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HomeMy WebLinkAbout1977-03-01 Council MinutesMINUTES OF OFFICIAL ACTIONS OF COUNCIL MARCH 1, 1977 The cost of publishing the following pro- ceedings & claims is $ . Cumula- tive cost to date during this calendar year for said publication is $ Iowa City Council, reg. session, 3/1/77, 7:30 P.M., Civic Center. Councilmembers present: Balmer, deProsse, Neuhauser, Perret, Selzer, Vevera. Absent: Foster. Mayor Neuhauser presiding. Mayor Neuhauser presented certificates to Public School student winners of the Trans- it Slogan contest. Mayor Neuhauser ex- pressed appreciation to S.R. Huntley, Com- munications consultant. The Mayor noted that Boy Scout Troop #211 was present at .the mtg. She proclaimed week of 2/27 - 3/5/77 as PALS Week. Ira Bolnick, I.P.I.R.G., presented a letter which proposed 2 res. & an ord. re energy conservation. Moved by Perret, seconded by Vevera, to rec. & file corr. Motion carried, 6/0, Foster absent. Moved by Balmer, seconded by Selzer, that following agenda items & recomms. in Con- sent Calendar be approved and/or adopted . ` as".amended: Approval of off. actions, reg. Council mtg., 2/15/77, subj. to correction, as recomm: by City Clerk. Minutes of:Bds. & Comms.: Comprehensive _.Plan Coordinating Comm., 2/10/77; Parks I Rec.``Comm., 2/9/77; Housing Comm., <2/16/77;,Riverfront Comm., 2/16/77; Planning & Zoning Comm., 2/17/77. Permit Res.. #77-63 as recorded in Res. 9k.-'38,; p. 108,, Approving Class C Liquor Control License Appl., Depot Lunch, 114 Wright St., as recomm. by City Clerk. Res. #77-64, as recorded in Res. Bk. 38, pp.,109-112, Approving Overwidth Paving Agreements for Bryn Mawr Hts., Pts. 8, 9, and 10. Corr.:: Patricia Meny, re Human Rights Ord., referred to Human Relations Dept. Richard Gibson, Off. of Facilities Plan- ning -'Univ. of Iowa, re planning for. Lindquist Center for Measurement, referr to. City Manager. Affirmative roll call vote unanimous, 6/0, Foster absent.' Moved, by Selzer, seconded by Balmer, to ;. adopt Res. #77-65, as recorded in Res. Bk. 38, pp. 113-114, APPROVING FINAL PLAT OF VILLAGE GREEN, Pt. 6. Affirmative roll cal vote unanimous, 6/0, Foster absent. ed As requested by City Mgr., it was moved by deProsse, seconded by Vevera, to reject the report recd. by Factfinder on Collective Bargaining between the City and Iowa City Assn. of Professional Firefighters, Local 1610. Affirmative roll call vote unanimous, 6/0, Foster absent. City Mgr. Berlin ex- plained material presented on FY 78 budget which included use of fed. revenue sharing money. Mayor Neuhauser opened public hearing on FY 78 budget. Several people appeared & urged Council to reinstate funds for Babe Ruth Little League, Boys Baseball, & Girls Soft- ball, incl.: Jerry Sullivan, Pres. of the I.C. Babe Ruth League; Jane Hagedorn, Pres. of I.C. Girls Softball Assoc.; Howard Vill- hauer, Pres. of I.C. Boys Baseball League; Dr. Don Conlon; Dick Kratoska; Mike Cilek; Bob Commings, Univ. football coach; & Jim Cilek. Public hearing closed. Adjourned public hearing was held on pro- posed plans for 1977 tennis court lighting prof. There being no one present to speak, public hearing was declared closed. Moved by Balmer, seconded by Selzer, to adopt RES. #77-66, as recorded in.Res. Bk,. 38, pp. 115-116, APPROVING PLANS, SPECS., FORM OF CONTRACT, AND COST ESTIMATE FOR 1977 TENNIS COURT LIGHTING PROJ., ESTAB. AMT. OF BID SECURITY, DIRECTING CITY CLERK TO PUBLISH — NOTICE TO BIDDERS, & FIXING TIME & PLACE FOR RECEIPT OF BIDS. Roll call vote: Ayes: Per - ret, Selzer, Vevera, Balmer. Nays: Neu- hauser, deProsse. Res. adopted, 4/2, Foster absent. Moved by Selzer, seconded by Vevera, that ORD. AMENDING THE HOME RULE CHARTER FOR THE CITY TO MAKE SEC. 6.01 CONFORM WITH THE SUPREME COURT DECISION OF BUCKLEY V. VALEO be considered and given 2nd vote for passage..:_ Moved by Perret, seconded by deProsse, that the Ord. be tabled. Motion failed. Coun- cilman Vevera called for the question for 2nd consideration. Motion carried. Roll call vote for passage: Ayes: Selzer, Vev- era, Balmer, Neuhauser. Nays: Perret, de- Prosse. 2nd consideration given, 4/2, Foster absent. Moved by Selzer, seconded by Balmer, that the ORD. AMENDING ORD. #75-2783 TO DELETE SEC. VII (B), (C), & (D) WHICH PLACED LIMI- TATIONS ON A CANDIDATE'S EXPENDITURES OF HIS PERSONAL FUNDS, A CEILING ON OVERALL CAM- PAIGN EXPENDITURES & INDEPENDENT EXPENDI- TURES be considered & given 2nd vote for passage, motion carried. Roll call: Ayes: Selzer, Vevera, Balmer, Neuhauser. Nays: deProsse, Perret. 2nd consideration & vote for passage given, 4/2, Foster absent. 'Pat Cain, Planning & Zoning Comm. Chm., Checker Cab Co., Inc. Motion carried, 5/1, appeared. After discussion, it was moved with deProsse voting "no" & Foster absent. by Vevera, seconded by Selzer, that ORD. AMENDING THE ZONING CODE OF THE .CITY BY RE- Moved by Balmer, seconded by Vevera, to ad- journ meeting. Motion carried. (9:15 P.M.) VISING PROCEDURES FOR AMENDING THE ZONING CODE, REPEALING ARTICLE XXXI OF ORD. 2238 A more complete description of Council ac - & ENACTING NEW PROVISIONS IN LIEU THEREOF tivities is on file in office of City Clerk. be considered & given lst vote for passage. - " C 4 - Roll call: Ayes: Balmer, Perret. Nays: PUiKT CONEURAUSER Vevera, deProsse, Neuhauser, Selzer. 