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Home My WebLink About1976-02-03 Council minutes[1INUTES OF OFFICIAL ACTIONS OF-COUNCIL 3 FEBRUARY 3, 1976 7:30 P,f7,' is $ The cost of publishing the following proceedings and claims Cumulative cost to date durin year for— sPublication is $ -gthis calendar. The Iowa City City; Council met in Regular. Session on the',. 3rd day of February, 1976, at_7:30.P.M. in .the Council', Chambers at the Civic Center. Present: Balmer, deP.rosse, Foster, hauser, Neu-.' Perret (7:32 P.M.), Selzer, Cevera. Absent: none. -Mayor Neuhauser;presiding. - Joe Lynch, a representative from the State Air Quality c- trol Commisson- ion was present concerning enforcement of-the State air pollution laws. It was moved by deProsse and seconded :by Balmer that the following agenda items and recommendations 'in:the Consent Cal dar be approved and/or adopted: en- --: -- - Reading of minutes of official actions Of regular Council meeting of January 20, 1976, `correction, subject to as recommended by the City Clerk. _ -- -- - Minutes of Boards and Commissions: Iowa City Riverfront Commission meetingOfJanuary _8, 1976 Iowa City Housing Commission meeting o£-January-12, 1976 Iowa City Parks and Recreation Commission meeting o£= January 14,_1976 Resolutions: Adopt Resolution No. 76-27, recorded iniResolution.Book 34,- Approving Class_B Beer.-Permit` Application -for Edna Eldeen dba/Hilltop Tavern, 1100 North Dodge, as recom- . mended by the City Clerk.. Adopt Resolution No. 76-28, recorded in Resolution Book 34, page 33, approving Class B Beer.'Permit Application for Things, Things & Things, 130 South Clint as recommended by the City Clerk. Adopt Resolution No.-76-29, recorded in Resolution Book 34, page 34, approving Class B Beer Permit Application for Richard Kuhlmann, _Larry 'dba/Jose Taco, 517 S. River- side, as recommended by the City Clerk. ; Page Council Minutes Pa 3 ' g February 3y 1976 It. was moved -by Foster and seconded by`Balmer to 'approve the Mayor's appointment of Randall Bezanson, 114 Post Road, to;` to fill unexpired term of Robert Downer, the Public Library Board expiring on July 1, 1977 Motion adopted, 7/0. It was moved by Foster and seconded by; deProsse to direct` the City Manager to give St. Joseph,Cemetery 30 -day notification of -discontinuation of grave digging service. After further di's- "cussion of the cost of grave openings and fees charged, it was;= Motion moved -by Selzer and seconded by Foster to close debate.: .' - carried unanimously. It was moved by Foster and, seconded by deProsse to direct the City Manager to give St oepStCemUpony' notification of discontinuation of'service,by April roll call Foster and deProsse voted "'aye", motion did not'carry, 2/5. It was moved by'Vevera and seconded -by Foster that the city charge the same charges for the,, Catholic Cemetery. as charged _ to the Oakland Cemetery. city Manager Neal Berlin noted he sup, ported discontinuance of; the service, as o_ther_.personnel would. have to be hired. -It was moved by:Perret and seconded by deProsse to"substitute -a motion. The Mayor called for a vote on; the Vevera motion.' On roll call vote, Vevera voted "aye`,.motion did not carry, 1/6. It was moved by deProsse and seconded by Ferret to direct the City,Manager to discontinue the agreement with St - Joseph Cemeteryfor grave digging, on a time schedule that will accommodate both the City and St. Joseph's, taking into consi- deration also the weather. Motion carried, unanimously. The City Attorney asked for a brief .executive session at the Monday af,ter- noon-meeting;for,discussion of two condemnation cases and an ' assessment case. After explanation by the Mayor ,and the City, Attorney that the Clinton Street parking lot on the corner of Burlington and J Clinton Streets is required to be sold to be incompliance;with the contract with Old Capitol Associates.