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HomeMy WebLinkAbout1976-05-04 Minutes numberedCOMPLETE DESCRIPTION OF MAY 4, 7:30 0 COUNCIL ACTIVITIES 1976 P.M. The Iowa City City Council met ,in Regular Session on the 4th day of May, 1976, at 7:30 P.M., in the Council Chambers at the Civic Center. Present: Balmer, deProsse, Foster, Neu- hauser, Perret, Selzer, Vevera. Absent: none. Mayor Neu- hauser presiding. Bill Heinzel appeared regarding Senate Bill I, expressing opposition to that Bill. Ms. Carter also appeared thanking the citizens of Iowa City and people throughout the county for their / support for the Committee. 67 Mayor Neuhauser made the following proclamations: May 9-15 Day; May 8, 1976, as Gil and Naomi Voss Day; May 9-15, 1976, as Small Business Week; and May 4, 1976, as Chauncey Swan Day. It was moved by Balmer and seconded by deProsse that the following agenda items and recommendations in the Consent Cal- endar be approved and/or adopted as amended: Reading of minutes of official actions of Council meeting of April 13, 1976, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: City/University meeting of March 31, 1976 (/07.) Iowa City Riverfront Commission meeting of,April 22, Iowa City Parks and Recreation Commission meeting of April 14, 1976 Resolutions: Consider Resolution No. 76-128, recorded in Res. Book 35, page 155, approving Class C Beer Permit applica- tion for A & V Pizza Villa, 531 Kirkwood Avenue. Correspondence: Letter from City Attorney regarding 1976 General Obli- gation Bond authorization. The motion was approved by the following roll call vote: Ayes: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Nays: none. 0 0 Page 2 Council Activities May 4, 1976 After discussion of the number and appointment procedure of members for the Riverfront Commission, it was moved by Foster and seconded by Balmer to refer the Resolution amending Reso- lution No. 73-148, by Altering the Membership of the River - front Commission, to the Rules Committee for a report back next week Motion adopted unanimously_ It was moved by deProsse and seconded by Perret to -...,....�.. ......... ......e..1-� +r, +hc fnllnwinrt Rnnrds and Co Dr. Robert Ogeson, 305 Woodridge, to the unexpired term on the Planning and Zoning Commission, term to expire 5/1/78; and John Kammermeyer, 2 Woolf Avenue, and Juanita Vetter, 3011 Brookside Drive, to fill the full terms, expiring May 1, 1981; Jim Harris, 219 Ronald Street, to fill the unexpired term on the Johnson County Regional Planning Commission, term expiring June 1, 1978; and Stephen Lombardi, 5310 Westlawn Residence Hall and Barbara Bouschlicher, 2027 Taylor Drive, to fill the vacancies on the Housing Commission, terms expiring May 1, 1979. Motion adopted, unanimously. Councilman Perret called.attention to a meeting Thursday in Des Moines with the Johnson County Regional Planning Commis- sion members and Legislators, to discuss state subsidies for Mass Transit. He noted 4 members of the Council would attend //-- along with members of the City Staff. V%('i Councilman Vevera noted he had attended the Eastern Iowa Crime Commission meeting and inquired why Iowa City didn't sub- mit any plans. Police Chief Harvey Miller responded that our plans were submitted to the Johnson County Agency and were re- , jected by them; therefore they didn't go any further. Mayor Neuhauser reported on the meeting in Washington, D.C. with the Revenue Sharing Task Force. She.also called attention to a meeting she attended in Burlington concerning the high cost „f nrnviaina secnndary sewage treatment. Councilman Selzer requested establishment of a "master list" of agencies, Boards and Commissions, Chamber of Commerce, League of Women Voters, Professional organizations, service clubs, neighborhood groups, and others. When a new ordinance or ordi- nance revision