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HomeMy WebLinkAbout1977-05-17 Council MinutesMINUTES OF OFFICIAL ACTIONS OF COUNCIL MAY 17, 1977 The cost of publishing the following proceedings & claims is $ . Cumulative cost for this cal- endar year for said publication is $ Iowa City Council, regular session, 5/17/71, 7:30 P.M., at the Civic Center. Council members present: Balmer, deProsse, Foster, Perret (7:36 P.M.), Neuhauser, Vevera (7:32 P.M.). Absent: Selzer. Mayor Neuhauser presiding. Herbert Gartzke appeared and pointed out that there were no sidewalks on Friendship St. from 1st Avenue West. Mayor Neuhauser stated that Council would look into the situation. Gartzke also pointed out inconsistencies in issuance of parking tickets in that area. Mayor Neuhauser noted that she had proclaimed May 16, 1977 as Support Equal Rights Amendment Day at the informal meeting yesterday. Administrative Asst. Linda Schreiber announced that City Engineer Gene Dietz would explain the sewerage problems connected with the resubdivision of Lot 30, Conway Addn. at the informal meeting on the 23rd. City Clerk Abbie Stolfus pointed out a change in the name of the project in Item 4.d.1 to the College/Dub- uque Mall-Storm and Sanitary Sewer Project. Moved by Foster, seconded by deProsse, that the following items and recommendations on the Consent Calendar be approved and/or adopted as amended: Approval of official Council actions, reg. session, 5/ 3/77, subject to correction, as recommended by City Clerk. Minutes of Bds. & Comms.: Comm. on Community Needs-5/3/77; Comp. Plan Coord. Comm.-4/20/77; P&Z Comm.-5/2 & 5/5/77. Permit Resolution, as rec. by City Clerk, Res. Book N39, p. 280, RES. #77-147 APPROVING CLASS C LIQUOR LICENSE APPLICATION, The Airliner, 22 S. Clinton. Resolutions: Book N39, pp. 281-282 RES. SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR N77-148, COLLEGE/DUBUQUE MALL-STORM & SANITARY SEWER PROJECT, May 24th, & N77-149, SIX STORM WATER MGMT. PROJ. ON RALSTON CREEK, May 31st. Correspondence: Mrs. R. Funk re cat control, referred to Police Dept.; Johnson Co. Council on Aging; Iowa P.I.R.G., energy report; referred to City Mgr. Moore-Bingham & Assoc., Civic Center Air Cond. Study, rec'd. City Center Assn. re location of parking, to Comm. Dev. Dept. Affirmative roll call vote was unanimous, 6/0. Selzer absent. Mayor Neuhauser announced a vacancy for an unexpired term, ending 3/1/79 on the Commi tree fur Community Needs. Appointment will be made 6/2/77. Moved by deProsse, seconded by Balmer to adopt the Res. adopting the Schedule of Fees and Charges for Oakland Cemetery. Robt. Welsh appeared objectinc to increase in the rates. After discussion, it was moved by Foster and seconded by Perret to table the issue, discuss it at the informal meeting of May 23rd, with Supt. Hauber present. Motion carried unanimously. Mayor Neuhauser asked that tonite's meeting be adjourned to executive session for discussion of acquisition of property. Councilman Balmer stated that Seifert's remodeling was a definite commitment for the reinforcement of the downtown. He also spoke of his concern for conservation of water, and suggested that it be one of the first items for the Resources Conservation Conon. to consider. Adm. Asst. Schreiber explained that the letter from Doris Bridgeman concerning transportation for elderly and handicapped would be discussed informally on June 2nd, but Council decided to hold a special meeting on May 25th. SEATS Dir. Bill Hoekstra and Doris Bridgeman discussed the issue. Council asked for a recommenda- tion cn the proposals from Staff. Public Hearing was held on Ord. Amending Sec. 8.10.3A(55a), 8.10.24C; & Art. XXIII, Sec. 2 & repeal of Sec. 8.10.24B and 8.10.24D. These ordinances would allow structural alterations to be made to dwellings located on lots which do not have the proper width area or frontage. Public Hearing was held on the proposed vacation of a portion of Virginia Dr. located between Prairie du Chien Rd. and Oaklawn Ave. Those appearing & objecting were Dustin Co rlette, John Rosazza, & Jim Pinkham. P&Z Comm. Kammermeyer advised that it was critical that a potential public right-of-way be maintained there as at some future time Virginia Ave. will be extended along the North part of Shimek School area, but it was not so crucial to put in the sidewalk. Public Hearing on the Final Planned Area Dev. Plan of Hamm 2nd Addition, a subdivision of a portion of Towncrest Part 4, Tract C, was held. Atty. Jay Honohan, representing the developer, asked that 3 considerations of the ord. be given. Moved by deProsse seconded by Balmer that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived, and the the ord. be voted upon for final passage at this time. Affirmative roll call vote was unanimous, 6/0, Selzer absent. Moved by deProsse and seconded by Balmer that DRD. N77-2836, ESTABLISHING PLANNED AREA DEVELOPMENT OF HAMM SECOND ADON., Rec. in Ord. Book 811, pp. 108-109. he finally adopted at this time. Affirma- tive roll call vote was unanimous, 6/0, Selzer absent. Public Hearing was held on the Issuance of $3,015,000 General Obligation Bonds for the following projects: Waste Water Treatment faci lity-Jnfiltra- tion/Inflow Study, $18,600; Muscatine Ave. Improve- ment, $210,000; Sycamore & Hwy. #6 Intersection Impr., $21,000; East-West One -Way Couplet Proj. #2, $21,500; Mormon Trek Blvd. Impr., $78,000; City Bridge Repair, $275,000; Riverside & Benton Inter- section Impr., $91,000 & Central Business Dist. Streetscape Impr., $2,300,000. Robt. Welsh asked that Council make sure all projects conform to the description for essential corporate purposes. Finance Dir. Rosemary Vitosh advised that Pedestrian Mall was listed in the Code as an Essential Corporate Purpose. Councilman Vevera pointed out that for $10,000, a sufficient base can be put on another 12 ft. lane in Dubuque St. There were no objections from Councilmembers to consider this. The City Clerk advised that no written objections to the issuance of bonds had been filed by any residents or property owners. Moved by Perret secondedby Foster to adopt RES. #77-150, Book #39, pp. 283- 285, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $3,015,000 ESSENTIAL CORPORATE PURPOSE BONDS. Affirmative roll call vote was unanimous, 6/0, Selzer absent. Moved by Balmer, seconded