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Home My WebLink About1977-05-03 AgendaIOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF MAY 3, 1977 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON J qj" $ 8'6 - 955 • AGENDA • REGULAR COUNCIL MEETING MAY 3, 1977 7:30 PM Item No. 1 - MEETING TO ORDER ROLL CALL i4bseti�—�%vhn =err �SE1Zer M aJ ✓u "^ C: �K_S Id InC Item No. 2 - PUBLIC ^yDISCUSSION LitA ]V !•yP/h I'in J Y'Cil C �AV`I �III2'r' I',VylpwS prN 11JPS1'PJ�aGS $I�Ie V.. PN�� (�Qerl ni-Ga `I 1rn Lir rra ,Tn9 A V• ,,fes /+ v. Ddi /AA.c cPriI Q IDv�n i� w,n, AO -1. "n, 1. n .�. 1 a n a.: \�•P P ril �N.t. No. ;".3 MAYOR'S PROCLAMATION. , a` Respect for Law Week,. May 1 - 7, 1977. No 4 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED,OR AMENDED. t, e { Approval official -actions, regular session, April 19, 1977, ,of " " '7.30 P.M., subject to correction, as recommended by the City Clerk. b Minutes of Boards and Commissions.° (1) Riverfront Commission meeting of April 20, 1977. (2) Planning and Zoning Commission meeting of April 21, 1977. S ``(3)Board of'Adjustment meeting of Apri1.13, 1977. (4) Human Relations Commission meeting of April 25, 1977. ((5?) Housing Commission meeting of April 13, 1977. (B) Airport Comnlssion.meeting of April 21, 1977. c. Motions. ,-. (I) Consider motion to approve disbursements for the period March 1,- 31, 1977; An the amount of $792,090.58,.subject to audit, as recommended by the Finance' Director. 3 1 .Ifl.r - 1 l jt r 1: r • • Agenda Regular. Council Meeting May 3; 1977 7:30 PM Page 2 4d. -Setting Public Hearings. (1) Consider setting a public hearing on May 24, 1977, to rezone a tract of land from C2 to R3B. Z-7702. The Planning and Zoning Commission, at a regular meeting held -'public on April 21, 1977, recommended by a 6-0 vote approval of an application to rezone a tract of land located north of Harrison Street, east of Linn Street, and south of Court Street from a C2 Zone to an R3B Zone. This recommendation is consistent with (5) the•staff's recommendation presented in a Staff Report dated April 21, 1977, which is attached to thisagen—"tea. (2) Consider setting a public hearing on May 17, 1977, to vacate a portion of Virginia Drive located between Prairie du Chien Road and Oaklawn Avenue. V-7702 The Planning and Zoning Commission recommended by a 6-0 vote approval of the above vacation request. This recommendation is consistent with the staff's recommendation presented in a Staff (6) 'dated April 21, 1977, which is attached to this agenda. Reporhould be noted that a petition has been submitted in objection to'.the action recommended by the Planning and Zoning Commission. This petition is included under correspondence in the Consent ...- Calendar. e,, Correspondence (1) Letter from Iowa PIRG regarding Blackhawk Mini -Park. This letter has been referred to the City Manager for reply. (2),Letter from Della Grizel regarding the playing of games in the } ,n• street. This letter has been referred to the Police Department for reply. „ (3) Letter from Howard E. Krattet regarding control of cats in Iowa City.;_ This letter has been referred to the Police Department .,. for reply. (4) Petition from residents on Oaklawn Avenue regarding construction �{ of,a sidewalk between 'Buresh,and,Oaklawn in the Virginia right -of- way.''A'public hearing has-been set for May 17 and is discussed in item 4d(2) above. This petition will be made a part of the -'public hearing. (5) Letter from City Center Association regarding using Dubuque. Street for bus.and taxi traffic.' This letter has been referred to.the City,Manager>for reply.` (6) Letter from group of City High students regarding recycling. This letter has been referred to the Department of Public Works for reply. (7) Letter from Vincent E. Cooney regarding control of cats in Iowa „..