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HomeMy WebLinkAbout1976-01-20 Council minutesMINUTES OF OFFICIAL ACTIONS OF COUPJCIL JANUARY 20„ 1976 - 7:30 P.M, $ The cost oPublishing is f g the follow. Year for said Cumulative cost to in g Proceedings and _claims Publication is $ date during this calendar The Iowa City;Cit 2 the CivicJanuarY' 1967, at17.30t Regular Session on at the Center. P.M..Mthe hauser Present: Balmer in the'Council Chambers. hauser�presidingPros Selzer, Vevera. Absent:-aenonese' Foster, --Mayor Neu - Patric Guccione mental Action a °O -chairperson for tures from ppeared, Presenting a petitionthe ewitheIs for Environ- the 518 the Iowa City community concernio '765 sig a_ Freeway,, Melrose Avenue Proposed street Mass t street programs citizens. Mayor street -widening Project Transit, and re ' The Ma � be submitted- guesting any - ted February d'Or noted'Februar to referendum of :_,the Of the Environmental Y 2nd is the_deadline Impact statement to Submit Several for Freeway _9 and citizens appeared supportin the Ur18. ban -Renewal Projects Don' g Old Ca Old Capitol Associates ,Scatena a pitol Associates half of the Urban thanking app representing- half Renewal g the e citizens ted who 'appeared Associates has Proceeded Pr°jest, He stated in its contract in good faith at that Old Capitol intends to in the: all times Pursue legalit t° carry --out Scatena noted its fulfillment under y °f its contract` land that the City -and has been requested andallcircumstances. and Trust will housethenew,facilitiesed``to prepare -_deeds for the The PlanswillBank and Perpetual for the'Iowa State Bank be taken before Savings &;Loan Building, the nexttwoweeks with the Desi and Trust Bank about Marchnitruction Sign Review'` Committee within scheduled for Iowa State Bank Regarding Plaza - ter in the amount of Centre I, Scatena Company which $2.175,000. Presented a commitment is sub' 00 from the New Yorkoval of the let - mentation of the sect only to the Life Insurance one in the amount of He also presented two certifiednal docu- Centre 2 and $g 473E $189,375.00 for the checks, compensation for,p 26 which satisfies theurchase;of land for Plaza Amendment arcels 81/3 and contract adjustment of the Contract. A check has beeoreed- Pon in ing Department in 81/9 as a u the amount of the 7th in Kansas Cit $1,681.55 delivered_toY•the'Build- and an a• Y, and he advised that for the lrplane standin Old Capitol Plan -check fee Kansas'City. e s Landlso g bY, Prepared tO Has'an Architect been obtained no that Walk those plans through for the constructionlofed construction contracts Plaza Centre I and have hey are Page 3 Council'Minutes: January20, 1976 (2) Letter from Joseph Wayner of Wayner:s Jewelry re- garding no -parking sign'and parking ticket #9369. The City Manager will report on the suggestion after investigation. The motion was carried by the:£ollowing roll call vote:-. Ayes: Balmer, deProsse, Poster, Neuhauser, Perret, Selzer, Vevera. Nays: none.' Mayor Neuhauser called attention; to the petition concerning, Councilman Vevera and commented that there are two options to to move aheadtoseek a declaratory judgment to determine if Vevera is not a City employee or (2) ,take no ';action. City Attorney Hayek replied if the decision is made_ to move: 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 `and'he'pointed out the seriousness of the matter as explained in his memo, in relation to questions of bonding and zoning 4p changes es that will comin u :. `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'fa 2/3 vote. Roll call: Ayes: Balmer, Neuhasuer,';Perret, Foster. Nays: deProsse, Selzer. Abstain: Vevera. Motion defeated; 4/2/1. After _further discussion of the issue'.of legal 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. Veyera's'legal " counsel, and his counsel would submit `'an -itemized --statement of: charges to the Council. _.Roll -call vote on the amendment:.-deProsseand Foster voting "aye";'Balmer, :Neuhauser, Perret, Selzer voting "no"; Vevera abstaining. Motion failed, 2/4/1. 