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HomeMy WebLinkAbout1976-06-08 Council minutes0 0 MINUTES OF OFFICIAL ACTIONS OF COUNCIL JUNE 3, 1976 7:30 P.M. The cost of publishing the following proceedings and claims is $ Cumulative cost to date during this calendar year for said publication is $ The Iowa City City Council met in Regular session on the 8th day of June, 1976, at 7:30 P.M., in the Council Chambers at the Civic Center. Present: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Absent: none. Mayor Neuhauser presiding. Michael Cavitt, of 2609 Lakeside Apartments, Iowa City, Chairman, presented the Bicentennial Issue of World Issue from the University of Iowa Baha'i Club and themselves to the Mayor, City Council, and City Manager. Mayor Neuhauser proclaimed the week of June 19 - 27, 1976, as National Tennis Week. Shirley Sixt, President of the League of Women Voters, read their letter, Item 4.d.4. of the Consent Calendar, con- cerning Urban Renewal. It was moved by Balmer and seconded by Selzer that the following agenda items and recommendations in the Consent Calendar be approved and/or adopted: Reading of minutes of official actions of Council meet- ing of May 18 and May 25, 1976, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: I.C. Riverfront Comm., 5-16,27-76; I.C. Planning & Zoning Comm., 5-20-76; I.C. Parks & Rec. Comm., 5-12-76; Housing Comm., 5-10,15-76 & 4-5,12,28-76; Library Bd. of Trustees, 4-22-76; Mayor's Youth Employ. Bd., 5-17-76; Human Rel. Comm., 5-24-76. Page 2 Official_:Actions'of Council June 8, 1976 Permit Resolutions I as recommended by the City Clerk: - Resolution #76-159A, recorded in Book 35, page 198, approving Dancing Permit application for Eagles Lodge #695 Resolution #76-159B, recorded in Book 35, page 199, approving Class C Liquor Permit applica- tion for Eagles Lodge #695; Resolution #76-160, recorded in Book 35, page 200, approving Class B Beer Permit application for Cahill Brothers, Inc., dba/Happy Days Pizza and Ice Cream Parlor, 1515 First Avenue. Resolution #76-161, recorded in Book 35, page 201, approving Class B Beer Permit, Sunday Sales application for Cahill Bros., Inc. dba/Happy Days Pizza and Ice Cream Parlor, 1515 First Avenue. Resolution #76-162, recorded in Book 35, Page 202, approving Class C Liquor License applica- tion for American Legion Post #17, American Legion Road Resolution #76-163, recorded in Book 35, page 203, approving Class B Beer Permit application for The Best Steak House, 1 South Dubuque Resolution #76-164, recorded in Book 35, page 204, approving Class B Beer, Sunday Sales application for The Best Steak House, ]. South Dubuque. - Resolution #76-165, recorded in Book 35, page 205, approving Class C Liquor Permit application for The Mill Restaurant, 120 E. Burlington. Resolution #76-166, recorded in Book 35, page 206, approving Class B Liquor License application for Howard Johnson's, North Dodge Street • Page 3 Official Actions of Council June 8, 1976 Resolution #76-167, recorded in Book 35, page 207, approving Class B Liquor, Sunday Sales application for Howard Johnson's, North Dodge Street Resolution #76-168, recorded in Res. Book 35, pages 208 and 208A, approving Cigarette Permits Correspondence: Letter from Larry Heeren, Program Manager, HUD, re- garding Community Development Block Grant Program and Urban Renewal Project R-14, referred to the Department of Community Development for reply. Letter from Mary Rock, President, Johnson County Council on Aging, regarding funding, referred to the City Manager's office for reply. Letter from John Harper, President, Citizens for a Better Iowa City, regarding Urban Renewal, referred to the Department of Community Development for reply. Letter from Shirley Sixt, President, League of Women Voters, regarding Urban Renewal, referred to the Department of Community Development for reply. Letter from Donna Friedman, Johnson County Arts Coun- cil, regarding purchase of Old Post Office, referred to the City Manager's office for reply. The motion was approved by the following roll call vote: Ayes: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. It was stated that the purchase of the Old Post Office Building would be on the June 21 Informal Council meeting's agenda. Moved by Vevera and seconded by deProsse to allocate $2,000 of the FY '76 Unexpended Funds to the Johnson County Council on Aging. Motion adopted, unanimously. Council did not take action on the recommendations from the Parks and Recreation Commission regarding an adoption of fees and charges policy or the support of the concept of the Children's Museum; nor did they take action on the Riverfront Commission's recommendations to (1) place a moratorium on issu- ance of building permits in 100 -year flood plain, (2) offer to purchase portions of Shower's property; or the Planning and Page 4 Official Actions of Council June 8, 1976 Zoning Commission's recommendations (1) to support the pro- posed Storm Water Retention Ordinance or (2) to support the grant application for a study concerning neighborhood preser- vation. As City staff is investigating the fulfillment of other obligations under the contract with Stanley Consultants, it was decided to defer consideration of the recommendation from the Riverfront Commission to provide $2,000 so the Stanley Consultants contract could be amended to obtain more detailed information and for them to provide a plan for South End Park. Moved by Foster, seconded by Perret to adopt Resolution #76-169, as recorded in Resolution Book 35, pages 209 and 210, Approving the Final Large Scale Residential Development Plan of Autumn Park Apartments. Roll call: Ayes: deProsse, Foster, Neuhauser, Perret, Selzer, Vevera, Balmer. Resolution adopted, 7/0. Bill Jacobson, Executive Vice -President of Midstates Development, Inc., acknowledged their appreciation of Council's acceptance of the elderly housing development and briefly summarized its progress. Since it was uncertain that the revised documents had been submitted to the Department of Community Development con- cerning the final plat of Village Green Addition, Part 7, a motion was made by deProsse and seconded by Foster to defer