Loading...
HomeMy WebLinkAbout1973-07-10 Regular Meeting1 � FO-,t, i 1 � f �r ii ,s • 1 • r AGENDA REGULAR COUNCIL MEETING OF JULY 10, 1973 4:00 P.M; Item No, 1 Meeting to order Roll. Call, Invocation cation Item No. 2 Reading of minutes for regular Council meeting of June 26, 1973, adjourned Council meeting,of June 27, 1973, 12:00 Noon, adjourned meeting of June 27,:1973,2:15 p:.m. and regular meeting of 'July 3, 1973. Item No. 3 Public Discussion. Item No. 4 Receive minutes of boards and`.commissions. a. Housing Commission meeting of June 20 1 97 b. -Human Relations Commission meeting of'June318, 1973. c.. Riverfront Commission meeting of July 5,'1973 s Item'No. 5 Issuance ofermit P s. 1 a. Consider resolution, to issue annual cigarette permits. b Consider resolution ,I to issue Class B beer Sunda sales permit 'to Big',l0 Inns and Hamburg Inns, dba/Hamburg''Inns 1 #1, 119 Iowa Avenue, c. -Consider resolution toissue Class C liquor, license to V.F.W.'#2581,I1012.,S. Gilbert Street. d. .Consider resolution`Jto issue Class C beerpermit to Osco Dr ug, E. College. e. Consider resolution to issue Class C beer permit to John Alberhasky, dba/John's Groceries,, 401 E 'Market. Item No. 611 Correspondence to the Council.) a. ,Letter from Thomas N. Martin, requesting the City Council, to authorize the usage of the deck space adjacent to the entrance of the ,Deadwood for 'the Purpose of retail sale of ,beer mixeddrinks,: food and Wine. b. Letter from Mr 0. Dugger, The Goody Shop, Clinton Street Mall, <req ueSting ,permission from, the City Council to sell their goods through a serving window to people on the. adjacent deck: is i. • J I , � p a 4 e 3 Agenda July 10, '1973 Item No. 11 Consider resolution initiating the transitbuilding modification project contract. Item No. 12 Consider resolution approving application from Sycamore Investors, Inc. for construction on Highway right-of-way. Item No. 13 Consider resolution approving contract and bond for Lincoln Development, Inc: of Marshalltown,: Iowa,' for the'', old landfill lift station replacement project. Item No. 14 Consider resolution establishing a stop sign at the intersection of Green Mountain Drivel and Washington Street. Item No. 15 Consider resolution accepting, sanitary sewer improvements serving Braverman Center, Blocks 1,':5, 6, ''and 7„as well: as the"'sanitary sewer serving Kodros Trailer'-Court.' Item No. 16 Consider resolutionapp riving contract amendment 'for the 1973' sidewalk, assessment program. Item No.: 17 Discussion of report from City Manager concerning warning signs for the Burlington.Street dam. Item No. 18 Consider report of PAC grievance hearing of Mr. Joseph Kinney and consider setting the Council grievance hearing for 4:00 ,p, m-','July 17; 1973.'', it Item No. 19 Public hearing on plans, specifications and form of contract for the First Avenue realignment; project. it Item No. 20 Public hearing on rezoning of Tisinger property located. at 812' Second: Avenue from>R1A to R2 zone. (Z-7307) Item .:No. 21 Public hearingon the rezoning of Lots 5, 6, and 8, Block V, East Iowa City Addition, from RlB to R2 'zone. '(Z-7311) Item No. 22 Business from the City Council. Item No. 23 Report on miscellaneous items from the City Manager and The City Attorney. Item No. 24 Public discussion. Item No. 25 Adjournment NEXT COUNCIL C L MEETING JULY 17, 4:00.P.M. n 1": d it • ii C • AGENDA REGULAR COUNCIL MEETING OF JULY 10, 11973 4:00 P.M. Item No. 1, MEETING TO ORDER 1 ROLL .CALL Ni*ckevsow -\6T,;Kr INVOCATION -1) 4�D Item No. 2 READING OF MINUTES FOR REGULAR COUNCIL MEETING OFJUNE 26, 1973,'ADJOURNED.COUNCMEETING ' OF JUNE:27', 1973, 12;00 NOON,; !ADJOURNED IMEETING.10F.JUNE -27,19,73 2:15 P.M.,,,AND REGULAR MEETING OF JULY 3 1973. Item N, o • 3 PUBLIC DISCUSSION. C ni16,. A 7 r1a b Rei't (1 ).6 6A Item No. 4 ij RECEIVE MINUTES OF BOARDS AND COMMISSIONS. a. Housing Commission meeting Of June 20 1973. b. Human Relations Commission meeting of June 18, 1973': C. Riverfront Commis sion meeting Of July 5,' 1973. 7, Item No. 5 ISSUANCE OF PERMITS. --7 a. Consider resolution to issue annual cigarette permits. Action,�, 7 page 2 Agenda July 10 1973: Item No. (Continued) b. consider resolution to issue Class B beer Sunday sales I rmit(to Big,10.1nns and Hamburg Inns, Inc., dba/ pe Hamburg Inns #1, 119 Iowa Avenue. A t o C i n. e. c. Consider resolution to issue Class C liquor license to V.F.W. #2581, 1012 S. Gilbert Street.. Action: � �� e(: d. -consid6r resolution to issue Class C beer p rmit Osco Drug, 120 E.College. Action e.lCon d resolution si er re 1 tio,n to issue Class C,beer permit to John Alberha sky, dba/JoWs Groceries,' 401E. Market. V -a Action Le 1' UM sties 6:1 Item No. 6 CORRESPONDENCE TO THE COUNCIL. al.Letteri'from Thomas N. Martin; 517 Iowa StatelBank Bldg., r6qu6sting the City Council to authorize th e usagelof the deck space adjacent to'the entrance of the Deadwood for the purpose of the retail sale of beer, mixed drinks, food and wine. Action: b. Letter from M. 0. Dugger, The Goody Shop, Clinton Stree t';Mall, requesting permission from the City Council ' to sell their goods through a serving window to • adjacent deck. people the a Action, 1 IY •I page 3 Agenda •w ' July 10, 1973 Iten No. 6 (Continued) c. Letter from Glen and Harry Epstein, Epstein's Book- store, Clinton Street Mall, requesting use of the deck area adjacent to Epstein's:Bookstore for `purposes of cultural enlightenment such as art shows sales;of sundrie goods for charitable causes, etc. Action: d. Letter, from Kenneth J.IHoldeman," Buc Leathers, Clinton Street Mall,, requestingy,that the,modulars be`'developed to their fullest potential by utilizing the modular deck areas::` Action e. Letterlfrom,Robert E. Belding, 608 Whiting Avenue, concerning water skiing on the Iowa River. : Action: �� C W DIY((IICid f. Letter from Wayne D: Walters, Director Johnson County/ Municipal Civil Defense Agency,' announcinq a meeting of all members for '7:30 July p.m., 11,1973.< Action:.ze A e_ i g. Letter from Roman S. Gribbs, President of National j League of Cities,, inviting the 'Mayor of Iowa Cityto establish membership with the International Union :of Local Authorities. 'Action :47 'I I 11 r 1�� page: 4 Agenda JUJY:L 10 1973 Item No.:: 6 (Continued) h..Copy 'of,letter ,froin David'Belgum,,Mayor of, University Heights to President Boyd, University of I Iowa cone"- cerning heavy traffic'where Koser and!Golf view !converge at acute an on Melrose Avenue. Action'; i. .Letter.:from M arshall,Oxley, Colonial B owling'Lanesi'! requesting iigh a street t ;to the entrance: along High- way 218'in front 7 n ont 0 onial f Col Lanes.: Action Item No. 1 7 CONSIDER OkDINANCE AMENDING ZONING ORDINANCEESTABLISH ING STANDARDS AND, REQUIREMENTS:'FOR SIGNS. (SECOND,READING)i� j, Comment: The public hearing�on theproposed sign' ordinance was held at the June, 12, 1973 Councili.meeti 1 ng._ . The, initia Public hearing was held . over a year.ago and since that -time sever . I I al! amendments have been incorporated into theI current ordinance. Action: i0, 4-t,' Item No. 8 CONSIDER ORDINANCE 'REZONING THE PROPERTIES SOUTHEAST OF E INTERSECTION OF H OF S YCAMPRE AND HIGHWAY�6 BY-PASS FROM RlA TO PCZONEr REQUESTED BY.FRANTZ CONSTRUCTION:1COMPANy' IN AND GENERAL GROWTH C PROPERTIES. (THIRD READING) (Z-7211'4 Comment: Frantz Construction:Company, Inc. and General Growth tProper- ies, petitioners, h :allow ave submitted a rezoning request to the construction of an enclosed mall type shopping ,center m31.'54.acres of property located southeast of the intersection of Sycamore street and Highway,6, By -Pass. At its May 24,,1973 meeting the'Planning and Zoning C by a;3-2 vote recommended denial ommission -nLa-1 'of the', rezoning'request. The public hearing was.held at the June 19, 1973 Council meeting. Action :1 6, et e4 page.i6 : •Agenda . July,; 10, 1973 Item No. 11 (Continued) - C • CONSIDER DER RESOLUTIONSETTING PUBLIC C HEARING ON, PLANS 2 9E AND SPECIFICATIONS:'AND FORM OF CONTRACT FOR JULY 31; 1973 AND RECEIVE BIDS ON AUGUST 2, 1973, AT 10:00 A. M' CI % i LC) - ai/•lti-y e -a. it Comment: The 'above resolutions are necessary to initiate the Transit Building Modification Project which is being performed under i. a Department of Transportation grant.. This modification includes the asphaltic concrete surfacing as well as fencing of?the City's transit'' facility located at1306 South, Gilbert Street. Additional work to'be,performed under this project would be .the construction of.an employees' area as, well':as improvements to the maintenance area. Ibis estimated that this project.wi°11 cost approximately $19,,000, The a taff recommends adoption of these resolutions. Action: Item No. 12 CONSIDER RESOLUTION APPROVING ,APPLICATION FROM SYCAMORE INVESTORS, 'INC. FOR CONSTRUCTION ON HIGHWAY RIGHT-OF-WAY. Comment: This, resolution approves storm sewer' construction which was _done in'1966>and 1968, but which was never formally approved by'the`City of..Iowa°City. The storm sewer con- struction in question lies just south of the Sycamore Investors' Mall Shop' ping.Center and encloses'a Highway Comnission culvert and storm sewer'. The staff recommends the adoption of this resolution. Action:/�/ Item No. 13 CONSIDER RESOLUTION APPROVING CONTRACT AND BOND FOR LINCOLN DEVELOPMENT, INC. OF'MARSHALLTOWN,,IOWA, FOR THE OLD LAND - 99 FILL LIFT STATION REPLACEMENT PROJECT. PLACEMENT ;. Comment: This resolution approves the Mayor's signature on the contract.j' and bond for award of this contract. The award of this''con- tract was made at`the 'City Council meeting on June 26, 1973, { asrItem No. 11. Thestaff recommends adoption of this resolution. ,• Action: 1, i;' pager7 Agenda July:'10 r 19.73 : Item No. :14' ]CONSIDER RESOLUTION ESTABLISHING A STOP SIGN AT THE INTERSECTION OF'GREEN'MOUNTAIN DRIVE cAND ,WASHINGTON 3oO STREET. Comments The purpose of this stop sign would be to assign ;the right-of-way at this intersection to,traffic traveling on Washington'Street. This intersection was inadvertently' left off of the';limst of intersections previously '.approved for stop signs on' Washington Street June 26, 19731 as.Item No': 13.1 The staff recommends adoption of this resolution: : c I C 2 �Q./( / eLl Action �J el lie 1d Item No. 15 CONSIDER RESOLUTION ACCEPTING.SANITARY SEWER IMPROVEMENTS SERVING BRAVERMAN CENTER, BLOCKS'l, 5, 6,and TAS WELL'AS THE'SANITARY SEWER SERVING KODROS TRAILER COURT.', gU�! Comment',: This resolution accepts• sanitary sewers which were con-, structed in 1965;Iand 1969, but which were hot 'accepted ` Prior to this time due to the -developers not having sub'- mitted easements!for.this sanitary sewer. :These;, easements have now been submitted b the developers y p and the staff recommends adoption of this:+resolution. Action: � W Item INo.,1,116?, CONSIDER:: RESOLUTION APPROVING CONTRACT AMENDMENT -FOR THD 1973 SIDEWALK ASSESSMENT PROGRAM. dComment; At the City Council meeting held on July 3, 1973, under Item No. 151discussion=was held concerning a contract amendment in'the amount of',$6,850`to construct 'a concrete retaining wall in front of 1430 and 1506', Rochester Avenue. This item was deferred: until the July 10 Council meeting. The 'staff :will be prepared to discuss this ki'tem'at, that meeting. I Z �07 S t • c1�I yet ; Action; cBtp��7� r-rti�� r.r,-a rA.f LVGI i'T IIILIC �"� ci��ChV'A.4,Sfu YpS"T�J�n,. CA.•(7 (l,U� �� �'' I �ti1 Hft f IV-F.J "10 Ln t..�[.., (. f. tN,(:�..�1 t9 t r-.0 U I h � , page Agenda July 10, 1973 • Item No.: 17 DISCUSSION OF REPORT,FROM CITYIMANAGER CONCERNING WARNING SIGNSFOR THE BURLINGTON STREET DAM. � Comment: At its June26, 1973 meeting the city council referred a St'reetdam requestfor warning signs for the Burlington to the Riverfront Commission and the City Manager. . c ion: .'Action ► )/0 .., Item No. 18 CONSIDERREPORT PAC GRIEVANCE HEARING OF MR. JOSEPH � ::A GRIEVANCE HEARING KINNEY AND coNstbERSETTING THE COUNCIL FOR; 4 :00 P.M.