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HomeMy WebLinkAbout1977-05-24 Council MinutesMINUTES OF OFFICIAL ACTIONS OF COUNCIL MAY 24, 1977 The cost of publishing the following proceedings & claims is $ . Cumulative cost for this cal- endar year for said publication is $ Iowa City Council, reg. meeting, 37T4777, 7:30 P.M. at the Civic Center. Councilmembers present: Balmer, deProsse, Foster, Neuhauser, Selzer, Vevera, Perret (1:35). Mayor Neuhauser presiding. Mayor Neuhauser proclaimed week of 5/22-28/77 as Small Business Wk. and mentioned that Component Homes, Inc., of Iowa City, has received the Small Business Award for S.E. Iowa. Councilman Perret arrived, 7:35 P.M. City Attorney Hayek was present to discuss issues concerning the College/Dubuque Mall. Moved by Selzer, seconded by Balmer, to substitute a new RESOLUTION MODIFYING THE URBAN RENEWAL PLAN FOR PROJECT IOWA R-14 for the resolution originally proposed. Mark Hart: presented a petition asking for retention of Blackhawk Mini -Park, as did the petition from Gary Kaufman. Others appearing were: David Smithers, Rachel Matteson, and Betty Gerber, Larry Eckholt, Roselind Moore, and Robt. Ogesen, P&Z Concur. .The motion to substitute the proposed Resolution received a unanimous vote, 7/0. Moved by Perret that the Council defer dispos- ition of Parcel 82-1b and Parcel 65-2 until the design of College/Dubuque St. Mall has been review- ed. Motion died for lack of second. Moved by Foster, seconded by Perret, to withdraw a previous motion to defer disposition of the north 6004 ft. part of Parcel 65-2 and to substitute instead, a motion to defer action on disposal of the whole Blackhawk Mini -Park. Roll call: Ayes: deProsse, Foster, Perret. Nays: Neuhauser, Selzer, Vevera, Balmer. Motion failed, 3/4. Moved by Foster, I seconded by Balmer, to adopt substituted RES. 077- 152, Res. Book 39, pp. 287-289, MODIFYING URBAN RENEWAL PLAN FOR PROJECT IOWA R-14. Affirmative roll call vote unanimous, all Councilmembers present. Moved by Selzer, seconded by Perret, to rec. & file the two petitions and letter from Rachel Matteson cont. Blackhawk Mini -Park. Motion passed, 7/0. The Deputy City Clerk asked that a Res. Approving Class B Beer Sunday Sales for Silver Ball Ltd. be added and the public hearing date for the FY78 Asphalt Overlay Proj. be changed to 6/7/77 on the Consent Calendar. Moved by Balmer, seconded by Foster, that the following Items & recomm.s. in the Consent Calendar be approved and/or adopted as amended: Approval of off. actions, reg. mtg., 6/10/77, subject to correction, as recomm. by City Clerk. Minutes of Bds. & Comms.: P&Z Comm. -5/12/77; Parks & Rec. Comm. -5/11/77; Housing Comm. - 5/4/77; Mayor's Youth Employment Bd.-4/18/77. Permit Res.., Res Book 39, as recomm. by City Clerk: Res. 077-153, p. 290. Approving Class C Liquor Control License appl. for Nickelodeon, 208 N. Linn. Res. #77-154, p. 291, Approving Class B Beer Sunday Sales for Silver Ball Ltd., 529 S. Gilbert. Res. #77-155, Res. Book 39, p. 292, Setting Public Hearing on 6/7/77, 7:30 P.M. at the Civic Center for the FY78 Asphalt Overlay Proj. Correspondence: Benita Allen, Congregate Meal Site Council's Secretary, re elderly trans., Johnson Co. Bd. of Supervisors, re parking problem, and J.C. Penney Co., Inc., re closure of downtown sts., referred to City Mgr. Affirmative roll call vote unanimous, all Council - members present. The Mayor officially announced the public hearing as stated above. Moved by Foster, seconded by Perret, to approve the placement and design of the Lindquist Center for Measurement, Phase II, and to waive the 20 ft. setback requirement contained in Art. III, Sec. 1, of the Agreement for Sale of Land to a Public Body, subject to the right to further consider and approve or disapprove the court yard layout and vehicular access in the future. Motion carried, 7/0. Moved by deProsse, seconded by Selzer, to adopt RES. #77-156, Res. Bk. 39, pp. 293-295, ADOPTING THE SCHEDULE OF FEES AND CHARGES FOR OAKLAND CEMETERY. Affirmative roll call vote unanimous, all Councilmembers present. Councilwoman deProsse asked permission from Council to attend a transportation Steering Comm. on 6/10 in Artzona. There were no objections. The Mayor was asked to send a letter to the Airport Comm. requesting them to hold their meetings at the Civic Center. Public hearing was held on rezoning a tract of land known as Block 19 from C2 to R3B as requested byVogel & Son. Public hearing on the proposed plans & specifi- cations for the College/ Dubuque Mall Storm & Sanitary Sewer Proj. was held. Moved by Balmer, seconded by deProsse, to adopt RES. 077-157, Res. Bk. 39, pp. 296-297, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, & ESTIMATE FOR THE COLLEGE/DUBUQUE MALL STORM & SANITARY SEWER PROJ. bids to be received 6/15/77. Affirmative roll call vote unanimous, all Councilmembers present. Moved by Selzer, seconded by Foster, to adopt RES. #77-158, Res. Bk. 39, pp. 298-302, ESTABLISHING JUST COMPENSATION FOR LOSS IN LAND VALUE DUE TO EASEMENT ACQUISITION FOR CDBG RALSTON CREEK INTERIUM PROJECTS. Affirmative roll call vote unanimous, all Councilmembers present. 