HomeMy WebLinkAbout1977-02-15 ResolutionRESOLUTION NO. 77-42
RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class
"C" Beer Permit Application is hereby approved for the following named per-
son or persons at the following described locations:
Krause Gentle Oil Corp. dba/Sav-More Deep Rock Stationstore
1104 South Gilbert
Said approval shall be subject to any conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be endorsed
upon the application and forward the same together with the license fee,
surety bond and all other information or documents required to the Iowa Beer
and Liquor Control Dpparhment.
It was moved by Balmer and seconded by deProsse that the
Resolution as read be adopted, and upon roll call there were:
Balmer
deProsse
Foster
eu auser
erre
_—Selzer
evera
AFS% NAYS: ABSENT%
x
Passed this 15th day of February , 19 77
322
RESOWTION NO. 77-43
RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class
"C" Beer Permit Application is hereby approved for the following named per—
son or persons at the following described locations:
Lucky Stores, Inc. dba/May's Drug Store #198, 1101 S.
Riverside Dr.
Said approval shall be subject to any conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be endorsed
upon the application and forward the same together with the license fee,
surety bond and all other information or documents required to the Iowa Beer
and Liquor Control Department.
It was moved by Balmer and seconded by deProsse that the
Resolution as read be adopted, and upon roll call there were:
Balmer
deProsse
Foster
eu auser
erre
Selzer
evera
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Passed this 15th day of February , 19 77
323
RESOLUTIOH No. 77-44
RESOLUTION of APPROVAL OF CLASS "C" BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a class
"C" Beer Permit Application is hereby approved for the following named per-
son or persons at the following described locations,
Lucky Stores, Inc. dba/Eagle Discount Supermarket #220,
1101 S. Riverside Dr.
Said approval shall be subject to env conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be endorsed
upon the application and forward the same together with the license fee,
surety bond and all other information or documents required to the Iowa Beer
and Liquor Control DFpartment.
It was moved by Balmer and seconded by deProsse that the
Resolution as read be adopted, and upon roll call there were:
Balmer
deProsse
Foster
eu auser
erre
Selzer
evera
AYES: NAYS: ABSENTS
x
x
x
x
x
x _
x
Passed this 15th day of February , 19 77
RESOLUTION NO. 77-45
RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA -CITY, IOWA, that a Class
"C" Beer Permit Application in hereby approved for the following named per-
son or persons at the following described locations:
Lucky Stores, Inc., dba/ Eagle Discount Supermarket #157
600 N. Dodge St.
Said approval shall be subject to any conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be endorsed
upon the application and forward the same together with the license fee,
surety bond and all other information or documents required to the Iowa Beer
and Liquor Control Dppartm:ent.
It was moved by Balmer
and seconded by deProsse that the
Resolution as read be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
- Balmer
deProsse
x
Foster
x
eu auser
x
Perret
x
Selzer
x
evera
x
Passed this 15th day of February , 19 77
32.5
RESOLUTION NO. 77-46
RESOLUTION APPROVING CLASS C
LIQUOR CONTROL LICENSE APPLTMrS
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor Control License application
is hereby approved7or the following named person or
persons at the following described location:
Grand Daddy's of Iowa City dba/Grand Daddy's of Iowa
City, 505 E. Burlington
Said approval shall be subject to any conditions or re-
strictions hereafter imposed by ordinance or State law.
The City Clerk shall cause a recommendation for approval
to he endorsed upon the application and forward the same
together with the license fee, certificate of financial
responsibility, surety bond, sketch of the premises and all
other information or documents required to the Iowa Beer
and Liquor Control Department.
It was moved by Balmer and seconded by dPP
that the Resolution as e re -a 6adopted, and upon ca
rol ll
there were:
Balmer
deProsse
Foster
Neuhauser
Perret
Selzer
Vevera
Passed and approved this
AYES: NAYS: ABSENT:
x
x
x
x
x_
x
x
15th day of February 1977
326
RESOLUTION NO. 77-47
s
RESOLUTION APPROVING CLASS C
LIQUOR CONTROL LICENSE APPLTMTM
It BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor Control License application
is hereby approve-TTor the following named person or
persons at the following described location:
Terrence W. Taylor dba/The Serendipity Pub, 1310
Highland Ct.
0
Said approval shall be subject to any conditions tor re-
strictions hereafter imposed by ordinance or State law.
The City Clerk shall cause a recommendation for approval
to he endorsed upon the application and forward the same
together with the license fee, certificate of financial
responsibility, surety bond, sketch of the premises and all
other information or documents required to the Iowa Beer
and Liquor Control Department.
It was moved by Balmer , and seconded by deProsse
that the Resolution as re -I 6e adopted, and upon_r_61T__ca71
there were:
Balmer
deProsse
Foster
Neuhauser
Perrot
Selzer
Vevera
Passed and approved this
AYES: NAYS: ABSENT:
Z
15th
day of February , 19 11
327
■
RESOLUTION NO. 77-46_
RESOLUTION APPROVING CLASS
LIQUOR CONTROL LICENSE APPL�MN
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor Control License application
is hereby approved -dor the following named person or
persons at the following described location:
W. Marcus Hansen dba/Gilbert Street Tap, 1134 So. Gilbert St.•
Said aproal shall o any
ons I
strictionsvhereafter bimposedcbye subet tordinance dorir
State law.
The City Clerk shall cause a recommendation for approval
to he endorsed upon the application and forward the same
together with the license fee, certificate of financial
responsibility, surety bond, sketch of the premises and all
other information or documents required to the Iowa Beer
and Liquor Control Department.