1st 6�L_ StizuMAYOR consideration failed, 2/4, Foster absent. Abblt b1UUUb March 15, 1977 Moved by Selzer, seconded by Vevera, to CITY CLERK request iPlanning & Zoning Comm. to include in their bylaws a provision for formal pub- li6,discbssion, with adequate notice pro- vided, for. prel .,.& final Planned Area Devs. Zoning changes & to.further include a t- 0 minimum, imeframe f r placing signs on P; A.D. 's & zoning changes before any public discussion. Motion. carried, 6/0, Faster �Moved,by.Selzer, seconded.by Vevera, that ORD.,AMENDING.-THE, ZONING CODE OF THE CITY IOWA, CITY- BY. REVISING PROCEDURES FOR 'AOPROVA L,, 0 F., P LANN E D, AREA DEVS.,.REPEALING SECS ,8.10:20F & 8.10.20G,OF ORD. 12446 & ENACTING, NEW PROVISIONS -IN LIEU THEREOF be Af. "'considered 4 'g -i veffi- 1's't -vote- 'For passage. ,,;�,,*;•yNegative--roll call evote'was- unanimous, 0/6, �,'N Foster absent Move'd.'by Vevera ,.seconded by Selzer, that. BY CHANGING JHE.`USE'REGS.',OF, CERTAIN PROPERTY FROM RIA '10NE'TO'.IC2,'Z ONE,`(Kennedyitr6ct) be considI- i ered.& given lst vote for passage. Motion ,ln e�'carried .�unanlni6sly.1:6 dohsider,"6/0, Fos - t6N,: absent.": Roll; cal.l.;.vote on passage-, 1, "k"kes eProsse;�-Neuhauser, Perret, Vevera, Nays::Selzer..T Ist•consideration &,#otieJqr,1passage given, 5/1, Foster,ab- t pit Cain, Zoning ,'qqqunr. I 0eared .,:.%-. koved'by Perret, seconded by Balmer, to ­adopt.'RES 77-67, as recordedin Res. Bk. FAIR RE -USE VALUE URBAN RENEWAL PROPERTY for ac- uisi unani ion, rom HUD Affirmative roll call " .11. 1 1 1 1ou's,�6 ' / Foster absent. � elier, seconded by Vevera, to a �.61 h e e appY. foro-rcofitr, serve of,ovCityerhead Rrs'wst in wy.,o ;Airport Won failed; 0/6' Foster absent It was Cou.cilc nsensus to communicate to IA -IL Gas,& Elec. Co. that it was their #-.-�r:desire.16,:-have the system underground. ov 6 dby Selzer, er 'seconded by Balmer, to r. el approve request for taxi stands at corner Dubuque'A Washington St. and the corner Gilbert, A College St.,'as requested by Ralph Oxford, owner of Super & Yellow - 9 MINUTES OF OFFICIAL ACTIONS OF COUNCIL FEBRUARY 15, 10 The cost of publishing the following pro- ceedings & claims is $ . Cumula- tive cost to date during this calendar year for said publication is $ Iowa City Council, reg. session, 2/15/77, 7:30 P.M., Civic Center. Councilmembers present: Balmer, deProsse, Foster, Neu- hauser, Selzer, Vevera. Perret arrived, 7:42 P.M. Mayor Neuhauser presiding. Corrine Suter appeared cont. questions she had in reference to a letter from Asst. City Atty. Ryan re 902 N. Dodge St. rezoning mat- ter. Council advised her to contact Asst. City Atty. Ryan for an interpretation of the letter. Wayne Begley appeared cont. disclosure of information on the rezoning issue. Mayor Neuhauser indicated Council - would not be releasing all the information to the public due to the pending litigation. Several Councilmembers suggested that those interested seek legal counsel and intervene if -.they were not satisfied with the infor- i` mation provided. Perret arrived, 7:42 P.M. After City Atty. Hayek reviewed a petition filed -2/14/77, it was moved by Foster and by Perret to rec. & place it on iifllorefer e" :Motion' carried unanimously, 7/0. er.Councilman:Foster withdrew his motion the petition to the Planning & Zan- ing"Comm.,-.it was moved by Selzer, seconded by.,Foster, to refer the petition to the City Mgr. &-Asst: City Attorney to determine its sufficiency..: Motion carried unanimously, 7/0.-,'. Marsha Linder related the financial burden that -some of the citizens involved had in paying their share of fees for their =I;",previous atty. City Atty. Hayek suggested conjacting Hawkeye„Legal Services for possi- ' blgg:assistance. ..Mayor Neuhauser stated the Uiy would be filing an answer to the Court etition within 20 days. Jeanne Smithfield appeared cont. the atti- �'tude &?language used in discussing homosexu- ality in..the proposed Human Relations Ord. `at the -informal session yesterday. She asked'Council to consider only the ord.'s merits. °Councilman Balmer stated he had :said homosexuals had the same rights as any other personexceptthat they could not im- pose itheir standards on other people. He ,'•:.further stated that, in his opinion, the ord. in its present form would set a danger- ous precedent. Councilman Balmer apologized if he had offended anyone personally at yes- '•+';:te'rday Is meeting. Rebecca Henderson appeared re letter from :.Iowa Cit Friends Meeting. Mayor Neuhauser " :indicated the letter would be recd. & filed at public hearing on Human Relations Ord. Moved by Balmer, seconded by deProsse, that the foing agenda items & recomms. in the Cons*Calendar Calendar be approved and/or adopted as amended: Approval of off. actions, reg. Council mtg., 2/1/77, subj. to correction, as recomm. by City Clerk. Minutes of Bds. & Comms.: Comprehensive Plan Coord. Comm. - 2/2/77; Riverfront Comm. - 2/2/77; Human Relations Comm. - 1/24/77 & 2/6/77; Mayor's Youth Employ- ment Bd. - 1/24/77; Planning 8 Zoning Comm. - 2/3/77. Permit Res., as recorded in Res. Book 38, as recomm. by City Clerk: Res. #77-42, p. 75, Approving Class C Beer Permit appl. for Sav-Mor Deep Rock Stationstore, 1104 S. Gilbert. Res.