is being considered, these groups would be in- formed and Council would get their input. Councilman Foster called attention to the item on the ag indicating Council may adjourn to Executive Session for discu sion of the recent rulin handed down b the court dealingwi the Urban Renewal lawsuit. He said his feelings were that th should be discussed in open session. City Attorney Hayek re- sponded decisions are difficult to make in open session, when Page 3 0 • Council Activities May 4, 1976 you need to fully and frankly discuss the ramifications and Potential actions of various parties involved and what they are going to do, especially if they are going to read or hear about it from the news media. After further discussion, Mayor Neuhauser asked that a motion be made to discuss this item at this time. There was no motion. s. Annie Warner. Beverly Horton, Shelter -7 master, explained the problems involved and actions taken. Persons appearing that had been bitten by the dog were: Tim Kelly, 100 E. Church; Barbara Oakley, 120 N. Gilbert; and Police Officer Steve Heath. Harold Wesley, California Ave., told of his son's experience of being bitten by a dog (not the one in question). Richard Magino explained the dog "Hobo" had chased his chickens. Those appearing supporting not destroying the dog were: Marta Bartlet, 19 Forest View; Ann Warner (owner of the dog); Linda Hoff, South Capitol St.; Craig Curry, 528 South Capitol; and John Tinker, North Liberty. Lea Odkin,. Kalona, requested that the dog be allowed to stay with her in the country. Mayor Neuhauser declared the hearing closed. It was moved by Balmer and seconded by Vevera to adopt the Resolution. After further discussion, Councilman Vevera called for the question. Roll call: Ayes: deProsse, Neuhauser, Vevera, Balmer. Nays: Foster, Perret. Councilman Selzer Out -of room. Motion adopted, 4/2. Roll No. 76-129 allall— adoption of the R cnlnf, ra, recorded"a RPs Boo_ k 35, aae tion of th156 the De ruce Animal. Ayes: Foster, Neuhauser, Veve Balmer, deProsse. Nays: Perret. Absent from room: Selzer. Councilman Balmer asked what effect the court decision would have on HCDA funds. The Mayor indicated the City Mana- ger would contact HUD tomorrow and HUD will advise us what can be done. city Manacrer Berlin reported that HUD has approved an d r t incor orate those increasessint000ur Housingaand motion should be made to accept them. It was moved by Foster and seconded by deProsse to accept the revised eligibility income figures for Section 8 Housing. Motion adopted, unanimously. Mr. Berlin alsp called attention to discussion in Informal Session of May 3 which dealt with allocating a portion of the balances of Fy '76 HCDA funds for(1) ) Unit and 2 , $500 - Police Explorer ( ) $2 000 - Johnson CountyCouncil on Aging. He noted a letter had been received from Mary Rock, Board Of Direc- tors of the Johnson County Council on Aging. Mayor Neuhauser requested that a motion be placed before Ju next week. Council concerning this It Public Hearin was held on the destruction of the dog named Hobo" owned b M s. Annie Warner. Beverly Horton, Shelter -7 master, explained the problems involved and actions taken. Persons appearing that had been bitten by the dog were: Tim Kelly, 100 E. Church; Barbara Oakley, 120 N. Gilbert; and Police Officer Steve Heath. Harold Wesley, California Ave., told of his son's experience of being bitten by a dog (not the one in question). Richard Magino explained the dog "Hobo" had chased his chickens. Those appearing supporting not destroying the dog were: Marta Bartlet, 19 Forest View; Ann Warner (owner of the dog); Linda Hoff, South Capitol St.; Craig Curry, 528 South Capitol; and John Tinker, North Liberty. Lea Odkin,. Kalona, requested that the dog be allowed to stay with her in the country. Mayor Neuhauser declared the hearing