HomeMy WebLinkAbout1976-10-19 Minutes numberedCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
OCTOBER 19, 1976
7:30 P.M.
Iowa City City Council, regular session, 10/19/76,, 7:30 P.M.,
at the Civic Center. Present: deProsse, Neuhauser, Perret,
Selzer, Vevera. Foster arrived 8:05 P.M. Absent: Balmer.
Mayor Neuhauser presiding.
Pat Moore, local builder, appeared requesting information
as to why there had been a cut back onndjna residential
streets in Iowa City. Mayor Neuhauser indicated the cut back _
had been for financial reasons. Amy. Wm. MeardQn appeared
concerning the provision on the mnhi-le_hamP couri- anT ;.a ;on -
which allows City agents the right to search the premises and
seize evidence for, proof of violation of law. City Atty. Hayek—
stated
ayek_stated the Legal Dept. is in the process of correcting the appli-
cation at this time. Carl Chadek appeared and stated his rea-
sons for opposition of the tree ordinance. _
Mayor Neuhauser proclaimed 10/24/76 as United Nations Dam
Flo Beth Fhninc.Q_r,on behalf of the United Nations Assoc, of Iowa
City, expressed appreciation for this proclamation and'; outlined
activities scheduled for that week. __LS_!
It was moved by Selzer, seconded by Perret, that the follow-
ing agenda items and recommendations in the Consent Calendar be
approved and/or adopted as amended by the City Clerk:
Minutes of official actions, reg. Council mtg. of 10/5/26,
subject to correction, as recommended by the City Clerk,
Minutes of Housing Comm._- 9/1/erv. Comm -7i
8 6.
Permit Res., recorded in Res. Book 37, as rea. by :City
Clerk: Res. #76-379, page 505, approving C1E"ss2_E.LiQU0rr
License for Bart's Place, 826 S. Clinton. Res. 476-380..
page 506, approving Cigarette Permits. (7okrirnest- TJX t-
Cn1fAMf1N0'S j
Correspondence: Grace Knox, re aikiking violations, re-
ferred to Police Dept.; Elizabeth C. Donnan, re parking
ticket, referred to City Mgr.'s office; ,AttX,.i3m,_lHaardcih,_
repres. Bon Aire Mobile Home Ct., re application for per-.
mit, referred •to*Legal Dept.; Civil Serv. Comm., xe letter
of eligibility for Fire Dept. Fire Marshal, received &
filed.
Affirmative roll call vote was unanimous, 5/0, Balmer and, Fos-
ter absent.
Mayor Neuhauser announced the vacancy on the Bd, of Appeals
would be readvertised for thirty days due to the fact Council
had received only one application.
Page 2 Council Activities
October 19, 1976
It was moved by Perretd seconded bX deProsse, to. accept
Coralville°s appointment of Donn" a Eppley, 1006 - 19th Ave.
Coralville, to the RiverfrontCo��Il jcn,, for a three-year
term expiring Dec. 1, 1978. Foster absent.
Mayor Neuhauser requested that the City Atty. investigate
the status of the An i -T ,st B3_*�l and the Ban the Can Ordi-
nance. She noted the receipt of a fetter from the I wa fit.
of Transportation with information on the dates of hearing's
on the waterway user charge proposal concerning barges on
the Mississippi. City Mgr.. Berlin indicated the Legal Dept.
is drafting an QrAinanca to regulate taxi company operations.
City Mgr. Berlin requested Council to have an executive,
session following this meeting to discuss property and person-
nel items. Since the Legal Dept. and Council had not reviewed
the proposed contract for technical services for a citizen
participation process for theow ity Comprehensive, Plan
with Sasaki Associates Ing., Council came to the consensus to
defer the acceptance of this contract until next week.
Councilman Foster arrived 8:05 P.M.
It was moved by Perret, seconded by deProsse, to 'adopt
RESOLUTION ¥76-381, as recorded in Res. Book 37, page 507,
ESTABLISHING TRAFFIC CONTROL SIGNS on Madison _&Vlaqbington and
Madison & Jefferson. Roll call: Ayes: deProsse, Foster,
Neuhauser, Perret. Nays: Selzer, Vevera. Absent: Balmer.
