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Home My WebLink About1977-01-18 Minutes NumberedCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JANUARY 18, 1977 7:30 P.M. Iowa City City Council, regular meeting, 1/18/77, at 7:30 P.M. Councilmembers present: Balmer, deProsse, Foster, Perret, Selzer. Absent:. Neuhauser, Vevera. Mayor Pro Tem deProsse presiding. Mayor Pro Tem deProsse proclaimed January 22, 1977, as Stop the B-1 Bomber Day and encouraged all residents of Iowa City to express concern over the level of military spending to President-elect Jimmy Carter. This proclamation was re- quested by Father Jack Smith. Councilman Balmer expressed concern that this proclamation should have been discussed by Council first; and furthermore, he'felt it was better to not get implicated in national issues. The Mayor Pro Tem also proclaimed the week of January 16 - 22, 1977, as Jaycee Week. R. D. Phipps, 825 Normandy Drive, appeared and questi on - ed the action'on the lawsuit against Dr. Hunter's apartment building on 132' N. Dodge St. concerning handicapped access i- bility. City Attorney Hayek explained that Council had not directed him not to pursue the lawsuit. After a short dis- cussion, Mayor Pro Tem deProsse asked that the matter not be discussed further. 73 Attorney Patric is Kamath, representing the group, Hang Willow Associate„ conveyed their concern on a 29 -unit apa rt- ment building being built at 902 N. DodcLeStreet, City Manag- er Berlin called attention to Assistant City Attorney Rvan's memo, available tonight. Others appearing with objections were: (o1nne Suter, 609 Brown; Jack Younct, Jr., 825 N. Dodge; h3 r� H[�caRar , 900 N. Dodge; Dyne Begley, 804 Ronalds. Letters of objectors were received from Bay Ackerson, 617 Brown St.; Glen & Iouise Pzulev, 624 N. Johnson St.; Charles & Anna May 1333 E. Davenport St.; Coletta Schlenk, 7.128 S. River- side Dr., Lot 111; Ellen Aycock, 604 Bowery St., Apt. 4; Xathl-ems n Sandstrom, 901 N. Dodge St.; Mr. and Mrs Joe_ e=ak, 912 Brown St.; Constance Merker, 831 N. Dodge St.; Beth Ap thorp, 530 Ronalds St.; Lynn & Suzanne Grulke. 1018 N. Governor St. linrace Amidon. C30 N. Dodge St.; E. David & JeanS. Cater, 314 Brown; Pam a & Derek Willard. 707 N. Dodge St.; Philip & rivl Bowser, 903 N. Dodge St.; John & Marsha Linder, 830 Ronalds St.; John Spence and Karn Spence, 905 N. Gilbert; Virginia Alexander 508 Brown St.; Harold & Dolorc^ Roger S, 717 Brown St.; Laurence & Mary Howsare, 900 N. Dodge; Corinne Su r, 609 Brown St_; Wayne Begley, 804 Ronalds St.; Albert J. S 11Cgk, 801 Brown, 1.uthi.era A. White, nn 820 Ronalds St.; Pamela & Stephen Saur, 619 N_ Johnson; Chris 7immermaand Ar one Pow l no adresses given. It was moved by Foster, neconded by Perret, to receive and file the correspondence submitted above. Motion carried, 5/0, with Neuhauser and Vevera absent. 7 s i .0 Page 2 Council Activities January 18, 1977 It was moved by Balmer, seconded by Perret, that the following agenda items & recommendations in the Consent Calendar be approved and/or adopted as amended: Approval of official actions of regular Council meeting of January 4, 1977, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Board of Adiu tm nt - 11/11/76 & 11/25/76; Planning & Zoning Comm. - 1/6/77; Committee on Community Needs - 1/12/77; Human Relations Comm. - 12/20/76. Permit Resolutions, as recorded in Resolution Book 38, as recommended by the City Clerk: Resolution :77-10 page 17, Approving Class B Beer Permit Application for Bushnell's Turtle, Inc., Clinton Street Mall. Resolu- tion #77-11. page 18, Approving Refund of Beer Permit to That Deli, 620 S. Dubuque. Motion to approve disbursements for the period of Septem- ber 1 - 30, 1976; in the amount of $869,555.64, and the November, 1976, Financial Summary, subject to audit, as recommended by the Finance Director. Correspondence: Chairperson of Toon City Asso.;at;on of Professional Fire Fighters requesting permission to hold annual benefit ball and to sell tickets, referred to City Manager's office for preparation of reply from Mayor. _ Mrs. David Funk regarding weeds and snow removal problems, referred to City Manager's office for reply. Affirmative roll call vote was unanimous, 5/0, with Neuhauser and Vevera absent. Council noted the recommendations from the Plannina & Zon- incr Commission to: (1) approve the preliminary plat of Pepper - wood Addition submitted by Midwest Development Company, (2) approve the preliminary plat of flawkeye Heights, (3) approve