It was moved by Balmer and seconded by deProsse
that the Resolution as red -E adopted, and upon roZ ca
there were:
AYES: NAYS: ABSENT:
Balmer x
deProsse X_ _—
Foster x
Neuhauser x
Perret x
x
Selzer
x
vevera --
Passed and approved this 15th day of
__February, 19 77
328
RESOLUTION NO. 77-49
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made application, filed the
bond, and paid the mulct tax required by law for the sale of cigarettes and
cigarette papers; therefore,
HE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications
be granted and the cigarette bond now on file in the office of the City Clerk be
and the same are hereby approved, and the City Clerk be and he is hereby directed
to issue a permit to sell cigarette papers and cigarettes to the following named
persons and firms:
Grand Daddy's of Iowa City dba/Grand Daddy's of Iowa City,
505 E. Burlington
W. Marcus Hansen dba/ Gilbert St. Tap, 1134 South Gilbert
It was moved by Balmer and seconded by deProsse
that the Resolution as res e a opted, and upon rol ca t ere
were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
Perret x
Selzer x
Vevera x
Passed this 1Fth day of February 1977.
3.29
RESOLUTION NO. 77-50
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Dancing Permit as provided by law is hereby granted
to the following named person and at the following described
locations upon his filing an application, having endorsed
thereon the certificates of the proper city officials as to
having complied with all regulations and ordinances, and
having a valid Class "B" Beer Permit, to wit:
Grand Daddy's of Iowa City dba/Grand Daddy's of Iowa
City, 505 E. Burlington
It was moved by Balmer and seconded by dePrnqzp
that the Resolution as read e adopted, and upon rol ca 1 t ere
were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
r
Perret x
Selzer x
Vevera x
Passed and approved this 15th day of February
197 77 .
330
P'
RESOLUTION NO. 77-51
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF
THE 1977 TFMIS COURT LIGHTING PRQIECF
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT-
ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC
INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and
estimate of cost for the construction of the above-named project is to be held
on the 22nd day of February , 1977 , at 7:30 P.M. in the Council
Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice of
the public hearing for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city, not
less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract, and estimate of cost for
the construction of the above-named project are hereby ordered placed on file
by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Balmer and seconded by deProsse
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x BALMER
x dePROSSE
x FOSTER
x NEUTAUSER
x PERRET
x SELZER
x VEVERA
Passed and approved this 15th day of February 19 77
C AUIa.0 u
Mayor
ATTESTt
IA4plhj Cibq Clerk
BY S;n [^!J' ;i C7 );aJ ; n}
I
RESOLUTION No. 77-52
RESOLUTION APPROVING FINAL PLAT
OF LIME KTLN FARM ESTATES
IVHERF.AS, a final plat of Lime Kiln Farm Estates,
Johnson County, Iowa, has been filed with the Clerl; of
Iowa City, and after consideration of the same was found
to be in accordance with the provisions of the laws of
the State of Iowa and the ordinances of the City of
Iowa City, Iowa, by the Iowa City Planning and Zoning
Commission and
WHEREAS, a future dedication agreement has been
entered into between the City of Iowa City and LaFayette
W. Knapp, Jr. and Jacqueline F. Knapp, husband and wife,
which provides for dedication of the street shown on the
attached plat, in the event of annexation.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Iowa City, Iowa, that the said final plat
of Lime Kiln Farm Estates be and the same is hereby
acknowledged and approved on the part of Iowa City, Iowa.
The Mayor and the City Clerk are hereby directed to certify
this resolution of approval and affix the same to said plat
as by law provided to the end that the plat may be recorded.
The Agreement attached to this Resolution is by this reference
made a part of the Resolution Approving Final Plat of Lime
Kiln Farm Estates.
The foregoing resolution was moved by deProsse
and seconded by Selzer at a duly convened meeting
of the City Council of Iowa City, Iowa, held at the Civic
Center, Iowa City, Iowa, on the 15th clay of Febru_ arY _{
1977, commending at 7:30 P.M. Upon roll call, the following
vote was taken:
3111
0
Resolution No. 77-52
2
BALMER
Aye X Nay Absent
dePROSSE Aye X Nay Absent
FOSTER Aye X Nay Absent
NEUNAUSER Aye X Nay Absent
PERRET Aye X Nay Absent
: SELZER Aye X Nay Absent
VEVERA Aye X Nay Absent _
The foregoing is hereby duly certified by Vicki Itroi
Denuty City Clerk Iowa City, as a true and exact copy of a
resolution of the City Council of Iowa City, Iowa, made at
a regular meeting held on the 15th day of February ,
197 7 .
Deputy City Cler o
Passed and approved this 15t}: day of
February ,
197 7 .
�011�lM1llC1
nvor
ATT EST :
7�ilJ �. �r,•`�
�r},ury ty cr
AGRlili"IIiNT
This Agreement executed on the W"day of Felxa,ni 1,
1977, Uctwcen LuFaycttc K. Knapp, Jr. and .JaCduc]ine F.
Knapp, husband and wife, of Johnson County, Iowa, herc-
inafter called KNAPP and the City of Towa City, Iowa,
municipal corporation, hereinafter called the CI'T'Y.
