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HomeMy WebLinkAbout1975-12-16 Council minutesMINUTES OF OFFICIAL' -ACTIONS OF COUNCIL DECEMBER 16, 1975 The cost of publishing the following proceedings and to date during this claims is $�_• Cumulative cost for said publication is $ calendar y�ar' cimet in Regular ession on the, The Iowa City City 1975unat17:30 P.M. in-theScouncil Chambers 16th day of December, at the Civic Center. Present: Brandt, CorrCzarnecki Vpaesiding. deProsse, Neuhauser. Absent: none. May It was moved by deProsse and seconded by Davidsen to con- sider the amount read thus far to be of full reading and toap- -prove the minutes.of Official Actions carried," of the Council meeting of December 2,-1975, subject to correction. Motion unanimously. Paul Nolan, 1805 Gleason Avenue, appeared concerning the Mt. Prospect,Addition, Part.III rezoning and presented a tran- script of _remarks made by concerned citizens. They requested deferring the vote on therezoninguntil the new Co and uhclseconded office in January, 1976. It was moved by by deProsse. that _the statement be received and filed. _Motion carried, unanimously. It was moved by Neuhauser and seconded by deProsse that the minutes of the meetings of -Planning -and Zoning Commission, 12/4/75; Housing Commission, 11/19/75, and Design Review Com- mittee;Hou0/75, be received "and filed. Motion adopted, unani- mously. It was the consensus of the75ooncDesign il to SRevieweofhe report from Attorney Hayek of 10/17/ -- - Development in Iowa City for discussion at an informal session. Motion adopted, -unanimously. It was moved by deProsse and seconded by Neuhauser to ap- prove the Mayor's appointments to the following Boards and Commissions: Dick Pattschull reappointed _to Board of Appeals, ions COm- term expires 12/31/78; reappoint Barbara Woodard, and appoint Ethel Madison and Patricia79iland-Lorenroy eWillat Rthe tcitizens' mission, -terms expire 1/1/ Tonal Planning.Commission.- motion - Advisory ,Committee to Reg ointment adopted, unanimously. The Mayor announced that the app for the Board of Adjustment will be extended for 30 days. - Harold Wessling appeared regarding installation of a stop sign or crosswalk at California anitGwastDrive wood allow moved byBrandtand school -children to cross safely. ger inves seconded by Neuhauser that the City Manatigate the: possibilities of a stop sign on, Grant Wood Drive and California and report back to Council.- Motion adopted, unanimously. Page 2 Council-Minutes December 16, 1975 Councilman Brandt noted that this was the last-council meeting Councilwoman Davidsen would be attending and expressed his and the Council's appreciation for her dedication-and-in- terest in the community, commenting that he enjoyed working.=- - with her as a citizen and councilperson. Councilwoman Davidsen presented'a statement reflecting; and sharing her thoughts and challenges for the future, ex- pressing thanks to the people of the community-who gave her the opportunity to serve on the Council. She also thanked the citizens of this community who care about the improvement of- the f-the 'quality of life and are willing,to-take the time and effort to 'attend Council and Commission meetings and serve on the various Boards `and rCommissions 'to bring their 'concerns to the Council and Administration. City Manager Berlin informed Council ,that he and Dennis Kraft would be out of town attending 'a HUD meeting concern in money and requested Council appoint Candy Morgan as Acting -;City Manager during their absence. It was moved by- deProsse -' and seconded by Davidsen, to approve the appointment. -Motion adopted, unanimously. It was moved by deProsse and seconded by Brandt to.adopt_ Resolution No. 75-4231 recorded in Resolution Book 33, page 163, Authorizing.the_Abandoned Bicycle Sale ,'on `December 28,_ 1975,-- at 1:00 P.M. at the Old Post°Office. Roll call: Ayes: Brandt, Czarnecki, Davidsen,deProsse, Neuhauser. "Nays:none. Reso- lution adopted, 5/0.