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HomeMy WebLinkAbout1977-04-12 Council MinutesMINUTES OF OFFICIAL ACTIONS OF COUNCIL l� MARCH 29, 1977 The cost Opublishing the following procongs & claims is $ . Cumulative cost for this cal- endar year for said publication is $ Iowa City Council, reg. session, 3/29/77, 7:30 P.M., Civic Center. Councilmembers present: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera (7:32 P.M.). Mayor Neuhauser presiding. Mayor Neuhauser proclaimed weekend of 4/1-1/77, as "Dance Marathon '77 Weekend". Moved by Selzer, sec- onded by Perret, to discuss Item 4e(1), letter from JCRPC, separately from Consent Calendar. Motion carried, 7/0. Moved by Selzer, seconded by Balmer, that following items & recomms. in Consent Calendar be approved and/or adopted as amended: Approval of off. actions, reg. Council mtg., 3/15/77, subj. to corr., as recomm. by City Clerk. Minutes of Bds. & Comms.: P & Z Comm., 3/17/77; Parks & Rec. Comm., 3/9/77; U.A.Y. Bd., 3/7/77. Permit Res., as recorded in Res. Bk. 38, as rec. by City Clerk: Res. #77-87, p. 155, Approving Class C Liquor Control License Appl. & Res. #77- 88, p. 156, Approving Class C Liquor Licens% Sun- day Sales Appl. - B.P.O. Elks #590, 600 Foster Rd. Motions setting public hearings on 4/12/77 at 7:30 P.M. for Cemetery Ord. & on 4/5/77, 7:30 P.M. for Model Traffic Ord., both at Civic Center. Affirmative roll call vote unanimous, all Council - members present. Moved by Selzer, seconded by Vevera, that a letter be written by City Mgr. thanking JCRPC for offering to mediate cone. res. of Univ. Heights servs. con- tract, but telling them that Council will solve the problem themselves. Motion carried, 6/1, Perret voting "no." Moved by Selzer, seconded by Balmer, to adopt RES. #77-89, as recorded in Res. Bk. 38, pp. 157-159, TO APPROVE FINAL PLAT OF BRYN MAWR HEIGHTS, PT. 8. Affirmative roll call vote unanimous, all Council - members present. 'Moved by Selzer, seconded by Balmer, to adopt RES. #77-90, as recorded in Res. Bk. 38, pp. 160-162, TO APPROVE FINAL PLA1OF BRYN MAWR HEIGHTS, PT. 9. Affirmative roll call vote unanimous, all Council - members present. Moved by Vevere, seconded by Perret, to adopt RES. +#77-5„ is recorded In Res. Bk. 3E., pp.:fS-,[5, TO APPROVE FINAL PLAT OF BRYN MAWR HEIGHTS, PT. 10. Affirmative roll call vote unanimous, ell Council - members present. Mayor Neuhauser announced Council would be making on appointv,ent on 5%:+%77 to fill wdcancy on Paris & Rec. Comm. for an unexpired term ending 1/9/79. City Mgr. Berlin presented s Res. Establishing Just Compensation for CDBG Property Acquisition et Inter- section of Johnson St. b Ralston Greek of 11 S. John- son, an element of Rolston Creek Proj. Moved 'by deProsseconded by Perret, to adopt Rfk77-92, as recon in Res. Bk. 38, pp. 166-167, ABLISH- ING JUST COMPENSATION FOR CDB G PROPERTY ACQUISITION AT THE INTERSECTION OF JOHNSON ST. & RALSTON CREEK AT 11 S. Johnson, Lot 8, Blk. 40, for $20,000. Roll call: Ayes: Perret, Vevera, Balmer, deProsse, Foster, Neuhauser. Nays: Selzer. Motion carried, 6/1. After discussion of costs, funding and scheduling of bridge surveys, it was decided to discuss the matter further in informal session. City Atty. Hayek reported on the question of setting public hearing on N. Dodge St. property. A memo from Kraft will be coming to Council cont. property on Mormon Trek. Hayek discussed the community -wide moratorium in relation to the Comprehensive Plan & advised using the existing 60—day moratorium in the zoning ord. for the proposal. After discussion, deProsse moved & Perret seconded to set a public hearing on May 3, at 7:30 P.M. in Council Chambers for rezoning of Braverman tract located at inter- section of Mormon Trek & Benton, now zoned CH, to CH, PC, R3A or R3 zones or any combination thereof. Motion carried, 6/1, Selzer voting "no." The City Atty. will report on court decision on 902 N. Dodge at next Council meeting. Moved by deProsse, seconded by Perret, that ORD. DEFINING AND PROHIBITING CERTAIN DISCRIMINATORY PRACTICES IN EMPLOYMENT, HOUSING, PUBLIC ACCOMMO- DATIONS, AND CREDIT TRANSACTIONS, ESTABLISHING A HUMAN RIGHTS COMM., PROVIDING PROCEDURES FOR INVES- TIGATION AND CONCILIATION Or COMPLAINTS, PROVIDING FOR PUBLIC HEARINGS IN CONTESTED COSTS, & FURTHER PROVIDING FOR JUDICIAL REVIEW OR ORDERS OF THE COMM. be considered & given 1st vote for passage. Roll call: Ayes: deProsse, Foster, Neuhauser, Perret. Nays: Selzer., Vevere, Balmer. First consideration given, 4/3. Moved by deProsse & seconded by Perret to defer 2nd consideration of the Ord. to the April 12th meeting. Motion carried, 7/0. As per the City Atty.'s request, it was moved by Vevera, seconded by deProsse. to defer 1st consid- eration of the ORD. AMENDING ZONING ORD. 2238 BY CHANGING THE USE REGULATIONS FROM RIA & R3A TO RIB & R3A ZONES for Court Hill, Scott Blvd., Pt. 6, un- til receipt of report from legal dept. on agreements & refer the petition presented against the rezoning to Dept. of Community Dev, for verification of own- ership. Motion carried, 7/0. Developer Bruce Glasgow appeared. ?loved by Balmer, seconded by Selzer, to adopt RLS. N77-93, as recorded in Res. Dic. 38, pp. 168-169, APPROVING FINAL PLAT OF OAKRIDGE ESTATES ADD. Af- firmative roll call vote a to imous, 611 Council - members present. Developer Bill Bywater appeared. Moved by Perret, secunided by rfeProsst, to Iwve City Mgr, write a 'letter to Johnso vi Co. Bd. of Super- visors 6 Johnson Co. Zoning Comm. noting Council's reservations cone. the grade E the stub st., also mentioning that although the proposal was submitted by City staff, the