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HomeMy WebLinkAbout1973-07-24 Minutes numberedMINUTES OF,A REGULAR COUNCIL MEETING 1111Y'24 1973 4:00 P.M. The Iowa City City Council met in regular session on the - 24th day of'July,11973 at 4:00 P.M. in the Council Chambers , of the Civic Center. Members present: Brandt, Connell, Czarnecki, Hickerson and White, ,(4:10). 'Absent: None. Mayor Brandt; presiding. The invocation was given by Pastor 'Paul Sandin, First Baptist Church. It was moved by Hickerson and seconded by Connell that the amount read be considered a'full reading and that the minutes of the regular council meeting of July 17, 1973 and the adjourned meeting of July 20, 1973be approved subject to ;correction. Motion carried.' It was moved by Hickerson and seconded by Connell that the bills in the amount of $694,452.44 be approved, subject ',audit. to Motion carried. It was moved by Hickerson and seconded by Connell that the minutes of the Planning..and„_Zoning.: CZommission meeting,of July 12, 1973and ',the Library Board meeting of June 121, 1973 be :received and filed. Motion .carried.• It was moved by Connell and ,seconded by Czarnecki to adopt the Resolution to Approve Class C Liquor Control License application for T•uck's_'P1ace,._210 North.Linn.Upon roll call. Connell, Czarnecki, Hickerson and Brandt voted 'aye', White absent. Motion carried.' Councilman White arrived, 4:10 P.M. The City Clerk advised that the City Attorney had requested authorization from the Council for, permission to obtain an Attorney._General s opinion, concerning__the__application_from_ the_ _BPO Lodge I,( _Elks for a Sunday Sales Liquor permit. It was moved by Connell and seconded by Czarnecki that the City Attorney be so author- ized. Motion carried. It was moved by Hickerson and seconded by White to adopt the Resolution to refund Beer & Liquor :License Permit for R.A.B., Inc. dba/The.,.Pub,,,.330 E Washington. Upon roll call Czarnecki, Hickerson', White, B"1 randt and Connell voted ''aye'. Motion carried. It was moved by White and,seconded,by Connell to adopt the Resolution tolapprove Class B Beer' Sunday Sales Permit' application for Lums., 1250 Highway,#6West.' Upon roll call Hickerson, White, Brandt, Connell and Czarnecki voted 'aye,'. Motion'; carried. P9 • a e 2 COUNCIL CIL MINUTES JULY 24, 1973 It was, moved by Connell and seconded by White to adopt the Resolution to approve Class B Beer :Sunday Sales Permit application for the Pizza Hut.,_.1921 Keokuk-Street:._._Upon call White, Brandt, Connell, Czarnecki and Hickerson voted 'aye' Motion carried.- It was moved by Connell and seconded by Hickerson to adopt the Resolution to, i,ue'Cigarette_Permits._'Upon roll call Czarnecki, Hickerson, White, Brandt and Connell voted 'aye'. Motion carried. It was moved by White and seconded by Connell to adopt the Resolution approvingClass C Beer'& Liquor Control License application from Georg.a's_Buffe.t.,.312.,E...Market.., Upon roll call Brandt,, Connell, Czarnecki, Hickerson and White voted 'aye' Motion carried.. It was moved by White and seconded by Connell to adopt the Resolution approving Class C Beer Permit'` application for -Bill I 80 &_Hwy. #1. Upon roll call Connell, Czarnecki, Hickerson, White, and Brandt voted 'aye'. Motion carried. It was moved by Connell and seconded by White to adopt the Resolution, approving Class C Liquor Control License application _ PP for_Madu_,_Inc_._,�dba�t�a-Ma Pi c c � , a ha_ shit Brandt Dubuque. :Upon roll call Czarnecki; Hickersonn,, Bra White, ndt & Connell voted .'aye'. Motion carried. It was moved by White and seconded by ,Connell that the letter from Elliott Full, President of Radio Station KXIC,- concerning _public ownership of_Cable Television be received and filed and a copy sent to the CATvLComm ttee, Motion f carried. — It was moved by Hickerson and seconded by Connell that the letter from Sue Cooper and Julie Sarchet concerning summer_activ_ities for highschool_age_,y_outh,__be received and filed and a copy provided for the Parks and Recreation:'' Commission for their recommendation back to Council. Motion carried. It was moved .by Hickerson and seconded by Connell that the letter from Robert Hilgenberg, Executive Director of the .4 Commission, concerning an City's 1974 Re conal Planning_C , g Iowa .asses.sment_as bean $96.,8.5.0.00:, be receivedd filed ' g-.. Motion' carried. It was moved by Hickerson and seconded by Connell that the letter from Harry-Os:trander._.announcing'., resignation his rsignaton - v from, the Parks and Recreation Commission be received and filed ,and Mr. 