#77-43, p. 76, Approving Class C Beer Permit appl. for May's Drug Store #198, 1101 S. Riverside Dr. Res. #77-44, p. 77, Approving Class C Beer Permit appl. for Eagle Discount Supermar- ket #220, 1101 S. Riverside Dr. Res. #77- 45, p. 78, Approving Class C Beer Permit appl. for Eagle Discount Supermarket #157, 600 N. Dodge St. Res.#77-46, p. 79, Ap- proving Class C Liquor Control License appl. for Grand Daddy's of Iowa City, 505 E. Burlington. Res. #77-47, p. 80, Ap- proving Class C Liquor Control License appl. for The Serendipity Pub, 1310 High- land Ct. Res. 077-48, p. 81, Approving Class C Liquor Control License appl. for Gilbert St. Tap, 1134 S. Gilbert St. Res. #77-49, p. 82, Approving Cigarette Per- mits. Res. #77-50, p. 83, Approving Danc- ing Permit for Grand Daddy`s of Iowa City, 505 E. Burlington. Res. #77-51, as recorded in -Res. Book 38, p. 84, setting public hearing on 2/22/77, at 7:30 P.M. on the 1977 Tennis Court Lighting Proj. Motion to rec. & file bylaws for the Bd. of Appeals. Corr.: Linda Liskon, re dev. of City-wide recycling prog.; & Iowa -Illinois Gas & Electric Co., re Clinton St. Mall, both referred to Public Works Dept. Lutheran Church of Christ the King & Betty Kennedy re proposed Human Relations Ord., both referred to Human Relations Dept. Ralston Creek Coordinating Comm. Chmn. re appreci- ation for Council's support. City Atty. Hayek, re proposed Human Relations Ord. Affirmative roll call vote, unanimous, 7/0, all Councilmembers present. Mayor Neuhauser officially announced the public hearing on proposed plans, specifica- tions, form of contract, and estimated cost for the 1977 Tennis Courttiny Proj. would be held on 2/22/77, aOF ;" P.M. at the Civic Center. Pete Knapp, dev. of Lime Kiln Farm Estates, appeared cone. the final plat. Moved by deProsse, seconded by Foster, to amend the res: by adding a sentence stating that "the Agreement attached to the Res. is by this .reference made a part of the Res. _ Approving final Plat of Lime Kiln Farm Estates.",.Motion carried unanimously, 7/0. Moved by deProsse, seconded by Selzer, to adopt Res. #77-52, as recorded in Res. Book 38, pp. 85-90, APPROVING FINAL PLAT OF LIME KILN FARM ESTATES as amended. Affirmative roll call vote unanimous, 7/0, all Coucil- members present. Moved by Foster, seconded by Selzer, to set public. hearing on 3/8/77, at 7:30 P.M. 'on a Planned Area Dev. for Village Green, Pt. 6, as requested by developer' Motion carried; :7/0. Moved by Perret, seconded by deProsse, to 'adopt,Res., #77-53, as recorded in Res. Book 38,-p. 91,, A RES. BY THE;CITY,COUNCIL SUPPORTING LEGISLATIVE ACTION IN THE IA. GEN:" ASSEMBLY: TO REGULATE USE OF BEVERAGE CONTAINERS'IN THE STATE OF IA. Affirma- r'� "<tive'roll call vote unanimous, 7/0, all JF Councilmembers present., Councilman Perret `recommended copies ` of this Res. be for- r warded to Sen. Doderer, Rep:'Small, Rep. Hargrave;'the Clerks of the House & Senate, the 'staff. of-the. League of Ia. Mun. Atty'. Hayek explained 2 bills which ;are before,the State Legis.`conc. compli- �r ance-to a>city's comprehensive zoning ord. s bye political subdivisions of the State, & ha r t e Bd ,of Adjustment's ,power'to grant aria nces.'``He'sug'gested that the Council's Legis'Comm.' review these bills &make recomms.''The 'City Atty. recommended that Council, determine. the City's representation -the N.".Dodge Sti'litigation tonight & suggested;2 alternatives. Miyor'Neuhauser opened the adjourned pub- lic�hearing on the proposed ord. to amend '^ the�Zoning.Ord. by outlining the changes. Planning &.Zoning.Commr Bob Ogesen appear- ,'Cstatbdllthd Comm. had come to the con- clusion that.they wished.to continue hold- `>ing public hearings but felt the off. no- q<<;aice of-:the public hearing was unnecessary. '', ."Wayne'::Begley appeared. The public hearing -,' was declared closed. Moved by Balmer,`.seconded by Selzer, to adopt'RES.,#77-54, as recorded in Res. Book 38, p. 92, APPROVING PREL. & FINAL LARGE SCALE NON-RESIDENTIAL DEV. PLAN OF H014ARD JOHNSON'S M& LODGE: Affirmative roll call vote, unanimous, 7/0, all Council - members present. Moved by deProsse, seconded by Foster, to adopt RES. #77-55, as recorded in Res. Book 38, pp. 93-98, AUTHORIZING MAYOR TO EXECUTE & CITY CLERK TO CERTIFY AN AGREEMENT WITH THE CITY OF CORALVILLE,'IOWA, for housing assistance payments. Roll call: Ayes: Perret, Selzer, Balmer, deProsse, Foster, Neuhauser. Nays: Vevera. Res. adopted, 6/1. Mayor Neuhauser expressed apprecia- tion on behalf of the Council to the City of Coralville for their cooperation in this matter. Moved by deProsse, seconded by Perret, to adjourn the meeting to executive session to discuss litigation. Affirmative roll call vote, unanimous, 7/0, all Councilmem- hers present. (8:55 P.M.) A more complete description of Council ac- tivities is on file in office of City Clerk. ABBIE STOLFUS CITY CLERK MARY C. NEUHAUSER MAYOR i March 1, • COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES FEBRUARY 15, 1977 7:30 P,M, Iowa City