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Home My WebLink About1977-09-06 Council MinutesI r ---- .. MINUTES OF OFFICIAL ACTIONS OF COUNCIL SEPTEMBER 6, 1977 The cost of publishing the following proceedings & claims is $ . Cumulative cost for this calendar year or sai publication is $ Iowa City Council met in executive sess— i— o a 7:15 P.M. an 9/6/77 for discussion of appointment to the Resources Conserv. Comm., as moved by Perret, seconded by Foster. Affirmative roll call vote un- animous, all Councilmembers present. Moved by Foster, seconded by Perret to adjourn. Motion carried unanimously, 7:25 P.M. Regular session, 9/6/77, Civic Center, 7:30 P.M. Councilmembers present: Balmer, deProsse, Foster, Perret, Neuhauser, Selzer, Vevera. Mayor Neuhauser presiding. Ethan Fox presented a statement conc. rules for skateboarding and requested designation of a place to skate. Moved by Perret, seconded by deProsse, to receive & file the statement. Motion carried unan- imously. Moved by deProsse, and seconded by Perret, to refer the letter & related problems with Ord., to the Parks and Rec. Comm. for recomm. Motion carried unanimously. Paul Long & Robt. Welsh appeared re elderly housing. Nancy Stellwagon presented a petition from area residents, for sidewalk installa- tion on portions of Davenport St., Pleasant St., and on Cedar St. Moved by Foster, seconded by Perret, to receive and file the petition and make it part of the record. Motion carried. Ms. Pat Passmore ques- tioned whether or not representatives of H.O.M.H. would be arrested if they go into mobile home parks to talk to people about the Mobile Home Bill #448. Clemens Erdahl appeared on this same issue. City Mgr. Berlin stated that the Atty. would prepare a written legal opinion on what the action of the police should be. Mayor Neuhauser proclaimed the wk. of 9/6-10/77 as Union Label Wk. Atty. Hinman, for Don Dukes dba/ Serendipity requested approval of a Class C Liquor Control License. Moved by Foster, seconded by Selzer, that the following items and recomm. in the Consent Calendar be approved and/or adopted as amended: Approval of Official Actions, reg. Council mtg., 8/23/77, subj. to correction, as recomm. by City Clerk. Minutes of Bds. & Comms.: Bd. of Adjust. - 8/10/77; Riverfront Comm. -8/24/77; Library Bd. of Trustees -7/28/77 & 8/17/77; Resources Conserv. Corn. -7/26/77 & 8/9/77. Permit Res., Res. Bk. 42, as recomm. by City Clerk: Res. #77-357, p. 725, Approving Class C Beer Permit application and Res. #77- 358, p. 726, Approving Class C Beer Sunday Sales Permit application for Quik Trip #503, 123 W. Benton. Res. #77-359, p. 727, Approving Class C Liquor License application for Robin Hood Room, Mail Shopping Center. Res. #77- 360, p. 728, Approving Class C Liquor License application for Lazy Leopard Lounge, 122 Wright St. Res. #77-361, p. 729, Approving Cigarette Permits. Res. #77-362, p. 730, 17 , for Serendipity, 1310 Highland Ct. Correspondence: City Atty. Hayek, letters re Mt. Prospect Add. Pt. IV; leasing of sts. & alleys for commercial purposes conc. U.R.; cutoff date for General Obligation Bond Issue election. Jerry Cilek, commending City staff; Ross Randall, re Old Capitol Criterium bicycle race; referred to City Mgr. Affirmative roll call vote unanimous, 7/O, all Councilmembers present. Moved by Perret, seconded by Foster, to set public hearing on 10/4/77 for adoption of the Model Code for Energy Conservation in New Building Construction, developed by the Building Officials & Code Administrators International, Inc., with additions as presented and recomm. by the Resources Conserv. Comm. Motion carried unanimously. Mayor Neuhauser announced a vacancy on the Housing Conn. for an unexpired term ending 5/1/19, appointment to be made at the 10/.11/77 mtg. Moved by Neuhauser, seconded by Selzer, to approve the Mayor's appointment of Kent Angerer, 1231 E. College, to the Resources Conserv. Comm., for an unexpired term ending 1/1/79. Motion carried. City Atty. Hayek informed Council that 9/13 would be the last date the City could advise the bonding atty, about selling bonds for the police facility, and 9/29 is the cutoff date to place the bond issue question on the 11/8 ballot. Councilman Balmer called attention to the letter from City Atty. Hayek relative to his question as to whether or not the City could purchase plumbing supplies directly from Plumbers Supply Co., in which he has an ownership interest. The legal staff has concluded that there was a conflict of interest. In the future Iowa City will have to buy from individual plumbing concerns, or use the sealed bid method. City Mgr. Berlin presented a request to the Highway Comm. and the City from E -J Corp. (Howard Johnsons) on N. Dodge for approval of use of highway right-of-way for a sewage line for the Racquet Club. Moved by Balmer, seconded by Selzer, to approve the request. Motion carried unanimously. Atty. Hayek explained the need to clarify action on the Ord. amending the Home Rule Charter in Sec. 3. Moved by Perret, seconded by Foster, that the Clerk correct the 8/30/77 minutes to reflect that the original ord. was tabled, and the substitute ord. was deferred for one week. Motion carried. The public hearing to rezone a tract of land to a CH Zone was held. No one appeared. Moved by Balmer, seconded by Foster, to adopt RES. d77-363, Res. Bk. 42, pp„ 731-732, TO ACCEPT THE VOLUNTARY ANNEXATION OF A 2.7 -ACRE TRACT located west of , Hwy. l and Dane's Dairy and contiguous to the south City limits. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Mayor Neuhauser declared the public hearing on the State Transit System Program open. Public Works Dir. Plastino pointed out 2 additions: Repair Maintenance. of Vehicles - $16,000, and Wages of Temporary Employees - $12,000. Robt. Welsh appeared. Public hearing closed. Moved by Foster, seconded by Vevera, that the ORD. AMENDING ORD. #76-2807, THE STORM WATER MANAGEMENT ORD. be considered and given 2nd vote for passage. Motion carried, 7/0. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by deProsse, seconded by Perret, that the rule requiring that ords. must be considered and voted on for passage at 2 Council mtgs. prior to the mtg. at which it is to be finally passed be suspended, that the second consideration and vote be waived, and that the ord. be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by deProsse, seconded by Perret, that ORD. #77-2858, Ord. Bk. 11, pp. 163-164, AN AMENDMENT TO THE HOME RULE CHARTER FOR THE CITY OF IOWA CITY, IOWA, BY PROVIDING THAT INITIATIVE OR REFERENDUM PROPOSALS BE HELD AT REG. CITY OR GENERAL ELECTIONS WHICH NEXT OCCUR MORE THAN TWENTY-FIVE (25) DAYS AFTER THE EXPIRATION OF THE APPROPRIATE PERIOD FOR CONSIDERATION BY THE CITY COUNCIL AND AMENDING SEC. 7.05(8) THEREOF be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Perret, seconded by Balmer, that the rule requiring that ords. must be considered and voted on for passage at 2 Council mtgs. prior to the mtg. at which it is to be finally passed be suspended, that the 1st and 2nd consideration and vote be waived, and that the ords. be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Foster, seconded by Perret, that ORD. #77-2859, Ord. Bk. 11, pp. 165-169, ADOPTING THE UNIFORM BLDG. CODE EDITED BY THE