HomeMy WebLinkAbout1976-09-14 Council minutes1 1 -
MINUTES OF OFFICIAL ACTIONS OF COUNCIL
--SEPTEMBER 14, 1976
7:30 P.M.
The cost of ,publishing the following proceedings and
claims is $ Cumulative cost to.date during
this calendar year for said publication is $
The Iowa City City Council met in regular session.on
9/14/76, 7:30 P.M. at the Civic Center. Councilmembers.,
present were: Balmer, deProsse, Foster, Neuhauser, Perret,
Selzer. Absent: Vevera. Mayor Neuhauser presiding. "I
Atty. Pat White appeared requesting addition of Class C
Beer & Liquor License for Ambrose, Inc,,. dba/Foxhole,4nd
Dancing Permit for Moody Blue, o the Consent Agenda. ..Ken
Murphy, 1015 E. Burlington,outlined; problems concerning the
signal"lights with.the sun shining from behind.', He'also-
pointed out problems relatingto the'bic ole
y paths turning
movements on Jefferson and Market where,they intersect;,with
- Glendale Road and Rochester Ave.- These were referred'to the
-City Mgr. for report "Chris Buchanan appeared requesting
addition of Class B Beer permit and Sunday' Sales' permit for
Ken's Pizza Parlor to the Consent Agenda.
Mayor Neuhauser proclaimed Citizenship Day for Sept 17,
1976, and Constitution Week, Sept. 17th through Sept. 23, 1976.
Councilman`Balmer-requested that Item 4.d.1., letter
from Iowa City/Johnson County, Arts Council regarding finan-
cial assistance from the City, -be-deleted-from the,Consent
Calendar and set for informal discussion with JCAC'. 'Moved
by Foster,.seconded by Selzer .that the following agendatitem.s
_and recommendations in the Consent Calendar be approved and/
or_ adopted -as-amended:
Reading of minutes of official actions of regular Council
meeting of 8/31/76, subject to:correction,`as recommended
by the City Clerk.
Minutes of Boards and Commissions:i Planning and Zoning
Comm., 9/2/76; United Action for Youth, 8/31/76;. Human
Relations Commission meeting of 8/23/76 & 9/2/76; .Public
Library Board . of Trustees,' 8/26/76; Comm. on Community
Needs, 9/1/76.
Permit Resolution, as recommended by the City-Clerk-as
recorded in Res. Book #36: Res.`-#76-318, page 392, ap-
proving,ClasscC Liquor License application 'for -James
Strabala dba/Deadwood Tavern, M Clinton Street Mall;
Res. #76-319, page 393, approving Cigarette Permits;
Res. #76-320, page 394, approving Dancing Permit for
Page 2 Official:Actions'
_ September 14,-:1976
K.C.'s Marquette Club, 328 E. Washington St.;,-Res. #76-
321, page 395, approving' refundof Cigarette Permit for
Sheller-Globe Corp.; Res.'#76-322, page 396 'approving
Class'C Beer & Liquor License for.Ambrose,"Inc.,,dba/
Fox Hole, 1200 S. Gilbert 'Ct.;'Res`.-"#76-323,`page '397,
approving Dancing Permit for--Ambrose, Inc.:, dba/Moody
Blue,_ 1200 S. Gilbert Ct.; Res. #76-324, page 398,`ap-
proving Class B Beer Permit; and Res. #76-325, page 399,
Sunday Sales Permit for Ken's:Pizza Parlor,_1950'Lower
Muscatine Rd.
Correspondence:
From Iowa City/Johnson County Arts Council regard-
ing use of modules,, referred to the City-Mgr's.
office for reply; from Joe;Gradish regarding High-
way 218, referred to the Department of Public Works
for reply':
Upon roll call Balmer, deProsse, Foster, Perret, Neuhauser,
Selzer voted "aye:" Motion carried, 6/0, Vevera absent.