'Ostrander be advised of the Council's appre- ciation for his services vices on the Commission. Motion carried'.. Page 3 COUNCIL MINUTES JULY 24, 1973 It was moved by White and seconded by Connell that the letters from Edward Mezvinsky, Representative of First District and Dick Clark, Senator for Iowa, concerning Iowa City's HUD _project' K_ant,_bje- received. and filed. Motion carried. It was moved by Hickerson and seconded by Connell that the letters from Dennis Govert, Br,adford Titus, Linda Melos,, Kathleen Kirchner and Bill Swisher, Director of University Recycling Program, concerning recyglin og.Ka f qiz __--g—pK— -—!cLv.q—Cj y be received and filed and copies provided for:appropriate committees of the City and the Johnson County Commission on -Environmental Quality, ;Motion carried. City Manager Ray Wells reported on the status of the Project. It was moved by Connell and seconded by Hi6kerson that the letter from Mrs. Nat Sidell, Beverly Hills, California, requesting general information about Iowa City_;las_ Lljq­hAg not received an answer from the Chamber of Commerce to a previous request, be received and filed and a copy of the letter directed,to the Executive Secretary of 'the Chamber of:Commerce. Motion carried. It was moved by Hickerson and seconded by:Connell that the letter from Marilyn;Trumpp, Secretary of the Board of Trustees of ',the Iowa City brg�Ky gLq ncerning —e—mp Lo_ ygpL-pay­ chedule — compliance and;additional cost affecting operating budget during second half of 11973, be received and filed and referred to the City Manager for its implications related to the budget. Motion carried. City Manager Wells asked that the Sign Ordinance.d' cussion be deferred until after Item 24 has been discussed.: It was moved by Connell and seconded by Hickerson that Item 8 be deferred until after Item 24. Motion carried. It was moved by White and seconded by Connell that the rules be suspended and the second reading of ­ the Ordinance , rezoning Tisinger_pKqpg�r,j�y...Ip�pa:�qO-,-.at._Q.1.2:_Se�zond Ave. from Rfff o R2 zone, be given by title only. Upon roll call Hickerson, White, Brandt, Connell and Czarnecki voted 'aye'. Motion carried and second reading given by title only. It was moved by White and seconded by Connell that the rules be suspended and the second reading of the ordi- nance rezoning. Lots- 5 ,6,- and -.,8,,.. Block 5.,­EIC.,­ f rom RlB­ to R2,.,zone.,—be given by title only. Upon roll call White, Brandt, Conn �11, Czarnecki, Hickerson voted 'aye'. Motion carried and second reading given by title':only. reading_.given It was moved by Hickerson and seconded by White that the rules be suspended and the third-, reading .,o.,f.,,...t.h.el..,Ordi.,n.an,ce Rezoning proper.ties .,.southeast. of. the,, intersection of Sycamore and Highway,,..6,..,.BT- -pas sf rom,.:RlA,,to R.C. Zone, requested by Frantz Const. Co. and General Growth Properties, be given by title only. Upon roll c i all Brandt, Co nnell, Czarnecki, Page 9 COUNCIL MINUTES JULY 2,4, 1973, Hickerson and White. voted 'aye'. Motion carried, and third reading given by title only. It was moved by Connell and seconded by Hickerson to adopt the Ordinance. Upon roll call Connell, Czarnecki,_ Hickerson, White and Brandt 'voted 'nay'. Motion not adopted, 0/5. Each Councilman commented on the reason for his, vote. The Mayor announced that this was the time set for the for adjourned pgb_.3.G—hear ng_on_the Res_ol.ution.:_of Necessity the.19.7.3_Raving._Assessmen.t-Rrogr.am, Public Works Director _LC �� -- Ralph 'Speer 'outlined the seven alternativfor—es paying of Rochester_Avenue,:and noted 95% objectors. He also stated 99.68,obiectors`for t_ he_East/West Alley in Block 6, Lyon's " Se.condAdditon.;,After discussion, it was moved by Connell and seconded by Czarnecki .to amend the ';Resolution of N33', sity by reducing the width of 'paving for Rochester, to 33', aligned with the north curb of ,a future 45' wide facility. motion carried.l Mr. Speer noted that this in^effect means that the north curb line will be located 11 1/2ft north of the centerline of the existing 66' right-of-way. In addi- tion'the cross sectionwouId be 'such t there would be a 'tha 4' section back of the • curb_ constructed on the slope 1/3" per foot, and from there back, the slope would bee a maximum of 2:i or'a minimum of 4:1 whichever can be best utilized,=to preserve the greatest number of trees.