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Home My WebLink About1973-01-30 ResolutionRESOLUTION NO. 73-40 RESOLUTION 01: APPROVAL 01: CLASS "B" BEER PERMIT. BE IT RESOLVED BY T111: CITY COUNCIL OF IOIVA CITY, IOWA, that a Class "B" Beer permit application is hereby approved for the fol- lowing named person or persons at the following described locati ons: Things & Things & Things Inc. 130 S. Clinton 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, certificate of financial responsibility, surety bond and all other information or documents required to.the low a Beer and Liquor Control Department. It was moved by White and seconded by Hickerson that the Resolution as read be adopted, and upon roll calil there were AYES: NAYS: ABSENT: BrandL Connell x Czarnecki x I I I c k e r s o n x White Passed this 30 day of January 19 73 a. December_ 13;;1972 2.. Coordinator''s Report 3. Larry Waters and Jim Fisher 4. Old Business 5. New Business 6. Public Discussion of Items not on the Agenda 7. Next Regular Meeting A .TAnn n rv. 17_ 1Q77 17Z RESOLUTION 'NO. 73-41 WHEREAS, there has been constructed sanitary sewer facilities nom wn as the South Riverside Drive Lift Station, which sewer ' facilities do benefit property both inside and outside the city limits of Iowa City,Iowa. WHEREAS, both the benefited -area which has been assessed and the benefited area which has not been assessed are shown on the final assessment plat for the South Riverside Drive Sanitary Sewer and Lift Station Expansion as adopted by the City Council of Iowa City on January 16, 1973. WHEREAS, the ordinances of this city provide that when such sewer facilities are so constructed and have not been assessed, that the City Council shall proceed to divide or prorate the cost of such sewer facilities amongst the properties benefited thereby, and amongst theproperties abutting thereon, and -`the City Council having examined the various properties and having determined the cost of such sewer facilities find that 'there are certain properties which, are benefited but have not been assessed for the, facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that the cost of such sewer facilities are hereby divided or prorated: amongst the properties benefited thereby or abutting thereon as follows: All properties indicated on the adopted assessment plat for the stated project as being_ benefit ed but not assessed shall pay a tapping fee of $210.00 per acre at ;such time as they wish to be served either directly or indirectly by -the facility. BE IT FURTHER RESOLVED s_by,- the City Council of Iowa City, Iowa, that be ore any person, firm or corporation, owning any of the above described property shall tap or use such sewer facilities, they shall pay into the City Clerk's Office their allotted share of the cost of such sewers as set forth above. BE IT FURTHER RESOLVED that a copy of this resolution shall be certified to the City Engineerrs or Office who -shall determine that the assessments, cost has been paid for each; property before a permit is issued for the tapping or use of said sewer facilities. It Was moved by Hickerson and. seconded by - White that the Resolution as read e a opted and were: upon roll call there AYES: NAYS: ABSENT: Brandt X _ Connell x Czarnecki x Hickerson White x Passed and adopted this 30th day of January 1973. ATTEST: City Clerk RESOLUTION NO. 7-;-42 RESOLUTION PROHIBITING PARKING ON SOUTH SIDE OF WHITING AVENUE FROM KIMBALL AVE `100' WEST WHEREAS, the Ordinances of the City of Iowa city, Iowa, allow the City Council to prohibit parking by resolution on designated streets, and, WHEREAS, the City Council deems it in the public interest to prohibit parkingonthe south side of Whiting Avenue for a distance of L00 west of Kimball Avenue NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1) That parking is hereby prohibited on the south side of Whiting Avenue fooma distance of 100' west of Kimball Avenue --------------- 2) That the City Manager is hereby authorized and directed to cause appropriate "isigns,to be posted to effectuate the provisions of this Resolution. It was moved by white and 'seconded, by Hickerson that the 'Resolution as read be 'adopted, and