HomeMy WebLinkAbout1973-02-27 Minutes numberedMINUTES OF A REGULAR COUNCIL MEETING
FEBRUARY 27, 1973
The Iowa City Council met in regular session on the 27th
day of February, 1973 at 4:00 P.M. in the Council Chambers
at the Civic Center.
Members present: Brandt, Connell, Czarnecki, Hickerson,
White. Absent: None. Mayor Brandt presided.
The invocation was given by Rev. Heininger, minister of
the Congregational Church.
it was moved by White and seconded by Connell that the
minutes of the CATV Committee meetings of 1-29, 2-5 and 2-12-73;
Planning & Zoning Commission meeting of 2-22-73; Library Board Ok"9
meeting of 1-30-73 and Regional Planning Commission meetings IaJ9
of 1-17 and 1-31-73 be received and filed. Motion carried.
It was moved by White and seconded by Connell that the
petition from residents of Sycamore Street opposing removal a..`
of parking on Sycamore Street be received and filed. Motion
carried.
It was moved by. White and seconded by Connell that the I
letter from William Tucker requesting three readings of ordin-
ance rezoning proaerty for Capitol Oil Co. and Capitol Propane
Gas Co., Inc. be received and filed. Motion carried.
It was moved by Connell and seconded by White that the
letter from Mr. & Mrs. James F. Jakobsen, 1204 E. Washington St.
concerning the proposed noise ordinance be received and filed. -
Motion carried.
It was moved by Hickerson and seconded by Connell that the
letter from Ed Thomas, Head Resident at Hillcrest Dorm. con- 2.ay
cerning recent visit by the Mayor be received and filed. Motion
carried.
It was moved by Hickerson and seconded by Connell that
the letter from James W. Ward, Johnson Co. Ambulance Service
Director regarding procedure for ambulance service during a 'G
major disaster be received, filed and referred to the City
Manager and Director of Public Works. Motion carried.
It was moved by Connell and seconded by White that the
letter from Jim Ryan, Protective Assoc. for Tenants, requesting all)
meeting to discuss proposed tenant -landlord ordinance be
received and filed. Motion carried.
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COUNCIL MINUTES
FEBRUARY 27, 1973
It was moved by Hickerson and seconded by Connell that
the letter from Senator Clark requesting assistance in gather- �Dj
ing information as to the effect of recent impoundments of
federal funds be received, filed and referred to the City
Manager for appropriate response. Motion carried.
It was moved by Connell and seconded by Hickerson that
the letter from Nancy Seiberling and Jim Maynard co-chairmen Baa
Project Green concerning 1973 plans andprograms be received
and filed. Motion carried. Mrs. Seiberling discussed the project.
It was moved by Connell and seconded by Hickerson that
the rules be suspended and the 2nd reading of the Ordinance
Establishing Method of Zoning Classification of Lands Annexed aa9
to the City be given by title only. Upon roll call Brandt,
Connell, Czarnecki, Hickerson and White voted 'aye'. Motion
carried and 2nd reading given.
John Hayek, Urban Renewal counsel,reported on the favorable
ruling, dismissing the suit filed by Mann, Bakas, Nall Motor a,10
and Brown, by the Federal District Court in Davenport, which
allows the City to proceed with land acquisition in the
Urban Renewal Project, This included the claim concerning parcel
east of the Me -Too Bldg. allegedly being an uneconomic remnant.
It was moved by Hickerson and seconded by Connell that
the Resolution Approving Contracts & Bonds for Street Tree
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Planting Project,Green Thumb Nursery, Cedar Rapids -$2512.50;
Pleasant Valley, Iowa City -$11626.25; Chris Peterson, Iowa
City -$1987.50 be adopted. Upon roll call Connell, Czarnecki,
Hickerson, and Brandt voted 'aye', White abstained. Motion
carried.
It was moved by Connell and seconded by White that the
Resolution Approving Contract & Bond for Street Tree Trimming
Project,American Way,Bettendorf, Iowa -$5318.08 be adopted.
