The URL can be used to link to this page

Home My WebLink About1978-09-12 Council minutesr 1•IILROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND ULS MUINL', MINUTES OF OFFICIAL ACTIONS OF COUNCIL SEPTEMBER 12, 1978 The cost of publishing the following proceedings & claims is $ . Cumulative cost for this calendar year for said publication is $ Iowa City Council, reg. mtg., 9/12/78,'7:30 P.M. at the Civic Center. Councilmembers,present: Balmer, deProsse; Erdahl, Neuhauser,'Perret Roberts, Vevera. Mayor Vevera presiding. Moved by Balmer, seconded by'Perret, that the following items and recomns. in Consent Calendarbereceived, or approved, and/or adopted I as amended: i - Minutes of Bds. & Coins.:; Airport Comm: -8/17/78; Human Rights Comm. -8/28/78; U.A':Y. Bd.-8/9/78. PermitResolutions, recomm. by C i ty Clerk, Bk. 50: RES.,N78-409,, p:!1069, APPROVING CLASS C LIQUOR CONTROL LICENSE for Club Car' Lounge.,'RES. '#78-410, p., 1070, APPROVING CLASS C LIQUOR CONTROL LICENSE for Deadwood.Tavern.' RES.478-411, p: _1071, APPROVING' CLASS C LIQUOR CONTROL LICENSE, and RES. H78-412, p. 1072;' APPROVING CLASS C LIQUOR SUNDAY SALES,, for the Brown Bottle. RES. #78-413, p. 1073; APPROVING CIGARETTE PERMIT. Resolutions, Bk_ 50: ,RES. N78-4141 pp. 1074-1078„APPROVING OFFICIAL FY78 STREET FINANCE REPORT. Public' Hearings: RES. #78-415, Res. Bk..50, p::1079,'SETTING'PUBLIC HEARING ON 9/19/78; FOR PLANSr& SPECIFICATIONS '& ESTIMATE FOR,THE RIVER CORRIDOR SEWERS PROJECT. Correspondence: J. Patrick White, 1st Asst. Co. Atty., requesting vacation '& conveyance of portion of S.'Capitol St. Johnson Co. Citizens Comm. for Handicapped, commending City for downtown'parking`spaces for handicapped. City Engr', re signalization of College & Linn St. intersection: Affirmative roll ,call vote unanimous, 7/0, all Councilmembers,present. Mayor Vevera announced the public hearing as set Moved by Dal mer, seconded by Neuhauser, that the ORDINANCE',REZONING ATRACT OF LAND FROM R1A'TO R2 as D A 0 LOCATE T 1804 W. BENTON ST. requested by Jehovah srWitnesees (Kingdomdom Subd. ) be'considered'and given first vote for passage. calf vote i ative roll a •dr rm Motion c rrie ,.7/o. Affirmative ` unanimous, 7/0, all Councilmembers present. t`•,1. 141CROMMED BY DORM MICR46LAO I CEMG PAI';Ds I1CS FIDI9FS - MICROFILMED BY JORM'MICROLAB CEDAR RAPIDS AND UES MU;hEs, !JekA T Official Actions Moved by iBalmer, seconded by Perret, that September 12, 1978 ' the ORDINANCE AMENDING THE ZONING ORDINANCE BY Page 2 ESTABLISHING PROVISIONS FOR ELDERLY, HOUSING IN THE CBS ZONE be considered and given first vote for passage. Motion carried, 7/0. Affirmative roll 'call vote unanimous, 7/0, all Council members present Moved by Balmer, seconded by,Neuhauser, that ORDINANCE k78-2919, Bk. 14, pp. 275-278, TO REZONE TRACT OF LAND LOCATED W. OF HWY. 1 AND SOUTH OF INTERSTATE HWY. 80 FROM R1A TO CO (Hawkeye Real Estate Investmt.) be passed and adopted. 'Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved, by Neuhauser, seconded by Perret, that ORDINANCE N78-2920, Bk.14; pp. 279-281, AMENDING THE ZONING ORDINANCE BY ESTABLISHING PROVISIONS'FOR FAMILY CARE,,CENTERS be passed and adopted. -'Affirmative 'roll 'call .vote "unanimous, ' 7/0 all Councilmembers present. Richard Craig, Iowa City Firefighter, ap- peared andlasked for a response from Council to. the letter sent by the Firefightersregarding a - personnel matter. It was agreed that Council would discuss this matter at a future date and that Mayor,Vevera would send a letter to ,the Civil Service Comm. asking them to discuss it. Morty Sklar, The Spirit That Moves Us;:presented a replica of a la ue"iven to him and a book entitled, "The Actualist and Anthology", in, appreciation',for the City,"grant giveq;to fund the'`Poetry contest. Kenny Kinyon, on behalf of the V.F.W., reported, they had found a -suitable memorial for the plane at the Iowa City Airport. He was advised to make arrangements for an :agreement with. the Airport Commission. Harold'' eechtoldt ;read a statement concerning suggestions for the downtown. Mayor`Vevera declared the public hearing on the Ord. to Amend Ord. #77-2859,' Uniform Building Code Standards open. ''Lyle Miller, Bd. of Appeals member, Roland Wehner; of Wehner, Nowysz, Pattschul1 & Pfiffner, &`H.I'.S. Dir. Mike Kucharzak'were present. The public hearing on the Ord. Amending Ord. 2238 by Regulating' Location of Adult Businesses was held. Harold