upon roll call there were: AYES: MAYS: ABSENT: x Brandt x Connell Czarnecki x Hickerson x White Passed and approved this 30 day of January 19 73 y Mayor rl r ATTEST �� City Clrerk. RESOLUTION NO. 7,3 RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE SALE OF LAND FOR PRIVATE REDEVELOPMENT. WHEREAS:, THE CITY OF IOIVA CITY, IOWA, ACTING AS THE LOCAL PUBLIC AGENCY has entered into a contract for Loan and Grant with the United States iates of America for the implementation of an Urban Renewal Project known as Project Iowa R-14, and WHEREAS certain land purchased by the Local Public Agency has been offered for sale for private redevelopment, and WHEREAS, bids were solicited for the purchase and redevelopment of Disposition Parcel 81-1 withih the Project Area, and WHEREAS, bids were opened on December 21, 1972, in Iowa City, Iowa, and, WHEREAS, the proposal received has been reviewed and received favorable comment from the Project Area Committee, the Design Review Board and the City Staff, and WHEREAS, the bid received meets all of the requirements set forth in the land marketing documents issued by the Local Public Agency,:, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOIVA, that 1. The Mayor is authorized horized oil or after February 13, 1973, to enter into a contract for the sale of land for private redevel opment with Nir.:George Nagle for the,sale and redevelopment of Disposition Parc6l,81-1,, in Project Iowa R-14, 2. Upon execution of said contract, the DiTector!of Urban Renewal is hereby directed to notify the federal Department housing and of I Urban Development that the sales agreement is fully executed. It was moved by Hirk,,son and seconded by czanleckL—that the Resolution as reaa Se ad6-p—ted) and upon roll--E—all there were: AYES: NAYS: ABSENT: X BRANDY X CONNELL CZARNECKI X Passed and approved this HICKERSON 11H IT E 30 day of January 1973. MAYOR' ATTEST: CITY CLERK 31V •b 7 29 S, CAPITO C A PITII L Ill 1111 A IN IOWA CITY, IOW5220 , S t I- U t 0 1 r L. P. Gas Appliances Delta SystTemsP HONE 319 338-2542 Phil9ds - Bulk Bottle Gas December 29, 1972 The Mayor The City Council Iowa City, Iowa 52240 Gentlemen: I request that the property described below be rezoned from Mi to M2. Commencing as a point of reference at the center of Section 24, Township 79 North, Range6 west Of the FifthlPrincipal Meridian, Iowa City, Johnson County, Iowa; thence South 89 481 201, West 505.12 feet to a Point (for Purposes of this description only, the North line of the Southwest quarter of saU Section 24 is assumed to bear. South 88 40, 0011 West); thence North 0 ill 401, West 1,191.20 feet to a point; thence Notherly 203.62 feet along a 300.0 foot radius curve concave Westerly to a point; thence North 0 lit 40" West 648.40 feet to a point; thence Northerly 124.90 feet along a 50.0 foot radius curve concave Easterly to a point of beginning of tract herein described;, thence Southerly along a 50.0 foot radius curve concave Easterly to a point; thence, South 0 111401, East 7.0 feet to a point; thence South 62 25' East 700 feet more orlessto a point of intersection with the railroad spur line; thence Northerly.290 feet more or less along the centerline of said spur line to a point of inter- section with the Southwesterly right-of-way line of the Chicago, Rock Island & Pacific Railroad; thence Westerly along the Southerly right-of-way line of said Railroad to a point bearing North 0 111401, West from the point of beginning;,thence South 0 11,401, East 116.8 feet to Point of beginning, and containing 3 acres more or less. Sin P. S. This lis an approximate 3 acre parcel lying east of Carl's Cartage owned by Business Development Inc. JEC2 91972- ABDIE STOLFUS CITY CLERK " Parcel 84-6 1 • 15-17 E. Washington St. Owner: lice Dykes To: File =-or..' Real Estate Coordinator Subject: Appraisal review setting Fair Market Value Althou.ah the; two appraisalsare only 10 off in.their final eszi to o£ value on this property the many details and smaller side issues made it a most difficult parcel to review. To start with, many items included in the Dix immovable fixture inventory Iwere included in the real estate appraisal. 