by Vevera to amend Res. Establishing Schedule of Fees for Impoundment & Storage of Vehicles and Bicycles so that the storage fees for bicycles would begin five days after impoundment. Motion carried, 5/1, deProsse voting 'no', Selzer absent. Moved by Balmer, seconded by Vevera to adopt RES. #77-151, Book #39, p. 286, ESTABLISHING SCHEDULE OF FEES FOR IMPOUNDMENT & STORAGE OF VEHICLES & BICYCLES. Affirmative roll call vote was unanimous, 6/0, Selzer absent. Moved by Foster, seconded by Balmer to approve the Application for Construction in Hwy. Right -of - Way for Northwestern Bell Telephone Co. to service 902-904 N. Dodge St. Motion carried, 5/1, deProsse voting 'no'., Selzer absent. Caroline Embree appeared concerning unpleasant odor from the Sewage Plant near the Armory. Pollution Control Supt. Harry Boren to contact Mrs. Embree. she also pointed out that a duplex was being built in the 700 Block of Rundell St. in the floodway, and suggested that the City should buy up properties fronting on the creek. Moved by Balmer and seconded by Foster to adjourn to executive session for discussion of acquisition of property, Old Post Office. Upon roll call Balmer., deProsse, Foster, Neuhauser, Perret and Vevere voted 'eye'. Motion carried, 6/0, Selzer absent. Meeting adjourned. 9:00 P.M. Moved by Perret and seconded by Vevere to adjourn the executive session at 9:10 P.M, Motion carried. A more complete description of Council activities is on file in the office of te Cit C1 rk. t Q s/i�d1RY HEUHAUSEk, MAYOR 4J/A+UIE STOLF S. CITY CLERK 5/31/77 h�TES OF OFFICIAL ACTIONS OF COUW May 3, 1977 �j The cost of publishing the following proceedings & claims is $ . Cumulative cost for this cal- endar year for said publication is £ Iowa City Council, reg. session, 5/3/77, 7:30 P.M., at the Civic Center. Councilmembers present: Balmer, deProsse, Foster, Perret, Vevera. Absent: Neuhauser, Selzer. Mayor Pro tem deProsse presiding. Several people appeared concerning animal control. They included: Pat Passmore; Carl & Debora Miller; Minnie Flickinger; William & Joan Schnute; and Bob Burchfield. Barb Russo, Animal Shelter, was present. Mayor Pro tem deProsse pointed out that City staff will be reviewing a proposed ordinance concerning animal control and will extend recommendations to Council at a later date. Mayor Pro tem deProsse declared May 1-7, 1977, as Respect for Law Week. Moved by Foster, seconded .by Balmer, that the following items and recomm.'s on the Consent Calendar be approved and/or adopted as presented: Approval of official actions, reg. session, 4/19/77, 7:30 P.M., subject to correction, as recomm. by City Clerk. Minutes of Bds. & Comm.: Riverfront Comm. - 4/20/77; P & Z Comm. - 4/21/77; Bd. of Adjust- ment - 4/13/77; Human Rights Comm. - 4/25/77; Housing Comm. - 4/13/77; Airport Comm. - 4/21/77. Motion to approve disbursements for 3/1- 31/77 in the amount of $792,090.58, subject to audit, as recomm. by Finance Dir. Motions setting public hearings: Rezoning of a tract of land located in Block 19, County Seat Addn. from C2 to R33 Zone - 5/24/11; vacation of portion of Virginia Dr. located between Prarie du Chien Rd. & Oa klawn Ave. - 5/17/77. Correspondence: IA PIRG, re Blackhawk Mini -Park; City Center Assoc. - re bus & taxi traffic on Dubuque; referred to City Mgr. Della Grizel, re games in streets; Howard Y,rattet, Vincent Cooney, Mrs. Clifford Bauser- man, re animal control; referred to Police Dept, City High students, re recycling, referred to P.W. Dept. Southgate Dev., re protest against rezoning of 15 -acre tract near Mormon Trek Blvd., referred to Community Dev. Petition from Ooklawn Ave. residents, r* constructs an Df sidewalk, to be accepted at public hearing. Johnson Co. Bd. of Super- visors, re parking in front of Courthouse, P.W. Dept. is investigating. Affirmative roll call vote was unanimous, Neuhauser and Selzer absent. Moved by Perret, seconded by Balmer, to refer the P & Z Comm.'s by-laws to the Rules Comm. for review and recoma. Motion carried. 5/0. Moved by Foster., seconded by Perret, to approve the Iowa City's Human Rights Corn. application for deferred statush the Iowa Civil Rights Comm. Motion carrie /0. Move by Vevera, seconded by Foster, appoint Michelle Moore to the Parks & Rec. Comm. for term expiring 1/1/79. Motion carried, 5/0. It was the Council's consensus that Councilman Perret call our State House representatives to convey Council's approval of the Motor Fuel Tax bill. City Atty. Hayek informed Council he would be in Davenport for the next three weeks for lawsuits in Federal Court. He stated the Legal Staff and City Clerk had been meeting with the code editors as part of the procedure of recodifying the City's code. A memo in Friday's packet will explain contemplated changes, deletions and additions. Mayor Pro tem deProsse opened the public hearing on the proposed rezoning of part of a 15 -acre tract of land located near MormanT rek Blvd. from CH Zone to PC, R3A, or R3 Zones or any combination thereof. Community Dev. Dir. Kraft and Mace Braverman appeared. Public hearing closed. It was determined that since two Councilmembers were against rezoning this land, an extra -ordinary vote for approval would be impossible; therefore Council decided not to pursue the matter further. Moved by Perret, seconded by Vevera, to defer the first consideration of the Housing Maintenance & Occupancy Code Ord. Motion carried, 5/0. Moved by Perret, seconded by Foster, to defer second consideration of the Ord. Amending the Mun. Code by Repealing Chap. VI, Traffic & Parking, and Est. a New Chap. in Lieu Thereof. Motion carried, 5/0. Moved by Foster, seconded by Perret, that ORD. #77-2833, Ord. Book 11, pp. 49-50, REZONING PART OF LOT 6, BLK. 42, OF THE ORIG. TOWN OF IOWA CITY (522 E. Burlington) FROM A C2 ZONE TO AN R3A ZONE be passed and adopted. Affirmative roll call vote unanimous, 5/0, Neuhauser & Selzer absent. Moved by Perret, seconded by Balmer, that ORD. #77-2834, Ord. Book 11, pp. 51-53, PROVIDING FOR THE CARE AND MAINTENANCE OF THE IOWA CITY MUN. CEMETERY, AUTHORIZING THE COUNCIL TO ESTABLISH REGS.. RATES, & CHARGES FOR THE CEMETERY, PROVIDING PENALTIES FOR ANIMALS FOUND IN THE CEMETERY, AFTER—HOURS USE OF THE CEMETERY, SPEEDING, DISCHARGE OF FIREARMS & INJURY TO MONUMENTS AND PLANTS, AND REPEALING ORD. 1'2331 AND ORD. #838 AND SUBSTITUTING THIS ORD. IN LIEU THEREOF be passed & adopted. Affirmative roll call vote unanimous , 5/0, Neuhauser b Selzer absent. As per the City Mgr.'s suggestion, it was moved by Vevera, seconded by Foster to adopt RES. #77- 126, Res. Book 39. p. 231, ADOPTING REGS. FOR OAKLAND CEMETERY REGARDING THE RIGHTS OF LOT OWNERS , THE MAINTENANCE PRACTICES. RULES FOR VISITORS as amended. Affirmative roll call vote unanimous. 