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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. -2 - 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 �� 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 4/1. i 46 -3- 7 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. a,Lj 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'. 3a/'! voted Motion carried. It was moved by Hickerson and airy seconded by White that the Preliminary Resolution for Construe- tion of Sidewalks be adopted. Upon roll call Czarnecki, a�S Hickerson, White, Brandt and Connell voted 'aye'. Motion a34 carried. It was moved by Connell and seconded by Hickerson a4 0 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. a4 a. I -4- COUNCIL MINUTES 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. 'k4 3 Z45 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 0 -5- 0 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 k4 e a50 U. �J -6- COUNCIL MINUTES 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. a5 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 0 -7- 0 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. a5l 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.