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HomeMy WebLinkAbout1973-01-23 Council minutes• MINUTES OF A REGULAR COUNCIL MEETING JANUARY ,16, 1973 The City Council of Iowa City, Iowa, met in regular session on the 16th day of January, 1973 at 4:00 o'clock P.M. in the Council Chambers of the Civic Center. Members present: Brandt, Connell, Czarnecki. Absent:_ Hickerson,, White. Mayor Brandt presiding. It was moved by Connell and 'seconded by Czarnecki to con- sider'the amount read to be a full reading and to approve the minutes for the regular Council meeting of January 9, 1973, subject to correction. Motion carried. The Mayor announced the retirement of Irene Shalla, who has worked for the City since 1953 and presentedher with a, pin denoting the 20"years 'of meritorious service. It was moved by Connell and seconded by Czarnecki to adopt the Resolution of'Commendation. Upon roll call Brandt, Connell and Czarnecki voted 'aye', Hickerson and' :White absent. Motion carried. — Public Discussion: Bill Nerad, representing the Golden Age Club, inquired if the Council had made a''decision on their: request for parking. The Mayor'stated that it would be dis- cussed under Item, 20 later in the meeting. It was moved by Connell and seconded by Czarnecki to receive' the minute's of the Housing Commission meeting of December 13; Charter Committeemeeting of January 10; CATV Committee meeting of January 5;, Planning &;Zoning Commission meeting of January 11; and Regional Planning Commission meeting of December 20, 1972. Motion carried It was moved by Connell and seconded by Czarnecki_ to adopt the Resolution to 'Approve the Class C Beer & Liquor Control License application for RAB Inc. dba/The Pub, 330 E. Washington. Upon roll call Brandt, Connell and Czarnecki voted 'aye','Hick- erson and White absent. Motion carried. It was moved by Connell and seconded by Czarnecki that the: letter from Raymond Sloan, Jr., attorney representing Robert Johnsons, requesting two readings of ,the Ordinance vacating alley between 'Holt Ave. and Templin Road be received and filed'. Motion carried. It was moved by Connell and seconded by Czarnecki that the', letter from Robert Wright, Office for Planning & Programming, concerning area meeting on Community Development be received • and filed. Motion carried. ,; • COUNCIL MINUTES -2- JANUARY 16, 1973 • It was moved by Connell and seconded by Czarnecki that letter and petition from the the Calvin Knights and residents of Lee Street area, requesting that parking ar retained on Lee Street, be received andfiled, Motion carried; The Mayor stated: that an alternative bus route would be discussed when the parking report comes up for discussion. It was moved by Connell and seconded by Czarnecki that d Br ants, concurring with the position on the 'letter ,from Donal Y Lee stated in the petition. to retain 'parking on one side of Street, be received and filed. Motioncarried. The City Attorney gave the first reading of the Ordinance Vacating a Portion of Burlington Street. He also gave the first reading of the Ordinance Vacating the Alley, between Holt 'and Templin Road, Black's Park Addition. It was moved by Connell and seconded by Czarnecki to adopt the Resolution Granting Easement 'along the East side of the i _''University of Iowa. Water Plant on Davenport Street for the ' Upon roll call Connell, Czarnecki & Brandt voted 'aye', Hick- "erson'and White absent. Motion carried. Director of Public Works Ralph Speer explained the tapping • fee for the Arbor Drive Relief Sewer for property north of Court St. and on both sides of Scott Blvd. and recommended establishing a connectionlfee of $150.00 per ,acre. it was, moved by Connell and seconded by Czarnecki to adopt the Resolu- tion Establishing the Fee. Upon roll call Czarnecki,' Brandt, and Connell voted 'aye', Hickerson and White absent.' Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Resolution Accepting the Work for the Linn St./maiden Lane/ Gilbert Street Improvement Program, Division I, Metro Pavers, Inc., as recommended by the Staff. Upon roll call,Brandt, onnell & Czarnecki voted 'aye', Hickerson and White absent. Cotien carried. The Council discussed the condition of the railroad crossings. The City Attorney advised ,that he had filed suit and is arranging preliminary hearing. Director of Public Works Ralph Speer outthe 1973 Sanitary,Sewer Improvement Project #1, one 'sewer on Bjaysville Lane and, one 500" west Prairie du.Chien,Road, to be assessed owners; the sewer requested by property onwers &ed. to property l and second P nnel Co Johnson ,C o. Health Dept. It .was moved Engineer. by Czarnecki to adopt the Resolution Designating g Upon roll call White & Hickerson absent, Brandt, Connell and • Czarnecki voted 'aye'. Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Preliminary Resolution for Construction of Sanitary Sewers. Upon roll call Brandt, y J I �yT -3 CUUNCIL MINUTES • JANUARY 16, 1973 Connell & Czarnecki voted 'aye', Hickerson and White absent. Motion carried. It was moved by Connell and seconded by Czar- necki to adopt the Resolution Fixing Value of Lots. Upon roll call Connell, Czarnecki and Brandt voted '''aye',Hickerson and White absent. Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Resolution Adopting Preliminary Assessment Plat & Schedule. Upon roll call Czarnecki, Brandt and Connell voted 'aye', Hickerson and White absent. Motion carried. It was moved, by Connell and seconded lby,Czarnecki to adopt the Resolution Setting Public Hearing on Resolution of 'Necessity for February`, 6, 1973. Upon roll call Hickerson and White 'absent, Brandt,` Connell and Czarnecki voted 'aye Motion carried. DirectorofPublic Works Ralph Speer outlined the William White Blvd'.IStorm Sewer Project, and discussed; alternatives. lie recommended setting public hearing to get citizen-imput.'. It was moved, by Connell and seconded by Czarnecki to adopt the Resolution' Designating Engineer. Upon roll call 'White and Hickerson absent, Brandt,:Connell and Czarnecki voted 'aye'. Motion carried. It was moved by Czarnecki and seconded by Connell to adopt the Preliminary Resolution for Construction of the Storm Sewer. Upon roll call Brandt, Connell and Czar- necki voted 'aye', Hickerson and white absent. Motion carried. • It was moved by Czarnecki and seconded by Connell to adopt the Resolution Fixing ,Value of Lots. Upon roll call Connell, Brandt and Czarnecki voted 'aye', Hickerson and White'ab.sent. Motion carried. It was moved by Czarnecki and seconded by Connelltoadopt the Resolution Adopting the Preliminary Plan and Schedule. Upon roll call Czarnecki; Brandt and Connell voted 'aye', Hickerson & White absent. Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Resolution Setting Public Hearing on Resolution of, Necessity for February 6, 1973. Upon roll, call Hickerson & White absent, Brandt, Connell and Czarnecki voted 'aye'. Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Resolution Approving Contract Amendments for, the Business Relocation Mall, City-University Project Iowa R-14 for Park Fair,':Inc.; an extension of time for completion, addition of $10,205:for alterations and reduction of $471. for less work in one 'unit. Upon roll call White and Hickerson' absent, Brandt; Connell and Czarnecki voted 'aye'. Motion carried. It was moved by Connell and seconded ,by Czarnecki to adopt the Resolution Accepting the Work on the South Riverside Dr. Sanitary Sewer & Lift Station Expansion Project by Dave Schmitt Const.. Co,, as recommended by the Staff, & Directing the Engineer r to Prepare Final Assessments. Upon roll call Brandt, Connell' and Czarnecki voted 'aye', Hickerson and 'White absent. Motion carried. -4- • COUNCIL MINUTES JANUARY '16, 1973 It was moved by Connell and seconded by Czarnecki to adopt the Resolution Adopting & Levying the Final Schedule of Assess- ments & Providing for the Payment Thereof for the South River- side Drive Sanitary Sewer & Lift Station Expansion Project, as recommended by the Staff. Upon roll call Connell, Czarnecki & Brandt voted 'aye',, "Hickerson and White absent. Motion carried. City Attorney; Hay Honohan requested that a public hearing on disposal of certain parcels of land be reset for February 6, 1973.It was moved by Connell and seconded by Czarnecki to set the public hearing on disposal of certain parcels of land 'on February 6, 1973, at 4 PDL Motion carried. The,Planning & Zoning Commission recommended approval of the proposed Ordinance on Zoning' for Newly 'Annexed Lands. The City Attorney advised that 'he could have the change they recom- mended incorporated in the Ordinance and recommended setting the public'` hearing. 