11I11"IZEAS, a plat of: Limc Kiln Farm listates has been
prenared for the fol.lotaing clesCribecl premises, loc•.ated in
Johnson County, Iowa, to-w.i.t:
Beginning at a point on the northerly oright-
of-way of hinder Road which lies N. 8 19
969.76 foot of the S.W. corner of
said Section 34-80-6; Thence S. 790 08' 30"
C., 391.00 feet along said northerly ri.ght-
of-way of Linder Road; 'Thence along the
northwesterly right-of-way of Lindcr Road,
31.3.34 feet northeasterly alone a 179.18
"foot radius curve concave northwesterly to
a point which lies N. 500 46' 00" li., 274.89
fest of the last described point; 'Thence N.
25 20' 20" Ii., 75.04 feet along; the westerly
rinht-of-way of Under Road; Thence N. 510 31'
30"
W. , 227.63 .feet; Thence N. 9° 48' 20" it'
4.
491'.07 'feet; Then&e N. 20 47 S0" iV. , 351.48
'.feet; Thence N. 5 OS' 40" W. , 457.30 foot to
a point on the southerly hang: of the Town River;
Thence S. 860 32' 30" LV., 439.40 foot along, the
said southerly hank to the west line ol` said
Sec. 34.80-6; Thence S. 01) 09' 20" w•, .1207.00
feet blong'tile west line Sec. 34-80-6; 'Thence
N. 89 35' 00" 1V., 312.18 feet to the northerly
right-of-way of Lindcr Road; 'I'hcncc S. 37° 25'
10" P.-, 273,55 feet along; the said northerly
right-of-way of Lindor Road; Thence along; the
::aid northerly right -()f -way of Linder Road,
322.22 feet southeasterly along a 522.96 foot
radius curve concave northerly to the point of
beginning which lies S. GI° 30' 30" 11., 317.15
feet of the last described point. Said parcel
contains 21.73 acres, more or less.
IIFFII 8, ! ;
FED 1 �'�17
AL2,11",)rOLFUS
CITY CLOK
3'y/
0
0
WHEREAS, the above described real estate is located
outside the corporate limits o- Towa City, lowa but is
within the two mile extraterritorial jurisdiction of fovea
City, Iowa as provided for in Chanter 409 of the 1975 Code
of Iowa as amended and
WHEREAS, Knapn owns legal title to the roads: -ay as
shown on the above plat and has agreed to execute a
dedication of said roadway for the purpose of dedicatin,
the street for public use In the event of annexation of
the area by the City and
b1HEREAS, the Iowa City Planning and Zoning; Commission
has recommended approval of the above plat.
IT IS THEREFORE AGREED:
1. That Knapp shall execute a dedication of the street
known as Lime Kiln Lane as shown on the above plat to Towa
i City, Iowa, to be effective in the event that the land con-
tained
on-
i ;
tained`in the plat is annexed by the City of lowa City, Iowa.
Said dedication shall be hold in escrow in the office of
the clerk of. the City and shall not be effective or recorded
until the above described real estate is located within the
corporate limits of the City of Towa City, fovea, and until
the City or Iowa City, Iowa has agreed to accent such
dedication.
2. The City of Iowa City ag;rocs that in the event of
annexation, the City shall grant the perpetual rip•ht: to any
homeowtu;rs in the said :;ubdivisiou to use, nciintriin, r •pair
and replace any utility lines which arc existing; in the
dedicated road right of way. The City shall in no w;iy be
responsible for the maintenance, repair or operation of
the ut11i.ty lines.
3. Knapp agrees that at such time as the arca
comprising Lime Kiln Farm Estate .is annexed to the City
of Iowa City, Iowa that the City shall have the right
to install concrete streets, storm sewers and sanitary
sellers within the dedicate? right of way of Lime Kiln
Lone as described on the decd of dedication referred to
heroin and to assess the cost or such .improvements
against then owners of the lots within Li.111c Kiln Farm
Estates pursuant to Chanter 334 of. the 1975 Code of lowa
as amended. Knapp agrees that the cost of such improvements
need not meet the requirement of notice, benerlt or value
as provided by the statutes of the state of Iowa for
assessing such improvements.
4. If Knapp.should convey the roadway or any part
thereof to future lot owners, he shall convey the roadway
subject to this agreement with the City of 1011,1 City, TOwa,
or in the event that either Iowa City or Johnson County
does not give final approval to the plat of Lime Kiln farm
r
� Estates this agreement shall be of no force or effect.
S. 'Phis agreement shall be filed contemnoraneously
with the filing of the Final flat of Lime Kiln Farm Estates
once final approval of said Plat has been obtained from the
City and Johnson County.
G. This Agreement shall he binding upon the ruirties,
their nersonal renregentat ives, owcossors in iWorest,
grantees and assigns, and shall be construed as a covenant
running with the land until released by the City or loaaa
City, Iowa.
Signed this l5rl, clay of 1977.
n
a
V
CITY OF IOWA CITY, IOWA
t s
laccjuRi.nr.-1777ra in"—
ATTUST:
STATL' OF IOWA )
SS
COUNTY OF JOHNSON )
On this ;' ,'day of % ,,_; it"„ �: i 1977,
:i
before me, the unders1pned, a notary public in and for
Johnson County, Iowa, personally appeared l.aPuycttc L'.
Knapp, Jr. and Jaccluelino C. Knapp, husband and wife, to
me known to be the persons who oxecuted the above and
foregoing agreement and acknowledged the c•xecaation to
be their voluntary pct and deed.