`It was moved by ,Connell and seconded by Czarnecki to.delete_ho-th the-North/South_and_the_East/West Alleys in Block„ 6,,.,,Ly_on_..s, Second_ Addition,, Motion >carried 4%1, 'White voting 'no'. It was moved by White and seconded by Hickerson to adopt the Resolution 'Amending_the Pe_s_O-Lution o.f_.N.ecessity.:. roll call Czarnecki, Hickerson; White, Brandtand Connell voted 'aye'. Motion carried. JIt was moved by Connell and seconded by Czarnecki to'adopt 'the Resolution, of'_Neces,sty,, nnell as_Amenaed- Upon roll callickersmovedhbyeConnelltandoseconded and Czarnecki voted 'aye'. g_._ger to by Hickerson'to adopt the Resolution Directing the En Brandt, _P.repare:_Plans_,,_ etc.__ Upon roll, call Hickerson, White, Connell and Czarnecki voted 'aye'. Motion carried. Lt was moved'by Hickerson and seconded by Connell to adopt the Re so lution Ordering,,Construction, Setting, Public Hearing o1973ans for; August ,14, 1973 and _receipt of .bids on_;Ap t,,,16,,,.,, Upon roll call White, Brandt, Connell, Czarnecki and Hickerson voted ''aye'. Motion carried. It was moved by!Czarnecki and s received from Donald seconded by Connell that the objection Griffin and L.L'.+ le for paving of al Mabel Houvenagleys in, Block ',6, Lyon's Second Addn. be received `and filed. Motion carried. It was moved by. White and seconded by Connell that the rules,be suspended and the second re,ading:of the ordinance Pro- rules ro- h biting Activities on. Iowa,River,Between the enlbwatitle nue Bridge and the Burlington Street Dam, be g' Y only. Upon roll call Brandt, Connell, Czarnecki, Hickerson and White voted''aye'. Motion carried, and second reading given byltitle only.' Page 5 COUNCIL MINUTES JULY 24, 1973 It was moved by White and seconded by Connell to adopt the Resolution AParoving_thp—Contract_and._Bond...for-_Me.tro._Pay.ers, /0/5 Inc. on the First Avenue_. Realignment,, Project.. ...Upon roll call Connell, Czarnecki, Hickerson,,White and Brandt voted 'aye'. Motioncarried. It was moved by Hickerson and seconded by Connell to adopt the Resolution Accepting the_work for the 1972 Assessment done_by Metro Pa_v_ers.,._Inc;., Upon roll call Czarnecki, _PKogram Ilickerson,;White, Brandt and. Connell voted 'aye'. Motion carried: _ It was moved by Connell and seconded by White to adopt the Resolution Accepting the Work; on the Gilbert Street PavingU Program done by ,Metro Pavers.', Upon roll call'Hickerson, White, Brandt, Connell and Czarnecki voted Faye'. Motion -carried. It was moved by Hickerson and seconded by White, to adopt the Resolution Accepting_the Sanitary Sewer Improvements in enny Dryn, Part II, done by Knowling Brothers. Upon roll call.White,' Brandt, 'r'Connel,l, Czarnecki and Hickerson voted 'aye'.' Motion' carried. It was moved by Hickerson and 'seconded by Connell to adopt the Resolution Acceptingthe'Street,Impro_v_ements ,in_, penny­.ryn;_Part SII,: including Teg Drive, Mair Avenue, Gras_ 'by lon._Dr,ive,and_Estron.Street, as'done Metro Pavers, Inc. Upon roll call Brandt, Connell, Czarnecki, Hickerson and White :voted '''aye'. Motion carried. It was moved by Connell and seconded by White to adopt the Resolution Authorizinq the final payment ofn / U nc. on hcallgConnell, landn rollfr Czarnecki,fHickerson, White Brandt^ voted'aye'. Motion; carried. It was moved by White: and seconded by Connell that the .. Reso,lFirst..Am6ndatory X Contract.-AmendingfLoan and Capital Grante C.ontr,ac,t„IoWa_.R714..,.be deferred,_nnti.l_next week. Motion carried. The Mayor announced that this was the time set for the r.ievailee'_hearing_for Joseph Kinney concerning claim for payment in lieu of moving expenses for the Annex, inc:, in Urban Renewal Project Iowa R-14. Atty. Rober,ty Downer appeared stating that, the claimant was the corporation, The Annex, Inc., and that the business could not be relocated without a substantial loss of existing patronage. Director of Urban Renewal Jack Klaus noted that the Project Area Committee had denied the claim, and that the 'Staff felt that it could'. be relocated