-,?.''JULY'17 .:1973.: Comment: The Project �'Area Committee concurred with the City's position and recommends that the City ,Council deny' the moving claim', 0 I the Annex,,,[Inc.1,for payment in lieu of M expenses. A c I opy of the PAC: report is attached. 7 cu Action: Item No. 19 PUBLIC�. HEARING ON PLANS SPOCIF­IC1ATIONS AND FORM OF CONTRACT FOR THE FIRST '�ViNU5_REALIGNMEN -'PROJECT. C, SPE CIFICATIONS A CONSIDER RESOLUTION APPROVING PL, ,SPECIFICATIONS. AND FORM OF CONTRACT FOR THE AVENUE REALIGNMENT F� eu PROJECT. r- comment: This pRPT, cons ists:of the. realignment of FirstlAvenue from Bradford Drive to U S. Highway #6 By-Pass. :This meetinof g di ussed at the Council item was previously discussed June 26,;;1973, as Item N6..21. The staff recommend resolUOh- adoption of this u , Action: WS11 IT010 o le Ili �-AllduJd F9 -P'7 ILII S lei. w Item No. 20 BLIC HEARING ON,REZONING ,OF TISINGE,R PROPERTY LOCATEDAT PU I I 812 SECOND AVENUE FROM RlA TO R2IZONE (Z-7307}sl c6mment: This rezoning request was submitted by Mr. &.Mrs Tisinger for 1ot 71 Block V, East property which is described as,Lot lin Iowa City Addition. This:request was considered con- • junction with rezoning request Z-7311 which is also' scheduled for public hearing at the council meeting of, page 9 Agenda July 10, 1973 Item No. 20 (Continued) y July 10, 1973. The Planning and Zoning Commission re - J commended' -approval of this rezoning request by a 5-0 vote at its regular meeting of June, 14,, 1973. The staff is in agreement with the Planning, and Zoning Commission reo endation. Action°. V Item No. 21 r .PUBLIC HEARING ON THE REZONING OF LOTS 5, 6, and !8, BLOCK V, EAST IOWA CITY ADDITION, FROM R1B TO R2'ZONE. '•.(Z-7311) c Comment: The owners'of the above described property which:is located respectively, at 212 F', Street', 822 Second Avenue, and;:800 Second Avenue,: have submitted a rezonin g: request in,conjunction with the Tisinger rezoning request (Z-7307). The,'. Planning & Zoning Commission recommended approval ;of this rezoning request by a 5-0 vote'at its regular meeting o£;June 14,,1973.,'' The staff is in agreement.with the Planning and Zoning Commission recommendation. Action., Item No. 22 BUSINESS FROM THE CITY',COUNCIL. i.. L: i7e, L! ' t; I U II i i i July 13, 1973 Riverfront Commission Iowa City Council Referral of City Manager's Memo'- July 9,1973 Warning Signs: for Burlington Street Dam At their regular meeting; on July 10, 1973, the Council officially received a memo from ,City Manager: Ray;Wells concerning warning signs for the Burlington,' Street- Dam and prohibition of boating on the Iowa Riversouth of the, Iowa Avenue Bridge to',the Burlington Street Dam. He requeste& that the Councilforward a copy of }}ms memo to your: Commission: for your study and recommenda- tions. The motion was adopted to refer the memo to the',Riverfront Commision for recommendations back to the Council.' 4 Abbie S tolfu s City Clerk f i AS: rap Enclosure 5 1 l MINUTES OF A REGULAR COUNCIL MEETING 'UM973 The Iowa City Council met in regular session on the 10th day of July, 1973 at 4:00 P.M. in the Council Chambers of the Civic Center.' Members, present: Brandt, Connell, Czarnecki, White.` Absent:' Hickerson. Mayor Brandt presiding. The invocation was given by Rev. Robert Welsh, First Christian Church. It was moved by white and seconded by Connell that the amount read be considered'a full reading, and to approve the minutesof the regular Council meeting of June 26,'1973, the adjourned meeting of June 27, Noon, and adjourned meeting of June 27, 2:15 P.M., and the regular' meeting of July 3, 1973, subject to correction. Motion` carried'. Linda 113 Post l Road_,:,_appeared_concerning;_prev_ious ,Pjumb, _ removal of trees at HyVee on Rochester', and noted concern over design of retaining wall'and other trees in connection with _grading_ on_Roches_ter this_y_ear_._.,.._Director of Public Works advised of an informal meeting with property, owners on Wednes- day,concerning the pavina._.P_roject_._ oEugene Madison presented his application for Sunday_ Sale_ The r f Beer and Liquor. for_. the_Bouleyard, Room,_. 32,5 E.. Market... Mayor said 'it would be checked over,' and if approved, adopted with the other permit applications. Robert Welsh, Chairman of the Cable Te1evision.._Committee presented their second report_on,,,areas .... as indicated'in the'lst report, and advised of four additional steps to be taken at this time. He also 'requested consideration for use of a pr'o- fessional consultant. Their next report as soon as possible, this fall. It was moved by White and seconded by Connell that the minutes of the Housing Commission meeting of June 20, 1973,, the Human_ Relations Comm ission_:meeting... of,_June,_1.8_,_l973 and, theof July 5,,,1973_ be received _ �f T ,Riverfront__Commission..meeting and, filed. Motion carried. It was moved by White and:seconded by 'Connell to adopt the cigaretteResolutioto issue roll call Hickerson nabsent, Whiter,aBrandtConnellmand,Czarnecki voted 'aye'. Motion carried. It was moved by White and'seconded by Connell to adoptthe Resolution to approve Class B Beer.Sunday sales permit applica-_ tion._f.or..Big.._10__Inna, and_..Hamburg, Inns,.:Inc.,,;_dba/Hamburg Inn #1, 119 Iowa Ave. Upon roll call White, Brandt, Connell, and Czar- necki voted 'aye',' Hickerson absent. 'Motion carried. -2- COUNCIL MINUTES JULY 10, 1973 It .was moved by White and seconded by Connell to adopt the Resolution to apppove the Class C. Liquor_License _applica- tion for V.F.W. n256.1,_101.2_S..._Gilbert. Upon roll call Brandt, Connell, Czarnecki and White rooted 'aye', Hickerson absent. Motion carried. It was moved by Connell and 'seconded by White to adopt the Resolution to approve Class C beer permit,application for OscoDr,ug_,._ 120E, College. _,Upon roll call Connell, _._ . Czarnecki „White and Brandt voted 'aye', Hickerson absent. Motioncarried. It was moved by White and seconded by Connell to adopt the Resolution' to approve the Class C beer permit,;app_4cation :n for John: _Alberhasky_,_dba/Jo.hn'.s.:Grocer,ie.s, 40l..E..,Market. ... .... l,.1 Upon 'roll call Czarnecki, White, Brandt and Connell voted 'aye',',Hickerson absent. Motion carried. It was moved by White and seconded by Connell to adopt the Resolution to approve the Sunday Liquor Sales permit the for the Boulev..ard__Room, 325,__E __Market. Upon roll Hickerson absent, White, Brandt, Connell and Czarnecki voted 'aye". Motion carried. _ The letter from Thomas!Martin, representing -Deadwood Tavern,; requesting permission to use deck space onr_the Clinton_ Street Mall for ^retail _sale of_liquor and from M.'Dugger, The Goody Shop, Clinton Street Mall, request- ing permission to 'sell goods through a serving window to the deck; the letter from Glen &'Harry Epstein,. Epstein's Bookstore, Clinton',Street Mall, requesting use of the deck area; and letter from Kenneth Holdeman, Bud Leathers, Clinton Street Mall, requesting use of modular deck area, were considered together. The City Manager reported that the Staff had discussed leas- ing arrangements and recommended dealing with tenants on an individual basis.' Those appearing were; Tom Martin represent- ing,Strabala dba/Deadwood' Tavern; Glen Epstein, Epstein's Bookstore; Louis Meyer, Bushnell's Turtle; and Kenneth Holdeman, Buc Leathers'. The City Attorney, advised that arrangements for the Thursday Grand Opening would be temporary, final agreements to be made later. It was moved by Connell and seconded; by White that the four letters be received and filed and referred to the City Manager to report back to the Council'., Motion carried. It was moved by Connell and seconded by White that the letterfromRobert Belding, 608 Whiting Avenue, concerning Water,._skiing on_:the_.Iowa. River._be receivedand filed. Motion carried. (City Manager's report on the River, later in meeting.) COUNCIL MINUTES -3- JULY 10. 1973 It was moved by White and seconded by Connell, that the letter from Wayne Walters, Director of Johnson County/Muni.- oipal Civil Defense Agen�:r_ announcing a_ meeting of_al.l me.t[L- ,� ber on July _11_,__1973,_ be _received and., filed..and referred to —..._ _ the Mayor and 'the City Manager. Motion carried. It was moved by White and seconded by Connell that the letter from Roman_Cribbs,_._President_of,__the._,National.^Leagueof Citi.e.s.,._.inviting the. Mayor._of .Iowa City:to -establish member- ship with,the_: International; Union ... of.,,Local. Authorities,.be:.,._ �... _. received and filed._ Motion carried. It was moved by White and seconded by Connell that the copy of the letter from David Bel.gum, May yor..of_Univ.ersity____ Hei hts to President' Boy d, University of Iowa; concerning support for the northerly alternate_.for..Melrose_Avenue_.____—_- 32 Relocationithru University Heights, be received and:filed. Motion carried.- It was moved by White and seconded by Connell that the inttarfrom stree_tMlishtl'to thA entranial_Bowling_Lanes,_rin—fr't -gg — ce_along_Highway 216_in_.front of Colonial-Lanes,,_;be _re__.. _ and referred _to the. City_Mana....._ ger for report back to the Council. Motion carried. t It was moved by Connell and seconded by Czarnecki' that the 'rules belsuspended and the second reading of the Amending Zoning'— Ordinance Czagiven EandbWhitenly. UaareS,aHickerson ^ ments for Signs,._be given by title only. Upon roll call Brandt, Connell, absent. Motion carried and second reading given by title only. the _tIt was moved by White and seconded by Connell to defer ading.._of.the Ordinance rezoning Frantz Construction:.. _Company &_.General Growth._Z3op.er.ties_on_Highway-6_. ickers__n wi _ tiJ R1A'to PC Zone, until July 24th when-Councilman 'Hickerson will be present. Motion carried. The City Attorney recommended acceptance of the bid from Glenn' Roberts for _ $37,6.00 for purchase __of_.Parcel_ "A" ,, excess _ ng Project and referral of theTanaremaining twofrom the bp,.c I_,of.11and.back_to him for_considera. _ g P call Connell, 'Czarneseconded ert Linn roperty._ Upon roll _ for Parcel Gtionilb_ of another procedure It was moved,by White and cki, b Connell to adopt the Reso_1__ut_io__nAwardin _Bid White and Brandt voted 'aye', Hickerson absent. Motion carried. It was moved by White and seconded by Connell that the City Manager and the City Attorney be instructed to investigate;,dis- position of the other two parcels and report back to the Council. Motion carried. The City Manager requested deferral of the I -llResolution Approving .and Providing for the Execution of the First Amenda- tory Contract, Amending Loan and Capital Grant Contract Iowa R-14, fweek. It-was moved by White and seconded by Connell that k. Motion carried. the Resolution be deferred for one wee COUNCIL MINUTES -4- JULY 10, 1973 The following resolutions were considered to initiate Cl the Transit Building Modification Project Contract. The in the agree- cty,Manager explained that this project was of Transportation under Grant DOT ment with the Department City, Engineer George Bonnett pointed Project_;No .,.Ia-03.-.0.0.0.4:.' - moved by White and __..___ be out the improvements public �as adopt the tion.setting for July_3,1,_,1973. hearringaonythe..Resolution o,faNecesSiiy Connell, Czarnecki, White and Brandt voted Upon. roll call Hickerson absent. Motion tion carried. It was moved the Resolution_,, by Connell and seconded by,White to adopt and_: Specifications; Directing: .Engineer.. to_Prepare_ Plans, Czarnecki, White,. Brandt and Connell voted Upon roll call 'aye', Hickerson absent. -Motion carried. It was moved by the Reso.lution_ : Connell and seconded by Czarnecki to adopt and Form.: setting Public Hearing on' the "Plans,-VSpecifications 1973 an ec__t_of__Bids._on.._Augusa_. _ aip for Jiily 31,,R_ -- of Contrac"E ..n 2, '1973 Upon roll,'call White, Bran dt, Connell and"Czarnecki voted 'aye', Hickerson absent. Motion carried. ssionofromrove It was moved by Connell and.seconded by White Comma the application to the Iowa:State Highway - construction storm sewer rSycamore Investors, Inc.'for --"" in Center, ,done in Investors' Ma11.8hopp 9 south of Sycamore k1966'and 1968. Motion carried. It was moved, by White and seconded by Connell to adopt Lincoln Develop - theTnenResolution„Approving,,._Contract _.and. Bondfor, for the.Old Landfill. -Lift Station Inc: of Marshalltown Project.._ Upon roll call Connell,, Czarnecki;. White Replacement and Brandt voted 'aye', Hickerson absent. Motion carried. It was moved by White and seconded by Connell, to adopt Mountain stablishin a Stop Sign at the Green the Resolution E_ ..._g....,. .