< City Manager Berlin -questioned"which Councilmembers would be present for the upcoming meetings.. It was the consensus of the Council that the Regular Meeting of December 30th at 7:30 P.M. would be cancelled: It was moved by Brandt and seconded by Davidsen to adopt - Resolution No. 75-424, recorded in Resolution Book 33, page 164, Authorizing the Execution of a'Settlement Agreement between the City of Iowa City and Westinghouse Learning Corporation in connection with previous litigation. Roll call: Ayes: David- sen, Neuhauser,-,Brandt.- Nays: deProsse and Czarnecki -Reso- lution adopted, 3/2. It was moved by Brandt and seconded by, Davidsen to adopt Resolution No. 75-425, recorded-in-Resolution Book 33, pages 165-166, Authorizing the Redevelopment Contract with Old Capitol Associates. Roll call: Ayes: Davidsen,-Neuhauser, Brandt, Czarnecki. Nays: deProsse. Resolution adopted, 4/1. Page 3 Council Minutes December 16, 1975 It was moved by deProsse and seconded by Brandt that the letter received from Peggy McAtee requesting, deferral on the Ordinance to Rezone a Tract of Land for Frantz Construction Company in the Mt. Prospect Addition Part III area be received and 'filed. Motion adopted, unanimously. itwasmoved by Neuhauser and seconded by Davidsen-that the rule requiring that ordinances must be considered- and voted on for _passage_ at two Council meetings prior to the"meeting.at which it is to be finally passed be; suspended, that the ordinance be voted upon for final passage at this time. Roll call:' Ayes: deProsse, Neuhauser, Brandt, Czarnecki,-Davidsen. Motion adopted, 5/0. After further 'discussion and 'explanation by Councilmembers of their proposed -vote, it was moved by Brandt and seconded by Neuhauser to adopt the Ordinance No. 75--2791, Amending the Zoning Ordinance by Rezoning =a Tract of.Land.from`R1A ZonetoR1B and R2Zonefor Frantz Construction Co, in Mount Prospect Addition, Part 3. Roll call on adoption:' Ayes: _Davidsen, Brandt, Neuhauser. Nays: Czarnecki and deProsse. Absent: none. Motion failed, 3/2, Ordinance not adopted, because an extraordinary vote was required. It was moved by Brandt and seconded by Neuhauser to adopt Resolution 75-426 recorded in Resolution Book 33, page 167, Accepting the Work on the 1975 Slurry Seal Project by Slurry_ Seal Project by Slurry Kote Service. Roll call: Ayes: Brandt, Czarnecki, Davidsen, deProsse, Neuhauser. 5/0. Resolution adopted, It was moved by Davidsen and seconded by -Brandt to adopt Resolution _No. -75-427, recorded in Resolution: Book 33, page 168, Changing the Time Limit of Parking Meters on the south' side of College and north side of College in Bus Depot area. Roll call: Ayes: Czarnecki,:Davidsen, deProsse, Neuhauser, , Brandt.'"Resolution adopted, 5/0. -It was movedby Davidsenandseconded by Brandt that the letter from Attorney Lovelace regarding Streb South Industrial Park be -received and filed and made -part of the record. Motion adopted, unanimously. It was moved _by deProsse and seconded - by Davidsen to adopt Resolution 75-428, recorded in Resolution Book 33, page 169, Approving the Revised Preliminary Plat of Streb South Industrial Park. -Roll-call: "Ayes: Davidsen, deProsse, Neuhauser, Brandt, Czarnecki. Resolution adopted, 5/0.- Attorney Downer appeared explaining the revision. It was moved by Brandt and seconded by.deProsse to adopt Resolution No. 75-429, recorded in Resolution Book 33; pages 170-171, Approving the Final Plat of Streb South Industrial Park. Roll call: _Ayes: deProsse, `Neuhauser, 'Brandt, Czar- necki,;Davidsen., Nays: None. Resolution adopted, 5/0. Page 4 - Council Minutes December 16,1975 It was moved by deProsse and -seconded', by Brandt to adopt' Resolution No. 75-430, recorded in Resolution Book 33, pages 172-173, Approving the Final Plat of Washington Park Addition,' Part 9. Roll call:- Ayes: _Neuhauser, Brandt, Czarnecki, David- -sen, deProsse. Nays: none. Resolution adopted,=5/0. It was moved-by-deProsse and seconded by Neuhauser that" -the letter from Norman Coleman, President, UICAC, U of I,`expressing support for temporary -closing of Madison Street, along with City Manager's acknowledgment be received and filed. Motion adopted, unanimously. It was moved by Brandt and seconded by'Neuhauser that the letter from Robert Downer submitting his resignation as a member of the Board of Trustees of the Public Library be-received"and filed with regret, and the Mayor to convey_Council's_appreciation to Mr. Downer -for his services.