City Council, regular session, 2/15/77, at 7:30 P.M. at the Civic Center. Councilmembers present: Balmer, deProsse, Foster, Neuhauser, Selzer, Vevera. Perret arrived at 7:42 P.M. Mayor Neuhauser presiding. Corrine Suter, 609 Brown, appeared 'concerning questions she had in reference to a letter from Assistant City Attorney Ryan in connection with the 902 N. Dodge St. rezoning matter. Council advised her to contact Asst. City Attorney Ryan for an interpretation of the letter. Wayne Begley, 804 Ronalds, appeared concerning disclosure of information on the rezoning issue. Mayor Neuhauser indicated that, although some infor- mation discussed in executive session had been given to answer specific questions asked by citizens, Council would not be releasing all the information to the public due to the pend- ing litigation which was initiated today (Kempf, Albrecht, et al. vs. City). Councilwoman deProsse commented that Coun- ci1 was trying to address both issues involved which were: (1),the development's failure to comply with the Large Scale Residential Development and Stormwater Management Ordinance, and (2).the rezoning matter. Several Councilmembers suggested that Mr. Begley, and others interested, seek legal counsel and intervene if they were not satisfied with the information pro- vided. Mr. Begley said he apologized if misunderstandings had occurred due to the way he expressed his views. Perret ar- rived, 7:42 P.M. r' City'Manager Berlin advised a stop work order had been issued on the construction, an injunction would be filed if I onstruction began again, and City staff had refused to issue a permit for -another building on the property. After City Attorney Hayek reviewed a petition filed 2/14/77 and deter- mined it was a request to rezone the 902 N. bodge St. property back to R2, it was moved by Foster and seconded by Perret to receive and place it on file. Motion carried unanimously, 7/0., After Councilman Foster withdrew his motion to refer ` the petition to the Planning and Zoning Commission, it was moved by Selzer, seconded by Foster, to refer the petition to the.City Manager and AssistantCityAttorney todetermineits sufficiency. Motion carried unanimously, 7/0. Marsha Linder, 1 830 Ronalds,,;apologized if a•,barrier had been created and re- lated the financial burden that some of the citizens involved r- had in paying their share of fees for their previous attorney. City Attorney Hayek suggested that the Hawkeye Legal Services could possibly be of some assistance. Mayor Neuhauser stated the City would be filing an answer to the Court petition with- " " in the next twenty days. Page 2 Council Activities February 1-8', 1977 Jeanne Smithfield, 422 Brown, appeared and expressed her opinion concerning the attitude and language used in discussing homosexuality in the proposed Human Relations Ordinance at the informal session yesterday. She asked Council to consider only the ordinance's merits. Council- man Balmer stated he had said homosexuals had the same rights -e as, any other person except that they could not impose their :• standards on other people. He further stated that, in his { opinion; the ordinance in its present form would set a dan- gerous precedent. Councilman Balmer apologized if he had offended anyone personally at yesterday's meeting. Rebecca Henderson, 611 Seventh Ave., appeared concern- ing the letter from the Iowa City Friends Meeting. Mayor Neuhauser indicated the letter would be received and filed at the public hearing on the Human Relations Ordinance. Council discussed parking requirements for the new estab- lishment called Grand Daddy'.s and came to the conclusion it would ,have a sufficient amount of space. It was moved by Balmer, seconded by<.deProsse,`that the following agenda items and recommendations;in the Consent Calendar be approved and/ or adopted as amended: ,Approval of.official.actions, regular Council meeting, 2/1/77, subject to correction,.as recommended by the City Clerk. Minutes of,.Boards.& Commissions: Comprehensive Plan Coord.`Comm.. -.2/2/77; Riverfront Comm. - 2/2/77; Human u Relations Comm. - 1/24/77 & 2/6/77; Mayor's Youth Employ- ment,,,Bd. — 1/24/77; Planning and Zoning Comm. - 2/3/77. Permit Resolutions, as recorded in Resolution Book 38, as -recommended by the City Clerk: Resolution #77-42, page 75, Approving Class C Beer Permit application for s Sav-Mor Deep Rock Stationstore, 1104 S. Gilbert. Reso- lution #77-43, page 76,,Approving Class C Beer Permit application for May's Drug Store #198, 1101 S. Riverside Dr.; :Resolution•#77-44, page 77, Approving Class C Beer Permit application for. Eagle Discount Supermarket #220, 1101 S. Riverside Dr. Resolution #77-45, page 78, Ap- proving Class C Beer Permit application for Eagle Dis- count Supermarket #157, 600 N. Dodge St. Resolution #77-46, page 79, Approving Class C Liquor Control Li- cense application for Grand Daddy's of Iowa City, 505 E. Burlington. Resolution #77-47, page 80, Approving Class C Liquor Control License application for The Se- rendipity Pub, 1310 Highland Court. Resolution #77-48, • Page 3 Council Activities February 15, 1977 page 81, Approving Class C Liquor Control License appli- cation for