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HomeMy WebLinkAbout1976-01-20 Minutes numberedCOMPLETE DESCRIPTION 0 COUi'JCIL'ACIIVITIES JANUARY 20, 1976 7:30 P, Pi',' _ The Iowa City City Council met in Regular Session on 20th day of Januar Zit the Civic Y, 1976, at 7:30 P.M._in the 'Council Chathe. hauser, Center, Present: Balmer, ;deProsse,'Foster `tubers , Perret,_Selzer, Vevera. Absent: none . Neu- Presiding- Mayor Neuhauser_ Patric Guccione Co-chair person for the mentaL Action a eared Citizens for Environ from the Iowa Cit resentin a etition with 1 765 si natures Freewa COunit concernin y, Melrose Avenue,-MassTransit street ro rams, the 518 street-widening pro ect be , and requestin, The Mayor noted ti Februar 2ndubIn ted to referendumg the cioPOSed Y em the: deadline to bmittaereview op the Environmental Impact statement;-for Freeway `518. Thefoilcitizens a ciates and the URenewal proaect; su rban ortin 'Old Ca itol John Har er Mary Hartwi Asso, P , 427 Ferson; Byron Ross 4., 212 Post Road,- Summerwill, Route 5p Peter Vanderhoef2420 Wayne Avenue• 125 Post 2403 Tudor Drive Ben'-E. Road; Oluf 'Davidseri,'' 12 Bella Vista Place Tom Stlittiq�r, O'Keefe,, 1920, Rochester Avenue; Don_Hebert Harold A. Nancy Seiberlina,Penn'Townshi 419 Terrace Road; Emily Rubright, 913 Juniper _Dr-,JShirleyeSixt315 Whitin 515 E. Jefferson; g Ave`. Ct Ernie`Lehman; R•R. 2; David}Ferris, 3023 E_ Court X02 t7ylde;Green Road; Wi11a:Dickens, 1104 - , ,F1oBeth Ehhninger, Glo lendaledge, Frediiie `B Tower Court; Ann Ba ford 3 ranson, 27 Durham Ct.; Carole AIcCrane Terrace; Ral h 801 Normand 1223 Seymour Ave. p Radcliff, Y Dr.; Juanita Vetter _ , Howard Sokol, 1614-13th St.; Juanita Oxford 3011 Brookside.Dr.; Tom Muller, • d , 735 Oakland- Don Scatena` aoo a d ;,, 01 s ociates thankin a ear Old C"-half °-f thesban R n j the citizens who pitol Associates has -� ` " ` p�O��et. He. stated- that carry out its contract Proceeded in 'good faith a£ all tract, and-intends to believes fully in the times to pursue its fulfillment under of its con deeds for . Scatena not the Cit Y and .all cir deeds for the land Y has been requested to= State Bank and TrusthDrive-inhouse the new Bank and Pe petual Savin s prepare facilities for the Iowa Building The plans will be taken-before he Desi n ng & Loan mittee;within the next, two weeks with construction scheduled`_for- Iowa state Bank and Trust Bank about March 1. g Review Com- aacraza t e ter in the a ount o Scat: Of resented.a commitment let- Com an which is sub'ectrQM - men ation of th on1 -to the a royal of the final doc -fig one in the amountlof� IIe also presented two certified-checks, $$J89�.375 00 for the purchase of land for and A7 26 which s.ttisfies the _contract adiust- 7th Amendment of the Contract_ one, 81 4 as agreed u Buildin p A check has upon in`the g Department in the amount been delivered to the of $1.68- _for th nt -� an_ahesX Page 2 CouncilzActivities - January 20,.106 fee in Kansas Citi, and he advised that Old Capitol has an Archi tect and an airplane standing by, prepared to walk those plans through Kansas City_ He also noted that si nd construction s, e tracts have been obtained for'the construction r,f of and ;they are on budget. azar entre- I will have, through local banksandsavings-&Cloanslandsociates., all of the funds necessary, to take down all of ;the land:under.the contract on or before March '1, 19761 Residential housing will b- started this summer onlowerBurlington Street Mr. Scatena"-urged Council to cast a unanimous vote to reaffirm the -contract and there - Urban Renewal faith in the Urban Renewal project -in Iowa -City. ,:There' -being no others present to speak, the Mayor declared the hearing closed. It was moved "by`deProsse and seconded:;by Balmer to receive and file the etition from Citizens for -Environmental 'Pcti die statements d i��r r h �kG .and Pro3ect. .Notion adopted, ,unanimously.