without loss of, patronage. After discussion, it was moved by Hickerson and seconded'by Page 6 COUNCIL MEETING JULY 24, 1973 Czarnecki that the claim be denied. Motion carried. Connell abstaining; 4/0. this was time set for lic The Mayor or announced that pub U c.. rezoning__of__Bryn_. MaKr_He.ghts,,-Part 5 from R1A ,hearing_on^the to R1B zone. Director of 'Community Development Dennis Kraft explained the rezoning and noted approval by the Staff and the Planning and Zoning Commission. Attorney Charles 'Barker com- mented'that the corner omitted would be in the'next subdivi- sion.There being no other 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 forup blic_. hearing on the rResolution;of__Neces,sity,_for___the_ 1973 Surface Treatment -with Base Pre aarration_Project,_,on,._Mormon Trek 'Blvd., Sycamore Street,,Rohret"Road and Melrose Avenue. There being no interested persons present to'speak!for or against the ,project, 'the Mayor declared the hearing closed. It was moved by Connell and seconded by Hickerson to'adopt-.the; Resolution-of~Nece.ssity_.__,Uponroll call Czarnecki, Hickerson, White, 'Brandt land Connell votedl'aye': Motion carried. Councilman White commented on the Johnson County _ plans for south of Rohret'Road. The Mayor announced that this was the time set for public hearing on the plans,_ specifications and form of contract for the 1973 Surface Treatment with Base .Pre - Z ran Project` There being no interested persons present ;patio �i to speak for or against the plans, the Mayor declared the hearing closed. It was moved by Connell and seconded by White to adopt the,Resolution Approving the Plans, etc. Upon roll 'call Hickerson,' White, ,Brandt, Connell and Czar- necki -voted 'aye'. Motion carried. Mayor Brandt declared a five minute recess. The meeting reconvened with discussion of Iters 8, de - of the beginning of the meeting, amendments to the /-�!..•• ' Sign_ Ordinance.. Director of Community' Development, Dennis Kraft, read the suggested amendments, and each was voted upon. It was moved by Hickerson and seconded'by Connell to amend Sec. 2.A by adding 'visible from!,public right-of-way after the word "structures", in first sentence. Motion carried. It was moved by White and seconded by Connell to amend Sec. 3.2 as per City Attorney's memo of Jaly 6th concerning construction signs. Motion carried. It was moved by White and seconded,,. by Connell that,l,the amendment in the City Attorney's memo of July 6th 'concerning political'cam- paign signs be adopted. Motion not adopted,,' Brandt, Connell, Czarnecki and Hickerson voting 'no'. It was moved by Connell and seconded by Czarnecki that the amendment in the City Attorney's memo of July 6th, concerning Amortization be adopted. Motion carried. I it It Page 7 COUNCIL MINUTES JULY 24, 1973 It was moved by Connell and seconded by Czarnecki that there be added to Section 4 a No. 12 to the list of prohibited signs, as 'All projecting signs projecting over the public right-of-way are prohibited,.except,the time and temperature signs containing no advertising, not exceeding 25 sq. ft. in area w r and located in a C or M zone would e er mi tted. Motion b p carried. It was moved by Connell and seconded by Czarnecki to amend Section 7.B.1 to read: 'One on -premises identification and/or advertising facia sign should be allowed provided that its size would not exceed 108 of the area of the face` of the front of the building occupied by the business as advertised by the sign, with a maximum of 75 sq. ft.', with the last sentence to remain as is. Motion carried., It was moved by White andsecondedby Connell that Sec. 7.A.2 be, deleted. Motion carried. It was moved by Connell and seconded by Hickerson to add to Sec. 12.0 a subsection 7 as follows: In all CH zones which are.adjacent.to or in close proximity of Federal Interstate Highways or Federally', Designated Freeways, all signage shall conform to applicable =Federal or State_regula- tions. Motion' carried. It was moved by Connell and seconded by Hickerson to, amendSection9.B.2 to read: 'One on -premises identification and/or advertising facia sign shall be allowed provided that it shall not exceed 10% of the area of the face of the front .'wall of the building occupied ied bY the business as advertised t sen- tence no maximum would be stated, and the las by 'si the g concerning illumination would be included. Motion adoptee. It was moved by Hickerson and 'seconded', by Connell to amend Sec. 10.