14oved by Foster, seconded by Balmer, that the rule requiring that ords. must be considered and voted on for passage at 2 Council meetings prior to the meeting at which it is to be finally passed be suspended, that the 1st & 2nd consideration and vote be waived, and that the ord. be voted upon for final passage at this time. Roll call: Ayes: Balmer, Foster, Neuhauser, Perret, Selzer, Vevera. Nays: deProsse. Motion carried, 6/1. Moved by Foster, seconded by Balmer, that ORD. #77-2837, Ord. Bk. 11, pp. 110-111, AMENDING ORD. #73-2788 (SEC. 8.10.3A (55a) & SEC. 8.10.24C, MUN. CODE OF IOWA CITY) be finally adopted at this time. Affirmative roll call vote unanimous, all Council - members present. Moved by Foster, seconded by Balmer, that the rule requiring that ords. must be considered and voted on for passage at 2 Council meetings prior to the meeting at which it is to be finally passed be suspended, that the 1st & 2nd consideration and vote be waived, and that the ord. be voted upon for final passage at this time. Roll call: Ayes: Foster, Neuhauser, Perret, Selzer, Vevera, Balmer. Nays: deProsse. Moved by Foster, seconded by Balmer, that ORD. #77-2838, Ord. Bk. 11, pp. 112- 113, AMENDING ARTICLE XXIII, SEC. 2 AND REPEALING SEC. 4 OF ORD. #2238 (SEC. 8.10.24B AND SEC. 8.10.24D, MUN. CODE OF IOWA CITY) be finally adopted at this time. Affirmative roll call vote unanimous, all Councilmembers present. Moved by Foster, seconded by Balmer, that the ORD. VACATING R -O -W (Virginia Dr.) be tabled. Motion carried, 7/0. Moved by Foster, seconded by Vevera, that the ORD. AMENDING ORD. #76-2801 BY PROVIDING FOR THE ESTABLISHMENT OF CERTAIN FEES WITH REGARD TO WATER SERV. WHICH HAS BEEN DISCONTINUED PURSUANT TO ORD. #76-2801 be considered and given 1st vote for passage. Affirmative roll call vote unanimous, all Councilmembers present. Moved by Perret, seconded by Foster, to table indefinitely the RES. APPROVING THE PREL. PLAT OF A RESUBDIVISION OF A PORTION OF LOT 30, CONWAY'S SUBDIVISION. Motion carried, 6/1, Selzer voting no. Moved by Selzer, seconded by deProsse, to adopt RES. #77-159, Res. Bk. 39, pp. 303-308, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH IOWA -ILLINOIS GAS & ELECTRIC conc. a storm water storage area located north of Lower Muscatine Rd. on IA -IL Gas & Elec. property. Affirmative roll call vote unanimous, all Councilmembers present. Moved by Selzer, seconded by Balmer, to adopt RES. #77-160, Res. Bk. 39, pp. 309-311, APPROVING AGREEMENT FOR OVERSIZING SANITARY SEWER in the Ty'n Cae Subdivision. Roll call: Ayes: Vevera, Balmer, Foster, Neuhauser, Selzer. Nays: deProsse, Perret. Res. adopted, 5/2. f0ved by deProsse. seconded by Foster, to adopt RES. #77-161, Res. Bk. 39. pp. 312-314, AUTHORIZING MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVS. IN IOWA CITY, IA. AREA WITH THE PALS PROG. OF JOHNSON CO. EXTENSION SERV. Affirmative roll call vote unanimous, all Councilmembers present. Moved by Foster, seconded by Balmer, to adjourn the meeting. Motion carried, 7/0. (10:02 P.M.) A more complete description of Council activities is on file in the office of the City Clerk. oso'�z" ,/4'� s/t1ARY C. NEUHAUSER, MAYOR s/ABBIE STOLFUS, CITY CLERK 6/7/77 *,40A� C. TES OF OFFICIAL ACTIONS OF COIL MAY 10, 1977 The cost of publishing the following proceedings & claims is $ Cumulative cost for this cal- endar year for laid publication is $ Iowa City Council, reg. session, 5/10/77, 7:30 P.M., at the Civic Center. Councilmembers present: Balmer, deProsse, Foster, Perret, Selzer, Vevera. Absent: Neuhauser. Mayor Pro tem deProsse presiding. Clemens Erdahl advised copies of the revised petition papers & Tenant/Landlord Ord. had been filed, and outlined the changes. City Mgr. Berlin stated the proposed ordinance had been referred to the Legal Dept. for review. Linda Fisher and Connie Vogel and Colleen, expressed their views which favored the mini-park located at the corner of Dubuque & Washington. Mayor Pro tem deProsse proclaimed May 9-15/77, as Municipal Clerk's Week. Moved by Balmer, seconded by Selzer, that the following items & recomns. in the Consent Calendar be approved and/or adopted as presented. Approval of off. actions, reg. Council meeting, 4/26/77, 7:30 P.M., subject to correction, as recomm. by City Clerk. Minutes of Bds. & Comms.: Housing Bd. of Appeals - 3/19/77. Permit Res., Res. Book 39, as recomm. by City Clerk: Res. #77-136, p. 249, Approving Class B Beer Permit application and Res. #77- 137, p. 250, Approving Class B Beer Sunday Sales Permit application for Godfather's Pizza, 531 Hwy. 1 W. Res. #77-138, p. 251, Approving Cigarette Permits. RES. #77-139, Res. Book, 39, pp. 252-255, FIXING DATE FOR MEETING ON ISSUANCE OF $3,015,000 GEN. OBLIGATION BONDS AND SETTING PUBLIC HEARING for 5/17/77, 7:30 P. M., in Council Chambers. Correspondence: Bernie Byrne, re Blackhawk Mini-Park; Al & Peg Jones, re downtown parks; Wm. Fischer, re public influence on City & Council; I.C. Chamber of Commerce, re inc. of transit concept into Dubuque St. Mall; referred to City Mgr. Jo Hiner, re human rights, referred to Human Rel. Dir. Brenda Schintler, re cat control, referred