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HomeMy WebLinkAbout1976-01-13 ResolutionRESOLUTION NO. - 76-7 RESOLUTION OF THE CITY -COUNCIL OF THE CITY: OF IOWA I{I CITY ADOPTING RULES OF ORDER FOR THE CONDUCT OF THE COUNCIL MEETINGS BE IT RESOLVED by the City Council ,of the. City of Iowa City, - that said Council does hereby adopt the Rules of Order for the Conduct of Council Meetings_as follows: 1. Manner of Addressing Council 2. Roll Call 3. Order of Business The businessof the Council shall be taken up for consider-' ation in substantially the "following -order except as may be _otherwise ordered by the Mayor "or`Council: 1. Roll Call 2"' Public - Discus sion,Y 3. Mayor's Proclamations_ 4. Consent Calendar ' 5. Council Business 6. City Manager and City Attorney Business 7. Public Hearings 8. Ordinances 9. Resolutions 10. Reports 11. Correspondence 12. Adjournment 4. Consent Agenda Identified Those items_-on__the-Council'Agenda which are considered routine by the City Manager, Mayor or City Clerk will be listed under the portion of the, agenda called _the `Consent Calendar, and; unless the Mayor, a Councilmember or a' citizen specifically requests 'that -any of these items be considered separately, they will'-be.enacted by+one motion,- with a roll call. vote. The items removed-will-be-con- emoved wihl=be con- sidered- sidered separately in numerical order with other items shown on the Agenda. It was moved by deProsse and seconded by Balmer that the Resolution a; read e adopted, and upon ro ca t ere " were: ;. • CITY OF IOWA CITY • -_ PROCEDURES FOR CITY COUNCIL MEETINGS • The regular meetings of the Iowa City City Council shall be held every:Tueaday of .each ay th fall on a legal in the Council Chambers`at the Civic Center,; except -.when notTuesday falls on a legal holiday, -then :the City Council -shall `determine whethee or may be call that meeting -.at another date or to -waive said meeting. Special meetings may be called by the Mayor, or in his/her absence emembers shall or inability, by the -Mayor Pro Tem, or by any two Councilmembers._ A majority of all constitute a:quorum. The; rules -of parliamentary_ practices comprised in the current edition of Robert's Rules of Order shall govern the sessions of the 'City Council in all cases in`which they are applicable and where they are not inc- the Council or the laws of the State. ncthe-Councilorthelawsofthe.State.onsistent with the standing rules' -of --- ITEMS NOT ON THE AGENDA.. - - - Any member of the Public who wishes to discuss an item not on the agenda shall file his/her name and address with the City Clerk prior to the start of the meeting. When the Public Discussion.portion of the meeting is announced, the Mayor will call Person for their presentation, which will be limieach ted to minutes speaking, time. AGENDA S Items to be included on theagendafor City Council meetings must be filed with the City Clerk or the City Manager's Office by Thursday noon preceding the Council meeting.' Items filed after this deadline shall not be scheduled for the Council meetingunless -a..Councilmember or -the City _Manager shall -deem -them significant enough _to warrant immediate-Councilaction. On an:agenda item, the; Mayor will ask 'for discussion: A _ person desiring to addresstheCouncil shall step up to the podium, state his/her nam and address and also print them on to notepadprovided. e to five minutes speaking time. Commendirected These cbted ts will besubject underconsid ation. Speakers are asked to make their presentations, brief, avoiding repetition. Statements not made at the podium will neither be considered nor recorded in the minutes of the meeting. The CONSENT �CALENDAR is a method of providing a more efficient and expeditious Meeting. All matters listed under the Consent Calendar are considered by the Council 'to'be routine and will -be enacted by one motion with a roll call