- call __, roll Drive Inter,section,.with:Washington_Street. pen Hickerson voted laye', Czarnecki, White, Brandt and Connell absent. Motion carried. It was moved by Connell and seconded by White to adopt Sewer Improvements serving the Resolution Accepting Sanitary &7 as well as,Kodros Trailer Braverman Center, .Blocksl,516 evelo- _._ ._.. Court_,..,the,easements now having been 'submitted by the dConnell ers. Upon roll call Hickerson absent, White, Brandt, 'aye'. carried. and Czarnecki voted Motion The City Manager requested that sidewalk for 1430 and; 1506 Rochester, Ave. be, postponed to the, 1974,program,,SO' was moved by that the Staff can consider alternatives. It to the.,Resolution. Connell and seconded by White adopt I..t'for the 1973 _Sidewalk J Approving amendment to the Contrac Program by deletion of sidewalk and retaining wall ._. Assessment 1430 and 1506! Rochester Upon roll call Brandt, at Connell; Czarnecki and White voted 'aye',' Hickerson absent. ied. Motion carr' I _5_ COUNCIL MINUTES JULY 10, 1973 The City,Manager presented his report concerning warning signs for the'Burlingtgn Street Dam.,._It included the proposal from John Dooley, Asst. Business Manager for Transportation for the University of Iowa,: and stated that an 'Ordinance Banning Boating on the I.owa.River,_south_of the... Iowa.._Avenue a �— _g Brid e to thel'Burlington Street Dam will be on the agenda of July 17th for, Council consideration. He requested that his report; be forwarded to the Riverfront Commission for their recommendation. It was moved by White and seconded by Connell,' that the City Manager's report be received and referred to the Riverfront Commission for recommendations back to the Council. _Motion carried. It was moved.by White and seconded by Connell that the Project Area Committee report of grievanceear Joseph _grievance. hearing set for Kinney be received,. and a C.h-ng_se y ouncil, I. July_17,_ 1973_at._4.:00_P.M.:,__. �___ •._ The Mayor announced that this was the time set, for the plans,_specifions and- form.,o.f: con - public,_hearing.cati .on tract for the First Avenue Realignment Project from Bradford 1� Drive to Highway 6 Bypass.' Robert Welsh appeared concerning _ I _._ spur. It was moved by Connell and seconded by Czarnecki to adopt the Resolution Approving Plans, etc. Upon roll call Connell, Czarnecki, White and Brandt voted 'aye',, Hickerson absent. Motion carried. The Mayor then declared the hearing closed. The Mayor announced that this was the time set - for public -/ p 7 hearingon the rezoningof Tisin er ro ert at 812 Second Ave. .from RlTd to R2 zone as approved by Planning and Zoning Commis- sion. Director of Community Development Dennis Kraft summar- ized the request including rezoning of Lots 5,6 and 8, as in following public hearing. There being no interested persons present to speak for or against the rezoning, the Mayor, declared the hearing closed. The Mayor announced that this was the time set for public hearing on rezoning Lots 5,6 and 8 -,:B -lock V, EIC Addition from RIB to R2 zone, in coniuction with the Tisinger request,' approved by Planning and Zoning Commission: There being no interested persons present to speak for or against the rezon- ing,the Mayor declared the hearing closed. City Attorney Jay Honohan presented his reportrequested by the Council concerning the proposed initiative-andi-referen- r dum provision for the Charter: He recommended that tnis_opin ion be; referred back to the Charter Committee .for additional! until consideration and that action be deferred on the Charter resolution of the Des Moines case. It was moved'by,White and seconded by Connell that the City Attorney's report be received' back and filed and referred to the Charter' Committee to report no later than July 17, 1973. Motion carried', Iiealtn Liquor License forms. lie no ec _De artment on current Beer and Liquor that the forms are distri u e y e State Beer & Liquor Departments,' and any change in the form should be at the State level. The Mayor asked the Attorney to,convy his recommenda- tion to the Johnson County Health Department. The City, Attorney requested'an executive session to discuss the a raisal for'the Nash ro2pertv east of the Recre- ation Center. �`�-5 It was moved by Connell and 'seconded by White to adjourn to executive session to',discuss ;the appraisal for Nash Property.. :,Upon roll call Czarnekci, White, Brandt and Connell voted 'aye', Hickerson absent. Motion carried. GLf5• ivc,�r«�» d �L 4)f��.t MINUTES OF'A'REGULAR COUNCIL MEETING JUNE 26, 1973 4:00 PM Council met met in regular session on the 26th City The Iowa day of June,' 1973 at 4:OO o'clock P.M. in the Council Chambers of the Civic Center. Members, present: Brandt, Connell, Czarnecki, White, Absent: Hickerson. Mayor Brandt presiding. The Mayor asked that a period of silence be observed for silent prayer. the Councilman Czarnecki noted two eomissionnoftaction onutes of the Council' meeting of June 19th, the letter concerning parking on South Linn St., and ring.': It of study of 'useable open space ',to'tCzarneckinthatZthe namount was moved by Connell and seconded by rove the minutes read be considered a full reading and'to app of the Council meeting held June 19, 1973, subject to the! corrections. Motion carried. police Judge, Joseph Thornton appeared reminding the Council e out that as of 'July lst, the Iowa City POofcthecourt Magistrate Courts. nce because of 'the starting tion ,and support of existence the coopera for He stated his appreciation ees and their department had received from all the city employ the Council. The Mayor noted that Judge Thornton's being named as a'Court Magistrate wished shows successainhtheafuture.onea good job for the City, Carol deProsse, 124 N. First Avenue, appeared in - st segment tion to the proposed relocation of the southernmo of First Avenue, presenting a written' statement. It was moved by Czarnecki and 'seconded by Connell ,that the statement be received and filed'. Motion carried. rrow, 831 East College appeared reques Bill Pating that. signs ill Pa ted along ,the Iowa River advising of the Burlington be ch as Street Dam, to ,help prevent accidents suy Coe by that day. It'was moved by'Czarnecki ;and seconded the request be referred to the City Manager and the Riverfront Commission for report. Motion carried. ttorney Jay'Honohan introduced his two tsonnew assistant City And Nancy City Attorneys, Richard grauh a by Czarnecki that the It was moved by Connell and seconofdJune 12, 1973, the minutes of the CATV Committee meeting 1973,, the Housing Commission Charter meeting of June 5 and June 7� Re ional Planning meeting of June 6, 1973 and the Johns16,C1973ybe received and • Commission meetings of May 2 and May filed., Motion carried.' The Mayor noted the joint meeting at y COUNCIL 'MINUTES JUNE 26; 1973 • 12:30 P.M. with the Housing Commission on July, 10th to discuss the Tenant -Landlord Ordinance.' It was moved by Connell and seconded by Czarnecki to adopt the ResolutionApproving', the Class C Beer and Liquor Control License application for the American,' Legion, American Legion Road. Upon roll call White, Brandt, Connell and Czar- necki voted 'aye', Hickerson absent. :Motion carried. It was moved by Connell and seconded by Czarnecki to ' adopt the Resolution to issue annual cigarette permits. Upon roll call White, Brandt, Connell and Czarnecki voted 'aye', Hickerson absent'. Motion carried. It was moved by White and seconded by Connell to adopt the Resolutionapproving the Class B'. Beer Permit application to Shakey's, Highway 1''West. 'Upon roll call Brandt, Connell, _ Czarnecki, and White voted;'aye',` Hickerson absent'. Motion carried. It was moved by White and seconded by Connell that the letter from Mrs. David Kusick, for the Zion Lutheran Church, requesting a loading zone at the south entrance to their church on: Bloomington Street, be received and filed. Motion carried. Action was taken dater in the meeting. It was moved by White and seconded by Connell that the notice of revision to rules and regulations from Iowa Illinois Gas And Electric Company be,referred'to the City Manager and the City 'Attorney for any comment they deem appropriate. Motion carried.` It was moved by White and seconded by Connell that the Tetter from William Nowysz concerning the bids submitted for the:Civic'Center 'Remodeling Project be received and filed. Motion carried. It was moved by Connell and seconded by White that the letter from Ann hler, 1219 Kirkwood Avenue,, concerning overtime parking enforcement and penalty for speeding viola- tion be received and filed. Motion carried. It was moved by White and seconded by Connell that the letter and brochure from Arthur Schlichenmaier concerning, institutional safety and health, be received and referred' to theCityManager and City Attorney for report. Motion', carried. -'3_ COUNCIL MINUTES JUNE 26, 1973 • It was moved by Czarnecki and seconded by Connell that the rules be suspended and the second reading of the Ordinance Amending the Zoning Ordinance Establishing Standards and lie- quirements for Signs, be given by title only. Upon roll call Connell, Czarnecki and Brandt voted 'aye', White voted 'nay', Hickerson absent. Motion not adopted, as four ,votes needed to suspend rules. It was moved by White and seconded by Connell that the second reading of the Ordinance be deferred) until the 'next meeting. Motion carried. Robert Welsh appeared stating concern over the delays. It was moved by ,Connell and seconded by White that the rules be suspended and the first reading of the Ordinance Rezoning Frantz Construction Co. & General Growth. Properties, SE of intersection of Sycamore '& Highway 6 Bypass from RIA to PC Zone,''be given by title only. 'Upon roll call Czarnecki White, Brandt and Connell voted 'aye', Hickerson absent. Motion carried and lst reading given by title only. It was moved by White and seconded by Connell that the Resolution Awarding the Contract for two 24,000 GVW Truck Chassis with ,dump body and hydraulic hoist to Cline Truck and Equipment Company, $10,875.00 be adopted. Upon roll call 'Hickerson absent, White, Brandt, Connell and Czarnecki voted 'aye'.' Motion carried. It was 'moved by Connell and 'seconded by White to adopt the Resolution Awarding the Contract for the Civic Center Remodeling` Project ,to,Burger Construction Co., Iowa City, $183,650.00. Upon 'roll call White, Brandt and Connell voted 'aye',' Czarnecki voted nay', Hickerson absent. Motion carried 3/1. It was moved by Connell and seconded by White to adopt. the Resolution Awarding the Contract for the Old Landfill' Lift Station Replacement Project to Lincoln' Development Corporation of Marshalltown„ Iowa, $44,040.00. Upon roll call Brandt, Connell, Czarnecki, and 'White voted 'aye', Hickerson absent. Motion carried. It was moved by Connell and seconded by Czarnecki to adopt ,the Resolution Establishing a Loading Zone in front of the Zion Lutheran Church at the south entrance of the Church on Bloomington Street. Upon roll call Connell, Czarnecki, White and Brandt voted 'aye', Hickerson absent. Motion carried: It was moved by Connell and seconded by Czarnecki to adopt the Resolution Establishing Stop Signs on Washington • Park Road, Glenn Drive, Schrader Road and Westminister Street as they enter Washington Street. Upon roll call Czarnecki, White, BrandtandConnell voted 'aye', Hickerson absent. Motion carried. 