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Home My WebLink About1977-02-15 Minutes NumberedCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES FEBRUARY 15, 1977 7:30 P,M, Iowa City City Council, regular session, 2/15/77, at 7:30 P.M. at the Civic Center. Councilmembers present: Balmer, deProsse, Foster, Neuhauser, Selzer, Vevera. Perret arrived at 7:42 P.M. Mayor Neuhauser presiding. Corrine Suter, 609 Brown, appeared concerning questions she had in reference to a letter from Assistant City Attorney Ryan in connection with the 902 N_ Dodge St. rezoning matter. Council advised her to contact Asst. City Attorney Ryan for an interpretation of the letter.jyayna e� env_, 804 Ronalds, appeared concerning disclosure of information on the rezoning issue. Mayor Neuhauser indicated that, although some infor- mation discussed in executive session had been given to answer specific questions asked by citizens, Council would not be releasing all the information to the public due to the pend- ing litigation which was initiated today (Kempf, Albrecht, et al. vs. City). Councilwoman deProsse commented that Coun- cil was trying to address both issues involved which were: (1) the development's failure to comply with the Large Scale Residential Development and Stormwater Management Ordinance, and (2) the rezoning matter. Several Councilmembers suggested that Mr. Begley, and others interested, seek legal counsel and intervene if they were not satisfied with the information pro- vided. Mr. Begley said he apologized if misunderstandings hAsl occurred due to the way he expressed his views. Perrot ar- rived, 7.42 P.M. City Manager Berlin advised a stop work order had been issued on the construction, an injunction would be filed if construction began again, and City staff had refused to issue a permit for another building on the property. After City Attorney Hayek reviewed a petition filed 2/14/77 and deter- mined it was a request to rezone the 902 N. Dodge St. property back to R2, it was moved by Foster and seconded by Perrot to receive and place it on file. Motion carried unanimously, 3 7/0. After Councilman Foster withdrew his motion to refer the petition to the Planning and 'Zoning Commission, it was moved by Selzer, seconded by Foster, to refer the petition to the City Manager and Assistant City Attorney to determine its sufficiency. Motion carried unanimously, 7/0. Marshn Tinder, 030 Ronald s, apologized if a barrier had been created and re- lated the financial burden thnt some of the citizens involved had in paying their share of fees for their previous attorney. City Attorney Iiayek suggested that the Ilawkeye J.cgnl 9rrviccs could possibly be of some nssi^Once. Mayor Neuhauner ntated the City would be filing an answer to the Court petition with- in the next twenty days. 3�y Page 2 Council Activities February 1S-, 1977 L5 - Jeanne Smithfield, 422 Brown, appeared and expressed her opinion concerning the attitude and language used in discussing homosexuality in the proposed ftuman Relations Drd;nnn-e at the informal session yesterday. She asked Council to consider only the ordinance's merits. Council- man Balmer stated he had said homosexuals had the same rights as any other person except that they could not impose their standards on other people. He further stated that, in his opinion, the ordinance in its present form would set a dan- gerous precedent. Councilman Balmer apologized if he had offended anyone personally at yesterday's meeting. 3�S Rebecca Henderson, 611 Seventh Ave., appeared concern- ing the letter from the Iowa City Friends Meeting. Afayor Neuhauser indicated the letter would be received and filed ani at the public hearing on the Human Relations ordinance. Council discussed parking requirements for the new estab- lishment called Grand Daddy's and came to the conclusion it would have a sufficient amount of space. It was moved by Balmer, seconded by deProsse, that the following agenda items and recommendations in the Consent Calendar be approved and/ or adopted as amended: Approval of official actions, regular Council meeting, 2/1/77, subject to correction, as recommended by the City Clerk. Minutes of Boards & Commissions: 'Comprehensive Plan Coord. Comm. - 2/2/77;'Riverfront Comm. - 2/2/77;�Human Relations Comm. - 1/24/77 & 2/6/77;4Mayor's Youth Emplo ment Bd. - 1/24/77; 5 Planning and zoning Comm. - 2/3/77. Permit Resolutions, as recorded in Resolution Book 38, as recommended by the City Clerk: Resolution #77-42, page 75, Approving Class C Beer Permit application for 3.27. Sav-Mor Deep Rock Stationstore, 1104 S. Gilbert. Reso- lution 477-43, page 