1t was necessary to meet with Mrs. Dykes and Mr. ;Staci',and go over the fixture list to ascertain which it ns were-Staci's and w'r.ich items Airs. Dykes',had-installed and were to be considered' part of tine real estate. Straightening out this one, issue alone-.. reduces our offer by ',$24,000.00: - Tho second issue to be resolved was that 'the anDraisers annraised the building as being a sound structure when in £act'it was not. The; =.fount necessary to put the building in good repair them rust be subtracted from their final estimate o£ value-'. " Shive-' cattery and Associates of loth City, Civil and Structural Eng=veers .ere:hired t0..examine ..the ..building and 'their reconstruction esti-,..:. mates totaled $17,',000.00. This amount was then subtracted from tho appraisers final estimate of value. - hi_d issue was that one appraiser said that the Varsity .:_o,...o_l s had'. less than a year left on their., lease. so' no leasehold -,as considered. The other aropraiser said the Varsity Cleaners 2S months left on their` lease' and an $8,000.00 leasehold :rarest. :1n examination of the Varsity Clearers lease sho`ids irroaly 21'tonths remaining on the lease, refigured'to a lease- :.c intarast o£ $6,000.00. ' our th issue to be resolved was that one appraiser gave Henry's sing Co. a leasehold interest of $46j000.00 and the other paged it at $23,000.00. :.;0 aot:rce of the difference in the estimate of leasehold ir. <! Ss i:enry's Lea sing Co. has a 10 year lease with :s. yi:es aid two five year options. One appraiser in essence Eon:-y's leasehold interest should then be for 20 years. c oti:cr a•;praise. in o££oct says the leasehold interest shcuid ro• 7-0 years and puts doubt on whether or not the two 5 year ions would be exercised. The reason he gives for the options going _.,N -on up is as �ollours: Henry's' Leasing Co.'s lease Y. s. Dy.,:os calls for a base rent of $800.00 per month rlus •` u Sol rf A..s. Dykes remodeling costs. Since the remodeling cost l5C.15 the base rent became $17,712.41 per ,year plus an Parcel 54-6 -2- additional 5t rent for any sales exceeding $192,000 annually. At the end of 10 years the option calls for a rent of $10,560 plus an additional S$ of all sales over $211,000.00. As can be seen, t:^.ere is a sizeable rent reduction after 10 years. This is because the improvements firs. Dy'.ces put•, in will be raid for and presumeably depreciated U. Fast food establishments have a great deal of design or decor obsolescence and will therefore need to be remodeled at the .and Of 10. years to remain competitive'. Staci Incoruorated rents from Henry's Leasing Co. and pays a base rent of $21,150.15 per year -0 7% of annual sales in,e::cess of $192,000.00. The difference in the rent that Henry's Leasing Co. collects from'Staci and'pays to Airs. Dykes is the basis for Henry's leasehold interest. At the end of the initlal:10. year period Staci's lease with' Henry's calls for no rent reduction s0 he would be faced with vaying an extremely 'nigh rent and using obsolete equipment. The cost of remodeling would"also fall on Staci and it is; very doubtful that, he would bear the cost of this remodeling plus haying the high :err. Another factor in that would. keen.Staci;fTom renewing ,his lease is inflation. using some imaginary figures and very possible annual inflation Yate of. 5o per year. If Staci p�ere doing an annual business o£',S20O.000.00 and using the annual- inflation nnualinflation ,rate, , in ten :years, doing e\actly the same Volume Of business he is now doing, hissales would be $327,167:00. This iould increase his rent by.$S,900,00 per'year'. The effect tiaould a." SU Cl- .CGuld not afford t0- remain in business and i':. 1s vary doubtful that helwould take'up his additional two 5 year o�•.._ons. A•':::OTOIore feel- that 1t. 1s not .reasonable t0 figure Henry's csehold 2dvantage beyond'the.first 10 year lease. 