vote. There be: no separate discussion of these items prior ,to the time the Council votes owill motion unless members of the Council, Staff or the Public .request specific items to be discussed and/or removed from the Consent Calendar for separate, action. Any member of: the public who wishes -to discuss a CONSENT CALENDAR Item should come--for-­ Ward to the ,lectern upon invitation by the -Mayor -and list his/her name on: the notepad, state his/her name and address and the Consent Calendar Item Number requested for: exclusion to consider separately. Except for those items -excluded-, all items hereunder will be accepted, adopted or approved as indicated Immediately following Council action 'on items which remain on the CONSENT CALENDAR, items removed will be, considered separately in numericalorderwith other items shown on the Agenda. - All meetings are tape recorded and these recordings will be retain not less than ten years. ed for a period of • IOWA BEER & LIOUORCONTROL DEPARTMENT - - - STATE OFFICE BUILDING 300 - 4th. STREET ROLLAND A. GALLAGHER. OIRECTOR DES MOINES. IOWA 50319 REFUND NOTICE January 5, 1976 Dennis J. Langenberg - d/b/a The Waterfront Lounge 21 Vi est Benton Street " Iowa City, Iowa 52240 Local authorities receive 65Yo of Liquor License fee and Sunday Sales Privilege fees. Some refunds are made on liquor licenses before the 65% of the license fee has been transferred to local authorities. When this occurs, the State makes the total refund. Local authorities are not required to refund on Sunday Sales Privilege Enclosed is ,State Warrant # 07_7 +2c,2n in the amount of Refunds are made on a quarterly usage basis of yearly cost of license or permit. -- LIQUOR LICENSE NO. C-5.149 One quarter State City or County - Two quarters Sssn_nn State $227 sn City or County $422 50 -Three quarters State City or -County- - Apply to Iowa City, City Council _for their—share _ SUNDAY SALES PERMIT NO. State City or -County State State Page 2 Resolution No. It was moved the Resolution as by and seconded by that, rea , e a opt- upon -al . and roll 6 tyiere were::-, AYES: NAYS: ABSENT: Balmer deProsse:< ''', Foster Neuhauser Perret Selzer - Vevera Passed and approved this 13th day of January 1976 MAYOR - ATTEST: , CITY CLERK i U!J -' PARKING. r--THE`T1ME 7 OV.f BUBES VD WILL AO I8.-:OFF:=LIM IGI NG U!J -' PARKING. r--THE`T1ME 7 OV.f BUBES VD WILL AO I8.-:OFF:=LIM IGI NG =: Rnvnsr m,n..,.'� RESOLUTION NO. 76-14 RESOLUTION AUTHORIZING,CANCELLATION OF UNIVERSITY HEIGHTS CONTRACT WHEREAS, the City of Iowa City has entered into an agreement with the Town of University Heights, Johnson County, Iowa, a municipal corporation, said agreement dated November 2, 1966, and which agree i went shall hereafter be referred to as the Agreement, and, WHEREAS, the Agreement states that the City of Iowa City will provide certain municipal services to the Town of University Heights in exchange for the payment of the sums called for in said Agreement, and, WHEREAS, the City Council of IowaCity believes that in its operation the Agreement has become inequitable to the taxpayers and citizens of the City of Iowa City and that further continuation of the Agree- ment would not be in the best interests of Iowa City, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,- that the Mayor and City Clerk are hereby authorized and directed to formally notify the Town of University Heights that said Agreement shall stand cancelled and terminated effective midnight, December 31, 1977, said notice to be given in accordance with the pro- visions of Paragraph 2 of the Agreement. It was moved by Pei -ret and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: I NOTICE OF TERMINATION OF AGREEMENT TO: The Mayor and Council Members of the Town of University Heights, Johnson County, Iowa You are hereby notified that pursuant to the provisions of Paragraph 2 of the agreement existing between the City of Iowa City, Iowa, and the Town of University I-Ieights, Iowa, dated November 2, 1966, the City of Iowa City shall cease to provide municipal services called for in said agreement effective midnight, December 31, 197.7-.: The City, of Iowa City hereby gives notice that effective that date said agreement shall stand terminated and be of no further force and effect. Dated at Iowa City, Iowa, this 3i'(. day of January, 1976. Q. AbakauLu Mary Neidhauser, Mayor ATTEST: �� ['ell ...