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HomeMy WebLinkAbout1973-07-17 Council minutesMINUTES OF A REGULAR COUNCIL MEETING JU Y 10 1973 00 (S The Iowa City Council met in regular session on the 10th day of July, 1973 at 4:00 P.M. Civic Center. in the Council Chambers of the Members present: Brandt, Connell, Czarnecki,: White. Absent: Hickerson. Mayor Brandt presiding. The invocation was given by Rev. Robert Welsh, First Christian Church. It was moved by White and seconded by Connell that the amount read be considered a full reading and to approve the minutes of ,the regular Council meeting of June 26, 1973, the adjourned meeting Of June 27, Noon, and 'adjourned meeting of June 27 2:15 P.M., and the regular meeting of July 3, 1973, subject to correction: Motion, carried. Linda Plumb, 113 Post Road, appeared concerning previous removal of trees at HyVee on Rochester, and noted concern over design of retaining wall and other 'trees 'in connection with grading on Rochester this year. Director, of Public ''Works advised of an informal meeting with property owners on Wednes- day concerning the paving project. Eugene Madison presented his application, for Sunday Sale Of Beer and Liquor for the Boulevard Room, 325 E. Market. The Mayor said it would be checked over, and if approved,'adopted with the other permit applications, Robert Welsh', Chairman of the CableTelevision Committee presented their second report on areas as indicated in the 1st report, and advised of four additional steps to be taken at this time. He also requested consideration for use of a pro- fessional consultant.' Their next report as soon as possible, this fall. It was moved by White and, seconded by Connell that the minutes of the Housing Commission meeting of June 20, 1973, the Human Relations Commission meeting of June 18, 1973 and the Riverfront Commission meeting of July 5, 1973 be received and filed. Motion carried. It was moved by ;White and seconded by, Connell to adopt the Resolution to: issue annual cigarette permits. Upon roll call Hickerson absent, White, Brandt, Connell and Czarnecki voted 'aye'. Motion carried • It was moved by ',White and seconded by Connell to adopt the Resolution to approve ,Class B Beer Sunday sales, permit applica- tion for Big 10 Inns and Hamburg Inns, ,Inc;, dba/Hamburg Inn #1, 119 Iowa Ave.; Upon roll call white, Brandt, Connell,, and Czar- necki voted 'aye', Hickerson absent. Motion carried. -2- COUNCIL MINUTES • JULY 10, 1973 It was moved by White and seconded by Connell to adopt the Resolution to apppove the Class C Liquor License applica- tion for V.F.w. #2581, 1012. S. Gilbert. Upon roll call Brandt, Connell, Czarnecki and ',White voted 'aye', Hickerson absent.' Motion carried. It was moved by Connell and seconded by White to adopt the Resolution to approve Class:C'!beer permit application for Osco Drug, 120 E. 'College. Upon roll call Connell, Czarnecki, White and Brandt voted',,'aye', Hickerson absent. Motion carried. It was moved by White and seconded by Connell to adopt, the Resolution to approve the Class C beer permit application for John Alberhasky, dba/John'sGroceries, 401 E,' Market. Upon roll call'Czarnecki,'White, Brandt and Connell voted aye', Hickerson absent. 'Motion carried. It'was moved by White and seconded by Connell to adopt the Resolution to approve the Sunday Liquor Sales permit application for,the Boulevard Room, 325 E. Market: ,Upon roll call Hickerson absent, White, Brandt, Connell and Czarnecki' voted 'aye' Motion' carried. The letter from Thomas Martin, representing Deadwood Tavern, ,requesting permission,to'-use deck space on the Clinton Street Mall for retailsale of liquor and food; the :letter' from M. Dugger, ThelGoody Shop, Clinton Street Mall, request- ing permission to sell 'goods through a serving window to the deck'; the letter from Glen & Harry Epstein, Epstein's Bookstore, Clinton Street, Mall, requesting use of the deck area; and letter from Kenneth:Holdeman, Buc Leathers, Clinton Street Mall,' requesting use of modular deck area, were considered together. The City Manager, reported that the Staff had discussed leas- ing arrangements, and recommended,dealing with', tenants on an individual basis. Those appearing were Tom'Martin represent- ing Strabala dba/Deadwood Tavern; Glen Epstein, Epstein's Bookstore; Louis Meyer,, Bushnell's Turtle'; and Kenneth Holdeman, Buc Leathers. The City Attorney advised that arrangements Sor the Thursday Grand Opening would be temporary, final agreements to be made 'later. It was moved by Connell and seconded by ,White thatl,the four, letters be received and filed and referred to the City Manager to report back to the Council. Motion carried. It was moved by Connell and seconded by White that the letter from Robert Belding', 608 Whiting Avenue, concerning water skiing on the Iowa River be received and filed. Motion carried. (City Manager's report on the River, later in meeting.) i I -3- COUNCIL MINUTES JULY 10. 