INTERNATIONAL CONFERENCE OF BLDG. OFFICIALS; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE & SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; TO REPEAL ORDS. #2709 & #75-2775, AND TO PROVIDE FOR ITS ENFORCEMENT ORD. #77-2860, Ord. Bk. 11, pp. 170-171, ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BLDGS., 1976 EDITION, AS PREPARED BY THE INTERNATIONAL CONFERENCE OF BLDG. OFFICIALS WITH CERTAIN AMENDMENTS THERETO AND TO PROVIDE FOR THE ENFORCEMENT THEREOF & PENALTIES FOR THE VIOLATION THEREOF & REPEALING ORD. #2712 -- ORD. #77-2861, Ord. Bk. 11, pp. 172-173, ADOPTING THE 1976 EDITION OF THE UNIFORM FIRE CODE BY THE INTERNATIONAL CONFERENCE OF BLDG. OFFICIALS & WESTERN FIRE CHIEFS ASSOC.; REPEALING ORD. #2711; TO PROVIDE REGS. GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY AND TO PROVIDE FOR ITS ENFORCEMENT -- ORD. #77-2862, Ord. Bk. 11, pp. 174-187, ADOPTING THE 1975 EDITION OF THE NATL. ELECTRICAL CODE WITH CERTAIN ADDITIONS & AMENDMENTS THERETO; REPEALING CHAP. 9.20 OF THE MUN. CODE OF IOWA CITY, IOWA, AND ENACTING A NEW CHAPTER IN LIEU THEREOF -- and ORD. #77-2863, Ord. Bk. 11, pp. 188-191, ADOPTING THE 1976 EDITION OF THE UNIFORM MECHANICAL CODE WITH CERTAIN AMENDMENTS THERETO; REPEALING ORD. #2708, AND PROVIDING FOR ITS ENFORCEMENT be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by Foster, to adopt RES'477=.364, Res. Bk. 42, pp. 733-741, APPROVING THE OFFICIAL FY77 STREET FINANCE REPORT. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Selzer, seconded by Balmer, to adopt RES. #77-365, Res. Bk. 42, p. 742, AUTHORIZING CITY MGR. TO CONSUMMATE PURCHASE OF REAL PROPERTY KNOWN AS 126 S. GILBERT ST., IOWA CITY, IA. Robt. Welsh appeared. Roll call: Ayes: deProsse, Foster, Neuhauser, Perret, Selzer, Balmer. Nays: Vevera. Res. adopted, 6/1. Moved by Perret, seconded by deProsse, that the rule requiring that ords. must be considered and voted on for passage at 2 Council mtgs. prior to the mtg. at which it is to be finally passed and suspended, that the first and second consideration and vote be waived, and that the substitute ORD. #2864, Bk. 11, pp. 192-193, REPEALING ELECTION PROCEDURES IN ARTICLE III OF THE HOME RULE CHARTER FOR THE CITY OF IOWA CITY IN ORDER TO ELIMINATE INCONSISTENCIES BETWEEN ARTICLE III OF THE HOME RULE CHARTER AND CHAPTER 376, CITY ELECTIONS OF THE 1977 IOWA CODE, be voted upon for final passage at this time. Affirmative roll call vote was unanimous, 7/0. Moved by deProsse, seconded by Perret, that the ord. be finally adopted at this time. Roll call: Ayes: Neuhauser, Perret, Vevera, Balmer, deProsse, Foster. Nays: Selzer. Ord. adopted, 6/1. Moved by Perret, seconded by deProsse, to defer ORD. AMENDING THE MUNICIPAL ELECTION CAMPAIGN FINANCE ORD. BY REQUIRING DISCLOSURE OF CONTRIBUTIONS TO AND EXPENDITURES BY A POLITICAL COMMITTEE FOR THE PURPOSE OF SUPPORTING OR OPPOSING A BALLOT ISSUE AND BY IMPOSING LIMITATIONS ON THE AMOUNT AN INDIVIDUAL OR COMMITTEE CONTRIBUTES TO A POLITICAL COMM. FOR THE PURPOSE OF SUPPORTING OR OPPOSING A BALLOT ISSUE until information presented by Council- man Perret has been distributed. Motion carried, 7/0. Moved by Foster, seconded by Perret to adjourn the mtg. Motion carried unanimously, 10:30 P.M. A more complete description of Council activities is on file in the office of the City Clerk. s/MARY, C. NEUHAUSER, MAYOR s/ABBIE STOLFUS, CITY CLERK 9/20/77 ■- 1<: CITES OF OFFICIAL ACTIONS OF COIL AUGUST 23, 1977 The cost of publishing the following proceedings & claims is $ Cumulative cost for th' 1 d f d kill t' ' $ is ca en ar year or sai pu ica ion is Iowa City Council, as adjourned on 8/22/77, met in executive session at 7:15 P.M. on 8/23/77 for continuing discussion of acquisition of property. Councilmembers present: deProsse, Foster, Balmer, Perret, Selzer, Vevera. Absent: Neuhauser. Mayor Pro tem deProsse presiding. Staffinembers present: Berlin, Hayek, Stolfus, Bowlin, Schreiber, Showalter & P&R Chrm. Stockman. Moved by Balmer, seconded by Vevera, to adjourn. Motion carried, 6/0, Neuhauser absent, 7:30 P.M. Iowa City Council, reg. mtg. 8/23/77, 7:30 P.M. at the Civic Center. Councilmembers present as listed above. Mayor Pro tem deProsse presiding. Moved by Selzer, seconded by Perret to adopt RES. #77-326, recorded in Res. Bk. 41, p. 663 OF COMMENDATION FOR RALPH O'BRIEN, for approximately 12 yrs. of dedicated service in the Cemetery Div. of Dept. of Parks & Rec. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Roxanne Sexauer appeared to register a complaint against construction of a discotheque above Nemo's. City Mgr. Berlin responded. Moved by Perret, seconded by Foster, that the following items and recomms. on the Consent Calendar be approved and/or adopted as presented: Approval of official actions, reg. Council mtg., 8/9/77, subj. to correction, as reconm. > by. City Clerk. Minutes of Airport Comm. -7/21/77. Permit Res.'s, Res. Bk. 41, as recomm. by City Clerk: Res. #77-327, p. 664, Approving Class B Beer Permit application and Res. #71 328, p. 665, Approving Class B Beer Sunday Sales application for Pizza Hut, 1921 Keokuk St. Res. #77-329, p. 666, Approving Class C Beer Sunday Sales Permit application for Bill's 1-80 DX, I-80 & Hwy. 1. Res. #77-330, p. 667, Approving Class C Liquor License & iAto%ous Afpncp!ag tpX'&ek LiquorSundaySalesBLicense for Iowa sThrashers, I�c£NS£5 �'OR l�¢Ilow CheeV£a 1515 Mall Dr. Res. #77-332, p. 669, Refunding a Sud CRb Cos. cad {D o on of Cigarette Permit to Central Vendors. A�EPY„ p,ael�suae of S" Correspondence: Vicki Kelso, Sgt. U.S. Air ' StNt£meNts couRc• U.Force, re Hollywood Blvd.; Della Grizel, re P"0Psidewalk repair; Agnes Kuhn, re traffic madE flow; Dr. Francis Lalor, Horace Mann School, /CO' ILre role of public school educators in City's IOIH�71) economic dev. prog.; Dan Grinstead, re Civil Defense/Tornado sirens; referred to City Mgr. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Mayor Pro tem deProsse stated that after discus- sion in executive session concerning the contract for services with the City of Univ. Hgts., it was the co*nsus of Council that Univ. Hg o offer was unacceptable to the City. deProsse reported on the recomm. from the Advisory Comm. on City - County Detention & Law Enforcement Facility, to pursue a joint facility, and on County Atty. Dooley's opinion on the 2 -part referendum. Moved by Foster, seconded by Perret, to call a Special Election on 11/8/77 on the matter of issuance of $500,000 General Obligation Bonds for a Police Administration Facility. After discussion, it was moved by Selzer, seconded by Perret, to amend the motion by substituting for the original motion, wording to the effect that Council supports the concept of a shared facility for law enforcement, and that Staff be directed to proceed to resolve procedural aspects as well as provide points of information that Council has requested. Vote taken on the substitute motion found Balmer, deProsse, Foster, Perret and Selzer voting 'aye', 5/0, Vevera abstaining, Neuhauser absent. Although no further action was necessary, voice vote was taken on the original motion, motion defeated, 0/6. Moved by Foster, seconded by Selzer, to defer the ORD. TO REPEAL THE ELECTION PROCEDURES IN ART. III OF THE HOME RULE CHARTER FOR THE CITY OF IOWA CITY IN ORDER TO ELIMINATE INCONSISTENCIES BETWEEN ART. III OF THE HOME RULE CHARTER & CHAP. 376, CITY ELECTIONS OF THE 1977 IOWA CODE as per Asst. City Atty.'s request. Motion carried, 6/0. Moved by Foster, seconded by Balmer, to adopt ORD. -#77-2857, Ord. Bk. 12, pp. 161-162, VACATING A PART OF FERSON AVE. IN BLACK'S PARK ADD., IOWA CITY, IA., BETWEEN THE N. R -O -W LINE OF PARK RD. & THE S. R -O -W LINE OF GOULD ST. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Perret, seconded by Foster, that Council vote to condemn the property conc. Windsor Hgts. Addn. V in question as park land for an addition to Hickory Hill Pk. Citizens appearing included: Tom Alberhasky, Betsy Hillman, George Baker, James Christensen, Atty. Don Hoy for the developer, Doris Preucil, Dennis Sauegling of Hawkeye Engr..for developer; Ralph Oxford, and Chrm. Flo Stockman of Parks & Rec. Comm. Vote on the motion: Perret and deProsse voting 'aye', Foster, Selzer, Vevera and Balmer voting 'no'. Motion defeated, 2/4, Neuhauser absent. Moved by deProsse, seconded by Vevera, to add a 3rd contin- gency to the Resolution, stating that the preliminary plat be approved subj. to '3) erosion control measures as set forth in the stormwater management control ordinance as adopted by Council be adhered to.' Motion carried unanimously. Moved by Selzer, seconded by Foster to adopt RES. #77-333, recorded in Bk. 41, p. 670, APPROVING PREL. PLAT OF WINDSOR HGTS. ADD., PT. 5, AS AMENDED. Selzer, Vevera, Balmer and Foster voted 'aye', Perret and deProsse abstained. Motion carried, 4/0, Neuhauser absent. Moved by Balmer, seconded by Foster, to adopt RES. #77-334, Res. Bk. 41, p. 671, AMENDING SALARIES & COMPEN&ON FOR CLASSIFIED PERSONNEL, f. #77- 215, AND PROVIDING FOR VARIOUS POSITION CH NGES. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Selzer, seconded by Perret, to adopt the Res. Establishing Liability Insurance Limits with Respect to Taxicabs. Ralph Oxford, owner of Yellow -Checker & Super Cabs, appeared. Moved by Foster, seconded by Selzer, to defer the res. one week so that the staff can check with other commu- nities on insurance limits. Motion carried unanimously. Moved by Perret, seconded by Vevera, to adopt RES. #77-335, Res. Bk. 41, p. 672, ESTABLISHING CERTAIN FEES & CHARGES WITH RESPECT TO THE ADMINIS- TRATION OF TAXICAB REGULATIONS. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Ralph Oxford, owner of Yellow Checker & Super Cab Cos., appeared. Moved by Balmer, seconded by Selzer, to defer the RES. AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVS. IN IOWA CITY WITH THE I.C. BABE RUTH LEAGUE for 1 week to allow the I.C. Babe Ruth League to review the contract. Motion carried, 6/0, Neuhauser absent. Moved by Selzer, seconded by Perret, to adopt RES. #77-336, Res. Bk. 41, p. 673, ACCEPTING THE LOW BID OF THE J.F. EDWARDS CONSTR. CO. OF GENESEO, IL, AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT FOR CONSTR. OF THE JEFFERSON/MARKET SIGNALIZATION PROD. FAUS NO. M-4030(1)--81-52 UPON CONCURRENCE OF THE FED. HIGHWAY WORKS ADMINISTRATION. Affirma- tive roll call vote unanimous, 6/0, Neuhauser absent. Movedby Foster, seconded by Balmer, to adopt RES. #77-337, Res. Bk. 41, pp. 674-684, APPROVING AMENDMENT TO SEWER SYSTEM EVALUATION SURVEY CONTRACT with Veenstra & Kimm. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Movedby Perret, seconded byFoster, APPROVING .RES. -#I7-338, Res. Bk. 41, pp. 6 THE MAYOR TO SIGN A CONTRACT WITH JOHNSON CO. SEATS FOR THE PROVISION OF TRANSPORTATION SERVS. TO THE ELDERLY AND HANDICAPPED. Ralph Oxford.. appeared. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Balmer, seconded by Foster, to adjourn ,the mtg. 'Motion carried, 6/0. (9:50 P.M.) - A more complete description of Council activities is on file in the office of the City s/CAROL dePROSSEClerk. ,MAYOR PRO TEM s/ABBIE STOLFUS, CITY CLERK 9/6/77 0 0 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 23, 1977 7:15 P.M. Iowa City Council, as adjourned on 8/22/77, met in executive session at 7:15 P.M. on 8/23/77 for continuing discussion of acquisition of property. Councilmembers present: deProsse, Foster, Balmer, Perret, Selzer, Vevera. Absent: Neuhauser. Mayor Pro tem deProsse presiding. Staffinembers present: Berlin, Hayek, Stolfus, Bowlin, Schreiber, Showalter & P&R Chrm. Stockman. Moved by Balmer, seconded by Vevera, to adjourn. Motion carried, 6/0, Neuhauser absent, 7:30 P.M. Iowa City Council, reg. mtg. 8/23/77, 7:30 P.M. at the Civic Center. Councilmembers present as listed above. Mayor Pro tem deProsse presiding. Minutes of this mtg. recorded on Reel #77-24. Moved by Selzer, seconded by Perret to adopt RES. #77-326, recorded in Res. Bk. 41, p. 663 OF COMMENDATION FOR RALPH O'BRIEN, for approximately 12 yrs. of dedicated service in the Cemetery Div. of Dept. of Parks & " Rec. 'Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Roxanne Sexauer, 221; E. Washington, appeared to register a complaint against construction of a discotheque above Nemo's. City Mgr. Berlin advised that constr. complies with all Code requirements, & called attention to the new Ord. 77-2605 on nuisance caused by noise. The Disclosure of Interest Statements were distributed for Council's review. `Mayor Pro tem deProsse called attention to the letter in the 8/12 packet to C.R. Melugin, Dir. Fed. Aviation Adm. for Chrm. Peterson of the Airport Comm. regarding application and study for Master Plan for _the Airport. Previous actions taken were reported by the City Mgr., who Was directed to report back with further appropriate information. Moved by Perret, seconded by Foster, that the following items and recomms. on the Consent Calendar be approved and/or adopted as presented: Approval of official actions, reg. Council mtg., 8/9/77, subj. to correction, as recomm. by City Clerk. Minutes of Airport Comm. -7/21/77. ' - Permit Res.'s, Res. Bk. 41, as recomm. by City Clerk: Res. #77- 327, p. 664, Approving Class B Beer Permit application and Res. ' #77-328, p. 665, Approving Class B Beer Sunday Sales application for Pizza Hut, 1921 Keokuk St. Res. #77-329, p. 666, Approving Class C Beer Sunday Sales Permit application for Bill's I-80 DX, I- 80 & Hwy. 1. Res. #77-330, p. 667, Approving Class C Liquor License & Res. #77-331, p. 668, Approving Class C Liquor Sunday Sales License for Iowa Thrashers, 1515 Mall Dr. Res. #77-332, p. 669, Refunding Portion of Cigarette Permit to Central Vendors. orrespondence: Vicki Kelso, Sgt. U.S. Air Force, re Hollywood d,; Della Grizel, re sidewalk repair; Agnes Kuhn, re traffic C N5 APPR.OVIN(J +AXICAb 1ice*1S£S 'FOR LWIOW Ch£cKfe f 'Sui)FJLCrib S}AiEMENis COr.10ERN�NO Cos, AbN& 1 D Aer-Ept 'D;scAOsuKE of Ze11£RE Ll Ri1ON 1-1eU£W Al PKOF£ctiCJ. LCDr[2EGl"i mx 0,2/lolf 10/y/77) • 41plete Activities August 23, 1977 Page 2 flow; Dr. Francis Lalor, Horace Mann School, re role of public school educators in City's economic dev. prog.; Dan Grinstead, re Civil Defense/Tornado sirens; referred to City Mgr. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Foster, seconded by Selzer, to defer the ORD. TO REPEAL THE ELECTION PROCEDURES IN ART. III OF THE HOME RULE CHARTER FOR THE CITY OF IOWA CITY IN ORDER TO ELIMINATE INCONSISTENCIES BETWEEN ART. III OF THE HOME RULE CHARTER & CHAP. 376, CITY ELECTIONS OF THE 1977 IOWA CODE as per Asst. City Atty. Bob Bowlin's request. Motion carried, 6/0. Moved by Foster, seconded by Balmer, to adopt ORD. H77-2857, Ord. Bk. 12, pp. 161-162; VACATING A PART OF FERSON AVE. IN BLACK'S PARK ADD., IOWA CITY, IA., BETWEEN THE N. R -O -W LINE OF PARK RD. & THE S. R -O -W LINE OF GOULD ST. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. City Mgr. Berlin will be checking on installation date for temporary turning light at intersection of Hwys. 6/218/1. He advised that the City would be paying expense for 2 persons to the ICMA Conference. He will also check on the installation of the detour signs around 1st Ave. Selzer advised he would be attending the Economic Dev. Conference in Duluth next week. Mayor Pro tem deProsse stated that after discussion in executive session concerning the contract for services with the City of Univ. Hgts., it was the consensus of Council that Univ. Hgts.' offer was unacceptable to the City. Their Council will be so notified by letter. .deProsse reported on the recomm. from the Advisory Comm. on City -County Detention & Law Enforcement Facility, to pursue a joint facility, and on County Atty. Dooley's opinion on the 2 -part referendum. 1 referendum would-be submitted to County residents to vote on a 1.9 million dollar s bond issue whether or not to build a new county jail, and the other referendum would be submitted to City voters on whether or not to issue $500,000.general obligation bonds to build a police facility in conjunction with the new county jail. The County has voted to accept the recom- Imendations.of the, Advisory Comm., but asked that the same legal counsel be used by both agencies. Moved by Foster, seconded by Perret, to call a Special Election on 11/8/77 on the matter of issuance of $500,000 General Obligation Bonds for a Police Administration Facility. After ' discussion, it was moved by Selzer, seconded by Perret, to amend the motion by substituting for the original motion, wording to the effect ' that Council supports the concept of a shared facility for law enforce- ment, and that Staff be directed to proceed to resolve procedural aspects as well as provide points of information that Council has requested. Vote: taken on the substitute motion found Balmer, deProsse, Foster, Perret'and 'Selzer voting 'aye', 5/0, Vevera abstaining, Neuhauser absent. Although no further action was necessary, voice vote was taken on the original motion, motion defeated, 0/6. It was pointed out that the weeds on Benton St. between Dubuque and Gilbert had not been taken care of. City Mgr. Berlin advised he would be in Chicago Friday attending a City Mgrs. Assn. mtg. on Collective Bargaining. Moved by Foster, seconded by Selzer, to defer the ORD. TO REPEAL THE ELECTION PROCEDURES IN ART. III OF THE HOME RULE CHARTER FOR THE CITY OF IOWA CITY IN ORDER TO ELIMINATE INCONSISTENCIES BETWEEN ART. III OF THE HOME RULE CHARTER & CHAP. 376, CITY ELECTIONS OF THE 1977 IOWA CODE as per Asst. City Atty. Bob Bowlin's request. Motion carried, 6/0. Moved by Foster, seconded by Balmer, to adopt ORD. H77-2857, Ord. Bk. 12, pp. 161-162; VACATING A PART OF FERSON AVE. IN BLACK'S PARK ADD., IOWA CITY, IA., BETWEEN THE N. R -O -W LINE OF PARK RD. & THE S. R -O -W LINE OF GOULD ST. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. . • Cd•ete Activities August 23, 1977 Page 3 Mayor Pro tem deProsse read the 2 contingencies on the Resolution for Windsor Hgts. Addn. V. Moved by Perret, seconded by Foster, that Council vote to condemn the property in question as park land for an addition to Hickory Hill Pk. Citizens appearing included: Tom Alberhasky, 1613 E. College; Betsy Hillman, 313 Windsor Dr.; George Baker; James Christensen, 1532 Rochester Ave.; Atty. Don Hoy for the developer; Doris Preucil, 317 Windsor Dr., Dennis Sauegling, Hawkeye Engr., for developer; Ralph Oxford, 222 Gilbert Ct. and Chrm. Flo Stockman, Parks & Rec. Comm. Each Councilmember discussed the reasoning for the contemplated vote. Atty. Hoy advised that the developer was willing to undertake whatever measures necessary so there would be no erosion problems during construction. Stockman explained actions by the P&R Comm. for the past 3 yrs. concerning this property. Vote on the motion: Perret and deProsse voting 'aye', Foster, Selzer, Vevera and Balmer voting 'no'. Motion defeated, 2/4, Neuhauser absent. Moved by deProsse, seconded by Vevera, to add a 3rd contingency to the Resolution, stating that the preliminary plat be approved subj. to '3) erosion control measures as set forth in the stormwater management control ordinance as adopted by Council be adhered to.' Motion carried unanimously. Moved by Selzer, seconded by Foster to adopt RES. N77-333, recorded in Bk. 41, p. 670, APPROVING PREL. PLAT OF WINDSOR HGTS. ADD., PT. 5, AS AMENDED. Selzer, Vevera, Balmer and Foster voted 'aye', Perret and deProsse abstained. Motion carried, 4/0, Neuhauser absent. ' Moved by Balmer, seconded by Foster, to adopt RES. N77-334, Res. Bk. ` 41, P: 671, AMENDING SALARIES & COMPENSATION FOR CLASSIFIED PERSONNEL, RES. #77-215, AND PROVIDING FOR VARIOUS POSITION CHANGES. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. ' Moved by Selzer, seconded by Perret, to adopt the Res. Establishing Liability Insurance Limits with Respect to Taxicabs. Ralph Oxford, owner of Yellow -Checker & Super Cabs appeared for discussion. Moved by ` Foster, seconded by Selzer, to defer the res. one week so that the staff can check with other communities on insurance limits. Motion carried unanimously. Moved by Perret, seconded by Vevera, to adopt RES. N77-335, Res. Bk. 41; p. 672, ESTABLISHING CERTAIN FEES & CHARGES WITH RESPECT TO THE ADMINISTRATIONOFTAXICAB REGULATIONS. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Ralph Oxford, owner of Yellow Checker & Super Cab Cos., appeared. Moved by Balmer, seconded by Selzer, to defer the RES. AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVS. IN IOWA CITY WITH THE I.C. BABE RUTH LEAGUE for 1 week to allow the I.C. Babe Ruth League to } review the contract. Motion carried, 6/0, Neuhauser absent. Moved by Selzer, seconded by Perret, to adopt RES. N77-336, Res. Bk. -`+ 41, p. 673, ACCEPTING THE LOW BID OF THE J.F. EDWARDS CONSTR. CO. OF GENESEO, IL, AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT FOR CONSTR. OF THE JEFFERSON/MARKET SIGNALIZATION PROJ. FADS NO. M-4030(1)--81-52 UPON CONCURRENCE OF THE FED. HIGHWAY WORKS ADMINISTRATION. The bid accepted was in the amount of $93,500.00. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. • eplete Activities August 23, 1977 Page 4 Moved by Foster, seconded by Balmer, to adopt RES. #77-337, Res. Bk. 41, pp. 674-684, APPROVING AMENDMENT TO SEWER SYSTEM EVALUATION SURVEY CONTRACT with Veenstra & Kimn. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. This resolution authorizes a third amendment to the agreement. Moved by Perret, seconded by Foster, to adopt RES. #77-338, Res. Bk. 41; pp. 685-690, APPROVING THE MAYOR TO SIGN A CONTRACT WITH JOHNSON CO. SEATS FOR THE PROVISION OF TRANSPORTATION SERVS. TO THE ELDERLY AND HANDICAPPED. Ralph Oxford, 735 Oakland Ave., appeared. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Balmer, seconded by Foster, to adjourn the mtg. Motion carried, 6/0. (9:50 P.M.) CAROL W. dePROSSE, MAYOR y ABBIE STOLFUS, CITY CLERK 1 t l l . Yd 1 V l L )1 \l I t 4l j Ifl t. y1 \ Y�f _ INFORMAL COUNCIL DISCUSSION AUGUST 15, 1977 1:15 P.M. INFORRoomCOUNCIL the CCivicDISCUSSION: nter.August Tape recorded,Conference on Reel #77-2 COUNCSezer, Vevera, deProsser ABSENT: presiding. Balmer, Perret, l STAFFMEMBERS PRESENT: Berlin, Stolfus, Schreiber, Boothroy. EXECUTIVE SESSION to It was moved by Vevera, secono? session for discussion of appntmentsrtotthe HumanrRightsxecutive Commission and acquisition of property. Upon roll call Balmer, deProsse, Neuhauser, Perret, Selzer and Vevera voted 'aye'. Motion carried, 6/0, Foster absent. At 1:45 P. M., it was moved by Perret and seconded by Selzer to continue the executive session on Tuesday, August 16th at 6:45 P.M. for r discussion of appointments, and to adjourn at this time for r in discussion. Motion carried unanimously. TAXICAB LICENSES -OXFORD Oxford, owner of Super Cab -Yellow Checker Cabs, was present. Ra1ph.City Manager Neal Berlin called attention to the ordinance provided for Tuesday which will allow issuance of licenses under the previous ordinance, were applied for as they under that ordinance. Oxford presented a request for a rate increase. This will be processed under the new ,r ordinance. City Clerk Abbie Stolfus explained that the public hearing on fare increase could be held on August 30th, and was asked to prepare. r a motion for.the consent calendar which would set that public hearing. f' WINDSOR HEIGHTS V Engineer Sauegling presented their traffic solution. The letter from Plum Grove Acres Attorney Ed Lucas was read, regarding the extension of 7th Avenue from Rochester to Windsor Heights V subdivision. They will dedicate a 50' street right-of-way if Harding constructs the paving. They will cooperate with a storm water retention basin. Harding will -'; pay for installation of street, storm water and sidewalks. Council at to PAZ Commission as decided to refer the plthey are meeting this evening. This item should be on next week's agenda. Pat Harding and t. Bruce Glasgow were present. A COUNCI_ LB_ USINESS Mayor Neuhauser reminded Councilmembers that the citizen survey was in Mayor uncal office for their review. Council discussed a date for the meeting.with Clayton Ringgenberg. Administrative Assistant Linda Schreiber will check out the date of September 14th. Councilmembers discussed attendance at the League of Iowa Municipalities meeting in Des Moines. • Informal Meeting August 15, 1977 Page 2 Mayor Neuhauser announced that the meeting would adjourn until 2:30 P.M. at the Recreation Center where Jim Kimm of Veenstra & Kimm, consultants on the Sanitary Sewerage Treatment Facility Plan, would brief Council and the public on the background, preparation and implementation of the plan. Councilman Foster attended this portion of the meeting. Kimm introduced Dick Glenn and Mary Thorton, also from Veenstra & Kimm. There were 30 persons in attendance other than the Council, Staff and Consultants. Plastino, Dietz, Doren and Miranda were also in attendance. Kimm advised that they would need guidance and direction from Council in five major areas: 1. treatment techniques, 2. site selection for the facility, 3. handling of solid wastes, including those from the water treatment plant and from the University (Ray Mossman, representing the University, stated that they would have an answer by September 1st, concerning ` their participation), 4.' conservation of energy and resources, and 5.. relief sewer priorities for construction. { The actual presentation is available in written form. ' Observations made included: I : Using the North site of 2,300 acres of drainage area by gravity, ' the'City could appreciably increase its size. 2.; Decision on disposal of solids can be delayed. 14 .-:-• 3.- • : Lakeside and Heinz liftstations could be eliminated. 4., design life of the capacity for the new plant is 20 years. ..The 'Out of the 15,500 acres wihtin the City now, only 8,800 acres are ' i' developed. projected growth of the City for year 2000 is 60,000 population. 7. The North site will serve the 2,300 acres plus the 6,000 acres undeveloped inside the City limits. There is no State or Federal participation in costs of the acquisition of the site. 9. Treatment plants are funded first, priority will be set later on trunk sewers. 10. There is Federal participation in construction to relieve overloaded conditions'only. INFORMAL COUNCIL DISCUSSION AUGUST 22, 1977 1:30 P.M. INFORMAL COUNCIL DISCUSSION: August 22, 1977, 1:30 P.M. on the Conference Room at the Civic Center. Tape recorded on Reel N77-26. COUNCILMEMBERS PRESENT: deProsse, Balmer, Foster, Perret, Selzer, Vevera. ABSENT: Neuhauser. Mayor Pro tem deProsse presiding. STAFFMEMBERS PRESENT: Berlin, Stolfus, Schreiber, Plastino, Mose, Kraft,"Geshwiler. ZONING APPLICATIONS Senior Planner Don Schmeiser and Planner Doug Boothroy were present for discussion of the following application: Windsor Hemi hts�V - Boothroy explained the conditions on which the . PZann!ng and Zoning Commission gave their approval of the new extension of 7th Avenue. Council discussed removal of dirt, soil F erosion. Attorney Hoy, for the developer Pat Harding, advised that ' they did not buy the land to sell. He noted that last year Parks and Recreation Commission had voted to not buy this property for a i park but to get the Woods property instead. COUNCIL AGENDA a" Mayor Pro,tem deProsse advised that an acceptable SEATS contract had been distributedand was on the agenda. City Manager Neal Berlin advised Council to delete all minor projects from the Block Grant program next sur year because of the work necessary for processing, and the Committee on 41 Community Needs will be so advised. Personnel Specialist June Higdon explained that for the Buyer, the job ,r duties had changed, salary would raise from $876 to $952; for the Senior l Construction Inspector, from $1112 to $1162, because of added respon- sibilities; and the adjustment for Police Captain would align the pay plan with the current Chief's salary, from $2262 to $2300. Council discussed the liability insurance requiements for the Babe Ruth League,;,as,compared to taxicab requirements. This liability requirement is used for all non-profit organizations that the City has contracts r with. As, this contract had not been reviewed by the League, the Resolution will be deferred week. 4, COUNCIL TIME 31 ' In the memo regarding "Old Jet" from Administrative Intern Dayton, paragraph 3 states, "the City must bear the costs". This actually means "whoever". Vevera commented on Plastino's memo concerning bike racks. 