Upon roll call Czarnecki, Hickerson, White, Brandt and Connell
voted 'aye'. Motion carried.
The City Attorney explained the proposed contract with
Midwest Wrecker and Crane for use of the old Iowa City Land-
fill site for an auto crushing operation, listing a few minor
changes. Iie recommended a charge of $25.00 per month for two
acres because of the many services Midwest will perform for
the City. It was moved by Connell and seconded by Czarnecki
that the Resolution Approving the Contract with Midwest Wrecker
and Crane be adopted. Upon roll call Hickerson, Brandt, Connell
and Czarnecki voted 'aye', White voted 'nay'. Motion carried
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COUNCIL MINUTES
FEBRUARY 27, 1973
Dennis Kraft Director of Community Development made a
presentation on Braverman West Planned Area Development,
preliminary plan, as approved by P&Z. After discussion by
the Council it was moved by Connell and seconded by Hick-
erson that the Resolution Approving Preliminary Plan for
Braverman West Planned Area Development, approved by P&Z,
be adopted. Upon roll call White, Brandt, Connell, Czarnecki
and Hickerson voted 'aye'. Motion carried.
It was moved by Connell and seconded by White that
the Resolution Accepting the Work on Sanitary Landfill Exca-
vation Project, Estle DeLong Inc. of Fairfield, Iowa, be
adopted. Upon roll call Brandt, Connell, Czarnecki, Hickerson
and White voted 'aye'. Motion carried.
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Public Works Dir. Speer & City Atty. Honohan reported on the
1973 Sidewalk Project. It was moved by Connell and seconded
by White that the Resolution Designating Engineer be adopted.
Upon roll call Connell, Czarnecki, Hickerson, White and Brandt
'aye'.
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voted Motion carried. It was moved by Hickerson and
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seconded by White that the Preliminary Resolution for Construe-
tion of Sidewalks be adopted. Upon roll call Czarnecki,
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Hickerson, White, Brandt and Connell voted 'aye'. Motion
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carried. It was moved by Connell and seconded by Hickerson
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that the Resolution Fixing Value of Lots be adopted. Upon
roll call Hickerson, White, Brandt, Connell and Czarnecki
voted 'aye'. Motion carried. It was moved by Hickerson and
seconded by Connell that the Resolution Accepting Preliminary
Assessment Plat & Schedule be adopted. Upon roll call White,
Brandt, Connell, Czarnecki, and Hickerson voted 'aye'. Motion
carried. It was moved by Connell and seconded by Hickerson
that the Resolution Setting Public Hearing on Resolution of
Necessity for March 27, 1973 at 4:00 P.M. be adopted. Upon
roll call Brandt, Connell, Czarnecki, Hickerson and White voted
'aye'. Motion carried.
It was moved by Hickerson and seconded by Connell that
the Resolution Establishing a Loading Zone for Nelson Develop-
ment School at 614 Clark Street and Pizza Palace at 302 E. a'J
Bloomington Street be adopted. Upon roll call Connell, Czar-
necki, Hickerson, White and Brandt voted 'aye'. Motion carried.
It was moved by Connell and seconded by White that the
Resolution Making Award of Contract for 1973 Sanitary Sewer
Improvement Project #1 , as recommended by the Staff, to
Gjellefald Constructors, Inc. of Forest City, Iowa - $20,296.65
be adopted. Upon roll call Czarnecki, Hickerson, White,
Brandt and Connell voted 'aye'. Motion carried.
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FEBRUARY 27, 1973
It was moved by Connell and seconded by Czarnecki that
the Resolution Making Award of Contract for Wm. White Blvd.
Storm Sewer Project, as recommended by the Staff, to Sulz-
berger Excavating Company, Muscatine, Iowa - $9,843.75 be
adopted. Upon roll call Hickerson, White, Brandt, Connell
and Czarnecki voted 'aye'. Motion carried.
Mayor Brandt announced that this was the time set for
the public hearing on Disposal of Portion of Burlington Street.
There being no interested persons present to speak for or
against the disposal, the Mayor declared the hearing closed.