Moved by Foster, seconded by Balmer,.to adopt RES.-#76-
326,:recorded in
Res. Book 36, pages-400-408H, APPROVING THE
PETITION FOR SEVERING TERRITORY FROM THE CITY OF IOWA, ICITY,
AND AUTHORIZING EXECUTION OF PETITIONFOR ANNEXING',TERRITORY
TO THE CITY OF CORALVILLE. Roll call: Ayes: .deProsse, Foster,
Neuhaabsent.
Perret,' Selzer, Balmer. Res. adopted, 6/01 Veveraz
absent, , _
Moved.by Perret, seconded by deProsse,.that the ORD.
AMENDING ORD..NO.;.2605-;(5.24.9-AND 5.24.10, MUNICIPAL CODE)
WITH RESPECT'TO THE ISSUANCE OF:AND:RENEWAL OF A''CLASS '.'A
PRIVATE CLUB LIQUOR LICENSE be considered and given first
vote for passage. Commissioner'Matsumato appeared concern-
ing this matter. Roll call: Ayes-.. Foster, Neuhauser,`Ferret,
Selzer, Balmer,.deProsse. First consideration given, 6/0,
Vevera absent.
Moved by Foster, seconded by Perret, to set public hear-
ing 16/5/76 ;at 7:30 P.M '_ at the; Civic Center- to'rezonez_3tract of
land submitted by Heritage Systems from R3A to !:PC. i Motion
carried, 6/0, Vevera absent.
Moved by Perret, seconded by Foster, to set a public hear
ing; 10%5/76'_at 7':30 P.M:`-at c. ,the=:CiviCenter: .to rezone-' ee
parcels of a tract of land submitted by.plum Grove Acres,
Inc. (Court _Hill-Scott Blvd. >Addn.,.Pt. 5) from R1A to=`R1B.
Motion carried, 6/0, Vevera absent.
"
Page 3 Official Actions
September 14, 1976
Moved by Selzer, seconded by deProsse, to adopt RES'.
1#76-327, recorded in Res. Book 36, page 409, APPROVING THE
PREL.`PLAT OF WOODLAND HILLS ADDN. Roll call: Ayes:-_Neu-
hauser, Perret, Selzer, Balmer, -deProsse, Foster. Res.'a-
adopted, 6/0, Vevera absent. .
Moved by Selzer, seconded; by Balmer, to adopt RES. #i6-
328, recorded in Res. Book 36,.pages 410-411F, APPROVING FINAL'
PLAT OF WOODLAND HILLS ADDN. Roll call: Ayes: Perret,`Sel-:;
zer, Balmer, deProsse, Foster, Neuhauser. Res. adopted,,`6/0,,
Vevera absent.
Moved by Balmer, seconded -by Selzer, -to adopt RES. #76-
329, recorded in Res. Book 36, on pages 412-413C,'APPROVING
AUDITOR'S PLAT NO.' 29 Hills Addn.). :Roll call
Ayes:- Selzer, Balmer, deProsse, Poster, Neuhauser, Perret.
Res. adopted, 6/0, Vevera absent.
Moved by Selzer., seconded, by deProsse, to set public hear-
ing 10/5/76 at 7:3G P.M. at the Civic Center on the; Planned
Area Dev.-for A & H Apartments. -Motion carried,- 6/0,rVevera
absent.
Moved by Selzer, seconded by Balmer to adopt the RES.
APPROVING THE PREL._PLAT OF EASTDALE MALL. Attorney -Hayek
pointed out that adoption could not be made"condi.tional'upon
the conformance to requirements of the proposed tree ordinance,
and `that the question of the Large Scale Non-Residential°Dev.
for Lot 13 would not come before P&Z until the .building permit
is applied for. Dennis Saeugling, Hawkeye Engr., P&Z:Chrmn.
Bob Ogeson; and Comm. Dev. Dir. Kraft-were..present=for dis-
cussion. Moved by 'deProsse, seconded :by-Perret that the mo-
tion to adopt the Res. be tabled for one week. Upon .roll call
deProsse, Neuhauser, and Perret voted "aye", motion not a-
dopted, 3/3, Balmer, Foster, Selzer,'voting "no",;,Vevera :-ab_
sent. `Roll 'call was taken on the original motion to adopt ,
the Res. Balmer, Foster'
and Selzer voted `"aye";'deProsse, '
Neuhauser, and Perret voted"no", Vevera absent. ,Motion not
adopted, _,3/3. -:Councilman Selzer requested that the Res. be
added to the agenda for next week. There were no objections.