���d_na the Urban 80619 41 It was moved.by_deProsse and seconded by Balmer appoved and/or adopted: that the`fol- lowing agenda items and recommendations in 'the Consent Calendar be - Reading Reading of minutes of`Official actions of regular Council meeting of 'January 6, 1976, and City.Conference Board`min- utes of January 6, 1976, subject to correction. Minutes of Boards and Commissions: (1) Iowa, City Airport Commission meetin 1975 g of November 20, (2) Iowa City Airport Commission meeting of December 12, 1975 �O Resolutions: (1) Consider adoption of Resolution No. ,76 -15, -recorded in; Resolution Book 34, page ;18,;Approving Class <C. Beer Permit application10 store, 1104 S: Gilbert. r Sav-Mor Deep Rock station--/ - (2) Consider,,adoption of Resolution No.-16,`recoided' in Resolution Book 34, pa 19,-Appr76ing Class'C Market, 1331 Muscatine. Beer Permit application f_or Seaton's-"Cash and Carry Correspondence: - (1) Letter from Local 610, Iowa City Association of Pro= fessional Fire Fighters,'requesting_letter-Of-intro­-:-- ------duction-to public. The letter requested will be=' - provided by the City Manager. Page 3 : Council Activities January:20,'1976 (2) Letter from Joseph Wayner"of Wayner's Jewelry re- garding no -parking sign and parking''ticket 14-9369: The City Manager will report on the suggestion after investigation. 7 The motion was carried by the following roll call. vote: Ayes: Balmer, deProsse,_Foster, Neuhauser," Perret, Selzer,,,Vevera. Nays: none. Mayor Neuhauser calledattentionto the petition concern= 115 Councilman Vevera and commented that there are two options'. 13 to_move ahead to seek a declaratory. -judgment to determine s`if-'.-: Vevera isnot a City employee or (2)'.take no action. City Attor- ney_Hayek replied if the decision is madetomove`- ahead, Council should take into consideration the '.question of payment of Mr. Vevera's counsel fees. It was moved by Perret and seconded by Foster that.the City seek judicial determination' on the question of: whether or not Mr. Vevera is an employee of the City. Atty. Hayek noted that the -way the petition is-drafted,'Mr.:Vevera'is a valid member of the Council, and therefore, not a City employee. Councilman Foster' suggested that City ;Attorney:`Hayek-take the opposite of the view Vevera's counsel will take. '°Councilman Selzer 'stated the -question was "whether Vevera was. -duly and 'legally `elected member of'.Council 'and he believed he wash.; -therefore, there was no reason for:Council to take -legal action_ Councilman Balmer. agreed. Councilman Perret.responded that the question is not -,the -- legality as a Councilmember,:but if Vevera is indeed a`City_em- ployee.. He thought the City should seek judicial determination. _ Mayor Neuhauser agreed tha t'he is not an employee and was legally: elected, but was concerned over the consequences' if the matter was not settled- Councilwoman deProsse stated if the City agrees to pay the legal fees, she would be more apt'to:'support the peti- tion. =:Attorney Hayek pointed out the seriousness of the matter, as explained in his memo, in relation to questions of, bonding', and zoning changes that will be coming up;;in the future, and.wanted to.see _the -matter settled_ ;After further discussion, Mr. Foster. moved -to close debate, seconded by-deProsse. Attorney; Hayek pointed.out this action would take a 2/3 vote. -,Roll call: `Ayes: Balmer, Neuhauser, Perret, Foster. Nays: deProsse,-Selzer, Abstain: Vevera.' Motion defeated, 4/2/1.,' After further dis cussion of the ;issue oflegal fees, it was moved '-by`Foster-and '. seconded by'deProsse to amend the motion by adding that the City will underwrite up to $1,250 for Mr. Vevera's legal.counsel „ and his counsel would submit an itemized statement of charges to `_the Council. Roll call vote on'-the.amendment::deProsse and Foster .voting.°aye°). Balmer, Ieuhauser, Perret,. Selzer voting "no"; Vevera abstaining. Motion failed, 2/4/1. City Manager Berlin strongly urged City; Council to seek judicial resolution of the: issue as soon as -possible, noting, -that as -the City Attorney has Page 4 • Council Activities January, 20, 1976 raised in his :discussions With the certifications this is very real -problem, such as Foster moved necessary when selling,`bonds_ -Councilman seconded by deProsse; to amend the previous motion Balmer up to $750.00. Roll call: `Ayes:; deProsse, Foster. Neuhauser, Selzer, Perret_ Abstain: Nays: failed, 2/4/1. Ma or Vevera:: Motion tion to seek a dec�a Neuhauser re uested a vote on the meeton'-'3tdcmnt main mo Roll call E: Ayes dle� � Qm-the Janttaz�,`l3th