the resolution approving this until June 21st. Motion carried, unanimously. bloved by deProsse,seconded by Perret for Mayor Neuhauser to compose a letter to be sent to the Planning and Zoning Com- mission reflecting Council's desire to be informed with each P s Z recommendation concerning subdivision plats and rezonings as to how they will affect runoff in Ralston Creek. Motion passed unanimously. Mr. Berlin informed Council of last week's meeting between staff and representatives from the University of Iowa concern- ing sewer rate increase. He had conveyed Council's concern that there had been no movement in negotiations since last August. When informed by the City that the rate increase adopted by Council last year would go into effect on August 1, 1976, they stated that they would not pay the increase but would hold the difference between the current rate and the increase until such time the City and the University come to mutual agreement as to what rate they should be charged. Larry Kutcher, the Presi- dent of Student Senate, expressed his concern that the Univer- sity students in residence would be paying for the increase. Page 5 Official Actions of Council June 8, 1976 Perret announced that Emil Brandt has assumed the office of Executive Director of the Johnson County Regional Planning Commission_ He also mentioned he had received calls from Mark IV residents complaining about the lack of recreational facilities for children near their complex. It was suggested by Mr. Berlin to have staff members and/or any Councilmembers who might be interested to meet with some of the residents at Mark IV to see what can be done to resolve this matter, which will be discussed later. There was some discussion as to whether or not the City had a legal right to prevent the development of another large scale shopping center outside the CBD until Urban Renewal plan of direction had been solved. City Attorney John Hayek will study the possible ramifications and have a report ready for the June 22 meeting. Francis Hammit, a developer, appeared. Mayor Neuhauser acknowledged the receipt of a letter from the Chamber of Commerce concerning their support for the 1969 Urban Renewal Plan and a letter from Harold Bechtoldt, Charles Eastham,and Jeanne Smithfield stating their intention not to appeal the decision concerning the City's Urban Renewal contract with Old Capitol Associates. Selzer moved, seconded by Balmer, to accept both of these letters. Motion passed, unanimously. Council discussed matching funds in the amount of $2,800 for playground equipment at North Market Square Park. Children of Horace Mann School had raised $1,200 for this purpose and had asked for City funds to complete their project. Mr. Berlin indicated possible use of operating funds. Moved by Balmer and seconded by deProsse to authorize the expenditure of funds to repair South Riverside Drive. Motion carried, 7/0. Councilman Vevera expressed a friend's interest to buy two buffalo owned by the City zoo. Mr. Berlin will check into this. Council reconsidered the amended FY '77 HCDA application list. Several Councilmembers questioned the need to allocate $470,000 for Neighborhood Rehabilitation and the possible uses for this allocation were discussed, including a Neighborhood Center. There was some discussion concerning the allocation for Ralston Creek. Ed Brinton, of Powers -Willis, explained two areas of concentration concerning Ralston Creek. City Attorney Hayek cautioned against proceeding with projects without the Environmental Statement. Andrea Hauer, Committee on Community Needs member, indi- cated they allocated $390,000 for Ralston Creek with the in- tention that some of it would be reserved for the completion of the project in 1979-80. J Wage 6 • Official Actions of Council June 8, 1976 It was the consensus of the Contingency fund and $of peoCouncil tation fund to increase to take $50,000 out of the Ralston r the Neighborhood it After Creek fund Rehabili- Resourc further discussion t° $200,000• e Centers, Council concerning Community Needs decided g the Neighborhood be allocated, to determine to direct the and Moved b whether or not Committee on Prove the amended Fy Y de and more funds should unanimously, 1976-1977 seconded by Foster to HCDA program, an - Motion carried, in on totb Manager Berlin called Council's attention g wens provided concerning Urban Renewal to inf°rma- in the com- Dick Plastino hearing for the ' Director of p tation of ,theStormWater ublic Works, opened the be Management Ordinance with public solved with phasizing Ralston Powe he the adoption Creek problems a presen- Sons and Associates, this ordinance, which might . were available and Bill Ed Brinton in attendance t° answer Lindley, from from Roxanne were pat 4uestions. Interested citizens & Haldeman. Moore, Bruce Glasgow, citizens . Keith Klinger, and A public hear' ing the Zoning hearing concerning the amend- ments for two- Y revising proposed ordinance for discussionf�ily dwellin g °ff-street amend- gs was held. Parking require - No one was present Mayor Neuha ordinance user opened the scale of ending the subdivision hearing on dressed preliminary and final °rdinance b the proposed the Council subdivision Y revising the concerning this mat ter, Plats. No one ad - Public hearing was held rezone to C2 zone. Francis Hammit appeared givin land from C1 zoning request, a tract of q reasons for the re - Council then obligation bonds, held a Public hearing Highway 6-218- Several matters °n the issuance of and 1 intersection were discussed general the rebuilding vs, Overlaying including 320 E. Jefferson Street erlaying of streets. Road Foster withdrew was Use Tax money, amend the bond previous oTethat wasreiteraDeualas Leese motion could be obt issue b seconded Prior quest. could ained fromYD�ckePing $50,000 until by Selzer to was made b lastino as to more information and file Mr, Lee'y deProsse and seconded b street repairs, A hearing was declared statement, Motion Y Perrot closed, Passed to receive ' 7�0• The public Page 7 Official Actions of Council June 8, 1976 Moved by Foster and seconded by Balmer tion #76-170, recorded in Resolution Book 35 ting public