proper questions were not raised by counsll rt vpperig fiat t fmle" Mh Oar, r..arrfi} 04 7/a. Moved byF ter, seconded by Balmer, to amend RES. DES IGNATI THE PARKING AREA LOCATED IN U CITY PARK AS A -HOUR PARKING AREA & AUTHORIZI ITY MGR. TO INSTALL & MAINTAIN SIGNS STATING AS SUCH to read "effective from Mon. through Fri." Motion carried, 7/0. Moved by Foster, seconded by Balmer, to adopt Res. #77-94, as recorded in Res. Bk. 38, p. 170, as amended above. Affirmative roll call vote unanimous, all Councilmembers present. Moved by deProsse, seconded by Selzer, to adapt RES. TO ESTABLISH & CHARGE A FEE FOR THE ACCEPTANCE OF ANIMALS TO ALL PERSONS RESIDING OUTSIDE THE CITY LIMITS. Mary Hill appeared & read a statement ob- jecting to proposed fee for bringing animals to the Animal Shelter. After it was suggested that Johnson Co. Bd. of Supervisors might wish to discuss the problem, City Mgr. Berlin stated he would send a letter to them to determine their interest. Moved by Foster, seconded by Perret, to defer this Res. & RES. ESTABLISHING ADOPTION FEES FOR DOGS & CATS AT THE ANIMAL SHELTER & REPEALING RES. #74-460 for 2 wks. Motion failed, 1/6. Moved by Foster, seconded by Vevera, to defer RES. TO ESTABLISH & CHARGE A FEE FOR THE ACCEPTANCE OF ANIMALS TO ALL PERSONS RESIDING OUTSIDE THE CITY LIMITS for 2 weeks. Motion carried, 7/0. Moved by deProsse, seconded by Foster, to adopt RES. #77-95, as recorded in Res. Bk. 38, pp. 171-172, ESTABLISHING ADOPTION FEES FOR DOGS & CATS AT THE ANIMAL SHELTER & REPEALING RES. #74-460. Roll call: Ayes: deProsse, Selzer, Vevera, Balmer. Nays: Foster, Neuhauser, Perret. Res. adopted, 4/3. Moved by Balmer, seconded by Foster, to adopt RES. 077-96, as recorded in Res. Bk. 38, p. 173, ENGAG- ING AUDITOR FOR THE YEAR ENDING 6/30/77. Affirma- tive roll call vote unanimous, all Councilmembers present. This resolution approves the appointment of firm of McGla dreg, Hansen, Dunn & Co., CPAs. 'Moved by Balmer. seconded by deProsse, to adjourn the meeting. Motion carried. '(9:45 P.M.) A more complete description of Council activities is on file in the office of the City Clerk. MARY C. NEUHAUSER MAYOR ABBIE STOLFUS CITY CLERK April 12, 1977 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MARCH 29, 1977 7:30 P.M. Iowa City City Council, regular session, 3/29/77, 7:30 P.M., at the Civic Center. Councilmembers present: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera (7:32 P.M.). Mayor Neuhauser presiding. Mayor Neuhauser proclaimed the weekend of April 1-2, 1977, as "Dance Marathon '77 Weekend"- It was moved by Selzer, seconded by Perret, to discuss Item 4e (1), letter from JCRPC, separately from the Consent Calendar. Motion carried, 7/0. It was moved by Selzer, seconded by Balmer, that the following items and recommendations in the Consent Calendar be approved and/or adopted as amended: Approval of official actions, regular Council meeting, 3/15/77, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: P & Z Comm, - 3/17/77; Parks & Rec. Comm. - 3/9/77; U.A.Y. Bd. - 3/7/77. Permit Resolutions, as recorded in Resolution Book 38, as recommended by the City Clerk: Res. 7177-87, page 155, Approving Class C Liquor Control License Application and Res. #77-88, page 156, Approving Class C Liquor License, Sunday Sales, Application for B.P.O. Elks #590, 600 Foster Road. Motions setting public hearing on April 12, 1977 at 7:30 P.M., for Cemetery Ordinance and setting public hearing on April 5, 1977, 7:30 P.M., for Model Traffic Ordinance, both at the Civic Center. Affirmative roll call vote was unanimous, all Councilmembers present. Mayor Neuhauser formally announced the public hearings on the Cemetery Ordinance and Model Traffic Ordinance as indicated above. City Manager Berlin noted that the Truck Traffic Study on Kirkwood is completely independent from the Traffic Ordinance and Council would be receiving a report on it this Friday. Council discussed the letter from Johnson County Regional Planning Commission offering to mediate concerning resolution of the University Heights services contract. A motion was made by Selzer., seconded by Vevere, that a letter -be written by the City Manager thanking JCRPC for their offer, but telling them that the Council will solve the problem themselves. Motion carried, 6/1, Perret voting "no". Council noted recommendations from the P & Z Comm. to adopt the Flood Plain Management Ordinance, approve the request to rezone the east seven feet of Ixt 6, Clock 42 of the Orl;lnel Towr, of Iowe rlty, apprtwe preliminary plot of Wendram Bluff, approve the preliminary and final plot of Orchard Court 'Subdivision, and approve the final plats of Bryn Mawr'Heights, Parts Vi91, '[X, and X. It was moved by Selzer,, seconded by 'Balmer, to adopt RESOLUTION 077-89., as recorded in Resolution Book 38, pages 167-159, TO APPROVE THE FINAL PLAT OF BRYNMAWR HEIG04T6, PART VIII. Affirmative roll call vote was unanimous, eli Counciivaemmbers present. oncil Activities March 29, 1977 Page 2 A motion was made by Selzer, seconded by Balmer, to adopt RESOLUTION k77-90, as recorded in Resolution Book 38, pages 160-162, TO APPROVE THE FINAL PLAT OF BRY N MAWR HEIGHTS, PART IX. Affirmative roll call vote was unanimous, all Councilmembers present. Councilman Vevera moved, Councilman Perret seconded, to adopt RESOLUTION k77-91, as recorded in Resolution Book 38, pages 163-165, TO APPROVE THE FINAL PLAT OF BRY N MAWR HEIGHTS, PART X. Affirmative roll call vote was unanimous, all Councilmembers present. Mayor Neuhauser announced Council would be making an appointment on May 3, 1977, to fill the vacancy on the Parks and Rec. Comm. for an