Moved by deProsse, seconded by Perret, to set public hear-
ing:10/5/76 at 7:30 P.M. at the Civic Center on an Ord. 'amend-
ing Ord. No. 2238, the zoning Ord.`of.Iowa City,_by establish- `
ing regulations for the planting of trees within Iowa City,
by establishing Section 8.10.40. Motion:carried,,5/1,;Vevera
absent.
There were no objections by Council to consider the RES.
ADOPTING THE IOWA CITY PLAN - TREE PLANTING:-:AS:!PART OF.THE
COMPREHENSIVE PLAN OF IOWA CITY when the three corresponding
tree ordinances are adopted. `
Page 4
Of ficialActions
September 14,`:1976
Moved by deProsse, seconded by Perret, to
set.a public
hearing 10/5/76 at 7:30 P.M. at the Civic Center.on an Ord.
amending Ord. No. 2584, the Forestry Ord. of Iowa City,.by,
repealing Sect. 3.38.8.A and 3.38:11A(3) of the Forestry Ord.:
and establishing new sections in lieu thereof. Motion carried,
5/1,,Vevera absent.
Moved.by deProsse, seconded by Foster to set a public
hearing 10/5/76 at 7:30 P.M. on an ,Ord, establishing addition-
al powers for:the Board of Adjustment. Motion carried, 5/1,
Vevera absent.
MayorNeuhauser announced that there was a vacancy, on
the Board of Appeals which term ends 12/31/76, requested
that the newspaper --be given notice, and advised Council would
make the appointment on 10/19/76.
Moved by Selzer, seconded by Balmer to increase the City`
Clerk's salary to equal the negotiatedraiseallowed other`
employees and in accordance with the figures Provided by the
City Manager. Motion carried, 6/0, Vevera absent.
Moved by Perret, seconded by deProsse, that RES. #76-330,.
recorded in Res. Book 36, pages 414-418, AUTHORIZING: EXECUTION
OF LEASE WITH THE JOHNSON CO. AGRICULTURAL ASSN be approved.
Roll call:-, Ayes: Balmer, deProsse, Foster, Neuhauser,. Perret,
Selzer. Res. adopted, 6/0, Vevera absent. -
Moved by Selzer, seconded by Balmer, to approve RES. #76
331, as recorded in Res. Book` -:-36, pages 419-422, AUTHORIZING
THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
JOHNSON CO. SOIL CONSERVATION DIST. Roll call: 'AyeS:_`de-
Prosse, Foster, Neuhauser, Perret, Selzer, Balmer. Res.
adopted, 6/0, Vevera absent. -
Moved by deProsse, seconded by Perret, to approve RES.
#76-332, recorded in Res. Book 36, pages 423-425, AUTHORIZING
THE CITY OF IOWA CITY TO LEASE CERTAIN PREMISES FROM MARK IV
APT. ASSOC..FOR THE OF PROVIDING AN AF^�R-SCHOOL ELEM.
- REC. PROG. ,Roll call: Ayes: deProsse, Foster,` Neuhauser,
Perret, Selzer, Balmer. Res. adopted, 6/0, Vevera absent.
Moved by Perret, seconded by Foster, to approve RES. #76-
333, recorded in Res. Book -36 'page 426,'AMENDINGBUDGET AUTHORI-
ZATION RES. NO. 76-238 FOR THE DEPT. OF COMM. DEV. PERSONNEL.:
Roll call: Ayes: Foster, Neuhauser, Perret, Selzer,` Balmer,
deProsse. Res. adopted, 6/0, Vevera absent.