76, Approving Class C Beer Permit application for May's Drug Store #198, 1101 S. Riverside 3.23 Dr. Resolution #77-44, page 77, Approving Class C Beer Permit application for _Eagle Discount Supermarket #220, Z� 1101 S. Riverside Dr. Resolution #77-45, page 78, Ap- proving Class C Beer Permit application for Eagle Dis- count Sure•rmarY.et 0157, 600 N. Dodge St. Resolution 3ZS #77-4 6, page 79, Approving Class C higuor Control Li- cense application for Grand Daddy's of Iowa City, 505 3Z 6 E. Burlington. Resolution #771, page 80, Approving Class C Li uor Control L cense a-4pplication for The Se- 3 2 7 rendipity Pub, 1315 0 Highland Court. Resolution #77-48, Page 3 Council Activities February 1B, 1977 15 page 81, Approving Class C Liquor Control License appli- cation for Gilbert S t Tan, 1134 S. Gilbert St. Resolution ,477-49, page 82, Approving Ci.carette Permits. Resolution 477-50, page 83, Approving Dancing Permit for Grand Daddy's of Iowa City, 505 E. Burlington. Resolution #77-51, as recorded in page 84, setting public hearing on at 7:30 P.M. on the proposed plans, of contract, and estimated cost for Lighting Project_ Resolution Book 38, February 22, 1977, specifications, form the 1977 Tennis Court Motion to receive and file bylaws for the Board of Appeals. Correspondence: Linda Liskon, re development of City- wide recycling Program; and Iowa -Illinois Gas & Electric Co., re Clinton Street Mall, both referred to Public Works Dept. Lutheran Church of Christ the King and Betty) Kennedy re proposed human Relations Ordinance, both re- ferred to Human Relations Department. Ra stop Creek Coordinating Comm. Chairperson, re appreciation for Coun-_ cil's support. City Attorney Hayek, re proposed Human Relations Ordinance. Affirmative roll call vote was unanimous, 7/0, all Councilmem- bers present. ' Mayor Neuhauser officially announced the public hearing on the proposed plans, specifications, form of contract, and estimated cost for the 1977 Tennis Court Lighting Project would be held on February 22, 1977, at 7:30 P.M. at the Civic Center. Council noted the recommendation from the Riverfront Com- mission to to adopt the Flood Plain Management Ordinance, P ping alad Zoning Comm1aqjajjLV recommendations to anorove the- fina1 plat of Sturgis Corner Addition and the Preliminary and final plat of Tracy Lane Addition, and the Human Relation Com- mission's recommendations to change the name of the Human He- ns Ordinance &_Commission to Human Rights Ordinance & Com - and approve additional minor changes in the propose Pete Knapp, the developer of Lime Kiln Farm Estates, ap- peared concerning the final plat. It wits moved by deProsse, seconded by Foster, to amend the resolution by adding a sen- tence stating that "the Agreement attached to the Resolution is by this reference mado a part of the Resolution Approving Final Plat of Limo Kiln Estates." Motion carried unanimously, 7/0. Then Councilwoman deProsse moved, Councilman Selzer 331 Page 4 Council Activities February 1:8; 1977 0 seconded, to adopt Resolution 77-52, as recorded in Resolu- tion Book 38, pages B5-90, APPROVING ,F]NnT. PLa_T OF LIME KILN FARM ESTATES as amended. Affirmative roll call vote was unanimous, 7/0, with all Councilmembers present. 31// It was moved by Foster, seconded by Selzer, to set a public hearing on March 8. 1977, at 7:30 P. eptPJabnne�l�Elopus +445 Area Development for Village Green, Part 6, rio ion carie , 7/0. 3 y� Mayor Neuhauser summarized previous Council discussion concerning bicycle registration. Councilman Balmer was in- formed that an appointment would be made to the dousing Com- mission at the next Council meeting as he was concerned about the Commission not having a quorum to hold meetings. Mayor Neuhauser stated that buses were having problems getting around the corner of Grant' and Court Street. City Manager Berlin pointed out Council had passed a resolution last week to prohibit parking in that area. He will check into the matter to insure that proper signs are posted.. 