'Refiguring 1 O:1.Sc:.:u1�! ;::t�.,35t using 79 mon thS TCZ?2lnino Gn the lease! •;;tea -`of the S' months the appraiser used since he did',his •)�;_: ,.,, 1 -,as', Sa;Tl :er:,. We COTe up with'a leasehold interest of �:.2,+.0).00. Rounded to $22,000.00. ngroacl:es the titin a7praisers used to obtain their estimates �.ria�i:co7:�ldcrably but basically .both reports are proceelarally GCGogical .:l y cceptable. :arkct Value recommended: Alice Dykes $197,000:00' Honry's Loasing Co. 22,000.00 Varsity Cleaners TNAL Market Value �lns immovable fixtures: 6 000.00 225,000.00 Staci Inc.' Varsity Cleaners $1.;A,517.00 I? 01A.00 $?6,531.3 �1 ):odn�y Tt• Yurs;crr� , lws i• Oriner V.F.W. Post 1 Iowa. R. 14 Lot S:.ze: Same X jit- H.4B. Use ame��ix._ Appraiser: A IAR CO. i3 waters Date of .Appraisal 7-10-72 1-3-73 Total Value $ '268.531.00 $ 265.531.00 Land $20.00PS"r $120,000.00 $23.00 PSF $ 13S,000.00 Improvements $122:000.00 $.101,000.00 Total R.E. Appraisal $242,000.00 $ 2;9,000.00` Leasehold.Interest Henry's $ 23,000.00 $ 46,000.00 Roberts $ 8,000.00 $ 6,500.00'' Fixturesl'Staci-l. $_14,517.00 Varsity Cleaner- 2. $ 12,014.00 _ J,_ S Total Leased Fee $211,000:00 $186.500.00t Total Leasehold Interest $ 31,000.00 S 52,500.00r INCOME Actual Rent S $ Estimated Rent - $ 41,474.00 $ 37,500.00 Expenses $ 9,959.00 S 14,762.00 31,515.00' Ne 622, Return to Land=120,000@8v$ 9.600.00 S 22,73S.0O Return to Improvements 21,915.00 Caro: Rate is 9. 5 05 Value Today of Improvements $121.750.00 $239,000.00'` Total Value 242,000.00 `< MARKET DATA A B GA IM Comps. 1. #54 Lorenz, @ PSF 1.#30 08.99 PSF 2 #67 @ PSF 2.#33 @4.53 PSP 3. 570 Vine @ PSF 3.#39 @9.84 ?SF • PSF 6.3 Value $249;000:00 $236,000.00 P.eviewcr ,, Date JOHNSON COUNTY HEALTH DEPARTMENT COURT HOUSE IOWA CITY. IOWA 52240 PHONE 351.3085 January 23,1973 Mr. Ray Wells City Manager Civic Center Iowa City, Iowa 52240 Dear Ray: Following our discussion last Thursday concerning the sanitation levels of food service establishments in Iowa City, I asked David' Pedersen on our staff to prepare a statement as to current conditions in these establishments. The attached memo from Dave will give you some idea of the working levels of sanitation. The demerit level referred to in Mr. Pedersen's memo is in reference to the Public Health Service RecommendedOrdinance and Code Demerit System, which has been adopted by Johnson County. The food service establishments in Johnson County were surveyed in early 1969 at which time the average demerit level was forty (40). This is approximately the level that you could start to consider revocation of permits. .Prior to this time, the restaurant inspection program in 'Iowa City had, been conducted by the City itself. Two years later, in`1971,',when I came to this ,office I again surveyed the food service establishments and found that after two years under the new program the demerit score for all practical purposes was unchanged, with an average of approximately 40 demerits. The entire food service program was temporarily halted After re shuffling and retraining the staff, the food service program was again instituted and•has not been ;surveyed since that time. As you can see from the average demerit score of eleven (11) demerits now, as opposed to 40 two years ago, this program is prod results. " For all practical purposes, we find that survey scores are 'invariably he enforcement scores resulting higher than t g from routine inspection. g There are good and just, reasons for this and is to be expected. Normally we do not find that the survey scores exceed the enforcement scores by more than fifty percent. As you can see from the attached memo, there are some food service establishments which are significantly higher than we would like. All of these establishments have received written notice of the pending revocation and are scheduled for a reinspection by January 30th to determine compliance with our regulations. 'In addition, I should state • that this will be a joint inspection with the representative from the Iowa Department of Agriculture. • Mr. Ray Wells City Manager -2- January 23, 1973 I believe this is as clear and accurate'a picture as I can give you of the food service sanitation in Iowa City at this time. If the represent- atives of the Johnson County Health Council have some specific references to substandard sanitation levels in any of the restaurants in Iowa City I would be happy to talklto'them in order to correct such a situation. I concur with this committee in that I think a closer communication between the Board of Health and