unexpired term ending January 1, 1979, and requested notice be published in the newspaper. City Manager Berl in stated that the ordinance establishing a Resource Conservation Commission would be placed on the agenda after April 11. He also noted that Iowa State Bank & Trust and Perpetual Savings & Loan Assoc. will be meeting with the Design Review Committee on March 30 at 4:30 P.M. at the Civic Center to determine when construction can begin on both of their new bank sites. Community Development Director Dennis Kraft indicated his report on the Block Grant would possibly be finished late this Thursday morning. Councilman Selzer commented the United States House of Representatives' vote represented the best interests of all Iowa Citians regarding the common -situs picketing bill. Councilman Balmer suggested passing the I.C.M.A. article on conservation of energy on to the Resource Conservation Commission when established. He further commented that the Mayor's report on the National League of Cities' conference was very good. The Mayor explained that the Comprehensive Community Development Programs proposed be this year, would Iowa City's present program where they pickedtan area and concentrated working on rehab of housing as well as adjacent improvements in that area. Councilman Balmer reported on the meeting held with Senator Minnette Doderer and Representatives Arthur Small and Linda Svoboda on Saturday. He .pointed out that he was glad City Manager Berlin was there and was on top of the issues discussed. although comments made seemed to fall on deaf ears. The City Manager stated that there was no real communication. it was suggested that the City needed to start earlier and be more vocal on issues., and be prepared with a presentation on issues Council is interested in. The Council could send written questions to legislators ahead of time. In regard to the -relationship between the projects in the five-year Recreation Plan of the Johnson County Regional Planning Commission's Lomprehens'ive Tiaf, and Cit)"s Comprehenc",,ne "Plar-, the City *anagor advised that the Iowa City Parks and Recreation Commission will snake specific recommendations on the project list to Council. It has nothing to do with 'Iowa City's Comprehensive Plan, as Iowa City will use its own five-year Park Plan, as adopted in 9976 which provides eligibility for funding from the 73ureau of 0vtdnnr ,tFrr-PHtion. Some elements of Iowa City's plan were incorporated in the oCRPC plan. Other communit -les will need the JCRPC pian to be eligible for BUR funds. • C&il Activities MaWh 29, 1977 Page 3 City Manager Berlin presented a Resolution Establishing Just Compensation for CDBG Property Acquisition at the Intersection of Johnson Street and Ralston Creek at 11 S. Johnson, Lot 8, Block 40, for $20,000. This is an element of the Ralston Creek Project. The City Manager stated, regarding the comment that there was not enough information presented, Council could defer the Resolution and start the process over. However, he would then want to discuss the process by which Council is going to approve block grant programs. It was moved by deProsse, seconded by Perret, to adopt RESOLUTION N77-92, as recorded in Resolution Book 38, Pages 166-167, ESTABLISHING JUST COMPENSATION FOR CDBG PROPERTY ACQUISITION AT THE INTERSECTION OF JOHNSON STREET AND RALSTON CREEK AT 11 S. Johnson, Lot 8, Block 40, for $20,000. Roll call: Ayes: Perret, Vevera, Balmer, deProsse, Foster, Neuhauser. Nays: Selzer. Motion carried, 6/1. City Manager Berlin pointed out that on two occasions City staff had provided material regarding bridge surveys which included a memo spelling out the Public Works Dept.'s schedule. He indicated staff will proceed according to the schedule. After discussion of costs, funding and scheduling, it was decided to discuss the matter further in informal session. City Attorney Hayek reported on the question of setting a public hearing on the N. Dodge Street property. In the notice and referral to the Planning and Zoning Commission, specific zoning categories must be stated along with a legal description of the property. A memo from Kraft will be coming to the Council concerning the property on Monson Trek. Hayek discussed the community -wide moratorium in relation to the Comprehensive Plan and advised using the existing sixty-day moratorium in the toning ordinance for the proposal. After discussion, deProsse moved and Perret seconded to set a public hearing on May 3, at 7:30 P.M. in the Council Chambers for rezoning of Braverman tract located at intersection of Mormon Trek and Denton, now zoned CH, to CH, PC, 113A or R3 zones or any combination thereof. Motion carried, 6/1, Selzer voting "no". The City Attorney will report on the court decision on 902 N. Dodge at the next Council meeting. It was moved by deProsse. seconded by Perret, that the ORDINANCE DEFINING AND PROHIBITING CERTAIN DISCRIMINATORY PRACTICES IN EMPLOYMENT, HOUSING, PUBLIC ACCOMMODATIONS, AND CREDIT TRANSACTIONS, ESTABLISHING A HUMAN RIGHTS COMMISSION. PROVIDING PROCEDURES FOR INVESTIGATION AND CONCILIATION OF COMPLAINTS, PROVIDING FOR PUBLIC HEARINGS IN CONTESTED COSTS, AND FURTHER PROVIDING FOR JUDICIAL REVIEW OR ORDERS OF THE COMMISSION be considered and given first vote for passage. Roll call: Ayes: deProsse, Foster. Ne uhauser, Perret. Nays: Selzer. Vevere, Balmer. First consid- eration given, 4/3. It was moved by deProsse and seconded by Perret to defer the second consideration of this Ordinance to the April 12th meeting. Motion carried, 7/0. As the City Attorney's request, it was moved by Vevera, seconded by deProsse, To defer first