/moi a a y l'iabl i i i ri ;tinil j(u r luhiisiil�
Cuunty,'Ipwa
RESOLUTION N0. 77-53
A RESOLUTION BY THE IOWA CITY CITY COUNCIL SUPPORTING LEGISLATIVE
ACTION IN THE IOWA GENERAL ASSEMBLY TO REGULATE THE USE OF BEVERAGE
CONTAINERS IN THE STATE OF IOWA
Whereas, the Iowa City City Council finds that littered beverage
containers constitute a danger to the health, welfare and safety to
the residents of our City, and destroys the beauty of our parks,
pedestrian ways, streets, and other areas, and
Whereas, the Iowa City City Council finds that the practice of
discarding beverage containers depletes our natural resources and
needlessly squanders our shrinking energy supply, and
Whereas, the Iowa City City Council finds that throwaway beverage
cans and bottles impose a burden on the litter and solid waste
collection and disposal programs of the City, and
Whereas, studies have stressed and actual experience has demon—
strated in Oregon and other locations that a minimum deposit has
functioned as an incentive for the reuse and recycling of beverage
containers and resulted in reduced consumer costs,
Therefore, be it resolved by the Iowa City City Council that the
City Council supports proposals introduced by members of the General
Assembly, by Governor Robert Ray, the Iowa Natural Resources Council,
and others to require a minimum deposit on all beverage containers
and to regulate their use in the State of Iowa.
It was moved by Perret and seconded by deProsse _
that the Resolution as read be adopted, and upon roll call t ere were:
AYES NAYS ABSENT:
x Balmer
x deProsse
x Foster
x Neuhauser
x Perret
x Selzer
x Vevera
Passed and approved this 15th day of February 1977.
II d.. L. ". r
ATTEST: 7/moi !;i.ci (City Clerk)
3y6
0 City of Iowa Ci•
MEMORANDUM
DATE: February 15, 1977
TO:
City Council, City Manager
FROM:
David Perret
RE:
Resolution supporting Legislative Action in the Iowa General Assembly
to regulate the use of beverage containers in the State of Iowa
Attached is a resolution which I mentionned yesterday during
the informal Council meeting that I planned to offer at the City
Council meeting tonight. I would like to move its adoption and
recommend that copies of it be sent to our area legislators, the
clerks of the Iowa House and Senate and the staff of the League of
Iowa Municipalities.
MM[P • /ny //TT �, ///y� • CIVIC CENTER. 410 E. WASHINGTON ST.
IOWA
ig35IOWA 52210
1 'C i01W
4-1600
9wi1� 11)P<'
February 1B, 1977
The Honorable Minnette Doderer
State Senator
The State Senate
State House
Des Moines, Iowa 50319
Dear Senator:
Enclosed you will find an original of Resolution No. 77-53,
A Resolution By the Iowa City City Council Supporting Legis-
lative Action in the Iowa General Assembly to Regulate the
Use of Beverage Containers in the State of Iowa, which Coun-
cil adopted on February 15, 1977, at their regular meeting.
Council recommended that this Resolution be brought to your
attention.
Your time and cooperation will be greatly appreciated. Thank
you.
Very sincerely yours,
Yic�if Q• Stu
Vicki J. Brei
Deputy City Clerk
vb/me
Enclosure
V/ 12
David L. Wray
Chief Clerk
House of Representatives p
State House
Des Moines, IA 50319
Steve C. Cross
Secretary of the Senate
The Senate House
State House
Des Moines, IA 50319
League of Iowa Mmicipalities
444 Insurance Exchange Building 1ir•.tiNc^�=
Des Moines, IA 50309
F
m:
f
4
Enclosed you will find an origirnl of Resolution No. 77-53,
A Resolution By the Iowa City City Council Supporting Legislative
Action in the Iowa General Assembly to Regulate the Use of Beverage
Containers in the State of Iowa, which Council adopted on February 15,
1977, at their regular meeting. Council recommended that this
Resolution be brought to your attention.
you. Your time and cooperation will be greatly appreciated. Thank
1
VfillA _'II
1
1
1
STATE HOUSE
Des; lnoincs, 3101ua 50319
February 26, 1977
Vicki J. Brei
Deputy City Clerk
City of Iowa City
Iowa City, Iowa 52240
Dear Ms. Brei:
You may assure the Iowa City Council that I intend to
support legislation which will regulate the use of beverage
containers.
Thank you for sending me the council's resolution. I
appreciate their support of this issue.
R-9
M[IF
.1
O!f
CI.
�1/'Ypr IMM11,M
W IYY[
`L'll
SENATORIAL OISI'111C7I:17
Sincerely,
i
Minnette Doderer
State Senator
2NA D,iNI.AP Co nrr
IOWA CITY, IOWA 7:410
Ilam✓. 1'uuvr.: (311)) 317422
1
�`VOYf Y1 rrR1 YN4bA 411p M11 jyVlr
�
r.
Q
SENATOR MINNEl-IT DODEREIIi
CONI\IMMES
I'RESIDEST PRO TEM1,01W,
,.-OA•
rt,9MornIAT10\i,
_x -.
SIIIM-ONSIITTEE ON SrAl 1: OF.I'AIITSIMPIS
PIIE9OE\T Pno TE.NIMRE PROSE:�1.�
JUUIC)ARl'
(515) 281-5773
�E}ylitE �
STATE GOVI:II.,IE.T
SE\ATE PHONE:'
�4i/Q Il
TMNSrORTATION
(515) ISI -3371
STATE OF IOWA
Sixty -Sixth Genera) Assembly
Dr.miiT>1EXrA1. RULMS RF.r1EW
STATE HOUSE
Des; lnoincs, 3101ua 50319
February 26, 1977
Vicki J. Brei
Deputy City Clerk
City of Iowa City
Iowa City, Iowa 52240
Dear Ms. Brei:
You may assure the Iowa City Council that I intend to
support legislation which will regulate the use of beverage
containers.
