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HomeMy WebLinkAbout1973-07-31 Council minutes• MINUTES OF A REGULAR COUNCIL MEETING JULY 241 1973, 4:00 P.M. The Iowa City City Council met in regular session on the 24th day of July, 1973 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 givenby 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, 1973 be approved subject' tocorrection. 'Motion carried. It was moved by Hickerson and.seconded by Connell that the bills in th'e,amount of $694,452.44 be approved, subject to audit: Motion carried. Y was moved by Hickerson and seconded, by Connell that the minutes' of the Planning and zoning Commission, meeting of July 12, 1973 and the Library Board meeting of June 21,'1973 :be received and filed,. Motion.carrie a. It was moved by Connell and seconded by Czarnecki to adopt the Resolution toApprove Class,C Liquor Control License application for Tuck's Place, 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 Elks Lodge 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, Brandt and Connell 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 application for Lums, 1250 Highway #6 West. Upon roll call Hickerson, White, Brandt, Connell and Czarnecki voted 'aye'. Motion carried. Page 2 COUNCIL MINUTES JULY 24, 1973 It was moved by Connell and seconded by White to adopt • the Resolution to 'approve Class lB'Beer Sunday Sales Permit application for the Pizza Hut, 1921 Keokuk Street. Upon roll call 'white, 'Brandt, IConnell, Czarnecki and Hickerson voted 'aye'. Motion carried. It was moved by Connell and seconded by Hickerson to adopt the Resolution to issue CigarettePermits. 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 approving Class 'C'Beer & Liquor Control License application, from, George's Buffet, 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's DX, Interstate 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 approvingl'Class C Liquor Control License application for Madu, Inc., dba/Ma'-Ma Machacek's, 5 South - Dubuque. Upon roll call' Czarnecki, Hickerson, White, Brandt & Connell voted 'aye'. Motion carried'. It was moved by White and seconded by Connell that the letterlfrom Elliott Full, President of Radio Station KXIC, concerning public ownership of Cable Television be received and 'filed and a copy sent to the CATV Committee. Motion carried. -It was moved by Hickerson and seconded by Connell that the 'letter from Sue Cooper and Julie,Sarchet concerning) summer activities for high-school age youth', 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 Regional Planning, Commission, concerning Iowa City's, 1974 assessment, as being $46,850.00, be received and filed. Motion carried. It was moved by Hickerson and seconded by Connell that the letter from Harry Ostrander announcingl:his resignation • from the Parks and Recreation Commission be received and 1: filed and Mr. Ostrander be advised of the Council's appre- 1ciation for his services 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 grant, be received and filed. Motion carried. It was moved by; Hickerson and seconded by Connell that the letters from Dennis Govert,'Bradford Titus, Linda Melos, rKathleen Kirchner and Bill Swisher, Director of University Recycling Program, concerning recycling program for Iowa City, 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 Hickerson that the letter from Mrs. Nat Sidell,'Beverly Hills, California,. requesting general :information 'about Iowa City, as she had 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 Library concerning employee pay schedule compliance and additional cost affectingroperating budget during second half of 1973, 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 dis- 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 property located at 8121Second Ave. from R1A to R2'zone,,be,given by title only. Upon ',roll call Hickerson; White, Brandt,' Connell and Czarnecki voted 'aye'. Motion carried and secondlreading 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, from R1B to R2 zone, be given by title only. Upon roll call White, Brandt, Connell, Czarnecki, Hickerson voted 'aye'. Motion' carried and second reading ',given by title only. It was moved', by Hickerson and seconded by White that the rules be suspended and the third reading of the Ordinance Rezoning properties southeast of the intersection of Sycamore and 'Highway 6 By-pass from RlA to PC Zone, requested by Frantz Const. Co. and General Growth Properties, be given by ,title only. Upon roll call Brandt,' Connell, Czarnecki,, Hickerson and White voted •aye,. 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 adjourned public hearing on the Resolution of'Necessity for the 1973 Paving Assessment Program. atikcofr Ralph Speer outlined the seven 'alternves'forpaving tated Rochester Avenue; and noted 958 objectors. Aly yin Blocks6'',SLyon's 99.68 objectors for the East/west Alley Second Addition. After discussion, it was moved by Connell and seconded by Czarnecki to amend the Resolution of Neces- sity by reducing the width of paving for Rochester to 33', aligned with the north curb of a future 45' wide facility., Motion carried. Mr. Speer not that this in effect means that the north curb line will be located 1y north of the centerline of the existing 66' right -o way. In add- tion the cross ,section would be such that there would be a 4' section back of the curb constructed on the slope of 1/3" per foot, and from there back, the slope would be a maximum of 2:l or a minimum of 4:l whichevertreescan be,btswas the greatest number r o utilized to preserve l and 'seconded by Czarnecki to delete both d b Connell 6 Lyon's move y Block.. , Y the North/South and the East/West Alleys voting 'no'. Second Addition. 'Motion carried 4by Hickerson to adopt , It was moved by`.White and seconded by Resolution Amending the Resolution',of Necessity. Connell o the Res dt and roll call Czarnecki,'Hickerson,;White,IBra Brandt voted 'aye'. Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Resolution of 'Necessity, as Amended. Upon roll call Hickerson, White, Brandt, Connell and Czarnecki voted 'aye'. It was moved by Connell and -seconded irecting the Engineer to by Hickerson to adopt ,the Resolution` D Prepare Plans, etc. Upon roll call HickMotierson,riedWhite�Itrwastl Connell and Czarnecki voted 'aye'. moved'by Hickerson'. and seconded by Connell to adopt the Reso- lution Ordering, Construction, Setting Public Hearing on Plans for August 14, 1973 and receipt of bids on August 16, 1973. Upon roll call White, Brandt, Connell, Czarnecki and Hickerson voted 'aye'. Motion carried. It was moved by Czarnecki and seconded by Connell that the objections received from Donald Griffin and L.L. Mabel Houvenagle for paving of alleys, 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 reading of the Ordinance Pro- hibiting ,Activities_on,the 'Iowa River Between'thenIowatit- • 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 by title only. .F Page 5 COUNCIL MINUTES JULY 24, 1973 • It was moved by White and seconded by Connell to adopt the Resolution Approving the Contract and Bond for Metro Pavers, Inc on the First Avenue Realignment Project. Upon roll call Connell, Czarnecki, Hickerson, White and Brandt voted 'aye'. Motion carried. It was moved by, Hickerson and seconded by Connell to adopt the ResolutionAccepting the work for the 1972 Assessment Program done by Metro Pavers, Inc. Upon roll call Czarnecki, Hickerson, 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 Paving Program done by Metro Pavers.' Upon roll call Hickerson, White, Brandt, Connell and Czarnecki voted 'aye'. Motion carried`. It was moved by Hickerson and seconded by White to adopt the Resolution Accepting the Sanitary; Sewer Improvements in Penny Bryn, Part II, done by Knowling Brothers. Upon roll call White, Brandt;' Connell, Czarnecki and Hickerson voted aye'. 'Motion carried. It was moved by Hickerson and seconded by Connell to adopt the Resolution Accepting the Street Improvements in Penny Bryn, Part I1, including ',Teg,Drive, Mair Avenue, Gras - lon Drive and'Estron Street, as done by 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 Authorizing the final payment of contract on purchasing` Willow Creek Park from Penny Bryn, Inc. Upon roll call Connell, Czarnecki,' Hickerson, White and Brandt voted 'aye' Motion carried. It was moved by White and seconded by Connell that the Resolution Approving and Providing for the Executionofthe First Amendatory;Contract, Amending Loan and Capital Grant Contract Iowa R-14 be deferred until next week.' Motion carried: The Mayor announced that this'was the time set for the grievance hearing for Joseph Kinney concerning claim' for expenses for the Annex, Inc., in payment in lieu of moving Urban Renewal Project Iowa R-14. Atty. Roberty Downer appeared stating that the claimant was the corporation, The Annex, Inc..', and that the business s 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. The Mayor announced that this was the time set for public hearing on the rezoning of Bryn Mawr Heights, Part 5 from R1A 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 for public hearing on the Resolution of Necessity for the'1973'Surface Treatment with Base Preparation, 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. 'r It was' moved by Connell and seconded by Hickerson to,adopt'the Resolution of Necessity. Upon roll call Czarnecki,;.Hickerson, White,' Brandtand Connell 'voted ''aye'. Motion carried. Councilman',white commented on the Johnson . Countyplans 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- paration Project. 'There 'being ,no interested persons present to speak for or against the plans, the Mayor declared the hearing' closed. It was moved,by Connell Nand 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 Iten 8, de- ferred from 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 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'. IIt was moved by Connell and seconded by Czarnecki that the ;amendment in the City Attorney's memo of July 6th, concerning Amortization be adopted. I Motion, carried. COUNCIL MINUTES Page 7 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. area'and located in a C or M zone, would be permitted. Motion carried: It'was moved by Connell and seconded by Czarnecki to amend Section 7.B.1 to read: 'One on-premisesidentification and/or-advertising 'facia sign should be allowed provided that its size would not 'exceed 10% 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 and, seconded by Connell that Sec. 7.A.2 be deleted. Motion carried. ll and seconded by Hickerson to It was moved by Conne add 'to:Sec.'12.0 a subsection 7 as follows: 'In all l 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 amend Section 9.B.2 to read: one on-premises,identification and/or' advertising facia sign shall be: allowed provided that 10% of the area of the face of the, front it shall not exceed wall of the building occupied by the business as :advertised by the'sign',, no maximum would be :stated, and the ,last sen- tence'concerning- illumination ': would be ,included. '1Aotion adopted'. It was moved by Hickerson and seconded by Connell to amend'Sec. 10.