consideration of the ORDINANCE AMENDING THE ZONING ORDTNANCE 2238 BY CHANGING THE USE REGULATIONS FROM RiA AND R3A TO RiD AND R3A ZONE'S for -Court Hi 11, Scott Blvd., [It.. G, until receipt of reportfrom legal department on the agreements and refer the petition presented against the rezoning to the Department of Community Development for verification of ownership. Motion carried, 7/0. Developer Bruce Glasgow was present for oiscussion of the properties. • • Council Activities March 29, 1977 Page 4 It was moved by Balmer, seconded by Selzer, to adopt RESOLUTION H77-93, as recorded in Resolution Book 38, pages 168-169, APPROVING FINAL PLAT OF OAKRIDGE ESTATES ADDITION. Affirmative roll call vote was unanimous, all Councilmembers present. Developer Bill Bywater was present for discussi on. It was suggested that Council establish a policy for sub- division requirements outside the City. The City Manager will review the work schedule with the Planning Division to see if this can be worked on. It was moved by Perret, seconded by deProsse, to have the City Manager write a letter to the Johnson County Board of Supervisors and the Johnson County Zoning Commission noting Council's reservations concerning the grade and the stub street, also mentioning that although the proposal was submitted by City staff, the proper questions were not raised by Council at the appropriate time. Motion carried, 7/0. It was moved by Foster, seconded by Balmer, to amend RESOLUTION DESIGNATING THE PARKING AREA LOCATED IN UPPER CITY PARK AS A FOUR-HOUR PARKING AREA AND AUTHORIZING THE CITY MANAGER TO INSTALL AND MAINTAIN SIGNS STATING AS SUCH to read "effective from Monday through Friday." Motion carried, 7/0. A motion was made by Foster, seconded by Balmer, to adopt Resolution 077-94, as recorded in Resolution Book 38, page 170, as amended above. Affirmative roll call vote was unanimous, all Councilmembers present. It was moved by deProsse, seconded by Selzer, to adopt RESOLUTION TO ESTABLISH AND CHARGE A FEE FOR THE ACCEPTANCE OF ANIMALS TO ALL PERSONS RESIDING OUTSIDE THE CITY LIMITS OF IOWA CITY. Mary Hill., R.R. 2, appeared and read a statement objecting to the proposed fee for bringing animals to the Animal Shelter, She suggested that veterinarians in Iowa City run a clinic one day per week to spay and neuter animals at a reduced fee. After it was suggested that the Johnson County Board of Supervisors might wish to discuss the problem, City Manager Berlin stated he would send a letter to them to determine their interest in discussing the matter. It was moved by Foster, seconded by Perret, to defer this Resolution and the RESOLUTION ESTABLISHING ADOPTION FEES FOR DOGS AND CATS AT THE IOWA CITY ANIMAL SHELTER AND REPEALING RESOLUTION 074-460 for two weeks. Motion failed, 1/6. It was then moved by Foster, seconded by Vevura, to defer the RESOLUTION TO ESTABLISH AND CHARGE A FEE FOR THE ACCCPTANCE OF ANIMALS TO ALL PERSONS RESIDING OUTSIDE THE CITY LIMITS OF IOWA CITY for two weeks. Motion carried, 7/0. It was moved by deProsse, seconded by Foster„ to adopt RESOLUTION 077- 96, as recorded in Resolution Book 38, pages 171-172, ESTABLISHING ADOPTION 'FEES FOR DOGS AND CATS AT THE IOWA CITY ANIMAL SHELTER AND REPEALING RESOLUTION 074-460. Roll call: Ayes: deProsse., Selzer, Vevera, Balmer. Nays: Foster, Neuhauser, Perret. Resolution adopted, 4/3. R motion %wt's made by Be imer., seconc!eO .by r^iter, to adopt PTSOs! VTION 077-96, as recorded in Resolution Book 38, page 173, ENGAGING AUDITOR FOR THE YEAR ENDING JUNE 30, 1977. Affirmative roll call vote was unanimous,, all Councilmembers present. This resolution approves the appointment of the firm of McGladrey, Hansen, Dunn 6 Co., Certified Publir Ac-nuntants, as tfie auditor for the City for the year ending June 30, '1977. 0 0 INFORMAL COUNCIL DISCUSSION MARCH 28, 1977 1:00 P.M. INFORMAL COUNCIL DISCUSSION: March 28, 1977, 1;00 P.M., Conference Room at the Civic Center. COUNCILMEMBERS PRESENT: Selzer, Vevera, Balmer, Perrot, deProsse (1:15), Neuhauser (1:25). ABSENT: Foster. STAFFMEMBERS PRESENT: Berlin, Stolfus, Kraft, Schreiber, Seydel. ZONING APPLICATIONS Don Schmeiser, Senior Planner, was present for discussion of problems and constraints In each of the following items: Bryn Mawr Heights VIII. IX and X - The legal papers are not signed, but will be presented before Tuesday nights meeting. The agreements for the overwidth paving have been al ready approved by Council. Wendram Bluff - The difference between the Staff recommendation and the Planning and Zoning recommendation was noted. This Is the first preliminary plat to be presented after Council addressed concerns about public improvements In County subdivisions. Court Hill/Scott Boulevard V -Rezoning - Planning and Zoning COIINnIssIon disagreed with the Staff's recommendation. He pointed out that Staff reports Include both the Community Development and Public Works Divisions recommendations. Scott Boulevard is planned for 100' width. Council discussed sewer capacity and the agreement presented, The City and Developer have agreed that the City would Issue sewer permits until It runs out of capacity. City Attorney Hayek expressed concern that this mIg ht be contract zoning. The CIty,Manager stated That the legal staff had reviewed this agreement but he would contact them. Councilman Selzer commented that the Council should settle the question about what to do about Scott Boulevard. The City Manager noted that the Public Works Department was working on a report regarding ownership of property In that area, which had been scheduled for the 11th. Consultant ZuchelII will be here on that