- Motion adopted, unanimously. It was moved by Neuhauser and seconded by Davidsen that the letter from Sycamore Investors, Inc., regarding jurisdiction of -50 -foot strip between Mall Shopping.Center property and Highway _6 be received and filed and referred to the City Mana- ger and City Attorney,; for report.- Motion adopted, unanimously. It was moved, by Brandt and seconded by Neuhauser to adopt the following permit resolutions recorded in Resolution Book 33: Refunding cigarette; permit for lst Avenue Deep Rock, Res. No. 75-431, page 174 Approving Cigarette permit for Doc's Riverside Standard, 801 -S. --Riverside, Res. No. 75 -432, -page 175 Approving Class C Liquor License Application for Waterfront Lounge, 21 West Benton, Res. No. -75-43.3, page 176, and Lazy Leopard Lounge, 122 Wright, Res. No. 75-435, page 178 Approving Class C Beer Permit Application for Randall's Food Store, 1851 Lower Muscatine, Res.: -No. 75-434, page 177 Roll call: Ayes: Brandt, Czarnecki, Davidsen, deProsse,, Neu- hauser. Nays: none. Resolutions adopted, 5/0. It was moved by Brandt and seconded by Neuhauser to adjourn to executive session to discuss Whitehouse litigation. Roll call: Ayes: Czarnecki, Davidsen,_deProsee, Neuhauser, Brandt Motion adopted, 5/0, 9:15 P.M. - MINUTES OF OFFICIAL ACTIONS OF COUNCIL DECEMBER 2, 1975 7:30 P,M, cost of publishing the following proceedings and The co claims is t Cumulative cost to date during this calendar year for said publication is'$ The Iowa City City Council met.in RegularSession the on the 2nd day of December, 1975, at 7:30 P-M. in the Council Chambers at the Civic Center. Present: Brandt, Czarnecki, Davidsen. Absent: DeProsse,-Neuhauser. Mayor Czarnecki presiding. - and seconded by Davidsen to con it was moved by Brandt sider the amount read.thus far to be a_full reading and to approve the minutes of the OfficiaeCActionscorof the rection. Motion meeting of November 18, 19751 subs carried, deProsse and Neuhauser absent. onded-by Brandt that the It was moved by Davidsen and sec minutes of the meetings of the Riverfront Commission, 12/13/75, and Human 'Relations Commission 11/17/75, be received and filed. Motion carried, deProsse and Neuhauser absent. dsen to It was moved by Bran dt and seconaeTractd by Dof1Land,�Mtdefer the Ordinance No. 75-2791, by oning Frantz Construction Company Prospect Add'n., Part -III, by deProsse to R1B and R2 Zone, for one week.''-Motion adopted, and Neuhauser absent. andt to adopt It was moved by Davidsen and seconded by Brpa Resolution No. 75-420, Yeorahe Northssidelof Iowa Avenuege 160, Prohibiting 4 parking on the from Van Buren East 160 Feet and Prohibiting East Side of Van Buren from Iowa �z Avenue North tha150 Feet. Roll call: Ayes: Davidsen, Brandt, 3/0. Absent: deProsse and Neuhauser. Resolution adopted, It was moved by Davidsen and seconded by Brandt to adopt Hoursinfrom 6:00 P-M- adfill the motion to change thenWinterCl�Motion adopted, 3/0. deProsse to 5:00 P.M. During_, and Neuhauser absent. it was moved by, Brandt and seconded by Davidsen that con- y re arding the to concur with cerning the letter from Attorne Robert Downer, g Turtlet assignment of the leaseestionfor uforethe-assignment of the lease, 1 the City:be the City. Manager's Sugg ; -_ three conditions: ( ) subjecttothe following- an back sent be, informed of and approve of the buyer, (2) Y made current, and (3) the City review the operation and main- tenance costs to see-if the rent is adequate; if not, adjust- ment be made. Motion adopted, 3/0, deProsse and Neuhauser absent. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES-' DECEMBER 2, 1975 7:30 PM, The Iowa City City Council met in Regular Session on the ` 2nd day of December, 1975, at 7:30 P.M. in the Council Chambers at the Civic Center. Present:_Brandt, Czarnecki, Davidsen. Absent: deProsse'Neuhauser. Mayor Czarnecki presiding. was movedbyBrandt and seconded by.Davidsen to con- _It sider'the amount;;read thus far 'to be -a full .reading and to approve the;,minutes of the Official Actions_of the Council meeting of November 18,:1975, ;subjectto correction. -Motion carried, -deProsse,. and Neuhauser absent. Mary Jo Small appeared -represent ingJohnson:County-Politi- -_ cal Women's Caucus thanking Council and the Mayor for proclaim- ing U.S. National' Women's' Agenda Day"for December' 2,'1975. It was moved by Davidsen and seconded by Brandt that the minutes of the meetings, of -the -Riverfront Commission, ,12/13/75, and Human Relations Commission, 11/17/75, be received and filed. Motion carried, deProsse: and Neuhauser absent. • City Attorney John Hayek informed Council he will attend a conference in Dallas' next' week and that Tony,Kushnir will ', represent the legal department.at the Council Meeting. After discussion of the petition_'- objecting to -the rezoning for the Frantz Construction Company and the percentage of vote' required to consider a reading of the,ordinance, it was, moved -o by Brandt and seconded by Davidsen t defer the Ordinance No. 75-2791, Rezoning a Tract of Land, Mt. Prospect Add'n.,;Part III, by Frantz Construction -Company to R1B`and R2 Zone, for one week. Motion adopted, deProsse and Neuhauser absent. It was moved by Davidsen and seconded by,Brandt to adopt Resolution No. 75-420, recorded in Resolution Book 33, page 160, -prohibiting` Parking on'the ;North Side; -of Iowa Avenue from Van., -East Buren East 160 Feet and Prohibiting Parking -on the Side of Van Buren from Iowa Avenue North 150 Feet-. :Roll call: Ayes: Davidsen, Brandt, --Czarnecki. -Nays: 'none. `Absent: deProsse and Neuhauser. Resolution adopted,,3/0. It was.moved by Davidsen and seconded by Brandt to adopt the motion Changing Landfill Closing Hours -from 6:00 P.M. to 5:00"PM.'During the Winter. 'Motion adopted, 3/0, deProsse and Neuhauser absent. Honorable Iayor and City Council -Civic'Center -Iowa City, Iowa -52240 December 16, 197$ Subj: Mount Prospect Addition Part 3 j re: Letter of December 15, 1975 from Concerned Citizens of Mount Prospect Addition We the neighborhood residents of Mount Prospect Addition request that vote for rezoning from R1A to RIB and R2 be deferred to the new Council which takes office in January 1976 for the following reasons: 1) Voting record shows flagrant inconsistency. (See attached records) a) Councilman Brandt_ originally on October 14th requested the first consideration be delayed to October 28th since he would not be there for the firs'.considerationon October -21st, -anted he felt he - would like to be there. b) On October 28th Frantz Construction -Com; -any requested the -first consideration be deferred' citing construction schedule and approaching winter season. We the petitioners requested a vote citing a need_to_know how she Council would ,vote. The consider- ation. was deferred. - c) On November_21st-Frantz Construction Company requested the rezoning issue be voted on, neglecting however, to cite any change in the reasons stated in the original reuest for deferment. idoa we, the Concerned Citizens of Mount Prospect Addition, would ; like to 'know shat happened to the approaching winter season. d) On Nodesiber 25th Council voted on the Frantz request, voting to put it on the agenda for December 2nd, knowing 'full well two council members wIould be absent, and it would --take four out of five members to vote on it On December 2nd Council vas willing tW vote on the issue with only three members, present on -the - assumption they only needed a simple majority. Only the last` minute efforts of the neighborhood committee succeeded in verifying for the Council the needforat least four votes. They were then- forced to defer the consideration. iiowever,•Councalmzn Branca requested only a one week deferment, knowing lie would be absent from the December 9th meeting.- This is in spite of the fact that on October 28th he requested a- deferment to enable him to be present for the vote. Concurrently Councilperson'Davidsen was r , also present and made no mention of her 2 Sive rembers present for votin personal desire to have around on Decenber 9th and g °n December 2nd and yet-tu.