your office would be highly desirable. As per our discussion, I have asked our secretary to send you a formal notice of each joint meeting between the Board of Health and the Board of Supervisors in order to assist in, this communication problem. '`If ` this meeting time is not convenient, please give me a call and I am sure we will be able to work out some sort of arrangementthat will be acceptable to everyone. Sincerely, Lyle M. Fisher v Director • JOHNSON COUNTY HEALTH DEPARTMENT COURT HOUSE • IOWA CITY. IOWA 52240 ' PHONE 351.3085 January 19, 1973 MEMO TO: Lyle M. Fisher,Director FROM: David Pedersen, Sanitarian RE: 'Demerit Scores accumulated during restaurant inspections. Discussion: The 'scores resulting from my last round of food service establish - meet inspections were tabulated and averaged as per your directive. The results do not include the demerit scores of thos establish- ments which have ceased operations since my last inspection, nor do they include the demerit scores of food service establishments cur- rently under re -inspection status. At the present time, there are nine food service establishments that must pass a reinspection prior to issuance of a 1973 Johnson County Food Service Permit. Results: Eighty-two (82) inspection scores were tabulated, and the mean demerit score was 10.9 points. • to whom such an order is issued shall comply immediately therewith, but upon written petition to the health authority, shall be afforded a hearing as soon as possiblo. 8.3 Inspection of rood -Service and Food -Processing Establishments: At least once every 6 months, the health authority shall inspect each food -service and Food-processing ostablishment located in Johnson County, Iowa, and shall make as many additional inspections and ruinspections as are necessary for the enforcement of thi:; regulation. a. Access to Establishments: The health authority, after proper identi- fication, shall be permitted to enter, at any reasonable time, any foodm-service or food-processing establishment within Johnson County, Iowa', for the purpose of making inspections to determine compliance with this regulation. It shall be.permitted to examine the records of the establishment to obtain pertinent information pertaining to food:and supplies purchased, received, or used, and persons employed. b. Inspection Records; Demerit Values; Demerit Scores: Whenever the health authority makes an inspection of a food -service or food-process- 'ing establishment, it shall record its findings on an inspection report form provided for this purpose,.and shall furnish the original of such inspection report form to the owner or operator. Such form shall summarize the requirement of sections 2 through 7 of this regulation and shall set forth demerit point values for each such requirement, in accordance with PHS Form 4006, which is a part!of this section. Sections B through F inclusive of said form are identical sequentially v with 71 Sections 2,through inclusive of this regulation. Upon completion of an inspection, the health authority shall total the demerit point value for all requirements in violation, such total becoming the demerit score for the establishment. c. Issuance of Notices: Whenever the health authority, makes an inspection of a food -service or food-processing establishment:and discovers that any of the requirements of sections 2 through 7 of this regulation have been violated, it shall notify the owner or operator of such violations by means of an inspection report form or other written notice. In such notification, the health authority shall: (1) Set forth the specific violations found, together with the demerit score of the establishment. (2) Establish a specific and reasonable period of time for the correction of the violations found, in accordance with the following provisions: (a) When the demerit score of the establishment is 20 or less, all violations of 2 or 4 demerit points must be corrected by the time of the next routine inspection; or (b) When the demerit score of the establishment is more than 20 but not more than'40, all items of 2 or 4 demerit points must be corrected within a period of time not to exceed 30 days; or • (c) When one or more 