'It was moved by Connell and seconded by Czarnecki to set a public hearing on the Ordinance, as amended, :on February 13, 1973 at 4 P.M. Motion' carried. Concerning the report from Planning & Zoning Commission. on the 'proposal to rezone a land parcel at the NW corner of • Dover Street & Bradford Drive, some members of the',Planning & Zoning Comm. met with members of the Housing Comm. and the 'Council at the 'informal noon session for discussion. -Special Use Category within the Zoning Ordinance was also discussed. The Council discussed the request from the Golden Age Club for'free parking at the Recreation Center, and decided to rescind Resolution #771. The Mayor announced that the members would have free parking, the,City Manager presenting:one pro- posal and the Mayor presenting another. The Mayor 'appointed Roberta Jacobs and Linda Dole to three year terms on the Johnson Co'. Regional Planning Commission. It was moved by Connell and seconded by Czarnecki that the Mayor's appointments be approved. Motion carried. The, Mayor proclaimed the week of January 21-27 as Jaycee Week and January 21, 1973 as World Religion Day. The City Manager Ray Wells requested authorization for the City Attorney to negotiate a lease for the Hotel adjacent to the Civic Center to be used for housing the Urban Renewal offices, necessitated by, future demolition of their present` building. It was moved by Connell and seconded by Czarnecki that the City • Manager and the City Atty. be authorized to negotiate and accept a lease for this property to be used for Urban Renewal Office. Motion carried.' -5- COUNCIL UMC Z L MIND TE S • JANUARY 16, 1973 Councilman Czarnecki questioned when the Noise Ordinance would be again discussed. The Mayor referred to the list of priority items discussed at the informal meeting. The Mayor requested that the City Attorney's report and recommendation concerning the Parking Ramp Bond Ruling by the Court be deferred for discussion when all the Councilmen could be present. Councilconcurred'. City Attorney Jay Honohan discussed the delay in the storm sewer project on Brookside Dr. It was moved by Czarnecki and seconded by Connell to defer the executive session to 'consider fair ;market value for parcels in the Urban Renewal Acrea until the next meeting. Motion carried. Public Discussion: Linda Fisher, 941 S. Van Buren, appeared concerning bus schedules not being kept, suggesting more buses acquired to fill i be 'n for breakdowns and more mechanics to keep up with repairs. The City Manager commented on the problems. It:was moved by Connell and, seconded by Czarnecki that the meeting be adjourned. Motion carried: • • INFORMAL COUNCIL DISCUSSION January 16, L973 The Iowa City Council met in informal session at 12:30 o'clock P.M. on, Tuesday, January 16, 1973 in the Conference Room at 'the Civic Center. Councilmen present were: 'Brandt, Connelly Czarnecki and Nickerson. Absent: White. Others' present: Wells, Honohan, Stolfus, Kraft, Seydel, Klaus, Pugh, Palmer, Whitted. The meeting was set for discussion of housing for the elderly with representatives from the Housing Commission and the Planning & Zoning,, Commission. P&Z'members 'present: Davidson, Henry., Housing Comm. members present: Stier, Frimml, Hamer, White, Duncan. Mayor Brandt asked for discussion on the application, criteria, feasibility of downtown site, effect of, the President's freeze. Director of Community. Development Dennis' Kraft presented a memo on housing in the Central Business District. He outlined the previous studies, applica- tions,,'& action taken'. Councilman Czarnecki requested explanation of the financial arrangement between developer, City'&subsidy by;the ,govern- ment. Housing Coordinator Lyle''Seydel explained the leasine'agreements. The Mayor stated that previously when discussing the housing proposal, it was the concensus of the Council not to remove property from the tax rolls. The`Leasing 23 program keeps the land on the tax rolls. The City I• Manager advised that the general national trend is toward elimination of non-taxable 'properties.', Dennis Kraft explained the conditional or;special 'use permit concept, that elderly housing could be allowed in a certain zone provided certain findings were made; location not adversely affecting',property values, on public health, safety, ,appearance; general prosperity',ot area. The City Attorney explained previous policy, since;declared illegal. by the Supreme Court of Iowa, and present policy wherein we set out requirements and zones limited to,' as 'for hospitals, mobile home courts, & high-rise apart- ments. In ,answer to Councilman Hickerson's request for P&Z members personal reaction, Penny Davidson responded that the Commission was not aware of the 'specifics 'for leasing programs, and had not had time to 'digest the total problem or the sites, or