Neuhauser, Foster 1'erreE, Neuhauser, Nays: Balmer, 2/4/1. , Selzer. Abstain: Vevera. Motion failed tory judgment unced Council would not seek a.declara- _ It: was moved by Balmer and seconded by Foster to defer:until next Tuesday action on the statement reviewing the.,environmental impact statement for the 518 Freeway for "discussn at an:informal meetin _ Motion ado ted unanimous) . L4570r Neuhauser advised that the a o� the Parks and R c ointment for the.vacanc �a �Qn C9min-i_ss-1on would not b raised because the Ordinance Establishin mic ;n ti the Parks and Recreation Com- _t_heen adoote____d_. byiCouncil -'_. She requested this be taken care Of soon. he called attention to her `recommendatio-— for the a ointments to the'Ad Hoc Committee. w hick are listed as follows: Jeff Schabilion£or Youth Service^� Jim Swaim - UAY Board Member;/ Attorney's Frank Burns -;Police Department; Dan Bray-- County Attorney's Office; Max Selzer - Council the Carol deProsse - Councilperson; Curtis Purington, Judy Kelley, Carol Flinn and David Cronin - at barge Members. The Mayor 'pointed out : the Social Services Office and Probation Office slots had not beep filled at this time. Mayor Neuhauser reported on meeting in lators and on the meeting of the LeDes hloines with leg is- gislative Committee. She noted-- discussion,was held on the property tax freeze and the bill:for city -inspection of State buildings. She said the inspection `b ill a eared to be dead. Mayor Neuhauser noted that a meeting had been held with the County Supervisors' and it was her understandin been reached to name a'committee of-CountyhandaCitgreement had Yeview options for the Joint Law ff Enforcement Agency icit Y offiials:to apparently the Supervisors have decided on another �'- Now was the consensus of the Council to Proposal. -It gate'and'report back_ have the City -Manager invest'- Councilwoman deProsse left, 9:00:P.M_ ' Councilman Balmer commented on the News rint Rec clip erect deficit proposing this program be suspended unless other, alternatives are ;found. City Manager Berlin noted this is set` r - Page 5 Council Activities January.20, 1976 for an informal discussion. -Mr. Balmer also -requested that the City Manager and Superintendent of Transit proceed in.the direction of selling spaces for advertising in_buses. After discussion, it was moved by roster and seconded by; Vevera to suspend pickup in February,, but continue; paper -re- cycling project with pick-up every other month.. Roll call call: Ayes: Balmer, Poster, Vevera. Nays': Neuhauser,`Perret, Selzer. Absent: 'deProsse_:`Motion fails, 3/3. 'It was=moved-: by Balmer and seconded by Selzer to discontinue the recycling, 'program -indefinitely.. After.further,discussion,the:motion and second were withdrawn. Councilman Perret requested 'the issue _ be deferred and considered at Informal Session -on Monday_ :The City Manager advised that if there were-no.objections' the. ` schedule will be changed to pick up every other month.- There were"no objections. _City Manager Neal Berlin called attention to a --memo re- garding changing of the HCDA program' year currently June 6th' .through June 5th so that it would be consistent with Iowa City's - Fiscal Year of July lst throu h June 30th, -and requested Council approval so that this request can be submitted to the Department of Housing and Urban Development. It was moved -by:Vevera and' seconded by Selzer to approve the request.motion 'carried, unani- mously_ After discussion by Council and explanation by Tom Cilek, Chairperson of Parks and Recreation,, -it was moved; by Perret and seconded by Foster to adopt -Resolution No. 76-17, recorded in Resolution Book 34, page 20,:Authorizing the Citv'to lease cer- tain premises from the Mark IV Apartment Associates for the -Sur- ose of p providing an After School Elementary Recreation Program - (ASERP). Roll. call: Ayes:- Vevera, Balmer; Foster,;Neuhauser Perret, Selzer. .Nays: none. Absent: deProsse_'-Resolution adopted, 6/0. It was moved by Selzer and seconded by Balmer to defer the . Resolution Amending Salaries and Compensations -for -Classified Personnel by Establishing the Positions of Housing Specialist, Rehabilitation Specialist/Housing Inspector, and'Changing one Half-time Clerk -Typist Position to Full-time until after infor- mal discussion with Mr. Seydel'present.