`B.1 to read; One on- remises:ide ntification and/or advertising:facia sign ,shall be allowed provided that it shall not exceed 20% of the area of the face of the front wall of -the building occupied by the business as advertised by the sign', the°last sentence was not deleted. Motion adopted, White voting 'no', stating he thought 208 was too much. It was moved' by Hickerson and seconded by Connell to amend Sec.'11.B.1 to read: -'One on -premises identification and/or advertising facia sign shall be allowed provided that it: shall not exceed 20% of the area of the face of the front wall of the building occupied by the business as advertised by the sign', last sentence not deleted. :Motion carried, White voting 'no''. It was moved by Connell and seconded by Hickerson to amend Sec. 12.B.1.a to read: 'One on -premise identification facia sign ,not to exceed 202 of the area of the face ofthefront of the building as advertised by the sign', with no maximum. Motion carried, White voting 'no'. It was moved by White and seconded by Connell to delete Section 23.. Motion carried. It was moved by White and seconded by,Hickerson to amend Seca 18 by deletion of the words 'or maintain'' in .the second line. Motion carried. It was moved by White and seconded by Connell to, amend Sec. 22 by deleting the words "3 -year" in the second line.. Motion carried. 'It was moved, by Connell and seconded by White Page 8 COUNCIL MINUTES JULY 24, 1973 to delete from Sec. 24, Paragraph A and the last -sentence in Paragraph B; in Sec. 20. I, delete, the words', "and bond Motion carried. It was moved by Connell and seconded by Czarnecki to amend Section 14.B (the third line) by addition after the words "City of Iowa City", the words 'or tenants''; then end the: sentence after the words, "allowance to the City.", thereby deleting the rest of the', original first sentence. Motion carried. The City Manager noted concern with Insurance section and noted he would discuss it with the City Attorney. It was moved by White and seconded by Connell that the rules be suspended and the first reading of the ordinance Amending the Zoning Ordinance Establishing Standards and Requirements for Signs as amended above, be given by title; only. Upon roll call White, Brandt, Connell, Czarnecki and White voted 'aye'.Motion carried and first reading of the Ordinance ,given by title only. The Mayor presented the Ordinance_Changi-ng the Name_of Certain_.Platted: Streets__in Zowa�City,,^:which would change Gilbert Street South of the railroad tracks to Highland,Ave. to "Gilbert Court"; change Sand Road, South of Highway 6 Bypass, to "Gilbert'Street; and ,change Linn Street, South of Kirkwood Ave., to "Gilbert Also, the unnamed street from Bowery ;to Kirkwood Ave. would be named Gilbert, effective on Januar Street. The Ordinance would become e Y 1, 1974, to allow for the necessary changes'_that would need to be made. It was moved by White and seconded by Connell that the rules be suspended ''and the Ordinance be given the first reading by title only. Upon ,roll call Brandt, Connell, Czarnecki, Hickerson and White voted 'aye'. Motion carried and first_read.ing:_given_by___title_on1y. C> r — City Manager Ray Wells noted that the g tal:_Improve= ments Program included scheduling commencement of the Ralston nc., Creek ~Project. He requested authorization to initiate action 'by interviewing consultants, to .file application to the 'Soil 'Conservation Service,, which directs them to conduct proper studies and coordinate activities with `the City; and to file application with the Corp of Engineers for the same action. It was moved by Hickerson and seconded by White that the City Manager be so authorized. Motion carried. offices_ necessary._for the renov tion of th_engeacrossoGilb The City Manager also commented tion. -of the Civic Center. He discussed leasing o Gilbert Street at $600 a month, fora 3-m6nth period or using the Weart Estate house just purchased, on Iowa Ave. for the Community Development Dept. offices. Public Works Dept. will be moved to the .Water Treatment:.P.lant building. It was moved by Hickerson and seconded by Connell to authorize the City Manager to seek temporary quarters. Motion carried.