Thank you for sending me the council's resolution. I
appreciate their support of this issue.
R-9
M[IF
.1
O!f
CI.
�1/'Ypr IMM11,M
W IYY[
`L'll
SENATORIAL OISI'111C7I:17
Sincerely,
i
Minnette Doderer
State Senator
2NA D,iNI.AP Co nrr
IOWA CITY, IOWA 7:410
Ilam✓. 1'uuvr.: (311)) 317422
• , nt,n�ul �l
qW
1VILLIAAI (Bill) HARGRAVE
s Aw nESIMEN-unanDistrict Secenly-four ih J01INSON GOUNr
1103 RocumEn Amwur:IOWA CITY, IMA 5-1-140
Puoye: (519) 551-15°6
0115e of 3tepre5entatibe5
STATE OF IOWA
Sixty-Sorenth General dasrwbly
STATE HOUSE
De61110illec Iowa 50319
Vicki J. Brei
Civic Center
410 E. Washington St.
Iowa City, Iowa
Dear Vicki:
vndnlrfrr n-uu-
(fO\IAI1'I"1'I4Ii5
c firms
lit Ms
IIr1i.tN Oesur'ncrs
13Tmrr Srucoauunrr:
ON Succor. Stan¢rs
Thank you for your recent letter, it is always good to
hear from one of my constituents.
I am also interested in the problems that you referred
to in your letter and certainly will take your thoughts
into consideration when the bill is debated.
Please feel free to contact me at any time, I am anxious
to have input from you.
Sincerely,
t /
William J. Hargrave, Jr.
WJHtpp
P.S. Your resolution has been placed in the Journal.
� • • ���� ,<::� .`tiny ��.�i
oil
SENATE FILE
F1l'FO FEB ':� t`i�r
By BERGMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved__
A MILL FOR
1 An Act relating to the extent to which the state, a county,
2 and other political subdivisions of the state must abide
3 by a' city's comprehensive zoning ordinance.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
cr1 i,loi lone
3q7
.S.F. 71—
H. F. • •
1 Section 1. Chapter four hundred fourteen (414), Code 1977,
2 is amended by adding the f61lowing new section:
3 NEW SECTION. The state, a county, and all other political
4 subdivisions of the state shall be bound by a city's
5 comprehensive zoning ordinance to the same extent as
6 individuals under this chapter, and they shall have the same
7 rights to request the board of adjustment to make special
8 exceptions to the terms of the ordinance as individuals under
9 this chapter. However, if the variance is not granted by
10 the board of adjustment, the state, county, or other political
11 subdivision of the state may file a petition in the district
12 court in the county where the city is located for a decree
13 Permitting the nonconforming use. After a hearing, the
14 district court judge shall issue such decree if enforcement
15 of the city's comprehensive zoning ordinance would deprive
16 the state, county, or other political subdivision of the
17 exercise of a necessary governmental function.
18 Sec. 2. This Act is effective on January 1, 1978.
19 EXPLANATION .
20 This bill provides that the state, a county, and other
21 political subdivisions of the state must abide by the
22 provisions of a city's comprehensive zoning ordinance unless
23 a district court judge issues a decree authorizing the
f4 nonconforming use on the basis that enforcement of the city's
X25 comprehensive zoning ordinance would deprive the state, county,
26 or, other political subdivision of the exercise of a necessary
27 governmental function.
28
29
30
31
32
33
34
35
LSD 7345
can/sd/14
EVAgbU 1111
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FFR r
CCIL.!;
J
HOUSE FILE A-6 oC�
Ey JUNKER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
I An Act relating to the granting of variances by city or
2 county boards of adjustment.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4
5
6
7
8
9
10
11 .
12
13
14
15
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18
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CPB - 16200 7/77
34
1
S.F. H. F.
1 Section 1. Section three hundred fifty-eight A point
2 fifteen (358A.15), subsection three (3), Code 1977, is amended
3 to read as follows:
4 3. To authorize upon appeal, in specific cases, such
5 variance from the terms of the ordinance as will not be
6 contrary to the public interest, where owing to special
7 conditions a literal enforcement of the provisions of the
8 ordinance will result in unnecessary hardship, and so that
9 the spirit of the ordinance shall be observed and substantial
to justice done. The board of adjustment may authorize an
11 employee of the board to hear an appeal and to grant a variance
12 from the terms of the ordinance if the owners of all real
13 estate adjoining the property for which the variance is sought
14 agree in writing to the variance and if at least seventy-five
15 percent of any other owners of real estate located within
16 two hundred feet of the property for which the variance is
17 sought agree in writing to the variance, and subject to such
18 other conditions as the board may require. An aggrieved
19 person or officer, department board or bureau of the county
20 may appeal an action of the hearing officer to the board of
21 adjustment.
22 Sec. 2. Section three hundred fifty-eight A point sixteen
23 (358A.16), Code 1977, is amended to read as follows:
24 358A.16 DECISION. In exercising the above-mentioned
25 powers such board or its designee as provided in section three
26 hundred fifty-eight A point fifteen (358A.15), subsection
27 three (3) of the Code, may, in conformity with the provisions
28 of this chapter, reverse or affirm, wholly or partly, or may
29 modify the order, requirement, decision, or determination
30 appealed from and may make such order, requirement, decision,
31 or determination as ought to be made, and to that end shall
32 have all the powers of the officer from whom the appeal is
33 taken.