closed. It was moved by Balmer and seconded by Vevera to adopt the Resolution. After further discussion, Councilman Vevera called for the question. Roll call: Ayes: deProsse, Neuhauser, Vevera, Balmer. Nays: Foster, Perret. Councilman Selzer Out -of room. Motion adopted, 4/2. Roll No. 76-129 allall— adoption of the R cnlnf, ra, recorded"a RPs Boo_ k 35, aae tion of th156 the De ruce Animal. Ayes: Foster, Neuhauser, Veve Balmer, deProsse. Nays: Perret. Absent from room: Selzer. Page 4 Council Activities May 4, 1976 Resolution adopted 5/1. After a request to delay the execu- tion, it was moved by Foster and seconded by Perret to re- consider the Resolution and delay action for 48 hours. Roll call: Ayes: Perret, deProsse, Foster. Nays: Neuhauser, Vevera, Balmer. Abstain: Selzer. Motion failed, 3/3. It was moved by Selzer and seconded by Balmer that the rule requiring that ordinances must be considered and voted for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived, that the ordinance,, Rezoning a 12.9 Acre Tract of Land from R1A to RIB for Frantz east of Sycamore Street be voted upon for final passage at A this time. Roll call: Ayes: Neuhauser, Selzer, Vevera, Foster, Balmer. Nays: deProsse, Perret. Motion failed, 5/2 (extra- ordinary vote was required). It was moved by Foster and sec - vote for passage. Roll call: Ayes: Perret, Selzer, Vevera,y' 9 Balmer, Foster, deProsse, Neuhauser. Motion adopted, unani- mously, 7/0. It was moved by deProsse and seconded by Foster that the passage. The question of Councilman Balmer's conflict of in- terest was brought forward. Mayor Neuhauser requested the City Attorney to define what a conflict of interest is. Roll call: Ayes: deProsse, Foster, Neuhauser, Selzer, Vevera, Balmer. Nays: Perret. Motion adopted, 6/1 City Clerk Abbie Stolfus explained the change in' order of Items 13 and 14. After discussion, it was moved by Vevera and seconded by Selzer that the rule requiring that ordinances must be considered and voted on for passage at.two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived, and that the ordinance for the Planned Area Develop- ment Plan of Part of Lot 23, MacBride Addition', Part 1, be voted upon -for final passage at this time. Roll call: Ayes: Selzer, Vevera, Balmer. Nays: deProsse, Foster, Neuhauser, Perret. Motion failed, 3/4. It was moved by Foster and sec - 7 6 first vote for passage Roll call: Ayes: Vevera, Balmer, cp p deProsse, Foster, Neuhauser, Perret, Selzer. Motion adoyZted, 7/0. Mayor Neuhauser noted Item 14.a. and Item 14.b., Reso- lutions, would-be omitted at this time. It was moved by deProsse and seconded by Perret to ution Nn_ 79-lin4- n__ n....L vc -___ I Page 5 Council Activities May 4, 1976 "j=lk9 Chancres in the Finance Department Barbara Woodward, 627 Orchard Street, member of,Human Relations Commission, appeared presenting a statement regarding the Affirmative Action Policy for the City of Iowa City. It was moved by Perret and seconded by deProsse to receive and file the statement. Motion adopted, unanimously. Rev. Welsh appear- ed for discussion. Roll call: Ayes: deProsse, Foster, Neu- hauser, Perret. Nays: Balmer, Selzer, Vevera. Resolution adopted. 4/3. It was moved by deProsse and seconded by Perret to adopt Resolution No. 76-131_, recorded in Res. Book 35, page 158, Accepting Street_ Improvements on Woodside nriuP Fin,Tth �F TT.,4- v_ersicv Lake Addition Roll call: Ayes: deProsse, Foster, Neuhauser, Perret, Selzer, Vevera, Balmer. Nays: none. Resolution adopted, 7/0. It was moved by Balmer and seconded by Selzer to adopt ution No. 76-132 recorded in Res. Book 35, page 159-160, vinq plans. Specifications Contract and Estimated Cost �U,. L-ue r z -.ii b.r_urry heal Pro-ject. Roll call: Ayes: Foster Neuhauser, Perret, Selzer, Vevera, Balmer,-deProsse. Nays: none. Resolution adopted, 7/0. It was