Hearin to adopt Resolu- SelzerJune 0� 1976• Rollon AmendAng theFosterPy 76 Budget Ending et- Vevera call: yes: adopted, 7 0 ' Balmer, deProsse.euhauser, Perret, deferred / A resolution NaNaYs: none. Resolution to a later concerning unpaid water bills Selzer to ado date. Moved by deProsse and Book 35 pt Resolution seconded yas Page 212 #76-171, recorded in Resolution Functional ClassifiConcu ring with and as Delivered b (FAUS) Ma Accepting the National . Y the State °f p for the City of Iowa Cit Roll call: Ayes: Of Iowa, Department of Transporta- tion Y, Balmer, deProsse, Foster. , Selzer Perret Nays: none. Resolution adopted, Moved by Foster, seconded b 7/0. Amending Ordinance No. 73_2687 by Perret Ordinance time Parkin that the Over - vote s (from $1 to $2) be Y Increasing the Fine for Balmeror, passage. Roll call: given first consideration and , deProsse, Foster Ayes: Perret, Selzer, and sideration passed, 7 0. Neuhauser. Vevera, / Nays: none. First con - Moved by deprosse and seconded b tion #76-172, as recorded in Resolution AuthorizingY Foster to adopt Resolu- Contract Execution of Master Bo 35, pages 2 and Fifth Section 8 Annual g 13'214, for Section 23 Amendatory to Annual Contributiontributions Ayes: Selzer Leasing of Private Accommodations. Contract Perret. • Vevera, Balmer, deProsse Roll call: Nays: none. Resolution • Foster concerning the installation °f passed Neuhauser, at the Hi . unanimously. Item 18 deferred. ay 6 Bypass and Industroialles parknb transmission Y Iowa/Illinoislnes was Moved by deProsse and seconded b tion No. 76-173, as recorded in Resolution SettingY Balmer to adopt Resolu- tion Public Hearing on Proposed Plans Book 35 tract and Estimated Cost page 215 Project for June 29, ost for the FY 77 AsphaecIfilt ResurfacingCon- Vevera, Balmer, deprosse at 7.30 p'M• Roll Nays: , Foster, Neuhauser, call: Ayes: Y none. Resolution carried, 7/0. Perret , Selzer. Vevera made a motion which was seconded b Resolution No. 76-174, as recorded in Resolution Book 35 216, Setting public Hearin Y Selzer to adopt Contract and Estimated g on Proposed p Page Excavation Cost laps, Specifications, Project for June 29r the FY '77 30p Ayes: Balmer, deProsse 1976 30 P. Sanitary Landfill Vevera.oster us 7. M. Roll call: NaNays: none. Neuhauser, Perret Resolution adopted, 7/0 ' Selzer, Moved by Balmer and seconded by Foster to adopt Resolu- tion No. 76-175, as recorded in Resolution Book 35 • Page 217, Page 8 Official Actions of Council June 8, 1976 Setting Public Hearing on Proposed Hearing on Proposed Plans, Specifications, Contract and Estimated Cost for the FY 177 Mudjacking Program for June 22, 1976, at 7:30 P.M. Roll call: Ayes: deProsse, Foster, Neuhauser, Perret, Selzer, Vevera, Balmer. Nays: none. Resolution adopted, 7/0. Moved by deProsse and seconded by Selzer to adopt Resolu- tion No. 76-176, as recorded in Resolution Book 35, page 218, Authorizing the Mayor to Execute an Agreement Wherein the City of Iowa City, Iowa, shall lease seven marked cars from Wine- brenner-Dreusicke for use by the Police Department. Roll call: Ayes: Foster, Neuahser, Perret, Selzer, Vevera, Balmer, de- Prosse. Nays: None. Resolution adopted, 7/0. Moved by Foster and seconded by Perret to adopt Resolu- tion No. 76-177, as recorded in Resolution Book 35, page 219, Authorizing the Mayor to Execute an Agreement Wherein the City of Iowa City, Iowa, shall lease seven unmarked cars from Hartwig Motors for use by the Police Department. Roll call: Ayes: Neuhauser, Perret, Selzer, Vevera, Balmer, deProsse, Foster. Nays: none. Resolution adopted, 7/0. Moved by Balmer and seconded by Perret to adjourn the meet- ing at 11:10 P.M. Motion adopted, unanimously. A more complete description of Council Activities is on file in the office of the City Clerk. I wA4 l _AA ojat 1AA D 4 mayor 0 City Clerk. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 18, 1976 7:30 P.M. The Iowa City City Council met in Regular Session on the 18th day of May, 1976, at 7:30 P.M. in the Council Chambers at the Civic Center. Present: Balmer, deProsse, Foster, Neuhauser, Perret, Vevera. Absent: presiding. Selzer. Mayor Neuhauser Harold Wessling, 1822 California Avenue, appeared con- cerning problems and defects he has encountered since buying his home. The Mayor commented that this shows a need for a housing inspection program. City Manager Berlin responded that City intervention when there is litigation is not appropriate. It was moved by Balmer and seconded by Vevera that the following agenda items and recommendations in the Consent Calendar be approved and/or adopted: Reading of minutes of official actions of Council meet- ings of May 4 and May 7, 1976, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Iowa City Planning and Zoning Commission meeting Of May 6, 1976. Committee on Community Needs meeting of May 5, 1976. Resolutions: Resolution No. 76-137, recorded in Book 35, page 167, apEroving Class C Beer Permit application for Walgreen Co., 1646 Sycamore, as recommended by the City Clerk. Resolution No. 76-138, recorded in Book 35, page 168, approving Class C Liquor License application Spayer & Co. Ltd., dba/the Airliner, 22 So. Clinton, for as recommended by the City Clerk. Resolution No. 76-139, recorded in Book 35, page 169, refunding Beer Permit for Inn Ho Shinn and Kang Ho Shinn dba/East-West Oriental Mart, as recommended by the City Clerk. According to the Iowa Beer & Liquor Control Laws, a permit cannot be issued to this partnership since Inn Ho Shinn is only a perma- nent resident and not a naturalized citizen. Page 2 Council Activities May 18, 1976 Motion $846,991.1approving disbursements in the amount of 5 for the period April 1 - 30, 1976, subject to audit, and as recommended by the Director Of Finance. Correspondence: Petition from residents from the vicinity of May- field Road witty requests and objections concern- ing the development of the area. This petition has been referred to the Department of Public Works for reply. Jim Stier, 2401 Mayfield Road and Keith Klinger, 101 Mt. Vernon, appeared regarding the petition, Item 3-d-1. The motion was approved by the following roll call vote: Balmer, deProsse, Foster, Neuhauser, Perret, Vevera. Absent: Selzer. It was moved by Foster and seconded by Balmer to set a Public Hearing to Rezone a Tract of Land for Whitehouse Enter - Prises from C1 Zone to C2 Zone for June 8, 1976, at 7:30 P.M. in the Council Chambers at the Civic Center. Motion adopted, Selzer absent. It was moved by Vevera and seconded by Foster to adopt Resolution No. 76-140, recorded in Book 35, page 170, A the Preliminary Plat of Village Green Addition, Part 7. Roll call: Ayes: Approving Balmer. y deProsse, Foster, Neuhauser, Perret, Vevera, 6/0. Nays: none. Absent: Selzer. Resolution adopted, it was moved by Foster and seconded by Perret to set a Public Hearing on June 8, 1976, on a Proposed Ordinance Amend- ing the Subdivision Ordinance by Revising the Scale of Prelimi- nary and Final Subdivisions. Motion adopted, Selzer absent. After discussion of the wording priate changes, it w"front yard" and appro_ as moved by Foster and seconded by Perret to set a Public Hearing on the Proposed Ordinance Amending the Zoning Ordinance Dwellings naance ing Off -Street Parking Require- ments for TWO -family for June 8, 1976, at 7:30 P.M. in the Council Chambers, Motion adopted, Selzer absent. It was moved by deProsse and seconded by Vevera to ap- prove Court,the to fillMayor's theappointment termDonothe Boards Of6Adjustment, term to expire January 1, 1980. Motion adopted, Selzer absent. Mayor Neuhauser announced one vacancy for an indefinite term on the Mayor's youth Employment Board. Appointment will be made at the regular meeting of June 29, 1976, 0 Page 3 L] Council Activities May 18, 1976 BoardsandNeuhauser informed Council of the Highlander. She °n Thursday eveningmeeting with the to be held also announced the at 9'00 P. . in the Board of eat t Will be conducted Supervisors Budget Appeal meeting at 3:00 p,M by State Auditor Lloyd room last The Mayor noted Yd Smith ' which week, changes should be as a result of on May 20th Bard Ordinance and a meeting made to the the public dard O g should be Minimum thohearing held with those Housing Stan- d. dard on the con - Review Perret reported was productive, meeting regarding TreeCOrdinance, n Plan Design . noting it last CityManagerBerlin week s agenda called attention to Reso bicycle path which,rasaaresult ding the University constructingnaon cuasion, was deferred . Richard of Communication Mather and Presented Gibson was from the Uni- 606 Holt a new description or trail. £l. dis- Project GREEN, thanking re the trail. and Coralville for g the on the bikewa George trib their helpeOple °f Iowa Cit Ys C°mmittee of uting $10,000 to this p� Ae noted Y, the University seconded by Balmer to Project, Pro ect Book 35 adopt Resolution Nos moved by FO is con- struct a page lel' 'Authoriz' Y Foster and inkbine Commuter gig the Universit6-191' recorded in and Project G funds Trail Y Of Iowa to that purpose, EN alloocatede with available F°n- Vevera, Balmer Roll call: to the City of Iowa CityFunds lution ado deProsse. Yes: Foster, Neuhauser for pted, 6/0. Nays= none. Absent: Selzerrret, It was - Reso- a Public Hear' by deProsse and 1976 g for Storm seconded by Vevera to Selzer 30 P•M• in Water Management reset a 7; absent, the Council Ch Ordinance for Chambers. Motion adopted" 8, Mayr Neuhauser noted , Discontinuance of Service, Paid Water the Ordinance Providing for the would be Bills and Repealing Establishment of deferred until s section VI Liens for un- would requested info °f Ordinance #75-2773 It was moved b rmation is presented. ' Ordinance to Y Foster and seconded Nonconforming Revise the Amortization Schedule Vevera that the vote for pasa Signs.be considered at Removal of thePassage. M Mayor this this time and third a Councilman vote no,, Balmer and Councilman given Y would withdrew Selzer indicated he would Perret noted their motion absent. Councilmen abstain and by deProsse It was moved b Poster a and Vevera adopted, Neuto defer the Ordinance Y Foster and seconded voting "no", Selzer next week. Motion absent, 5/1, 0 Page 4 Council Activities May 18, 1976 It was moved by deProsse and seconded by Vevera that the Ordinance for the Planned Area Development Plan of Part of Lot 23, of MacBride Addition, Part 1, be given final vote for passage and adopted. Roll call: Ayes: Neuhauser, Perret, Vevera, Balmer, deProsse, Foster. Nays: none. Absent: Selzer. Ordinance No. 76-2796 recorded in Book 10, pages 9-10, adopted, 6/0. It was moved by deProsse and seconded by Vevera to adopt Resolution No. 76-142, recorded in Book 35, pages 172-174, Approving a Preliminary and Final Large Scale Residential Development Plan for a Replat of a Portion of Lot 23, of Mac- Bride Addition, Part 1. Roll call: Ayes: Perret, Vevera, Balmer, deProsse, Foster, Neuhauser. Nays: none. Absent: Selzer. Resolution adopted, 6/0. It was moved by deProsse and seconded by Perret to adopt Resolution No. 76-143, recorded in Book 35, pages 175-177, Approving a Preliminary and Final Plat and Subdivision of Re - plat One of a Part of Lot 23, MacBride Addition. Roll call: Ayes: Vevera, Balmer, deProsse, Foster, Neuhauser, Perret. Nays: none. Absent: Selzer. Resolution adopted, 6/0. It was moved by Balmer and seconded by deProsse to adopt Resolution No. 76-144, recorded in Book 35, page 178, Establish- ing a Fee for Certain Services Performed by the Police Depart- ment. Roll call: Ayes: Vevera, Balmer, deProsse, Foster, Neuhauser, Perret. Nays: none. Absent: Selzer. Resolution adopted, 6/0. Assistant City Attorney Bob Howlin was present for explana- tion on the Resolution Authorizing Sale of Public Property in the Fairmeadows Addition, First Unit to Whitehouse Enterprises. He noted no deed would be issued to them until appropriate documents are recorded. It was moved by deProsse and seconded by Vevera to adopt Resolution No. 76-145, recorded in Book 35, pages 179-180, Authorizing the Sale. Roll call: Ayes: Balmer, deProsse, Foster, Neuhauser, Perret, Vevera. Nays: none. Absent: Selzer. Resolution adopted, 6/0. Mayor Neuhauser noted the Motion Regarding FY '76 Unex- pended Funds in the Amount of $2,000 to the Johnson County Council on Aging, would be deferred so the Heritage organiza- tion and Johnson County Council on Aging can get together for discussion. It was moved by deProsse and seconded by Balmer to adopt the Motion Regarding FY 176 Unexpended Funds in the amount of $500.00 to the Police Explorer Scout Group. Motion adopted, Selzer absent, 6/0. 