6 demerit point items are in violation, regardless of demerit score, such items must be corrected with- in a period of time not to exceed 10 days. (d) When the demerit score of the establishment is more than 40,' service and sale of food from the establishment shall be dis- co ntinued, is- continued. (e) ln'the case of temporary establishments, violations must be corrected within a specified period of time not to exceed 24hours. (3) State that an opportunity for appeal from any notice or inspection findings will be provided if written request for a hearing is filed with the health authority within the period of time established in the notice for correction. d. Service of Notices: Notices provided for under this section shall be deemed to have been properly served when the original of the inspection ice has been delivered personally', to the owner report form or other not or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the copy otice shall be filed with the records of the health owner. A co of such, authority. 8.4 Examination and Condemnation of Food: Food may be examined or sampled by the health authority as often as may be necessary to determine freedom from adulteration or misbranding. The health authority may, upon written notice to the owner or person in.charge, place a hold order on any food which it'. determines or hair probable cause to believe to be unwholesome or otherwise adulterated, or, misbranded. Under a hold order, food shall be permitted to be suitably stored. It shall be; unlawful for any person to remove or alter a hold order, notice or tag placed on food by the health authority, and neither food nor the containers thereof shall be relabeled;' repacked, re- processed, altered, disposed of, or destroyed without the permission of the health authority,, except' on order by a court ofcompetent jurisdiction. After the owner or person in charge has had a hearing as provided for in Subsection 8.3 c.(3), and on the basis of evidence produced at such hearing, or on ,the basis of examination by the health authority, in the event a written request for a hearing is not received within.l0,days, the health authority may vacate the 'hold order,' or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions,of this regulation: Provided, That such order of the health authority to denature or destroy such food or bring it into compliance with the provisions of this regulation shall be stayed if the order is appealed to a court, of competent jurisdiction within 3 days`. 8.5 Food -Service Establishment outside Jurisdiction of the Health Authority: Food from food -service establishments outside the jurisdiction of the health authority may sold within Johnson County, Iowa, if such food -service es - authority of the regulation or tablishments'conform to the provto substantially xtent of compliance with such equivalent provisions. To determine the e provisions, the health' authority may accept reports from responsible author ities in other jurisdictions where such food -service establishments are • located. To: Environmental Concerns Committee Members • From: Jim Powers, Chairman', A special joint meeting of the Environmental Concerns Committee and the Retail Committee will be held Thursday, February lst at 8:00 a.m. in the Chamber of Commerce office in the Jefferson Building, The purpose of this meeting is to discuss the 'status of Iowa City's proposed sign ordinance, and determine the differences of opinion which have prohibited its passage and implementation. Brian Gutheinz, a landscape architect working with Community Planning, will give a presentation on the ordinance. We encourage your attendance as this meeting represents our committee's attemptto follow through with assistance and support for a proposal we recommended passage on almost two years ago. The regularly scheduled meeting of the Environmental Concerns Committee will take place at 8:30 a.m. on Monday, February 12th, Ken Olin, the County Director of the Soil Conservation Service will discuss with us the impaGt'of thecancellationof the federal RuralEnvironmental Assistance Program in Iowa, as well as the local efforts on such conservation projects as Kent Park and Ralston Creek, •