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HomeMy WebLinkAbout1976-11-16 Minutes numbered0 0 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES NOVEMBER 16, 1976 7:30 P.M. Iowa City City Council, regular session, 11/1.6/76, 7:30 P.M., at the Civic Center. Councilmembers present: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Mayor Neuhauser presiding. Mayor Neuhauser proclaimed the week of 11/15 - 20/7G as Teacher Appreciation Week. It was moved by Selzer, seconded by Balmer, that .the following agenda items and recommendations in the Consent Calendar be approved and/or adopted as amended: Approval of minutes of official actions, regular Coun- cil meeting, 11/2/76, subject to correction as recom� mended by City Clerk. Minutes of Boards and Commissions: Planning & 2onipq Commission - 11/4/76; Committee on Community Needs 11/3/76; Riverfront Commission - 11/4/76. Permit Resolutions as recorded in Res. Book 37, as recommended by City Clerk: Res. #76-402, page, 1577, approving Class C Beer Permit application for Jgeeds,. 18 S. Clinton St., Res. #76-403, page 578, approving; Cigarette Permits. Res. #76-404, page 579, to:refuiul Cigarette Permit to Goody Shop, Clinton St. Ma.ix. Correspondence: The Breese Co., Inc., re landfill use. charges, referred to Public Works Dept. _ f Affirmative roll call vote was unanimous, all CouncilmeziUi�rs present. Council noted the Riverfront Commission's. recol mendation for the City to cooperate with Project Green in the. implea en tation of the South River Corridor planting project:, Project Green will present a program concerning this matter in the future. Community Development Director Kraft appeared and ex -6 plained the stipulations the City could impose when it has. extraterritorial jurisdiction. He also indicated that the majority of Lime Kiln Farm was out of the flood plain and that only the northeast corner of Lot 6 might be affected by the 500 year flood. It was moved by Balmer, seconded by Foster, that, Res, #76-405, as recorded in Res. Book 37, page 580, APPROVING Page 2 Council,Activities November 16, i91,6 PRELIMINARY PLAT OF LIME KILN FARM ESTATES be adopted. Affirmative roll call vote was unanimous, all Councilmem- bers present. it was moved by Selzer, seconded by Foster., to adopt Res.,#76-406, as recorded in Res. Book 37, pages 581',582, APPROVING THE FINAL PLAT OF EASTDALE MALL ADDITION. 'Com- munity Development Director Kraft provided answers to "es" tions asked at yesterday's Informal Council Meeting. Af- firmative roll call vote was unanimous, all Councilmembers present. It was moved by deProsse, seconded by Foster, to adopt Res. #76-407, as recorded in Res. Book 37-, page's 583584, APPROVING THE PRELIMINARY & FINAL LARGE SCALE NQN-RE$IDEN= TIAL DEVELOPMENT PLAN OF LOT 11 OF EAST1)ALE MALL ADDTTION. Pat Harding appeared and stated this deVei'bpment wou]d cost: more to comply with the Storm Water. Management and Tkee Plaint ing Ordinances. Affirmative roll call vote was unanJ�mous, all Councilmembers present. Mayor Neuhauser called attention to the report given by the City Attorney yesterday concerning litigation and the II reduction of the backlog of cases. She commended Attorney Hayek and his staff for the job they, are doing.11 Councilman Foster reported on the Housing and Community Development Conference he had attended with Dennis Kraft and l Julie Vann in Council Bluffs. The indication is that HCD j:s looking toward 202 non-profit turnkey type, housing applicei-s tions for their funds. For elderly housing, preappr�val of sites if necessary before submission of application., The City Manager called attention to plans foi: the. City to spam.- I, sor a symposium on the whole question of housing. D rectOt Kraft answered several questions. Ilayor Neuhauser advised that several policy materials from the National League of Cities are in the Council reading file. She would ]Ake, to hear suggestions on the policy statement for Communi;ty'De''log, ment. Kraft stated that at this time the 312 kehabilitatiion Program has more money than HUD can get rid of. Counci.;lman Foster noted that the Cedar Rapids citizen Participation Proc- ess was explained at length at one of the sessions. City Manager Neal Berlin asked Council if the-aff II should proceed with drafting an amendment to the Buijld,ing_, P I Code to increase the number of units available to tn;e'handi.