1 ■ COUNCIL MINUTES JUNE 26, 1973 It was moved by Czarnecki and seconded by Connell to adopt the Resolution Approving Contract and Bond for Barker, Inc. for the 1973 Sanitary Landfill Excavation Contract. Upon roll call Hickerson absent, White, Brandt, Connell and Czarnecki voted ',aye-'. Motion carried.' It was moved bylWhit e and seconded by Connell to defer the Resolution Accepting, the Work for the Court Street Sanitary Sewer Project by Lincoln Development Co. Motion Carried. The following resolutions were considered for initiation of the 1973 Paving Assessment Program. It was moved by Connell and secondedbyWhite to adopt the Resolution Designating Engineer. Upon roll call White, Brandt, Connell, Czarnecki voted ','aye'; Hickerson absent. Motion carried. it was moved by Connell and seconded by Czarnecki to adopt the Preliminary Resolution for Street Construction. Upon roll call Brandt,' Connell Czarnecki, andWhite voted 'aye', , Hickerson absent. Motion carried. It was moved .by Connell and seconded by on Fixing Value'of'Lots. Upon to adopt the Resoluta g White. l p roll call Connell, Czarnecki; -White and Brandt voted aye,, Hickerson absent. Motion carried. it was moved by Connell and seconded by White to adopt the Resolution Adopting the Preliminary Assessment Plat and Schedule. Upon roll call Czarnecki, White, Brandt and Connell voted 'aye', Hickerson absent. Motion carried It was moved by Connell and seconded by White to adopt the Resolution setting Public Hearing on the Resolution of Necessity for July 17; 1973.Upon roll call Hickerson absent, White, Brandt, Connell and Czarnecki voted 'aye' Motion carried. Housing Coordinator' Lyle Seydel explained the changes in the amendment to the annual contributions contract with the Department of Housing and Urban' Development for the Leased Housing program as they affect Iowa City. It was moved by Czarnecki and seconded by, White to' „adopt the Resolu- tion'Adopting the Amendment. Upon 'roll call White, Brandt, Czarnecki and Connell ,voted''aye', Hickerson' absent. Motion carried. It was moved by Connell and seconded by White, as'recom- mended by the Planning and zoning Commission, to adopt the Resolution Approving the preliminary plat for Court Hills - Scott Boulevard Addition, Part I. Upon roll'call:Brandt, Connell, Czarnecki, and White voted 'aye', Hickerson absent. Motion carried. It was moved by Connell and seconded by Czarnecki to 19 73-1974 Capital Improve- adopt the Resolution Adopting the m ments Budget and the 197.3-1974 Capital Improvements Program. Upon roll call Brandt, Connell and White voted 'aye, Czar- necki voted 'nay',INickerson absent. Motion carried 3/1. Councilmen Czarnecki and White noted opposition to the I. i _g_ COUNCIL MINUTES JUNE 26, 1973 • $210,000 Federal Aid ''(revenue sharing)being used for the 1973,Paving Assessment Program. City Engineer George Bonnett reported on the request from the Hippee Oil Co. for the repair of Prentiss Street west of Madison and recommended the writer be advised of present city policy. Freda Hieronymus appeared concerning condition of Lafayette St. It was moved by Connell aHippee that by Czarnecki that the City', Manager inform Mr. Hippee',that concerning his request, the City,will'adhere to the present policy., Motion carried'. It was moved by Connell and seconded by White that the staff consider the paving of the west end of Prentiss Street for possible inclusion in'the 1974 paving program. Motion carried. The Mayor announced that this was the time set for public hearing on the Resolution of Necessity for the First Avenue Realignment Project: Public Works DirectorRalph Speer reported on theproject, ro'ec t which Bradford ',Drive and goes to the Highway 6 Bypass. He noted traffic signals at the intersection with the Bypass, with a separate left -turn lane. Interested persons appearing were: Marshall O'Hara, 1225 First Avenue; Marion Neeley Attorney for Victor Metals, presenting written objection; Bob Fellows, Plant, Manager for mo victor Metals; and'Jim',Lenz, 23`Bedford Court. ncessandved by White and seconded by Connell that the appeara objections be received and made,, part of the public hearing. It was moved by white and seconded by Connell to adopt the roll Resolution Adopting the Resolution of Necessity. Upon call ConnellCzarnecki, White and Brandt voted 'aye', , Hickerson absent. Motion carried. 'It was moved White and seconded by Connell to adopt the Resolution Directting the Engineer to Preoare Plans and Specifications and Notice to Bidders. 'Upon roll call Czarnecki, White, Brandt and Connell voted 'aye', Hickerson absent.,'Motion carried. It was moved by Connell and seconded by White to'adopt the Resolution setting ' Plans and Specifications and Form public hearing on of:Contract for July 10 and Advertising for receipt of bids on -July 12, 1973. Upon roll call Hickerson motion absent,carried. Brandt, Connell and Czarnecki voting 'aye'. It was moved by Czarnecki and seconded by White to request that the City Manager and the City Attorney 'look into the possibility of elimination of thru truck traffic on First Avenue.' Motion carried. Councilman White announced the organizational meeting for the Multi -County Organization,' now ,called the East Central Iowa Association of Regional Planning Commissions, on;June 28, 1973 at the Memorial Union, and that the approval of the Law Enforcement Feasibility Study, by the executive committee of the • State Crime Commission will be on the July 10, 1973 agenda. COUNCIL MINUTES -6- JUNE 26,'1973 • Mayor Brandt asked how many Boards and Commissions had responded to the request by the Rules Committee on boards and commissions procedural guidelines, and asked that staff follow-up on it. Mr. Sumy of the Library Board stated that their board is working on 'their report. Mayor Brandt appointed Ronald Farber, 12 Mt. Vernon Dr.; David Kirkman 2916 CornellAve.;' and Mrs. LuAnn Newsome, 127 Ferson;,to six year terms on the Library Board. It was moved by White and seconded by ,Connell that the Mayor's appointments be.approved. Motion carried. The Mayor announced that at next Tuesday's meeting the He Council would set the date'for discussion of the Charter. also requested at the,formal Council adjourn to meeting the 'executive session on Wednesday at noon'. Council concurred. Councilman Connell proposed that the action, by 2'members of the Iowa City Police Department on June!25 be considered of'duty. City Manager Ray Wells above and beyond the call motion of the Council a personal commenda- suggested that by 'and,Sellers for an act above and beyond tion to Officers Sueppel motion the call of duty in rescuing, victims Out of the Iowa River last,'evening,and that commendation be placed:' in their personnel files at the direction of the Council.: It, was so moved by Connell and'seconded by White. Motion', carried. The City Attorney presented the Ordinance Establishing Procedures for the Collection of Parking, Meter Fines and Setting the Amount of said Fines, and recommended three readings and adoption of; the ordinance.TOM su$2..00eresefine forng the downtown businessmen appeared opposing overtime parking'. After' discussion; the Mayor deferred dis- cussion until after tomorrow's executive session. it was moved by Connell and seconded by Czarnecki to adjourn to executive' session to discuss establishment of fair market value for Parcel 102/13, Hieronymus, in Urban Renewal Project. Upon 'roll call White, Brandt, Connell and Cz Czarnecki' voted 'aye', Hickerson absent. Motion carried, Executive session was held, after whish the Council adjourned to regular session. It, was moved by Connell and seconded by White to adopt the Resolution Setting Fair Market Value for Parcel 102/13, Hieronymus, in 'Urban Renewal Project R-14. Upon roll call Brandt, Connell, Czarnecki, and White voted 'aye', Hickerson absent. Motion carried. • It was moved by, Connell and seconded by Czarnecki to sion on Wednesday, June ,27th at 12 adjourn to Executive Ses noon to' discuss the disposition 'o f. Urban Renewal Land. Upon roll call Connell, Czarnecki, White and Brandt voted 'aye', Hickerson absent. Motion carried. d MINUTES OF'A REGULAR COUNCIL MEETING JULY 31 1973 The Iowa City City Council met in regular session on the 3rd day of July, 1973 at _4:00 P.M. inithe Council Chambers of the Civic Center. Members present: Brandt, Connell, Czarnecki and White. Absent: ,Hickerson. Mayor Brandt presiding. The invocation was given by Rev. 'Paul Akin, Associate Pas- tor of 'First United Methodist Church. It was moved by Connell and seconded by Czarnecki that the amount read be considered a full reading, and the minutes for the Adjourned Council meeting ,of June 22, 1973 be approved subject to correction. Motion carried. Deborah Epstein, representing the Clinton Street Mall businesses, appeared requesting a ruling; concerning, use of the decks on the Mall'. Attorney,Jay Honohan,gave his opinion that the decks are part of the sidewalk, and, commercialuse on them is prohibited. The City'Manager Suggested redesigning Elie area and leasing portions to the businesses.; After discus- sion,'it'was moved by Czarnecki and seconded by White that the City Manager and the City Attorney consult with the Clinton Street Mall tenants to see what arrangements can be 'worked out :for utilization oflthe decks. Motion carried. It was moved by White and seconded by Czarnecki that the bills, in the amount of $430,853.64, be approved subject to audit. Motion carried. It was moved by White and seconded by Connell that the minutes of:the CATV Committee meeting of June 19, 1973, Parks, and Recreation Commission meeting of June 13; 1973, Riverfront Commission meeting of June 21, 1973, Charter Committee meetings of June 14 and June 22, 1973 and the Planning and Zoning Com- mission meeting of June 28, 1973 be received and filed. Motion carried. It was moved by 'Connell and seconded by White to adopt the Resolution to refund beer and liquor permit for Gallery 117,',117-1/2 South Clinton Street. Upon roll call Czarnecki, White, Brandt and Connell voted 'aye', Hickerson absent. Motion carried, 'I -2- COUNC IL MINUTES JULY 3, 1973 • It was moved bylWhite ,and seconded by Connell to adopt the Resolution issuing Cigarette Permits. Upon roll call - Hickerson absent,, White Brandt,'Connell and Czarnecki voted 'aye' Motion carried. Janet Trimbleappeared concerning her letter requesting action on Parks and Recreation Commission's recommendation to allow water skiing on the Iowa River at certain times, which recommendation was accepted by the Riverfront Commission'pro- vided the City established a river patrol. The Mayor noted that this was Item 21 on the agenda, but it would be discussed at this time. The City 'Manager did not recommend open 'public use unless the Council would finance and patrol the area. After discussion, it was,moved by White and seconded by Connell that theletter be received and filed. r It was moved by White and seconded, by Connell that the ap- plication for suspension 'of taxes for Opal Hochstetler; 808 Sixth 'Avenue be granted. Motion carried. It was:moved by White and seconded by Connell that the letter from Richard Houston, The Mean's Agency, thanking the Council, Planning '& Zoning Commission and staff members involved' for their time and consideration given to the Richardson request ',for' rezoning, be received and filed. Motion carried. It was moved by Czarnecki and seconded by White that the letter from Alice Litton notifying the Mayor of her resignation from the, Housing', Commission be received and filed. Motion carried. It was moved by Connell and seconded by White that the letter from Larry Althof,,of, Fred Gibson & Company, Inc., requesting amendments concerning real estate signs, to the proposed sign ordinance, be received and filed. Motion carried. It was moved by Connell and seconded by Czarnecki that the letter from'Willard'Boyd, President of the University of Iowa, 'consider their proposal for a pedes - requesting the Council to trian-oriented campus, be received and filed.' Motion carried. The City Manager noted that although the staff ,had participated