the preliminary plat of Makada Subdivision, (4) not approve the application to rezone a tract of land submitted by fly -Vee Food Stores, Inc., (5) adopt proposed ordinance repealing and amending Sec. 8.10.20F, 8.10.20G, and 8.10.32A of the Zoning Ordinance, (6) and to set a public hearing to consider adop- tion of a neighborhood redevelopment plan. _ It was moved by Foster, seconded by Perret, to set a pub- lic hearing on February 8, 1977, 7:30 P.M., on a proposed ordinance to amend the Zoninq Ordinance by revising the oro - carried, 4/1, with Selzer voting "no" and Neuhauser and Vevera absent. Pq N 9 Page 3 Council Activities January 18, 1977 A motion zeas made by Balmer, seconded by Foster, to set a public hearing on January 25, 1977, 7:30 P.L•i., to consider a neighborhood redevelopment plan to meet the requirements of Chapter 403 of the Code of Iowa as Community Development Block Grant activities are implemented. Motion carried, 5/0, with Neuhauser and Vevera absent. Council noted the recommendation from the Human Relations Commission to approve the newly revised Human Relations ordi- nance to update the coverage and procedures. 9� Mayor Pro Tem deProsse announced there is a vacancy on the Housing Commission for one unexpired term ending May 1, 1979. Council will, make the appointment to fill the position 9 3 on February 22, 1977. It was decided by Council to postpone filling the four vacancies on the Committee on Community Needs until all, Counci.lmembers were present. 9'y Councilman Perret reported that the yo ; v Committee and the Technical Committee of Johnson County P.egional Planning Commission met and heard the consultant's presentation ot-ne Area TransUor a -ion Study preliminary draft, Another meeting is scheduled for January 26th. Consideration of increased hospital traffic was not taken up in the study, but Scott Boule- vard was included. The information sent by Regional Planning Director Brandt did not answer Councilman Selzer's question concerning the destination of traffic coming North on Highway 1. 9S City Manager Neal Berlin advised that the Human Relations ordinance draft will be scheduled for discussion in February. 9& He asked if Council was interested in amending the ordinances concerning the use of barbed wire. There was a consensus that the barbed wire should be removed, and the City Manager and City Attorney consider alternatives, and come back with a recommenda- 97 tion. The City Manager called attention to Asst. Attorney Angela Ryan's memo of January 18th concerning rezoning of prop- erty at 902 North Dodge and building of a 29-upit apartment building. He summarized the conclusions: (1) it is possible that the Council did not have the necessary votes in 1967, (2) it is not clear if the rezoning was corrected by the readop- tion of the zoning map in 1974, and (3). it is the view of the legal staff that the parcels are contiguous under one ownership and the large scale residential development provisions apply. A remedy recommended is that the City would not issue a certifi- cate of occupancy unless the developers comply with the LSRD and.stormwater management requirements. Attorney Hayek, advised setting an informal discussion soon, but proceeding to require the LSRD submission. Attorney Patricia Eamath discussed the matter and the issuance of the building permit. There was a Page 4 Council Activities January 18, 1977 consensus of the Council that the City Manager call the devel opens, confirmed by letter, letting them know of the problem, and asking them to hold off so that the matter can be worked out reasonably. Council will meet at 1:00 P.M. on Monday to discuss the matter. 9 8 Public Hearing was held on the application submitted by Midwest Development Como any to rezone a tract of land located west of Taylor Drive and south of the K -,tart area from RIA to RIB. The City Manager pointed out that the staff recommended no action until the question of the drainage ditch was resolved. Mike Kammerer appeared for the developer and advised that an agreement is forthcoming. The exact location of the ditch will be shown on the preliminary plat. 99 Mayor Pro Tem dePro sse opened the public hearing to review the proposed Community Development projects funded with a fed- eral grant to Community Development Block Grant funds. City Manager Berlin explained the change in the allocations for de- creasing "Administration" by $41,806 and increasing "Ralston Creek" by that amount. Brad Meyers, representing P.U.S.H., indicated more