� II capped. Brad Meyer, representing the Johnson County Citizens, Committee,appeared. After discussion, there was no.consen sus that an amendment be drafted. The handicapped croup was advised to contact the landlords organization regarding • Page 3 advertising of accessible apartments. asked to provide Meyer with a list of acessi.ble units have been constructed, matter of the situation of row -housing Council, Activities November 16, 1976 The City Manager, was property owners where and to explore the and the firewall.. Larry Lynch, President of Linak, Ltd., Highway 1 West;, appeared concerning their request to connect to the City sanitary sewer. He advised that they do have a couai y build- ing permit. He questioned why the City would not provide sewer if it plans to annex them. City Attorney Hayek ex- plained the involuntary annexation procedure under Home Rp;le; he also commented on interpretation of Chapter 409 by the County officials. City Manager Berlin commented on the meet- ing held with Mr. Barker, after Council allowed the sewer hook-up there, concerning annexation. one abutting;prope'rity owner will not annex voluntarily, and, for no reasonthat, Mr. Barker was accountable for, was he able to accomplish;his obligation to the City to annex. Robert Welsh appedrea,for discussion of the previously allowed hook-ups. It Was, 'moved by deProsse and seconded by Perret that the City Manager and the City Attorney prepare proceedings to %nvoluntak ly annex this area and come back to Council with specific reoommenda tions and resolutions for implementation. Motion carried unanimously, all Councilmembers present. It was moved by Selzer and seconded by Balmer to allow the sewer hookup for the Lynch property. Attorney Hayek stated that it is clear in the amendment that Chapter 409 applies to residential and commercial, so there shou,`ld be, no problem in the future with the County. If there is,th,e'C;i.ty could file a lawsuit against the County Auditor andithe County Recorder to enjoin them from accepting any plats or-deedS of record. Robert Welsh asked that the motion be made,00nti,n;= gent upon the property owner waiving all rights and'voluntai: ily annexing their property. Councilmen Selzer andlBalmer agreed to add this contingency to their motion. Upon roll, call Perret and deProsse voted "no"; Balmer, Foster;; Neu- hauser, Selzer, and Vevera voted "Faye." 'Motion carried, a%2. The City Manager was asked to prepare a resolution concerti= ing Council's intention to (1) take a position that'if there was further subdivision of land in that area, contrary to the: law, the City would proceed to take all action necessary to rectify it, and (2) their policy will be that there will be no further sewer connections outside city limits until the land is annexed. City Attorney Hayek stated that as he had advised Council at the informal meeting yesterday, he met with the Human Re- lations Commission in regard to the court, decision On the Westinghouse case. The Commission recommends that the City appeal the decision of District Court. He asked for a mq-bion Page 4 Council Activities November 16', ,1976 authorizing the appeal or an executive session to discuss it. It was moved by deProsse and seconded by Poster:ihat the City Council appeal the decision with respect to .the Westinghouse case. Attorney Hayek pointed out that there, are two problems involved with the court's decision,(,]!- the. Court seems to be saying that the City's Human Relations ordinance has to track very exactly the State's il.:tights Law in Chapter 601A, and (2) the implication of the iCivdeGights as it pertains to Home Rule. The in of Hgme Rule waon s to give cities authority to act in all areas except where thatltheseltwolmited issuesooughtCtoluded be a3dressedLbw He stated' Court. if the Council wants to consider thesetlindsPiefine questions, the Court only answers questions in the context even specific cases. He thought that the appeal wd.s waxthwhilE even if the Supreme Court found that the City!s ordinance was invalid because it was inconsistent with State Law,. but in so finding said that the Di s taict Judge was wrong, about the issue of conferring jurisdiction on the court's by c>ties, and said that cities may confer, under appropriates circum stances, jurisdiction. la If we won on. that point, that wquld make this appeal a landmark decision so far as im�b]ementuld n Of Home Rule. Commissioner Sally Smith was present. The mo- tion to appeal was adopted unanimously, all COuncjlnnmTh present. It was moved by deProsse, seconded by Balmer S, to adopt RES. #76-408, as recorded in Res. Book 37, pages 5;8toad, AUTHORIZING CONTRACT FOR REUSE APPRAISAL REVIEW SEi5-C59�IBE,- TWEEN THE CITY OF IOWA Cwas ITY AND S. DEWAXNE GUERNSEY. AtEirma- BE,- This contract lwill eproviunanimous, reuseouncil em pP Present. renewal parcels. de a third City Manager Berlin requested the Council r the, e. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLA'.I to defer Og- CHARD COURT ADDITION. There were no Council objeci'ions., It was moved by deProsse, seconded by Perret, to adopt RES- #76-409, as recorded in Res. ;Book, pages 593- 9 TIORI2ING THE MAYOR TO SIGN A TRAFFIC SIGNAL AGREEMENT WJiTH S i AU" THE UNIVERSITY OF IOWA, signal to be installed at thNT 0ier- section of Melrose and Woolf Avenues. Affirmative 'roll tell vote was unanimous, all Councilmembers present. Council; man Balmer suggested that during the discussion between Mayo Neuhauser and University President Boyd, the Mayorconvey,Council's strong feelings concerning traffic proble-' and. the University expansion. Page 5 Council Activities November 16, 1976 It was moved by deProsse, seconded by Perret, to,adopt; RESOLUTION ESTABLISHING STOP SIGNS FOR EAST BOUND AND,WEST BOUND TRAFFIC AT COURT ST. AND CLARK.. Vevera moved, and Foster seconded, to defer the resolution until next week so Council could have an opportunity to review new information; given to them prior to the meeting. Motion to defer carried, 5/2, with deProsse and Neuhauser voting "no." Robert Welsh appeared for discussion. — It was moved by Foster, seconded by Balmer, to adopt RESOLUTION #76-410, as recorded in Res. Book. 37, page 5964, ACCEPTING PAVING AND STORM SEWER IMPROVEMENTS IN DEANIOAKES FIRST ADDITION as performed by Metro Pavers, Inc., of Iowa City. Affirmative roll call vote was unanimous, all_'Coundijt members present. It was moved by Selzer, seconded by Foster, to adopt A$S.. #76-411, as recorded in Res. Book 37, page. 597, ACCEPTINGi=RK ON FY 77 ASPHALT RESURFACING PROJECT as done by L. L;t Pellilpg Co. of Iowa City. Affirmative roll call vote was unanimous., all Councilmembers present. Councilman Perret indicated that the gas shutoffs are not level with new paving on Ki*kwood. Mr. Pelling has submitted a letter committing his company to making necessary repairs or replacement of a section on Belden, Ave. in the 1977 construction season. -- It was moved by Balmer, seconded by Foster, to adjourn the meeting. Motion carried, 7/0. (10:10 P.M.) .r MAYOR CITY CLERK Tape recorded on Reel #37 and #40 9 .0 amity ©t Iowa City MSM, GRANDUM DATE: November 12, 1976 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memoranda from the City Manager: a. Evaluations 2035 b. Cost of Scott Boulevard Development X2036 Memoranda from the Director of Public Works - a. Speed limit on Rochester Avenue ;.03'7 b. Other alternatives for correction of the airy contamination problem, at the Transit Garage Memoranda from the Legal Staff: a. Parking Tickets 7;0 31 b. Reduced solid waste removal rates for elldoerily citizens Memorandum from Finance Department regarding urban renewal project note201 stale, Letter to Ms. Dorothy Douglass regarding recommendations from Transit Advisory Committee of Johnson County Regional Planning Commission. This is in reply to a letter on a recent Consent Calendar. 2042. Letter to Mr. Daniel Boyle, Attorney, regarding subdivision of Mlies Development Corporation land at Riverside Drive and Highway 6 Bypass, and Mr. Boyle's reply to the City Attorney. 2043 Copy of letter written by Director of Public Works regarding stormwatet; management and backyard sewers. :044 Letter from Johnson County Regional Planning Commission regarding; proposed Freeway 518. Minutes of Staff Meeting, October 27, 1976. e 0 yr' Minutes of City/University Meeting, October la, 1976. 2x'17 Updated membership list for Committee on Comuunity Needs. 2014 October monthly reports for the departments of Police, Fire., finance and Parks and Recreation. WAM +0 'Phnl W4 -PM1owt City PA-ki:S• stat FK*mj caka#n. hi Nn}- hp,P�.ouad >y�ceww'�4 ;�GLia; Lt�irta �rtorn �vnt1 ' "Mk'c 3QRPC� aa: wpp+�.�, o� RcPos:,io N,o ta�r�t VAV . pJ1Jd1NCS I-14. I • bIBIO FROM COMPREHENSIVE PLAN COORDINATING COMA. RE: CITIZEN PARTICIPATION IN THE COMPREHENSIVE PLAN3Z City of low C6* DATE: November 12, 1976 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memoranda from the City Manager: a. Evaluations 2035 b. Cost of Scott Boulevard Development .2034 Memoranda from the Director of Public Iforks: a. Speed limit on Rochester Avenue A031 b. Other alternatives for correction of the air contamination problem at the Transit Garage 2031 Memoranda from the Legal Staff: a. Parking Tickets X039 b. Reduced solid waste removal rates for elderly citizens 2040 Memorandum from Finance Department regarding urban renewal project note. sale. 3041 Letter to Ms. Dorothy Douglass regarding recommendations from Transit Advisory Committee of Johnson County Regional Planning Commission. This is in reply to a letter on a recent Consent Calendar. 2042 Letter to Mr. Daniel Boyle, Attorney, -regarding subdivision of bj.des Developmen'f Corporation land at Riverside Drive and Highway 6ass, and Mx-. Boylels reply' to the City Attorney. 2043 Copy of letter written by Director of Public 'Works regarding stormwater management and baclyaxd sewers. 2py►{ Letter from Johnson County Regional Planning Comimission � regarding prooFreeway 518. sed 5 Minutes of Staff Meeting, October 27, 1976. SZO'4 V Minutes of City/University Meeting, October 13, 1,976,. ZZ04 7 Updated membership list for Committee on Corm mity Needs. Q041a October monthly reports for the departments of Police, Fire, Fin�ince and Parks and Recreation. 2o�"q Ls-Wm-io Ls4 41naw4 C;}y mA.'A RE: Fa+,Ia'hz Cowa4a, rtc40nu9 met. NepP4ved b!,A Coc weu� a �SC� Le#ert f OVA Emit 'BRRNOt SCR`RC.�RLQ t.+. OP uptcte. toy 1�4M!Wj0*I'u n Cow�vn ZOSl, 9' I'f.Nd�Ng �•�'i�ia�l4�i d+ti Li g} � t MEMO PRObI CODIPREIIEATSIVE PLAN COQRD. C0HvI. RE;: CITIZEN PARTIC$PATION IN THE CM'PREIIENME PLAN 2ds2q