Resolution adopted, 4/2. Police Chief Harvey Miller pointed
out his concerns.
Councilman Foster commended
the City Assessor for jobs well
in the Quad City Times.
the Johnson Co. Assessor and
done as stated by the article
The public hearing was held on the application submitted
by American College Testing Program Inc., to rezone a tract
of land from R1A to ORP. Senior Planner Don Schmeiser present-
ed the application and discussed the sewer capacity in the pro-
posed area. Mike Kammerer, from ShtvP-Hat{y and As,sociatQ�
representing ACT, appeared to explain their plans and the.rea-
sons ACT chose this area for their development. Council dis-
cussed the compatibility of the proposed rezoning with surround-
ing zones. Juanita Vetter, P & Z Commissioner, appeared to
review their decision. City Atty. Hayek; emphasized the import-
ance of a Comprehensive Plan. Public hearing was closed.
The.public hearing was held on the Planned Area Develop-
ment of Orchard Court. Senior Planner Schmeiser indicated this
development was complying with the storm water management ordi-
nance and all contingencies imposed by P & Z and staff,- had been
taken care of. P.& Z Commissioner Juanita Vetter appeared.
Public hearing was closed.
Page 3 Council Activities
October 19, 1976
A public hearing was held on the rezoning of,mA. Proapac�t,
Pt• TV • from RIA to RIB and R2 as submitted by Frantz Con-
struction o. Senior Planner Schmeiser and )lick Kratoska.,
Shive-Hatter. and Associates, discussed the --UL ar_V Se"r
capacity_and infiltration. Ben onat„ 1647 Hollywood Blvd.,
appeared and expressed concern over increases in traffic in L
his neighborhood. Public hearing was closed.
It was moved by deProsse, seconded by Vevera/to defer he
ORDINANCE AMENDING ORD. NO: 2238 BY CHANGING THE USE REGULA-
TIONS OF COURT HILL - SCOTT BLVD. ADD. #5 FROM R1A .AND R3A
TO R1A AND R3A ZONES for one week.
cilman Balmer absent. Motion carried, 6/0. Coun- .i
Mayor Neuhauser declared a five minute recess.
It was noted the Oct. 15 memo presented by staff concern-
ing Chapter 8.10.40.4.C, was to amend the section to read as y
follows: "8.10.,40.4.C. Except when the alterations to the -
principal structure do not increase the floor area by more
than 10 percent or provided that there is no change in the
use of the principal structure." �; gty. Hayek t,xpressed
concern over the legality of requiring expenditures of money
on private property for public purposes, noting in the Courts, ;;
the principal of "reasonableness" would be considered and sug-
gested loosening of the strictness as staff recommends. Obser-
vations made by Council included, (1) downtown businesses are
not affected, (2.) requirement for appropriate number of park-
ing spaces should be taken up in the zoning ord. j
It was moved by Perret, seconded by deProsse, to�amend
Chapter 8.10.40.4.C. by using the proposed staff amendment„
striking the 10% and substituting" 25% of the assessed value of
the principle structure." Atty. Robert: Downer appeared and
explained operational problems caused by use of word., "assess-
ed," and urged its deletion. City Atty. Hayek agreed, and
after the City Mgr. stated that this whole concept would be
unworkable, suggested adding a sentence, "The City Assesso;r's
evaluation of the property shall be presumptive evidence of
the value." This would give the building official a rule of
thumb to go by. Al Streb and pat Mc)oscoffered observations.
Roll call vote on motion to amend: Ayes: deProsse, Perret.
Nays: Foster, Neuhauser, Selzer, Vevera. Motion failed, 2/4. _
It was moved by Foster, seconded by Selzer, to delete
Chapter 8.10.40.4.C. and substitute the staff language (see
4th paragraph, 1st sentence). Upon unanimous roll call vote,
motion was adopted, 6/0, Balmer absent.