5/0. Neuhauser and Selzer dbseuL. Moved by Foster, seconded by Balmer, to adopt RES. #77-127, Res. Book 39, p. 232-233, APPROVING PREL. 8 fiNAL PLAT OF ORCHARD COURT SUBDIVISION. Affirmative roll cell vote unanimous, 5,/0, Neuhauser & Selzer absent. Cit�gr. Berlin explained stipulations to be added the Resolution concerning thi abdivision. Moved by Balmer, seconded by Vevera, to opt RES. #11-128, Res. Book 39, p. 234, APPROVING PREL. PLAT OF A SUBDIVISION OF LOT 2 OF STURGIS CORNER ADD. Roll call: Ayes: de Prosse, Vevera, Balmer, Foster. Nays: Perret. Res. adopted, 4/1, with Neuhuaser & Selzer absent. Moved by Balmer, seconded by Foster, to adopt RES. #77-129, Res. Book 39, pp. 235-236, APPROVING REVISIONS TO SEC. VII (STORM SEWERS) OF DESIGN STANDARDS FOR PUBLIC WORKS IMPROVEMENTS IN IOWA CITY, IOWA. Affirmative roll call vote unanimous, 5/0, Neuhauser & Selzer absent. Moved by Foster, seconded by Perret, to adopt RES. #77-130, Res. Book 39, pp. 237-238, APPROVING PLANS, SPECIFICATIONS, AND FORM OF CONTRACT AND ESTIMATED COST FOR THE MUSCATINE AVE. IMPROVEMENT PROJ. Roll call: Ayes: Foster, Perret, Vevera, Balmer. Nays: deProsse. Res. adopted, 4/1, with Neuhauser & Selzer absent. Moved by Balmer, seconded by Foster, to adopt RES. #77-131, Res. Book 39, p. 239, AWARDING CONTRACT FOR THE FY78 LANDFILL EXCAVATION PROJ. to Barker Constr. Co. Affirmative roll call vote unanimous, 5/0, Neuhauser & Selzer absent. Moved by Perret, seconded by Vevera, to adopt RES. #77-132, Res. Book 39, pp. 24D-241, PROHIBIT- ING PARKING ON WEST SIDE OF OAKLAND ST. FROM INTERSECTION OF OAKLAND ST. WITH SHERIDAN AVE. TO POINT 75 FT. NORTH OF INTERSECTION OF OAKLAND ST. AND SHERIDAN AVE. Affirmative roll call vote unanimous, 5/0, Neuhauser & Selzer absent. Moved by Vevera, seconded by Foster, to adopt RES. #77-133, Res. Book 39, P. 242, CHANGING THE PARKING REG. ON EAST SIDE OF GRANT ST. FROM COURT ST. SOUTH 75 FT. Affirmative roll call vote unanimous, 5/0 Neuhauser & Selzer absent. Moved by Balmer, seconded by Perret, to adopt RES. #77-134, Res. Book 39, p. 243, AUTHORIZING BICYCLE SALE. Affirmative roll call vote unanimous, 5/0, Neuhauser & Selzer absent. Moved by Foster, seconded by Perret, to adopt RES. #77-135, Res. Book 39, p.p. 244-248, AUTHORIZ- ING ASSIGNMENT OF JUDGMENT to Hawkeye Security for the judgment received from Rock island Railroad. Affirmative roll call vote unanimous, 5/0, Neuhauser & Selzer absent. Moved by Balmer, seconded by Perret, to adjourn the meeting. Motion carried. (9:25 P.M.) For a more detailed & complete description of Council Activities & Disbursements, see Office of City Clerk and Finance Department. s/CAROL dePROSSE, MAYOR PRO TEM slABBIE STOLFUS, CITY CLERK 6/17/?7 0 • COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 3, 1977 7:30 P.M. Iowa City Council, regular session, 5/3/77, 7:30 P.M. , at the Civic Center. Councilmembers present: Balmer, deProsse, Foster, Perret, Vevera. Absent: Neuhauser, Selzer. Mayor Pro tem deProsse presiding. Several people appeared concerning animal control. They included: Pat Passmore, R.R. 5; Carl & Debora Miller, 1315 Lukirk; Minnie Flickinger, 1931 E. Court; William & Joan Schnute, 2103 Bancroft; and Bob Burchfield, 1107 Muscatine Ave. Barb Russo, Animal Shelter, was present to answer questions. Mayor Pro tem deProsse pointed out that City staff will be reviewing a proposed ordinance concerning animal control and will extend recommendations to Council at a later date. Mayor Pro tem deProsse declared May 1-7, 1977, as Respect for Law Week. Moved by Foster, seconded by Balmer, that the following items and recommendations on the Consent Calendar be approved and/or adopted as presented: Approval of official actions, reg. session, 4/19/77, 7:30 P.M., subject to correction, as reconm. by City Clerk. Minutes of Bds. & Comm.: Riverfront Comm. - 4/20/77; P & Z Comm. - 4/21/77; Bd. of Adjustment - 4/13/77; Human Rights Comm. 4/25/77; Housing Comm. - 4/13/77; Airport Comm. - 4/21/77. Motion to approve disbursements for 3/1-31/77 in the amount of $792,090.58, subject to audit, as recomm. by Finance Dir. Motions setting public hearings: Rezoning of a tract of land located in Block 19, County Seat Addn. from C2 to R3B Zone - 5/24/77; vacation of portion of Virginia Dr. located between Prairie du Chien Rd. & Oaklawn Ave. - 5/17/77. Correspondence: IA PIRG, re Blackhawk Mini -Park; City Center Assoc. - re bus & taxi traffic on Dubuque; referred to City Mgr. Della Grizel, re games in streets; Howard Krattet, Vincent Cooney., Mrs. Clifford Bauserman, re animal control; referred to Police Dept. City High students, re recycling, referred to P.W. Dept. Southgate Dev., re protest against rezoning of 15 -acre tract near Mormon Trek Blvd., referred to Community Dev. Petition from Oaklawn Ave. residents, re construction of sidewalk, to be accepted at public hearing. Johnson Co. Bd. of Supervisors, re parking in front of Courthouse, P.W. Dept. is investigating. Affirmative roll call vote was unanimous, Neuhauser and Selzer absent. Council noted recommendations from P S Z Comm, not to approve rezoning of 15 -acre tract near Mormon Trek Blvd., and to approve rezoning of tract from CZ to R36 zone in blk. 19, Co. beat to Iowa City, the vacation of Virginia Dr., and the final plat & P.A.D. of Hamm's 2nd Add. The Housing Conn.'s recommendations to accept Chap. 9.30.15, Retaliatory Conduct, and to accept various page revisions of the Housing Maintenance L Occupancy Code were noted. • tuncil Activities May 3, 1977 Page 2 Moved by Perret, seconded by Balmer, to refer the P & Z Comm.'s by- laws to the Rules Committee for review and recommendation. Motion carried, 5/0. Moved by Foster, seconded by Perret, to approve the Iowa City's Human Rights Comm. application for deferred status with the Iowa Civil Rights Comm. Motion carried, 5/0. Moved by Veve ra, seconded by Foster, to appoint Michelle