Shipton, appeared. Moved by Balmer, seconded by Perret, to defer .the public hearing on whether 'a'Beer & Liquor License issued to the Copper Dollar Should be Revoked or Suspended for Violations of Liquor Regulations of the Municipal Code for a 9 9 P i period of three months as recommended by the Police Chief. Motion carried, 7/0. MICROCILREO BY DORM MICR6LAE3 ' fCOf,lt Rnfl?' ^f `. R01!ICS r41CRUFILMED BY JORM 111CROLAB CEDAR RAPIDS AND ULS MUIhLi', i0r: i Official Actions The public hearing to consider providing September 12, 1978 assistance to the Ecumenical Housing Corp. in Page 3 the construction of 100 units of subsidized housing for the elderly was held. Irene Murphy &:Robert Welsh appeared.' No one appeared at the public hearing held on a'proposal to sell -a portion of the Capitol - and Washington St., right-of-way ',for development to Old Capitol Associates: Mayor Vevera opened the public hearing on the proposed plans & specifications for the Service Building Addition Project. No one appeared. Moved by Neuhauser, seconded by deProsse, to adopt ,RES. :#78-416; Res. Bk. 50, pp.1080-181, APPROVING' PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE FOR THE SERVICE BUILDING ADDITION; PROJECT. Affirmative roll', call vote'.unanimous, 7/0, all Councilmembers present. It was moved by deProsse, seconded by Perret, ,to approve the Mayor's appointment of Marian K:' Karr to the Mayor's Youth' Employment Bd. for an indefinite term:- Motion carried, 7/0. Moved by'Neuhauser, seconded by'Erdahl, to approve;the Mayor's appointment of Michael.L s Rose to the; United Action for Youth Bd. for a term expiring6/30/79. Motion carried,7/0. In a spirit of cooperation' and with respect for the independent authority of the Airport Comm., it was moved by Erdahl, seconded by 'f Perret,>.that the'City Council recommend, to the Iowa 'City Airport' Comm.` that they seek a declara- tory judgment as to whether or not a conflict of interest exists' when the FBO and the Airport Manager are one and the same person. Attyi Joe Johnston, Harold Shipton, Elliot Full, Airport Commr. Pete Petersen, & Dennis Gordon appeared. It was 'moved by Roberts, seconded by deProsse; to amend the above; motion to provide that Council ask the Conn.; to proceed in that direction" (declaratory), if the City,'provi,des'money for the declaratory, judgment. :',There, were no objections from the original motionera& seconder. Vote on amendment to motion carried, 7/0. 'Roll call on original. motion: 'Ayes:r-Vevera, deProsse, Erdahl, Perret. ' Nays: Balmer, Neuhauser, Roberts. Motion carried, 4/3.' Mayor declared 5 -minute recess (10:08 P.M.) Moved by Balmer, seconded by Neuhauser, to adopt RES. N78-417, 6k. 50, pp.l',1082-1095, AUTHORIZING MAYOR TO EXECUTE AGREEMENT WITH C'.R.I. &'.' P. RAILROAD CO. Affirmative roll call vote was unanimous, 7/0, all Councilmembers' h present. r (• s'''"Y 141CROCIL1410 BY a 1 JORM MICRbLAB I CUP RAVI; ': �f!40IPf5 I 1.1ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MUINL;, 100ik JORM MICR6LAB C.IiDAR MNPI OCS MINIS Moved by Neuhauser, seconded by Perret,' Official Actions that the ORDINANCE VACATING STREETS WITHIN THE September 12, 1978 URBAN RENEWAL PROJ. AREA be considered and given Page 4 second vote for passage. Motion carried, 7/0., Affirmative roll call vote unanimous,' 7/0, all Councilmembers present. -, Moved by deProsse, seconded by Perret, to adopt RES. #78-418, Res. Bk. 50, pp.1096-1099, AUTHORIZING & DIRECTING AUDITOR OF JOHNSON CO., UESTA THE �ELECTTORSSITION F HOTELOMOTELETAXEBQEFORE10THEOQUALIFI DF OF IOWA CITY,: IOWA, AT THE'GENERAL ELECTION OF 11/7/78.- Several Councilmembers stated their' position on the Resolution." Roll.call: Ayes: Erdahl„Neuhauser,,Perret,LdeProsse. Nays: ' Roberts, Vevera, Balmer. Res. adopted, 4/3. ” Moved by Balmer, seconded by deProsse, to adjourn the'meeting'(10:30 P.M:) Motion carried, 11 7/0. A more complete description of Council activities is on file in the office of the City Clerk. s/ROBERT'A. VEVERA, MAYOR' � K 9 26/78. s/ABBIE STOLFUS, CITY CLER / f Sy}/Ip/,'tt�for p bl icatio�n on 9/21/�78/i:% `/ LLQ y". i I LMICROFILM By JORM MICR6LAB C.IiDAR MNPI OCS MINIS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA � Page p Informal Council Sept. ll, 1978 members. deProsse suggested Council get together Friday to discuss further. D. City Mgr. Berlin will research to see if there are any legal,implica-'' tions regarding U.A.Y. Bd. transferring