moved by Foster and seconded by Vevera to adopt Resolution No. 76-133, recorded in Res. Book 35, page 161-162 Approving Contract for Leqal Service with the Citv Attnrrv i Ayes: Neuhauser, Perret, Selzer, Vevera, Balmer, deProsse, Foster. Nays: none. Resolution adopted, 7/0. Co'3 It was moved by deProsse to adjourn the meeting, seconded by Perret. Roll call: Ayes: Perret, deProsse, Foster. Nays: Selzer, Vevera, Balmer, Neuhauser. Motion failed, 3/4. It was moved by Balmer and seconded by Selzer to adjourn to executive session to discuss litigation on Urban Renewal. John Morrissey requested the City Attorney cite the Code Section applicable for executive session. Attorney Hayek read from Section 28n of the State Code. Mayor Neuhauser suggested if Councilmembers wished to be informed of what is taking place, they could con- tact the City Attorney individually. Roll call on the motion to adjourn to executive session: Ayes: Selzer, Vevera, Balmer. Nays: deProsse, Foster, Neuhauser, Perret. Motion failed, 3/4. It was moved by Foster and seconded by Vevera to adjourn the meeting at 9:55 P.M. Motion adopted, unanimously. Mayo:: City Clerk of Iowa City DATE: April 30, 1976 TO: City Council FROM: City Manager RE: Material in Friday's Packet Chapter 3.38, Forestry, of the Municipal Code. �7J Memorandum to City Council from City Manager regarding evaluation. bN Mlemorandum to City Council from Director of Community Development regarding/ 97 Finkbine Commuter Bikeway Project. Invitation from Robert Lucas School to City Council. Oy Copy of letter to Mr. Wilbert Frantz from City Manager regarding zoning &6q ordinance. Memorandum to City Manager From Director of P blJ Works regarding stop signs at Western and California. l Memorandum to City Manager from DiStor of Public Works regarding Park Road Bridge deck repair project. 6-(// Minutes of Staff Meeting, April 28, 1976. (p la Copy of letter to Mr. Dick Plastino from Department of Transportation regarding locks and Dam #26. Calendar for the month of May, 1976. Memorandum from Director of Human Relations regarding Prohibited Practice . (V 7 Complaint.along with Application for Preliminary Investigation and Motion to Dismiss written by Assistant City Attorney. Minutes of Facility Plan Citizens Committee meeting of March 24, 1976. �///15 Memorandum from Citizens' Advisory Committee regarding comprehensive project Z & Information regarding Senate Bill One. Transient Services Project Report. Interagency Newsletter. >W— 1, -Ay 0-7 Unwas City DAUt April 30, 1976 TO: City Council FROM: City Manager R:: Material in Friday's Packet Chapter 3.38, Forestry, of the Municipal Code. Memorandum to City Council from City Manager regarding evaluation. b Memorandum to City Council from Director of Community Development regardin�O� Finkbine Commuter Bikeway Project. n OO Invitation from Robert Lucas School to City Council. �BvY Copy of letter to Mr. Wilbert Frantz from City Manager regarding zoning �b q ordinance. Memorandum to City ,tanager from Director of P b�* {Yorks regarding stop signs at lVestem and California. C[�� Memorandum to City hfanager fromDizec�tor of Public Works regarding Park Road Bridge deck repair project. 61 Minutes of Staff Meeting, April 28, 1976. u Copy of letter to Mr. Dick Plast.ino from Department of Transportation regarding locks and Dam 826. C�� Calendar for the month of Dtay, 1976. i Memorandum from Director of Human Relations regarding Prohibited Practice . &qi'' Complaint.along with Application for Preliminary Investigation and Motion to Dismiss written by Assistant City Attorney. Minutes of Facility Plan Citizens Committee meeting of March 24, 1976. l �� Memorandum from Citizens' Advisory Committee regarding comprehensive project &Oq Information regarding Senate Bill One._C)� Transient Services Project Report. Interagency Newsletter.