< City. This letter has been referred to the Police Department for reply. • Agenda Regular Council Meeting May 3, 1977 7:30 PM Page 3 4e. Correspondence (continued) (8) Letter from Mrs. Clifford N. Bauserman regarding animal control in Iowa City. This letter has been referred to the Police Department for reply. (9) Letter from the Johnson County Board of Supervisors regarding parking in front of the Courthouse. This matter was discussed informally by the Assistant County Attorney and the City Manager and is being investigated by the Department of Public Works. A reply will be furnished to the Board of Supervisors upon completion of this&J,investigation. &. D .G (3t tl y pot .kc�rv- (10) Letter from Southgate Development protesting proposal to rezone a 15 -acre tract of land near Mormon Trek Boulevard. This letter has been referred to the Department of Community Development for reply. Fo a.1 I END OF CONSENT CALENDAR t,x4Item No 'i.5 - RECOMMENDATIONS TO THE CITY COUNCIL ' a .'Consider recommendations of the Planning g and Zoning Commission: (1) Not to approve Z-7703, the rezoning of all or part of the 15-acre tract of .land located west of Mormon Trek Boulevard and north of ' - the westerlyextension of Benton Street from a CH Zone to a PC Zone.R3A Zone, or R3 Zone. Nw The PIanning. and Zoning Commission, at a regular meeting held on April 21, 1977, recommended by a 6-0 vote that the Council not „rezone the above tract.- This recommendation is not consistent with' the staff.'s'.recommendation. The Commission's recommendation t� 1s. supported by statements which'are.included in the minutes of the Planning and Zoning Commission meeting of April 21, and the ` staff's recommendation is based upon an analysis presented in a ' Staff Report dated April 21, 1977. Ordinarily a; recommendation of denial from the Planning and Zoning aw Commission would not be submitted to the City Council for further consideration., However, this item was instigated by the City Council. :A'letter'from Southgate Development'protesting this rezoning is included in the Consent Calendar. Or Ar Or ' ,i 0 - 5a. Recommendations of the Planning and Zoning Commission (continued) (2) To approve Z-7702, application to rezone a tract of land from C2 Commercial Zone to R3B multi -family residential zone located in Block 19, County Seat Addition to Iowa City. The Planning and Zoning Commission, at a regular meeting held on April 21, 1977, recommended by a 6-0 vote approval of an application to rezone a tract of land located north of Harrison' Street; east of Linn Street, and south of Court Street from a C2 Zone to an R3B'Zone. This recommendation is consistent with the staff's recommendation presented in a Staff Report dated April 21, 1977, which is attached to this agenda. A public hearing has been scheduled on this rezoning request for May 24, 1977. (3) To ap rove V-7702, the vacation of the City street (Virginia Drive) which borders the south 25 feet of Lot 30, Conway's Subdivision, between the eastern right-of-way of Oaklawn Avenue to,the'western, right-of-way of Buresh and vacating all of the area from; the eastern right-of-way of Buresh to Prairie du Chien Road ^, and maintaining 10 feet for a walkway between Oaklawn and Buresh, j Vbt and requiring the developer to construct a sidewalk in the portion of the area. The Planning and Zoning Commission recommended by a 6-0 vote a>> approval of the above vacationrequest. This recommendation is consistent with the staff's recommendation presented in a Staff. :p Report, dated April 21, 1977, which is attached to this agenda. It shoutd;be noted that a petition has been submitted in.objection to the action recommended by the Planning and Zoning Commission. This petition.is included under correspondence