'City Manager Ber- lin -strongly urged City Council to seek judicial resolution of; the issue as soon as possible, noting that as the City' Attorney_ has raised in his discussions, this; is a very real problem,:such as with the certifications necessary -when selling bonds. Councilman Foster moved, seconded by deProsse, to amend the previous -motion'..; to pay up to $750.00. Roll call: Ayes: deProsse; Foster. Nays:: Balmer, Neuhauser, Selzer, Perret. Abstain: Vevera. imotion failed, 2/4/1. Mayor Neuhauser requested`a vote on the main motion to_seek.a.declaratory judgment, deferred from the January 13th "meeting. Roll call: 'Ayes:- Perret, Neuhauser. -Nays: -:Balmer, deProsse,--Foster, Selzer. Abstain: Vevera-. Motion failed, 2/4/1. Mayor Neuhauser announced Council.would not seek a declara- tory judgment. P ••-r �-- ••=u•.a cup- eu attention to -ner recommendations -for" the appointments to the Ad Hoc Committee for Youth Services, which are listed as follows Jeff Schabilion --UAY Board Member;.Jm Swaim - UAY Staff; Frank Burns - Police Department;.Dan`Bray County Attorney's Office; Max Selzer = Councilperson; Carol_deProsse.- Councilperson;-Curtis Purington, Judy Kelley, Carol Flinn and.David.,. Cronin - At Large Members. She pointed out:the Social -Services'. Office and Probation Office slots had not been filled at'this time. Mayor:,Neuhauser noted that a meeting had,been held with the County Supervisors and it was her understanding.that an agreement had been reached to name -a-committee+;of Count y:and City `officials to review 'options for`the:Joint.Law Enforcement Agency Facility. Now apparently the Supervisors have decided on another..proposal• It was the consensus of the Council to have the City Manager-in- -vestigate and report back. - Councilwoman deProsse left, 9:00 P.M. After discussion concerning the; process for the recycling pro- gram, the City Manager advised that if there were no objections, the schedule will be changed to :pickup every other month. There were no objections. City Manager Neal Berlin called attention to a memo:regard- ing 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 1st through June 30th, and requested Council_approv-, val so that this request can be submitted: to the Department of Housing and Urban Development. It was moved by`Vevera and -second- ed by Selzer to approve the request. "Motion carried, unanimously. Ater 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 Reso- lution Book 34, page 20, Authorizing;. the City to lease certain = premises:from"the Mark IV Apartment -Associates for.the'purpose;6f 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 bySelzerand seconded by Balmer to defer the Resolution Amending Salaries and Compensations for :Classified Per- sonnel by Establishing the Positions.of Housing,Specialist, Re -c habilitation Specialist/Housing Inspector, and ChangingOne=Half- time Clerk -Typist Position to Full-time :until after informal.ds= cussion with Mr._Seydel';present. M �.= ry • MINUTES OF OFFICIAL ACTIONS OF COUNCIL. JANUARY- 6. 1976 7:30 P.M. The cost of publisliinq the following proceedings and claims is -$ "' _Cumulative cost to date -;during this" calen ar year or sal publication is $ - The Iowa City City Council met in Regular Session on the 6th of January, 1976, p,M. -at' -7:30 in the'Council`':Chambers at the Civic Center._', Present: Balmer,'deProsse, "- Foster,;Neuhauser, Perret, Selzer , Vevera. `Absent: none. aiding. Mayor Neuhauser pre-;: " It was moved by deprosse and seconded by. Foster to consider the amount read thus far:to be a full reading and to approve the minutesofOfficial Actions of :_Council meeting of.December•,16,- , 1975subject to correction. Motion carried, unanimously. Ralph ,Oxford, representing Super Cab and.Yellow Cab com=': panies was present requesting Council to meet with him and Joan,; Gross from -the"Department of Transportation :to. discuss' what funds are -or aren't available through uMTA for Senior:Citizens ,M1 • It-;, was.the consensus of Council -to -set:discuasion for l` session. an informa,' Freda Hieronymus, representing Old Capitol Associates, ap-._' peared presenting a.statement announcing that Jack" -Klaus will, - be Project Director of:;the Redevelopment