34 Sec. 3. Section three hundred fifty-eight A point seventeen
35 (358A.17), Code 1977, is amended to read as follows
-1-
SP,•111111/11
I
-2-
CVA44Y44 ,/I
• Ii. F. I.
S.F.
l
1
358A.17 VOTE REQUIRED. The concurring vote of three
2
members of the board, except as otherwise provided in section
3
three hundred fifty-eight A point fifteen (358A.15), subsection
4
three (3) of the Code, shall be necessary to reverse any
5
order, requirement, decision, or determination of any such
6
administrative official, or to decide in favor of the applicant
7
on any matter upon which it is required to pass under any
8
such ordinance or to effect any variation in such ordinance.
9
Sec. 4. Section four hundred fourteen point twelve
to
(414.12), subsection three (3), Code 1977, is amended to read
11
as follows:.
12
3. To authorize upon appeal in specific cases such variance
13
from the terms of the ordinance as will not be contrary to
14
the public interest, where owing to special conditions a
15
literal enforcement of the provisions of the ordinance will
16
result in unnecessary hardship, and so that the spirit of
17
the ordinance shall be observed and substantial justice done.
1
C, i
18
The board of adjustment may authorize an employee of the board
19
to hear an appeal and to grant a variance from the terms of
20
the ordinance if the owners of all real estate adjoining the
21
property for which the variance is sought agree in writing
22
to the variance and if at least seventy-five percent of any
23
other owners of real estate located within two hundred feet
24
of the property for which the variance is sought agree in
25
writing to the variance, and subject to such other conditions
26
as the board may require. An aggrieved person or officer,
27
department, board or bureau of the city may appeal an action
28
of the hearing officer to the board of adjustment.
29
Sec. 5. Section four hundred fourteen point thirteen
30
(414.13), Code 1977, is amended to read as follows:
31
414.13 DECISION ON APPEAL. In exercising the above -
32
mentioned powers such board or its designse as provided in
33
section four hundred fourteen point twelve (414.12), subsection
34
three (3) of the Code, may, in conformity with the provisions
(✓
35
of this chapter, reverse or affirm, wholly or partly, or may
-2-
CVA44Y44 ,/I
L
S.F. N.F.
I modify the order, requirement, decision, or determination
2 appealed from and may make such order, requirement, decision,
3 or determination as ought to be made, and to that end shall
4 have all the powers of the officer from whom the appeal is
5 taken.
6 Sec. 6. Section four hundred fourteen point fourteen
7 (414.14), Code 1977, is amended to read as follows:
8 414.14 VOTE REQUIRED. The concurring vote of three members
9 of the board, except as otherwise provided in section four
10 hundred fourteen point twelve (414.12), subsection three (3)
11 of the Code, shall be necessary to reverse any order,
12 requirement, decision, or determination of any such
13 administrative official, or to decide in favor of the applicant
14 on any matter upon which it is required to pass under any
15' such ordinance or to effect any variation in such ordinance.
16 Sec. 7. This Act is effective January 1, 1978.
17 EXPLANATION
18 This bill authorizes a city or county board of adjustment
19 to appoint one of its employees to hear an appeal and grant
20 a variance to a zoning ordinance if all adjoining property
21 owners agree in writing to the variance and if seventy-five
22 percent of all owners of property located within two hundred
23 feet of the property for which the variance is sought also
24 agree to the variance. The board of adjustment may require
25 other conditions relating to the employee's authority. The f
26 action of the designated employee may be appealed to the board
27 of adjustment by an aggrieved person or officer, department,
28 agency or bureau of the county or city.
29
30
31
32
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34
35
-3- LS8 22311
tj/cj/23
t N..,...t I'll
RESOLUTION NO. 77-54
RESOLUTION APPROVING PRELIMINARY AND FINAL
LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR
HOWARD JOHNSON'S MOTOR LODGE
WHEREAS, the owner, Howard Johnson's Motor Lodge ,
has filed with the City Clerk of Iorta City, Iowa, an
application for approval for a large scale non-residen-
tial development for the following described premises
located in Iowa City, Johnson County, Iowa, to -wit:
Commencing as a point of reference at the Northeast
corner of Sec. 2, Township 79 N., Range 6 IJ. of the
5th Principal Meridian, Iowa City, Johnson Co., IA.
thence S.00 09' 23" W. 431.43 ft. along the E. line
of the Northeast quarter of said Sec. 2 to a point
of intersection with the Northwesterly r -o -w line of
IA State Hwy. #1 and point of beginning of tract here-
in described (this is an assumed bearing for purposes
of this description only);
thence S.570 03' 30" li. 226.50 ft. along Northwester-
ly r -o -w line of said Hwy. to a point;
thence N. 320 56' 30" 1•l. 585.08 ft. to a point;
thence N. 330 26' 23" E. 311.87 ft. to a point of
intersection with the Southerly r -o -w line of Inter-
state 80;
thence S. 720 10' 19" E. 103.22 ft. along the South-
erly r -o -w line of said Interstate 80 to a point;
thence S. 640 58' 00" E. 537.25 ft. along the South-
erly r -o -w line of said Interstate 80 to a point of
intersection with the Northwesterly r -o -w line of
Hwy. 1 ;
thence S. 330 57' 50"West 445.10 ft. along the
Northwesterly r -o -w line of said Hwy. 1 to point of
beginning; and containing 7.1 acres more or less.