- It was moved by. Balmer and seconded by Foster "that a public hearing be 'set on"February 17,; 1976,' to dispose of the north 310 feet of the east one -half -of the Block 101 to Old Capitol' Associates. Motion carried, 6/1, deProsse voting "no It was moved by Selzer and seconded by Balmer to adopt the Resolution No. 76-32, recorded in `Resolution Book 34, Page _Nos.. 37 and . 38 to Release an Easement over Certain nrrolltcallneNeuy Procter and Gamble Manufacturing Company: Up hawser, Ferret, Selzer, Vevera, Balmer, deProsse, and Foster,' voted "aye"._ Resolution adopted, .7/0. It was moved by Balmer and seconded:by Selzer to -approve the request from Ralph.Oxford for 10 taxicab permits for Super-. Cab and 14 taxicab permits for Yellow Cab „ and the rental of:two • MINUTES OF OFFICIAL ACT IONS"OF COUNCIL JANUARY. 20,-1976 1:30 P.M. The cost of 'publishing the following proceedings and claims ." is $ - Cumulative, cost to date during this calendar year or sai publication is $- _ . The Iowa City City Council met in Regular Session on the 20th day of January, 1967, at 7:30 P.M, in'-,the--*Council Chambers '. at the Civic Center. Present: Balmer, deProsse,-Foster,, hauser,'Perret, Selzer, hauser.presiding, Vevera`. Absent: `none.'. 'Mayor'Neu-.:` " Patric Guccione, co-chairperson _ for the Citizens for Environ= mental Action appeared, presenting apetition with 1,765'.signa- tures from the.Iowa City; community concerning street programs,'' the 518 Freeway,-Melrose`Avenue,'Mass Transit, and requesting -`any ' proposed street-widening: project be'submitted to'referendum'of:the citizens. The Mayor not February ,2nd is'.the deadl'.neito submit a review of the Environmental Impact statement for-Freeway 518`. Several citizens appeared supporting O1d.Capitol'Associates and the Urban Renewal Project:Don Scatena appeared representing Old Capitol Associates, thanking the; citizens who, appeared n'!be= half, of the :Urban Renewal project. He stated, that Old'Capitol ', Associates has proceeded in good faith at all times to"carry;,out `its contract, believes fully in the;legality"of its contract,'.and intends to ' pursue its fulfillment under any -,and 'all circumstances. Scatena noted the City has been requested to .prepare ,deeds for_'the land ,that will house the new facilities for ;the" Iowa State— Bank and Trust Drive-in Bank and Perpetual Savings &'Loan Building. The plans will be ;taken ;before 'the Design Review''Committeelwthin ' the next two weeks with construction scheduled for Iowa--State: Bank and TrustBankabout March 1. Regarding Plaza Centre Ir,`Scatena presented a commitment let- -ter, in the amount: of $2,175,000.00 from the 'New,YorkLife-Insurance Company which is subject; only to the approval of-the::final docu- mentation of the ;loan. . He also -presented'two certified checks, one 'in-the amount of $189,375.00 for ---the purchase of land for Centre ,;Plaza ;I and .$9,473.26 which satisfies the ;contract `adjustment compensation for Parcels.81/3'and 81/4 asagreed,upon in.the..7th Amendment of the Contract. A check has :been delivered.to theiBuild-:` ing Department in amount of`$1,681.55 for the plan check fee in Kansas City, and he advised:'that Old Capitol has an:Architect and an airplane standing by, prepared`to walk those plans through Kansas 'City,- He also noted that signed :,� construction contracts:-have been obtained for the construction of [Plaza Centre_I 'and, they are • Page 3 Council`: Minutes January 20, 1576 (2) Letter, from Joseph Wayner of.Wayrier's .3ewelry.- re re garding<no-parking -sign and parking:.ticket $y The City: Manager will -report 'on the suggestion after investigation. The motion was carried by the-following roll call vote:.`, Ayes; Balmer, deProsse, Foster.,-Neuhauser,:Perret, Nays:- none. Selzer, Vevera. Mayor-Neuhauser called attention to the petition concerning Councilman Vevera and commented that there':are`.two options ,>(1) to move ahead to seek a declaratory;judgment 'to determinei'if,Vevera is not a City employee :or (2)-take no action. .-cityCoAttorney $ayek ' replied if.the 'decision `is ahead, made to move uncil,shou.11d take -`'- into consideration the question''of 'of, Payment Mr.