Moore, 922 Kirkwood, to the Parks & Rec. Comm. for term expiring 1/1/19. Motion carried, 5/0. City Mgr. Berlin indicated Council would be discussing progress concerning negotiation of the services contract with University Heights in executive session in a couple of weeks. Councilman Balmer & Council- man Vevera expressed their concern regarding the letter from the Environ- mental Protection Agency concerning the City's sewage treatment plant and sewer services to University Heights. City Mgr. Berlin will ask the P.W. Dept. to check into the condition of Madison Street from Jefferson to Burlington and he will check out the status of the taxicab ordinance. A non -recorded roll call vote was taken on a Resolution Extending Congratulations and Best Wishes to Council Balmer & his wife on the birth of a new baby girl. Affirmative vote unanimous. Councilwoman deProsse expressed disappointment that she had not been asked to participate in the Chamber of Commerce as a result of previous discussion and passage of Res. #77-2 which authorized City Council - members to participate as non-voting members in the Chamber and in exchange that the City would provide maps and other materials to the Chamber. Irvin Pfab, 1610 Rochester Ave., appeared. Atty. Robt. Downer, Vice -President of the Chamber, appeared and stated he would check into the matter. Councilman Perret commented on the status of the Area Transportation Study and outlined the remaining procedures before it would be submitted to Council. He further stated he was pleased with the improvements done to City Park with HCDA funds. Councilman Foster indicated the Transit Advisory Comm. had discussed the A.T.S. but had not taken action due to lack of quorum. It was the Council's consensus that Councilman Perret call our State House representatives to convey Council's approval of the Motor Fuel Tax bill. City Atty. Hayek informed Council he would be in Davenport for the next three weeks for lawsuits in Federal Court. He stated the Legal Staff and City Clerk had been meeting with the code editors (Mun. Code Co.) as part of the procedure of recodifying the City's code. He explained the importance of adopting certain proposed ordinances before June 1 and asked for Council's cooperation. He further indicated the Zoning Ordinance will be an appendix to the Code. A memo in Friday's packet will explain contemplated changes, deletions and additions. Council input will be needed in these areas. • Acil Activities May 3, 1977 Page 3 Mayor Pro tem deProsse opened the public hearing on the proposed rezoning of part of a 15 -acre tract of land located near MormonTrek Blvd. from CH Zone to PC, R3A, or R3 Zones or any combination thereof. Community Dev. Dir. Kraft explained views of the City staff, denial by P & Z Comm., and objections by owner concerning the rezoning of this land. He pointed out that since 100% of the abutting property owners were against rezoning the property, it would require an extraordinary majority vote by Council. Mace Braverman, owner of the property, appeared concerning the zoning procedure. Public hearing closed. It was determined that since two Councilmembers were against rezoning this land, an extra -ordinary vote for approval would be impossible; therefore Council decided not to pursue the matter further. Moved by Perret, seconded by Vevera, to defer the first consideration of the Housing Maintenance & Occupancy Code Ord. Motion carried, 5/0. Moved by Perret, seconded by Foster, to defer second consideration of the Ord. Amending the Mun. Code by Repealing Chap. VI, Traffic & Parking, and Est. a New Chap. in Lieu Thereof. Motion carried, 5/0. Moved by Foster, seconded by Perret, that ORD. #77-2833, Ord. Book 11, pp. 49-50, REZONING PART OF LOT 6, BLK. 42, OF THE ORIG. TOWN OF IOWA CITY (522 E. Burlington) FROM A C2 ZONE TO AN R3A ZONE be passed and adopted. Affirmative roll call vote unanimous, 5/0, Neuhauser & Selzer absent. Moved by Perret, seconded by Balmer, that ORD. #77-2834, Ord. Book 11, pp. 51-53, PROVIDING FOR THE CARE AND MAINTENANCE OF THE IOWA CITY MUN, CEMETERY, AUTHORIZING THE COUNCIL TO ESTABLISH REGS., RATES, & CHARGES FOR THE CEMETERY, PROVIDING PENALTIES FOR ANIMALS FOUND IN THE CEMETERY, AFTER-HOURS USE OF THE CEMETERY, SPEEDING, DISCHARGE OF FIRE- ARMS & INJURY TO MONUMENTS AND PLANTS, AND REPEALING ORD. #2331 AND ORD. #838 AND SUBSTITUTING THIS ORD. IN LIEU THEREOF be passed & adopted. Affirmative roll call vote unanimous, 5/0, Neuhauser & Selzer absent. As per the City Mgr.'s suggestion, it was moved by Vevera, seconded by Foster,to adopt RES. #77-126, Res. Book 39, p. 231-231F, ADOPTING REGS. FOR OAKLAND CEMETERY REGARDING THE RIGHTS OF LOT OWNERS, THE MAINTENANCE PRACTICES, RULES FOR VISITORS with an amendment to the 23rd paragraph by deletion of the 2nd sentence and the addition of "Interments normally will not be scheduled on Sunday or on an official City holiday" and by deletion of the Schedule of Fees. Affirmative roll call vote unanimous, 5/0, Neuhauser and Selzer absent. Moved by foster, seconded by Balmer, to adopt RLS. #77-127, Res. Burj; 39, p. 232-233, APPROVING PREL. & FINAL PLAT OF ORCHARD COURT SUBDIVISION. Affirmative roll call vote unanimous, 5/0, Neuhauser & Selzer absent. City Mgr. Berlin explained stipulations to be added to the Resolution Concerning this subdivision. Moved by Belmer, seconded by Vevera, tc adopt RES. Vl77-128. Res. Book 39, p. 234., APPROVING PREL. PLAT OF A 'Pouncil Activities May 3, 1977 Page 4 SUBDIVISION OF LOT 2 OF STURGIS CORNER ADD. Roll call: Ayes: deProsse, Vevera, Balmer, Foster. Nays: Perret. Res. adopted, 4/l, with Neuhauser & Selzer absent. Moved by Balmer, seconded by Foster, to adopt RES. #77-129, Res. Book 39, pp. 235-236, APPROVING REVISIONS TO SEC. VII (STORM SEWERS) OF DESIGN STANDARDS FOR PUBLIC WORKS IMPROVEMENTS IN IOWA CITY, IOWA. Affirmative roll call vote unanimous, 5/0, Neuhauser & Selzer absent. Moved by ,Foster, seconded by Ferret, to adopt RES. #77-130, Res. Book 39, pp. 237-238, APPROVING PLANS, SPECIFICATIONS, AND FORM OF CONTRACT AND ESTIMATED COST FOR THE MUSCATINE AVE. IMPROVEMENT PROJ. Roll call: Ayes: Foster, Perret, Vevera, Balmer. Nays: deProsse. Res. adopted, 4/1, with Neuhauser & Selzer absent. Moved by Balmer, seconded by Foster, to adopt RES. #77-131, Res. Book 39, p. 239, AWARDING