Gilbert Street Tap, 1134 S. Gilbert St. Resolution #77-49, page 82, Approving Cigarette Permits. Resolution #77-50, page 83, Approving Dancing Permit for Grand Daddy's of Iowa City, 505 E. Burlington. Resolution #77-51, as recorded in Resolution Book 38, page 84, setting public hearing on February 22, 1977, at 7:30 P.M. on the proposed plans, specifications, form of contract, and estimated cost for the 1977 Tennis Court Lighting Project. Motion to receive and file bylaws for the Board of Appeals. Correspondence: Linda Liskon, re development of City- wide recycling program; and Iowa -Illinois Gas & Electric Co., re Clinton Street Mall, both referred to Public Works Dept. Lutheran Church of Christ the King and Betty Kennedy re proposed Human Relations Ordinance, both re- ferred to Human Relations Department. Ralston Creek Coordinating Comm. Chairperson, re appreciation for Coun- cil's.support. City Attorney Hayek, re proposed Human Relations ordinance. Affirmativeroll call vote was unanimous, 7/0, all Councilmem- bers;present. : Mayor.Neuhauser.officially announced the public hearing on the,proposed"plans, specifications, form of contract, and estimated -coat for the 1977 Tennis Court Lighting Project would -be>held on February 22, 1977, at 7:30 P.M. at the Civic Center: Council noted the''recommendation from.the Riverfront Com mission-to"adopt the Flood Plain Management Ordinance, Plan- ning and Zoning Commission's recommendations to approve the final.plat of Sturgis Corner Addition and the preliminary and final plat of Tracy Lane Addition, and the Human Relation Com- mission's recommendations to change'the name of the Human Re- lations ordinance & Commission to Human Rights ordinance & Com- mission;and''approve additional minor changes in the proposed' Ordinance.. Pete Knapp, the developer of Lime Kiln Farm Estates, ap- peared concerning the final plat. It was moved by deProsse, ,seconded by Foster, to amend the resolution by adding a sen- tence stating that "the Agreement attached to the Resolution is by this.reference made a part of the Resolution Approving Final Plat of Lime Kiln Estates." Motion carried unanimously, 7/0. Then Councilwoman deProsse moved, Councilman Selzer Page 4 Council Activities February 15, 1977 seconded, to adopt Resolution #77-52, as recorded in Resolu- tion Book 38, pages 85-90, APPROVING FINAL PLAT OF LIME KILN FARM ESTATES as amended. Affirmative roll call vote was unanimous, 7/0, with all Council -members present. It was moved by Foster, seconded by Selzer, to set a public hearing on March 8, 1977, at 7:30 P.M. on a Planned Area Development for Village Green, Part 6, as requested by the developer's attorney. Motion carried, 7/0. Mayor Neuhauser summarized previous Council discussion concerning bicycle registration. Councilman Balmer was in- formed that an appointment would be made to the Housing Com- mission at the next Council meeting as he was concerned about the Commission not having a quorum to hold meetings. Mayor Neuhauser stated that buses were having problems getting around the corner of Grant'and Court Street. City Manager Berlin pointed out Council had passed a resolution last week ' to,.prohibit.parking in that area. He will check into the ` matter to 'insure that proper signs are posted. A' Councilman Perret presented a memo and read a resolu- tion concerning regulation of beverage containers. It was moved by„Perret, seconded by,deProsse,.to adopt. Resolution #77-53,.as recorded in ResolutionBook 38, page 91, A RESO- f LUTION'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. Council discuss- ed`the endorsement and effectiveness of this type of regula- tion in`other''states'including the State of Oregon. Affirma- ' tive'roll.call'vote was unanimous, 7/0, all Councilmembers present. -Councilman Perret recommended copies of this Reso- ' .lutiun be forwarded,to Senator-Doderer„ Rep. Small, Rep Har- grave, the ar- grave,'the Clerks'.of the House and Senate, and the staff of the League of Iowa Municipalities. City Attorney Hayek explained two bills which are before the.,State Legislature. One of the, proposed bills provides that the state, county, and other political subdivisions of the state must abide.by,a city's comprehensive zoning ordi- ;nance and seems to indicate that the University of Iowa would be required to comply. The other bill appeared to authorize the Board of Adjustment the power to grant a vari- u ,,ance if adjoining property owners and 758 of property owners ' located within 250 ft. of the property agree. He suggested that the Council's Legislative Committee review these bills and make recommendations. The City Attorney recommended that the Council should determine who would be handling the N.".Dodge,Street litigation tonight, possibly later in execu- :tive session if they desired. He stated he wished not to • Page 5 Council Activities February 15, 1977 represent the City in the suit, but advised of two alterna- tives: (1) asking Assistant City Attorneys Ryan and Kushnir to handle it, or (2) seek outside counsel. Mayor Neuhauser opened the adjourned public hearing on the proposed ordinance to amend the Zoning Ordinance by out- lining the changes. Planning