It was moved by White and seconded by Connell that the Resolu-
tion be adopted. Upon roll call White, Brandt, Connell, Czar-
necki and Hickerson voted 'aye'. Motion carried.
Mayor Brandt announced that this was the time set for
the public hearing on Proposed Amendment to Zoning Code, 8.10.
16C, concerning bulk storage of oils, petroleum and similar
inflammable liquids and chemicals. Community Development
Director Kraft reported on the amendment needed to conform with
National Fire Protection Standards. There being no other
interested persons present to speak for or against the pro-
posed amendment, the Mayor declared the hearing closed.
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The Mayor announced that this was the time set for
public hearing on the rezoning of 3 acres in BDI Industrial
Park requested by Capitol Propane Gas Co. Steve Strauss,
petitioner, appeared, explaining the reason for the rezoning,
and that as it was now three acres, the amendment of the
Ordinance now being considered was not tied to his request.
After discussion, it was moved by Connell and seconded by
Czarnecki that the rules be suspended and the first and second
readings of the Ordinance Rezoning Capitol Propane Gas Co.
property from M1 to M2 Zone,be given by title only. Upon roll call
Brandt, Connell, Czarnecki, Hickerson and White voted 'aye'
first and second readings given. The Mayor then declared
the public hearing closed.
Mayor Brandt announced that this was the time set for
public hearing on the rezoning of Courtcrest Inc. property
on Muscatine Avenue, formerly St. Mark's Methodist Church,
from R1B to R2 zone. Dennis Kraft, Director of Community
Development outlined the previous proceedings and recommenda-
tion for denial of rezoning by Planning & Zoning. Atty. Phil
Leff for the petitioner, appeared noting the restrictive
covenant, approval by neighborhood, and allowance for buffer
zone. He requested the special use catagory be investigated.
Adjacent property owners, George Dasovich, Dan Glasgow and
Rollin Barnes appeared approving the rezoning. Harold Schwab
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COUNCIL MINUTES
FEBRUARY 27, 1973
representative for the Loyal Order of the Moose, the proposed
purchasers, appeared explaining their position and requested
rezoning. Mr. Kraft reported on Conditional Uses or Special
Uses with standards considering traffic, parking, surrounding
area and screening to be used for possibly Country Clubs,
Churches, Clubs, Daycare Centers, Private Schools, Fraternities,
Hospitals, Clinics, Nursing Homes, Service Stations, Car Wash
or Branch Banks. It was moved by Hickerson and seconded by
Czarnecki that the City Attorney and the City Manager be
instructed to investigate the possibilities of special use
permits in our zoning ordinance. Motion carried. The Mayor
then declared the hearing closed.
Gene Chubb, Director of Parks and Recreation discussed
replacement of a City Park shelter house with a prefabricated
model similar to shelter constructed in 1971. It was moved
by White and seconded by Connell that the City Manager be
authorized to replace Park Shelter #1 at City Park. Motion
carried.
The Mayor declared a five minute recess. The meeting
then reconvened.
City Manager Ray Wells presented the staff comment pre-
pared for the State Highway Commission on the.Environmental
Impact Statement for Highway 518. He read and commented on
each of 13 points listed, and recommended forwarding the
statement to the Highway Commission. Further Council dis-
cussion included the following topics: Indian Lookout; 518/
218 Interchange; Minneapolis to St. Louis route; significance
of regional hospital here; role for Mormon Trek Blvd; impact
of I-80. It was moved by Hickerson and seconded by Connell
that the Staff recommendations be adopted as the City's re-
quested comment on the Environmental Impact Statement, and
that they be forwarded to the Highway Commission. Motion
carried 4/1, White voting 'nay'. Councilman Czarnecki advised
he would send his personal comment to the Highway Commission
also. The Mayor advised that the other Councilmen could do
the same. John Laitner appeared commenting on his interpre-
tation of the inadequacy of the Impact Statement.
Councilman Hickerson questioned if arrangements had been
made for Council representation at the Legislative Committee
meeting for the League of Municipalities on Wednesday. The
Mayor noted that Councilman Czarnecki had agreed to attend.