CONTRACT FOR THE FY78 LANDFILL EXCAVATION PROJ. to Barker Constr. Co. Affirmative roll call vote unanimous, 5/0, Neuhauser & Selzer absent. Moved by Perret, seconded by Vevera, to adopt RES. #77-132, Res. Book 39, pp. 240-241, PROHIBITING PARKING ON WEST SIDE OF OAKLAND ST. FROM INTERSECTION OF OAKLAND ST. WITH SHERIDAN AVE. TO POINT 75 FT. NORTH OF INTERSECTION OF OAKLAND ST. AND SHERIDAN AVE. Affirmative roll call vote unanimous, 5/0, Neuhauser & Selzer absent. Moved by Vevera, seconded by Foster, to adopt RES. #77-133, Res. Book 39, p. 242, CHANGING THE PARKING REG. ON EAST SIDE OF GRANT ST. FROM COURT ST- SOUTH 75 FT. Affirmative roll call vote unanimous, 5/0 Neuhauser & Selzer absent. Moved by Balmer, seconded by Ferret, to adopt RES. #77-134, Res. Book 39, p. 243, AUTHORIZING BICYCLE SALE. Affirmative roll call vote unanimous, 5/0, Neuhauser & Selzer absent. Moved by Foster, seconded by Perret, to adopt RES. #77-135, Res. Book 39, p.p. 244-248, AUTHORIZING ASSIGNMENT OF JUDGMENT to Hawkeye Security for the judgment received from Rock Island Railroad. Affirmative roll call vote unanimous, 5/0, 'Neuhauser 6 Selzer absent. Moved by Balmer, seconded by Perret, to adjourn the meeting. Motion carried. (9:25 P.M.) MAYOR CI n,' CLERK Tape recorded on Reels #77-11 6 #77.16. 0 0 INFORMAL COUNCIL DISCUSSION MAY 2, 1977 1:00 P.M. INFORMAL COUNCIL DISCUSSION: May 2, 1977, at 1:00 P.M. in the Conference Room at the Civic Center. COUNCILMEMBERS PRESENT: Neuhauser, deProsse, Foster, Balmer, Perret (1:30 P.M.), Vevera. ABSENT: Selzer. STAFFMEMBERS PRESENT: Berlin, Stolfus, Schreiber. Mayor Neuhauser suggested that executive sessions be taped only when it is special and Council asks that it be taped. There were no objections from Councilmembers present. It was moved by Foster and seconded by Balmer to adjourn to executive session for discussion of an appointment to the Parks and Recreation Commission, and for discussion of property acquisition --the Old Post Office. Upon roll call Balmer, deProsse, Foster, Neuhauser, and Vevera voted aye. Motion carried, 5/0, Perret and Selzer absent. At 1:30 P.M., it was moved by Foster, seconded by Balmer to adjourn. Motion carried, 6/0, Perret having arrived. ZONING APPLICATIONS Senior Planner Don Schmeiser was present for discussion of the following items: Sturgis Corners - There is no cul-de-sac information yet from the Public Works Department. P & Z Bylaws - The Planning and Zoning Commission Bylaws will be referred to the Rules Committee and the Procedures are for Council information only. VogelPro Property - The Public Hearing will be held on May 24 to rezone from C2 to R3B. The City Manager stated that it would help stabilize the neighborhood. Schmeiser pointed out that the warehouse would have a non -conforming status. Vacation of Vir inia Drive - Schmeiser noted that the petition from o ectors a been received after P & Z had made their decision. The street has not been dedicated to the City as Virginia Drive. Mormon Trek �Rezon_in9 (Braverman Property) - The public hearing will be heid on May 3rd. The owner objects and the F & Z Commission has recommended denial, so it will require an extraordinary Vote of Council to proceed. • IlWal Discussion May 2, 1977 Page 2 AGENDA Councilman Balmer questioned why the P & Z Commission would be discussing the proposed Parking Policy, including the system for meter fees. The City Manager stated he would check this out. He also explained that in regard to Human Rights minutes of 4/25, regarding the 'free coffee', that it would have to be served to both male and female shoppers by the Mall Merchants Association, under the Ordinance adopted by the City. Concerning the statement by IPIRG regarding the mini -park, the Mayor noted that there was never a firm decision to preserve the Blackhawk Mini -park. The City Manager agreed. The City Manager explained that Item H10, Ordinance on Housing, should be deferred because of the inconsistencies with State Law. The Legal Department and the Community Development staff will work them out. Item N11 will also be deferred as the changes requested by Council in the language are not ready. He reported that in connection with the Muscatine Avenue Sanitary Sewer Project, the sanitary sewer for the three parcels can be Out in from behind, along the parking lot to the adjacent apart- ment house. It would require an easement, and would basically cost about the same as putting it in the street, and would be at the property owner's expense. The Public Works Department will write a letter to each prospective bidder, deleting the item. It will not affect the relationship with Federal and State because it was not an item to be funded from the FAUS money. Mayor Neuhauser discussed the recommendation of the Human Rights Commis- sion on the legislative matters reported in their minutes. She had met with the Commission and discussed why the Council thought that the Commission should not set policy; and discussed the role of the Commis- sion, which is advisory to the Council. She had told them that it would be most inadvisable to lobby for legislation because there might be conflicts with Council policy. The Commission has decided to go ahead and do it anyway. She will ask for a motion that Council add to the Ordinance a statement that recommendations for legislation will go thru the City Council. Four Councilmembers agreed. The Mayor also advised that she did not care to attend a meeting with the Commission and several minorities, as requested by the Commission, to discuss the status of minorities in Iowa City. She stated that the minorities are welcome to come to Council to speak at any time. P robl ems of minorities are the reason for the Commission's existence. The City Manager stated that he had no personal objection if any Board or Commis- sion dealt with the Legislature on procedural matters, but not on policy matters. Concerning the request from the Human Relations Commission for deferral status Civil Rights Specialist stated that it would not take any more staff to handle it. It is a legal arrangement which would allow them to investigate complaints filed against employers or respondents in the Iowa City area which were filed with the State and not Iowa City. She explained that the Commission wanted to meet with the Council to discuss the