to Police Dept. Robt. Weihe, re plane at Airport, referred to Airport Comn. Carl Miller, re petition & statement conc. cat control. Affirmative roll call vote unanimous, Neuhauser absent. Mayor Pro tem deProsse officially announced the public hearing on issuance of G.O. Bonds as stated above. Mayor Pro tem deProsse announced a vacancy for an unexpired term ending 3/1/78 on the Comn. on Community Needs, to be appointed G/14/77. Moved by Foster, seconded by Selzer, to appoint Richard Dague, John Houck, Roberta Eide, and Harold Stager to the Resources Conservation Comm. with terms expiring 1/1/79. Motion carried, 6/0. Moved by PerrE*seconded by Foster, to appoin earles Denm ger, Philip Hotka, and Ira Bolnick, to the Resources Conservation Conal. with terms expiring 1/1/80. Motion carried, 6/0. Council reached a consensus to hold an executive session at 7:10 P.M. on 5/31 to make appointments to fill vacancies for four comms. Mayor Pro tem deProsse pointed out that the Resolution on modifications to the Urban Renewal Plan would be considered at the 5/24 meeting. She declared the public hearing on the proposed modifi- cations to the Urban Renewal Plan open. Persons appearing were: Mark Hart, Bernadette Breen, Bob Bartley, Gene Spaziani, Gary Kaufman, Don Crum, Pres. Downtown Merchants Assn., Atty. Bill Bartley, Robert Welsh and Freda Hieronymus. P&Z Comor. Juanita Vetter advised that the Conn. had found that the changes were not inconsistent with the existing Comprehensive Plan. It was the consensus of Council that staff make preparations to perform the experiment of closing Dubuque & College to assess traffic problems. Public hearing closed. Moved by Perret, seconded by Vevera, to receive letters re street closures from Charles Eble and from P&Z Commr. John Kamnermeyer, and make them part of the public hearing. Motion carried, 6/0. Moved by Selzer, seconded by Foster, to cancel the public hearing on the vacation of portion of Parsons Ave. and refer the matter to the P&Z Comm. Motion carried, 6/0. Asst. City Atty. Kushnir explained the changes made to the Ord. Amending Traffic & Parking. Moved by Foster, seconded by Vevera, that the rule requiring that ords. must be considered and voted on for passage at 2 Council meetings prior to the meeting at which it is to be finally passed be suspended, that the 1st & 2nd consideration and vote be waived, and that the ord. be voted upon for final passage at this time. Motion carried, 6/0. Moved by Foster, seconded by Vevera, that the Ord. be finally adopted at this time. Robt. Welsh appeared cont. alleys, bicycles, and u- turns. Moved by Foster, seconded by Vevera, to amend the 1st sentence in Sec. 6.12.11 by substitut- ing "Persons riding bicycles on the roadway shall ride single file." Motion carried, 6/0. Moved by Foster, seconded by Selzer, to delete Sec. 6.06.03, Limitations on Turning Around. Motion carried, 6/0. Because of procedural irregularities, the motioner and seconder withdrew their two previous motions to suspend the rules and to adopt the ord. Moved by Foster, seconded by Vevere, that the rule requiring that ords. must hec3rsidered and voted on for passage at 2 Council meetings prior to the meeting at which it is to be finally passed be suspended, that the 1st & 2nd consideration and vote be waived, and that the ord. be voted upon for final passage at this time. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Moved by Foster., seconded by Balmer, that ORD. #77-2 Ord. Book 11, pp. 54-107, At ING MUN. CODE WEPEALING CHAP. VI, TRAFFIC &KING, AND ESTABLISHING NEW CHAP. IN LIEU THEREOF as amended be finally adopted at this time. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Councilman Vevera read RES. #77-140, Res. Book 39, p. 256, OF COMMENDATION FOR GLENN E. STIMMEL for the 30 years of service given to the I. C. Fire Dept. and moved its adoption. It was seconded by Selzer. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Moved by Balmer, seconded by Foster, to adopt RES. #77-141, Res. Book 39, pp. 257-259, CERTIFYING TREE REMOVAL TO CO. AUDITOR, to allow assessment of the property owned by John Lee for the removal of a dead tree. Affirmative roll call vote unani- mous, 6/0. Neuhauser absent. Moved by Foster, seconded by Balmer, to adopt RES. #77-142, Res. Book 39, pp. 260-263, APPROVING FY78, 79, AND 80 OFFICIAL MUNICIPALITY REPORT FOR STREET CONSTRUCTION PROG. concerning programs funded by road use tax money. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Moved by Balmer, seconded by Foster, to adopt RES. #77-143, Res. Book 39, pp. 264-274, APPROVING AGREEMENT FOR FED. AID TO URBAN SYSTEM PROJ. for the Mormon Trek improvement proj. between Benton St. & south City limits. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Moved by Balmer, seconded by Foster, to adopt RES. #77-144, Res. Book 39, P. 275, AUTHORIZING THE MAYOR TO SIGN AGREEMENT WITH VEENSTRA & KIMM, ENGINEERS & PLANNERS, W. DES MOINES, IA., FOR THE SEWER SYSTEM EVALUATION STUDY. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Moved by Foster, seconded by Perret, to adopt RES. #77-145, Res. Book 39, pp. 276-277, PROHIBITING PARKING ON BOTH SIDES OF WALNUT ST. FROM INTERSECTION OF WALNUT ST. WITH WEBSTER ST. E. TO POINT 100 FT. E. OF WEBSTER ST. - WALNUT ST. INTERSECTION. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Moved by Foster, seconded by Balmer, to adopt RES. #77-146, Res. Book 39, pp. 278-279, PROHIBITING PARKING ON W. SIDE OF LEXINGTON AVE. FROM INTERSEC- TION OF LEXINGTON AVE. WITH RIVER ST. N. TO INTER- SECTION OF LEXINGTON AVE. WITH PARK RD. FROM 8:00 A.M. TO 5:00 P.M. MON.-FRI. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Moved by Balmer, seconder' by Perret, to adjourn the meeting. Motion carri•d. (9:40 P.M.) A more complete description of Council activities is on file in the office of the City Clerk- s/CAROL dePROSSE, MAYOR PRO TCM s/ABBIE STOLFUS, CITY CLERK 5/24/77 0 0 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 10, 1977 7:30 P.M. Iowa City Council, regular session, 5/10/17, 7:30 P.M., at the Civic Center. Councilmembers present: Balmer, deProsse, Foster, Perret, Selzer, Vevera. Absent: Neuhauser. Mayor Pro tem deProsse presiding. Clemens Erdahl, 1218 E. College, advised copies of the revised petition papers & Tenant/Landlord Ord, had been filed, and outlined the changes. City Mgr. Berlin stated the proposed ordinance had been referred to the Legal Dept. for review, and Council would be receiving copies on Friday. Linda Fisher, 941 S. Van Buren, and Connie Vogel, 1724 Court St., on behalf of her daughter, Colleen, expressed their views which favored the mini -park located at the corner of Dubuque & Washington. Mayor Pro tem deProsse proclaimed May 9-15/77, as Municipal Clerk's Week and conveyed appreciation to the City Clerk's Office. Moved by Balmer, seconded by Selzer, that the following items & recomms. in the Consent Calendar be approved and/or adopted as presented." Approval of off. actions, reg. Council meeting, 4/26/77, 7:30 P.M., subject to correction, as recomm. by City Clerk. Minutes of Bds. & Comms.: Housing Bd. of Appeals - 3/19/77. Permit Res., Res. Book 39, as recomn. by City Clerk: Res. #77- 136, p. 249, Approving Class B Beer Permit application and Res. N77-137, p. 250, Approving Class B Beer Sunday Sales Permit applica- tion for Godfather's Pizza, 531 Hwy. 1 W. Res. N77-138, p. 251, Approving Cigarette Permits. RES, N77-139, Res. Book 39, pp. 252-255, FIXING DATE FOR MEETING ON ISSUANCE OF $3,015,000 GEN. OBLIGATION BONDS AND SETTING PUBLIC HEARING for 5/17/77, 7:30 P.M., in Council Chambers. Correspondence: Bernie Byrne, re Blackhawk Mini -Park; Al & Peg Jones, re downtown parks; Wm. Fischer, re public influence on City & Council; I.C. Chamber of Commerce, re inc. of transit concept into Dubuque St. Mall; referred to City Mgr. Jo Hiner, re human rights. referred to Human Rel. Dir. Brenda Schintler, re cat control, referred to Police Dept. Robt. Weihe, re plane at Airport, referred to Airport Comm. Carl Miller, repetition & statement cont. cat control. Affirmative roll call vote unanimous, Neuhauser absent. Mayor Pro tem deProsse officially announced the public hearing on issuance of G.O. Bonds as stated above. Mayor Pro tem deProsse announced a vacancy for an unexpired term ending 3/1/78 on the Comm, on Community Needs, to be appointed 6/14/77. Moved by Furter, secunded by Selter, to dppuint Richard Ddgue, 1855 • C&il Activities May 10, 1977 Page 2 Graslon Dr., John Houck, 432 Kimball Rd., Roberta Eide, 922 E. Church, and Harold Stager, 1221 Kirkwood, to the Resources Conservation Comm. with terms expiring 1/1/79. Motion carried, 6/0. Moved by Perret, seconded by Foster, to appoint Charles Denniger, 30 Durham Ct., Philip Hotka, 1908 G St., and Ira Bolnick, 525 Iowa Ave. to the Resources Conservation Comm. with terms expiring 1/l/80. Motion carried, 6/0. Councilman Vevera mentioned the dust problem in the 600 block of E. Jefferson and asked that the matter be resolved. Councilman Perret reported that he had contacted Reps. Hargrave & Svoboda re Motor Fuel Tax Bill last week, and advised it had been passed by the House yester- day. Councilman Foster added he had spoken to Sen. Doderer who indicated it had a good chance for passage in the Senate. Mayor Pro tem deProsse reported that as a result of last week's discussion, she and Councilman Selzer had been invited to attend the Chamber of Commerce's Transpor- tation Conn. meeting on 5/25/77. Council reached a consensus to hold an executive session at 7:10 P.M. on 5/31 to make appointments to fill vacancies for four comms. Mayor pro tem deProsse introduced Gary Lowe who explained the Inter- national Program sponsored by the Univ. School of Social Work. He introduced three of the participants from the five foreign countries who will be working & studying in Iowa this summer. They have also been observing how city government works. City Mgr. Berlin stated it would be desirable for a Councilmember to call Sen. Doderer re the Motor Fuel Tax Bill. Mayor Pro tem deProsse volunteered to do so. He indicated the Senate would be discussing additional limitations on a city's ability to raise revenue in the near future, and Council will be provided with information as soon as it becomes available. Mayor Pro tem