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HomeMy WebLinkAbout1975-05-13 Council minutest_ MINUTES OF A REGULAR COUNCIL MEETING -MAY-13,-1975- 7:30 P.M AY 13, 19757:30-P.M, The Iowa City City Council met in Regular Session on the 13th day, of May, 1975-at 7:30 P.M. in the Council Chambers at the Civic Center. "Present: Brandt, Czarnecki, Davidsen deProsse, Neuhauser'. Absent:none. Mayor Czarnecki presiding. The Mayor noted that -the meeting was-being recorded by KXIC Radio Station and that portions to be broadcast later were at the-discretion of the radio station and in no way controlled by the City or the Council. Mayor Czarnecki proclaimed the week of May 11th thru 17th.a- as Municipal_ Clerks' Week. -" Don Scatena, Vice President of Meadow Link in behalf of Old Capitol Associates, presented a statement concerning their_ revised schedule of activities relating to the development contract on Urban Renewal. They-withdrew-their request -=for extension beyond the date-of March 1,_1976,'with the under- standing that :Staff _-would `=recommend "acceptance of the proposed construction schedule and =Ald-Capitol will take possession and: pay for, all the landcoveredby the contract on or before March 1, 1976. . City Manager Neal Berlin stated that the Staff recommended that the Council authorize the City Attorney -to proceed to work with the counsel for O1d;Capitoi Associates - and prepare the necessary document changes that-would-undertake the change in the construction -'schedule las submitted to the Council by Old Capitol. He added that in the interim period, the Public Works Department and the Finance Department_ will, prepare detailed reports for Council as to the ramifications of the changes from a'construction standpoint and the financial implications. Concerns were expressed_regarding the-market- ability study, the clarification of street closings and ` exchange of air rightsforparking lot, the, cost of the delay, and if-May-20th deadline is realistic.`' It was moved by`Brandt' and seconded by Neuhauser to authorize the City ;Attorney and City Manager to; work out the legal ramifications of the contract, "so as to implement the recommendations. Motion carried. The Mayor noted concern raised by citizens over the liability-on the part of the developers-in caseof inability to perform the revised construction; schedule, and..that the City 'should '°look into protections to incorporate into the contract. After di.scus+;i.on, it was moved by Brandt and seconded by Daviduen'that the CILY_Mantgdr sehedule'a'aieetfog furh Planning and Zoning Commission when he deems itlappropriate. Motion carried, 4/1, Czarnecki voting 'no'. Councilmembers Neuhauser and Brandt- voiced appreciation to Old.Capital Associates-and-the Stafffor resolving the differences. Page 2 Council Minutes May 13, 1975 Rosalind Moore, President of the City Center Association, presented a-statement:thanking;Council for their cooperation regarding the request for temporary parking on the corner, of Washington and ClintonStreetsduring the Washington Street construction. The City; Manager_ advised that the Finance Directorwillhave a report soon. it was "moved 'by Brandt and seconded' -by _deProsse that the letters from Scatena andMoorebe received and filed. Motion carried. Ernie Lehman appeared presenting a letter from Mary Hartwig, President -of the Chamber of Commercesupportingthe artwigAssociation's request for temporary parking, and asked that the City -Center Association and the Chamber of Commerce be involved in`the 'discussions and- planning affecting__ traffic patterns. Discussion of this parking lot will be scheduled after a`memo-is received from Staff. John Harper presented a Resolution for Entry in the 1975 Iowa Community Betterment Program, and explained that the City were to act as sponsor forthe Citizens for a Better -Iowa Ci Iowa Community Betterment no competition. There would be no financial commitment for the City. It was moved by deProsse and seconded by Neuhauser to adopt the Resolution. Upon roll se and Neuhauser voted call Brandt,' Czarnecki, Davidsen, dePros -- 'aye': Motion carried.' It was moved by Neuhauser and seconded by deProsse that It the mwas'of 