program of the Outreach Advocacy Comnlittee of the Commission. There is still discrimination for blacks in the area of housing. The Mayor • I mal Discussion Maa2 , 1977 Page 3 commented that she is concerned that the central focus of the Commission has dissipated into other things. The Commission will write a memo to Council on what they had in mind for discussion at the meeting. ANIMAL ORDINANCE Sheltermaster Bev Horton and Police Chief Harvey Miller were present for the discussion. The memo from the City Manager in the packet of 4/29 was noted. The effect of Councilmembers comments on the Department was discussed. The Mayor apologized but stated she still objected to the use of traps. Steve Kayes presented an article concerning the health problems regarding infectious diseases transmitted to humans by the feces of animals, and suggested the City call the Terrell Mill Park, the Terrell Mill Doggie Toilet. Parasites have been found in several park samples. Mrs. James Schintler related their experience regarding their son having to take rabies shots after having been bitten by a cat. Toni Russo stated that there was no excuse or justification for any dog or cat to be at large in an urban or rural area. Horton related the increased numbers of calls from the public asking for assistance and traps. Chief Miller reminded all that the Animal Shelter's purpose is animal control. Mary Ellen Hill suggested that the name be changed. Carl Miller presented a statement and a petition with 349 signatures. Regarding Hill's suggestion for a spaying clinic, the City Manager advised that the veterinarians are meeting with the Staff. Soon the licenses will also be sold at the animal shelter. Les Moore questioned if the present ordinance was adequate. The Mayor answered that it was. Moore requested that it be enforced. Horton explained why they shoot the animals instead of using injections or using gas. It is the most economical, instantaneous and humane way. Some excess animals are sold to the University as required by State law. Council will review an ordinance drafted by the department as soon as it is received from the Legal Department. URBAN RENEWAL AMENDMENTS AND SCHEDULE Program Coordinator Paul Glaves gave the background information concerning the changes in the Urban Renewal Plan Change V, as outlined in his memo of April 27th, including inclusion of the closure of College from Clinton to Linn in the plan; use of Dubuque for transit vehicles; the deletion of the pedestrian overpass over Burlington; deletion of the word "arcaded" when describing the public plaza on or adjacent to the intersection of College and Dubuque Streets; the change from 1600 to 2000 cars to 1300 to 1700 car spaces in the two ramps; and addition of the role of Capitol Street for loading and unloading. He pointed out the changes in the Land Disposition Map. Regarding the 25' strip from the Perpetual Savings & Loan, it will be bid separately; all parcels will bid at the same time. The Bank will not go further with their plans until they are sure where the building is going. Glaves called attention to his memo of April 29th. where he discusses the opposition to the transit mall on Dubuque Street, The Mayor pointed out the letter received from Old Capitol As soctiates. Attorney Hayek advised that the mutter would have to be agreed on by Old Capitol to change the use of the street. Freda Hieronymus and Jack Klaus commented on their views. Don Crum, representing the Downtown • I&mal Discussion May 2, 1977 Page 4 Association, expressed their objection to the transit mall. Design, which would accommodate use of the street in the future for transit, was discussed. Old Capitol Associates was asked for a written statement, as to what would be acceptable to them, before the public hearing next week. The Mayor pointed out that the basis on which Old Capitol made their plans was that College was closed. Glaves advised that items needing to be discussed with Council next Monday include: minimum and maximum Development Standards, specific land prices (in executive session), specific criteria to set for judging proposals, detail to require for proposals, and other terms and conditions. Feasibility of putting mini—parks in Dubuque St., if it remains open, was discussed. The tentative schedule of project execution was pointed out and it was noted that it is extremely optimistic. A draft prospectus will be provided for the Monday discussion. Councilman Perret will be absent from the Monday meeting. He will give Paul his opinions. Mayor Neuhuaser left the meeting, and Mayor Pro tem deProsse then presided. MONTHLY FINANCIAL STATEMENT Finance Director Rosemary Vitosh was present to review the changes made in the format. She advised there is less detail. They have added investment information. She explained why they keep negative balances. They will be charging back in Intergovernmental Services in April, primarily equipment repairs. The City Manager noted that the department will be looking at cost of services provided by the County for the City, and how they are funded. Another issue is the cost of maintaining vehicles; they will determine if it is desirable to do certain types of maintenance. The City Manager explained the status of the Epstein modular. The City has a lien against them for the money they owe us, so when they get their relocation payment from urban renewal, the payment will be made to the sheriff, who will then return to the City the money Epstein ownes the City. Vitosh pointed out that the vacant position of accountant in their department probably will not have to be filled. The comptroller is doing a great job. The City Manager will investigate why the University buses will be auctioned off by the City. OTHER Councilwoman deProsse requested that the City Manager obtained for her, from the County Auditor's office, the File Folder on 518. The City Nanager said fie would make arrangements for 'her to go over and look at it. The City Manager explained that the reference to the fee schedule in the Resolution Adopting Rules and Regulations could be deleted if Council wants further discussion of the fees. Then the Department could go ahead and implement the rules and regulations. • Ip - mal Discussion May 2, 1977 Page 5 Councilman Vevera pointed out a problem with inspection of rental units of 512 N. Gilbert St., Jessie Gunnet. ELECTED OFFICIALS PROJECT-COMMUNICTIONS Discussion was led by Administrative Assistant Linda Schreiber. Good points made on Pages 7 and 8 regarding accessibility and citizen involve- ment were discussed. Schreiber asked if Council wanted to consider the second phase of the project which will include budgeting, purchasing and collective bargaining. Decision can be made later. Concerning collective bargaining, Council would like to know the time and place of the Fire Department arbitration. The City Manager advised that he and Rosemary Vitosh-would be attending some seminars on zero based budgeting this summer. The process of negotiations for collective bargaining was discussed. The City Manager suggested that if there was concern, Council could discuss this at an informal session in the fall. Meeting adjourned, 4:45 P.M. The mintues of this meeting are recorded on Reel #14. 