-ned there were did request a one week deferral since not Tive members present, Councilmzn Brandt being absent. -five Davidson has stated on-Decrandt would be absent from final council,meetinv9th she 30th. This would prevent the issue,fron comingal December final two mAcard and j _etings of 1 to a vote the cl`�, 975 ---- since their vote on De 1 stated the would not vote o December 9th members were resent. � four out of-Sive l�suThe signatures of 230 individuals are on file o , and do_they not have the right to i PPosed to the their nsighboring property? uence"she rezoning of 3) Council has alreadydeferred as witnessed b eetitionsome action over to the new Council y we the petitioners at'the December 9th meeting, thu,^ } setting the precedent for which this letter of"oeferr 4) If Council al is write en. suspends rules and votes all three considerations on December 16, 1975, then we the citizens could o- process of the city code uhich.c Possibly be denied due f consider- ations which would-rove alts for a series of three- J thereby allow for further citizen decision on the issue, and a change of Councilotes citizen input_to,continue to'tr substantiate our or at a mininum collect p Y and effect Position, urther data to 5 Finally, given the record of i Council handling of this issue Construction Com an and Frantz P any's failure to give reasons in their letter of Novemberto 21sT substantiatetheirletter of October.27th it is fair to assume that in sP=rit, if not in fact, we the citizens are not being given equal treetment before the Council! COMPLETE DESCRIPTION OF ACTIVITIES OF COUNCIL OCTOBER -14.0 1975 7:30 P.M. The Iowa City City Council -met in Regnlar theSessionlon the Chambers 14th day of October, 1975, at 7:30 P.M., at the Civic Center. Present: Brandt, Czarnecki, Davidson, deProsse, Neuhauser. Absent: none. Mayor Czarnecki presiding , It was moved by deProsse and seconded -by Neuhauser to•con- ap- Sider•the amount read thus fartobe a full reading and to Co prove the the Offic rove the minutial Actions of the uncil meeting of to correction. Motion carried; September 30, 1975, subject unanimously._, _ John Harper, representing Iowa Community Betterment Program, appeared and presented a draft of Iowa City's entry in.the Iowa Connunity Betterment Award Program.: -Harper asked Council's con- sideration -o£ meeting with judges as stated in the letter. It was moved by Neuhauser and seconded by Davidson that the minutes of the meetings of the Housing Commission, 9/17/75, and Human Relations Commission, 9/$/75, be received and filed. Motion carried, unanimously. Public Hearing was held on rezoning of Frantz Construction located south of Highway 6 By -Pass and east `of Company property sycamore Street from R1A to R1B and --R2 Zone. Planning and Zoning Commission recommendation was contingent on a stipulation that the tract not be subdivided into more lots than shown on twas he preliminary plat for Mount Prospect Addition, p moved by Neuhauser and seconded by Davidson that the petition from residents objecting to the rezoning to R2earineCforedisnd filed. Motion carried unanimously. Those, appearing g George Hands, Shive- cussion were Michael DSartiShany liro,728 G1818�Gleason. The Mayor de- Hattery Engineering; Gary P Brandt ,and seconded dared the hearing closed. It sidewas rationved o by Neuhauser to defer first consideration of the Ordinance to October 28th, as Councilman Brandt will be absent on October 21st and a 75% Council vote will be needed because of the p Councilwoman deProsse reported i. the Area Legislative Meet included she attended with Mayor zneck freezet,cetc iscMayor Czar - property publications, tax Land Use, necki questioned what --the status °f.eal the by someone efrom pthe lcjity.