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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.