3 Council agreed that their decision to not allow bikes in the pedestrian mall would not be changed. L • 4ormal Meeting August 22, 1977 Page 2 TRANSIT GRANT After deleting N1, it was suggested that further input be coordinated with the School Board. ISSUE: Is additional capital investment in fire protection necessary? N1 was eliminated. Contracting services privately was discussed. ISSUE: What should the City do about the police facilities? R1 was eliminated. deProsse reported on the meeting held by the Advisory Committee on City -County Detention and Law Enforcement Facility (Berlin, Hughes, Dooley, Sehr, Miller, Edmonds, deProsse, White) concerning the involve- ment of the City in the new jail facilities. Their consensus was to pursue a joint facility. They agreed to Public Works Director Dick Plastino, Transit Manager Hugh Mose and Assistant Attorney Bob Bowlin were present for the presentation regarding the application for State DOT Grant for FY July 1, 1977 through June 30, 1978, for assistance funds in the amount of $175,000. To the list of possible projects for operating assistance, Plastino asked that N11, Handicapped and Elderly Service, $27,000 be added, and explained the State funding. The commitment for next year's funding for projects was discussed along with the effect of the new property tax bill. DOT will look with more favor on projects where there are definite goals and objectives. Clarification was made on several of the projects. The City Manager requested that any major changes should be pointed out. Several Councilmembers agreed to eliminate Sunday service, or use another approach, the SEATS system on an on-call basis. Consensus was for use of two-way radios. There were no objections to the Kneeling Bus Feature; SEATS After -Hours Taxi Service, or Safety and First -Aid Training. It was pointed out that some police officers could use the first-aid training also. After discussion of duties and need for clerical help, the City Manager was asked to work out something administratively. Placement of bus signs and advertising on buses and benches was discussed. Another discussion will be held after the preliminary public hearing. WATER PLANT SLUDGE For further explanation of his memo, Plastino stated that now all the sludge from the water treatment plant is disposed of in the river. He added that preliminary plans lean heavily toward the University treating their own water treatment wasts. They contribute about 1/3 of all the solid wastes. It would be to the City's advantage for them to treat their own waste. Disposal of sludge was discussed. COMPREHENSIVE PLAN Continuation of discussion of Issues and Alternatives. ISSUE: What should be the locational pattern of schools in Iowa City? After deleting N1, it was suggested that further input be coordinated with the School Board. ISSUE: Is additional capital investment in fire protection necessary? N1 was eliminated. Contracting services privately was discussed. ISSUE: What should the City do about the police facilities? R1 was eliminated. deProsse reported on the meeting held by the Advisory Committee on City -County Detention and Law Enforcement Facility (Berlin, Hughes, Dooley, Sehr, Miller, Edmonds, deProsse, White) concerning the involve- ment of the City in the new jail facilities. Their consensus was to pursue a joint facility. They agreed to wording in #3 be changed from 'park land to open space so that #3 and #4 could be compared. ISSUE: What policy should the City adopt towards annexation? The City Manager pointed out that the staff will be looking into this issue. #3 was eliminated. It was suggested that a plan used in New York be considered. They pledge services within a certain time frame, scheduled in a capital improvements program. ISSUE: What methods should the City require to protect incompatible land uses in relatively close proximity? #1 and #2 will be compared. ISSUE: al areas be increased without How can densities of residenti adversely affecting residents? All alternatives will be looked at. ISSUE: How should the City use topography, soils, water, distance from core areas, utilities, trafficways and vegetation as locational criteria in Planning and Zoning? • Ineal Meeting August 22, 1977 Page 3 ask County Atty. Dooley if a two-part referendum could be to the County held. One referendum would be submitted on a 1.9 million dollar bond ussue residents to vote whether or not to build a new county jail. Attorney distributed. The Dooley has issued an opinion which was bond counsel's opinion will be sought. The goal is to have the referendum at the City election November 8th. the use of County There are a number of ways to explore legal will look at alternatives. These issues land, and should be settled before the election. The City staff this issue. should not study any of the alternatives on ISSUE: How should library facilities be improved? #1 was eliminated, and all of #3 except inclusion of branch library, was eliminated. ' ISSUE: How much recreation equipment and facilities should the City provide? #2 and #4 were eliminated. ISSUE: How should community facilities be jointly developed? No changes. to include provision ISSUE: Should the Ci t for a special zoamnd neefortallzpark9lands?ante Kraft explained the purpose of the zone, three Council - asked that the embers were not in favor. Geshwiler wording in #3 be changed from 'park land to open space so that #3 and #4 could be compared. ISSUE: What policy should the City adopt towards annexation? The City Manager pointed out that the staff will be looking into this issue. #3 was eliminated. It was suggested that a plan used in New York be considered. They pledge services within a certain time frame, scheduled in a capital improvements program. ISSUE: What methods should the City require to protect incompatible land uses in relatively close proximity? #1 and #2 will be compared. ISSUE: al areas be increased without How can densities of residenti adversely affecting residents? All alternatives will be looked at. ISSUE: How should the City use topography, soils, water, distance from core areas, utilities, trafficways and vegetation as locational criteria in Planning and Zoning? • Oormal Meeting August 22, 1977 Page 4 Perret asked that N8 be added: Develop a set of criteria to evaluate the City's critical areas. There were no objections. ISSUE: What policy should the City adopt towards the existence of land uses with obsolete locations? No change. How should new multi -family housing be provided? N4 was eliminated. What should the City do to encourage provision of lower-cost housing? Leave all alternatives in. It was suggested that the City not set standards more stringent than those required by State and Federal standards. Geshwiler pointed out that a requirement that a percentage of lots in a mobile home park be for sale instead of rent had been researched by the Legal Department, and this is not possible. The 1 memo will be provided. It was stated that N5 could include public housing. AMENDMENT TO CAMPAIGN FINANCE ORDINANCE Perret asked for the status of the amendment to the campaign finance ordinance for ballot issues. The memo in the packet was discussed. Perret, suggested using .the same type of criteria used for lobbyists. one,question was in regard to the application of the provision if Council ,pursues an issue. Attorney Hayek advised that if Council wants an Ordinance, their department will draft it, Council can then debate, amend and vote on it. He will investigate and report. %EXECUTIVE SESSION Moved by Foster, seconded by Selzer to adjourn to executive session for discussion of property acquisition and collective bargaining. Upon roll call Balmer, deProsse, Foster, Perret, Selzer and Vevera votes 'aye'.. Motion carried, 6/09 Neuhauser absent. Mayor Pro tem deProsse presiding. Staffinembers present: Berlin, Stolfus, Hayek, Showalter, Kraft, Higdon, ;Schreiber, Morgan and Parks and Recreation Chairman Stockman. Moved by Perret, seconded by Foster, to amend the motion to adjourn to include {, discussion of contract negotiations with University Heights. Motion carried, 6/0; 4:15 P.M. Moved by Foster, seconded by Perret, to adjourn the; executive session to 7:15 P.M. on August 23, 1977, for further discussion. Upon roll call Balmer, deProsse, Foster, Perret, Selzer and Vevera voted 'aye'. Motion carried, 6/0, Neuhauser absent. 