`Vevera's counsel.`_' fees.- It was moved bysPerret-and seconded by Foster that the City seek judicial determination on -the question of whMr.ether;-_or not`: Vevera 'employee is an of the City. Atty. Hayek 'noted that the way way the petition is drafted, Mr. Vevera is:a valid member of 'the Council, and therefore,-not a'City employee and 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 3, 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, 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 $1,250for.Mr. Vevera's.legal counsel, and his counsel wouldmanitemizdstatement of. charges to,the Council. Roll-call°-vote on`the'amendment: _deProsse and Foster`votng "aye"; Balmer, Neuhauser, Perret,Selzer voting "no"; Vevera " abstaining.; Motion-failed,:>2/4/1. -City Manager_-Ber- lin strongly urged CityCouncil to seek,:judicial":resolution -of-- f;_the issue-as soon as possible; noting that as: the ,City Attorirey'of- raised in his discussions, this is a verreal y problem, _,_such `as with the certifications necessary when selling'bonds. " Councilman Foster moved, -seconded by. deProsse, _to amend'the;previous:"motion to pay upto-$750.00. Roll call: Ayes: deprosse, Foster Nays: Balmer, Neuhauser, Selzer, Perret. Abstains Vevera." Motion;'=. failed, 2/4/1. Mayor Neuhauser requested a'voteon the;maintmotion to seek a declaratory judgment,_ deferred from the Januar meeting. meeting. Roll call: Ayes: Perret,:Neuhauser. Nays: ";Balmer deProsse, Foster, 'Selzer. Abstain: 'Vevera. Motion ,failed; 2/4/1.' Mayor Neuhauser announced Council c4ould not seek''a declara- tory judgment. Page 5 Council-Minutes January°20, 1976 It was moved by Selzer and seconded by_Balmerto adjourn . the meeting,--9:45 P.M. Motion adopted, deProsse'-absent.-' A more detailed and complete description of activities of:, Council available': in the City Clerk's-Office. - Mayor . by: if Cit Ab ie Sto us, y C �r c Community Development Program - Summary by FY - Strabala _ noted Start is concerne a out continuing commitments -'of HCDA funds and thought it was necessary for Councilto rediew the 5 -year HCDA package as a lump sum.-He-explained,how.the summary was figured and noted it did not include any..figures;f- the closeout of; U.R. ($600,000),; or rehabilitation, or, housing,.."Code Enforcement, or Comprehensive -Plan other than. -identified in the first FY 176 submission. In FY 181,,,$1,919,998_would"supposedly be available.'Mr.`Berlin explained more re ulat' een received from HUD indicating Code Enforcement money isVnoblonger, permitted to be ;spent forHousingCode Enforcement in=the'entre city;;_specific.areas where money is .to be, spent 'will, -have -to, -be - identified so amendments can be made later:- Strabala`'explained HCDA fundinc fnr`tho „e . .._c__ ,.. _. INFORMAL COUNCIL DISCUSSION FEBRUARY-5, 1976 7:00 P.M. The Iowa City City Council met in informal session on they 5th day of February,1976, in, the Council'Chambers of 'the Civic,' Center at 7:00 P.M. Councilmembers'present: Balmer, Foster', `. `Selzer, Vevera,-Neuhauser (7.10'P.M.,).; Perret and deProsse _ (7:20 P.M.). Staffinembers present: ;Berlin'Stolfus, Alexander, Schreiber, Kraft. Mayor Neuhauser, presiding. The first item was Public Hearing No. 1 on the Housing and Community` Development Act. It was noted that the:second public, hearing will be.on February 24th to review the committee's sug--.,,. gestions. Community Development Coordinator Paul-Alexander ex-.,.-' plained-the-background-of the-theIowa City's Block Grant for five years amounts to $8,242,998.00. " We are now applying -. for the second year entitlement. This public hearing`.is apart of the application procedure. This allows the public to more. input 'into 'Community Development activities. It was pointed:. out that the responsibility ,for the program is _squarely on the;•_`: shoulders of the Council. Theiapplication consists of six parts:: (1)"the Community` Development Program, (2) the Community Develop-, -ment Plan, (3) the Housing Assistance.Plan; (4)'Budget' (5) Assul •` - ances-by Council and (6)`Performance Evaluation of the First Yeari Councilwoman deProsse arrived,-(7:20 P.M.). Director of Community Development Dennis Kraft outlined-the,:- utlined the.activities activitieswhich will be eligible and those which .will be in-, eligible under this program, which replaces the Urbari;Renewal- programs,, the Model Cities program and the Federal' .Open Space_;,; '.7 . programs.' He advised'checking'.out with. the Federal authorities,S if projects will be eligible-'to be:funded.