funds would be needed for handicapped and elder- ly transportation. Jeff Haberer, from I.P.I.R.G., presented a proposal for a short-term demonstration recycling project which would cost $25,000. Jeannette Fulton, on behalf of the Camp Fire Girls, appeared concerning the Hickory Hill Shelter proj- ect. The Mayor Pro Tem informed her that this project would be funded out of last year's HCDA money. !Jayne Bealev, 804 Ronalds, expressed his approval of the purchase of additional land for Happy Hollow Park, but opposed using it for water detention purposes. City staff explained that the water de- tention was the purpose of buying the land, and that the City needs to comply with the Storm later Ordinance also. Nancy Seiberft Pject Green, suggested recycling leaves by means of a Municipal roComposting Program. Ira Bol.nick. Com- mittee on Community Needs, supported energy conservation and asked for an allocation of $50,000. He further expressed opposition to the five-minute limit for citizens to speak at the public hearing. And e, Flauer, Committee on Community Needsp appeared and urged Council to fund the Mayors Youth program again this year, and suggested that the Johnson County Associa- tion for Retarded be included in the housing rehabilitation program's funding by recycling the money. She further expressed her desire to have a portion of the Ralston Creek funds used for Old Brick and mentioned the possibility of hiring n part- time energy planner. Tne public hearing was closed. It was moved by Selzer, seconded by Foster, to receive and file the documents and statements, including letters from playne L. Paul- son and Adrian Anclernon, regarding Old Brick, and from the i 11 Page 5 Council Activities January 18, 1977 Chamber of Commerce approving the HCDA budget. Motion carried, 100 5/0, with Neuhauser and Vevera absent. Public Works Director Plastino opened the public hearing on the proposed Muscatine Avenue Road Construction Project with a slide presentation. He noted the criteria used by the Public Works Department to establish provisions for pedestrian safety.' Emilie Rubriaht, President of Robert Lucas P.T.A., appeared and spoke concerning the safety of children and reiterated their feelings for the necessity of caution lights, ridge reminders, and a sidewalk to Southlawn. Don Tvedte Principal of Lucas oho 1, also appeared concerning the sidewalk. Several Council members felt it would be reasonable to provide the sidewalk out of City funds. Others appearing concerning the safety of child- ren were �b Henderson, 920 Juniper Drive; Janett Drive; 921 Juniper Drive; Rosemary Friedrich, 2911 Eastwood Drive; Carol Steaink, 2 Bedford Court; and Diane Klaus, 909 Maplewood Lane. The public hearing was closed. It was moved by Selzer, seconded by Foster, to make the letter from Wayne Whitmarsh a part of the public hearing. Motion carried, 5/0, with Neuhauser and Vevera absent. It was moved by Foster, seconded by Balmer,' that the ORDI- NANCE ESTABLISHING THE MUNICIPAL CEMETERIES OF THE CITY OF IOWA CITY AS NONPERPETUAL CARE CEMETERIES AND AMENDING SECTION IV OF ORDINANCE NO. 2231 be considered and given second vote for passage. Affirmative roll call vote was unanimous, with Neu- hauser and Vevera absent. It was moved by Balmer, seconded by Foster, to adopt RESO- LUTION 177-12, as recorded in Resolution Book 38, pages 19-25, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE IOWA DEPART6JENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION IN THE MARKET/JEFFERSON SIGNALIZATION PROJECT. Affirmative roll call vote was unanimous, Neuhauser and Vevera absent. A motion was made by Selzer, seconded by Balmer, to adopt RESOLUTION #77-13, as recorded in Resolution Book 38, page 26, SETTING PUBLIC HEARING ON JANUARY 25, 1977, FOR THE PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE FURNISHING OF EQUIPMENT FOR THE JEFFERSON/MARKET SIGNALIZATION PROJECT. Affirmative roll call vote was unanimous, Neuhauser /0 and Vevera absent. Councilman Balmer moved, Councilman Foster seconded, to adopt RESOLUTION #77-14, as recorded in Resolution Book 38, page 7.7, AWARDING BID FOR POLICEWOMEN'S LOCKER ROOM FACILITIES to Durner Construction Company, Inc „ of Iowa City. Affirm, tive roll call vote was unanimous, Neuhauser and Vevera absent, 0A Page 6 Council Activities January 18, 1977 It was moved by Balmer, seconded by Selzer, to adjourn the meeting. Motion carried, 5/0, Neuhauser and Vevera ab- sent. (10:30 P.M.) MAYOR CITY CLERK Tape recorded on Reel r76-45