Page 4
Council Actigities
Augus+-3, ^1-
Foster mo
ING ved and :Vevera'seconded that the_ORDI]
ZONING ORDINANCE 2238 BY CHANGING THE-USEiREGULi
COURT CREST PROPERTY (between Gay--
FROM Funeral:Home_'and MiA
be considered and given-first dotefi
Pat, White, Attorney for Court'Crest 'Inc
iterated.his reasons for adoption of this ordinance'
call: Ayes: Foster. `Nays: Selzer,-Vevera,-Balmez
Neuhauser, Perret. First consideration fa led, lmej
It was moved by deProsse,and,seconded by Vevera
RESOLUTION #76-3081 as, recorded in <Bes.'Book 36,;pa'g
AUTHORIZING._DISPOSITION OF SECURITIES'HELD BY-THE'CI
CITY AND EXECUTION OF THE DELIVERY,OF'BONDS FOR'SAFE
Roll,call: r-Ayes:' Vevera, Balmer,-deProsse, Foster;:
Perret, Selzer. Resolution adopted,``?/0,
Balmer -Moved and deProsse seconded to adopt the
APPROVING THE PRELIMINARY_ P.A.D. PLAN AND PLAT OF.-VI7
PART 6. Council;;diseussed some of the' objections'mac
rounding residents. Community DevelOpme,nt_Director F
peared to explain background. ':Perret moved and:idePrc
to the motion to_adopt -this resolution'
Motion. carried, 4/3, wituntil_Se
h Vevera, Balmer, and'Selzer
Selzer moved and deProsse ;seconded to'ad.
oFt RESO
#76-3091 aT`recorded_in:Res.-Book 36;- onpage ,383=_AU
THE:MAYOR TO,SIGN AN AGREEMENT-WITH-CEDAR RAPIDS-
RAILROAD COMPANY,allowing.the City.to install -a-3"'.c
the railroad company's right-of-way and. reworking,o,.c
lawn curve lights. Roll call: AyesefBalmer,,..dePross
Neuhauser, Perret, Selzer, Vevera. Resolution ;adoptee
Balmer moved and Selzer seconded to adopt-.'RE , Sow,
as recorded in_Res. Book; 36, on,page;384, ACCEPTINGt.S]
SEWER =IMPROVEMENTS IN VILLAGE'GREEN,'PART 7, which`wa:
Knowling Brothers Construction Co''
onstruction;Co., Coralville.` Rc
Ayes: deProsse, Foster,-Neuhauser, Per et Selzer, Ve
Resolution- adopted,7/0.
Mayor Neuhauser announcedthat at infoIrmaldiscus
August 30th; Council had decided to-,defer-the.'RESOLUTI
IZING L CONTRACT FOR PROFESSIONAL SERVICES BETWEEN.`,THE
ZUCHELLI, HUNTER & ASSOCIATES, INC.,for one week.;: Bob
appeared commending the Council'`and'Staff for their re
tions in regard to_the consultant. He requested that<:
Street between Burlington and Court be`redesigned and-i
Sion be`;made.as to whether the�`developerior-the.c tizei
- bear the costs; suggested„that the questio11 n 'of left'-aui
should be addressed; and"suggested that creating a;:;p'ari
economic value to one purchaser` would be.'paramount"-to_`.F
mination'of sale of ands The Mayor stated ,that"thes`e
would be referred to the.City Manager ,for working-out
t
one by ,
call:
ra.
�n on.
• •
INFORMAL COUNCIL DISCUSSION
SEPTEMBER 13, 1976
1:30 P.M.
INPOR1MAL COUNCIL DISCUSSION: September 13, 1976,
Conference Room, Mayor Neuhauser presiding. 1:30 P.M.,
Foster, deProsse. Absent: Vevera. COUNCILMEMBERS PRESENT: Selzer, Balmer, Neuhauser, Perr et,
STAFFMEMBERS PRESENT: Berlin, Stolfus, Morris,
Geshwiler, Schreiber,
,Tones
City Manager Neal Berlin requested an executive session for
discussion of litigation, after the informal session.
REVIEW OF COUNCIL AGENDA
Councilwoman deProsse questioned whether provisions of the pro-
posed tree ord;could be
Mayor Neuhauser asked whyapplied to the Eay_daje_Mall..
resolution approving the waivers were not listed on the
Manager advised thaheewou would this out.