date, hnwever, so the dlsrusslon wl11 he rescheduled. Oakrldgn Estates � The City Managur edvlsad that there was no binding resolution mane concerning the grade. The December 3rd memo from Schmelser was read. HOUSING MAINTENANCE AND DCGUPANCY CGDULANDi-= TENANT INITIATIVE ORDINANCE Huubiny L&0Mit6bKm Opasrwun i-rnouce branyun c,aerwntuo tnal tnei hag pal In three years of Involvement in the Housln D Meintenance and Occupancy Code, vhlch was modeled efter the American Public Health Associatlon • •formal Discussion Mar. 28, 1977 Page. 2 Ordinance. Since the last discussion of the draft ordinance they have (1) removed mandatory cyclical inspection of the owner-occupled residences, (2) removed mandatory pre -conveyance inspections, and (3) added Retaliatory Conduct. They did not make a recommendation on rental permit fees, which are now $10 + $1 per unit per year. Inspector Burke stated there Was about 95% compliance with rental permits. Councilmen Balmer and Selzer noted approval of the Code. Observations made included: Temporary permits; change for Section 9.30.7 on pilot lights, and in reference to the Plumbing and Electrical Codes, to state 'as used in Iowa City'; suggestion that in 9.30.7.W, OSHA requires guardrails to be 42" high; in 9.30.8.J, deletion of the last six words, 'as approved by the Housing Inspector'; explanaiion by Seydel of 9.30.8.A concerning window area; in 9.30.IO.L, the City Attorney commented that the following could be added, "except where ponding is required in connection with the storm water detention ordinance"; 9.30.10.0, use "all applicable building codes", not just Unif, Bldg. Code; the section on retaliatory eviction. Harry Baum was present for discussion. He did not think the retaliatory section was adequate. The City Attorney also questioned Section 15, Ist paragraph. He commented that Council should either leave out retaliatory conduct and not give the image of protecting people or have a section -- that is effective. Council discussed effect on leases. The language used in the mobile home ordinance was discussed. Seydel objected to using it. The second paragraph gives the enforcement strength. Hayek questioned the word 'solely' and Baum suggested using 'predominately'. The City Attorney was dsked to suggest changes regarding the burden of proof. On page 10, J, Baum objected to the main enforcement procedure being revocation of the rental permit and vacating of the building. Burke commented that this almost never happens. Branson stated that once people know it is a priority with Council to enforce the Codes, they will start bringing properties up to Code. Commissioner Robert Hibbs commented that i t was Important from a City policy standpoint to consider the ultimate effect --does Council want a policy ordinance that encourages construct ion of additlonal housing or one that retards additional construction of housing. Clemens Erdahl responded that If Council was considering rent control, that argument would be valid. He thought it would Increase investments. Branson advised that out-of-town mortgage money Is drying up right now. Baum thought In -town mortgage money was drying up also, Mayor Nouhausur suggested that the Housing inspector tell ^the Council publicaly If he Is having problems wiTn entorcemeni. Council decided to defer discussion on the Traffic Ordinance, and continue r•'tt, d- It, eueaiori pr, the Terib f,t,'Lrradifir o )uiv it, mive Urvlila"r.e. Eaum, discussed rent abatement, stating their remedies were more effective, and not'Ing that Section 4.104 had been uphe Id in court (the defect was of a major sIgnIIIronr.F), Mevor-Nnuheuser that ghe was In favnr of some form of rent abatement, Counrllwona rr dyPrnse,r msjrN"d. This rnulrl he Ir, e., r,. rrigH...,e ""I'trr_h 4r,^ +r,, kou-.rw, r;rd l n.vr,r, �yA -:% ! advised That Tnere are some rent ubutem"irrl Trrov Lion& already In the btete Code. • In•nal Discussion Mar. 28, 1977 Page 3 It was pointed out that Assistant Attorney Kushnir's letter of March 8th to Harry Baum outlined, from a legal standpoint, areas in which there were questions, specifically where the proposed ordinance dictates terns between landlords and tenants (a private contract). The City does have authority to legislate in the housing code enforcement and housing maintenance areas, and does have authority to adopt rent withholding as an enforcement device in the housing maintenance types of things. He stated that it was now up to the proponents to decide what kind of response they want to make. Erdahl commented that even if they work collectively with the City, they will not compromise on their discrimination sections. They welcome comments, and after previous discussions with homeowners and apartment owners, wi 11 change some of their provisions. Branson pointed out that their comments had been made before Attorney Kushnir had made his suggestions. They are on record as being opposed to the Tenant/Landlord Ordinance, and are totally committed to the Housing and Code Enforcement Ordinance. She thought that this was as far as the community wants to go, and the Commission did not think it was their duty to write the Tenant/ Landlord group's proposal for them. She noted local objections to 1.404.C, 4.104, and 4.105. Hibbs commented that 1.404.0 makes the whole code a part of every lease written. Branson commented that she could see considerable costs and additional personnel needed. Seydel stated that there was a question If the City could be an escrow officer. Erdahl asked if anyone was interested In provisions concerning discrimination against families with children. The group w ill get signatures