in discussions of the proposal, ',they did not want to imply at this time, Prior to'the rTransportation Study, that they were � in agreement with closure of those streets. He also stated that Iowa 'City is submitting a proposal to the traffic consultants. It,was moved by Connell and seconded by White that the letter from F. Maisch, S. Uzuner, M.Merino,, E. Schiller and K. ama, University of Iowa HiraY Hydraulics Lab Graduate' Students, Y requesting warning signs to be posted near the Burlington St. Dam, be received and filed. Motion carried. l -3- COUNCIL MINUTES JULY 3, 1973 It was moved by White and seconded by Connell that the letter fromiDale Prediger,: 444 Mullin Ave., requesting marker buoys to be, placed in the Iowa River, be received and filed. Motion carried. It was'',moved by Connell and seconded by,White that the letter'from'Richard Burger, President of Chamber of Commerce, requesting a stoplight at the intersection of Gilbert and , Washington Streets, be received and filed. Director of Public Works Ralph Speer outlined present plans. It was moved by Connell and'',seconded by White that the letter from Elwin "Jolliffe,,Vice 'President of the University of Iowa, certifying expenditures for and acquisition of pro- perties to be redeveloped for University 'purposes 'as '112' credits to the Chicago HUD office, be received and filed. Motion carried. After discussion, it"was moved by 'Connell and seconded by; White that the rules, be suspended and 1the three readings of the Ordinance Allowing Sunday Beer and Liquor Sales be given by title only., Upon roll call White, Brandt, Connell, and Czarnecki voted ',aye', Hickerson absent.,,Motion carried and all three readings given by,title 'only. It was moved by Connell and,seconded'by- White to adopt the Ordinance. Upon roll call Brandt, Connell, Czarnecki and White voted 'aye',; Hickerson absent. 'Motion carried. Rev. Robert Welsh, minister First Christian Church, appeared requesting that no permits'be allowed for establishments within 1-1/2 blocks of a church. The City Attorney stated that the local author- ities could' not do` this. It was moved by Connell and seconded by White to adopt the Resolution to issue Sunday Liquor and Beer Sales Permit to Allen Wildebour,':R,obin Hood Room; Mall Shipping Center: Upon roll call Connell, Czarnecki, White and Brandt voted 'aye', Hickerson absent. 'Motion carried. ' by White to adopt It was moved bsec Y Connell and seconded the Resolution to issue Sunday Beer Sales permit, to Aleko: Hardware dba Maid Rite Corner, 630 Iowa Ave. Upon roll call Czarnecki, White, Brandt and Connell voted 'aye',' Hickerson absent. Motion carried. It was moved by White and seconded by Connell to adopt the Resolution to issue Sunday Beer Sales permit to Iowa City Pizza Co., dba/Shakey's Pizza Parlor, 531 Hwy #l, West. Upon roll 'call Hickerson absent, White, Brandt, Connell and Czarnecki voted 'aye'.' Motion carried. It was moved by White and seconded by Connell to adopt the Resolution to issue Sunday Beer Sales permit to Best Steak House, 117'S.'sDubuque. Upon roll call White, Brandt, Connell and Czarnecki voted 'aye', Hickerson absent. Motion carried. -4- COUNCIL MINUTES JULY 3, 1973 Robert Shellady presented the Beer and Liquor Sunday Sales application for Col pp onial Lanes. It was moved by White and seconded by Connell to adopt the Resolution to issue Sunday Beer and Liquor Sales permit to Colonial Lancs. Upon roll call Brandt, Connell; Czarnecki and! White voted 'aye`,, Hickerson absent. ,Motion carried. Attorney Bruce Haupert made a presentation on behalf of Project Green speaking on behalf of the proposed Ordinance to attempt to neutralize any previous inferences with respect to the unconstitutionality of the Sign Ordinance. ;It was moved by Czarnecki and seconded by White tosuspendthe rules and give the second reading by title only. Upon roll call Connell, Czarnecki and Brnadt voted ',aye', Hickerson absent and White voted 'nay'. Motion not adopted as >4 votes needed to .suspend the rules. It was then moved by White and seconded by Connell to defer the second reading, of the Ordinance to the next meeting. Motion carried.' it was moved by White and seconded by Connell that the rule's be, suspended and the second,reading oflthe Ordinance rezoning: properties southeast of the intersection of Sycamore and Highway 6 Bypass, from R1A to PC Zone, requested by Frantz Construction_ Company and General Growth Properties, be given by title only. ''Upon roll call Czarnecki,', White, Brandt and Connell voted 'aye, Hickerson absent. Motion carried and second reading given by title only. It was moved by Connell and seconded by White to adopt the Resolution accepting the work on ,the Court Street Sani- tary Sewer Project done by Lincoln Development Corp. Upon roll call Hickerson absent, White; Brandt, Connell and Czar- necki voted 'aye'. 'Motion carried. It was moved by Connell and seconded by White to adopt the Resolution accepting the Tree Trimming Contract #7310 by Ron Randall„ American Tree Service. Upon roll call White, Brandt, Connell and Czarnecki voted 'aye', Hickerson absent. Motion carried. It was moved by White and seconded by Connell to adopt the Resolution Accepting the Sanitary Sewer improvements in', Bryn.Mawr Heights, ,Part IV, done by Dave Schmidt, Inc. Upon roll call Brandt', Connell, Czarnecki, and White voted 'aye', Hickerson absent. 'Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Resolution Accepting the Work for City -University Project, Iowa R-14 Contract No. 1, Demolition and Site Clearance done by Gordon Russell Trucking, Inc. Upon roll call Connell, Czarnecki, White and Brandt voted 'aye', COUNCIL< MINUTES JULY 3, 1973 • The City Manager requested that the Resolution Approv- ing a Contract Amendment for the 1973 Sidewalk Assessment Program concerning the 'retaining wall, be, deferreduntil the next 'meeting. It was moved by White and seconded by Connell to defer the Resolution until the next meeting. Motion carried, The following resolutions were considered concerning the initiation of the 1973 Surface Treatment with Base Pre- paration Contract for portions of Mormon Trek Blvd., Sycamore Street, Rohret Road and Melrose Ave. It was moved by; Connell and seconded, by White to adopt the Resolution setting public hearing on the Resolution of Necessity for July 24, 1973. Upon roll call Czarnecki, White, Brandt and Connell voted 'aye',,. Hickerson absent. Motion carried. It was moved by Connell and seconded by White to adopt the Resolution Directing the Engineer to Prepare Plans and.Specifications. ;.upon roll call Hickerson absent, White, Brandt, Connell and Czarnecki voted 'aye'.', Motion carried. It was moved by White and seconded by Connell to adopt the Resolution and Specifications, etc., setting public hearing on Plans for July 24, and .to Receive Bids on July 26, 1973. Upon roll call White, Brandt, Connell and Czarnecki voted 'aye', Hickerson absent. Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Resolution Amending Resolution No. 73-198 by Deleting Provision for Prorating Fees for Pet Licenses lLess than One Year. Upon roll call for a Period issued,'I 13randt, Connell,', Czarnecki and White voted 'aye', Hickerson absent. Motion carried. The City Manager requested deferral, of discussion of the proposed Weed Ordinance for further study by,the'staff. It was moved by Connell and seconded', by White that the discussion be deferred one week. Motion carried. It was moved by White and seconded by Connell that the recommendation from Planning and Zoning Commission to include' paving the center of Sunset Street in the next paving program, be referred to theCity Manager for report back to Council. Motion carried. It was moved by Connell and seconded by White to set ',a public hearing for rezoning of Bryn Mawr Heights Part V from RlA to R1B zone; a's recommended by the Planning and Zoning Commission, on July 24, 1973. Motion carried. Councilman White mentioned two resolutions adopted by the Johnson County Board of Supervisors concerning Urban c • Renewal Land and vacation of Harrison Street. -6- • • _ COUNCIL MINUTES JULY 3, 1973, • Attorney Jay,Honohan requested that discussion of the appraisal for Kelley cleaners'peoperty be includedinthe executive se'ssion'.' It was moved by Connell and seconded by White to adjourn to executive session for discussion of the establishment of fair market value', for parcels'of land for disposal in the urban renewal area and for discussion of the appraisal for Kelley Cleaners property.; Upon ,roll call Connell, Czarnecki "White and Brandt voted 'aye', Hickerson absent. Motion carried Executive session was held, after which the Council re- convened in regular session. It was, moved by Connell and seconded by White to adopt the Resolution Approving', the Offering of Urban Renewal Pro- perty'for Sale, Method of Selecting aRedeveloper and Estab- lishing Fair Re -Use Value. iUpon roll call Hickerson absent, White, Brandt, Connell and Czarnecki voted 'aye'. Motion - carried, a unanimous decision. The total ',fair market re -use value for 503,595 square feet at $4.40 PSF was $2,215,818.00. It, wasmovedby Connell and seconded by Czarnecki that the meeting be adjourned: rMotion carried. L • , RESOLUTION N0.' 73-299 i RESOLUTION OF APPROVAL OF CLASS C 'LIQUOR CONTROL` LI CENSE .:'APPLICATION. BE IT RESOLVED &Y THE CITY COUNCIL OF IOWA CITY, IOWA, that a 'Class„ C " Sunday Sales Permit application is hereby approved for the following named person or persons at ahe following described location: The Boulevard Room, Ltd. 325 E. Market Street Said approval shall be subject to any, conditions or restrictions hereafter imposed by 'ordinance of state law. The City Clerk shall cause at recommendation'for approval to be'endorsed upon the application ,;and forward thersame together with the license fee', bond, and all other information or docu- mentsrequired the Iowa.Beer and Liquor Control Department. It was moved by: White and seconded by, Connell that the -Resolution as read be adopte , and upon roll call there were: AYES: NAYS: ABSENT: Brandt x " Connell x Czarnecki x Hickerson x White x Passed this 10 day of July '19 73 pii 1� I � A ' SECOfJD REPORT TO CITY COUNCIL` Iowa City 'CATV Committee July 10, ;1973 Since our report of March 15, we have continued to explore all aspects of cable television (cable communications) for 'Iowa `City. At that time we indicated to you: "We now estimate we can submit to you a second report on or before July 15. We_'anticipate'that this report .will include: A. A" recommended system . B. Recommended patterns of ownership C. =Proposals for an ordinance D. Proposed future 'steps" We have i nt ste s in each of these areas. taken significant p A. On the basis of the economic and technological data; available to us and our estimate of the needs of the community we `'favor:'' A dual trunk/inactive trunk -- single feeder homelconvertor"distribution system, with a hub construction 'and a centrally located studio for ,local origination and access broadcasting. This:,system would provide an immediate capacity of 26 7':30 channels to subscribers; some closed circuit; two-way potential: It would have an expansion capacity.of 30 channels' to subscribers; 4' channels return;'closed-circuit;'' two-way and ,up to 16 channels of point-to-point communications each way. B. As indicated to you in our communication of May 23} 1973, and our minutes, seven of the committeemembers favor public ownership, two private ownership. C. We have reviewed proposals for an ordinance for public ownership of the ''cable communicationsystem in Iowa. City and 'these are now ready for incorporation -into an ordinance. 1. 1.. I I In rl I L AGENDA IOWA CITY HOUSING COMMISSION June 20, 1973' 1. Approval of Minutes of Previous Meeting , a: June 6, 1973 2. Public Discussion of Items not on the Agenda I 3. 