0 ! Page 5 Council Activities May 18, 1976 It was moved by Balmer and seconded by Perret to adjourn the meeting at 8:45 P.M. Motion adopted, Selzer absent. Mayor City Clerk 0 0 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 25, 1976 7:30 P.M. The Iowa City City Council met in Regular Session on the 25th day of May, 1976, at 7:30 P.M. in the Council Chambers at the Civic Center. Present: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Absent: none. Mayor Neuhauser presiding. Brad Meyers, Chairperson of the University of Iowa Veterans Association, appeared regarding the accessibility of handicapped people at the apartment complex on the corner of Market and Dodge. Mr. Berlin responded the Director of Public Works has been instructed that they comply. Bill Terry, representing Hawkeye Management Association, appeared for discussion. Mr. Meyers requested that Item No. 10, Resolution Setting a Public Hearing on the Revocation of a Retail Beer Permit issued to Quik Trip on the basis of noncompliance with the provisions of Chapter 104A of the Code of Iowa (1975), be brought up at this time. Mr. Berlin indicated the access ramp has been provided and this item no longer needs Council's attention. Mayor Neuhauser proclaimed the week of May 23-30, 1976, as Soil Stewardship Week. She also wished Councilman Vevera's son a speedy recovery from his accident today. It was moved by Balmer and seconded by Perret that the following agenda items and recommendations in the Consent Calendar be approved and/or adopted: Reading of minutes of official actions of Council meeting of May 11, 1976, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Design Review Committee meeting of May 12, 1976. Housing Rehabilitation Program meeting of May 12, 1976. Iowa City Airport Commisssion meeting of April 15, 1976. Resolutions: Consider Resolution No. 76-146, recorded in Book 35, Page 2 Council Activities May 25, 1976 page 181, approving Class C Liquor License application for David Alberhasky dba/the Foxhead Tavern, 402 East Market, as recommended by the City Clerk. Consider Resolution No. 76-147, recorded in Book 35, page 182, approving Class C Liquor License appli- cation for George Dane dba/the Nickelodeon, 208 North Linn, as recommended by the City Clerk. Consider Resolution No. 7.6-148, recorded in Book 35, page 183, refunding Beer Permit for the C.O.D. Steam Laundry, 211 Iowa Avenue, as recommended by the City Clerk. Correspondence: Letter from the W. Richard Summerwill family regard- ing the Iowa City Animal Shelter. This letter has been referred to the City Manager's office for reply. Letter from Deborah L. Woodside regarding Traffic Law 6.16.9. This letter has been referred to the Public Works Department and Traffic Engineering Department for reply. Letter from Agnes R. Kuhn regarding parking on East Jefferson Street. This letter has been referred to the Department of Public Works for reply. Letter from Jolene Dodds regarding blocked vision at intersection of Melrose Avenue and Grand Avenue Court. This letter was referred to the Department of Parks and Recreation for reply. The motion was approved by the following roll call vote: Ayes: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. I Robert Welsh, 2526 Mayfield Road appeared regarding Item 4-c-3, Resolution Refunding Liquor Permit for C.O.D. Steam Laundry, noting problems have been created in the past by this establishment, suggesting solutions. Mayor Neuhauser announced two vacancies on the Committee for Community Needs, for two-year terms, appointments to be made June 29th. Page 3 0 • Council Activities May 25, 1976 It was moved by Selzer and seconded by Balmer to approve the Mayor's appointment of Warren Burger, 1804 Ridgeway Drive to fill the unexpired term on the Board of Appeals, term expiring December 31, 1976. Motion adopted, unanimously. Mayor Neuhauser noted as per discussion at the Informal Session on Monday, the Housing Code is being referred to the Housing Commission for changes. She also indicated a letter had been received from Robert L. Humphrey, Iowa Department of Transportation, which was referred to the Regional Planning Commission. It was moved by deProsse and seconded by Perret to receive and file the letter and refer it to the Area Transportation Study Committee for a report. Motion adopted, unanimously. Councilman Balmer recognized Deputy City Clerk, Barbara Taylor, noting that she will be leaving in June, and compli- menting her for her work. Councilman Foster commended Director of Public Works, Dick Plastino, for his involvement in the Ralston Creek Neighborhood meetings. Councilman Perret inquired if Council should take formal action at this time on whether or not to appeal the court decision handed down by Judge Carter, regarding the Urban Renewal Contract with Old Capitol Associates. It was moved by Perret and seconded by deProsse that Council state formally their desire not to appeal Judge Carter's decree on the Urban Renewal Lawsuit. After discussion, Councilman calledFoster es: deProsse, Foster, Neuhauser, gperret,1 Selzer, . Roll cVevera,�yBalmer. Roll call on the motion not to appeal: deProsse, Foster, Neuhauser, Perret, Vevera. Nays: Balmer and Selzer. Motion adopted, 5/2. Councilman Perret requested Council to pursue the Resource Recovery program. City Manager Berlin indicated he would schedule a meeting with the people in Ames later this summer. Discussion was held on the disposition of portions of Block 101 after the deeds are reconveyed to the City from Old Capitol Associates. City Attorney Hayek indicated this property is not subject to the requirements of 'competitive bidding. He noted Council could direct the City Manager to employ an appraiser or appraisers to determine Fair Market Value of the land, subject to the zoning. A1so,Council could Page 4 Council Activities May 25, 1976 direct the City Manager, during the time the land is being appraised, to enter