of registered voters before presenting their ordinance to Council. Seydel stated that there will be opportunity for Council input when Council gets the petition with the 2500 signatures. FLOOD PLAIN ORDINANCE Director of Public Works Dick Plast ino explained what the ordinance does, and how the federal government determined guidelines for the Floodway Fringe, the Floodway and Floodplain. These are shown In a drawing attached to the proposed ordinance. He di,cussed non -conforming structures, and the need for a Special Use Permit. About 80 persons have taken advantage of the flood Insurance. The ordinance wlII need to be adopted before May I. Assistant Attorney Angela Ryan commented that Attorney Meardon had said he would test the ordinance's validlty. If the City gets sued, they can sue the Federal Government, as the City is being told to pass this ordinance. The proposed ordinance Inas been sent to the Comprehensive Plan Committee, the Ralston Creek Commlitse, the Riverfront Commission, Planning and Zoning Commission, and to several developers. NORTH DODGE STREET ZONING Attorney Hayek noted that there had been a ruling that the building could be completed on the grounds that they sold the Tract on which the apartment bullding is located In a "nofIds sale to Yoder Construction Company. Attorney Hayek asked for r ime To decide on whet To ao, before Council sets a publ is heeering nn 'thr remohidnr e,4 tlu� property lit 11tol area. He indica Tea Tnat tie old net ^rhlnh This hab 5ior'lticant 120Yerst ramifications in the entorcemmit of the Storm wutrnr munngemuni ordlnancu. Hayek advised he would report on the proposed rezoning for Mormon Trek property at the regular meeting. --- 1 10formal Discussion Mar. 28, 1977 Paw, 4 It was moved by deProsse and seconded by Vevera to adjourn to executive session to discuss acquisition of property at II S. Johnson. Upon roll call Balmer, deProsse, Foster, Neuhauser, Perret, Selzer and Vevera voted 'aye'. Motion carried, 7/0, 4:30 P.M. The minutes of this meeting are recorded on Reels k8 and #10. k:eatrs prrt.#x V, p, L ,r ,r RETAKE OF PRE( CUING DU 'L !'t IORM MICRO)l AB IARGEI SERIES 0 INFORMAL COUNCIL DISCUSSION APRIL 11, 1977 1:00 P.M. INFORMAL COUNCIL DISCUSSION: April 11, 1977, 1:00 P.M., Conference Room at the Civic Center. COUNCILMEMBERS PRESENT: Neuhauser, Selzer, Vevera, de Prosse, Foster, Perret, Balmer. Mayor Neuhauser presiding. STAFFMEMBERS PRESENT: Berlin, Stolfus, Vitosh, Schreiber, Dietz, Kraft, Glaves, Jones. AGENDA Item 21 - To be deferred, the legal papers for Westwiuds have not been submitted. Item 4.e.2. - The City Manager advised that the matter had been referred to the Legal Department. Item 3.b.6. - The City Manager explained the disagreement between the Library Board and University Heights, and as negotiations continue, wants to be sure that no problems exist between the Board and the City regarding this. Item 3.b.4. - Comprehensive Plan Coordinating Committee minutes of March 24th, Councilman Perret explained the microwave tower. Item 16 - Councilman Vevera expressed opposition to the agreement with Riverside. Housing Chairman Fredine Branson explained scattered sites agreement. URBAN RENEWAL FINANCING (Financial Pian memo in packet of April 8, 1977) Mayor 'Neuhauser stated that Scott MacDonald would be explaining the financial plan and key financial parameters in four sections: public improvements, parking ramps, master cash flow, and Urban Renewal Project R-14 budget„ as Don Zuchelli was in the hospital. MacDonald pointed out that they had worked closely with an excellent Iowa City staff (especially Rosemary Vitosh and Paul Glaves) on this extremely complex financing plan. As Iowa City is a financially well-managed city, to conserve the Triple A rating and image, the approach was conservative. A higher interest rate was used, for a safety margin. There is no problem in selling the bonds. Public Improvements - For budget planning purposes, $500,000 was added to construction costs for streets, underground utilities and land- scapinq, divided as follows: $150,000 for the Washington Street bus we" tin; area., !Plarlting, 'lighting, graphics. shelter and paving): 6128,000 for new roadway, walks, large trees, lighting, graphics on • Inal Discussion Apol l , 1977 Page 2 Capitol Street; for other areas downtown, $75,000 for trees, signage, street furniture, lighting; 10% for contingency and 10% for fees. Added to the 1.8 million for improvements on College and Dubuque, this totals the 2.3 million (Page 5) as total cost of public improve- ments. Architects Associated Engineers and Sasaki will discuss the possibilities with Council later. The 2.3 million would be funded by General Obligation Bond for essential corporate purposes, with level principal payments for 15 years. This will not require a referendum. Parking - On Page 6, parking ramp on Block 83/84, the correct cost per car space under I.A. is $3,500, and the estimate is for 880 cars, for a total cost of $3,090,000. Because investors are wary of parking bonds, because it is all related to parking revenue and not the general revenues of the City, they demand that you show them projections of 150% revenue of what you actually need, a 50% safety margin. By using the 1 million on hand in the parking enterprise fund, the bond issue would be just over 2 million dollars, and would allow the City to show $294,528 of income. This proposal did not eliminate any meter maids salaries. Construction would be staged as well as removal of parking, as there will be a shortage of parking spaces while construction is going on. One alternative is to use the Library