0 0
Page 4 Counc:il Activities,
October 19, 1976
It was moved by Selzer, seconded by Foster, to delete in
Chapter 8.10.40.7. General Provisions, the words "the,provi-
sions of this section shall apply to any structure, drive or
parking area, and" and add the remaining words "shall supple-
ment the tree planting requirements of Chapter 3.38, Forestry
of the Iowa City Code" to Chapter 8.10.40.5. following the
words "City of Iowa City." Motion adopted, 4/2, deProsse acid
Ferret voting "no".
It was moved by Foster; seconded by Perret, that the ORDI-
NANCE AMENDING ORD. NO. 2238,, THE ZONING'ORDINANCE OF IOWA
CITY, IOWA, BY ESTABLISHING REGULATIONS FOR THE PLANTING OP
TREES WITHIN IOWA CITY, IOWA„ BY ESTABLISIlING SECTION 8.10.40.
be considered and given first vote for passage. Roll call:
Ayes: Perret, deProsse, Foster,, Neuhauser. Nays: Selzer,
Vevera. First consideration given, 4/2, Balmer absent.
it was moved by Foster, seconded by Perret, that the ORDI-
NANCE AMENDING ORD. NO. 8584, THE FORESTRY ORDINANCEOF IOWA
CITY, IOWA, BY REPEALING SECTIONS 3.3,8..8.A. and 3.38.11.A(3)
OF THE FORESTRY ORDINANCE AND ESTABLISHING NEW SECTIONS IN
LIEU THEREOF be considered and given second vote for passage..
Roll call: Ayes: deProsse, Foster{ Neuhauser, Perret. Nays:
Selzer, Vevera. Second consideration given, 4/2, Balmer absent.
it was moved by deProsse, seconded by Perret, that the
ORDINANCE ESTABLISHING ADDITIONAL POWERS FOR THE BOARD OF AD-
JUSTMENT be considered and given second vote for passage. Roll
call: Ayes: Vevera, deProsse, Foster, Neuhauser, Perret.
Nays: Selzer. Second consideration given, 4/2, Balmer absopt_
Irl
It was moved by Foster, seconded by Selzer, to adopt RESO-
LUTION #76-382, as recorded in Res. Book 37, pages 508, AMEND-
ING RESOLUTION #76-238, PERSONNEL RULES AND REGULATIONS (proba-
tionary ppriods
rroba--
tionarOperiods for employees). Affirmative roll call vote
was unanimous, Councilman Balmer was absent.
It was moved by Selzer, seconded by Perret, to adopt RESO-
LUTION #76-383, as recorded in Res. Book 37, pages 5019-514,
AUTHORIZING THE MAYOR TO EXECUTE AN .AGREEMENT WITH SIi;IVE-HATTERY
AND ASSOCIATES FOR BRIDGE ANALYSIS. Affirmative roll call vote
was unanimous, Councilman Balmer was absent. —
It was moved by Perret, seconded by Vevera, to defer action
on authorizing the staff to prosecute Dean Oakes in the District
Court for housing violations at 938 Iowia Ave. Motion carried,
6/0, with Balmer absent. 1'
0 0
Page 5 Council Activities
October 19, 1976
It was moved by Perret, seconded, by Foster, to adjourn to
executive session for discussion to discuss the matter of the
investigation of the officers of the Iowa City Police Depart-
ment by Federal officials, specifically,the matter of pro-
vision of legal counsel for such officers as are under investi-
gation, if such occurs. This matter is one which is properly
the subject of an executive session, we believe, because it is
one for which exceptional reasons exist which are so compelling
as to override the general public policy in favor of public
meetings, and to discuss Purchase of property. Upon roll call
Neuhauser, Perret, Selzer, Vevera, deProsse, Foster, voted
"aye". Motion carried, 6/0, Balmer absent. (11:00 P.M.)
