HomeMy WebLinkAbout1976-11-23 Minutes numberedCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
NOVEMBER 23, 1976
7:30 P.M.
Iowa City City Council, regular session, 11/23/76,
7:30 P.M., at the Civic Center. Councilmembers present:
Balmer, deProsse, Foster, Neuhausqr, Perret, Selzer, Vevera. '
Mayor Neuhauser presiding.
PAtx;q;a Passmore, President of Help for owners of Mobile
Homes, appeared and presented the legislative draft which had
been given to the Assistant City Attorney's office concerning
mobile home courts. Council decided to schedule a joint meet-
ing with Johnson County the evening of December 7th. This will
allow Council to receive the Legal Department's comments and
give the registered court owners an opportunity to review the
ordinance to express their opinions so a synopsis of both sides
may be presented. When asked if the City could help with the
problem of retaliatory evictions, City Attorney Hayek stated
he would draft an ordinance for Council review. Mary Ann 2'o k,,
of Sunrise Village, appeared and stated copies of the legisla-
tive draft had been given to Assistant County Attorney Pat'IIWhiteP,
the Johnson County Supervisors, and Planning and Zoning Corilmis- �O
sion.
i
Jim Walters, 1303 Lukirk, appeared objecting to Council's
g _ He suggested
allowing of posting advertisements in Cit'.Y..hws.es:
ther public property. Mayor �euhauser ind.4-
placing ads on ocated Council was considering the bus advertisements to raise
revenue because of the tight budget resulting from State legis- O S,
lation.
Planning and Zoning Commissioner Richard Blum appeared and
expressed concern about the waiving of requirements for the; I
Auditor's Plat for Business Development, Inc. H,e felt this
action might set a precedent for future similar subdivisions.
Senior Planner Don Schmeiser appeared. After further discus-
sion, Council agreed to an agreement with BDI; that if there
were any future subdivisions of the undeveloped tract of land,
they would be required to meet the provisions of the subdivi-
sion code. City Attorney Hayek will try to resolve these con-
cerns.
As a private citizen,, Richard Blum asked for establishment
of City policy on issuing parking tickets on holidays. City
Manager Berlin stated he thought the Municipal Code defin4al
holidays on which dates tickets would not be issued/and said he
would check into the matter.
Amendments to the Consent Calendar presented were: change
of meeting date to Sept. 29, 1976, in Item 3b(5); deletion of
10
Page 2
Council Activities
November 23,E 1976
Item 3c(4); addition of words "subject to audit" at the end
of Item 3e(1); and the addition of Items 3f(3), letter from
Youth Homes, Inc., regarding financial assistance; And 3f(4),
letter from Ross Kerber re: traffic light at Kimball, Road.
It was moved by deProsse, seconded by Perret, that the
following agenda items and recommendations in the Consent
Calendar be approved and/or adopted as amended:
Approval of minutes of official actions of regular Coun-
cil meeting of November 9, 1976, subject to correction,
as recommended by the City Clerk.
Minutes of Hoards and Commissions:: IMayor's Youth Employ-
ment Board - 11/15/76;sUnited P,ction for Youth Board - 2
11/8/76;$Library Board of Trustees - 10/28/76 & li/3/76; 3
Board of Adjustment - 9/29/76;.S,Civil Service Conunis-
sion - 11/8/76 & 11/13/76. y Y
Permit Resolution as recorded in Res. Book 37, as recom-
mended by City Clerk: Res. #76-412, page 598, approv
ing Class C Beer Permit application for Dividend,Elonded
Gas, 302 S. Dubuque St. Res. #76-413, page 599, alpprbV-
ing Class C :Liquor Control License application for The
Waterfront Lounge, 21 W. Benton. Res. #76-414, page _
600, approving Class C Liquor Control License applica,
tion for The Annex, 819 First Avenue. Res. #76-41$, _
page 601, to refund Cigarette Permit to Central vendors
(for Happy Days Pizza & Ice Cream, 1515 Mall Drive). _
Res. #76-416, page 602, to refund Cigarette Permit to
Maid -Rite Corner, 630 Iowa Aventiie.
RESOLUTION #76-417, as recorded in Res. Book 37, page
603, ACCEPTING SANITARY SEWER IMPROVEMENTS IN DEAN OAKS
FIRST ADDITION as performed, by Dave Schmitt Construction
Co., Inc., of Cedar Rapids, Iowa.
Motion approving disbursements for the period of July l -
31, 1976, in the amount of $875,753.43, subject to audit.
Correspondence: Wilda L. Hite, re charges for use of
sanitary landfill, referred to the City Manager's.office.