'the'meetings of Iowa City Library 'Board of Trustees, 3/27/75; Citizens' Steering committee for the= Housing and Development Ac , 4/3Park & Rec.,: Comm., 4/30/75 the City Conference Board 4/28/75,, and'Riverfront Comm., 5/1/75 be received'and filed. Motion carried. Concerning the recommendation from the Citizens' Steering Committee for the Housing and>Community Development Act to approve new members to` -the Committee, after -discussion -of proper procedure_, ,it was moved by Neuhauser and seconded by Brandt to refer this recommendation to the Council Rules Committee for report back tothe:Council. Motion carried. Concerning the recommendation for a new ,committee title, Citizen Involvement Committee, it was moved by Brandt and -`seconded by deProsse to defer this recommendation until the Rules Committee comes back with the other recommendation. Motion carried. The Mayorannounced that this was the time set for the public hearing to vacate and remove the Lafayette Street Bridge and thnt`La£ayette Street bebarricadedatthe creek. 'City l4r�rjuger Cerllrr cid✓f:ged G►r 6-xeJ.nb r�,3 so the afire'. - be��ieen the City and the Rock Is Railroad roncerning,the C1W9 Council Minutes Page 3 May `13, question will be referred to the financial obligations, the City Attorney, for -,resolution. There being no interested persons -present present -to -Speak for or ,against the vacation of the declared the hearing closed: bridge, etc. the Mayor The Mayor took note ;of thememo ofarks and the Faeation rmersrMarket, - Director Gene Chubb concerning previously authorized expansion and stated that the.Council had previously the names of Section 23 of the Market. Concerning releasing Hayek reminded Council of Leased Housing Program tel headvisedreceipt of the memo from Attorney Bowlin. Attorney Y ion previously-: Brandt commented the executive session discuss - thathewas against the action. There was no Council action necessary. --- Mayor Czarnecki announced the appointment of Patricia 1978. It was moved by Y," th and Rterms expbs t on1Mayh1 two vacancieas the Housing Commission, Neuhauser to approve the Mayorno Brandt and seconded by 4 1, deProsse voting Motion carried, / vote. appointments. _-- Councilwoman deProsse stated the reason for her �nO Tonal Concerning the appointments to the Johnson County Reg Commission, the Mayor noted_that the name of Flo Planning the Parks -Wand Recreation Stockman had been -nominated by to Commission, Jim Lindberg from the Riverfront Commission and Louise Larew from the; Planning and Zoning' Commission, replace Madsen and Brandt, Brandt to be an'alternate. It was - replace a Mads °and seconded by Davidsen that 'Larew and movedLindberg be appointed to the Commission, with Brandt as an alternate. Motion carried. He also called attention to the public The Mayor noted the Bicentennial Commission fund-raising circus on May 24th. hearing on -Ma 15th, concerning thel9th on the Sectionoge and meeting in'`Cedar-Rapids, on May the Davidsen and deProsse attending. u Hosing, - , He called attention to other correspondence in the May 9th and 12th packets, 1) news release noting -rejection of he grant to continue Sex Crime Prevent ran It was moved by lease Brandt and seconded by deProsse that this news reExecu be Letter to Sarah FChairpersonsfor referred to the Johnson County Regional Planning Board. -Motion-carried. M1<& M2 zones 3) Letter for Parks and RecreaCommission regardingson, Planning and Zoning vacation of streets 4) Letter from Mike Finnegan, As from Ogeson to -Mayor pr Czarnecki concerning for.Urbah Renewal project Page 4 Council Minutes -- _ May 13, 1975, Business Manager for the University, to Finance Director Joe Pugh, concerning proposed sewer service rate increases and 5) Memo on General Revenue Sharing from'Pugh, the Ma that we: are one , of the few cities gettingyor noting previously, $63,000'extra. more money than Councilwoman deProsse announced a meeting -of the Ralston Creek Coordinating Committee on May 19th 'at 7:30 P.M, at the Civic Center to discuss the Flood Plain Ordinance. A draft of the suggestions for _formation of the Ralston Creek -Committee - will -be the Attorney submitted to the 'Council_ given to for review and it