` mayor -Neuhauser questioned if auxiliary programs` should:be-readied to add -if-any, are ineligible.' 'Kraft agreedthey C of the recommended projects • should be. 'Council discussed `the 'legal definition of a'`"neigh- -- borhood". in relation-to the HCDAgrant. -In.answer to the ques- tion concerning coordination of the committee process'-to the <. Comprehensive Plan, Kraft noted that.it would be';minimal;,he.' could-only make:the -committee' members aware Iof what is`happen--, ing, and at a greater:degree.as the'Plan:is developed':next year.: It was pointed outthatthe committee would be invest igating`,and considering projects not just'for this application, but'for-.the`: long :range :Comprehensive Plan. Uses of the grant include,reha-': bilitation of deteriorated existing; structures, for which $2,00,00 was allowed from last year's, allocation. Gary Askerooth noted concern that only about 30%'of the per, sons present were not Councill!Staff;or the Committee.:In'answer', • to a, question from the -audience, it was pointed out that the Page _2 - -'. Council Discussion` • February 5r:1976 City cannot provide new housing under Title I of the Act which is what Iowa City is dealing with. There 'was°geneial'rdiscussion' of temporary housing on' -City -property'. The City Manager advised that the Housing Commission is investigating rehabilitation of•, '- Permanent existing housing. Alexander questioned`if tempr housing would be oary worthy of buying to rehabilitate; when -by by -.ha it is temporary. Kraft stated that the Act'. related to ;real propi Mayor`Neuhauser introduced the members of the Committee, on Community needs who were present: William Dennis; WlliamKinna mon, James Ha11,:H'. R. Amidon,iJune Davis (who-,willalternatewii -Flo Stockman), Andrea Hauer, Gary Askerooth, Bob'Conley; Robert �, Hibbs, Jim Potter, Ira`Bolnick- Dave Heintz, Mark Januik,.Krstir Neilsen. "Claudia Dalrymple was not present. This committee will meet ---on Wednesday, February 11th 'I at 7:30 P.m. and on Thursday,: February 12th at 1:00 P.M. at which -.time they will receive input and comments from the citizens: The final -public -hearing be .will on February 24th to review the committee's -recommendations. Mayc Neuhauser noted appreciation of the participation by these ;commit Mee 'members: Alexander advised that the deadline for the A 95:,re-view of t application for $2,060,000 • would be March 1. The program n-11 amended during the year, be this would have to_be_justified-in -but some: way. The meeting adjourned, 8:00 P.M Council moved into the Conference Room to finish discussion of the, Capital Improvements Program for FY '77 through:.FY City Manager Neal Berlin called attention to other`material'pre-` -sented: the ,Goals and objectives for General Fund "of Community.: Development Program,.Planning Function, Housing Division rxand<'Urba: Redevelopment Division;:-the memo on the Renewal ;closeout:`- from Alexander;.memo from Vann concerningthe Committee -on Com= munity'needs. Other Staffinembers present for the` -Capital Improve• ments Program discussion were: Plastino, Showalter, Rauh,. Struve Jones,-and'Strabala. The C.I.P. discussion started on Page 13 with,:Item 44-5, As- phalt Resurfacing, some Councilmembers.expressing concern and asking for reconsideration Council's of past policy, noting the importance of maintaining the streets. Concerning 'possible' fund= inch sources,,Strabala noted that bonds could -.be used for4rout-` maintenance such as this, but it is not