David C. R,ickettes, Chairman of CAMI3US Policy COMM-ILttee,,
re night service by the Iowa City Transit Systemr r:eferrei
to the Transit Superintendent. Youth Homes, Inc.,, re
financial assistance; Ross Kerber, re traffic light at
Kimball Road, received and filed.
Affirmative roll call vote was unanimous, all Councilmembers
present.
0 6
Page 3 Council Activities
November 23, 1976
The Mayor announced that there were two vacancies on the
Committee on Community Needs with terms expiring October 1,
1977, and March 1, 1.978, respectively. Selections and appoint-
ments will be made at the December 28 Council meeting with
terms to begin on January 25 to allow for a one-month,train,-
ing period.
It was moved by Vevera, seconded by Selzer, to appoint;
Arthur Campbell, 1 -yr. term expiring 12;(1/77; Howard Fountain,
2 -yr. term expiring 12/1/78; and Jack E. Neuzil, 3 -yr. term
expiring 12/1/79, on the Riverfront Commission as recommended
by the Johnson County Board of Supervisors, as the representa-
tives for the County. Motion carried, 9/0. _
Councilman Selzer requested that Council defer making Zp-
pointments to the various boards and commissions at December
7th meeting since he will be on vacation,. There were no Coun-
cil objections. City Manager Berlin indicated that it was
important for City department heads to review minutes. to insure
that their own statements and opinions are correctly reflected.
All staff reports and minutes are to be signed. _
After discussion, Council came to the consensus to hold
an executive session, as defined in Chapter 28.A,.3., Iowa Code,
with Clayton Ringgenberg as a facil;Lt:atgr, for evaluation of
the City Manager. The City Manager would discuss with Council
the results of the evaluation at a later date. _
When asked what the status was of the Tenant -Landlord Ordi-
nance, which was referred to the Housing Commission in November
1975, Berlin informed Council the Legal Staff was asked to res
urrect it. There were no Council objections to holding the
League of Iowa Municipalities' Board Meeting in the Council
Chambers on December 15. Those expected, at the meeting will
include area legislators, councilmembers, staff, and press. It
was decided to extend an invitation to Congressman-el6ct J'im
Leach for a luncheon and meeting with Council on December 20
to discuss needs of the First District Mayors. Leach will meet
with City Staff in the morning. e
Mayor Neuhauser spoke concerning the Comprehensive Plan and
the need for input: from the business community and thte Univer-
sity of Iowa. She noted they could help provide data to estab-
lish how much land should be set aside for commercial growth,
what types of industry would be most suitable, and where they
should be. Councilman Selzer added that the expertise of build-
ers and developers on ways & means of reducing costs of homes
would be useful. The Mayor commented that she would discuss
with University President Boyd how to better communicate with
Page 4 Council Activities
November 23, 1.976
the University on the issues and on what contributions they
could make.
It was moved by Perret, seconded by deProsse, to appoint
Mayor Neuhauser as the representative for Council on the
Johnson County Regional Planning Commission's Nominating Com-,.20mittee. Motion carried, 7/0. —
It was moved by deProsse, seconded by Vevera, to appoint
Councilman Perret as a committee of one to explore the,possi-
bilities of a joint Ban the Can endeavor, with the Cityjof
Coralville. Motion carried, 7/0. Councilman Selzer suggested
the possibility of working through the League of Iowa Munici-
palities and also going after legislation on a statewide basis.. 2
It was moved by Perret, seconded by deProsse,. to adopt
the RESOLUTION ESTABLISHING TRAFFIC CONTROL SIGNS ON COURT AT
OAKLAND AND CLARK, deferred from 11/16.. After further discus-
sion concerning the effectiveness of stop signs, Counc=lwoman
deProsse called for the question. Roll call: Ayes:. de:Prossej,
Neuhauser, Perret. Nays: Fosterr Selzer, Vevera, Balmer.
Motion failed, 3/4. It was moved by Vevera, seconded I'y
deProsse, to adopt RESOLUTION #76-418, ESTABLISHING ONE TRAFFIC
CONTROL SIGN ON COURT AT OAKLAND (east and west). It was moved
by Foster, seconded by Selzer{ to defer the previous motion
until City staff obtains traffic counts on Court and Sheridan.
Motion failed, 2/5, with Balmer, Neuhauser, Perret, de:l'rosse,
and Vevera voting "no." Then Council voted upon the motion
to adopt RESOLUTION #76-418, as recorded in Res. Book 37, page
604, to be implemented after traffic counts have been completed
on Court and Sheridan. Roll call: Ayes: Neuhauser, Perret,,
Vevera, Balmer, deProsse. Nays: Foster, Selzer. Resolution .7C
adopted, 5/2.