in the Consent Calendar anda public hearing has been set for May 17, 1977.' (4) To approve S-7716, final plat and a Planned Area Development plan ti of Hamm's Second Addition located east of Dover Street and north r ' of. Parkview Avenue, with a variance allowing a 25 -foot pavement for Esther Court. The Council approved the final plat at the April 26 Council meeting r and a public hearing has been scheduled for May 17, 1977. a Agenda Regular Council Meeting :..May, 3,:1977 7:30 PM Page 5 5a. Recommendations of the Planning and Zoning Commission (continued): (5) To adopt the Procedures of the Planning and Zoning Commission. CONSIDER MOTION APPROVING'BYLAWSAND PROCEDURES FOR THE PLANNING AND ZONING COMMISSION. - Comment: ,The Planning and Zoning Commission, at a regular meeting held on April 7, 1977, recommended that the Council approve the bylaws which they have established and also the informal procedures, both of which are attached toythis :agenda. Action: C rti b::Consider recommendations of the Housing Commission: (1) To accept Chapter.9.30.15, Retaliatory Conduct, of the Housing _ Maintenance and Occupancy Code. r; r (2)rTo accept various page revisions of the Housing Maintenance and Occupancy Code"and set'a public hearing on the Ordinance. ;p publla hearing on this ordinance was held April 26 and is presented; this agenda. '; C Consider recommendation of the Human Rights Commission: The Iowa:City Human Rights'Commission wishes to make application for 'deferral status with the Iowa City Rights Commission. Under such an'. arrangement,icomplaints, which occur in Iowa City and filed with the ..;., State would be'deferred to'the local Commission for investigation' In order:to obtainthis deferral -status the Iowa Civil Rights Commission .'must,judge that the local ordinance is substantially equivalent to the State; statute, We believe the newP rocedures in the ordinance w111'make''this'possible. Sk CONSIDER MOTION TO APPROVE IOWA CITY'S HUMAN RIGHTS COMMISSION APPLICATION FOR DEFERRED STATUS. �e,rY'I /I K Q i. 4, t11.✓ _ ./ to y t , ri • • Agenda Regular Council Meeting " May 3,`1977 '7:30 PM Page,6 rl� Item No. .6:- CITY COUNCIL APPOINTMENTS. I.a. Consider appointment to the Parks and Recreation Commission for an runexpired term ending January 1, 1979. ,,II ' Action: V i D Item .7 = CITY COUNCIL INFORMATION: . lNo,.;, Q&P �Q ,Cid ,.�c� ,c_r .t awl,: � u kl. f-.••• �.F� 1�i } f r..M. ✓W/.A��n� �f A+.-'-GLI<-!C/ i . i i. is �� .iIAI WJ cif / / AJ! /A )YI_Q� �l d/rN ��l'j•ll ?.ui ,i tem No: 8r 'REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. �c - 1 a City Manager fqi yN \ v Sr d �w1(�'fl-C/ "�'-f tr 4r :'1 fps. I.y�t✓"�)'.1-�'�IIN�' 'f �.r1�0 �:U�O` f-[.✓ Gt (l 'Pi s°�w�14u�,��r-t 1 OW /rO1�SO YHPN117oV'5,7%�ODo ! 4.f-J: �f ,-a.(+t •• I f r b City Attorney r > f - � } 'vf` A:drAb ! I Ail 1 . t 'JTYi 7-1 P C;� - /J . tL } 2 1 (! r... ....._ _.-�. a:. C aF. i y i ... i;:., �` .. , ; N - --9 I i •{ I / `- - K4 Agenda Regular Council Meeting May 3, 1977 7:30 PM Page 7 Item No. 9 = PUBLIC HEARING ON PROPOSED REZONING OF PART OF 15 -ACRE TRACT OF LAND FROM CH ZONE TO PC, R3A OR R3 ZONES OR ANY COMBINATION THEREOF. Comment: The City Council, after discussion with the City Attorney at the meeting of March 29, 1977, set a public hearing for May 3 for the rezoning of the Braverman property located at the intersection of Morton Trek and Benton. A staff report on this item was furnished with the packet of April 26, 1977. Under item 5a(1), the Planning and Zoning Commission recommends disapproval of this rezoning and a letter from Southgate Development protesting this rezoning is included under the Consent Calendar. Action:;17-�Qen IT Item No 10 CONSIDER HOUSING MAINTENANCE AND OCCUPANCY CODE ORDINANCE (first , `consideration).'