lot. Glaves pointed out that 150 spaces will be lost on the Washington Street Lot, 31, from the Moose Lot on Block 83, 27 on College St. from Clinton to Capitol, and 16 on College/Dubuque, a total of 224 spaces. There are some problems with the second parking ramp. You do not sell a second bond issue, the system as a whole finances the revenue bonds. The staff looked at alternative revenue sources, and to come up with an equity of one million, MacDonald pointed out Item F. on Page 9. (The Iowa State Bank money is on hand and was counted in the first million.) There may be a legal question about using $75,000 of interest on G.O. Bonds on deposit, so they are substituting interest from the first parking garage bonds, $50,000, plus some contingency, plus cutting into the safety margin. There will also be some interest from the first million in securities during the second year. One Page 8, Annual Costs are shown as $550,000, (150% for investors), of this $418,000, (100%) is actual costs, so $132,000 will be surplus. Glaves advised that there would not be any legal problem in using the return from a parking revenue bond to replace comnuni ty development funds. It is an allowable purpose. The typical downtown lot generates about $200.00 per space. To show investors that Iowa City can come up with $550,000 of revenue, fees for meters and lots will have to be increased by 5� an hour. Ramps will also be 15c an hour, which could be increased dt a later date. This can tie into the merchants Park and Shop Plan. Council discussed alternative pricing mechanisms. Library consultant Rolfe asked who would provide parking for the Library if it was in the Central ilusiness District, and was told that the policy of the City NO that the City provides parking in the COG. There dre olreddy 300 parking spaces at that lot, and the ramp would add 140 spaces to those already there, The City would not sell revenue bonds for Inal Discussion • Ap(Wl1, 1977 Page 3 a ramp unless the developer would buy the land and be committed to building the hotel. There can be an arrangement with a hotel developer to lease space in the parking ramp. Probably both ramps would not be open at night. The City would have to test and experiment; maybe use automatic equipment. Parking meters can be adjusted to reflect any changes. Cash Flow -Urban Renl Project R-14 - Glaves handed out a paper showing the Community BT c Grant app ication for 1-Y18. Page 22 of the Financial Plan sets forth the strategy to completely 'buy out HUD', and will allow the City to dispose of all the land under the Block Grant Program. The extra sheet showed Block Grant funds in the amount of $535,000 not to be spent until after July, 1978. Glaves suggested buying all the remaining urban renewal land from the LPA with it, after which the CDBG application could be amended. On Page 22 of the Financial Plan, $965,650 is the value of the balance of land in inventory now owned by the LPA, according to re -use values set by Council in March. This will save paying interest. To be able to pay $1,613,000 outstanding notes in August, $412,388 will need to be refinanced. It is important to expend the $152,000, project improvements, as soon as possible, so that HUD will release the 5% it is withholding from the capital grant in September, after the City has applied for the audit, which is done by the City auditors. Although the McGladrey auditing firm has not reviewed the program; the financial consultant, Paul D. Speer & Co. has. Downtown Develo ent-Master Cash Flow - A correc tion for Page 10 in Line is shou d be Land Purchase from LPA' (not HUD). The first parking garage would begin construction early in 1978, opening mid 1979, consistent with opening of the sho ping mall. The second parking garage hinges on two things: (1� completion of the first garage, and (2) a firm commitment by the hotel developer. MacDonald saw some improvement regarding financing for hotel/motels. Council discussed the consensus to put the Library on Block 65, depending on the bond issue. Glaves advised that Block 64 had specifically been ruled out. MacDonald explained the budget deficit of $63,250, in Debt Service, Page 16, second paragraph. It was pointed out that the $152,000 could be used for architectural fees. Land sales revenues are explained on Page 18. It was noted that Block 84 is the key issue. The mini -parks will be bid. Selzer objected to not bidding Block 65, as it could be of prime interest for local developers. MacDonald stated that the City is saying that it is City policy to provide parking ramp sites, site for housing for the elderly and a library site, and that is why the reserve fund is lower than it would otherwise be, and revenues are understated. The $800,000 already spent is the bottom line to rebudget back into block grants. Another correction is on Page 18, Line 9 in Land Sales Revenues, the Parcel should be 65/4 (not 65/2). MacDonald stated that in regard to the location of the parking ramp, the access will be off Capitol Street, also the er.it will be on to Capitol St. The City Manager advised that the staff will consider any alternatives that developers come up with. Parking needs to serve not only the mall area but the other a ammerciel area., and •rural Discussion Al 11, 1977 Page 4 this will be stated in the bidding documents. MacDonald stated that the disposition document will give a complete picture, including pricing, how land parcels were, massing, floor area ratios. This criteria will be evaluated, along with the rules for submitting bids, within the next four to six weeks. General discussion included: using South 1/2 of Block 83 