It was moved by Selzer, seconded by Foster, to allow City
Manager to contact the Des Moines insuring office so they can:
review and possibly approve sites for subsidized housing., Mo- �O
tion carried, 7/0.
City Attorney Hayek informed Council of two new lawsuits'
against the City -- the V.F.W. 3949 against Olin Lloyd and City
of Iowa City re costs for paving of streets and escroul deposit,
and Jack Young vs. City of Iowa City re request for de;clara- '20
tory judgment on zoning of property.
It was moved by deProsse, seconded by Vevera, thait the
ORDINANCE SETTING SPEED LIMIT ON ROCHESTER AVENUE FROM FIRST
AVENUE TO SEVENTH AVENUE be considered and given first: vote
for passage. Richard Blum appeared in favor of this ordinance.
Affirmative roll call vote for first consideration was, unani- �O
mous, all Councilmembers present.
Page 5 Council Activities
November 23, 1976
It was moved by deProsse, seconded by Perret, 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 following Ordinance be voted upon for final passage at
this time. Motion carried, 7/0. Then it was movediby
deProsse, seconded by ferret, that ORDINANCE 076-28:?0, as
recorded in Ord. Book 10, pages 73-77, AMENDING THE MUNICIPAL
CODE BY REPEALING ORD. 2301 IV, V, 2508, 2655, 26124, AND 2383,
AND ESTABLISHING TWO NEW CHAPTERS IN LIEU THEREOF (PARKS AND
RECREATION COMMISSION & DEPARTMENT OF PARKS AND RECREATION'),
be finally adopted. Affirmative roll call vote was u
all Councilmembers were present. nanimous,
It was moved by Balmer, seconded by deProsse, to adopt
RESOLUTION #76-419, as recorded in Res: Book 37, pages 605-609,
AUTHORIZING MAYOR TO SIGN A SIDEWALK CHUTE AGREEMENT WITH THE
OWNER AND TENANT OF SEIFERTS AT 10 SOUTH CLINTON. Roll call:
Ayes: Vevera, Balmer, deProsse, Foster, Neuhauser, :ferret.
Councilman Selzer abstained. Resolution adopted, 6/ib. Another
resolution willbe prepared which will authorize the IAayor's
signature on sidewalk vault agreements so that each agreement
will not have to come to Council for' individual approval.
J
It was moved by Balmer, seconded by Foster, to adopt
RESOLUTION #76-420, as recorded in Res. Book 37, pa4es 610-611,
AMENDING AN AGREEMENT BETWEEN THE CITY AND THE IOWA CITY
POLICE PATROLMEN'S ASSOCIATION AS ADOPTED BY RESOLUTION #76-
40 *
76-40. City Manager Berlin noted a revised draft which included
the addition of Paragraphs 2 &3. Roll call: Ayes: Balmer,
deProsse, Foster, Neuhauser? Perret, Selzer. Councilman
Vevera abstained. Resolution adopted, 6/0.
As per Perpetual Savings & Loan Association's request,
it was moved by Foster, seconded by Balmer, to defer the RESO-
LUTION AUTHORIZING THE EXECUTION OF A REAL ESTATE CONTRACT
BETWEEN THE CITY AND PERPETUAL SAVINGS AND LOAN ASSOCiEATION
AND THE EXECUTION OF A WARRANTY DEED. Motion carried♦ 7/0.