funds from their checking account to a savings account. E. City Mgr. Berlin will check to see if minutes were written for the meeting between I.C. Human Rights Comm. ,& Iowa Civil Rights Coran. F. Legal & Public Works are working on the conveyance of a portion of Capitol St. to Johnson Co. as requested by;Atty. ,White. G. The City Engr., will send a copy of his memo re N. Dodge St. -Court Sanitary Sewer Assessment to Bruce Glasgow. Council will discuss at later date. H. It was, agreed that specific action should be taken re request for truck embargo on Kirkwood &residents notified of the time Council g will discuss. I.' deProsse will be out of town on Nov. 13 & 14. J. Roberts reported on meeting he attended in Spencer, Iowa, re Iowa Aviation Co: bringing in two commuter services to I:C. Airport. K. Mgr. Berlin will attend a meeting with EPA and Public Technology, City 9 re Wastewater Treatment on September 19 & 20, not at City expense. at Washington, Iowa. AIRPORT LEASES Hayek,,Bowlin, Airport Commr. Bleckwenn,Petersen, Redick & Embree present. 705-1697 A. Airport Comm. manages, the Airport and hiring of Airport Mgr. Council'. r has jurisdiction over appointments to Concn. & budget as far as allocating public funds. B. City,Atty. feels that his opinion & Attorney General's opinion will not resolve conflict of interest' issue, probably only court can decide. �- C. Airport Comm. Chrm. Bleckwenn distributed opinion by Special Asst, to 1S Attorney General re conflict of interest. ."' D. City Atty. feel that having same person as F.B.O. & Airport Mgr. has h specific ramifications. E. City rAtty. ,feel that the City will probably not be liable if there was, - in fact, a conflict of interest that existed. 141CROFIL14ED OY f)i JO RM.. MICR+LA9 I .. M ..: cennR enrins •nes woirnrs tt!CROFILMED BY JORM 141CROLAB CEDAR RAPIDS AHD UES MOINES, IUWA 4 Informal Council Page 3 g Sept. 11, 1978 F. Airport Comm. will provide a report on flowage fee arrangements. G. A report on the lease extension would be helpful. - H. State Code does not limit the length of a lease. I. Airport Comm.'s reason for extension of lease for'F.B.O. was to for their, investment in shop provide protection to I.C. Flying Serv. building. (Evidently they didn't realize there was existing lease for rental of shop to 1987) F.B.O. said it was because he was doing a good job. i J. Council could probably seek declaratory judgment if a City election rather than {' would change the Airport Conn. to an advisory committee o an independent commission, K. Several Councilmembers & Airport Commissioners felt it would be helpful' to determine the Master Plan before contemplating any more leases.', L. Two Councilmembers indicated they would move to recomm. declaratory' ' judgment at tomorrow night's formal meeting. HOTEL/MOTEL TAX Hayek, Bowlin present. 1698-2220 i —__—_ N. City Atty. feels that State statute requires the City to tax all if is hotel/motel businesses without any exceptions an ordinance adopted. ' B. At least 50% of the revenues from the taxes must be used for, enlargement, improvement or 9 i .,acquisition of sites, or construction, maintenance of convention, cultural, entertainment or recreational facilities or'for the promotion of tourist/convention businesses the fund. in the City. The remaining may be used for general C. ... In order to gear the referendum to the'Coralville outcome,, the City Resolution placing a specific, Atty., recommended that Council adopt a statement on the ballot, then pass in Ordinance.form after the election. D. An Ordinance establishing the tax locks in the amount for a period of one year. E. Several Councilmembers expressed their opinions. F. da a Resolution for tomorrow night's Council meeting. r Legal will ft ' ` t, TR MED BY .. MIC 0(IL i 1 . DORMIC R�LAO M CEDAR RAPIDS DES MOINES CEDAR. RAPIDS • DES MOINES tjICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES,,IUWA 1; IDI a e 9 4 Informal Council (� Sept. ll, 19781 j STATUS OF PENDING LITIGATION Hayek, Bowlin present. 2220 -end. A. City Atty. distributed material showing the status of pending litigation. B. Records show an increase in the rate of disposition. C.; Presently, filings have been heavy. I D. The impact of the lack of liability insurance is increasing. i j Procedure for creating a reserve is working well. j ( 1,. I I II I I I I i 1 lye j 1 I 1 I r , l 1 I I I 1 I I J MICROFILMED BY JORM MICn+LAB CEDAR. RAPIDS • DES MOINES