will then be Mayor Czarnecki advised receipt of information concerning allocation of $10,000 in the Park_and Recreation Budget; $5,000 for Public Trees; $2,500 for`Park Design Project, for Zoo expansion and $1,000 -for -Sturgis Ferry Park, The $1'S00 City,Manager-commented that in the future the Staff would bring recommendation of reallocation of funding because of changes in programs to Council's attention. Concerning the use of this money for, the Special Populations Involvement program, Sarah Fox, Chairperson of Parks and Recreation Commission advised that the application had not been 'to the Commission for endorsement She explained what the money, would be used for in expansion of the Zoo. _-Funding ,for SPI was discussed: It was moved by Neuhauser and seconded by; Brandt to defer action on spending the $10,000 until Parks and Recreation Commission has had time to consider the SPI application.- Motion carried ,;3/2,_;Davidsen=and _Czarnecki voting 'no'. Dennis Showalter, Parks Superintendent explained the Sturgis Ferry 'Park Improvements to be"made. discussion of funding for SPI Program, After further and seconded b g it was, moved by deProsse y Neuhauser to reconsider the previous motion. Motion carried 4/1, Brandt voting no'. `:It was, -moved by Davidsen and seconded by Czarnecki to a of the Parks and Recreation Commission as to allocation of approve the recommendation $10,000. Motion _carried 3/2, / Nsolicitiuser and Brandt voting no _Fox asked_if_Council was soliciting the Commission s notion of where they see this (SPI program priority) Council agreed that they wanted a Commission rep and Staffreport. The City Manager presented the Civil Service Commission's which fincludes�Chris�ine1Juh1ity 1 Beckyist rMorgane:PolicOfficer P ling Mike Goldberg,includosition, Patricia KlugRonald Herman, Gary Barker, Jeanette Fousek, Klug Jann ReamandTimothy Miller:` It was moved by Brandt and seconded by deProsse CO approve the t wa ,movedb COMM Union'"-cer.tLCLcntLon-of cllgibilit� - y Motion carried. Page 5 Council Minutes May 13, 1975 It was movedbyBrandt and seconded by-Davidsen to instruct the City Attorney -to proceed with the necessary action to collect delinquent rents 'from modular -and-other-downtown. rental properties.' Motion carried, 4/1, deProsse=;voting- 'no'...... Attorney Hayek advised he would notify those delinquent that they -hada short time to make t -the-payment,--or they would be evicted and action -would be taken to obtain ',judgements on others`. Attorney Hayek reported that the Lawsuit hadbeenfiled by Robert W. Stevens concerning the vacation of Lower West Branch Road, and copies:would -be distributed to Council. It was moved by Brandt and 'seconded by Neuhauser that the rules be and the first reading of the Ordinance to Amend the Zoning Code byEstablishing Section 8.10.25H-- commercial- Vehicle_ Parking in R:Zones be given by title only. Upon roll call Czarnecki, Davidsen, deProsse, Neuhauser; Brandt voted 'aye'. Motion carried and first reading given by ._title only. It was moved by Davidsen and seconded by Brandt that the rules be suspended and the first reading of the Ordinance to Amend -the Municipal,Code by Establishing=Provisions;, for On -Street Parking in R'Zones 'be -given by title only. Upon roll call Davidsen, deProsse, Neuhauser,-Brandt, Czarnecki :voted ','aye' Motion 'carried =and -first reading given by title only. It was moved by Brandt and seconded by deProsse that the rules be suspended and the second reading of the Ordinance Providing for Compensation for the Mayor,.and Councilmembers of the Council of Iowa 'City, Iowa and Repealing Ordinance No 2252'be:given by,title only. Upon roll 'call 'deProsse, Neuhauser,Brandt, Czarnecki,; Davidsen voted 'aye'. Motion carried and second'` reading'; given by title only. It was moved by Brandt and seconded by:Neuhauser to adopt -- the Resolution Approving -Agreement with the Iowa -State Highway Commission Concerning FAUS Fundingfor the Park Road Bridge Resurfacing Upon roll call_Neuhauser, Brandt, Czarnecki, Davidsen, deProsse voted aye Motion carried. It was moved by Brandt and seconded by Neuhauser to adopt the Resolution Removing ,Two Parking, Spaces_ on the -West 'Side of Clinton Street Immediately North of Harrison to enable mail - drop boxes to be moved-to-the-west°side of Clinton Street across from the new Post Office. Upon roll call Brandt, Czarnecki, Davidsen, deProsse,_Neuhauser voted 'aye'. Motion carried. Page 6 _ Council Minutes May 13,1975 It was moved by Brandt and seconded by Davidsen to adopt,__ the Resolution Awarding -Con -tract for the Washington Street Sanitary SewerProjectto Dave 'Schmidt :Construction in the - amount of $57,695.