into a tentative negotiation with the Iowa State Bank and Perpetual Saving & Loan, or wait until the property is appraised and set a value Council is willing to dispose of the land at, and enter into negotiations with the banks. He indicated there are several things that can be done. City Manager Berlin expressed his concerns if specific parcels are dealt with independently. Councilwoman deProsse gave several suggestions. City Manager Berlin indicated it would take approximately 30-60 days to get an appraisal on the property and some preliminary work has al- ready been done. Councilman Vevera made tribute to the Johnson County Ambulance Service and the law enforcement people, expressing his gratitude for their fast response and stated his family is proud to live in Iowa City. Mayor Neuhauser called attention to three permit resolutions that were in addition to those in the Consent Calendar: Resolution No. 76-149, recorded in Book 35, page 184, approving Class B Beer Permit application for Long John Silvers, Muscatine Avenue, as recommended by the City Clerk. Resolution No. 76-150, recorded in Book 35, page 185, approving Class B Beer Permit- application, Sunday sales for Long John Silvers, Muscatine Avenue, as recommended by the City Clerk. Resolution No. 76-15.x, recorded in Book 35, page 186, approving Cigarette Permit application for the Goody Shop, Clinton Street Mall, as recommended by City Clerk. It was moved by deProsse and seconded by Vevera to adopt the three resolutions. Roll call: Ayes: Foster, Neuhauer, Perret, Selzer, Vevera, Balmer, deProsse. Resolution adopted, 7/0. It was moved by Balmer and seconded by deProsse to adopt Resolution No. 76-152, recorded in Book 35, page 187, supporting the Johnson County Bond Issue for Joint Law Facility. Roll call: Ayes: Neuhauser, Perret, Selzer, Vevera, Balmer, deProsse, Foster. Resolution adopted, 7/0. Robert Welsh, 2526 Mayfield Road appeared. City Manager Berlin noted the Police Department has • Page 5 investigated the lease have been notified that June 8th meeting. 0 Council Activities May 25, 1976 of police vehicles and the suppliers a lease will be presented at the Discussion was held on the motion to evict Epstein's Book Store from Clinton Street Mall because of nonpayment of rent. City Attorney Hayek explained steps were taken in July of 1975 regarding this same problem. At the present time, they are in arrears $6,665.00. He read sections of the lease in answer to several questions asked by council - members. After further discussion, it was moved by Selzer and seconded by Vevera to begin eviction proceedings against Epstein's Book Store. Roll call: Ayes: Perret, Selzer, Vevera, Balmer, deProsse, Foster, Neuhauser. Motion adopted, 7/0. The Mayor declared a five-minute recess. It was moved by deProsse and seconded by Vevera to give the Ordinance No. 76-2797, recorded in Book 10, pages 11-12, to Revise the Amortization Schedule for Removal of Nonconforming Signs third consideration and final vote for passage. Roll call: Ayes: Selzer, Vevera, deProsse, Foster. Nays: Neuhauser, Perret. Abstain: Balmer. Ordinance adopted, 4/2/1. Item 10 was taken care of earlier. It was moved by deProsse and seconded by Perret to adopt Resolution No. 76-153, recorded in Book 35, pages 188-191, Setting a Public Hearing on June 8th at 7:30 P.M. in the Council Chambers, on Issuance of General Obligation Bonds in the amount of $385,000. Roll call: Ayes: Vevera, Balmer, deProsse, Foster, Neuhauser, Perret, Selzer. Nays: none. Resolution adopted, 7/0. It was moved by Foster and seconded by Balmer to adopt Resolution No. 76-154, recorded in Book 35, pages 192-193, Approving the Final Plat of Dean Oakes First Addition. Roll call: Ayes: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Nays: none. Resolution adopted, 7/0. City Manager Berlin called attention to the memo from City Engineer, Gene Dietz, regarding the preliminary plat for Mount Prospect Addition, part 3. Dietz recommends approval of the preliminary plat with the stipulation that the sanitary sewers for the area be relocated into City right-of-way, rather Page 6 0 • Council Activities May 25, 1976 than backyard easements, as shown. After discussion, it and was moved by Ferret seconded by deProsse to adopt Resolution No. 76-155, recorded in Book 35, page 194, Approving the Preliminary Plat of Mount Prospect Addition, Part 3, sub- ject to the contingency on easements. Roll call: Ayes: deProsse, Foster, Neuhauser, Perret. Nays: Balmer, Selzer, Vevera. Resolution adopted, 4/3. Mayor Neuhauser requested that the Resolution Concurring with and Accepting the National Functional Classification Map (FADS) for the City of Iowa City as Delivered by the State of Iowa, Department of Transportation, be deferred. It was moved by Perret and seconded by Foster to adopt Resolution No. 76-156, recorded in Book 35, page 195, Approving the Submission of a Proposal to the Department of Housing and Urban Development for Funds Under the FY 176 Innovative Projects Program in the Area of Housing and Neighborhood Preservation. Dennis Kraft, Director of Community Development, and Professor Lee, 320 E. Jefferson, were present for discus- sion. Mr. Kraft indicated this project is 1008 Federal Funded and that $12,000 has been set aside for additional part-time City Staff. Roll call: Ayes: Foster, Neuhauser, Selzer, Balmer, Ferret, , deProsse. Nays: Vevera. Resolution adopted, 6/1. It was moved by Balmer and seconded by deProsse to adopt Resolution Prohibiting Parking on the East Side of Wylde Green Road from 100 feet South of Benton Street to the inter- section with Ashley Drive and Prohibit Parking on Both Sides Of Wylde Green Road from the Intersection with Benton Street to a point 100 feet South of the Intersection with Benton Street. Charles Barfnecker, 1013 Wylde Green Road, Joan Cartwright, 4 Bancroft Circle and William Bonney, 1021 Wylde Green Road were present for discussion. After discussion, roll call on adoption of the Resolution, Ayes: Neuhauser, Balmer, deProsse. Nays: Foster, Perret, Selzer, Vevera. Resolution failed, 3/4. It s Resolution No. 76-157, recorded inc cBookdby Foster to adopt 35, Contract for the