` It was moved by Selzer and seconded by Balmer to adjourn -the meeting, 9:45 P.M_ Motion adopted, deProsse_absent_ Mayor City Clerk Page Two 3 r January 16, 1970 Materials in Friday's Packet continued: t_ _ Copy of Memo to City httnager from Director of Finance regarding Newsprint Recycling Program. Copy of Memo to City Manager from Robert 1l. Ogesen, Chairman ,of'Planning, ., and Zoning Commission regarding 11 F, Z Appointment to the Riverfront Commission. Memo to City Council from City Manager regarding survey of Legal fees.; i Copy of Memo to City Manager 'from Director of finance regarding Payment to the. Jowa ParachuteiTeam = arding Infoation Copy of Memo to:City'bfanager from Director of,the Library,regrm _ and Referral of United Way' c fir hfinutes'uf Staff Meetin of Janau.2:,1976 Letter to City Council from City Attorney regarding the motionto Declaratory Judgment on tho Validity, of;O1d.,Capitol contract t r, � .o...... .,..r: ...-r......,..t-r......, n.— i 1 DATE: TO: January 1.6, 1975 City CeunciL FROIM: City Manager _ r. RE: - hi<-ttcrinls in Friday's Packet- 1 .rno to City Council from city Manager regarding the Library Board and Ai r Lcruo to City Council rport. } tirtcii tion, City Manager regardinj Citizen Participation. f, 1 Lr1PY of c letter to City Manager from Mr. 1\'ate Ruben oF. !NU regarding the Public meeting to discuss Section 23 housing project. Counc ]1_mo to omen /1-aboil-frorn City Manager regarding appointment to ICA11 Colranittce jaC/ 0 on hianaf;ement/L rbor Itc lations. hic+no to City Council from City j . Jv/ tanager regarding 1A01IRr1 training session. q Remo to City Council from City Manager regarding Veenstra and 6ilmn'I'rogrciss ltepor s jtotice of raccuic } yon the lova Cit ]ioard oE,Adjustment. ��% Nemo to City Council from City Manager regardilt9 the parkinj; policy. ' Report from Di.rcctor of p;lj ks and Recreat.iori regard in + t, the C.it:y Zoo. e Tiro Department's Monthly report for Uecernber, 1975. % I Coj:y of letto the' Io ter wa State Arts Council from Cit} Manager regarding n 4: Po--try display on city busses. R Copy of .Letter to City 1• falzaL= r From Jack Kuhr of HUD reon.garding Colrmuulity Devcloj:incrtt Plock Gantt prop ram administratiIr %j / Copy E of rier'to Old Ga n.to1 Associ.at'cs born Mr. Nate Ruben o1 jjjJl} Ilousin„ for the lilderly.l regarding + hoPY of 1.0tter to Cit} Pllnager Fran 1•Lrry Anne Vohu L' regardi.n;; r a 'H United Way's rccjucst for funding. of United Copt of Plen;o to City Manager from Jo1ui Ruppert; Captain, Police lle i, _ Linda RaglancL, Civil Rights Speciali.st,_.Tld Daviel M-11one, Housing Inspector,, rc;ardin, p: tm„nt, f 1 b the results of City 711b1ic Relations effort at the University of !� I io:ua registration. demo to Ci.Ly Council Director of Park eligibijity for B.O.R. f�/dss and Recrca. tion regarding Copy ofPrI ni_nary Pa and Recreation plan 1976 - 1980. (Distributed to 1 G . 1, •Ir,o i t� iris in 1'1`idny's Pac)<ct continucct: t.,tPy 01' M_ -mo to (r,., tianagcr from Director of, Finance rcgardinl; Nctaprint / Rccyc I i ng Prognun. ! L ;,` ; COPY of Memo to City 1•fanager From Robert 11., Ogesen, Chairmtut of Plani nrtg and Zoning Con:mrssion regard i. rt; I' F, 'L APPoinilrent to the Riverfront Cor:nissiori./(l Giemo to City Council .from City Manager regarding survey OC Legal fees. j tol)thef Ior.aoto Para`IiuCe7eam Manager from Director of Finance regarding Payment COPY of i!emo to City Minager From Director of the Library regarding lnfoimatton and Referral of United Way. Aiinutcs of Staff Dleeting of Janaury 2, 1976. Inter to City Council from City Attorney regarding the moti I) .laon to seek ratory .huigmant on the Val.id.it)' of 01(iCapitol contract; opG 'G J 11cmo to (ity Co Uncil._from Director of CoIrnruni.ty Development rcgardinf; Citizen participation requircmunts Cor the Ilou,ing and ConnntuLi.ty l7evelopm•iit /,7 tier c to City Council fron Di ector of COMMLIni.ty llevcl.opmc:nt regarding the c:c., araLory juclgrnent on conLract .dth Md Cnpitol Assoc.iaf.cs r 14, liecember month[.). rrports for the departments OC Finance, itecreation Division, , Ce,ntery-Forestry Division, park Division, and Public IYorks. - r '`