- Upon roll call Czarnecki Davidsen',deProsse, Neuhauser, Brandt voted 'aye'. ,Motion carried. It was moved by Neuhauser and seconded by Brandt to adopt the Resolution Awarding Contract for the 1975 Sanitary Sewer Improvement Project #1 to Weber `"Bros. `Const. in the amount of $14,279. Upon roll call Davidsen,'.deProsse, Neuhauser, Brandt, -Czarnecki -voted 'aye' _Motion_ carried. _ I Public Works Director Richard Plastino advised that there was a Change Order necessary before considering the Resolution Accepting the Work on the Water Treatment -Plant` Improvements Contract No. -1. --This would' deduct _$1,555' from the total ;of - the contract. It was moved by Neuhauser and -seconded :by Brandt to adopt the -Resolution Amending the Contract. Upon roll call `deProsse, Neuhauser, Brandt,; Czarnecki and Davidsen voted 'aye'. Motion carried. It was moved by Neuhauser and seconded by Davidsen to adopt the Resolution Accepting the Work on the Water Treatment Plant Improvement Contract_No. 1_ -done by Korshoj_Construction Co.', : the amount of $81,485.63, payment due contractor. Upon roll call Neuhauser,;'Brandt,,Czarnecki, Davidsen and deProsse voted 'aye'.;.: Motion carried. It was moved _by Brandt and seconded by deProsse to defer the Resolution Approving ,Rent ,Collection 'Policy fortheLeased Housing Program for one, week as paragraph #3 is ,unclear. Motion carried. It was moved by Neuhauser and seconded by Davidsen to adopt the Resolution Approving the Purchase of 14 Acres. of Park Land at the End of Taylor Drive in Iowa City (Showers:Estate).` Upon roll call Brandt, Czarnecki Davidsen, deProsse, Neuhauser voted 'aye'. Motion carried. It was moved by deProsse and seconded ,by Davidsen to adopt the Resolution Approving Class `C -Liquor License Application for Pershell Corporation ,:dba/Colonial-Bowling Lanes, 2263 Hwy.._ 218 South. "Upon roll 'call- Czarnecki, Davidsen, deProsse, " Neuhauser, Brandtvoted'aye'.. Motion carrie.d It was moved ,by deProsse and seconded by Davidsen to adopte .the Resolution Approving` Class'C Liquor Sunday Sales Appli- cation:for Pershell Corporation dba/Colonial Bowling Lanes, 2263 Hwy. 218 South. Upon roll call Davidsen, deProsse,: Neuhauser, Brandt, Czarnecki -voted -'aye'-.- Motion carried. FOIRMAL Dtscuss10w MAY 8, 1975 1:00 P:M, The Iowa City City Council met in informal session of Play, 1975 in the Conference Room a.t Councilmembers present: Czarnecki, on the 8th day the Civic Center- Davidson, Absent:---deProsse_ Staff Brandt,-Neuhauser, -Pu h, gtolfus, Berlin, Nepp�-- members present: Hayek, 9 Mayor Czarnecki presiding. 2)-Functnal Classifica- Old Post Office Building, The Mayor announced discussioion of the following: League of Iowa Municipalities util- 1) tion of Highways, 3) ndl ity review, and 4).Landord-Tenant-_Ordinance. on Friday' at-1:00 P.P1• at Councilwoman Neuhauser announced a Joint Law En- forcement committee meeting er reminded .theDavisBuilding, and invited Councilmember- to for a review of the report. The P4ay until attend s meeting start Council that would not 1.30 P.M.raisal. Finance Director Joe Pugh stated that the apP had been done by the oration, and he presented of the old Po Office Building figured Iowa'-Appraisal and ReseaKabilrch t $47,000 to convert sheet. The rehabi$2S7t0001costs had been a summary Co., by. Burger Construction 154,000 for mechanical, to-offices, no elevator included; $ -The appraiser advised 'thaFo he `commercial' . and--$25,000-for exterior. approach highest and best use ].andof the lsalesasincome pP ._ a his comparison, r°duce the most income), nate of"11%, and comparable market data, (commercial office would P The appraiser's con- capitalization, the cost approach..230,0,00. but