After City Attorney Hayek called attention to the pro-
posed change in Paragraph 11 of the contract, it was moved by
Vevera, seconded by Perret, to defer the RESOLUTION AUTHORIZ-
ING THE EXECUTION OF A REAL ,ESTATE CONTX1%CT BETWEEN THE CITY
OF IOWA CITY AND THE JOHNSON COUNTY REALTY CO., AND Tot EXE-
CUTION OF A WARRANTY DEED, to find out the approximate cost
of the building. Councilwoman deProsse expressed concern as
to the tax return :From the proposed drive-in bank. Attorney
Jay Oehler, representing Iowa State Bank,appeared and stated
they could not determine the total value of th
e bank unless
0 •
Page 6 Council Activities
November 23, 106
they know they have the land. Mayor Neuhauser stated the
City was obligated to relocate the drive-in bank, and.that
she felt the tax issue was irrelevant because other ;prime
property might be used. Councilman Foster quoted the, 100%
assessed valuation of a similar -type bank as being $.58,0000
a far cry from the value of the land which is $325,OD0. The
City Manager pointed out that there was no alternate site
meeting the special requirements for the bank, and, personally,
he would like to have some feeling of, the magnitude of the
investment to take place. The previous motion to de:Eer the
resolution received the following roll call vote: A!�es:
deProsse, Foster, Perret, Vevera. Nays: Neuhauses, Selzer,
Balmer. Motion,carried, 4/3. _
Robert Welsh, 2526 Mayfield, appeared concerning other
options. After• consulting with the, Iowa State Bank $res;i-
dent, Ben Summerwill, by telephone•, Attorney Oehler reparted
that the estimated cost of the building would be from $2,00,000
to $325,000. When asked if this oral assurance of cost would
provide enough substantial protection, the City Attorney stated:
that because the contract is written the way it is:, :it Would
be sufficient and the City Manager stated he had no cibjection
with authorization to proceed with the contract. Frank Eicher,;
President of Un'i-Bank in Coralville, appeared and stated that
Uni-Bank could provide a full-seivice.bank on this piece of
land. Councilman Selzer stated that he hoped Uni-Batik would
be interested in other urban renewal parcels. Eicher replied
that they would.be.
It was moved by Vevera, seconded by Balmer, to reconsider
the motion to defer the RESOLUTION'. AUTHORIZING THE'EXECUTION
OF A REAL ESTATE CONTRACT BETWEEN THE, CITY AND THR J6HNSON
COUNTY REALTY CO., AND THE EXECUTION OF A WARRANTY DEED, Mo-
tion carried to reconsider, 4/3, with Foster, Perxet, and
deProsse voting "no."
it was moved by Foster, seconded by deProsse, to substi-
tute the new language for Paragraph 11 of the contract as ex-
plained by City Attorney Hayek. Motion carried, 7/0. P,erret
moved, and deProsse seconded, to vote on the original, motion
to defer approval of the RESOLUTION AUTHORIZING THE EXECUTION
OF A REAL ESTATE CONTRACT BETWEEN THE CITY AND THE:JOHNSgN
COUNTY REALTY CO., AND THE EXECUTION OF A WARRANTY DEED. Mo-
tion failed to defer, 2/5, with Neuhauser, Selzer, Vevera,
Balmer, Foster voting "no.."
It was moved by Foster, seconded'by Selzer, to adopt
RESOLUTION #76-421, as recorded in Res. Book 37, pages 612-
616, AUTHORIZING THE EXECUTION OF A REAL ESTATE CONTRACT BE-
TWEEN THE CITY AND THE JOHNSON COUNTYREALTY CO., SND THE
Page 7 Council, Activities
November 23, 1976
EXECUTION OF A WARRANTY DEED, as amended. Roll call,: Ayes;
Perret, Selzer, V,evera, Balmer, Foster, Neuhauser. Nays:
deProsse. Resolution adopted, 6/1.
A motion was made by Foster, seconded by deprosse, to
adopt RESOLUTION #76-422, as recorded in Res. Book 37, pages
617-618, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO It CON-
TRACT BETWEEN THE CITY AND ZUCHELLI, HUNTER AND ASSOCIP.TES'.
Affirmative roll call vote was unanimous, all Council,members
present. This will allow the contract to comply with HUD
terms by setting :Forth the amounts e,E funding by source, 0
It was moved by deProsse, seconded by Foster, to adopt,
RESOLUTION #76-423, as recorded in Res. ',Book 37, page 619
OF INTENT TO ENFOF2CE STATE LAWS RELATING TO CITY CONTROL OF
SUBDIVISION PLATS WITHIN TWO MILES OP CITY LIMITS AND INTENT
TO ALLOW NO FURTHER SEWER CONNECTIONS OUTSIDE CITY LIMITS,,
Roll call: Ayes: Vevera, Fulmer, deProsse, Foster, Neu-
hauser, Perret. Nays: Selzer. Resolution adopted, 611,
Councilman Selzer felt this resolution should be specific
and cover only one area.
A motion was made by Balmer, seconded by deProsse;, to.
adjourn the meeting. Motion carried, 7/0. (10:40 P.m.)
MAYOR
CITY CLERK
Tape recorded on Reel #40
I
City of Iowa Cs
DATE-: November 19, ].9.76
TO: City Council
FROM: City Manager
RE: ?faterial in Friday's Packet
Memoranda fro:, the City il<lnager:
a. Leaf Burning Ban 204k3
b. Impact of New Legislation and Documenting Operating Procedures A09V
c. Permission and Indernification Agreement for Sidewalk Vault's g q q+
d. Perpetual Care
e. Termination of Services to University Heights X0Q7 2a!9 t
Copy of letter to Mr. Summenvill, President of Iowa State Bank F, frust Company
regarding construction planned for Clinton. Street site. 2.0 q g
Copy of letter to Mr. Jack Klaus of Old Capitol Associates regarding improvements
wn Iowa City. ,2
in downtoogq
Memorandum from Legal Staff regarding feasibility of a ban -the -can ordinance.
etoo
Memorandum from Finance Department regarding newspaper recycling Program.