'Coordinator's Report 4. Old Business II ressive'Ho rr. Letter to Progusing I b. Discussion of Joint Meeting with the City Council July 10, 1973 at 12:30",p.m. 5. New Business 6. Next Regular Meeting a. July 4, 1973 7. Adjournment s � 1 4 I 1 • IOWA CITY HOUSING COMMISSIO r) MINUTEST June 20, 1973 1 I MEMBERS PRESENT: White, Hamer„ Duncan, Mikelson MEMBERS ABSENT: Litton, Frimml, Bosserman STAFF PRESENT: Seydel, Schierbrock I 1. Chairman White called the " he meeting to 'order. The minutes of of'the previous meeting were;•approved with'a_motion..from" Mikelson and a second from Hamer., ' ';in The motion carried with all favor. 2. There was no public discussion, however, White informed the Commissioners that the LHP tenants and lessors will be no- tified regardingjthe Agenda change. 3.,1Coordinator'sReport a. The program has lost six, units within the past month but byl the send of 'June all1i209°leases will``befilled. T r he e were fou r applicationsapproved for -.tenanc . One Y a not .. ,could he placed on the;'.approved waiting list until previous ' account is cleared with the Authority. This rerson'•ias in the programonce before, but vacated the unit without Proper notification nor was the unit properly cleared. When the account is clea red then ,the name can be placed on the waitinlist. g ', , b. The OperatingBud getfor 'Fiscal Year endingJune 30, 1974 was approved. by HUD ,for $272,200. Accompanying the approval was a notice that commended the excellent budget presentation as well as thegood management picture which was projected:' c. There are several contract amendments for the Annual Con- tributions Contract 'that;will be 'presented to ,the City Council.- The most significant change_is found in Section 5, of the amendment which reduceso writing the government's liability for payment of "additional annual contributions". Forexample, if an Authority shows asdeficit in its pro- J posed budget, the Federal Government will make a commitment' in writing to provide necessary funds tolcover 'the deficit; however,' this will not always happen. PPen. ' If d. The Iowa,Housing and Redevelopment Association composed of Housing Authorities and Urban Renewal Agencies of; the state has been accepted as the State Chapter of the Nation- al' Association ociat' ion of Hou sng and'Redevelo ment Official P. s. ' a ' 1 RESOLUTION NO. 73-289 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, th'e following firma and persona have made application, filed the -bond ;.and paid , P mulct, tax re wired y b' lav 'for y the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY: COUNCIL OF IOWA CITY, IOWA,that the applications be granted and .the cigarette bond now on file in the office oY'the City. Clerk be '• and the same are hereby approved, and the City Clerk be and he'is'hereby directed p cigarette.:papers and cigarettes to isaue''n ermit to sell ci to the following named persons and firms: 1I2 Hilltop DX Carwash & Service Cntr. 1123 N. Dodge Street 88 Highlander Supper, Club Rte. 2 ;? 89 Lassie'sRed' Barn Restaurant 713 South Riverside Dr. 90 AmericanlLegion Post #17''„ 17 !Legion Road ' 91 Donutland': 1818 Lower Muscatine Rd. 92 Henry's. Beef & Burger 15(E Washington 93 Highland Ave. DX 1310 94 Howard Johnson's I -BO &Hwy #l, North 95 .�King',s'Food Hosts#3581455 Sand,;Road 96 Lakeside Apartments 2401 Hwy,#6, Bypass 97 Lazy Leopard Lounge :122 Wright; Street 98 Leo's Cafe127"Iowa Ave. 99 1Lum s Hwy #6, ,West w' 100 Mag oo's Ltd. 206 N. Linn 101 Aleko Hardware/Maid Rite: Corner `' 630IIowa Ave. 102 Mayflower Apartments 1100 N.:Dubuque 103The Mill. 120 E. Burlington 109 Pizza Hut 19211:Keokuk 105 Robin Hood Room Mall Shopping Center 106 Sambo's 904 Riverside Dr. 107 Shakey's Pizza Parlor 531 Hwy #1, West 108 Taco , Ltd 107 E. Burlington 109 VFW #3949 609 Hwy #6 Bypass t: .I 110 Vitosh`Standard Service j 1905 Keokuk Ave. viz ill PayDrug Store, Inc. Ir, was movedyoWhite and seconded 202 N. Linn by rnnnP11 that ' the,Resolution as read.be adopted, and upon roll call .there 'were: 1, AYES: NAYS: ABSENT: CI Brandt _x._, Connell x_ x ( sin ki Hickerson s l White X t Passed this 10 day of ` Jilly , 19 I 73 i' RESOLUTION No. 73-292 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class ':C" Beer ,Permit"Application is hereby approved for the following named per— ion or'persons at the following,,desoribed locations: Osco Drug, Inc. 120 E. College,Street Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state `law. The City Clerk shall cause a recommendation for approval to be endorsed upon the; application and forward'the,same together with the license fee, surety bond and_ill other. information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Connell and ,seconded by White that the i,° Resolution as read be' adopted, and upon roll call there were:" AJS: NAYS: ABSENT:. Brandt Cannell x Czarnecki x Hickerson - x White x Passed this, 10 day. of July . 19 73 1 ' u- t ee i t, i. i I `I i � ISI q RESOLUTION NO. 71-9()l RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a'Class ."C" Beier , Permit Application is hereby approved for the following named per - , son or persona at the f llowingdescribedlocations: 0 : JOX-F N P, AL �.k SS K 0 N N I S G,,Ro r e R,.< lio R9, T Sr 1 be conditions or restrictions hereafter Said,approval shal subject to any imposed by ordinance or state law. The City Clerk shall cause a recomendation for approval to be endorsed upon the application and forward the same together with the,license fee, suretyborid and all other information or documents required to the Iowa Beer a nd Liquor Control Dpparbm At., i 7� It was moved, by White and seconded by Connell that the roll call.th we r e: Resolution48.ieadbe adopted,, �.and. upone e r ,AYE NAYS: ABSENT: x Q;b M N ra :x 0.7 hQ-NF-r ce T_ T4-:, X Passed this 10 day of July 19 y:1 4 ,,1 :; =:� f'' y' �: L; � ', ��r� 1 1 �J 111VGL J{'/1N .� r } 1� ` A cuprER;6 -SECTION $ r' ;,• 88. PA)VENT IN.LIEU OF MOVING AND RELATED EXPEA'SES a. General. A payment in lieu of moving and related expenses' may be made to'a',business ,(except the owner of an outdoor advertising display) that''electslto receive such payment and that meets the eligibility requirements for a payment for' moving,',and related expenses and the additional eligibility, requirements set; forth in this paragraph.', b. 'Amount of Payment. A payment. in lieu of :roving and related expenses shall be equal to'the average ° annual' net earnings, of thebusiness concern or farm operation, but not'less than $2,$00 nor more than $10,000. For,the purposes of this pay- ment, a;profit-making business owned by a nonprofit organize. tion shall be treated as 'a business, not as a nonprofit organization. r. Payment to'a nonprofit organization which doss not operate for profit; shall begin the amount of $2,$00. -. c. Eligibility Requirements Business Conce::n. r M! (1) Adis laced business 'concern maybe eligible £ora a - ment in lieu of moving and related expenses i the local agency determines,that (a)' The business cannot be'relocated without' a substan- tial loss of its existing atrona e, based on a,con- sideration of all pertinent circumstances including SUch factors as the type of business conducted, the nature'of the clientele, and the relative importance to the "die laced business of its resent'. and proposed P P P P location. (b) The business isnot part of a commercial enterprise haviL, another establishment which is not being so- quired for a project, and which ie engaged 'in':the same or similar business. r: (o): The business contributes materially to the income of t e:diep ace owner. (2) Determination of Number of Businesses. Separate legal { ' entities will not each be entitled to a payment under this paragraph, if 'they actually constitute only one business. `Whenever the local agency and the''claimant cannot agree-on the .number of businesses involved,,the Area'Office'shall be consulted. In determining whether :i Page b 45 CHAPTER 6 'SECTION. s, I *constitute two or more legalentities a:� business",. the folloItors, among others) shall be taken intocon- sidoiation: The'extent to which the same premises and equilxcent are shared. (b), The extent Ito which s��IaR� identical or inti- mately interrelated: .1p.faTions are pursued aadb.fusiness and financial'affairs: are commingled. p. The 'extent Ito which the I entities are held but: to th 8 blic and to those customari y,, ewith -1daling suon it es,,as.'&ne business, xte same person or (d)'s The extent to which - the closely re- I lated persons own, contr ol, or managoIthe affairs or11., .. 11.1h6 entities. . ..... d 'Eligibility' Requirements "F&I ration's, arm: Is !'operation may.-beIeligiblI &,payI of, moving ex-, _isr�fds ponies ifthWlooal agency 'do that 8 (1) Thefam oDerition cI Pro uc s�,pr6ducts inIsuf- ficient:quantity.to,bel;capao.Le,or,00ntributing materia. Uy ' t=oe 0 p eiator's sumort (2)_; The local agency, determines. that'the partl A acquisition] of the operation renders the remaining portion an -..ram uneconomic Is. Is, IT Elikibility��Reauirements-..Nonprofit Organizations• A: displaced; is nonprIanizationrmay be eligible for a i payment in lieu of moving,and related expenses if the local: agency daterzdnes that: I The non iDrofiVorganization:cannot be relocated without a substantial -loss,.of, its existing patronage. The term 1161 patronage• It: in"sthis.case�inoludes.the membership, persons; community, and/or"olidnt.616L served or affectedI by the activities of the nonprofit organization. ,,"Thenonprofit organization is not'par (2) t of I an organization at least one other establishment.which is not being acquired for the project which is engaged in.tho same or similar Opi Page'46 IT, Is, . ..... Is I "T ij — 11371.1 cxa 1 �. OHAPTER 6 i sECTIW 5 £. Average AnnualiNet Earnings: Average annual net earnings generally; shall be computed!on the basis of the not, earnings of`'ihe:business or 'farm, operation, before'. Federal', State, and local income taxes, during the two taxable year immediately pro boding displacement (or'',if the business or* farm was not in operation)that long, such ;other period as-may be approved by the localagency). (1) Average annual net earnings include salaries, wages, of other compensation paid by'the business or farm operation to the owner, his spouse; or his dependents. (2)If the local agency'determines that the two-year period' immediately, preceding displacement is not equitable for, establishing earnings, "the period used; for determining;' average annual not earnings; shall be a"substitute period datermined.by the agency to be'most 'representative. A "representative" substitute period must be one during •, which'the'busineas conducted its-operation at the site in.. the :project area, from ;which, it xaa,diaplaced. , (3) Nonprofit organization's_ eligible fora relocation pay-,, ment for moving and; related expenses- elect,; to re- ceive"'a payment in lieu of moving,and`related expenses in the amount: of $2,500-. For, designation of; organiza- tions' deemed 'to be:nonprofit concerns,'; exempt' from Fed-' eral income taxation, :see 26 U.S.'Code, Sections 501 at seq.) g. Own ership._The term "owner" as used in this paragraph in- eludes the proprietor in.a. sole proprietorship, the principal partnere<.in a partnership,;and the principal.stockholders of a'' cprporatioi determined by'the local agenoy. For the ' purpose ofdetermining a principal stockholder, stock held by a husband, :hie wife, and their dependent'children shall be r treated as one unit. h. Documentation in Support of a Claim. A claim for a.'payment in lieu Of; moving and related expenses shall be supported by t4 such reasonable evidence'of.earnings as. may ,be approved by HUD. (See Appendix 22,)If,no other evidence is available, the claim shall be supported by co ies'`of Federal income tax re- turns. e olaimanti may proi written: authorization to the +' oea .agency to secure a copy of; his income:tax'formas filed with the! Internal' Revenue Service (IRS), or he must certify that the coPY rep sented for review $� agency;is, a true copy tax form as'fi_led with IRS. 