and Zoning Commissioner Bob Ogesen appeared and summarized their discussion at the meet- ing held last night. He stated that they came to the con- clusion that they wished to continue holding public hearings but felt the official notice of the public hearing was unnec- essary. The procedure of notifying the public of a proposed rezoning was discussed, Wayne Begley, 809 Ronalds, appeared and stated he was in favor of lengthening the time period in which to consider rezonings to 60 days. The public hearing was declared closed. It.was moved by Balmer, seconded by Selzer, to adopt RESOLUTION #77-54, as recorded in Resolution Book 38, page 92, APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDEN- TIAL`DEVELOPMENT;PLAN OF HOWARD JOHNSON'S MOTOR LODGE. Affirm- ative:roll,call:vote was unanimous, 7/0, all Councilmembers present. A motion was made by deProsse, seconded by Foster, to . adopt RESOLUTION #77-55, as recorded in Resolution Book 38, pages, 93-98, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO CERTIFY AN AGREEMENT WITH THE CITY OF CORALVILLE, IOWA,'concerning housing assistance payments. Roll call: Ayes:..Perret, Selzer, Balmer, deProsse, Foster, Neuhauser. Nays:;-Vevera. Resolution adopted, 6/1. City Manager Berlin stated the agreement would be favorable to staff workload since the.number`of units available.would be increased which wouldAelp alleviate the problem of locating individuals. City Atty. Hayek stated the hold -harmless portion of the agreement had been reviewed by the Legal Dept. Mayor Nouhauner expressed appreciation on behalf of the Council tothe City of Coral- > ville-for theircooperation in this matter. It was moved by ,deProsse, seconded by Perret, to adjourn the meeting to executive session to discuss litigation. Af- firmative roll call vote was unanimous, 7/0, all Councilmem- bers present. (8:55 P.M.) MAYOR CITY CLERK Tape recorded on Reels 7-2 a -6 p 7 and 77 MINUTES COMPREHENSIVE PLAN COORDINATING COMMITTEE FEBRUARY 10, 1977 -- 7:30 P.M. CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Blum, deProsse, Jakobsen, Ogesen, Perret, Vetter MEMBERS ABSENT: Cain STAFF PRESENT: Bowlin, Geshwiler, Kraft, pHlkman, Oszm;in GUESTS PRESENT: Edgar Folk, Mary Folk Because Chairman Blum had not yet arrived, Committee member Ogesen asked if there were any additions or corrections to the minutes.of the meetings held on November 22, 1976, December 9, 1376, January 5, 1977, January 7, 1977, January 21, 1977, and February 2, 1977. A motion was made by Neu— hauser, seconded by Vetter, to nnnrove all the minutes as written. The motion caAM19ENRMk5.1y. Cormnittee memb for the Compr' review the F) the Committer. another time Senior Plann not be consi an amendment perly be cons" Committee member be valuable for Ordinance as a b necessary (CPCC) to mbers of it at shwiler, nce could strictly could pro— the City. it would .pon the The Committee then disc.—__ .,d Plain Management Ord— inance age by page. Below is a summary of the discussion of and/or changes made in the Ordinance: Cover sheet: Marianne Milkman, Assistant Planner, said that page 1 the descriptive sentence under the diagram should read the regulations allow fill or flood—proof structures in this area. In response to a question from Neuhauser, she then explained that the Flood Hazard Area was the same thing as the Flood Plain. Ordinance Description: Committee member Ogesen asked why the page letters OFP and OFW were in a different yyo Ki AWAW IVA AAF RETAKE OF PRECEDING- DOCUMENT 0 INFORMAL COUNCIL DISCISSION FI13RUARY 28, 1977 1:30 P.M. INFORMAL COUNCIL DISCUSSICN: February 28, 1977, 1:30 P.M., Conference Room at the Civic Center. COUNCILMBEKERS PRESENT: Neuhauser, Balmer, Selzer, deProsse, Vevera, Perret. ABSENT: Foster. EMBERS PRESENT: Berlin, Stolfus, Kraft, Schmeiser, Dietz, Vann. ZONING APPLICATIONS Senior. Planner Don Schmeiser was present to discuss the following applications: ' 9L'n Cae - Dick McCreedy was present. The third reading of the ordinance to rezone the property from RiA to RIB has been deferred to consider along with the preliminary LSRD and PAD. Parks and Recreation -Commission recoamended a trade for land for a neighborhood park farther south to compensate.for the storm water detention area in Willow Creek Park. (I acre).. If an agreanent.is made on this trade, the`third,reading,of the ordinance and the resolutions approving `:the PAD, LSRD and Plan will be'on the next Council agenda. Sctmeiser answered Councilman Foster's written question, noting that the enclosed'stairway was not a,legal attachment, and this was no problem with the building inspector. Village ween VI -Final Plat - There are no significant changes from the preliminary, plat. `- Village Green VI -PAD -. The public hearing was set for March 8th at Council's February.15th meeting. Westwinds-ISRD & Preliminary Plat - This application does not include - the LSNRD for the Racquet Club. This is an R3 zone near West High r - School. The developer will be asked for a letter concerning where the Club fits into the development, to resolve the LSNRD question. It. was noted that Merle Johnson plans to extend Mark IV west in a subsidized program.. There are 