FY '77 Slurry Seal Project tog Missouriwarding Petroleum Products in the amount of $47,596.00. Roll call: Ayes: Perret, Selzer, Vevera, Balmer, deProsse, Foster, Neuhauser. Nays: none. Resolution adopted, 7/0. It was moved by Foster and seconded by Vevera to adopt Page 7 0 0 Council Activities May 25, 1976 Resolution No. 76-158, recorded in Book 35, page 197, Accepting Sanitary Sewer Improvements in a Subdivision of Towncrest Addition, Part IV, Tract B. Roll call: Ayes: Selzer, Vevera, Balmer, deProsse, Foster, Neuhauser, Perret. Resolution adopted, 7/0. It was moved by deProsse and seconded by Perret to adjourn the meeting at 10:45 P.M. Motion adopted, unanimously. Mayor Deputy Cit` • INFORMAL COUNCIL DISCUSSION JUNE 7, 1976 1:30 P.M. � X31 The Iowa City City Council ` 7th day of June, y Ci at 1;30 Pmet in info the Civic M. - anal session on the dePrCivi Center. Councilmembers the Conference Selzer, Balmer Present were; Room at Present: Berlin Foster, Vevera Neuhauser, Hayek, Stolfus, Schreibererret. Staffinembers COUNCIL TIME Concerning the memo from Director Plastino on Riverside Drive, Councilman ck the Council °f Public Works give some direction to the Balmer suggestedlthat Manager Berlin noted t�hnentthis would comettoMCouncr. form of a budget amen City and work would begin before nJule stall Councilman Selzer requested that y l� ation Of the tornad the staff in advised that the o warning_deyices. The move on next week, specifications for City Manager is looking He also reported the Poles would be ready 4 to.see how that the Public Works_ justed and will the traffic De ar soon_ report on t S13nals on_Burlin--�-��-went he status of their investigatcan ion be ad - Councilman Balmer commented Robert Tyson of the Office that Plastino's in the of Chapter Planning and Progr letter to Chapter 5 of the pter 104 a_ n concern_ S_t_te A of the Iowa State Code and was an excellent B°y- laing Code with re some concrete letter, and he—was-looking ford to han=icapped, answers from Opp forward to AGENDA getting Item Autumn 5-c.3. Arae Scale — s 'ark Apartments Res i_dential_D__evelo _,_Midstates,Develo- -- questioned provision Pment Plan for commented that for storm water Pment. Councilman Foster - been no increased costs for runoff. The Cit taken into account storm water �' Manager HUD, and advise3 • and this proposal has beep have cern to the that the Staff would communicate p through developer. Councils con - Item 10. Ordinance amending man It" 10- g subdivision ordinance Selzer discussed co anti final subdivision_ by r� Development Ordinance. mbining of all requirements Plats. Council - on the work list The City Manager into one commented that but not a hipriority advised that this was this Ordinancehchangeo for Staff. Also he oilers, change does accommodate the devel_ Council Discussion Page 2 June 7, 1976 Item IS. Application from _Iowa/Illinois_Gas & Electric Co. for installation of overhead transmission lines at Highway 6 sked for bypass and Industrial Park Roadepartmentnandmquestionedan Selzer apossibility a recommendation from the department of requiring underground lines. n recommendation will be forth- coming. Items 22 and 23. Leasin of automobiles for, Police _Depart- ment use. Councilman Selzer asked if the leases Managerhad not dethatcom the mended by the Legal Department. The City 9 legal department has been working on them. Item 9. Ordinance amending zoning ordinance by revising_ off-street parkinq_reguirements.for two-family.dwellings- Cdi oun- cilman Perret noted serious reservations concerning this Oof nance. There was further discussion of the ramifications of several suggestions. Councilman Vevera suggested that in the future concerning nt issues in Iowa City, if outvoted, Council votes on importa he would change his vote to back the majority and wmahod Neuhauser the other Councilmembers woud do the douncilmansamePerret commented that and Councilman Balmer agreed. united voice, and noted that eachperson Council should present a does represent various continggencies, but that once a decision is made, all Council should support DISCUSSION OF URBAN RENEWAL FpgggI_NG _PLAN Mayor Neuhauser stated that the Council should make City Managerdecision ans. concerning the urban renewal financing p tion 1 Berlin presented eleven enclosures, then explained Opti in En - which represented the Staff recommendation, as tion n2, closure n4. Finance Director Pat Strabala explained Capital_�_r�T3 Progress Payments_ The City Manager by HUD, whichdiscussed closesOout the pro - Enclosure the recommendation by ed. In answer ject one year earlier, and intere that because oft costs are ano.appeal by Old to Councilman Perret s question, tion of Plaza Capitol, the City, or. the Plaintiffs, and the he Ci Manager Centre_One, would HUD change their decision, the Cityiears oflack replied that their decision was baon tandthenaid not think of direction and success of this project, e their attitude. that this one single incident would chang The City Manager commented that if th6, HUDd cwoulil es not not under - the tdecision to withhold $412,O000 inhEY '- take a retroactive withholding, but a�lfinancialhcloseout.amoptionenlurepresentsealbalanceoofxkindse 0 0 Page 3 Council Discussion June 7, 1976 of considerations to be taken into account. Also Council could move ahead with both Urban Renewal and H.C.D.A_._ procrrams._ Councilman Selzer stated that he did not see any advantage to pay off any sooner than the City had to, and the City Manager pointed out that it was a question of how quickly Council wanted to close out their obligation to HUD. The City Manager explained paragraph 2, page 2, of Enclo- sure 3, stating that Column #4 first subtracts the amount of $180,000, necessary for continuance of planning and program development from the total amount of $2,061,000 of HCDA funds available, then subtracts $560,000 allocated for urban renewal program needs, plus $215,500 for urban.renewal program admini- stration, etc., and subtracts $45,000 for code enforcement pro- gram, which leaves $1,060,500. Then after subtracting $412,200 debt application deduction, $648,300 is available for program implementation. After