(defer) Comment: The. Housing Commission and staff have rewritten Chapter 9.30, Minimum Housing Standards and Occupancy Code. The first rewrite was submitted September 29, 1976. , A public hearing was held and the document was ;- 'returned forfurther revision. The changes requested by the City Council have been made and.the,revised pages were furnished with the agenda of ... April 26 1977.• It is recommended by the City Manager that the Council defer the, first reading of this ordinance until there has been further review by:the legal. staff and Mr. Kucharzak. There appears to be some inconsistencies and administrative problems in the current language. As soon as corrections are made, revisions will be provided for the Council. Y No:11'-;CONSIDER ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY BY REPEALING ,..,Item 'CHAPTER, VI,,TRAFFIC AND, PARKING, AND ESTABLISHING A NEW CHAPTER IN LIEU THEREOF;(second consideration) (defer). Comment:',A'public hearing was held on the Traffic Ordinance on April 5, 1977, and changes have been discussed with the Council in the informal meeting of - .,Apr11 18, 1977. :It 1s recommended that the second reading be deferred 6r until such changes as discussed by the City Council last week are prepared Action. Y„ • Agenda Regular Council Meeting May 3, 1977 7:30 PM page 8 n Item No. 12 - CONSIDER AN ORDINANCE REZONING PART OF LOT 6, BLOCK 42, OF THE ORIGINAL 3 TOWN OF IOWA CITY (522 EAST BURLINGTON) FROM A C2 ZONE TO AN R3A ZONE (passed 7% and adopted) Comment: A public hearing on this rezoning request was held April 12, 1977. The Planning and Zoning Commission, at a regular meeting held on March 17, 1977, recommended by a 6-0 vote. approval of the above rezoning request initiated by; the Commission. The Commission had earlier recommended denial of an application to rezone all of Lot 6 and part of an adjoining lot from a ' C2 and R3A Zone to an R3B Zone which was subsequently withdrawn. At the request of.the applicant, however, the Commission initiated consideration to rezone the east seven feet of Lot 6 to an R3A Zone. The Commission's recommendation is consistent with the staff's recommendation which is included in a Staff Report dated March 3 and was furnished with the agenda of April 12: 1977. Action: /10 % T44 P QA6A,1 1.4 A tC L l Item No 13 -,.CONSIDER AN ORDINANCE.PROVIDING FOR THE CARE AND MAINTEk",NCE OF THE IOWA -: s CITY MUNICIPAL CEMETERY,' AUTHORIZING THE COUNCIL TO ESTABLISH REGULATIONS, RATES'AND'CHARGES FOR. THE CEMETERY, PROVIDING PENALTIES FOR ANIMALS FOUND �,IN;THE,,CEMETERY .AFTER-HOURS USE OF THE CEMETERY, SPEEDING,' DISCHARGE 'OF.FIREARMS "AND`INJURY TO MONUMENTS AND PLANTS, AND REPEALING ORDINANCE K� ,• N0, 2331 [CHAPTER 3.26 OF THE IOWA CITY CODE OF,ORDINANCES (1966)0 AND ORDINANCE NO::'838'(CHAPTER'7.I'L.5 OF THE IOWA CITY CODE OF ORDINANCES)], � SUBSTITUTING THIS ORDINANCE IN LIEU THEREOF (passed and adopted). „ HYr a Comment .Copies of.,the:revised ordinance and rules and regulations were mailed to:a11 churches, florists, mortuaries, and other interested individuals t .., on" September' 22,,1976. The'Council received a' copy along with`a memo- randum`from the City. Manager' in the packet of September 24, 1976._ A public meeting was held on October 6, 1976,.to receive comments and suggestions. icAn additional` meeting was held with the Iowa City ministers. ' ; A'corrected!final co r ti s py of the ordinance was .furnished with the agenda. 'of ' April 2226_ ,0.1977. t 1 f J Action: 744�ISA /-J 7 CCC c� r- ' f 'i1.0 f'l✓N,tnn J U. -M n✓ or I(A a., t 1. \n V.r i r�0 Item No 14 CONSIDER RESOLUTION ADOPTING REGULATIONS FOR OAKLAND CEMETERY REGARDING - THE RIGHTS OF LOT OWNERS, THE MAINTENANCE PRACTICES, RULES FOR VISITORS, J � � V.t-r/l Ote.('t.. jt 6�vm 1.,.' t.% �r 3 i,� '.% Q 5 C�4wd�-�£/i ' n, �it.r.