3A/3 1 3q.5- Councilman Perret presented a memo and read a resolu- tion concerning regulation of beverage containers. It was moved by Perret, seconded by deProsse, to adopt Resolution 77-53 as recorded in Resolution Book 38, page 91, A RESO- LUTION BY THE IOWA CITY CITY COUNCIL SUPPORTING LEGISLATIVE ACTION IN THE IOWA GENERAL ASSEMBLY TO REGULATE THE USE OF BEVERAGE CONTAINERS IN THE STATE OF IOWA. Council discuss- ed the endorsement and effectiveness of this type of regula- tion in other states including the State of Oregon. ;Affirma- tive roll call vote was unanimous, 7/0, all Councilmembers present. Councilman Perret recommended copies of this Reso- lution be forwarded to Senator Doderer, Rep. Small, Rep Har- grave, the Clerks of the House and Senate, and the staff of y the League of Iowa Municipalities. �6 City Attorney Hayek explained two bills which are before the State Legislature. One of the proposed bills provides that the state, county, and other political subdivisions of the state must abide by a city's comprehensive zoning ordi- nance and seems to indicate that the University of Iowa would be required to comply. The other bill appeared to authorize the Board of Adjustment the power to grant a vari- ance if adjoining property owners and 753 of property owners located within 250 ft. of the property agree. Ile suggested that the Council's Legislative Committee review these hills and make recommendations. The City Attorney recommended that the Council should determine who would be handling the N. Dodge Street litigation tonight, possibly later in execu- tive session if they desired. Ile stated he wished not to 3y7 4 6 Page 5 Council Activities February 15, 1977 represent the City in the suit, but advised of two alterna- tives: (1) asking Assistant City Attorneys Ryan and Kushnir to handle it, or (2) seek outside counsel. 3 LAS Mayor Neuhauser opened the adjourned public hearing on the proposed ordinance to amend the Zoning Ordinance by out- lining the changes. Planning and Zoning ComnisG_;nn er Bob es en appeared and summarized their discussion at the meet- ing held last night. He stated that they came to the con- clusion that they wished to continue holding public hearings but felt the official notice of the public hearing was unnec- essary. The procedure of notifying the public of a proposed rezoning was discussed. Wayne Begley, 809 Ronalds, appeared and stated he was in favor of lengthening the time period in which to consider rezonings to 60 days. The public hearing �� 9 was declared closed. It was moved by Balmer, seconded by Selzer, to adopt RESOLUTION 4,77-54, as recorded in Resolution Book 38, page 92, APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDEN- TIAL DEVELOPMENT PLAN OF HOWARD JOHNSON'S MOTOR LODGE. Affirm- ative roll call vote was unanimous, 7/0, all Councilmembers present. 550 A motion was made by deProsse, seconded by Foster, to adopt RRSOLU TON 477-55, as recorded in Resolution Book 38, pages 93-98, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO CERTIFY AN AGREEMENT WITH THE CITY OF CORALVILLE, IOWA, concerning housing assistance payments. Roll call: Ayes: Perret, Selzer, Balmer, deProsse, Foster, Neuhauser. Nays: Vevera. Resolution adopted, 6/1. City Manager Berlin stated the agreement would be favorable to staff workload since the number of units available would be increased which would help alleviate the problem of locating individuals. City Atty. Hayek stated the hold -harmless portion of the agreement had been reviewed by the Legal Dept. Mayor Neuhauser. expressed appreciation on behalf of the Council tothe City of Coral-- ville for their cooperation in this matter. 351 It was moved by deProsse, seconded by Perrot, to adjourn the meeting to executive session to discuss litigation. Af- firmative roll call vote was unanimous, 7/0, all Councilmem15 - bers present. (8:55 P.M.) MAYOR CITY CLERK Tape recorded on Reel, 77-2 and 77-6 6 (C§'-Iy of go-wa COY DATE: February 11, 1977 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memorandum from Assistant City Attorney Attorney regarding Council salaries. 35 3 Copy of letter from City Manager to Johnson Coumty Board of Supervisors regarding financial arrangements bet,.-reen the City and Cotmty to be implemented when bond issue for joint laza enforcement center passes. 3S4i Copies,of replies to letters on recent Consent Calendars: a. Mr: John Kane 355 b.. Mr. Charles U. Kelly 356 c. Mr. Ira Bolnick 357 d. Mr. Thomas FI. Stormy 358 e. Mr. Robert Klaus 359 £. Mr. Dennis Chadwick 0 U0 Memoranda from Hunan Relations Commission staff regarding, proposed Hunan Relations Ordinance. 3G1 Letter from Alpha Chi Omega regarding -sidewalks on lVashington Street. 362 Letter from Steven Bianco regarding a conference entitled, "Public Sector Labor Relations for Governing Bodies." 3 6 3 Agenda for February 16 meeting of Riverfront Connission. u/ Monthly reports for the month of January for departments of Transit, Fire, Parks and Recreation. 3 LS Interagency Youth Newsletter. 'b&(0 Articles: a. Police, Fireman Pension cost is triple estimate. 367 b. Paper recycling saves landfill space. 365 c. Storrmaater management looks to natural drainage. 36`7 d. Meaningful Reorganization. 370