discussion of contingency and difference in interest rates with HUD or from private market, the Finance Director pointed out that as it is close to the end of the fiscal year for 176, Council could move the '76 funding over to the next year, and they would have more flexibility. Council;nan Vevera stated that he favored Option_ 2, as the City would be out from under HUD earlier; Neuhauser, Perret, deProsse and Balmer stated that they favored Option 1, so with 4 votes, Option 1 was chosen. REALLOCATION OF FUNDS FOR HCDA Mayor Neuhauser advised that if the '76 funding is added to '77 funding, the total amount for reallocation wouldibe $969,600. She asked that Council take into consideration the June 3rd memo from the Committee on Community Needs, which is Enclosure 9. Foqr Councilmembers agreed to cut the $198,000 the�Riverfront Acouisitipn Item ##10. Concerning Neighborhood Rehabilitation, Item #2, the City Manager explained that $325,OOO.had been allo- cated in FY '77, and out of it, $50,000 had been allocated for program development,iso $275,000 was left. Out of the '76 allo- cation of $200,000, $5,000 had been spent, leaving $195,000. The total for the two years would be $470,000. Council discussed taking out the $100,000 in purchase and rehab and adding it to the loan and grant program. It was decided that Architectural Barriers would be left in at the amounts on the chart, $115,000. Roxanne Haldeman was present' to explain the Ralston__Creek Committee recommendations. Page 4 Council Discussion June 7, 1976 Powers -Willis had advised that $125,000 was the amount that could be expended for projects to be done in the next fiscal year, the study costing an additional $80,000. She pointed out that every project would need an Environmental Assessment. To cut funds they postponed one of the two large retention areas north of the city, at a cost of $150,000, now putting two smaller ones out past Scott Boulevard and Court. A proposed pilot project on Rundell Street area was explained. Concerning the Neighborhood Center, the Mayor commented that the elderly citizens think that the Council has forgotten them. After discussion of whether or not the Comprehensive Plan would address the whole question of neighborhoods, four Councilmembers agreed to postpone the planning for the Neighbor- hood Center and also for Skills Unlimited. Mayor Neuhauser urged funding for the neighborhood park where the children have collected money for equipment (North Mar- ket Square Park). The City Manager advised that the Parks & Recreation Director had advised that it would be covered in re- allocations. Finance Director Strabala explained that $35,000 for acquisition of park land from Glasgow was committed in the Urban Renewal amount of $560,000 in FY 177. Councilwoman de- Prosse's list included $18,000 for Human Needs Planner, .$475,000 for Neighborhood Rehabilitation, $115,000 for Architectural Bar- riers, $125,000 for Ralston Creek, $100,000 for Park Improve- ments_, $47,500 for City Park, $5,000 for Committee on Community Needs and $84,100 for Contingency, which totaled the $969,600 available for reallocation. Flo Stockman asked that planning for the neig:-borhood center be included. After further discus- sion the Mayor noted that the public hearing on amending the allocations would be tomorrow at the regular meeting. Although there was not enough time remaining to finish the item of discussion concerning the Urban Renewal Plan, the Mayor announced that Council would start hearing the comments in general and on the closeout. Harold Bechtoldt appeared asking that the plan be updated, and advised that he favored the multiple devel- oper_t:pl_. William Dennis spoke in behalf of the Committee or. Cmuomnity Needs stating that there was not the association be- tween their committee and Old Capitol Associates as implied by Bechtoldt. Don Hebert, Vice President of the Chamber of Com- merce pointed out the Chamber's support of the October 1969 Plan, and asked Council to address themselves to the best implementation of this plan. Charles Eastham discussed revisions and suggested using outside arbitrators to settle the conflicts. Tom Summy appeared, representing We the People. This group believes in the sing -la -developer concept, the 1969 Plan, and ha_. -lade contributions to implement the Plan. He listed resource data used by them and outlined a chronology of events concerning Page 5 Council Discussion June 7, 1976 urban renewal and presented a written memo. He pointed out several questions that should be answered. One observation made was that public improvements in Sycamore Mall cost 2 1/2 million dollars (sewer, lift station, paving and traffic signali- zation). Jeanne Smithfield was present to discuss the disadvan- tages of the single developer concept in terms of political philosophy. She expressed concern over the Council turning over approximately 1/2 of the 11 1/2 acres of urban renewal area in the Central Business District over to one small group of people. Councilman Vevera stated that although he favored the multiple developer concept, he had not heard of anyone who is interested in getting property back on the tax base. Tom Wegman, owner of Things and Things stated that no matter what happens downtown, there will be no builders unless it is contemplated that the business will make a profit or will make a return on their in- vestment. He noted that the Iowa City prime area has not grown in the last 30 years, which to him means there is not the pur- chasing power downtown to rebuild. The Mayor noted that as it was time for the executive ses- sion, and announced that the public discussion would continue on Wednesday, June 16th, at 7:30 P.M. Councilman Selzer asked for information on how many property owners were relocated out of the urban renewal area. It was moved by Foster and seconded by Selzer to adjourn to executive session for discussion of litigation concerning the William White Boulevard Storm Sewer Assessments and concerning Simmons/CRI&P RR/City of Iowa City. Upon roll call Balmer, de- Prosse, Foster, Neuhauser, Perret, Selzer and Vevera voted "aye". Motion carried, 7/0. Meeting adjourned, 4:50 P.M. /