WHEREAS, said property is owned by the above-named
party and no dedications are required; and,
WHEREAS, the Department of Community Development and
the Public Works Department have examined the proposed
large scale non-residential development and have
approved the same; and,
WHEREAS, the said large scale non-residential devel-
opment has been examined by the Planning and Zoning
Commission and after due deliberation said Commission
has recommended that it be accepted and approved.
Res. # 77-54 •
Page 2
WHEREAS, said large scale non-residential develop-
ment is found to conform with requirements of the City
ordinances of the City of Iowa City, Iowa.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA:
1. That the said plat is hereby approved as a large
scale non-residential development.
. 2. That the said large scale non-residential devel-
opment shall conform with all the requirements of the
City of Iowa City, Iowa, pertaining to large scale non-
residential developments.
3. That the City Clerk of the City of Iowa City,
Iowa, is hereby authorized and directed to certify a
copy of this resolution to the Office of the County
Recorder of Johnson County, Iowa, after final passage
and approval as authorized by law.
Passed and approved this 15th day of February
1977.
ATTEST:
Mayor
.cc%'c' � 3a/r
Oi�a/ City erk
It was moved by Balmer and seconded by
Selzer that the Resolution as read be adopted,
and upon rol ll there were:
AYES: NAYS: ABSENT:
x BAL14ER
x dePROSSE
_x _ FOSTER
_ x NEUHAUSER
x PERRET
x_ SELZER
x VEVERA
• se. ulp�1,"y'F i
RESOLUPION NO. 77-55
A RESOLUTION AUPHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO CERPIFY AN AGREE= WITH
THE CITY OF CORALVILLE, IOWA.
W11ERE.AS, Chapter 403A of the Code of Iowa confers upon every muni-
ciplaity certain powers in the field of low rent or subsidized housing;
and
WHEREAS, the City Council of the City of Iowa City pursuant to
Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing
Authority to exercise the powers outlined in Chapter 403A; and
WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two
or rrore muncipalities in Iowa may jointly exercise the powers conferred
in Chapter 403A for the purpose of financing, planning, undertaking,
constructing, or operating a housing project or projects; and
WHEREAS, Chapter 28E of the Code of Iowa provides that any power
exercised by a public agency of this state may be exercised and enjoyed
with any other public agency of this state having such power; and
wioTIVS, pursuant to Chapter 403A and Chapter 2BE of the Code of Iowa,
the City of Iowa City and the City of Coralville wish to enter into
an Agreement that will permit the Iowa City Housing Authority to make
housing assistance payments on behalf of eligible families to owners
of property located within the City limits of Coralvi>le, a copy
of which is attached to this Resolution as Exhibit "A" and by this
reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIE CITY
OF IO;,M CITY, IOWA THAT the Mayor be authorized to execute and the
City Clerk certify a copy of said Agreement.
It was moved by deProsse and seconded by
Foster that the Resolution as road be adopted,
and upon roll call there were:
3S/
• -z-
Res. #77-55
AYES NAYS:
x
x
x
x
x
x
x
ABSE?1P:
Balme
deProsse
Foster
Neuhauser
Perret
Selzer
Vevera
Passed and approved this15th day of February , 1977.
ATTEST:
0*at&1 City Clerk
mayor
RECEIVED A APPROVED
ByH �,TCAL DEPARTMT
AGRE4•04T
THIS AC.RMMPP, entered into by and between the Cite of Iowa City,
Iowa, hereinafter called Iowa City and City of Coralville, hereinafter
called Coralville.
WHEFEAS, Chapter 403A of the Code of Iowa confers upon every municipality
certain powers in the field of lea rent or subsidized housing; and
WEE REAS, Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has
created the Iowa City Housing Authority to exercise the powers outlined in
Chanter 403A; and
I%HMEAS, Chapter 403A.9 of the Code of Iowa provides that too or more
municipalities in Iowa may jointly exercise the powers conferred in Chapter
403A for the purpose of financing, planning, undertaking, constructing, or
operating a housing project or projects; and
117HEREAS, Chapter 28E of the Code of Iowa provides that any power
exercised by a public agency of this state may be exercised and enjoyed with
any other public agency of this state having such pacer; and
1•7HEREAS, pursuant to Chapter 403A and Chapter 2BE of the Code of Iowa,
Iowa City and Coralville wish to enter into an Agreement that will permit the
Iowa City Housing Authority to make housing assistance payments on behalf of
eligible families to owners of property located within the City limits of
Coralville.
NOW, THEREFORE, BE IT AC,REED BY AND BETWEEN Iowa City and Coralville as
follows:
1. TER4. That the term of this Agreement shall cacmence with the
date of this Agreement and shall continue unless terminated as provided
herein.
2. TER[4INATION. That this Agreement may be terminated by either
party giving notice to the other in writing as prescribed in this Agree-
ment 60 days in advance of the date of the proposed termination.
Upon receiving notice of termination from Coralville, the Iowa
City Housing Authority will make no new contracts for housing assistance
in Coralville. However, renewals may be executed during the 60 day period
prior to termination. The termination date for all housing assistance
payments previously contracted for shall coincide with the terms of the
existing individual dwelling lease.
3. OPERATION. The Ica City Housing Authority will administer the
program in accorclance with the [teles and Regulations established by the
Department of Housing and Urban Development and the Annual Contributions
Contract entered into between Iowa City and the Deparb=t of Housing
and Urban Developrent, a copy of which Annual Contributions Contract is
attached hereto and made a pert of this Agreemtnt.
.3.7
0 0
The Iaaa City Fousin7 Authority hereby authorizes the City of.