'Documentation as to earnings is not required in-support of,a:claim for this pay-', Ment submittod by z nonprofit,organization:- i Page 47 10/71 • 1. i , i ,: • {' I. 13Tt.1 C30 t GiA? 61; APPE\DIX 22 ' , - APPEND31 22. GUiDEm CLAiK FOR RELOCATION PADWT:(WiDMSS)NAME SCHEDULE D OF CONCERN �STATENENT OF CLAIM: FOR PAP04T IN L'fdJ OF MOVING AND'.RELATED WENSES ,The Annex,., Inc. D.Sa t, t. Complete a Schedule if: a.. paymen Lieu of .moving. an related expenses in laLtod. �: A' c laLn for.ajpayment dn'aiou bf. moving and relatsd.expenses shall besupportod by such � oasonable: evidence of earnings may be approved -R B Y ed HUD. If othar.'evidencolsavailablo , Lhs-claim'ehall be supported by: 'copiee4of Federal imoartax returns. Generally,, earnings for ed nc the 2:taxable years immediately ;preceding displacement will be'tho basis for determining the count of this yment:-•Attachadditional shoots as'necessa . Ia. t3uoinoao nomo. usa on income tax return : The Annex Inc. Cipa business activity ies Y. reported on income tax return Is. . Business nunala■,pre■ented to public , h Ann x Inc Ta4ern 3. alp oyer nt ication r�,. own on . ,.,�... ---.ax. return tiled with. strict ., inom■.%Ax reUM: ! ,. (';:Director of Internal.Revenue in -. Kansas Cit Missouri 42-0941689. _'' it ,..... tate Does concern opera a similar establishment outside e.➢ro sot or proirom areal ( ) yea ()d�',No'� .I ,.'If '"Yes,":complete :. the followings iij ,_ NAM r 18 AnIVTT I� •• b.. s corAern • Y any..... other OOnoem •■ o n h :.I! Yn a u • 1 Th tolls r mPL � ' WT A u 77 . I yo. oacribo-the nature. of e, f lationn 1 diep acement cause substantial lose o existing patronage? ea o . If "Yee,!'.explain.oatpletelyf.. ' See Statement Attached �! ' nature cone wise car : cation a o e:Schedule an its attacimonta inaccoxn- :• .nnco with and-nxbjsot'to theprovielone:of Item ljon the "Claim for. Rolocation'Payment '•'� .. (Business)'+.(to,uhich this Schedule D is'an attachnant), and'(b) than any Federal income tax', reports attached hereto' accurately, duplicate the income tax reports filed with the: internal: Revenue Service office in tho city limed S 4 y�v 'l ti �N�� �. DatoMV 8, 1973 1hiI f X..•.:., < _ .�_ ,., s l i • '. . 1771 i ao' i �: '!C NAPTA 6 APPENDIX 1 B ' APPENDIX 18. CuiDEFORM CLAINf FCi RXLOCATION PAYMENT;'(BUSINESS).-.. CLAIM FOR RELOCATION PADW (BUSINESS) ap ca T l.. Iowa w R-1 4 .NST . :: Complete Ateme on a page aDD I If, claimin for moving,and relawd expenses as dxumanted on Schedules, A, B,.and/or.0 .. mmit71oc 12; If claim is for A. paymentin lieu of mov- Ync and. related: expenses as docurtanted on Schedule D,': omit Block 11.I As vend on this torn the tam' . "eoncarn" includes buoinees� concerns, non rofit o anit►timu and farm o rationo. ' NOT ':tc ainoxceetle alocal-■ a en:st•o U n concurrence rior to mak n. nt: 1, HAM UNWAF.F N CONCERNUS (Include ZIP Code)7 - oe-P.KBnneysh The Annex 720 Staub Court NE, Cedar Rapids, Ia ' YAS 7AGTID The Annex, Ince 84-12 OCCUPID BY CONOQIN PRIOR TO,SUBMI98ION -. ..... ,.26 Ea�t'''.COIIe A ,.. OWa OFTHISCUDI - a2drewa'Cii a. . b move to. u'etar d: ed .' Addnn a .tem Occupied b. -'Da 11 U'move to'thie address con luted: } VIR Lo7..<DID.COIC6W. DISCOMSTWi BUSINESS? :Yui No u "Yen,- stab swan for dis ontinuing:busimee: 26; E. College 1/69 Pre ' ncerrntaa t` " Iowa Cit Ia'. sen .Da;Se reestablish? Yee Na • r an 'U "SCONCk7W.',• FARM OPERATION. nur, 1FIT GROAN... Q sole -Proprietorship Manufacturing Services '(J Field Crops Q.Bus. Aeon. Q Partnerahlp Q Light ;, • Q Personal -Q Fruit/Vogetable QFraternal J Q Generation Q Nonvy Q, Business Q LSveatock/AnimalQ,C1v1C/Socid (J: Nonprofit organisation Commercial .� QE Professional O Horticulture : 9 Religious + "Q Farm owner 1 'Q WhoIaoaIe 1.. `Q QiWoor Q Other . Q Profasoioral' Q Farm operator - S Retail Advertising Q Other 'Q Other'_ RfQ,.Other l b u 1 a EXPENSES ibis Claim for r0l'"amenti a. ',,: Relmbursoment for actual reasonable moving Se: :; ezpenees (Attach'., complotedl Schedulo A) In1t1a1 Include o eoata b.to roementforactual direct 060 01 Ltangibla'personal property (Attach' completed . 9u lanonU - Q pP ry. ;achedule.8 Q Final a. is rsement or. sow" reesona n nearchine :.o onoes' Attdeh'com leted'Schedule C) ''. 17. PAnMr IN LIEU OF IDVINO:'AND REUTED EXPENSES. I certiry'..that this ,business is not part of a ' 'commercial enterprise havinganother entablishmsot not be a t.d,rd�isb,ys engaged in the o! r Vuu • uu cams or, similar usineast aM claim payment in the mount >< gnct n a r or gent form cont nue next page Page 1 • i - APTcH n APPENDI%;PBr 1s% t Itemleto,one of the tuns toll,owinG tablas, as approyrLtoe (see first Mese or M1a1. r.... N 17�' etocWiZ �..,. $e �Ilm 0 Ilea �uyw,yw�u w � mcmbcre ofprincipal stockholders, families who .are members of principal r � SUMMARY OF CLAIM ' FOR PAYMENT IA LIEU OF MOVING EXPENSES BY THE ANNEX; INC, ii The issue Involved before the Project Area Committee is whether: I, or not The Annex, Inc, , a tavern operating at 26 East College Street, can be relocated wlthout;'a substantial loss of its existing patronage, Because of the nature of the clientele of the business, It must be relocated downtown to retain Its existing patronage: No location`'of comparable •Ise •►lth'setlsfectory layouts and loeatlons are now available, or will be avail able to the but of our knowledge by, the time of: acquisition of the present location, ' This business' And !tsred p ecessoro have occuP led the same. .location for more than twenty-five years, which has been excellent due to the fact that the patronage of the business comes primarily from Unlverslty of Iowa ,> I students and downtown business and professional people. A'relocation co :. an area outside the Immediate'vlclnity of its;present location', couplet with increased competition, would result in a conalderable loss of business, Decreasing availability of parking in the downtown area Is also a factor in relocation of his business, Although many, patrons drive auto- mobiles to the premises, a central location is still important because most Petrone work In the downtown area or attend the University of Iowa. 1 �,,Y i NOTICE OF PUBLIC HEARING Notice is hereby, given that 'the City of Iowa Cityiproposes'to rezone from. R1B to R2'the following described property to -wit: Lots i5, 6,1 &,8 in Block 5, East Iowa City f t•I jt as requested by Harlan H. Hare, .Daisy Hare, Stella Scott Fern Estate, Poggenpohl, Arthur Leff, Executor, Wm. F. Poggenpohl, • . ;; Darlene S. Tisinger ,,, , Notice is further given that pursuant to Section'414.4 of the 1971 Code of Iowa, a hearing by„the City Council of Iowa' City,, Iowa, on the said proposed rezoning will be held at the CounciI Chambers in the City Hall'of Iowa City,! Iowa;; at 4.-00 PN on July 10 1973 '; and any person having j objections to said proposed' action may appear and file objections at said hearing. Dated at Iowa City, Iowa this June 23 19 73 City Clerk Publish_ ,, is 19' 7,3_ Office of City Attorney July ;10, 1973:fsts) ss7 scos The Honorable Mayor and City Council of'Iowa.:City,;Iowa Civic Center Iowa City, Iowa 52240 Re: Proposed osed Initiative and ;R efere nd um Provision for Charter Gentlemen( As requested by the, Chairman, of the Charter Comm tt i ee and as agreed by the Council, I have undertaken a`review "of the proposed.Charter'submitted to the Council by the Committee in the area of the initiative and referendum proposal. :From such review I have determined the following,and:make the,re- commendations;referred to below: 1. Initiative and referendumgenerally. The initial question to be're- solved is whether or not 'initiative and 'referendum may be legally.a'part',of the Iowa City Charter under 1.Home Rule. :This question is,open to .conflicting construction. My present research leads me to an estimate of a 50-50 chance that this would be, approved by the Supreme Court. There 'is only'one Iowa Supreme Court case on this matter that I could find. (Murphy v.''Gilmani214 MW 679). .It was decided under'a different statute in 1927. Itsonly'dndica- tion was towards':a strict or limited interpretation of the grant of power of initiative' and referendum. Accompanying this opinion is a summary of cases from other states on this '- subject. (These cases indicate a` strict construction inthis area. I,have examined,the case's cited in a student research paper on this subject, which was presented to the Charter Committee, I am not certain J' concur with the writer's interpretation of some of the cases cited as being good authority for initiative and referendum in Iowa. Mr. Martineau, in his opinion to the Committee, cited no authority for his opinion, so I have no information as to14 what authority he relies upon. - In looking at'the cases that I have seen, it is my opinion that courts generally;hold no.initiative and referendum is allowed unless authorized by the Legislature or the Constitution. The central question then is, has the Legislature or the Constitution made such authorization.': In theicase'of G.O. Bonds, authorization for an election is set forth': (Section 107' H.F:'S74 , , I -2- July 10, 1973 To: The Honorable Mayor and City, Council Acts of G.A.) Library Boards (SectionJ96 H.F. 574 Acts of G.A.) and City utilitiesBoards (Section 186 HF 574' Acts of G.A.),also have election pro- cedures spelled out. It could be argued that because the Legislature has set 'forth elections on these matters and is silent on the issue of initia- tive an& referendum elsewhere, that the intent is to exclude, not allow, when taken in the context' with other sections of the City Code. There are two sections in the City Code which I believe are critical in the interpretation of the law in 'determining whether or not we may have the power of initiative or referendum in a Charter_ generally. They are Section 11' and Section 56 of, HF ,574. Paragraph 1 of Section:ll states "A power of a'city is vested in the city, council,'' except as otherwise provided by; state law.':' .Paragraph 2 says, among _other things, "A -City may;excercise its.gen- eral powers subject only to limitations expressly imposed by a State of City law."' Paragraph'4 of Section 56 says <a Charters must contain and is limited to provisions for: 4 The powers and duties of, the Mayor and the Council' consistent with the provisions; of this Act. If it was not for paragraph 2 of section 11 L would feel that initiative and referendum would not be: allowable under :Iowa law. Powers and duties of the Mayor and Council and vested in the City Council,to'me, rule out initia- tive and referendum. Paragraph'2 of section ll says a City;and the cases have held such language; does ,allow 'initiative and referendum.' There are then, in 'these sections, a conflict that only ,the Iowa Court will resolve. 2. ISpecifi6 items.' With this opinion is a listing of some cases in- volving specific' points the Courts have ruled in or out of initiative and re- ferendum 'laws, 'and reference to sections of the City Code which ;I believe rule out certain :items ,from initiative and referendum in Iowa (if it is legal in the first place). I point them out for consideration by the Committee, if my, recommendation set forth below is followed. 3. Recommendation. -Before making this recommendation I would like to point out to the Council that I have conferred with our bonding', attorney re- lating to :the adoption of additional provisions of the Home Rule Act. 'It is his strong recommendation that until the Des Moines case is resolved that we proceed no :further at this time. He feels that to go further than we have to date might jeopardize bonding and special assessment projects. It is my personal recommendation that this opinion bel referred back to the Charter Committee for additional consideration. Much has been said about the, initiative and referendum section being important to the charter. Initiative and referendum has brought about a multitude of court cases in several states.'' I,feel'certain it will happen in Iowa City too.'; I would like the Committee to consider my question about the legality as a whole. Itis important to know what the Committee would feel about', the proposed Charter if initiative and I t1 JJt Specific items Relating to Initiative and Referendum 1. Zoning, if authorized by a separate I statute, is not subject to initiative and referendum. Elliot v. Clawson (Mich.) 175 NW 2d 821'(1970). 