Councilman Czarnecki requested a report from another lawyer
concerning legality of the Protective Association of Tenants
Ordinance. City Attorney Jay Honohan advised that Jay Oehler of
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FEBRUARY 27, 1973
the Bar Association had been in the audience and was to
volunteer their services but due to length of the meeting
had to leave. It was moved by Czarnecki and seconded by
White that the question of the legality of the Landlord -
Tenant Ordinance had been referred to the Johnson County
Bar Association for review and comment. Motion carried. The
Mayor stated that the City Attorney and Asst. City Attorney
would still make their report.
The Mayor discussed the Council policy concerning permits
for use of the Clinton Street Mall as being under the juris-
diction of the City Manager. The Attorney said he would check L�5a
to see if the existing Ordinance would suffice. The City Mgr.
advised that the City does have control over signage.
Mayor Brandt reported on his concern over the condition of
the Rock Island railroad crossings in Iowa City and suggested
positive action by the City. Attorney Jay Honohan advised that
the trial was scheduled for April 27th and stated that the
City was not satisfied with Rock Island's type of construction
work, citing the permanence record for Crandic railroad cross-
ing work built to Highway Commission standards. He commented
that the Staff was so frustrated with the past experience
with the railroad that they were ready to asphalt over the
spur crossing on Gilbert -Maiden Lane, putting up signs so
the railroad can't cross there. It was moved by Connell and
seconded by Brandt to authorize the Staff to take the action
necessary to correct the condition of the railroad crossings.
Motion carried 4/1, White opposed. Councilman White proposed
that this was an example where the local government needed to
change its policy and the City should repair the crossings.
Mr. Speer commented that each crossing would cost $4,000-5,000
to rebuild and the City department was not equipped or know-
ledgeable for this.
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City Manager Ray Wells commented that he felt obliged to
comment on Mr. Laitner's evaluation of the Staff comment on a54
the Impact Statement, and asked for the privilege of responding
to such criticism in the future.
City Attorney Jay Honohan requested discussion concerning
the purchase of the Kelley Cleaners property at the executive
session.
Director of Parks and Recreation Gene Chubb reported on
the bids received for the repair of the Recreation Center Roof r
and recommended the bid of Cedar Rapids Roofing at $19,228.
It was moved by White and seconded by Connell that the Resolution
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COUNCIL MINUTES
FEBRUARY 27, 1973
Awarding the Contract to Cedar Rapids Roofing, be adopted.
Upon roll call Connell, Czarnecki, Hickerson, White and Brandt
voted 'aye'. Motion carried.
It was moved by Connell and seconded by Hickerson to
adjourn to executive session to discuss the fair market value
of 4 parcels in Urban Renewal Project R-14 and to discuss
the purchase of the Kelley Cleaners property. Upon roll call
Czarnecki, Hickerson, White, Brandt and Connell voted 'aye'.
Motion carried.
Executive session was held. The meeting then reconvened
in regular session.
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It was moved by Hickerson and seconded by Connell to adopt
the Resolution Setting Fair Market Value for Parcels 93/7 Stimmel; �Sd
93/11 Whiting; 93/2 Whiting and 93/14 Harden in Urban Renewal
Project R-14. Upon roll call Czarnecki, Hickerson, White,
Brandt and Connell voted 'aye'. Motion carried.
City Manager Ray Wells requested authorization to finalize
negotiations for office space for the Urban Renewal Depart-
ment,at the old Davis Hotel building. It was moved by Hick-
erson and seconded by Connell to adopt the Resolution Authorizing
Negotiation of a Lease with Washington Park Inc. for the
Davis Hotel. Upon roll call Hickerson, White, Brandt, Connell
and Czarnecki voted 'aye'. Motion carried. Mr. Wells stated
that the plans for remodeling the Civic Center would be a topic.
for discussion next Tuesday noon.
It was moved by Hickerson and seconded by Connell that
the meeting be adjourned. Motion carried.