Coralville to perform inspections of dwellina units in a housirxl project
in order to ensure compliance with the housing orality st�vxlards
established by the Department of Housing and Urban Development. This
inspection will be performed by Coralville or its designate at its
expense and a certification issued to the Ia•ra City Mousing Authority
that the Minimum Housing Ouality Standards set by HUD have been met.
Nothing contained herein shall prevent the adoption of more
stringent requirements by Coralville.
4. All administrative costs incurred as a result of this program
will be borne by the program as provided for in the Annual Contributions
Contract.
5. NOTICES. All notices required by this Agreement to be made to
Iowa City shall be made by mailing, by ordinary mail, a letter to the
Iowa City Housing'Authority, Civic Center, 410 East Washington Street,
Iowa City, Iowa 52240. All notices required by this Agreement to be
made to Coralville shall be made by mailing, by ordinary mail, a letter
to the Mayor of Coralville, and to the City Clerk of Coralville, both
addressed to City Hall, 1512 7th Street, Coralville, Iowa, 52241. All
notices shall be effective upon receipt by the addressee. Nothing con-
tained in this paragraph shall prevent additional or other notice being
given or giving notice which would exceed the requirements of this
paragraph.
6. OBLIGATIONS NOT EXCUSED. This Agreement does not relieve Iaoa
City or Coralville of any obligation or responsibility imposed upon it
by law except that to the extent of actual or timely performance thereof
by the Iowa City Housing Authority, said performance may be offered in
satisfaction of the obligation or responsibility.
7. LIABILITY. Coralville agrees to defend, indemnify and hold
harmless the Iowa City Housing Authority, the City of Iowa City, Iowa, and
the officers, employees, and agents of either, from any and all liability
for all demands, claims, suits, actions, or causes of action in any way
arising out of the performance of this Agreement, or any actions related
thereto which are the responsibility of Coralville and involving dwelling
units in Coralville.
8. FILP]C, AND RECORDING. This Agreement shall be filed with the
Secretary of the State of Iova and the County Recorder of Johnson County, Iowa.
Dated this /5 CIL, day of �_�� <. c _, 197 % .
CITY Or IOSdA CITY, I0ATA CI LVILLE, IOWAN
By
Mary C Neuhauser, Fayor Richard�E. Mye , Mayor
Attest:7/ct! , 1?au Attest;p�lcll/
Vickl:Jl Wei, Deputy Helen taut,
City Clerk City Clerk
• 0
RrSOLUPION I,/0
RESOLUNON ALIM!ORIZING AND DIFB7- T]G TfgF, MAYOR AND CrrY CLERY, TO F3CC IE
ON AE}WLF OF TFT CITY OF OORALVIIJ,E, IWA, AN AGREh IE I` RFC,ARDING LOwI
P,TW OR SUBSIDIZED 14OUSIM FOR THE CITY OF CURALVIILE, JOHMSON COIT", IOTA.
'&=AS, the City Council of the City of Coralville has heretofore
deaned it necessary and desirable to enter into an agreement with the City
of Iowa City wherein the City of Coralville shall be included in the field
of low rent or subsidized housing program functioning through the Iowa City
housing authority; and
WFFERFA.S, Chapter 403A of the Code of Ioora confers upon a municipality
the power to enter into the field of low rent or subsidized housing,. and
afiERFAS, Chapter 28F of the Code of Iowa confers upon a municipality
the perms to join with other municipalities or agencies in the field of low
rent or subsidized housing; arxi
WHEREAS, an agreement consisting of two (2) typewritten pages accan-
plishinq the above has been prepared and presented to the City of Coralville
which recpires execution thereby.
NU/7, TFEREFORF., RT IT RESOLVFD BY TF'F CITY ()OUNCIL Or TYE C= OF
CORALVILLE, Johnson County, Iowa, that the Mavor and City Clerk are herehv
authorized and directed to execute the above described agreement 1•dth the
City of Iowa City arri the City Clerk is directed to forward executed copies
of such agreement to the City of Iowa City and the Iowa City housina
authority with copies of this Pesolution attached thereto.
Passed and approved this _� day of. �-G SLC - �C , 1977.
�j
ATTFST:
ITLFN CAI/P, City C er .
351/
• 0
The above and foregoing Resolution was introduced by Council
Person who moved its adoption. I t was
seconded byC unci) Person------�------
After discussion, the following roll was called:
Aye: May: Absent:
/
v
Cole
Ehmsen
(/
Ka t tchee
Lyon
Shoemaker
Whereupon the Mayor declared the motion duly carried and the
Resolution duly adopted this __?_-day of /L�� /1�_. 197-7-
/'RR.
.4W,Mayor
ATTEST:
MELEM GAUT, City Clerk
1
1
W • CIVIC CENTER. I.
WASHINGTON
57.
IOWA COW.lO/A52240
,, V�319354.18'X3
February 16, 1977
ttelvin D. Synhorst
Secretary of State
State Capitol
Des Moines, IA 50319
Dear Mr, Synhorst:
Pursuant to Chapters 28E and 403A.9 of the 1975 Code of
Iowa, attached is a copy of the agreement between the Cities
of Iowa City and Coralville regarding inclusion of the City
of Coralville in the field of low -rent or subsidized
housing
func
tioning through City
authority.Itt has been recorded wththe Recordr of
Johnson County, Iowa.
If you have any questions concerning this matter, please
feel free to contact our office. Thank you.
Yours very truly,
151 fin/J�t cSYvC�[w
ABBIE STOLFUS
City Clerk
Enc.
cc Helen Gant, Coralville City Clerk
Lyle Seydel, Iowa City Housing Coordinator
/