did not us ' elusion was 'ha' estimated market value tJaional Plan- nch, from Reg for Joint Law Enforce- Council discussed with -Jim LY b agencies if an ning, Possible =use of the building and cost for leasing y for -Ment building, Council also discussed the costs of office building costs per square foot per -y remodeling; leasing 75 for first floor and $3.00 the basement, $6n .;ta' $1.b0 for _ - private market, property _ if sold on P ex ansion; status of his- for-second floor; for City P value; central location toric building designation. cr Neal IIerli.n suggested that Council coal Gi.ty _Managc are headed with the Library, with two.thincJs, 1.) whore we stat-od and 2) use Cor'proP-rty if we bought nt•' Ho he would eisit`the school officials and Wit" United WaY concerning possibilities for leasing Page 2 Council Discussion May B, .1975 Mayor Czarnecki was in'favor 'of buying the Post Office, Councilman Brandt was not in favor, Councilwoman Davidsen was not -in -favor of purchasing at this time,' -:but wanted- to keep ,it in mind, Councilwoman Neuhauser was not in favor of purchase unless a possibility.for the Joint --Law Enforcement building:- She noted concern that alter- natives had not been explored regarding the Joint Law - Enforcement building. The Mayor_.stated that`Councilwoman deProsse had been in favor of the purchase. The City Manager asked for, Council reaction to the statement con cerning-the merit of City acquisition of the property so' that it isn't in competition_ with the Urban,Renewal project. _He noted that he would explore the space requirements_ for other agencies and the City. The Mayor directed the Staff to --talk to all the agencies concerning leasing and to investigate internal staff needs, and investigate purchase of the, land.Council discussed uses for the Old Library. The Mayor requested - the City Manager to contact General Services Agency, tell them our appraisal price, offer- to exchange appraisals, and 'after review,-- hen see where we go. Also to advise them that we are exploring possibilities for use. In answer the question if the City could buy the -- property, and then if plans didn't work out,'. if -they could sell it,`-City`Attorney John Hayek advised that it should be bought with no.strings;""attached. Councilwoman Davidsen pointed out that as of January 1st, the County and City were mandated to _review the functional ----classification of roads, to add neer residential streets_" and alleys, and file a new map to be used for calculations of Road Use Tax. Today they would review the changes worked out, as the public hearing ,would be held on`I•Iay 19th. -: The map shows how the roads are presently being used. '15% of 'the roads can.be classified as arterials and 20% can be classified as collectors. City Engineer George ,Bonnett explained the changes 'affecting streets. Old First'Avenue was changed to alignment; -streets the new<changed to,,arterials ,were Benton; and Seventh Capitol, between Burlington and Avenue. Streets designated as collectors were: Sheridan; Summit; Bourery, between_ Gilbert and Dodge and Governor and- Summit; -I•Iuscatine, between Burlington and J'efferson;- Glenc'al. F,etween Clapp and Seventh;%end Court, between First and Scott. { Changes to the Colletor system included; adding a new link, on Mt. Vernon' between -Washington and Rochester; Page 3 - Council Discussion May .8, 1975 _changing Washington, between Madison and Muscatine, from an arterial to a collector;_ adding Westgate, Southgate, Lakeside, Teg Drive, Taylor -Drive, -California, -Raven, _ north of Court, and _Sunset south of Bentontwhich -will eventually tie into highway fl, then it will become an arterial. Bonnett advised that we.:are now.