deProsse pointed out that as Councilman Selzer would be absent from the 5/17 meeting, the Resolution on modifications to the Urban Renewal Plan would be considered at the 5/24 meeting. She declared the public hearing on the proposed modifications to the Urban Renewal Plan open. Persons appeared regarding (1) retention of the mini -park: Mark Hart, Bernadette Breen, 11% S. Dubuque; Bob Bartley, 505 Whiting Ave.; Gene Spaziani, 2820 Brookside Dr.; & Gary Kaufman, 420 E. Daven- port. (2) Don Crum, Pres. Downtown Merchants Assn., request to keep Dubuque & College closed as proposed. (3) P&Z Comnr. Juanita Vetter advised that the Comm. had found that the changes were not inconsistent with the existing Comprehensive Plan. She explained the 2 recommendations from the Comm. as outlined in the letter from Comnr. John Kamnermeyer dated 5/9/71 concerning suggested street closures. (4) Concerns of Atty. Bill Bartley, 505 Whiting Ave.: (a) retention of mini -park, (b) opposition to closing of Dubuque or conveyance of any title, right, interest or exclusive use of it, (c) taking care that Council is acting as the proper agency either as Council or as the Local Public Agency, as the situation requires. Urban Redev. Coord. Paul Glaves stated that Staff is watching these distinctions closely. Robt. Welsh, 2526 May- field Rd., suggested that, Council experiment by closinq College St., between Linn S Clinton and Dubuque between College and Burlington to monitor traffic congestion. Freda Hieronymus, 3222 Muscatine Ave., • Coult Activities May 0,'1977 Page 3 suggested that Blocks 83 & 84 be opened for parking for the experiment. She favored placing mini -parks in the streets and discussed the number of parking spaces. It was the consensus of Council that staff make pre- parations to perform the experiment. Public hearing closed. Moved by Perret, seconded by Vevera, to receive letters re street closures from Charles Eble and from P&Z Commr. John Kammermeyer, and make them part of the public hearing. Motion carried, 6/0. Moved by Selzer, seconded by Foster, to cancel the public hearing on the vacation of portion of Parsons Ave. and refer the matter to the P&Z Conn. Motion carried, 6/0. Asst. City Atty. Kushnir explained the changes made to the Ord. Amending the Mun. Code by Repealing Chap. VI, Traffic & Parking, and Establishing a New Chap. in Lieu Thereof. Moved by Foster, seconded by Vevera, that the rule requiring that ords. must be considered and voted on for passage at 2 Council meetings prior to the meeting at which it is to be finally passed be suspended, that the 1st & 2nd consideration and vote be waived, and that the ord. be voted upon for final passage at this time. Motion carried, 6/0. Moved by Foster, seconded by Vevera, that the Ord. be finally adopted at this time. Robt. Welsh appeared cont. alleys, bicycles, and u -turns. Moved by Foster, seconded by Vevera, to amend the 1st sentence in Sec. 6.12.11 by substituting "Persons riding bicycles on the roadway shall ride single file." Motion carried, 6/0. Moved by Foster, seconded by Selzer, to delete Sec. 6.06.03, Limitations on Turning Around. Motion carried, 6/0. Because of procedural irregularities, the motioner and seconder withdrew their two previous motions to suspend the rules and to adopt the ord. Moved by Foster, seconded by Vevera, that the rule requiring that ords. must be considered and voted on for passage at 2 Council meetings prior to the meeting at which it is to be finally passed be suspended, that the 1st & 2nd consid- eration and vote be waived, and that the ord. be voted upon for final passage at this time. Affirmative roll call vote unanimous, 6/0. Neuhser2835auOrd.aBookbsent11,Mpp. by 54-1075tAMENDINGnded MUN.bCODE1BYrthat ORD. REPEALING CHAP. VI, TRAFFIC & PARKING, AND ESTABLISHING NEW CHAP. IN LIEU THEREOF as amended be finally adopted at this time. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Councilman Vevera read RES. N77-140, Res. Book 39, p. 256, OF COM- MENDATION FOR GLENN E. STIMMEL for the 30 years of service given to the I.C, Fire option . olcallvote ert. and oits unanimous, 6/OIt Neuhauserseconded absentSelzer. Affirmative Moved by Balmer, seconded by Foster, to adopt RES. #77-141, Res. Book 39, pp. 257-259, CERTIFYING TREE REMOVAL TO CO. AUDITOR, to allow assessment of the property owned by John Lee for the removal of a dead tree in accordance with Sec. 364.12(3) (b), Iowa Code. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Moved by Foster, seconded by Balmer, to adopt RES. #77-142, Res. Book 39, pp. 26D-263, APPROVING FY78, 79, AND 80 0r1'ICIAL MUNICIPALITY REPORT FOR STREET CONSTRUCTION PROG. concerning programs funded by road use tax money. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. • Cocil Activities May 10, 1977 Page 4 Moved by Balmer, seconded by Foster, to adopt RES. #77-143, Res. Book 39, pp. 264-274, APPROVING AGREEMENT FOR FED. AID TO URBAN SYSTEM PROJ. for the Mormon Trek improvement proj. between Benton St. & south City limits. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Councilman Selzer pointed out potential problems with traffic during Univ. football season & requested that 100' right-of-way be planned for Scott Blvd. Moved by Balmer, seconded by Foster, to adopt RES. #77-144, Res. Book 39, p. 275, AUTHORIZING THE MAYOR TO SIGN AGREEMENT WITH VEENSTRA & KIMM, ENGINEERS & PLANNERS, W. DES MOINES, IA., FOR THE SEWER SYSTEM EVALUATION STUDY. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Moved by Foster, seconded by Perret, to adopt RES. #77-145, Res. Book 39, pp. 276-277, PROHIBITING PARKING ON BOTH SIDES OF WALNUT ST. FROM INTERSECTION OF WALNUT ST. WITH WEBSTER ST. E. TO POINT 100 FT. E. OF WEBSTER ST. - WALNUT ST. INTERSECTION. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Moved by Foster, seconded by Balmer, to adopt RES. #77-146, Res. Book 39, pp. 278-279, PROHIBITING PARKING ON W. SIDE OF LEXINGTON AVE. FROM INTERSECTION OF LEXINGTON AVE. WITH RIVER ST. N. TO INTERSECTION OF LEXINGTON AVE. WITH PARK.RD. FROM 8:00 A.M. TO 5:00 P.M. MON.-FRI. Affirmative roll call vote unanimous, 6/0. Neuhauser absent. Moved by Balmer, seconded by Perret, to adjourn the meeting. Motion carried. (9:40 P.M.) Minutes recorded on Reel #77-16. MAYOR PRO TEM CITY CLERK 0 0 INFORMAL COUNCIL DISCUSSION MAY 9, 1977 1:00 P.M. INFORMAL COUNCIL DISCUSSION: May 9, 1977, 1:00 P.M., in the Conference Room at the Civic Center. COUNCILMEMBERS PRESENT: Neuhauser, Foster, Balmer, Selzer, Vevera, deProsse. ABSENT: Perret. STAFFMEMBERS PRESENT: Berlin, Stolfus, Schreiber. Mayor Neuhauser explained the International Program sponsored by the University School of Social Work. Gary Lowe introduced the participants from 5 foreign countries who will be working in Iowa this summer. EXECUTIVE SESSION It was moved by deProsse and seconded by Balmer to adjourn to executive session to discuss appointments to the Resources Conservation Commission. Affirmative roll call vote unanimous, 6/0, Perret absent. 1:10 P.M. It was moved by deProsse and seconded by Balmer to adjourn to informal session, affirmative vote unanimous, 6/0, Perret absent, 1:30 P.M. AGENDA As Councilman Selzer will not be present at the May 11th meeting, the Resolution for urban renewal amendments will be scheduled on May 24th. City Clerk Abbie Stolfus pointed out a correction to the Informal Minutes of April 26th on the 6th page. Item 13 funding does not include the Schlaegel Tract, which is included in FY 77 budget. City Manager Neal Berlin advised that regarding the agreement with Veenstra & Kimm in Item p16, these items had not been included in the original contract. He noted that he would check out parking regulations when FAUS funds are used. COUNCIL BUSINESS Council discussed the Public Works Director's memo on the workload in the Traffic Engineering Department. Several agreed that the Capital Improvements have a high priority. A procedure to handle and keep track of the day-to-day complaints was discussed. The City Manager pointed out that citizens are reluctant to discuss their requests with secretary or a draftsman. There had been a request for additional employees, but it was denied because of the fluctuation of the wor0 oad. But if this problem continues, he would suggest hiring consulting engineers instead of adding permanent staff. It was noted that very few streets have the capacity for parking on both sides, for example, on Yewell, there would be no way a fire truck could get thru. • armal Discussion May 9, 1977 Page 2 The City Manager was complimented on his letter to McLaughlin, and Julie Vann was complimented on her memo regarding the NAHRO annual meeting. City Manager Berlin explained why and how the vehicles would be purchased for use in the housing inspection and rehabilitation programs. He asked if Council approved of the draft for the application for Boards and Commissions. There were no objections. The Clerk asked if the names could be dropped from the lists after a one-year period. Councilmembers agreed. The latest draft of the sewer contract for the University was sent to University officials about a week ago. The City Manager explained that the engineering department will be contacting all the property owners on Scott Boulevard this summer and discussing obtaining of the right-of-way; if this is not possible, the City will seek appraisals this fall. The cost/benefit of the assessment for the tree removal on Lee property was discussed. This was a complaint, and eliminated a hazard, and also sets an example. The funding to extend the Kucharzak contract will come from HCDA. Council discussed future funding for the programs and possibility that some programs will be eliminated. If Iowa City is a discretionary city, the Committee on Community Needs will have a new thrust. There will be funds for some programs for the next two years, and the City can apply for hold -harmless funds as well as discretionary funds. Council Vevera pointed out that Council had received letters from special interest groups disagreeing with the consultant's recommendation for the Dubuque Transit Mall. He advised he could not go along with the construc- tion of the street unless it is designed so that it could be opened up to traffic in the future. Concern was expressed about the time needed