Letter to Iowa City Water Department from a satisfied cit zen..l
Yxh.• rxaz. 'S0 %" &%3M 41 0210 Z
Letters in reply to correspondence on recent Consent Calendars:
a. Mr. Larry waters 2 t o 3
b. Mr. Thomas R. Breese 210y
c. Mr. Don Dounakes 21 OS
Letter to Mr. Daniel Boyle from City Attorney regarding subdivision Of boles
Development Corporation land. A,16 V
Letter from Johnson County Council on aging. 9L10 7
Letter from Ross Kerber regarding traffic light on Kimball Road. Sc6#.207:2
Minutes of staff meeting of November 3, 1976. 2 10 it
Letter ;from Youth Homes, Inc. Sec 'M' 1471
Iowa City 'Fransit monthly report for October, 1976. 7,1 Oct
United Action for Youth monthly report for October, 1976. 2 1 1 O
Ioi-;a City Tree Planting Plan. .21 1
M1Naftf, 6� SfP�PF hlet4IN9 OG{. 10114"1(0 211;2.
'Arumb �vtowt ,wiC4 L`h�Ep w RE: Kidwe�l =Nucsticgwt;ap 1y� tl.S, gk•1Nt
at t'3
0 •
Proposals for In -Bus Advertising for City of Irnv:i City Transit 2
System from Communications
Letter from Hansen Lind Meyer, Inc. re: Post Terrance Senior Opliortunity !21
and Housing Center Proposal
Ralston Creek Watershed Improvements 1977
Ile
Letter
Letter from Dr. H. Lee Jacobs, re: Senior Center 17
iCA)RAN MUM
DATE: November 19, 1976
TO: City Council
FROM: City Manager
RE: Material in Friday's Packet
DIemoranda from the City Manager:
a. Leaf Burning Ban 2ng3
b. Impact of New Legislation and Documenting Operating Procecures .10W
c. Permission and Indemnification Agreement for Sidewalk Vaults 2:0 45
d. Perpetual Care 20`9 G
e. Termination of Services to University Heights '.1.Q 4 7
Copy of letter to 1Ir. Summeniill, President of Iowa State Bank & Trust Company
regarding construction planned for Clinton Street site. 2,048
Copy of letter to blr. Jack Klaus of Old Capitol Associates regarding improvements
in downtown Iowa City. - a qCt
blemorandtm from Legal Staff regarding feasibility of a ban -the -can ordinance.
A100
DIemorandum from Finance Department regarding newspaper recycling program.
2tal
Letter to Iowa City Water Department from a satisfied citizen.
Y". IlYht.'30hN CiSMOL. '.21402.
Letters in reply to correspondence on recent Consent Calendars:
a. W. Larry Waters 2.10S
b. DIr. Thomas R. Breese 21 o H
c, Mr. Don Doumakes 2105
Letter to W. Daniel Boyle from City Attorney regarding subdivision of ',,Rles
Development Corporation land. ?,%0 fs
Letter from Johnson County Council on Aging. 2-107
Letter from Ross Kerber regarding traffic light on Kimball Road. Sc t, �2 o 72
Minutes of staff meeting of November 3, 1976. x 1O Of
Letter from Youth Homes, Inc. sec * 1071
Iowa City Transit monthly report for October, 1976. 9.1 Oct
United Action for Youth monthly report for October, 1976. 2 It 0
Iowa City Tree Planting Plan. 2 1 1 1
M �uufea oar Sinff• 11+.Etim-9 Oct. 20 t I rz fo ,'L t 12 -
RE.
2.iZ,E: Kidwell antuistlgwt%ota kjt� U.S.�p'N•RNca3,
7t1 t'; i is
Proposals for In -Bus Advertising for City of Iowa City Transit 2 IN
System from Communications
Letter from Hansen Lind Meyer, Inc. re: Post Terrance Senior Opportunity Z /1!
and Housing Center Proposal
Ralston Creek Watershed Improvements 1977 �11�
Letter from Dr. H. Lee Jacobs, re: Senior Center X11 7
hef�e ! y v Side &k- ed a,,�,,,. a 1110-
'� I