1973` • It was moved by White and seconded by Connell that the letter from Wayne Walters, Director of Johnson County/Muni- ci.pal Civil Defense 'Agency, announcing a meeting of all mem- bers on July 11, 1973,,be received and filed and referred to the Mayor and the City Manager. Motion carried. It was moved by White and seconded by Connell that the letter from Roman Gribbs, President of the National League of Cities, inviting the Mayor of Iowa,City'to establish member- ship with the International Union of Local Authorities, be received and filed. 'Motion carried. It was moved by,White and seconded by Connell that the copy of the letter from David'Belgum, Mayor of University, Heights to President: Boyd, University of Iowa," concerning: support for the northerly alternate for Melrose Avenue Relocation thru University Heights, be received and filed. Motion carried! It was moved by White and seconded by Connell that the letter from Ma rshalll'Oxley;:Colonial Bowling Lanes, request- ing a street light to the entrance along Highway 218''in'front referred to the City Mana- gerColonial Lanes, be received ;and Y ger 'for reportlback,to the Council. Motion carried.' It was ,moved by Connell and seconded by 'Czarnecki that the rules be suspended and the second „read ing of the 'Ordinance Amer{ding Zoning ordinance Establishing Standards and'Require- ments for Signs, be given by, title only. Upon roll call Brandt, Connell, Czarnecki and White voted 'aye',Hickerson absent.' Motion carried and second reading given by 'title only. itwas moved by White and seconded by Connell to defer the third reading of the Ordinance rezoning Frantz Construction Company ,& General Growth Properties on Highway 6 Bypass from RIA to PC Zone, until July'29th when Councilman Hickerson will. be ;present. Motion carried. The City Attorney recommended acceptance of the bid from Glenn.Roberts for $37,600 for purchase of Parcel "A", excess land from the Gilbert/Linn Widening Project and referral of the remaining two parcels of land back to him for considera- tion of{another procedure. It was moved by White and seconded by Connell to adopt the Resolution Awarding Bid for, Parcel A',< Gilbert/Linn property. Upon roll call Connell, Czarnecki, White and Brandt voted 'aye', Hickerson absent. Motion carried. It was moved by White and 'seconded by Connell that the City Manager and the City Attorney be instructed to investigate dis- position of the other, two parcels and report back to the Council. Motion carried. The City Manager requested deferral of the Resolution: Approving and Providing for the Execution of the First ,Amenda- tory Contract, Amending Loan and Capital Grant Contract Iowa R-19, for: one week. It was moved by White and seconded by Connell that, ied. the Resolution be deferred for one week. Motion carr -4 - COUNCIL MINUTES JULY 10, 1973 The following resolutions were considered to initiate the Transit', Building Modification Project Contract. The City Manager explained that this project was in the 'agree anent with the Department of Transportation under- (;rant DOT Project No. Ia-03-0004. CityEngineer George Bonnett' pointed out the improvements to be made. It was moved by White and seconded by Connell to adopt' the Resolutionlsetting public hearing on the Resolution of Necessity ',for July 31, 1973. Upon roll call Connell, Czarnecki, White and Brandt voted aye', ickerson absent Motion carried. It was moved by Connell and seconded by White to adopt the Resolution' Directing Engineer to Prepare Plans and Specifications. Upon roll ball Czarnecki', White, Brandt and Connell voted 'aye',; Hickerson absent. .Motion carried. It was moved by Connell and seconded by Czarnecki to adopttheResolution setting Public Hearing on the Plans, Specifications and Form of Contract for July 31 1973 and Receipt of.Bids on August 2; 1973. Upon roll call White, Brandt,'IConnell and Czarnecki voted 'aye', Hickerson absent. Motion'carried. it was moved by ,Connell and seconded by White to approve the application to the Iowa State Highway;, Commission from ' Sycamore Investors, Inc. for construction of '!a storm sewer' south of Sycamore' Investors' Mall Shopping Center, done in 1966 and 1968. Motion carried. It ;was moved by White and seconded by Connell :to adopt the Resolution Approving Contract and Bond for Lincoln Develop- ment, Inc. of Marshalltown for the Old Landfill Lift Station Replacement Project.