1 INFORMAL COUNCIL DISCUSSION MAY 16, 1977 1:00 P.M. INFORMAL COUNCIL DISCUSSION: May 16, 1977, at 1:00 P.M. in the Conference Room at the Civic Center. Mayor Neuhauser presiding. COUNCILMEMBERS PRESENT: deProsse, Foster, Vevera, Balmer, Neuhauser, Perret (2:05 P.M.). ABSENT: Selzer. STAFFMEMBERS PRESENT: S tolfus, Schreiber, Ryan, Miller (1:30 P.M.) Mayor Mary Neuhauser proclaimed Monday, May 16th as Support Equal Rights Amendment Day. ZONING APPLICATIONS Senior Planner Don Schmeiser was present to discuss the following applica- tions: Conway Subdivision, Resu bd. of Lot 30 - This area is south of St. Ann's Drive and west of Prarie du Chien Road, and the vacation of a portion of Virginia Ave. is in the area. There is a petition of objection to the vacation of the right-of-way from property owners. The public hearing is Tuesday night. The staff had suggested installation of a sidewalk from Buresh to Oaklawn. The developer (Glasgow) would be responsible for installing the sidewalk. There was no interest by the School Board to extend the sidewalk. The proposed 25' streets are extensions of existing 25' streets. Mayor Neuhauser pointed out that there was not sufficient sewer capacity. Schmeiser advised that when the East-West Trunk Sewer (River Corridor Trunk) is extended, it will take care of the problem. This project has previously been in the C.I.P. Council requested a response from the staff to the sewer question, so that they can discuss it at the next informal session. Non-Conformin Lots - The Mayor asked why these ordinances have to be consi ere at this time, when the Comprehensive Plan is being worked on. Schmeiser advised that they have had inquiries from about 20 persons who want to expand their homes. They cannot appeal to the Board of Adjustment. There was a short discussion of the term 'zero -based lot lines'. Schmeiser stated that there are problems with that, and the mechanics of it would have to be worked out before implementation. PAD -Ram's Second - fio questions. Ordinance will need three consider- ations. Vacation of Vireinia Ave. - If this vacation is not approved by Council, t wi not effect the preliminary plat for Conway, Resubd, of Lot 30. • formal Discussion May 16, 1977 Page 2 AGENDA Item H14 - Councilman Vevera asked why the fee for storage did not start on the first day. Acting City Manager Harvey Miller explained their reasoning. The charges for towing of vehicles are today's charges by the private operator. The bike funds will be paid to the City. Vevera noted that he would vote against the resolution. Items N12 & N13 - Councilman Vevera called attention to the City Manager's May 12th memo concerning street closures in the urban renewal area, and stated that it was poor planning on the City's part in regard to timing for experimentation with the traffic, and also stated his personal feeling that urban renewal was being decided by City Staff, not the seven elected Council officials. He reinterated that he would not vote to close Dubuque. Council discussed building the street so that it could be opened to traffic at some future date, by designing with the proper substructure. Altho there is probably a consensus to close the street, the Mayor suggested looking into the base requirements suitable for traffic, if necessary. Item5.a.(2) - Third paragraph of P&Z recommendation. Councilman Balmer suggested looking into maintaining access for public traffic both ways on Washington St. between Madison and Clinton St. Consultant Zuchelli had said that until Council received proposals it would be difficult to know how to deal with it. Also there might be input from the University. Regarding the date for the Resources Conservation Commission meeting, Administrative Ass't. Linda Schreiber stated that she would be setting a date for the initial meeting of the Commission. The City Manager will attend this meeting. Councilman Vevera questioned when the Hwy. 1-6-218 intersection project was scheduled. Acting City Manager Miller advised he would check into it. Councilman Foster stated that after reading the memo on Mormon Trek, if engineering is holding that project up, it better be farmed out to get going with it. This item will be referred to the City Manager to see if there is another way to deal with it. CEMETERY FEES AND CHARGES Superintendent Billie Hauber and Director of Parks and Recreation Dennis Showalter were present for the discussion. Hauber called attention to the sheet of comparisons of operating services for the Iowa City area cemeteries. She explained each term used to describe operating services and the charges for each. The cemetery will be buying back lots if present owners want to sell. Non-resident fees are higher, as the cemetery is partially tax supported. There has been no raise in cost of spaces since 1968. Councilman Perret arrived, 2:05 P.M. The new area. Sunny Slopes. will be used for cremations only. • rmal Discussion ay 16, 1977 Page 3 Director Showalter stated that he, the City Manager and Hauber did not care how Council set the fees, unless Council comes back and says that the Cemetery didn't generate enough revenue. The money, not budgeted, derived from interest from investment of perpetual care fund has to be applied to care of lots, and the added funds because of raised fees could go back into repair of the building at the Cemetery. There are provisions for burial of people who