MAYOR
CITY CLERK
Tape recorded on reel $34
T
�yg
- We
AMR
DATE: October 1S, 1976
TO: City Council
FROM: City Manager
RE: Material in Friday's Packet
5,'emorandum from City Manager, City Attorney, and Director of Community Develo
regarding proposed tree planting ordinance. 1t31//
Copy of letter to Mayor of University Heights from the City Manager regarding
the pickup of leaves, /gH2
Memoranda from the Director of Public IVorks:
a. Scott Boulevard right -o£ -way along with map. /5y3
b. Handicapped units y y
C. Landfill Charges
Information on revenue potential of a local sales tax,
'•Ier, randun from Director of Human Relations Director regarding all expense paid
=rips.
Memorandum from Assistant City Attorney regarding Baker vs Citi of Ioira City.
Memorandw from Director of Community Development regarding Iowa Community
3etterment Program,
Memorandum from Assistant City Attorney regarding: Korshoj tis City of Iowa City
in Iowa District Court. /f 5.0
Copy of letter from City Attorney regarding jurisdiction over the University
of Iowa.
Letters written in response to correspondence on Consent Calendars-
a. Terry Jackson and Patti Monserud it
b. Dr. Adrian Hogben
Ms. S. Winifred Morgan r/
i
^AIS Program quarterly report.
September monthly reports for the Fire Department and Transits
Articles:
I
a. Nuts and Bolts >,a
b. Unique Realty Offering
c. Scott Assessor Ranked No. 1 1, r7
`•Linutes of Staff Meeting, October 5, 1976. trt�
Page 2
to -15-76
Letter to City Mgr. from Adrian & Anne Hogben re tornado siren location. 1
Copy of letter to Bd. of Education, I.C. Comm. School Dist., from t-`�b;k
Adrian $ Anne Hogben re tornado siren location.
Memo from Julie Vann, Red. Spec., to City Mgr. re CCD] upcoming 11363
WSUI radio shows.
Petition - Courtcrest, Inc. vs. City of Iowa City, re rezoning. �"44'44
City 01 9m a�a cily
TO: City Council DATE: October 15, 1976
FROM: City Manager
RE: Material in Friday's Packet
!•femorandum from City xLinager, City Attorneyan
,
regarding Proposed tree plan ng ordinance, id Director of Coy
Nnun:
Copy of letter to bttigY/
ayor of University Heights from the Cit r
the pickup of leaves.
i3</z Y A:�znager
'femoranda from the Director of Public i9or s:
a'Scott Boulevard right-of-way along ilith map. 7�Y3
b. Handicapped units
C.
Landfill Charges isyy
I8
information on revenue
Potential of a loca.t sales t
G yR
Memor from Director of H !MC F� w"
trips. uman Relations d° da
Director regarding alle.
Memorandum from Assistant Ci ' �y7. _ r erase Paha
City Attorney regarding l
!•fe.rorandum from Director of Cormnuni o raker us C3-ty of Jolla City.
3etterment Program, isy
ty D velopment regarding 0, Co1mminity
Memorandum from Assistant City Attorney rega:rdin
n Iowa District Court. g horshoj us City of Iowa City'
Coot' of letter from Crit X60
Y Attorney ^_f Iowa. y regarding jurisdiction overt e
h University -
Letters written in response to correspondence on Consent Calendars;
a. Te
b Drrry Jackson and Patti bionserud
Adrian Hogben �" w'
hl • S. Winifred Morgan / s;
R.1LS Program quarterly report.
eptembe2 monthly reports for the Fire Department and Transits
Articles:
a. Nuts and Bolts
b. Unique Realty
C. Scott AssessoRanked
Ratrked no.
Minutes of Staff Meeting, October 5, 1976.
Page 2
10-15-76
u
Letter to City Mgr. from Adrian $ Anne Hogben re tornado siren location, 186A
Copy of letter to Bd. of Education
Adrian , I,C. COMM. School Dist, frontFr Anne Flogben re tornado siren location. '
Memo from Julie Vann, Red. Spec., to Ci �I r, re CCN upcomi
WSUI radio shows. `
Petition - Courtcrest, Inc. vs. City of Iowa City, re rezoning. 1 P 6=d
i
is