2. Revenue Bonds not subject to referendum except as sp'ecified by state statute. Gutherie v. Richland a (W sh.),494 P. 2d 990 (1972). 3. Budget:cannot be amended by referendum. Gilet v. Lowell (Mass.) 27 NE 2d 748 (1940). 4. Salaries of officials may be fixed by initiative. Schryver v. Schiemer (S. Dak.) 171 N14 2d 634. 5. Utility rates not subject to initiative and referendumwithout express legislative authority. Western States Utilities v. Waseca (Minn.) 65 NW 2d 255 (1954). 6. Special assessment, general obligation bonds and revenue bonds procedures' of New Iowa City Code are exclusive,',Section 106, 116,!l60, 162 and 174, H.F. 574 Acts of G.A. 7. Initiative and referendum apply only to legislative acts and not admini- strative. i I . I �:T I ' • rr • I. 'I Charter Commission Ju1y113, 1973' Iowa City Council City Attorney's Report At their regular meeting on JtLly 10, Officially received the 'from 1973, the Council ,report Ifonohan on the Charter,',as 'city,nttorney'Jay requested.The adopted to refer ,the Cit Y Attorney's Charter 'Commission . motion was for report to the later report' back er to than the e Jul Council 1 ca. Y 3. 1 no _J, :197 _ Abbie stolfus City Clerk AS:rap Enclosure I I :I I COPY: ABBIE STOLFUS p i a to July 5, 1973 S. Wells ,IPay ! City Manager !Civic Center Jit Iowa City, Iowa 52240 Red County, Action - Beer l,& Liquor Permits Dear Ray: Abbie checked out some information regarding putting a apace for the approval by the Health Department on the current Beery& Liquor Licenses. It is my'understanding lthatshe-found out that the liquor forms are furnish- ed by the Beer',& Liquor Control"people:and therefore,the County is seeking, a change at a higher level than us poor little city folks. 7 .,Perhapsweought to'',report'to the Council at thelnext meeting on July 10 of our information and suggest that the County Board of health hada good idea and that they should check with the State Beer &:Liquor Control Depart- ment to see if they would put it on their forms. I am sure that the forms i that we're talking about are based on the State, law and the State statute doesn't give a requirement that 'the County Health Department approve 'and`Li4 uor Licenses. It is, ;therefore, my opinion that we couldn't give any carte `blanche 'approval 'authority to the County Health Department. I think ]the best way to punt the matter would be to suggest they stet with the Beer & Liquor Control Commission and see if they can get them to put it on .the forms. We could talk about this for a couple of minutes before the next Council Meeting. with Abbie, you and I. Very truly yours, ay R. onohan, City Corney Jllll : b ce II Y .r 1 i LM! DEPAPMENT OF HOUSING AND URBAN DE�LO PM ENT go �u RFAoCuvCES^L°• t AREA OFFICE Omuhu, Nebru-ku �j, IIIIIIII ao UNIVACOUILDING, 7100 NEST CENTER ROAD, OMAHA, NEBRASKA 68106 st.Loul., Ml+.uurl z REGION VII REGIONAL OFFICE IN REFI-v REFER Tor 'KANSAS CITY, MISSOURI 7.21"TF JON• ,j 19 ,j Lloyd 331 Mr. John B. Klaus Director Denastment of ,Urban Renewal One Ras't College,Strcet Iowa City, Iowa 52240 Dear tLr. Klaus:' r Subject: Projects Iowa R-16(OR) IowaR-18 ri Audit Report on Final M: •'�' Enclosed for our information and official use is one copy of the HUD Report on Audit for subject projoots covoring tho periods identified in the Introduction therein. We arolpleaded to advise that Aree Office revior of the Audit Report, has been completed with the conclusion that the Report disclosed no audit findings requiring corrective action ,by your Agency. ` In order y to make final:grant payment and effect c10se-out for Project R-161 T' please submit an original and three executed' copies each of Forms HUI)6420 and 6440 to this office. A supply of, forms is enclosed. ,. With respect to the Certificate of Completion and Final Coat, please follow exactly the audited coats as shown in the Report. r The only matter to resolve regarding Project R-18 is Other Income. Please nolo,that the Report shove 811115.00 for this item[ which does, not include interest on a $16,000 Certificate cd Deposit purchased Ltarch 5,.1973• he Schedule of Project Cost submitted with Mr.Pugh's letter dated May 15, o1973, indicates x1,0 .33• Please submit documentation which establishes the exact amount of Other Income inoluding OD intcreot in order tlmt final ndjustmento to project close-out'can be msde. r ' r 4 4 sw. Vote .JUN A 1973 { A Audit Cos. Num ar ,5 OfflCfOf INSPfCfORGfNfRA[. 08-4-3011-3007 4 To: Elmer E. Smith, Regional Administrator Region VII, Kansas City,:,., i FROM: A"Ja� 2` LV Re iOn81 ,�7 , g Inspector General - Audit Region VII, Kansas City SUBJECT: Report on Final Audit -Project No. -,Iowa R-16 CR -Iowa R=18'', City of iIowa, City, Iowa' ', % I• rl Department of Community<Development t INTRODUCTION We 'have examined the books,and records of the Department. of Community Development; City of Iowa City (LPA),,pertaining',to its 'Community Renewal (Iowa R-15(CR) and Urban Renewal (Iowa R-18) Programs. Our examinations covered the'period July, 1,1970 through March 31', 1973, for Iowa R-16(CR)• ;. ` and July 1, 1970 ,.through April 15, 19731 for Iowa R-18 and included a 1 determination as to the degree of compliance by the LPA with the terms ' and conditions` of the programcontracts; with the pertinent regulations; policies and procedures of the Department of Housing and Urban Development (HUD); with its own management regulations and procedures; a review of 'the accuracy and condition of the accountingrecords; and a determination d; ,r FOR OFF IC IAL U'SE O N L Y 4 - 4: to the: eligibility ofexpenditures as recorded. The examination was as made in accordance with generally accepted auditing standards and included such tests of the accounting rcords and such other auditing procedures`as e .. ... -' were considered necessary. f P ram .Costs In our opinion, .the accompanying Balance Sheets., Statements oro g and -Final Grant Computations present fairly the financial condition of the LPA with respect to its Community Renewal Program, Iowa R-16(CR), and Urban Renewal Program, Iowa R-18, at the respective balance sheet dates and the results its operations f or the period under audit in accordance with the accounting procedures prescribed by HUD. SM24ARY ' dance with No findin s were develo ed during the final audits. In'accor g P the terms of the respective program contracts la federal grant'of $1,515.49 is payable for Iowa R-16(CR) and unexpended program funds of $17,553.90 for Iowa R-18 are to be remitted to HUD., w b n: ' Distri udo ' Regional Administrator Area Director,10maha, Nebraska Audit Liaison Officer (7) Assistant RegionalAdministrator for Community Development., -. Assistant Regional -Administrator for Community Planning and Management ' Regional Office Director, Accounting Division , g Director, Local Finance and Administrative 'Practices Division$ DMF, Room 8106, HUD Local Agency Services Staff, HAL, Room 9272, HUD' Director, Associate Director, U. S. General Accounting Office Room 4170; HUD c office of Planning and Management Assistance, Director, MR, Room, 7108, HUD 2 Schedule'.2 . DEPARTMENT OF COMMUNITY DEVELOPMENT CITY OF';IOWA CITY; IOWA, Community Renewal Program STATEMENT "OF'PROGRAM COSTS at, March 31,;,1973 Program Iowa!'R-16(CR) Contract Iowa R-16(CR)(G) 'Audited -Overruns Account Classification Costs Budget Underruns 'i Staff salaries ` $22,863.56, $24,118 $1',254.44 Employee benefit con- tributions 1;713.20 1,818 104 80 Travel 35.3050 14 70 Reproduction and reports 1,120.08 2,350 1,229.92 Other administrative costs Jilt 275.90 492 216.10 Contract services 13,600.00 13,600 -0- None xpendabie equipment 45.19 123 77.81 Contingencies -0- 1,527 1',527.00 TOTALS $39,653.234$ 4,078 4,424.77 j. .f is _ 7 '_ i r lly,` Schedule 3 Mfr DEPARTMENT OF COMUDITY DEVELOPMENT r; CITY OF IOWA CITY, IOWA` i? Urban Renewal, 'Prograo`� is BALANCE SHEET at April 15;,1973 I Program Iowa:R-18 i Contract Iowa R -18(A) . iASSETS Current Assets' Cash in Bank $ 542.81 Accounts Receivable —City of Iowa City 11011.09 Investments 16;000.00 Total Current Assets 17,553.90 y, Program Cost Control (Schedule 4) 167;523.19 TOTAL ASSETS i $185;077.09 LIABILITIES AND CAPITAL Liabilities: I � r `Accounts payable - HUD" $ 17,553.90 Capital: I' Federal grant (See Note 1Y 167523.19 , TOTAL LIABILITIES AND CAPITAL $185,077.09 i i r NOTE 1 TO BALANCE SHEET a Pursuant to Section 103(b) ofithe Housing Act of .1949, HUD has'"determined ` that the principal' amounts of 'any funds advanced to local public agencies; ' together with the interest paid or accrued thereon, are uncollectible when program activities are terminated. Planning advance contracts require ' repayment only in the ,event the"planned project moves into the execution ,'phase. ,When planned project is!'terminated, as`Iowa R-18 was, the advances ,Wand accrued'interest payable are dee'med'ta be 'a federal grant; chargeable against;Title I:'grant appropriations and contracting. authority ; The forgiven indebtedness which is considered a federallgrant was computed as follows: Total Audited Program Costs (Schedule 4)I $167,523.19., Hud Advances to LPA $143644.00 r. Accrued ,InterestAd on van ces 41;433.09 Total. Indebtedness 185; 077.09' L"ess: Unexpended Funds to be returned to HUD -17.553 90 r Forg iven Indebtedness Considered a Federal. Grant $167;523 19 i i L f. I r:. -9- i Schedule 4 i DEPARTMENT OF COMMUNITY DEVELOPMENT CITY 0 F>IOWA'CITY; IOWA Urban Renewal'Program STATEMENT "'OF PROGRAM COSTS at i1 15,1973Apr Contract Iowa R -18W Pro ram Iowa R-18 -Overrunsi Audited gud et Undr=uns Account Classification Costs --�'— $15,826A2 $ 14,716.78 $ 30,543 Administration 5,000 -31615.58 Survey and Planning 78,615.58 6,400.26 Land surveys and appraisals 33,044.74' 39,445 828 _0 Pr o'ect,inspection lfee 828.00' .11 _41,433.09 41433.09 _0_ Interest _0_ 1,115.00 -1,115.00 1/ Other income 1 8` 587.00 ,. -0- 1 8 587 Reserve and contingencies �� 4 403 $16------ $-3 120.19 $167_ 52319 TOTALS interest earned on $16,000 Certificate of Deposit 1/ Doesnotinclude purchased 3-5-73 I• •3 a. s 10 11 4 OFFICE OF -Y C 11 ASSESSOR S SES • VICTOR J. 6ELGER • IOWACITY, IOWA ' CITY ASSESS141EN'T EXPENSE FUND w, Ifs-1ct Half Total 18 mo's 1273 t I 16,990 9,495 28,800 18,000 City Assessor 15,200 7,000 22,600 14,400 ti Deputy Assessor 13,600 6,800 20,400 12,900 Appraiser -Clerk 13;600 6,800 .' 20,400 12,900 t. Plat Supervisor 12;400 6,200 18,600 11;700 {I 1 Appraiser -Clerk 4'1000 2,000 '0,000 .14 .000 Extra' -Help I' 77'790 3a 895 116 685 73,900 'Total Salaries 1<• Office Expenditures 1;500 500 2;000 1,500 7. Supplies 3, 000 3,000 6',000 2,OOG ' Board; of Review, 550 205 00 775 700 Car Allowance 50 Exam hoard Assessor's school 1,000 400 1,400 1 000 w. 2000 " , ` :i Court Costs 1',500 Tj000 500 500 .2,000 1+500 00 1 Telephone Life Insurance 2,�J0 1,000 oo 3��00 1,300 1 Group 1,_36 600 1,000 1' Blue"'Cross 11756 6725 18.475 10,950 Total t 891540 45,620 1 7,160 84,850 Total . Budget Ci 6.000 4. 00 0 ` Estimated Balance ' 129,160 60.850 Raised By Taxation 29400 72200 4 � social Security ! p00 '2,000 6,000 __'3, 500 IPE11S 4<LOG -11,500 oCG r 5GU� Total: Social Security & IPERS G Tor Liability 0:0 99,34050,520 500 149,e6o 93>000 Total Budget 6 000 ;., estimated Balance 143 660 89,150 ;;> Raised By is Taxation ClIff ASSBSSORI S SPECIAL APPRAISAL : Uii1) 1 1 1975-1�t Ealf Total !.s :o's 1 3 !11 Salaries, Supplies & Car i 20 000 Allowance ' 15,000 60 000' , commercialAppraisalHelp 25,000 B^1 of Vanraard Co Contract) '00,000 60,GCO Total ' 25,000 ].0.000' r; Balance 35,000 50,000 P11imated By Taxation 209,660 154,150 Grand Total Of Budget 31 000 14 000 Estimatod Balance I 178,860 660 " 7 1 0 139,150 5 Rnieed:By-Taxation 1 r 1 I.