- II ��I To the Honorable Mayor and Members of the City Council of Iowa City, Iowac Attached hereto, and made-a part of this letter, are the ;£oll.oxing: Exhibit "A" - A history of the sanitary sewer system of East Iowa City. Exhibit "B" _ Zerox copy of my letter to the Editor of the Press -Citizen. Exhibit "C" - Zerox copy of Comment by the Editor of the Press—Citizen,, Exhibit "D"-_ Comments regarding the Ralston Creek Organizations. I hope you will find time to-read all four. As you consider the much discussed Ralston Creek problem, -I trust that your Honorable Body will give due oonsideration to the fact that there are two types of damage that occur', in Iowa City during -rain storms. One type OTO. 1) was ballooned out of all proportion during the fall election campaign, while the more serious; type-,(No. 2)'gpparently w even mentioned. The two types are: as not 1.- Damage caused by-floodwater when Ralston Creek goes out of its banks. 2.- Damage caused by sewage backup into basements, caused by the illegal dumping of storm water into the sanitary sewer system. This is the, type of damage that, ,over the years, has caused the greatest monetary loss and has presented the greatest health hazard. In an editorial in the July 24, 1967 _issue of the Press—Citizen, -the,-:. Editor deplored the fact that many Iowa Citians could not see without thinking of high boots, a=heavy rain scrub brushes and disinfectant. This editorial said in part: "Raw sewage not only is extremely annoying; it is a definite health hazard whether it is ,in the street or in the base— ment. In a modern city, these.conditione simply should not exist, not even under adverse circumstances. These residents have been promised relief but the problem continues to exist." And, no matter how many millions of dollars the City might spend on Ralston Creek, that problem will continue/until one o£ two things is done, viz: to exist 1. Until the City Council and the City Manager enforce the State Plumbing Code and the eity Plumbing ordinance, both of which forbid.the " running of storm water into a sanitary sewer without the.exprese,permission of the proper authorities. All ,sewers in Court Hill, Bel Aire, Townerest, East Iowa City and Rundell Addition are either sanitary sewers or storm sewers; there are no combinations, and no order was ever issued giving permission to run storm water into the sanitary sewers. We all know that the sanitary_sewers'in those districts are more than adequate to `carry all of the sewage. It ,is only during and after rain storms that those sanitary,sewers almost immediately become overloaded, causing sewage back-up and making it necessary for the City to pump raw sewage into the streets to lower the'. pressure so ustoprevent--pluggedsewer linesin basements from '.blowing up. 2. Or until the City builds sewers and a sewage dispose4 plant large enough to handle both sewage and storm water. Could we afford that? (What City the size of ours could?) _And would bhe Federal Government be likely to give us money forsomethinglike that? F'Y_A 1). ?1 /976 ABBIB S:TOLFUS CIT Y,CLERK-' cne,A;,; ,0 une sewer Stop, the' iey did - ma 2 The City- again advertised for bids bids" and -eari 'Public -h-, ng 'on plans and.speci -and Property_ owners- filed a petit' I — ion__objec 'i giving ndetail our reason for. objectir Some,-240iresidents of East Iowa Ci- y. and'J 'The Council voted 4 -to:'Ooverul e alL objc W -S.Mext filed a:,petition with -the Ios' � for,an investi get ion e This-.vas,'E hadi e is gn dithepetition to the 0 j at..,th.e same time so4a 'to have he ,one f ox -if- we- failed ,to'get _13ati8f&.r from -the h ,w at ,.our plan'va h .'S ate Health; ' iT e t Board took n' 0 action -, was -built. -d ever, sq, ,wehad asked, it Some of the peopl( iniicourt Hill and First sail ig machinesstart to, dig.. on:Firs no -back ups -duringin stor�s. ra —or so th started przying,'that we -would never -have a 0 long,'as'.they .,would be in. -the'Civic Center.' could* ' -hardly wait until we would get 7a goo iw C61urt-Hill- it wasn't. difficult t o pred, On September 20 9 -x.three i weeks 'after. th, completed, v e had a 2 60 1ch t n ra n hat., cai MUCY-vor G even than th e Pro estors had pr, had,never. had back-up-.1be f Ore- (and Ait, pressure was SOL great'.that in one base ment, :L it n:big•-chunk'df the"cement -basement -flo6: ing;'a 4 -inch stream of, diluted news, , ge ahoo, least -one manhole(on,First Avenue th ev%cont ( s t - _1� — cor, ointo the air,' with.. he : -manhaile '-do;je: dawage to -contents of,ba -terrifj sements was and 'hauling - o' ,the dump. was pathetio6 7 -The tunats�- ,e nnseepidemic-as . was - e-sewer,that.City Manager-Leikvold-b�z body:'any�harm as the engineers Ahad Zaon L, e B , U( , What happened next? As;, far as,.I.know, fixe&,,so-ii_.wOulazdii6"xge direct into -Ra] -rec E:Street City. ity. Engineer Lundberg- was gi an,,- increase in-e-alax-7A, Although-theState H ealth Boarddid fic short,-Pontroversial Severna we had 'asked,;__ response'to our,;. -petition. In a. letter -to certa in recommendations to -the Council wit • tion of -all' illegal, connec t*ions.to. the 'Sani thatapparently:�is Still, waiting to._,be--d6n'e r The Health B6ard'also made re commendat Bower-land,.this'-was constructed in 1966=6T: -trunk .,sewer) but, it -`didn't go, all:- the we 7 L went en only;as far'!as a large 0 cne,A;,; ,0 une sewer Stop, the' iey did - ma Street that du R}l 36 .. (It' N ret) . it :on struoted' by:; Delia: A s - , :,+r.,.,.•.�,,..-,•..,z.m... e,>....-.c...e.......Rmrr. rir' :4[TS;rx•a' _- 7l`-F+TI.OIQ .f9r+'•1::klr} V'Yf: A.tvRI}.lkG:3sw ww.,e.r..asras,v.M:.x�s'gsrrLr a,,erao-zTx.-rxT.+r +K.., w-•v-->u..x...,-� co rfs _ dt", r �`! i` �} it p -about d causes o iffel*e'nt r ;�f f t, F f RalstonTreek bas►}flood►ng` To the Editor: -- - ! * .,t i �,tr tt. �`�f - f �. Now, as our City Council further how many millions of dollars might be homesfromsewagt hack-up,i[vlolntions `y ' " tX considers the demands of the Ralston spent. Extensive . tests made by city ;, werc eliminated flow to}vard the creekv a.`5 `Creek Action Group (oCwhich I am not a :crews have determined that water from --The cost of trying to' keep Ralston 1., Should .the Coancll,vole to eMorce member as me Pring Js not in the flood the creek isnot getting into the sanitary , -_Creek Creek within Its banks will we are told ,'^'me stateiplumbing. rnde'and the; local ' plain nor in the fringe area), I hist that .sewers ; ,, _ +,phunbing` ordinance as 7 the a 1 : to ` ° the Council members: will. run into fhe•millfons a'nd the necessaryi s y" apply, 4 7 consideration to the, fact that there are. .:city crews made extensfvePchecltsiln an �'wE 1 to eke many yeprs yet; t, +` Sttie�re water,-' Miorris adst ncc lions 6+ M two entirely. different types oFdamage ::, Attempt to determine where the problem--`` rcgWring; dlsconnectlone,of eWe alsc py. , `2. _Or should'the,Coiriich';vote to band ;+ that can occur In Iowa City during heavy, of sewage back-up was arising. Ra • j nectlons,. to 'the i; sanitary' sewers :3n B a sewersand a disposal plant large enough V `rain storms. The two types are: Creek 'fuel dammed temporarily In ,,southeast. Iowa;City:could no: doubE be f :�afntandloccurs'?overload In omy ohinton a we " C I: Damage caused by flood waters