advisable. :'There ' is - no Road Use"Tax money for -this use. :Councilman ' Perret_note-d a'' bill in the legislature to increase the City's share,of R.U.T.frc 15seto-23¢. :Strabala advised operation and maintenance costs, -6 covered • for Streets, Maintenance and 2/3 of Traffic Control.;.,Othe agreed that R.U.T. money -should `be moved into streets. mtena_c,e_f_, te -" Page'3 CouncilDiscussion • - February: 511976 The City Manager agreed but questioned' where 'the trade-offs would be. Director of`Public `Works Dick' Plastino: noted' that ` there is a $50,000 slurry. seal--program :anda-$30,000, mudjacking`; program in the budget for FY '77.=`Reasons'<for mudjacking were_: explained and discussed. .Berlin noted that the `financial situs- tion- will probably not be any better next year. Item 44-6 'Sidewalk Assessment` Program A complaint concerning sidewalkon Oakcrest, in. front of :Oaknoll Retirement Center was--noted:. The 'side-, - walk policy and the sidewalk release problem were -, discussed, and it was suggested that sidewalk in spection be done along with `the,inspection;'for occu- pancy-of the house. Item 44-7 City's Share Extra Width Paving Plastino explained why the, city pays for this, and noted it had been moved to the-operating:-budget. Item 44-10 Benton Street Bridge Sidewalk Project,- FY 176`Comp* letion_ Councilman Selzer'asked for a short explanation of t this <program. ` • Item 44-11 Bikeway Project. Kraft advised thepreliminarybikeway plan is completed. Item-44-13:Muscatine-Court Culvert Project (deleted) Plastino stated the consultant.as not_:planning to>:widen - the creek. - Item 44-14 Scott' Boulevard-Improvement Councilman Selzer suggested that the City ;ought Ito pur- chase ground this year from Hieronymous for right=of_' way from Highway 6 Bypass'to Local Road. '_He thought we could expect some cooperation'-from the County. 'It was noted that from Muscatine Ave. to Highway 6:owners could dedicate the necessary ground.for right-of-way:, The City Manager suggested that :this was an-_integral part ;of the Comprehensive Plan.- lan.-Item Item44- Jefferson-Building Vault Repair Project Council questioned why the City should`be.paying for this, - and discussed use ... of ground rights. Also'suggested:was the City paying for 'the cap only: = Item 44- Norman Trek Boulevard Improvement ; ` Councilman `Perret.advised'':of his support for thisrproject. Item 44- Paving! Assessment; Program : • Plastino gave an explanation of the proposed paving assessment program. Page 4 - Council Discussion February 5,,1976 Item 44- Spruce Street Storm -Sewer Project Councilwoman deProsse noted that, the reason for this was because.of a future rezoning:to an office 1park ?s zone. `'There; is already''a water problem there;:', with runoff from the Iowa -Illinois Building _and , -the railroad. Several Councilmembers asked that the'question of :who , is responsible for the, present'flooding and =what poten tial rezoning liability would be, be referred'to legal; _. staff, Selzer Apposed. ' Item 44- Highway 6-218-1 Intersection Improvement ' The reason for the 'signal proposal was -explained. _ Plastino advised that State participation in rebuild- , ing the intersection looked dim.` Federal funding -= ;. FAUS - could -conceivably .be' used for funding.;in the' future. The State would -have to,'be asked i£.rerouting= of Highwayl,was feasible._ Item 44- Service Building_Lot Asphalt Project The effect on employees': morale was=noted. 'Item `44- Schemmel Sewer Project • The Mayor commented, that the City was obliged to do' this. .Plastino explained the. poor design.':,. -The. City Manager -stated that our city ordinances allow storm ;. water to be handled 'im.this way and `hopefully the'Ral-- ' ston_Creek=study _will come''up,with a=way ,to _deal with ;- ' this. :Plastino advised that if`City crews did: the `pro- ject, it would be done with less money,and outlined what-was'planned. - Item 44- Highway #6 and #218_Storm -Sewer Project Previous Council action -and -support -by weref% -Resolution noted.