for elderly housing; cost factor and legal documents needed for an air rights integrated project; conservation of energy; probability of having to enclose the mall to get a department store; Council policy for an exit on Clinton; Clinton will be kept open and at the present width; pedestrian crossing problems at Clinton and College and Clinton and Washington; question of putting Block 65 up for bid, because there is not enough retail to fill up both Blocks 84 and 65. Concerning the relationship between the public investment'vs. projected private investment, MacDonald presented a written Value Table, and pointed out that the ratio was 6.5, with Plaza Centre improvements not included. If Plaza Centre was included, the ratio would be 8.0. (a normal ratio is between 6 and 10). The City Manager stated that concerning the grade for the sidewalk at Plaza Centre, it was under control. The final decision on public improvements will be brought to Council by the architects. Council agreed that the staff should proceed with preparing the bid documents with these financial parameters in mind. The CDBG application will be amended, and preparations be made for the bond sale. The rate increase for parking meters will be later. Concerning the recap of information presented at the previous urban renewal discussion as outlined in the Blue Document, the City Manager advised that they were not viable for alternatives and decisions. It was noted that the typed portion concerning cost analyses would be useful. Glaves advised that the retention of either mini -park cannot be justified on an economic basis. The mini—parks will be on the market for private development. Regarding the focal point, the Mayor cautioned that everyone be aware of the limitations of essential corporate purpose bonds. Robert Welsh asked why Block 103/3 was designated for just elderly housing, and not for subsidized housing. Glaves replied that the site certification by the insuring office was for elderly only. The post office site was also for elderly only. ZONING APPLICATIONS (Senior Planner Don Se hmeiser was present for discussion.) Oakes Subdivision - This was instigated by the Planning and Zoning ommnssion. Scott Boulevard - The intent is to do the zoning and the subdivision at the same time. Cuuncil will not approve the subdivision without the agreement. Winding Creek - Council has been provided with a draft of the letter —'ek Ping sent. The Mnyor noted that if the Council turned this down, 4 Inal Discussion Ap 11, 1977 Page 5 they would not get any other Section 8 proposals. City Manager Berlin advised that he had changed his mind and did not feel as negative about it, as there will be other development out there. Also some recreation facilities will be provided. Housing Commission Chairman Fredine Branson stated that their Commission had voted 4 to 1 against, however she thought that it fell within the City's housing assistance plan. Severe police problems in that area were discussed. Bob Johnson, representing the Tommy Tucker Agency and Manager for the Mark IV Apartments, stated that the situation has improved. Applicants are screened, and not everyone is taken. The swimming pool will be free for Winding Creek and Mark IV residents, a fee will be charged for other neighborhood people. Atty. John Maher, representing Winding Creek, stated that the swimming pool was in the project, and paid for by them. HUD is putting emphasis on recreational facilities for children. There will be other common areas when the pool is closed. Housing Coordinator Lyle Seydel called attention to the addition of improvements to Willow Creek Park. Council discussed expressing their concern over the very poor management at Mark IV, along with the need for recreational facilities in the area, as changes to the letter. Johnson stated that they had had no cooperation with the Recreation Department in Iowa City, and stated that funds had been cut for the summer program at Mark IV. The City Manager stated he would investigate. Our recreation people have stated that thei r experience with Mark IV management has been dreadful. Robert Welsh noted that their congregation had written to the Tommy Tucker organization twice and had received no answer. AGENDA Councilman Selzer asked for clarification in Comprehensive Plan Committee meeting minutes of March 24th, Page 3, regarding rezoning moratorium. Mayor Neuhauser stated that City Attorney Hayek had said that at some time the City should consider having a building moratorium when doing a omprehensive Plan. Her concern was if Council could have something other than a general moratorium to forbid all building in Iowa City. Attorney Hayek discussed a moratorium on lands that were going to be rezoned to a more restrictive category, and noted that the legal depart- ment could draft something on a short term comprehensive plan moratorium. The special survey on citizen input report will be ready by the end of the week. The City Manager advised that the contract with Attic & Cellar had been terminated. COUNCIL BUSINESS The City Manager advised that if Council's philosophy was not consistent with Public Works on Truck Routes, they should make it clear. An informal session will be held for inore discussion. Mayor Neuhauser asked that the Council Legislative Committee meet and make recommendations to Council. It was movnd by Foster dtid seconded by dePi-crsr to In al Discussion • ApNW 11, 1977 Page 6 Upon roll call Balmer, dePross e, Foster, Neuhauser, Perret, Selzer and Vevera voted 'aye'. Motion carried, 7/0. Meeting adjourned at 5:30 P.M. The minutes of this meeting are recorded on Reel #77-13.