�> c2n... The City
Councilman Selzer pointed out the reasons that he did not sup-
port the concept of, and why he disagreed with the proposed
txee ozdi_raance_. This included his objections to more govern-
ment regulation on private property. Councilman Balmer agreed.
It was stated that the Forester had not signed the work, as
she was not primarily responsible for putting the document
together_ It was noted that changes had been made to make the
Plan more flexible.
Councilman Balmer�
had
solved to the satisfactioneofwtheher Parkseandoblems RecreationbDirector
and the City Manager concerning ASERP at Mark IV ADt
City Manager stated that hopefully they would The
cooperation. Concerning the proposed Ordinance regardisom
nge
submission of club by-laws for applications for Class A Private
clulZhkcuo ; ns� Councilman Balmer asked if the legal
staff had reviewed and approved this change. The City Manager
noted that they had drafted the ordinance. -It was pointed out
that clubs get a special break on the cost of their licenses,
so they should establish that they are a private club. Coun-
cilman Selzer questioned the thinking behind the statement re-
garding non-profit corporation. The Cit
more information. y Manager will provide
Councilman Balmer expressed concern over the report in the
Human n 7ar;n s—QDmR•_mi.nutes regardin
Plan and the School Board. It was Poing
Affirmative
out athat the1Con
ommis-
sion is charged to work both in public and private areas.
C�
J
Page 2
COUNCIL BUSINESS
•
Council Discussion
September 13, 1976
Councilman Selzer asked for a report on the status of the Maher
p y anthe
ahere letter should mashEM-�Qg'ezty, and suggested that the
cussed in an executibe
sessiona, but should probably be dis-
Councilman Selzer requested more information concerning
figures for rpt o
range as the Citg _jises allowed em the
City Clerk, employees in the same
Councilman Balmer asked if the Comorehens�� n,
with the issue of extension of the Sanit man would deal
-Blvd_, as discussed in the memo from Don _t sPc•Pr ,
Manager pointed out that he was not anxioushtoi os G�c�tt
issue until the Com The City
Mr- Glasgow could continue
ive Plan can deal withit
the
to the sewer that runs betwto develop 40 acres and connect sit
i°Ck• That sewer,then, would have itsses that maximum caoacitn Sham -
preferable to view what kind of sewer service should beout
there in the long run. The Mayor suggested that comments from
Geshwiler on this Would be helpful. Councilman Selzer sug-
gested getting information from the Public Works Dept.'
right-of-way, The Mayor suggested that instead
element u on the
p on the timeframe for the Com of moving this
simple annexation worked through P&Z and Plan, that it be a
man Perret advised that the Com Council.
some attention on p• Plan Co Council-
man
Scott Blvd, Committee had focused
area.
The City Manager stated that the Revenue Sharing bill was
debated today on the Senate floor. In relation to the 2
and financial situation being
Will note Plastino' , a memo will be sent to Council$ fine
and-s_anding.on mosts concern about the elimination of It
around, Council willrreceiveial streets, as when winterarolls
received on the the same kind of input that they
parking meter business.
Councilman Selzer complimented the Staff on their comment in
9/2/76 P&Z Staff Report, noting the need to revise the LSRD
and PAD Ordin to reduce the
courage develo ment via the red tape involved and en -
BUS
planned concept intended.
BUS PROMOTION
Transit Superintendent Steve Morris and Mr. S. R. Huntle
Present for discussion of promo ion ideas f
transit system were
especially durin Se—��-11e_nass_
hours. Slogans and signs were g the 10:00 A.M. to 2:00 P•M.
on the buses Presented for use in advertising
included: in newspapers and on radio.
midday field trips for schools- Other suggestions
day shoppers school essayincentives for mid -
con expansion of number of
Page 3
® 0
Council Discussion
September 13, 1976
Places where passes are sold, possibly at locations where water
bills are paid. Huntley suggested a bulletin board for sched-
ules
outtthat therenwill/stilloClintn
becornerThe City Manager point -
no objections hour
to Iluntley's working out thepro
forhere the were
school field trips. The City Manager noted that the transit
budget would have to be amended to provide the $700 needed for
three months for advertising, Howard Vaughn_, advertising and
billing representative, was introduced.