•�. d (Tl. Gnq 01�� G � i-., 1..1.1 � 1 1t t'�i G.�UA/ . LJ Agenda :.',Regular Council Meeting May,3, 1977 7:30 PM agc Item No. 15 - CONSIDER RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF i7 1- a .7 ORCHARD COURT SUBDIVISION. S-7627. Comment: The Planning and Zoning Commission at a regular meeting held on September 16, 1976, recommended by a 7-0 vote approval of the preliminary and final plat of Orchard Court Subdivision located west of the northern extension of Orchard Street and south of the Rock Island Railroad right- of-way subject to several minor contingencies. This recommendation is consistent with the Staff's recommendation presented in a Staff Report dated' September 16, 1976, and furnished to the Council with the agenda of March 29, 1977. This item was deferred at the meeting of April 1, 1977, pending submission of, an agreement which would require the installation of the public improve- ments to this subdivision across an alley located to the south. This agreement has now been provided. Action: I�,�,{, l� ( f o S%Q Item Ao .;16 -!CONSIDER RESOLUTION APPROVING PRELIMINARY PLAT OF A SUBDIVISION OF LOT 2 OF STURGIS CORNER ADDITION. Comment ,This`. Planning and Zoning Commission, at a special meeting held April 14 1971, recommended by, a,4-O.vote approval of the subiect preliminary plat, located north of_Highway,6 Bypass and east of South` Riverside Drive, with the following contingencies: (1) that variances be granted for the paved street width, the street right-of-way. width,.and the street sidewalk; (2) that an, agreement be obtained to install a bituminous pathway at r such time as requested by the City; 13 -that the City accept the dedication of the riverfront area; and 4i'that at'the,-time of the final plat for the rear part of the lot, the determination be made as to the appropriateness of a cul-de-sac., !L A staff analysis'of this subdivision was presented in a Staff Report dated April.7, which was furnished with the agenda of April 26. The staff had recommended approval'of the subject subdivision'' and that the plat be referred', to the Parks and Recreation Commission and the Riverfront Commission - ?+ for recommndations'concerning the second and.third contingencies noted above. The Parks and Recreation Commission and Riverfront Commission met-jointly.and their recommendations were included in the Parks and Recreatior Commission minutes dated April 13 and furnished with the agenda. f April 26. 1"� WO h4kMM lam.. 1U41- Q ur 7i Nei— ahr /f fR b � VW. 44. °, t I,/ of N ,ti d TL s. Agenda Regular Council Meeting May 3, 1977 7:30 PM Page 10 Item No. 17 - CONSIDER RESOLUTION APPROVING REVISIONS TO SECTION VII (STORM SEWERS) - % a OF DESIGN' STANDARDS FOR PUBLIC WOKS IMPROVEMENTS IN IOWA CITY, IOWA. Comment: This resolution approves storm water design specifications necessary to implement the Storm Water Management Ordinance. These revisions were presented, to, Council on April 25, 1977. Action: 601 ro d2e�'/ cilia 4.4x_ Sl6 Item No 18 -`CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND FORM OF CONTRACT AND ESTIMATE, FOR THE MUSCATINE AVENUE IMPROVEMENT PROJECT. Comment: A public hearing on this item was held April 26, 1977. Under this FAUS 4,!project the intersection of First Avenue and Muscatine Avenue will be { rebuilt and Muscatine Avenue will be rebuilt from First Avenue east to Scott Boulevard." Action �o! �,�h'ol Z/// r2 �-� r:�te ItNo.;, 19 -CONSIDER RESOLUTION AWARDING CONTRACT FOR THE FY 78 LANDFILL. EXCAVATION PROJECT: ;. /3 ommen ,7his7resolution awards the bid'for the FY 78 Excavation Contract, to Barker,Construction.Company. .The bid of $61,930 falls well below the $90,000 budgeted. It is planne&to increase the amount of the contract to;take'advantage;of,the low per-unit price. A bid tabulation