disposition of said modules after they are no longer needed in their present use will be in accordance with the pro- visions of Attachment N of office of Management and Budget Circular A-102 (Uniform Administrative Requirements for Grants -In -Aid to State and Local Governments) . 15. All personal property held by Project Iowa R-14 is transferred to the City of Iowa City's Community Development Block Grant program, at no cost. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute those documents of financial settlement on behalf of the City of Iowa City, Iowa, as Local Public Agency, as may be required by the Government. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse x Foster x Neuhauser x Perrot _ x Selzer X Vevera Passed and approved this 6th day of December 1977• Q ATTEST: City Clerk Mayor Proei m rrr��lv�r ' T W3� • EXHIBIT A E S'rA'rliMr.N'r OF SIJBS'rAN7'IAL COMPLETION OF PROJECT NO. IOWA R-14 AS OF JANUARY 6, 1978 1. Site Improvements ($256,545) -- 1001 completed II. Demolition ($429,220) -- 98% completed; remainder under contract 12/14/77 I11. Residential Relocation (56 families, 402 individuals) -- 100% relocated IV. Non -Residential Relocation (101 units) -- 95% relocated; 5 units yet to be relocated V. Relocation Payments ($877,286, estimated) -- $817,389 paid; 93% paid VI. Public Facilities as Non -Cash Local Grant -in -Aid ($2,991,850) -- completed VII. Dwelling Units Not to be Demolished -- Not Applicable VIII. Land Acquisition ($9,188,988) -- completed IX. LandDisposition ($2,553,083) -- full amount sold or credited to project account with CDBG funds EXHIBIT B DISPOSITION PARCELS IN INVENTORY PARCELS SQUARE FOOTAGE USE RE -USE VALUE 64-1 39,000 Motel B Commercial $170,000 65-2 7,280 Commercial 78,000 65-4 27,450 Commercial 155,000 81-1 1,080 Commercial 5,000 82-1a 6,000 Commercial 13,000 82-1b 6,000 Commercial 64,000 83-1 128,000 Commercial 288,000 (minus ramp) 84-1 102,400 Commercial 288,000 93-1 57,000 Residential 128,250 93-2 6,750 Commercial 17,200 93-3 4,000 Commercial 14,450 101-2 95,000 Residential 213,750 102-1 2,035 Commercial 12,000 102-2 2,040 Commercial 14,000 102-3 14,550 Commercial (office) 91,700 102-4 10,500 Commercial 58,300 103-3 27,000 Residential 115,000 J EXHIBIT C STATEMENT OF CONTRACT WORK NOT COMPLETED 1. a. Purpose: To prepare contract specifications for and supervise clearance of Parcels 84-9 and 95-5 b. Contractor: Shive Hattery and Associates c. Contract Price: $2,000 d. Value of Uncompleted Work as of 1-6-78: $1,000 e. Estimated Completion Date: June 1, 1978 2. a. Purpose Site clearance - Parcels 84-9 and 95-5 b. Contractor: (Bids received 12/8/77; awarded 12/13/77) c. Contract Price: (Engineers estimate $7,900) d. Value of Uncompleted Work: (100%) e. Estimated Completion Date: June 1, 1978 0 0 EXHIBIT D POTENTIAL RELOCATION PAYMENTS Claimant Business Type Estimated Cost Richard Pieper Barber Shop $ 51000 Bushnell's Turtle Restaurant 10,000 Deadwood Tavern 10,000 The Associates Finance Company 3,000 Iowa State Bank Drive-in Bank 1,000 TOTAL $29,000 • EXHIBIT E L RESIDENTIAL RELOCATION UNDERPAYMENTS Stahle, John $ 240 Lamos, Claire 480 Hwang, Robert 168 Huang, Cy 100 Cheng, Charles 240 Eldridge, Maureen 240 Sjoberg, John 480 Falls, Bert E Ellen 1,920 Bertling, David 3,000 Carbrey, Theresa 2,340 Bluedorn, Harvey S94 Armstrong, Jon 1,800 Rajogopal, Ramesh 1,800 Schaffner, Dwaine 3,024 TOTAL UNDERPAYMENT $16,426 �J • • i RESOLUTION NO. 77-465 RESOLUTION APPROVING AND PROVIDING FOR THE EXECUI•ION OF A 111IRD ,UIENDATORY CONTRACT AMENDING LOAN AND CAPITAL GRANT CONTRACT NO. IOWA R-14 BY AND BETWEEN TIIE CITY OF IOIVA CITY, IOWA, AND 1111: UNITED STATES OF AMERICA MIEREAS, the City of Iowa City, Iowa, has entered into a contract for Loan and Grant, dated September 2, 1970, with the United States of America; and, WHEREAS, the United States Department of Housing and Urban Development has requested that said contract be amended by the execution of a third amendatory contract amending loan and capital grant contract No. Iowa R-14. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 01: THE CITY OF IOWA CITY, acting as the Local Public Agency, that the third amendatory contract amending loan and capital grant contract No. Iowa R-14, a copy of which is attached hereto and by this reference made a part hereof, is hereby approved; and, BE IT FURME•R RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute said amendatory contract on behalf of the City of Iowa City, Iowa, acting as Local Public Agency. It was moved by Perret and seconded by Vev that the Resolution as read be adopted an upon roll call there were: AYES: NAPS: ABSENT: X Balmer x deProsse X Foster X Neuhauser x Perret X Selzer X Vevera Passed and approved this 6th day of December 1977• Navor r tem ATTEST: ax- 1 / City Cler) UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THIRD AMENDATORY CONTRACT AMENDING LOAN AND CAPITAL GRANT CONTRACT NO. IOWA-R-14(LG) THIS THIRD AMENDATORY CONTRACT, made and entered into on the date below specified, by and between the CITY OF IOWA CITY, IOWA (herein called the "Local Public Agency" or the "grant recipient" or the "grantee" or the "applicant") and the UNITED STATES OF AMERICA (herein called the "Government"), acting by and through the Secretary of Housing and Urban Development (herein called the "Secretary"): WITNESSETH: WHEREAS, the Parties hereto entered into that certain Loan and Capital Grant Contract No. IOWA-R-14(LG) dated September 2, 1970, (herein called the "Existing Contract") and the Parties now desire to further amend the Existing Contract: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein and in the Existing Contract, as amended, the Existing Contract is further amended by amending Section 16 by adding the following new subsection: (g) Notwithstanding any other provisions of the Contract, the Local Public Agency hereby: 1. Agrees that any facility which is utilized in the performance of this Contract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR, Section 15.20. 2. Agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857 c-9) and Section 308 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in the above statutory provisions, and all regulations and guidelines issued thereunder. 3. Agrees to give prompt notice of any notification received from the Director, Office of Federal Activities, EPA, indicating that any facility utilized or to be utilized under the Contract is under consideration for listing on the EPA list of Violating Facilities. 4. Agrees to insert in covered third party contracts, unless exempted pursuant to EPA regulations, the criteria and requirements set forth in paragraphs (1) through (4); and to take such action as the Government may direct as a means of enforcing such provisions. The term "covered third party contracts" shall include contracts for demolition, site clearance, site preparation or rehabilitation. All of the remaining provisions of the Existing Contract, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the Local Public Agency has caused this Third Amendatory Contract to be duly executed in its behalf and its seal to be hereunto affixed and attested; and thereafter, the Gover ment has caused the same to be duly executed in its behalf this.l'/,tiday of ,��a,�„rlli 1977, CITY OF 10 CITY�IOWA J By: /17 (S E A L) _L� SS1r. fMa lame TteT — (Type Name and Titlel Attest: Abbie '§-to-f-us, C?ty�lerk` Tvoe Name 1110 Titles "Al • RESOLUTION NO. 77-466 RESOLUTION ACCEPTING PRELIMINARY PLAT' FOR LYN-DEN HEIGHTS BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for LYN-DEN HEIGHTS be granted with the following conditions: A. The culvert should be concrete and the size should be indicated on the plat. B. Lot lines should be drawn to the center line of the street. C. The two larger lots should be numbered as Lots 12 & 13 and, at the time the final plat is submitted, it should be indicated via an agreement that all development (including Lots 12 & 13) shall comply with the provisions of the Storm Water Management Ord. D. The radii of curves on Oak Street should be labeled. E. All public improvements should be waived at this time with the understanding that a waiver of objection to assessments should be included at the time of submission of the final plat. F. The name of the street should be changed prior to the submission of the final plat. (The street name should be called a drive.) i It was moved by Vevera and seconded by Balmer that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 6th / /7� ATTEST CITY CLERK day of December , 1977. MAYOR PRO TEM Cy 7!-,c L:g:! D:, :0.1:nt V7/