` Upon roll call Connell, Czarnecki, White and Brandt voted 'aye,', Hickerson absent'. Motion carried. It was moved by White and seconded by Connell to adopt the Resolution Establishing a Stop Sign at the Green Mountain Drive Intersection with Washington Street. Upon roll call Czarnecki, White,, Brandt and Connell voted 'aye', Hickerson absent. Motion carried. It was movedlby Connell andseconded by White to adopt the Resolution Accepting Sanitary Sewer Improvements serving Braverman Center, Blocks 1,5,6 57 :as well as Kodros Trailer Court, the easements now having been submitted by the develop- ers. Upon roll call Hickerson absent, White, Brandt, Connell and Czarnecki 'voted 'aye'. Motion carried. The City Manager requested that sidewalk for 1430 and 1506 Rochester Ave. be postponed to the 1974 program, so that the Staff can consider alternatives.'; It was moved by Connell and seconded by White to adopt the Resolution Approving amendment to the Contract for the 1973 Sidewalk Assessment Program by deletion of sidewalk and retaining wall at 1430 and 1506 Rochester Avenue. Upon roll call Brandt, Connell, Czarnecki and White voted 'aye', Hickerson absent. Motion carried. -5- COUNCIL MINUTES JULY 10, 1973 . The City Manager presented his report concerning warning signs for the Burlington g Street Dam. It included the proposal i P from John Dooley, Asst. Business Manager for Trnnfiportat ion Cor the University' of Iowa, and statedthat an 01-dinancr Banning Boating on the Iowa River south of the Iowa Avenue Bridge to the Burlington Street ,Dam ,will be on the agenda of July 17th for Council consideration.! He requested that his report be forwarded to the Riverfront Commission for their' recommendation. It was moved by White and seconded', by, Connell that the City Manager's report' be received and referred to the Riverfront Commission for recommendations back to the Council. Motion carried. It was moved, by White and secondedsby Connell that the Project Area Committee report of grievance hearing of Joseph Kinney, be received and a Council grievance hearing set for July 17, 1973 at 4:OO P.M. The Mayor announced that this was the time set for public°hearing on the plans, specifications-and-form of con- tract for the First Avenue Realignmect Project from Bradford Drive to Highway 6 Bypass. Robert Welsh appeared concerning spur. It was moved by Connell and'seconded by Czarnecki to Ladopt'the 'Resolution Approving Plans, etc. ',Upon roll call Connell, Czarnecki, White and Brandtivoted 'aye', Hickerson absent. Motion carried. The Mayor (then declared the hearing closed. The Mayor announced that this was:the time set for public hearing on the rezoning of Tisinger property at 812 Second Ave. from R1A to R2 zone, as approved by Planning and Zoning Commis- sion. Director of, Community Development Dennis Kraft summar- ized the request including rezoning of Lots 5,6 and 8, as in following public hearing.' There being, no interested persons present to speak for or against the rezoning, the Mayor declared the hearing closed. The Mayor announced that this was the time set for 'public hearing on rezoning Lots 56 and 8, Block V, EIC Addition from R1B to R2 zone, in conjuction with the Tisinger request, approved by Planning and Zoning, Commission. There being no interested persons present to speak for or against the rezon- ing, the Mayor declared the hearing closed. City Attorney Jay Honohan presented his peport requested by the Council concerning the proposed initiative•and.referen dum provision for the Charter. He recommended that this(opin- ion be referred back to the Charter' Committee for additional consideration and that action be deferred on the Charter until resolution of the Des Moines case. It was moved by White and • seconded by ,Connell that the City Attorney's report be received and filed and referred to the Charter Committee to report back no later than July 17, 1973. Motion carried. -6- COUNCILMINUTES JULY 10,:1973 • The City Attorney also reported on the request by the Health Department concerning space for approval by the Health Department on current Beer and Liquor License 'forms. He noted that the forms are distributed by the State Beer s Liquor Departments, and any change in the form should be at the State level.' ,The Mayor asked the Attorney-to'convy his recommenda- tion to the Johnson County Health Department. The City Attorney requested an executive' session to discuss the appraisal for the Nash property east of the Recre- ation'Center. It was moved by Connell and seconded by;White to adjourn to executive session to 'discuss the appraisal for Nash Property. Upon 'roll call Czarnekci, White, Brandt and Connell voted ',aye', Hickerson 'absent. Motion carried'. 