`at 19:98 ofsarter arterials and commented that the legislature might reapportion the -Road -Use, Tax funds by using the arterialstreetmileage. He explained that Capitol was. changed because it had an underpass and that Wylde Green Road was not designated; it was designed for residential, and that link will change when Highway Al'3is redone in 1980. The major shift in,the 'County is that High- way 218 will not be a -freeway, as -1-380 will. Attorney, Hayek stated that he had met Faith Attorney Sueppel regarding the League of Iowa Municipalities utility review, and had been visited by representatives of Iowa - Illinois Gas & Electric Co. who are concerned and interested, but had nothing to report -as -yet. TheLeagueis exploring the idea. The Mayor asked that the item be placed on the pending list. Mayor Czarnecki explained that the Landlord -Tenant bill as distributed previously was the one 'the Bar Associa- tion,was pushing. Ile commented that it doesn't negate what the City was 'doing, was the firs" step in'the process. --The _City Manager noted he would check into the 'status of the bill: Concerning the status of the Library study and the -proposed plans, the City 'Manager _advised that the funding of the study was being referred to the FinanceDirector, - and depended on the flexibility; of ti:e year -end -balance, and noted that the -Council would have to make a decision on.priority as the funding would be out of phase if the Library was moved up. Regarding the Equipment Facility,:. he reported that the major change i- direction will be given to the consultant who -will-come >back `with a written Proposal which will deal with other basic problems, such - as operational, management and financing problems and where transit fits in. City Manager Neal Berlin gave an update on the UMTA' grant process, noting that the Secretary of Labor's assurance had not been received yet for review,- andadvisedthat we are waiting for a response from -the. Univercli.ty to. de.il with the- L•wo issucs,<=13C agreement and 'hold harmless'. Ile also advised that if Council receives phone calls VPage 3 Council Discussion -May 12, 1975- 975 in in which the original contract was negotiated, but it has. been deliberate and -discussed with Council, and he had no impression from the Council that they. wished to. =•- -have it -handled in any other manner.__ He noted that Council better hear specifics if there are '.Himmel covered - = -the communication;problems they observed. He noted that on April 9th,. as requested by_City "Staff, -they submitted a detailed proposal for changes, and received a -Tetter from`the..City Manager written on April 29th, advising them ;that a'decision had been reached thatthe City' did not want to talk about half of the ;problem:'- - The City Manager advised that Council had discussed the matter at informal -session 'on April 24th, and Finance 'Director Pugh added ,that on April 54th Staff had. met - with 'Old Capitol, at which time the April 9th letter was discussed. There are no records to substantiate = the November 7th meeting discussion._. Don Scatena asked if the Council(LPA);had authorized the City Manager, Neal Berlin, Richard Wollmershauser and Joe Pugh to -investigate -alternatives that are available under Old Capitol's -request, and was advised that they had been, but not until'O1d Capital had convinced Council to change the deadline date. It was explained that the onus was put back on Old' -Capitol's shoulders to present Council with `alternatives,`rather _than have the City Staff analyze all the possibilities, -..and -three Council - members had voted to stick with the date of -March 1, 1976. Himmel explained that they_did not have the informa- tion in this highly technical -field, that they needed ---to have the Finance Director to`work with 'them. The City-Manager'said that-Pugh's memo to council indicating the purpose of the meeting with -old Capitol or. -May 8th, was to-do just exactly :what Mr. -"Himmel has requested. Mayor Czarnecki commented that there -was -some lack of communication, because the Developer does not understand how the process should work, and a more open exchange between Developer -and Council could -be explored. He summed up the Council's observations -that majority -the says, 'you convince` Council why` -the March 1976 deadline should be changed, it isnot a.negotiable--item',,-and the Developer's observation -'is that they cannot 'do that with - ;out talking.with"Staff and getting information together for justification for a change -in -date. Attorney Hayek-- explained that the Dovelopors had been fnformr_d in FsbrV,,v of the need for information oninterestand:property tai -costs - i