to complete .the Human Services Study. Councilman Balmer thought that it should be more action oriented, if it can. The City Manager pointed out that not until this year was there a Social Services Budget, as such. DESIGN REVIEW ORDINANCE Chairman Bruce Haupert and several members of the committee were present to discuss the provisions of the skeleton outline of an ordinance, as presented. He commented that nothing in the new ordinance resembles the original resolution. Basically it establishes powers, establishes criteria, in a broad sense, on which applications will be based, and sets up a procedure that applicants should follow so that the Committee can do a better job of reviewing the applications. This ordinance is drawn with the idea that the Design Review Committee has the power to deny a building permit. He did not think that it would have the effect of discouraging potential developers. This ordinance would add another procedure for developers. Haupert asked the Council to decide if the benefits tD be derived from an ordinance Giving any degree of review is worth the additional layer of bureaucracy. The extension of the scope of their jurisdiction, which would then cover all the CBD and all commercial and industrial zones within the City was discussed. The City Manager commented that he was sympathetic as it relates to procedural matters. but was very much opposed to extension of the authority to the entire city. The appeal procedure and the need for eleven copies of the applica- tion were discussed. Haupert suggested publicizing the criteria against • Ir•mal Discussion May 9, 1977 Page 3 which applications would be judged. Council discussed whether or not to be more specific about the criteria. Brian Gutheinz commented that the more specific you get about the criteria, the more you do become a designer. An urban design section in the Comprehensive Plan might be an answer to the problem. It was noted that in our zoning and building codes, general criteria are set up for health, safety and welfare. The City Manager stated that the question was, "Should the Design Review be advisory to Council or have ultimate authority with appeal?" The Staff did not want Council to extend another major regulatory ordinance outside the urban renewal area. It was the consensus of Council that the Design Review Committee be advisory and that the controls not extend beyond the CBD. Staff will work with Design Review on procedure and on an ordinance. URBAN RENEWAL LAND DISPOSITION Staffinembers Kraft, Glaves, Chapman and Sheets were present for the discussion. Scott MacDonald from Zuchelli offices led the discussion. Several issues were outlined and taken up as follows: (1) Draft Disposition Document. A preliminary draft of solicitation material. Staff is going to play up opportunities for developers in Iowa City, and emphasize business aspects of development. MacDonald explained the land use and restrictions for each parcel named in the Table 4-1. For Parcel 64/1, Council considered the reasoning for the use of the word, 'motel', and for the minimum number of rooms. The decision was that the optimum number of rooms is 150, and 80 rooms is minimal, and Council would prefer at the minimum, demonstration of some expansion capability. A developer will have a plan which recognizes the parking structure. Regarding Parcel 65/2, Corner of Dubuque and Washington, if it is used for housing, there will be no parking as it is north of Burlington. Parcel 81/la is the College Block Building. It has to be offered for restoration under federal regulations. 82/lb is to be compatible with adjacent building. Block 83/84 - Council discussed the height limitations. The Univer- sity could purchase air rights over the parking. Council decided to add to the table as a restriction, some general language that the pedestrian flow be integrated with the surrounding retail north of Washington. Some of the items in Table 4-1 came from conversa- tions with the Nalprin firm, who also did the costing for the public improvements and who coordinated with Zuchelli on the parking requirements, and assisted on the 'massing'. The City Manager noted a Council consensus that the overall height of buildings generally would be consistent with buildings in the area. For 93/1 and 101/2, Council discussed specifying an optimum number. Glaves recommended riot specifying the number. 93/2, Glaves r_lerified the land use as any allowed by the zoning ordinance and in the body of the urban renewal plan. There were no questions about parcels loll), 102/1, 102/3&4, and 103/3. 