-- and -encouraged attendance at the app Y The City Manager noted that he would investigate. Councilwoman deProsse also reported on her -trip -to -Washington, D. C., meeting with the Bureau of Census and theOffice of Management and -Budget concerning designation of Johnson County as an urbanized area, and Iowa Shelcalledaattention toSthe adifference inard tfunding an lunder l Arca. the SMSA formula, or the HCDA Entitlement Grant. Page 2 Council Discussion 10, 1975 •December They requested a-list of vehicles assigned as a fringe benefit: -'Strabala commented.that"'a memo had been sent to:the_City Mana- ger concerning a policy for _city vehioles,_suggesting classi- ' fying each employee, noting occupational needs and justification for usage.- He discussed the comparison program on the police cars. :6,000 miles is the breaking point at which it is cheaper to pay mileage than to incur capital expense. Council dis- cussed awarding contracts to the lowest bidder. Plastino called attention to thein-house training for mechanics. Mayor Czarnecki arrived, 2:15 P.M. Plastino advised that-the-Traffic-Engineering Division was a-division where funds could be reduced without considering - them inflexible. They have been installing capital improve.,,. mentsi at;the p - "ex ense of;doin :routine':maintenance. Selzer ,-4 . - suggested the bids for improvements.include the installation as well as the purchase of equipment. The, intersection at i Riverside and Highway #1 had 40 accidents, Benton/Riverside is right behind in number of accidents. For the intersection of-Keokuk--and-Hollywood therewillbe from $200,000 to $500,000 in the budget for: -a new road. Their solution is to dead-end Hollywood and rum -a new road between the liquor store and the Iowa State Bank. They had looked into signalizing the inter- • section where it ties into Keokuk now, coordinated with the Bypass signals, and concluded that there is`'no`way•to signalize that without completechaos. He suggested-. giving Council, for each budget year, ,a list,of the 5 largest dollar items and 5 or 6 smallerdollaritems to consider.--Highway-#1 and High - .Way '#218 intersection at Wardway would cost $500,000 minimum to do it up right. FAUS_'money Jcould :not be used, as it is.a : State Highway.' The Highway Department has been talking about coming in with cost participation: early in .that-intersection and Brachtel is pursuing-that. - Concerning the Refuse Division, he noted that the program costs`Ihad doubled since 1971. it costs about $50,000 a year to excavate at the Landfill. Also equipment replacements are_` expensive.- Plastino explained the present status of the Ames project. The present paper recycling project and the bidding process was discussed,:along with `the-litterproblem caused by "take-out" businesses: The City Manager advised that he had been working on this-problem. Plastino announced a savings in the paper recycling project by reduction of the number of 'personnel `per `truck. He'-suggested more publicity on 'the pro, ' ject. In answer o the=-question of who would police the new -Mall area, the-City-Manager advised that the Parks and Recrea-_ __ :tion personnel will have the responsibility for the public areas with the Refuse Department emptying the containers. • tnat Iowa Citystay '__� .� y from He also advised that we were ready to apply ,for federal funds for the 201 program. In.the CIP there will be expenditures for upgrading the plant or a new one. The.City;'Mana en suggested having -the -Regional Planning Commission irnvestigate further 'the relationsei g ggested p between 208 and sed Operation of.the -lift stations was discussed. e lastino advised that both the water and divisions were well m anaged ;and he would not seekma'or sewer ductivity increases from the 3 pro- management;and supervision personnel. He noted -were The City Manager Problems.'in some Of his departments. s pointed out that technicians had,been assigned management responsibilities for which the- were not prepared or did not want, and `solutions would be both in training, and new personnel. Councilman -elect Selzer complimented Dick Plastino stating ad goo had done a fine job since he ;,has .been in Iowa City and had good rapport with the contractors. He,proposeowa Ci the City manager identify the problem areas h 'where 1- e thinks a clearly defined policywisre no Policies exist, The meeting adjourned at 3:20 P.m.