do not have any money, with funding from Johnson County, but there is no 'potters field', as such. Robert Welsh presented several comparisons of categories of costs of lots, noting that the lowest prices ($175, $145 and $125) could bring $8,905. He called attention to the limited income of elderly persons, and suggested that the City cemtery should charge less than private cemeteries. Councilman Balmer thanked the ministers for their discussions with staff on these problems. The resolution will be brought up at Tuesday's meeting. RECODIFICATION Assistant Attorneys Kushnir, Bowlin and Ryan were present for discussion. Bowlin explained the purpose of the editiorial conference with Jim Vaught from the Municipal Code Company and the need for Council's approval of the changes proposed. He called attention to their memo of May 5th. Council went thru the memo and discussed problem areas in each Title. Section 3.22 has been sent to the Airport Commission for their input. Councilwoman deProsse suggested taking out the provision in 3.33 which does not allow drinking of beer in the parks. There was no consensus to change this, but it was pointed out that if anyone calls to city offices to inquire about this, that they are told that is is not allowed. The State law does permit beer drinking in parks. Any drunk or disorderly can be prosecuted under those sections of the Code. 3.30 does not apply to Farmer's Market. Bowlin explained that Mr. Dameron from the County Health Department had asked that the City keep Section 4.12. It was suggested that Section 4.21 apply to dogs and cats. The recom- mendation suggested is a significant tightening. 4.24 --It was noted that there will be permits for open burning, allowed in the Fire Code. In Chapter 5,28, the provision that the Mayor will appoint chaperones will be deleted. The Clerk advised that there was some sentiment in the detective division to keep this Chapter in the Code. Chief Miller asked that he be able to investigate and check-out State law. Regarding bond for peddler's licenses, Kushnir inquired if Council wanted to bond the corporation or each individual. Councilmembers wanted to leave the requirement to bond each individual. As the section allowing Sidewalk Days was removed, Bowlin advised that it was the recommendation of the legal department that Council pass a resolution temporarily vacating the streets to be involved if they want to allow the Sidewalk Days. Mayor Neuhauser noted the need to change the Iowa law to provide for outdoor cafes in the urban renewal area. Chief Miller suggested deletion of Chapter 7. 04, curfew for minors. Legal will present a new ordinance on Disorderly Conduct. There will be new procedures for abatement of nuisances as outlined in the State Code. Vaught had recommended an ordinance prohibiting littering. Ryan explained • formal Discussion May 16, 1977 Page 4 that the Uniform Code and all Building Codes will be updated to the 1976 Codes. Chief Miller suggested that the City be allowed to demolish dangerous buildings. The legal staff will discuss this with City Manager Berlin. It was pointed out that in 9.60, there will be a new assessment procedure for Sidewalks as set out in the State Code. City Attorney Hayek recommended that in 9.66, tapping fees be deleted. All corrections must be made by June 1, 1977. PURCHASE OF OLD POST OFFICE Mayor Neuhauser outlined her discussion with O'Brien in Washington D.C. regarding the purchase of the old Post Office. They are not interested in an exchange for property. Their bottom price was $250,000. She noted that the City would need to know if they can get housing units there. He suggested that the City buy it on time for 10 years at 8% interest, principal payment of $25,000 a year. Atty. Ryan will check to see if the City can do this. They will give an option contingent upon the City getting the housing units, and the City can pursue use of a long-term lease with dedication of the property to the City at the termination of the lease. If housing is put on this site, there will be another piece of urban renewal land that can be sold. The proposal for 208 Housing has to be in by May 31st. Councilmembers deProsse and Vevera left the meeting (3:45 P.M.). ELECTED OFFICIALS PROJECT Administrative Ass't. Linda Schreiber led discussion of the handbooks on "Advisory Committees" and "Goal Setting". All agreed that these are the two best handbooks so far. Mayor Neuhauser commented on grantsmanship needed to be aware and pursue grants available. City Manager Berlin has said that Mike Kucharzak could coordinate this. Staff for the Resource Conservation Commission was discussed. Council- man Balmer voiced his concerns over the conservation of water. The Mayor thought that the City was remiss in the area of training in some of the Commissioners. The "Goal Setting" handbook was the newest area for Council. The Mayor pointed out that Council had never formed measure to achieve their goals. Zuchelli had done this for the Urban Renewal project. It would have been helpful for the Ralston Creek project. She thought that citizens should have a chance to come in and say what their goals are. The Mayor suggested that all Councilmembers see the slide show that was given at the Neighborhood Meetings. Council discussed holding public hearings in other places in the community. The last handbook will be scheduled next week. WINDING CREEK Mayor Neuhauser related her conversation with Nate Rueben about the project of Winding Creek which had been turned down. There will be units advertised in another month, and Council could work with the developer then. Concerning the urban renewal site, he was going to take .another look at it, and get a memo out to Council on why it was turned down. He wants Iowa City to look at public 'scattered sites' housing. The Mayor will talk with Johnson. • JSirmal Discussion May 16, 1977 Page 5 BOARDS AND COMMISSIONS DISCUSSION AND DINNER ON MAY 26TH Councilman Foster advised of a Transit meeting in Ottumwa on the 26th. He asked Perret to attend. Councilman Balmer also advised that he would not be able to attend the discussion meeting and dinner. Mayor Neuhauser reported on the Alabama State Law on the Capital Projects Fund required for cities. Meeting adjourned, 4:15 P.M. The minutes of this meeting are recorded on Reel # 15.