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','the last:sentence;was not deleted. Motion ,no', stating he thought 20% was too adopted, white voting ' much. It was moved by Hickerson and seconded by Connell to amend Sec. ll.B.1 to read: 'One on-premises identification and/or advertising facia sign shall be allowed provided that shall not exceed 20� of the .area of the face of the front it it steal the building occupied by the business as advettised l of 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.l:a,to read: 'One on-premise exceed 20� of the 'area of identification facia sign not to the face of the front 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 Sec. 18 by deleet riedhe ` ;• words or maintain in the second line. motionoar 'It was moved by White and seconded by Connell to amend Sec. 22 by deleting the words "3-year" in the second line. ded by White Motion carried. It was moved by Connell and secon COUNCIL IL MINUTES Pae S 9 ' JULY 24, 1973 • .I 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 amendSection 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 Changing the Name'of Certain Platted Streets in Iowa City, which would change' Gilbert Street 'South of the railroad tracks to Highland Ave. to "Gilbert Court"; change; Sand Road, South of Highway 6 Bypas,s,•.to "Gilbert Street; and change Linn Street, South of Kirkwood Ave., to "Gilbert Street Also, the unnamed' street from Bowery to Kirkwood Ave. would be named 'Gilbert Street. The Ordinance would become effective on January 1, 1974, to allow for the necessary changes that would need.to be made.' It was moved by White and seconded by suspended "and the Ordinance be that the rules be Connell given the first reading by title only. Upon roll call e a cki Hickerson and White voted y 'Brandt, Connell,'Czarne , Motion carried and first reading given by title only. City Manager Ray Wells noted that the Capital Improve merits Program included scheduling commencement of the Ralston g Creek Project. He requested authorization to initiate 'action by interviewing consultants, l' 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. The City Manager also commented on the relocation of offices necessary for the renovation of the Civic Center. He discussed leasing of the Eastlawn Building across Gilbert Street'at $600 a month, for a 3-month 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 Plant building. It was, moved by Hickerson and seconded by Connell -to authorize the City Manager to 'seek temporary quarters. Motion carried. • COUNCIL DISCUSSION JULY 31, 1973 12:30 P.M. The Iowa City city Council met in informal session on " the 31st day of July at 12:30 P.M, in the Conference Room at the Civic Center. Councilmen present: Brandt, Hickerson, Connell, Whiter Others present: Wells, Pugh,Kraft,'Stolfus, Maune, Rosenstein, Zelenka, The Mayor announced discussion of the items of business pending for Council consideration. The City Manager discussed each item and its present status. He noted that the Hippee - request for paving on Prentiss would be in the 1974 paving project; that the City Attorney would have a report, on alarm systems. Councilman White expressed the need for written standards measuring comparability of tests 'between Iowa; City, and Cedar Rapids electrical examing boards and pointed out that the Council had asked the examing,board to make recommendations. After discussion of criteria for 'sidewalks, the Mayor requested the staff to come up with design standards, taking into,consideration,school districts, ,cul-de-sacs, etc.,''a policy of when sidewalks are, required.' In the memo of July 27th, consideration of Items 3', and 4, Mr. Kraft noted they had been sent to Planning and Zoning for report. The Mayor requested that the Electrical Board report on Item 5, use of romex wire. The Council discussed the request from Paul Kennedy for sewer connection on Highway 11 West. The City lManager 'advised that.the report on the recycling program would-be forthcoming, and concerning the development of additional' criteria in the speed study recommendations, would get the answer as to legall what the Council can or cannot do. As a result of discussion of Item 13, the Mayor requested that a review of signing, metering and traffic patterns be made for that area. He also requested a -staff recommendation on Item 14, the motorcycle riding trail. The City Manager mentioned the development of a street light policy, Councilman White suggested that the existing system be fully mapped and re- commendations be reported to the Council. • The Mayor noted that items 18B and 19A to be considered at budget time, and need to get started again on the proposed design standards. It was pointed out that,the directions listed in Item 20 were exact opposites of the correct direction. -2 - The City 2The'City Manager discussed Item 21, truck routes, and advised that he would confer with the City Attorney and report. He also discussed the need for lighting on Highway 218:near Colonial Lanes.. The Mayor directed the Staff to come in with recommen- dation 'on'lighting 'from the Naval Reserve south. There were no objectionsfrom the Council. The Clerk advised that the Elks had withdrawn their application for Sunday Sale of Beer and Liquor. The City Manager explained the request from the University Security and Transportation Office at 131 South Capitol, to remove three parking meters for loading zone and to'reduce 'three meters to 30 minutes, and recommended complying with the request. Councilman White requested review of a pedestrian crossing at the''intersection of Church and Dubuque, with a 4 -way stop, or alternatives He also commented on aletter received:con- cerning the'condtion of paving on South Riverside Drive near Protein Blenders. Councilman Connell advised of a possible cave-in near a driveway on Ashwood Drive just North of the intersection with: Rochester Court. Also, a bad hole at Jefferson and Clapp intersection. ager read the list of items for Council The City Man'dis- cus' duling Sion sessions,& the Council decided ,to leave thescheduling up to the!Mayor'and 'the City 'Manager for calling the next,dis- cussion sessions. He also mentioned consumating the lease with the University for the Eastlawn Building to use for offices for Community Development for the remodeling period. Councilman Hickerson advised that on annexation the rules will change significantly on July 1974 with Home Rule. i