--Plastino advised_ that the City is'responsible' -for closed conduit drainage under.State.Highways,"and,;., if it had caved in, it would have been<""the City's problem: Item 44 ----- University ;,Lake -Development Bikeway,Project ..,- ` - The -develo developer will -pay-2/3rCit 1 3 and'.Council -is com=' P Y• / , mitted to this; Road Use; Tax funds could be"used. Item 44- Parking Facility #1 Project = The $5,350 cost for each parking space was,:questioned. '.. Strabala-advised that the -costs were as accurate as- they could`: estimate and compared with proposed: Univ ersity, . ramp costs. The first phase would cost.$3;750,000;:.2nd.' phase planned for 1981. Page 5 Council Discussion `'. February 5,'. 1976 Item`51-1 -R-14Sanitary' Sewer Improvements' Mayor Neuhauser noted the need for an ordinance* ' ing underground utilities:`"'.Berlin advised Ghat the; -.Legal Staff is preparing this. The need for<proceed ing now was discussed. Item 51-2 River- :Corridor Trunk Sewer Improvement "Plastino-explained that -this -would-replace--the main_: -sewer, and the plans have been completed years ago.;_There,is no possibility funding, but would'be eli- gible for HC.D.A funds.; Council discussed doing only, a portion of the project =- to Kimball; Road. This'also' depends on the Comprehensive Plan. The Staff will ;in-_' vestigate costs fora portion. - Item 51-5 West Park`Lift Station Improvement (FY Completion Plastino noted that ':,this`is a; top priority ;projpct..," Item 51- Waste Treatment Facilities`Improvement_- - - This projectcouldbe funded :75% Federal, 20% City,;: and 5% State, and will be discussed afterthe,3rd stage of ' the Veenstra & Kimm=report is received. = • [ Item 52-1 R-14 Water Improvements - Strabala.advised'that $34,000 ' would be saved if mains for fountain area-at°.intersection:' of Dubuque & College were` -bypassed. The, fountain -.,;would -_1'` " be $200,000. U.R. Contract amendments for';this were =' suggested. Item 52-6' Water Plant Sludge Treatment Project Plastino explained the present plan. Item -61 -1,= -Neighborhood: Parks.Improvements .- ' Strabala explained` that the"$160,000 is,H C:D.A. FY '/6 : and FY 177. Item 61-2 .Public Tree Planting Project The City Manager noted -$15,000 of street treet planting: had been deleted. -,Encouragement-of.public plantings in_ the parking was discussed: Need: for larger trees'to plant, subdividers`providing,trees, establishing a,_ - forestry as'a supplement' - to what can =be provided by; wholesale nurseries; and.tree planting permits were = ': " rdiscussed. Item :61-3 South Side Park Acquisition (FY 176.Completion) could " not publicly be discussed. ' Page 7 Council Discussion • February 5, 1976` It was, pointed out that there were few-alternativemethods presented for funding or`revenues. =,The . City Manager";advased` that -that is what Staff is telling Council, -therenot a'lot ._are of alternatives.- Instructions were to come back with abal- ` anced budget; this is the point at which Council sis to;begin to . assess programs. If a list of alternatives was wanted<at this point, the City Manager`' advised he could not then come back with a balanced --budget. It was suggested that the Department of Community Relations be abolished, as the City Manager's office accomplishes the - " same functions. Also there was concern that no alternatives were presented for the _Mass Transit program. The Manager com- -City mented that there was not time for this, and if Council wanted` information on any alternatives or any concerns, Staff would try."-. to generate, more information.` Concern was expressed that de,-' cisions,were made .at the Staff level instead of -the Council,le_vel: The'City.'Manager commented that as Council goes through_ the" budget, to what ask happens if we do this, _-or-state--,that you do not like the alternative presented. Concerning _the idea that'- Council write down a list of particular programs and -areas in'- in, -`terested the need for program costs was reiterated.:'" Meeting adjourned, 10:45 P.M. •