several places to raise the level above .;done ina"comparatively.ahort,ltme;and s• r tchenRalstonCreekgoesoutaEltsbanks. that of the. line to determine If `i°atmtnimuun cost^For:expenses; some icoWdntaEford.that:it5fiat.is.ptheopiaion,l-' Flood insurance is available to protect : water was getting from the crack into the ,`. money might:be:available;from tfnes�i Ofs.othar.tai i F Property owners against loss caused by sewer. There was no evidence that it was - ,levied if soe property: owners failed esV,- PaYeis7cWhat- is the can-. sensus of,'members .0[ some of Iowa :; Roads. : Those tests ruled'out sources. of storm make disconnection atter public notice to ;,'J` try' s a vie groupsv 2. Damage caused by sewage back-up , water in the trunk line. sanitary sewer -,X. -do su had been givcn4Some contractors � , a matter, of-Ulegal ,connections to, Into basements. That is the type o[' except for home storm drainage, such as who , had' made i illegal`connectiona 'asp 4 nitary servers `raised a number of damage that has ,occurred :most downspouts, connected to.`thetsanitary,.wellnsthosewhohadtahghtnew,ownergsfJ °estions 3 f frequently in southeast Iowa City; and sewersorhomedrainslnyardsordrlves ,.:how to do.it.themselves; mlghtftvanb.to<<Worinstance�whatlsthe�esponsibility; which, over the years, has caused the As Lane hfashaw,'.who was public contribute to the.expense fund through;.etroMalestatebrokerwholistsEorsalea 3 greatest: monetary Joss and has works director at<thc ,time, poled„r lfic oral:Builders"Associetion;'Sowagei.i rc ontyinsouheatlowaCtypIstthis his;. presented the greatest health hazard. "Anyone_who's-watched water pouring =` in basements and strcets,?bcing one of Y c— . ;for the In <i There is no type of tnsurance'available• ' out ofp'' downspout during,a heavy'raln 5; the ,worst,^_types, o[ pollution; y'sonic }Vne1 anon of :prospective ,buyers; y'1, that protects against damnge caused•by can see that It wouldn t lake man t6 fill t er.,that: property lies anrillegnl a selvage back-up. a sewer line.` (At the Nov. 5' Informal ' mlght�6eeavntlable loq:fcontrol a money ,, connection to the son3tary sewer? Or is, It Damage caused_ by'sewage back-up meeting of the Council, the new public Sfncc file saailary sewers in soutticnsl��?4'ouDfor thp'to prospective buyers to rind" (µ'e have long been laid by city officials erorks director, Richard Plastino, made ; Iowu City are'adcgpnte to carry all of the t f emselves ti� and staff) is caused by people - people -a similar statement with regard to the �a t,Another questions ' {V'li'af Is° thc�; € tvho send storm water into the sanitarysewage; and since overloads; occur;onyg s.r othcrlit • carrying capacity., downspouts) , durhig aqd sAortly after ds occur n�f��yHealthJ) patrtmtnt:µilttf : sewers through IllegaLconnections -t Alaslnw also noted that the city could`.howbestcouldthecityproceedtoputpn ,jfregard to IoWa•Qiy's-sewer slot with Spending money g Ralston Creek woWd save a lot of money, both in ionstru�tlon Pump the `sewage tback•ups and;lhg9f�trss� z' SIN `A De11a A';Cr1i not prevent sewage back-ups, nom calls oEnew Iiries, as well as In damage to a C nto the strnets tom v s t� +t. akrr�"'•' -z" _. .., - -' ! , K 1530 Sheridan wAvcnuC I .._cites:£'".!'L'✓.Ti`::Li3.`.r,+73irTe.w�.�..:.vsd'.:'•rt:GLF„kiS: .• r .:'i x -r Fr,. •'ttl:-` T 7 �!S'!-'s'1 [`, F?ti?y p z wsx<��a.rmnif3i�am�x,�z^�azi�xc�tCt�'� ..,*.,_l.t:,,.