15 acres near there in a CH zone which Council decided should be looked into, and taken into consider-ation with the development of the Comprehensive Plan. ,., Ordinance on Procedure - Schmeiser noted that the Commission prefers not to hold a. formal public hearing with newspaper notice. He explained why; the public hearing should be held on a preliminary planned area "development instead of a final PAD by Council. The Commission is - considering in their by-laws, a procedure for public hearings. • • Informal Discussion Feb. 28, 1977 Page 2 TENNIS COURT LIGHTING City Engineer Gene Dietz outlined the criteria used to determine'the plans for lighting including: (1) use of 35' poles, the highest the City can service, (2) no poles on surface, (3) use of 1000 watt metal halide lamps, (4) provision of a minimum of 15 footcandles lighting level on all three courts. The payment provisions were explained, along with the previous low estimates for the project. AGENDA Councilman Perret advised that he was doing some research on Item 9, Ordinance Amending Home Rule Charter to make Section 6.01 Conform with Supreme Court Decision. ODUNCILTIME Mayor Neuhauser called attention to the questionnaire being sent to University Heights residents concerning the service contract with the City of Iowa City. She advised that the present Council could not bind any Councils in the future concerning street improvements, and she did not see that in the next few years that the City would even consider widening'Melrose Avenue., City Manager Neal Berlin stated that there were.. several mis-statements in their material and he would like to respond` to,them by putting out a factual documentto the residents of University. Heights correcting errors, and identifying problems and costs and Council agreed he should do this. It was pointed out that what happens with.'the- traffic 'on Melrose has to do with the development of thelUniversity. It.has always been the intent to bring Sunset Street down to tie into Highway 1. The Council offered to meet with University Heights residents. Iowa City will not continue to provide library or cemetery services without the contract. Mayor Neuhauser also called attention to the request from the University concerning the Lin anis. Center. As this project is of highest priority to the Governor and the Regents, they hope the Legislature will appropriate the money for it;this session: In answer to the request for expedient, consideration of the University request, the City Manager noted that the City has been negotiating on the sewer contract for two years, and this matter has not yet been resolved. If it were resolved, the Lindquist Center, approval could be handled more expeditiously. There was unanimous agreement by Council on his statement. The fast-track technique was explained. The excavating and foundations are built before the total building is finally designed. There are -cost savings because of inflation factors.. The City Manager explained that the surveys for the Com rehensive Plan had been lost by Federal Express and some of the questionnaires will be redone, by the same people and some new people will be asked to fill out questionnaires. Councilman Balmer asked for an update on the Ar hitectural Barrier Rawyal Pro== The capacity of the Hawkeve Drive Lift Station was discussed. Councilwoman deProsse explained that she would attend the • ! Informal Discussion Feb. 28, 1977 Page 3 'Environmental Review Record'. The inspectors are respon g o ccmp within 24 hours. Out of 1844 inspections, only 15 have gone to litigation. He presented slides showing common situations encountered by the inspectors. A summary of violations is on pages 43-45. Seydel advised that the department has a year's experience, and hoped that complaints were being lessened. A larger percentage of structures are being brought into compliance. Housing Rehabilitation Supervisor Jim Leighton described their accomplish- ments during the 4 months the program has been underway. They have had 90 inquiries, and are working on 13 grants, with actual construction on National League of Cities meeting and meet with the Transportation Committee of which she is a member, and will lobby with legislators. The Mayor advised that she will be taking notes and will write a short written report on what was discussed, and suggested others could do the same. The City Manager advised that the new travel policy includes a commentary provision.. DESIGN REVIEW COMMITTU Comnitteemenber Brian Gutheinz and Chairman Bruce Haupert, were present. Gutheniz stated that they would discuss the Design Review Cannittee and its continuance in the process of the development in the commnity. He noted a need for a set of standards or urban design goals to work toward. Their process is a matter of looking at function, economy and aesthetics „ together. Haupert distributed a handout which listed the ccmnittee's duties and their suggested provisions to be incorporated into an ordinance. These duties were discussed. Legality of authority for design controls has been reported on by Attorney Hayek in his October 1975 memo. Hayek also suggested that whatever design control Council wants