the legal problems; all information verbal.. Lyall Henry stated altho-there could, be problems' with special designations, they would review, and also cited lack of written Staff presentation as'' a problem. The Mayor indicated that he was still concerned over housing on the Peripheral, & if we had exhausted all resources for the decision against a Central Business District site. Discussion followed, & the need for additional programs later was mentioned. James Stier advised that by '• using the point system formula, the Bradt,rd/Dover'site rated highest, even over urban renewal site. The City Manager commeited that frustration over housing problems was country -wide, and reminded the Council that concerning the sale of urban renewal land, the City makes up 25% of the • difference, between what 'we,pay and what we sell the land for, & cautioned the Council to plan carefully when talking about waiving of taxes. Councilman Hickerson responded that the question was, what can the City and the Housing Commission do to lay the ground work for a next project consistent wi.th everything that has been said. Councilman Czarnecki asked why the Council didn't go under the other assumption,!that no money was coming --period. As alternatives besides the revenue sharing money and Public 23. Housing, he suggest- ed fraternity or sorority houses that, are on the market.He asked for more information on what the elderly pay for housing now, what subsidy we give & what social security counts'. Lyle Seydel responded thatrsocial security is counted as income, some elderly pay as low as $8, some as high as $64; an efficiency apartment averages $29. for housing recipients, average cost to Clic City, $85; a one -bedroom averages $32. for recipient, $109. for City. Dennis Kraft proposed another option could be a real not-for-profit corpor- aCion,' such as a church 'organization, .that is willing, to amortize the building out over a period of 35 to 40 years, and go into it with the idea of not making a profit but to really provide housing. Councilman' Connell commented that lie would like to have the Bradford/Dover site investigated. Councilman Czarnecki suggested that the City 'could lget into the real estate business by buying properties proposed in the Flood Plain Ordinance. "Dennis Kraft commented that concerning fraternity buildings, they are on the 'tax roils. James Stier proposed that a possible site be picked out, material be sent to prospective developers, send out rent, subsidies, then pick out a developer for • Clio project, submit the proposal and wait for approval, if and when anything opens up. ,Councilman Hickerson agreed that this made sense, as an interim step. ,'Councilman Czarnecki stated he, had no objection to the Bradford/Dover site but was opposed to the 'American -Legion/Willow site, and also after following up on Mr. Stier's proposal, to pursue alternatives -revenue sharing bit, & he had no 'hang up about taking property off tax rolls, or using property already off tax rolls such as Univ: or church property. Answering the question about tile Jefferson Hotel, the Attorney said that the first two floors are taxed, the others are not. The Mayor stated that the Council would await Planning & Zoning Commission's decision. Discussion' followed on which item P&Z was to ..report on. The decision was that P&7 should make a report concerning special use permit. Mayor Brandt announced his list establishing priorities for discussion of items at informal sessions as l) New concept of Urban Renewal, 2) Park and Recreation Fees, 3)Capitol Improvement Program, 4) Revenue Sharing, 5) EEOC, or whenever we hear from Kansas City, 6) Parking Report, 7) Street Parking Rumoval (bus routes, bicycles) 8) Joint Facility -County Board,' 9)' Annexation Ord., 10) Building Code. Councilman Czarnecki questioned annexation provision on voluntary, & if Home Rule changed involuntary procedure. The City Attorney explained voluntary procedure and that Home Rule will change involuntary procedures. The Mayor announced that Hickerson and White would be absent from the 4:00 meeting, and requested that concerning the District Court ruling, all members of the Council be present for discussion & wanted to defer it to the next meeting. Council '&'Attorney concurred. INFORMAL COUNCIL DISCUSSION JANUARY 23, 1973 The Iowu' City Council met in informal session oc 1,2:30 o'clock P.H. on Tuesday, January 23, 1973 in the Conference Room at the Civic Center. Councilmen present