UNIVERSITY HEIGHTS SERVICE CONTRACT
City Manager Neal Berlin explained previous Council actions
and proposals from Unvesjty�Ieichs Council, as outlined in
his Sept, 9th memo. He advised that there should be an official
response to the May proposal from University Heights, and dis-
cussed the content of the letter proposed to go to the resi-
dents of University Heights.
Decisions for Council included answering the questions, (1) is
the City prepared to provide only limited services, and (2)
what criteria should be used to determine the fair distribu-
tion of costs. The City,s position to date has been that there
cannot be a fair contract with only limited service, and that
the only equitable way of determining costs is utilizing a
ratio related to assessed value, The Mayor commented that this
Shelcalledreating attentionetolthehe same realisticyas uayscoflfinancingosu City,,
guested in the memo, so Iowa City is not forcing them to
�3-
Councilman Perrot suggestedannex.
with members of University
that Iowa City Councilmembers meet
with members
be the issues. Heights Council and staff for dis-
discussed. It was decidedethatsthenon-productive
City Manager would nsend ethe
material as presented to Council to the University Heights Coun-
cil, and suggest a meeting to discuss alternatives and if there
is no answer in two weeks, the letter would be sent to the
University Heights citizens. Councilman Balmer also questioned
whether interest would be charged on the sewer charges not
paid by the University. There will be a report in October from
the University,
PENDING
It was noted that there were not many complaints on brush re-
moval,_ so the item will be deleted from the list. A '-letter will
be sent to the State concerning clean-up of the Iowr
Councilman Balmer asked whether the question of
uti_ l�� would be addressed by zuchelli,
vised that it would be, and also The City ger ad -
pointed out that the legal
Page 4 Council Discussion
September 13, 1976
staff is working on this. Councilman Balmer reported that the
Simon ordinances ReY-iesL-Committee _is almost done with the review.
City Manager Neal Berlin explained the arrangkieent concerning
payment for airport property by Iowa Department of Transporta-
tion. The item regarding no right turn on red on to Court
Street will be deleted as explained on September 1976 Pending
List under status/comments. Councilmembers pointed out*that
they had not yet received the memo concerning the Ban the Can.
It will be sent soon. The City Manager advised that the second
draft of the Animal Control Ordinance is being worked on.
Regarding the Cemetery Ordinance, the City Manager advised that
the accompanying memo describing the changes would be revised.
He also advised that it is the City's responsibility to prune
the trees in the parking. In regard to the Qj_d Poste Office,
he reported on the call received from the Postal Department.
The problem of the difference between appraisals was pointed
out, The building might be put out for bids again. Council-
man Selzer suggested the possibility of its use for a transit
center. The City Manager added the possibility of Senior Citi-
zen Housing, and Center or a location for a parking ramp in
this end of downtown. The Mayor commented that Nate Rubin had
agreed that it was all right to combine senior citizen housing
with a center.
There was a short discussion of the Ames recycling. project.
The City Manager stated that there would be additional infor-
mation concerning the liability of housing inspectors, after
the final report from the Risk Management Study. A priority
listing has been asked for on those recommendations. 'He will
also check out the status of the bus Shelter ompe�iQn with
the Design Ravi w�C_O Mittee In answer to Councilwoman deProsse's
question, the City Manager indicated that bids would be taken
on the College B oak building after the Council has given ap-
proval of the urban renewal plan. He advised that all inter-
views have been held for the Building Official.
Councilman Perret left the meeting. Council discussed the poli-
cy concerning towing of vehicles with $15 of outstanding park-
ing tickets. They decided that the public should be made aware
of this policy.
It was moved by Foster and seconded by Balmer to adjourn to
executive session for discussion of litigation. Upon roll call
Balmer, deProsse, Foster, Neuhauser, and Selzer voted "aye."
Motion carried, 5/0, Perret and Vevera absent. 4:10 P.M.
Tape recorded on Reel 430.