to talk about, and whatever kinds of enforcement mechanises they want to use, be closely tied into the City's Comprehensive Plan. It was suggested that this control .takes away the rights of citizens. The procedure used by Kansas City,for consideration of Ordinances was discussed. A special fact dl sheet is prepared showing the effects of the ordinance, costs, etc. The Design Review Committee was requested to prepare a fact sheet on procedures, timeframe and criteria to be used for standards and present it to Council ,. in a month._ The Mayor stated that to legally take advantage of certain provisions in the Internal Revenue Code, a Iandnark Preservation Commission would have to be named. Council discussed whether or not the Design Review Committee could also serve as this Commission. A design review criteria' considerations report from the Department of Cannunity Develop- ment was distributed. NEIGHBCR1K)CD IMPROVFa' W PROGRAM City Manager Berlin announced that Mike Kucharzak has accepted the -: position of Director of Housing Inspection Services as established by Council. Program Coordinator Julie Vann outlined the presentations to be made by staffinembers and other questions which should be answered by Council. Senior Housing Inspector Bruce Burke discussed the Housing Code Enforcement Program, outlining the area covered as shown in their report entitled, A4- t laints 'Environmental Review Record'. The inspectors are respon g o ccmp within 24 hours. Out of 1844 inspections, only 15 have gone to litigation. He presented slides showing common situations encountered by the inspectors. A summary of violations is on pages 43-45. Seydel advised that the department has a year's experience, and hoped that complaints were being lessened. A larger percentage of structures are being brought into compliance. Housing Rehabilitation Supervisor Jim Leighton described their accomplish- ments during the 4 months the program has been underway. They have had 90 inquiries, and are working on 13 grants, with actual construction on • Informal Discussion' Feb. 28, 1977 Page 4 one grant. They have had a neighborhood meeting, and as a result, other applicants have called then; also he explained why the citizens are reluctant to trust the program. Vann'comnented on the dialogue from the meeting with several bankers and the subcommittee of the Advisory Group to develop a loan program, Mike Kucharzak called attention to the Housing Rehabilitation Financing Handbook, and discussed the requirements for an applicant's eligibility, Page 6-1, for a Grant. Page 7-4 outlines eligibility for a loan. 2.a should read, 'containing not more than two dwelling units', and 4.b should read, 1$17,400 per dwelling unit'. He explained the 312 loan Program at the Federal level, and compared the City's recommended program to it. Councilman.Selzer was concerned that the City would be competing with enterprise, and Councilman Vevera agreed. Vann stated that the hanks had said that the City was not infringing on the people that they (the banks) serve. Seydel advised that the median incomes are received from HUD, and he repeated that there were no negative comments from the banks. Kucharzak advised that they would be going back to the bank representatives next week with Council's comments. Vann presented a schedule for serving the whole 403 rehab area in three years by doing, 1/3 of the area each year, instead of keeping to the two snalLtarget areas. The City.Mananger suggested that the decision be 4 J.based:on what progress the program makes in the next few months, on what the demand is, and how it tends to move outside the specific target area. :"There was no consensus to change. There is a map of historic structures in the 403 area, and it was suggested that a Historic Preservation " Board be up.: Vann:asked if there was any consensus that the staff look into this. Neuhauser, Perret and deProsse favored the proposal. It will take some staff time and funds to match any grant for surveys. Site improvements for Washington Street were discussed. If sidewalk and alley projects are assessed to property owners, someone needs to figure out how low income persons could get assistance for these types of r .-repair. ' The City ,Manager noted that Council had made the decision on Washington Street to fund.only the first level, as presented. Nancy Seiberling was present, and noted that the City costs would be $24,000. The City Manager suggested that the staff come back and identify need levels and costs and specific recommendations, for other than those on Washington Street. It was moved by deProsse and seconded by Perret to adjourn to executive session for discussion of Collective Bargaining and for discussion of land acouisition. Upon roll call Balmer, deProsse, Perret, Selzer and Vevera voted 'aye', motion carried 5/0, Foster absent, and Neuhauser absent from the room. 5:15 P.M. Those present in addition to the 6 Councilmenbers were: Berlin, Keating, Bowlin, Hayek, Morgan, Higdon, Schreiber., Stolfus, Vitosh. It was roved by Vevera and seconded by Selzer to adjourn. Motion carried, all voting 'aye'. 5:40 P.M. The minutes of this meeting are recorded on Reel #77-7. ,E