Project for Old. Capitol, effective'February 2, 1976. - It was ,moved by Balmer and seconded by Selzer that the Ordi _ nance Amending.the Zoning Ordinance No. 74-2727 „ by -Changing the Use Regulations and Restrictions of parcel of land owned by Plum Grove Acres to CH'Zone, be deferredand referred to Planning and Zoning ,for their official recommendation .before it:comes.ifo Council. Motion adopted, unanimously. The previously, considered Ordinance was to rezone to co zone, which was not'adopted'-because of lack of an extraordinary vote. It was moved by deProsse and seconded by Perret to receive' - and file the minutes of the meetings; -of the 'Planning and`. Zoning,.,. Commission, -_12/18/75, and Parks and Recreation Commission, 12/10/75. -Motion adopted, unanimously. After discussion and appearances by Parks andrRecreation- Commission,Chairman Tom`;Cilek and Jean Spector for'AfterSchool . ' Educational ' and -Recreational Program,':it was'movedby Foster; and seconded by Perret to:;approve the.'Parks and :Recreation Com-, ` mission recommendation to approve two;, six-week ASERP" periods; for the second half of this academic;year with a.'basesfee of $3.00 and an additional appropriate fee for those' -activities , which require materials. 'Motion adopted,'4/3, Balmer,",Selzer, .: and Vevera voting "no". • Page 3 Council Minutes January, -6, 1976.- Contract for Section 23 -Leasing of Private Accommodations, andt General Depositary. Agreement. =Roll -call: Ayes: 'I Foster, Neu-` hauser, Perret,`Selzer'-Vevera, Balmer, deProsse. Nays: none. -Resolution adopted, 7/0. It was moved by deProsse and seconded by Foster that the letter from Don Doumakes regarding Iowa_City police,Departmenbi matters, concerning Sex Crime Prevention -Unit and Traffic be received and filed. Motion adopted, unanimously.(: -It was moved by Balmer and 'seconded by ;deProsse to adopt Resolution No. 76-6, recorded in Book -34, page 7, Refunding.Cigarette permit for`Mike's`Riverside Texaco, 7510=S.' Riverside Drive. Roll call: Ayes: r Neuhauser, Perret, Selzery Vevera, Balmer, deProsse, Foster. Nays: none. Resolutio adopted, L_7/0. n It was.moved;_by deProsse and seconded by Perret to approve the disbursements,in the amount of. $1,275,886.42, subject to audit. Motion approved unanimously., • It was moved by Foster and seconded by Balmer to adjourn the meeting, 8:40 P.M. Motion adopted, unanimously. A, more detailed and complete description of activities of'' Council and; disbursements available in the City Clerk's'Office, and Finance. Department. Mayor. City Clerk • Page 3 • _ _- _ Council Discussior January'19, 1976 moving in the direction proposed have to be considered while the City obviously does not have -,the current :City"fund ingwhile to make , and. be available ttotcarr thsitt-on, the saibility of HCDA:money to out that Y that -out could be -considered. Hepoint notification had been received 'from"HUD that_the ':ha; released 1.8 million of Our allocation for this tally the'.balance might be available to they -hal Our,2'so then: liability would accrue to the CityPearlypin April milli 1.8;million would cover all our programs committed exception of Riverfront acquisition. an advance allocation If he with the_._. Of HCDA mone City has;; to reque is a possibility. Another. Y for the next two years, ,ti ment might loan us the differencelatt79 Possibility is: that the Federal Gov funding of HCDA. ,;to be supported b fu mean that the Cit Any delay in the "Urban -Renewal contract wool Y, on; the land values,- "lose about_$200' a hthe_na stated that'if the new City Council`is not:satisf e withthe natit ure Of the Urban.Renewal'Project or the" Old Caoalslwhichshould determine exactly what. and g Performance: it wishes are its objective Ing with the staff to achieve Urban _=Renewal goals or reach thoseaalternatives.rmine the best way, and.,_e, taken to accomplish those: as a clear policy direction from-thethisCouen—would be uridE til should, tick with 'it, The City`AttorneCJI of a declarator , and the;Cc ask for his y judgment, and noted that if-a;,iscussed"'ahe:effE the City position would majority elects legal