`, ',• ,.; �...,� '; t` The rightr11b1ern EIBIT "C', For City Council rp Members of the Ralston Creek sewage back-ups, which cause the-' Action Group -have a rare op- , greatest amount of damage; is not portunity to perform a public ser- ._ the creekbut the illegal con- -vice that could help themselves as nections to the sanitary sewer much as the community. system.: Lane Mashaw, a former =- city director of public works, and 4 b The goal of Ahe ;group is to the present occupant of that post, s reduce the damage persons : Richard Plastino, have indicated -residing to the ;Ralston Creek that of-these.'con- basin sustain regularly m a result .elimination nections could do much to relieve 9 of flooding. It's proposed such the problem. , -- specific actions as cleaning out the creek, enlarging sewer capacity, restricting additional C development and building reten- tion ponds to contain flood waters. This is where the Ralston Creek I Y - This presupposes that - the _ Action Gro up'could perform its :° service, of benefit primarily for -I a damage from floods in the basin themselves but also- for the com- -stems from water pouring down - the creek itself. And these actions i munity generally: Members I proposed would appear to relieve could: • . - - I - that problem -- _ _ Determine just` what per a -: However, as a recent letter to -centage of the damage: to. homeowners stems ;from sewer' _ ,4the editor from Della A. Grizel of back ups- and what from water 1530 Sheridan Avenue pointed flooding out of the creek and into out, a second source of damage occurs at times of flood. Caused, homes. --This would pinpoint the by sewage . back-ups '- into nature of -the -problem they, and the city, face. - ;basements, "This is the type of damage, that has occurred most =Inspect their own properties frequently in southeast Iowa City, . to insure that roof or foundation. and which, over; the years, has: drains are not connected with the - - caused the greatest monetary ` sanitary sewer` system, and en - `loss and has `presented the courage neighbors "to do the greatest, health hazard," she same. - wrote. Just howmuch reducing flooding in the creek itself would, Control of Ralston .Creek do toward halting sewage ,back- flooding remains a goal not only ,ups into basement remains a of the group, but also of the city question. government. Both the group and the city government, however, In her letter, Miss Grizel need to , be certain they are suggests that the sewage back- working on the ` right problem `ups result from illegal dumping of with thecorrectmeasures before "storm runoff- into the. sanitary great amounts of time, 'energy, sewer system, thus overloading it and ` money_ are expended. =It and causing the 'back-ups into would be a monumental error to basements. She adds: undertake costly, major projects to eliminate creek flooding, then "Spending money on Ralston discover that the back-up problem: ,Creek would not prevent sewage remains, since nothing, had been I back-ups, -no . matter, how many done • to remove storm drainage millions of dollars might be from the sanitary sewer system. spent." She went on to say that tests made bv,the city indicate The Ralston Creek Action that water :from 'the creek isnot. , Group •is `uniquely;' placed to getting into the sanitary sewers. Provide the necessary -in- formation which could insure that Miss Grizel isn't the'only:one whateverpcogram is undertaken who believes that the source of the wdibrinthegrcatestbe nefit RESOLUTION NO. 76-10 RESOLUTION OF APPROVAL OF CLASS B Beer LICENSE :APPLICATION. SUNDAY SALES - BE IT RESOLVED BY THE CITY COUNCIL: OF IOWA CITY, IOWA, that-- a Class B Beer Sunday Sales Permit, application is hereby approved for the following named person.or persons at the - following described location: John M. Oler and Paul L. Conley d/b/a/ That Deli, -"- 620. South Dubuque 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 - ' be _to endorsed,; upon the application and forward the same together. with the license fee, bond, and all other' information or docu- ments required to the IowaBeerand Liquor Control' Department. It was moved by Selzer and seconded by Perret that the Resolution as rea e a opte ,'and upon roll call there were: AYES: NAYS: `ABSENT. Balmer deProsse : x ; Foster - x Neuhauser x Perret X` Selzer - x_ Vevera x - Passed this -13th day of January 19 76 ,