is attached " I'm' to ;the agenda. r t Action " C, QrH...i�/ x „ !7-1 -P-4 /oe Item No .20, -;CONSIDER A RESOLUTION"PROHIBITING PARKING ON THE WEST SIDE OF OAKLAND -; STREET FROM THE INTERSECTION OF OAKLAND STREET WITH SHERIDAN AVENUE TO APPOINT 75 FEET NORTH OF THE•INTERSECTION OF OAKLAND STREET AND SHERIDAN 4 77 AVENUE., Conanent: ;This prohibition would facilitate the temporary detour of the City bus around :the Muscatine -Court Street intersection bridge. The bus route, had been changed to Grant Street. However, rapid breakup of the thin ras halt overlay on Grant Street necessitated movin the bus route to p 9 Oakland; Street. Action: PnL� 1/1:rr r�nQl Nlu.10 r�°c Age bda • Regular Council Meeting -May 3, 1977 7:30 PM :.Page 11 Item No. 21 CONSIDER RESOLUTION CHANGING THE PARKING REGULATION ON EAST SIDE OF 7 7 -3 3 GRANT STREET FROM COURT STREET SOUTH 75 FEET. �i Comment: Resolution 77-40 was passed to facilitate a detour route for the City bus system. This detour route has been altered and no longer uses Grant Street (see Item No. 20). This resolution rescinds Resolution 77-40 and reitores.parking to Grant Street. Action:_:Y1 Item No. 22'- CONSIDER'RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE. Comment: ThePolice'.Department has approximately 100 bikes in possession and -owners"are"not available for return.The date requested for the auction 7 7. is's6nday�0 Jun6 5. at 1:00 P.M. All bicycles have been in the possession 771, j. I 1 of the City for more than 60 days. Action: Q Pte, &J d-0 a A -A, Z - h) CONSIDMRESOLUTION AUTHORIZING -ASSIGNMENT, OF JUDGMENT. A n 1973�'thit*k' k Insurance Company paid a judgment against 9 e Hawke Security I nisuran Jhe;City.ofilowaCity, because Hawkeye Security was the City's liability ""-InsurorUnder the City's; contract with Hawkeye, Hawkeye then became the 6. -owner of,.any rights that It might have against other parties arising out 1 1. of64 Hawkeye subsequently , e'payment of the Judgment against the City.,. ',filed:a!y.lawsuit against the Rock Island Railroad and obtained a Judgment' -for$4000i�: However, the -judgment against the Rock -Island stands in the ofthe,City of Iowa Ci ty. ' Under our insurance contract, Hawkeye ,-As.-ekitled.-tx), the proceeds'of the $4,000 judgment against the railroad and has req6estedthat the City assign the Judgment in its name to Hawkeye Security.''The Legal., Department.recommends the passage of this resolution ,land,the signing of the assignment of money judgment; J, Lty of Iowa CHO MEMORANDUM DATE: April 29, 1977 TO: City Council FROM: City Manager RE: Informal Session Agendas May 2, 1977 P.M. Monday 1:00 - 4:00 P.M. applications 1:15 1:00 N".. - Executive Session .. Appointment to Parks & Recreation Commission 1:05 P.M. - Review zoning applications 1:15 P.M. - Review Council agenda 1:30 P.M. - Discuss animal control - Harvey Miller, Beverly Horton 2:30 P.M. - Discuss urban renewal amendments and schedule - Paul Glaves 3:30 P.M. - Discuss monthly financial statements - Vitosh 3:45 P.M. - Discuss Elected Officials Project, "Communications" - Linda Schreiber May 3, 1977 Tuesday 7:30 P.M. - Regular Council Meeting - Chambers May 9, 1977 Monday 1:00 - 4:00 P.M. 1:00 P.M. - Review zoning applications 1:15 P.M. - Review Council agenda 1:30 P.M. - Discuss sewer treatment plant facilities - Dick Plastino 2:00 P.M. - Discuss Design Review Committee authority 2:45 P.M. - Discuss travel policy 3:15 P.M. - Discuss Elected Officials Project - Linda Schreiber May 10, 1977 Tuesday 7:30 P.M. - Regular Council Meeting - Chambers Pending List Ventilation Risk Management Innovative Project Grant Budget Process BDI Sewer Capacity Resource Recovery, Coralville and University of Iowa Human Services Planning Joint Meeting with Board of Supervisors Housing Rehabilitation Program