contract. A•judge would be 'that there' _to - we `did have:an;l was not be reluctant to :reach.a`'decision of institutions notntroversy., Council then discussed: clear; meanin lending money 3f titleto_ P°ssibil being: liable forfdamatesn 8,01 Property is "not-` and Councilmembers individually' Part I, and >stated. g Attorney Hayek referred thin that it was never;contem contemplated to'Sec 2:E:;. g other than the situation involving-develo in P to cover.'ariy= parcels. He also stated that`if Council P g""of isolated the declaratory judgment, the ,'less discussions to 0 g ahead with` ," the better The importance of the for of Community Developmentuestion8 raised in the memo, from Dir gested that Kraft were pointed%out and'it HUD* 1 ' if Possible, the answer ere be gotten in writing Paul .Alexander :will be wast: =s Will present several visiting: them on Tuesdag from'. will be 2 questions. At,the close- Y, -and 1/2 million of th out,; our obliga£i& Capitol). The remainderhofvthee4 millionawll;beefinanced byOld < HUD's contribution to the are in Court. The issue isrthecCitwhich.will be" Aprilif:we APril 8th.- There would Y -s obligation,,to.be` because the Cit be no reason -t6 ­extend the deadlin' - Y rent HCDA Y had HCDA.money, o close out; $200i'l000 out funds and _$2,060,000 out of next year's _funds "of cur from ,the next year. ,;and some to what the, -priorities are, but: indicated that' e ei are. things Old Capitol could do to expedite the matter. is The next.item for discussion was,the Mus atine_Avenue Pro- ject.;DireAQ r',o�f Public Works Dick Plastino outlined the past: history of.thhroject, starting withlan in ormal discussion in July:of 1974; ntinuing to February of 19 5 with ;t he 'adoption:' of- the -Resolutio of Necessity. - The Yeian er 19751decision of Council was to;ap ly,for Federal Aid -ban Systems funding for a'deaign as'fo lows: Muscatine"wd'to.five lanes:be- tween;First Avenue d.,Wade; to threes between Wadeland Arthur Street; andrea t:,,of Arthur, a in the center lane. This -design; -was reject d'by the Stat nd..Federal''Highway offi- cials because of the me an strips' nd protection'.of:left.turns,. by raised islands. The rrowest` treet'.that they will=accept;: is a_two-lane of 31 feet"a d for other S,feet you can add a :: • left turn lane in the cente P astino noted that.the.crossing study. -shows that the safety p lem-is' the mind of the,parents"j. the longest wait is 35 'second X In his memo.of. January: 5, 1976,;; Index•No."82, he recommended ion -#1,;=five lanes from First" - `Avenue to-Wade,_three,lanee it ut'any median from --Wade to Scott. - _ -, Boulevard.- `Because of the ime c nstraints, he.asked for Council direction.. It was; pointe out tha we could"sell:'bonds for project and not apply_fo FAUS fund Plastino,passed:out the` Project Concept`cStateme t of`Novembe '17th as submitted to the, Stated `CounciL`discus 'ion included f ur-way stop:, signs vs. sig nal - lights;,traffic c unts, heavy le£t turns; no growth"out East _ because it :can't .be ewered until ,there 's a new sewer- plant;_` `traffic generated :the new, Willow/Musca ine low, housing project;_ a,,more comprehensive Mase;_TranBit: Plastino:;'_- noted=that=the nstriction of traffic is a",the `intersection ,and 30B/40B of_ t es to First Avenue, so he wa enthusiastic'-ab'out the 2 -way lef turn lane. He advised that we ould still be'with- in the right ofrway_boundaries with the five 1 es The general speeds out ere"are 40 m.p.h. ++n - ;instruct P astino to proceed with three lanes.:fo the:ent're:,dis tance' wi a'4 -way stop at Muscatine and First Av ue; ,if FADS^ / will ac ept,-that; if not, signal lights could be a ed. Qouno-sl�_ 1/ membe - d�, `Plastino pointed out that the new cut-off da, Statement. Jo r Freeway '518 would be February 2nd, and ,that -the Jo on County • R ional Planning Commission will have a short report=on c mputer ternatives run --relative to 518 and -also a rough draft o e Area raiisportation Study #2 Councilman :Foster: explained --t a aktorney fee necessary for the Vevera petition would`be-..$1,200 He ' will explain further -at the Tuesday meeting. Meeting adjourned,`= 5:30_P.m.