5:30 P.M. 0 MINUTES IOWA CITY BOARD OF ADJUSTMENT AUGUST 10, 1977 -- 3:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Goedken, Conlin, Dickens, Fowles MEMBER ABSENT: McBride STAFF PRESENT: Schmeiser, Ryan, McKean, Child FORMAL ACTION TAKEN: 1. To approve the request submitted by Mr. John J. Deninger, V-7705, to amend the original application as submitted to establish Triangle Place and the south twenty-five (25) feet of Lot 10 of Triangle Place Addition as an officially approved place contingent upon the following conditions: (1) that Lot 10 of said addition would not be developed; (2) that Triangle Place would be kept open to traffic at all times during construction; and (3) that a house constructed on Lot 9 in said subdivision be located no further north than the house immediately to the west of said lot. 2. To approve V-7711, application submitted by Old Brick Associates for a variance in Section 8.10.25A.16(a) of the Zoning Ordinance to reduce the required number of parking spaces for a use at 26 E. Market Street subject to the following stipulations: (1) that one parking space -be provided for each 100 square feet of designated office space and one parking space for each 1000 square feet of storage/warehouse space and public corridors, and (2) that a written document which is mutually acceptable to the applicant and the City be secured from any other party willing to provide additional parking space. The motion was based on the fact that the situation faced by Old Brick Associates is unique (it is the second oldest building in Iowa Cit and has historical si nificance) that the application of the ordinance y g , to the property would greatly decrease the value of the property, and that the general appearance of the neighborhood will not change as a result of granting the variance. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: Chairman Goedken called the meeting to order and asked if there were any additions or corrections to the minutes of the meeting held on July 13, 1977. A motion was made by Dickens, seconded by Conlin, to -approve the minutes as written. The motion carried unanimously. V-7705 Review of an application submitted by Mr. John J. Deninger for a variance ,,, Rnrt;n„ R 1n '4A AR of the 7.n Ordinance to establish Triangle Place and the of Triangle Place Addition as an ace Chairman Goedken explained that an amendment to the application for a variance had been submitted by Mr. John J. Deninger. The original request was amended in the following manner: 3590 ;` I I. • 0 (1) To establish Triangle Place and the south 25 feet of Lot 10 of the Triangle Place Addition as an officially approved place; (2) That only Lot 9 be authorized for development; and (3) That Triangle Place would be accessible at all times during the construction period of Lot 9, and during the construction period of Lot 11. 1. Don Schmeiser, Senior Planner, gave an overlay presentation and explained the proposed changes. Jon Kinnamon, attorney from Cedar Rapids representing the applicant, stated that the City was not interested in obtaining the property for park land. The amendment, he said, was a compromise which would allow Mr. Deninger some return for his investment. The purpose of the amendment to the original request is to permit RIB development of Lot 9 which would become a corner lot and would front on an 'officially approved place" if the variance were granted. Mr. Kinnamon also stated that the purpose of the amendment is to have Lot 10 remain undeveloped in order to comply in part with the wishes of the objectors who were opposed to the original request for a variance. Pointing out that the character of the neighborhood would remain virtually unchanged and that Mr. Deninger should have the right to derive benefits for the highest and best use of the land which the zone allows, Mr. Kinnamon urged favorable consideration by the Board. Tom Cilek, attorney representing the objectors to the application, stated that the amendment seemed better than what had previously been proposed, however, he asked that the Board defer action until he could discuss the matter with those who had objected to the original proposal. He questioned how future development of Lot 10 would be prevented. Schmeiser stated that prevention of future.develop- ment on Lot 10 could be made a condition of the variance which would be legally binding. . Cilek suggested the possibility of having Lot 10 donated to the City, and he questioned whether people in the area had proper notice of the amendment. Mr. John Ramsey, 5 Triangle Place, noted that the property owner of Lot 8 was not t: presentand.stated that "the owner.would have the most to gain or lose by the granting of the variance." r Ed Norris, 6 Triangle Place, objected to the proposed request and stated that the street is already too narrow and additional residences would cause overcrowded conditions which would adversely affect the value of his property. He particularly objected to the south 25' of Lot 10 being established as an officially approved place. Goedken questioned what would happen to Lot 10 in the future. Mr. Kinnamon responded that the possibility of dedication to the City had been discussed as well as the possibility of selling Lots 10 and 11 together. For the present, Mr. Kinnamon said, the applicant would agree to have Lot 10 remain as open space. Cilek suggested that a restrictive covenant should be recorded so that Lot 10 could not be built upon in the future. Board member Fowles questioned whether a condition of a variance might be lost over the years and questioned whether it could be made legally binding. She suggested that the Legal Staff be given additional time to check into the legal aspects of a condition or a covenant. She, therefore, moved that consideration of V-7705, application submitted by Mr. John J. Deninger for a variance, be deferred until the Legal Staff could provide counsel to the Board. The motion died for lack of a second. -3- 0 A motion was made by Conlin, seconded by Dickens, to approve the request submitted by Mr. John J. Deninger, V-7705, to amend the original application as submitted to establish Triangle Place and the south twenty-five (25) feet of Lot 10 of Triangle Place Addition as an officially approved place contingent upon the following conditions: (1) that Lot 10 of said addition would not be developed; (2) that Triangle Place would be kept open to traffic at all times during construction; and (3) that a house constructed on Lot 9 in said subdivision be located no further north than the house immediately to the west of said lot. Fowles questioned whether the City Staff had sufficient time to review the amendment. Schmeiser responded that the amendment had been received just prior to the meeting and noted that while the Staff had initially recommended approval of the