were, Brandt, Connell, Czarnecki, Uickerono and White. Absent: None. Others present: Klaus, Hayek, Bowers, Uouohuu, 0pecr, Kraft, Pugh, Ahhuct^ � The meeting was set for discussion of Urban Renewal. Before discussion ` started, Atty. John Hayek presented a picture toLoren Hickerson depicting. a scene from the First Alumni Tour to the Rose Bowl. � � � . City Manager Day Wells commented that a periodical report was made to � the Council to keep them informed of the progress in Urban Renewal. Mayor � � Brandtreported on the meeting i� nCbiva&o of sLaff and developers, the � general conclusion was that the city should get out of the development � business. He also stated that the new concept was being accepted by the downtown businessmen he had talked with. � � The Council discussed the timetable for o package; development of 13 � acres.or transition zone dependent on nature & extent of downtown .money; allcity meetiu&s.aud transactions are public record; u moratorium on � � individual site development; area south of Burlington; Council Bluffs and Sioux City plans; no large corporation with driving interest incommunity � � to serve as focal point; if package deal put together now, a year away � � fromstarting construction; biggest hurdle is appraisals; flexibility � � of plan;' 'need for plan change fromresidential bank to commercial; demolition contracts, city owned buildings; Breeze property; mass transit, accommodate Medical Center, major terminal underground. The second item discussed was the Building Code. DennisKraft, Director � of Cnuououity Development outlined the reasons why the workable program was not reoert1fi`d. To rectify this be off 'red two uptinos, adoption of the State Building Code Package o making amendments to the State Plumbing Code, An Atty. General's opinion has been asked for cnuc~oiu& city inspection of state � buildings, fees and permits involved. Council discussion included the following: � implications of city staff size; HUD preference,' adopt State Building Code; � �State Building Code Official &SCote 'Building Code Committee, 7 persons � appoioted bythe Governor, one from Iona City in Earl Yoder; arguments for or against plastic pipe;,difference in cost between plaotic& copper pipe � ` inhome building, $400 to 8500,; Rumex vs conduit; if builders want the nbuoQe; if the use of plastic pipe is pointed out to the purchaser, (no); status of Jefferson Building, lot two floors are inspected; any recommendations from our 9lumbioQ:Doord? Mr. Kraft proposed to check with DDD to see if their requirements are metby the City's adoption of the Uniform oid&, Code in its ' entirety, &tn check if there is any conflict with the State Code. Mc. Bowers was directed to get i ut from our Plumbing Board, before the Council � makes u decision. � � • The City Attorney reported on the pa kin g r em P case and the additional io nal conclusions of Law., The League. of Municipalities is considering fiLing,a brief on behalf of the League in support of our position if we appeal. if the ruling is correct, Sioux City* Des Moines and Dubuque', parking ramps could be invalid too. Concerning revenue from the system paying a portion of street main- tenance from road use tax funds, all other cities do exactly as we do. All Ordinances agree also that revenue from the entire system pays for a facility. The League is 'concerned that only parking meter receipts, not sticker or gate revenue can, be used, most ramps are gate type. The Council then discussed the following: Previous bond issues, recom- based on Judge Vietor's mendations from bonding consultants and attornies a facility out the facility ruling on University case, that you must pay for en itself; implications if City does not appeal, anyone 'could challenge future Judges findings; meters -a traffic control issues; feasibility of following device not a revenue'device; Home Rule basis for financing revenue bond is entirely different; decision affects revenue bonding, that we have indirectly financed revenue bonds by road use tax money; effect of ruling if Home Rule Finance section is adopted, doesn't change opinion now given; time period - will ask Chief Justice for special assignment because of public question in- volved, decision could be June or July. Councilman White stated there were obviously some questions to be answer - clarification could be obtained by legislative ruling. ad, and felt that he appeal, our system provides for ultimate Councilman Hickerson supported t • decision at the State level.