'I • COUNCIL DISCUSSION !JOINT MEE'PING WITH HOUSING COMMISSION JULY 10, 1973 The Towa ICity City Council met in informal session with the Iowa City,;ilousing Commission at 12:30 P.M. on the 10th day of July, 1.973 in the Conference Room of the Civic Center. Councilmen present: Brandt, Czarnecki and White. Absent: Connell. and Hickerson. Housing Commission members present: J.C.'Whi.te, Flamer, Duncan, Litton, Frimml, Bosser- man, Mikelson,,Stier, Seydel. 'Others present: Wells, flonohan, Maune, Kraft, Zelenka Rosens'tein,',Stolfus: Mayor Brandt suggested that Housing Commission Chairman Jack White outline previous proceedings concerning the Tenant Landlord Ordinance', which Mr. White did, noting that the Commission had made severalrecommendations in April. The Council discussed whether the Commission would have time to study the need for a Tenant-Landlord ordinance, and the legal. complications. City Attorney, Jay Honohan noted that the Bar Association favored statewide legislation, an Ordinance being the least satisfactory method, and that the National Tenants Associations do not prefer an Ordinance but action by the Court. Ile stated that he did not know the present status of the Uniform Resi- dential Landlord-Tenant Act. Mr. Honolian then explained his May 4th memo. The Council discussed occupancy permits;, inspection on complaint basis; the 'need to sift out the ordinances presently covering housing; uniform lease; enforcement problems; and security deposits. City Manager Rayl Wells advised that the administrative, interns and legal staff had started to consolidate the housing ordinances. The'Mayor asked if the Housing' Commission could make a recommendation concerning the need for an Ordinance' and provide the supporting evidence. The Commission concurred that it could if some legal advise and assistance were pro vided. The City Manager suggested that the documentation of need could show the need for tightening up regulations or more manpower; and that the problems need to be identified. Resources suggested were the Inspection Department, PAT, the Iowa City Apartment Association, the. City Manager and the City Attorney Department. The Mayor' commented that the Commission is charged to • gather information and data from a layman's approach to establish whether or not policy decisions should be made by the Council. The Chairman' indicated that it could be done by September lst. I JOINT MEETING WITH CHARTER COMMISSION COUNCIL DISCUSSION JULY 17, 1973 12:30 P.M. The _Iowa City, City Council met in informal session with the Charter Commission at 12:30 P.m. on the 17th day of July, 1973 in the Conference Room; at the Civic Center. Councilmen present: Brandt, Czarnecki, White, Connell (12:55). Absent: Hickerson. Charter Committee members' present: ChairmanWilliam Meardon, Pat Cain and Penny David- son. Others present: Wells, Honohan', Klaus, Kraft, Stolfus, Zelenka, Maune,' Rosenstein._ theThe Mayor announced' discussion of the Charter, and of ,City Attorney's letter of July 10th on proposed'initia- ticn and referendum provision for the Charter. Chairman Meardon explained their amendment on page 17, Section 7.01 B 1(e) to insert the words ''and Revenue" after the word "Obligation"'.- In'answer ',to the question on the committee's feeling on an election',timetable,'he noted general'concen- sus 'of no specific timetable,' that this was in the',province of the Council. Council discussed'provisions for, amending the Charter; role of the Committee during election; they would 'campaign for it, glad to participate',and explain.; The City Attorney explained the recommendations presented in his letter. The Mayor thanked the Committee for their work on the ;Charter. The Chairman of the Committee then thanked the Council and the; staff, for their, help. Mayor Brandt announced executive session to discuss appointments to the; Housing Commission, and reminded Council of special meeting at 4:00 P.m. on, Friday for action on the Charter when Councilman Hickerson is present.' The Clerk was asked to get information on publication for the Charter. The City Attorney advised that the Ordinance on use of the Iowa River was on today's formal agenda.