application, there was a concern as to the adverse effect of the public interest. The proposed amendment may have less of an adverse effect than the original application. Angie Ryan, Assistant City Attorney, questioned whether prohibition of construction on Lot 10 could be made legally binding. Cilek stated that the issue of public interest should be based on the surrounding area rather than the community at large. He indicated that it had not been sufficiently demonstrated that: (1) the applicant cannot realize a reasonable return from his property in its present state, (2) the situation is unique, and (3) the variance would not alter the character of the neighborhood. Board member Conlin felt the three criteria had been met and stated that the land is not presently used at its highest and best use. He also noted that development would add to the community's tax base. Fowles asked for a clarification of "public interest." Andy McKean, Legal Intern, stated that public interest is meant to include the local area, not the community at large. The zone of an area should have a direct bearing on public interest, Kinnamon said. He also pointed out that if the variance is not granted, Mr. Deninger would not be able to develop any of the property and this would be a hardship.' As it is, Kinnamon said, Lot 10 is being sacrificed in an attempt to accommodate the diverse interests in the area. Fowles again questioned whether the prevention of building on Lot 10 could be made legally binding. A vote was taken: Conlin -yes; Dickens -yes; Fowles -no; Goedken-yes. The variance was granted. hearine on an aDDlication submi a re for Mr. John Nolan, attorney representing the proponents of Old Brick Associates, maintained that the primary issue before the Board was a question of unique hardship. When Old Brick Associates was in litigation, six days of testimony was heard about why that property was unique. A unique hardship is addressed within the aesthetic character and heritage of Old Brick itself, Nolan said. 0 -4 - The following people spoke in favor of the variance: M 1. Joseph E. Baker, 30 S. Governor 2. Emil Trott, 331 S. Summit 3. Robert Dykstra, 314 S. Summit 4. Robert Alexander, 718 E. Davenport S. Frank Wagner, 325 N. Dubuque 6. Frederick W. Dean, Division of Historic Preservation, Iowa State Historical Dept., 26 E. Market Street. Letters of support for the variance were received from: 1. Elizabeth L. Burge, 57 Olive Ct. 2. Andrea Hauer, 1015 Oakcrest, Apt. 2-I, and 3. Adrian D. Anderson, Director, State Historic Preservation Officer, 26 E. Market Street. No one spoke against the requested variance. Following are some of the reasons given for favoring the proposed variance: 1. When preservation "has come this far, it would be a grotesque tragedy" to threaten the existence of this structure by not approving the variance. 4: "... for want of two parking spaces the precious historic heritage of this community, this state, and indeed of this nation will be diminished by one 120 -year old church edifice." 3. If office space in the church can't be rented to the Iowa Historical Department's Division of Historic Preservation, then the church will not survive. 4. The site is unique from the standpoint that it is the only property within an area where north, west and east, land owned by the University of Iowa is not compelled to comply with the City's parking requirements. 4 6. The circumstances surrounding Old Brick are no longer controversial and the University of Iowa has offered University parking as additional parking space for other possible tenants in the building. (A copy of a letter from Edward H. Jennings, Vice President for Finance and University Services, University of Iowa, is attached to these minutes.) Old Capitol and Old Brick are the only remaining public buildings as .monuments of early Iowa history and people in the community have already given much time, money and effort to preserve these symbols of political and spiritual values. 7. The property would provide the Division of Historic Preservation with a permanent symbolic home and allow the Division to remain in Iowa City rather than relocate in Des Moines. B. The Division of Historic Preservation does not need all the parking spaces that the Zoning Ordinance requires. -5- 9. "The adaptive reuse of the structure will increase the tax base of Iowa City by removing it from its former classification as a Public/Institutional Property (Church)." 10. "From the point of view of the amount of energy used, it is more economical to remodel already existing structures than to tear down and build new ones." 11. Parking space needs should be reevaluated in light of increasing emphasis on saving energy by walking, riding bicycles and the bus and driving smaller cars. Chairman Goedken questioned how many parking spaces would be provided if all the greenery, would be removed. Mr. Wagner responded that 28 parking spaces could be provided. Schmeiser pointed out that the City Council at a meeting held August 9, 1977, adopted an ordinance which revised several parking requirements. Uses with storage and warehouse areas would now require one parking space per 1000 square feet of floor area, he said. Old Brick would therefore only need 16 parking spaces, however, no parking in the front yard is permitted in an R3B Zone. Nolan stated that neither Old Brick nor the University of Iowa favored annihilation of the green area. Mr. Wagner indicated that Old Brick Associates could provide 15 parking spaces without disturbing the green area. Ryan and Schmeiser explained that parking spaces are based on use ... rather than ownership and the church would be construed as an office use in an R3B Zone. As a paint of clarification, Schmeiser pointed out that the variance was not requested for permitting parking in the front yard. Any existing parking space in the front yard would have to revert back to green space, he said. Fowles a ' noted that the Division of Historic Preservation would have to come back before the Board of Adjustment to request another variance should they wish to expand their office space. A motion was made by Dickens, seconded by Conlin, to approve V-7711, application submitted by Old Brick Associates for a variance in Section 8.10.25A.16(a) of the Zoning Ordinance to reduce the required number of parking spaces for a use at 26 E. Market Street subject to the following stipulations: (1) that, one parking space be provided for each 100 square feet of designated office space and one parking space for each 1000 square feet of storage/warehouse space and public corridors, and (2) that a written document which is mutually acceptable to the applicant and the City be secured from any other party willing to provide additional parking space. The motion was based on the fact that the situation faced by Old Brick Associates is unique (it is the second oldest building in Iowa City and has historical significance), that the application of the ordinance to the property would greatly decrease the value of the property, and that the general appearance of the neighborhood will not change as a result of granting the variance A vote was taken: Conlin -yes; Dickens -yes; Fowles -yes; Goedken-yes. The variance was granted. The meeting adjourned. Prepared by Approved by