1, • 6ormal Discussion May 9, 1977 Page 4 (2) Proposal Packet Content. In the draft document, page 2 of Chapter VI. The need for the good faith deposit was mentioned, and the statement was made that formal architectural renderings will not be required. The last paragraph on that page has been deleted. There were no objections from Council to minimize the plan material on the first go -around. Other information requested will include information on intentions, along with financial capability, and previous experience or projects. (3) Evaluation. The key to the evaluation process is that when someone submits a proposal to the City, that the City be able to respond fairly quickly. Submissions by developers are reviewed by Staff and City Manager, and if some are clearly out of order and inconsistent with the guidelines laid down, the Staff has the right to exclude them from consideration. Those developers who are kept in the process will be invited to make an oral presentation to the Council and staff. There would be a recommendation by Staff with final decision by Council, as to who got the parcel, or further consideration if Council was dissatisfied with all, or outright rejection of all proposals. Following that there would be negotiation and agreement on land disposition. At a later date, there would be plans submitted to Council for design review. From the time the proposals are submitted to the time Council makes the decisions should be 30 days. The staff can describe to Council why they are excluding certain proposals. (4) Evaluation Criteria. As listed on the third page from the back of the draft document, the Development Plan will not be an architectural rendering, but in general terms, what they want to do. In this division, Item E was deleted because it could not be defined. Item F should include, 'and Terms'. (5) Special Items. a. Method of Payment - When the land is transferred to private ownership, that they pay in full what the price is. If someone comes with an alternative, it will be looked at, but the preference is for cash over promises. b. Conditional Bids - The staff would like to offer the small parcels south of Burlington; 102/1, 102/2, 93/2, and 93/3 independently, as they have generated a lot of interest. There were no Council objections. After considerable discus- sion, the City Manager suggested that the exact language regarding conditional bids be sent to Council in Friday's packet. On Block 64, the Staff recommends a special condition, that there can he deferred payment, since Cnurrcil will not release that Block for development. Council discussed leaving the door open for construction of a hotel which can accommodate the parking, if the possibility arises. • A mal Discussion , 1977 Page 5 (6) Local Preference. Attorney Hayek commented that preference could not be given to local Iowa. City bidders. (7) Residential Encouragement. Staff recommended that above key parcels that residential develop- ment above the 1st floor be allowed but not required. Council had asked that the work 'prefer' be used. EXECUTIVE SESSION It was moved by deProsse and seconded by Selzer to adjourn to executive session to discuss land prices for urban renewal parcels, University Heights Services Contract litigation and negotiations on Fire Department contract. Affirmative roll call vote was unanimous, 6/0, ting.Perreabsent. Meeting adjourned, 4:55 P. M. Mayor Neuhuaser left the meeting. Mayor Pro tem er toeadjournPremotion�carrried unanilmously, 5:30oved by eP.seconded by MFos The minutes of this meeting are recorded on Reel N 15. INFORMAL COUNCIL DISCUSSION MAY 23, 1977 1:00 P.M. INFORMAL COUNCIL DISCUSSION: May 23, 1977, 1:00 P.M., in the Conference Room at the Civic Center. Mayor Neuhauser presiding. COUNCILMEMBERS PRESENT: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. STAFFMEMBERS PRESENT: Dietz, Schmeiser, Berlin, Schreiber, Kraft, Hauber, Brei, Plastino, Glaves, Showalter, Sheets. ZONING APPLICATIONS Senior Planner Don Schmeiser was present for discussion of the following items: Sycamore Bluff - Although this involves only one lot, it constitutes a s ub-division by definition. It was determined that the septic tank located on the property would not cause infiltration into the river. Ma leleaf Office Park - The developer has complied with the Storm Water Management y on-site storage and Tree Ordinances and other contin- gencies, Council discussed access to and from site through existing drive off Lower Muscatine. I Vogel kezoning - This proposed development will become a non -conforming use. Twelve units will be added to the existing apartment building on the north side. Conwa's Subdivision - Since there's an obligation by the City to construct eet o extra paving on Foster Road, as it is a collector street, it was suggested a trade be negotiated with the developer - vacation of Virginia Drive for 8 -foot right-of-way. Council discussed the sewer capacity in this area with City Engineer Dietz. Due to the fact that the Dubuque/Kimball Lift Station is at capacity, Council - members were reluctant to approve this subdivision since it would increase the sewage by 4% from that area. Frantz Subdivision -Mt. Prospect - Because of the necessity to comply with t etor�Management Ordinance, this development has been taking a considerable length of time to finalize. City Manager Berlin reported on discussion with the developer and Shive-Hattery. Ty'n Cae - The Parks and Recreation Commission had agreed to explore trade of a piece of public land for private property from Ty'n Cae for Storm Water Management use by the developer. It was the Council's consensus to have the Legal Department determine if this could be done legally. • Anal Meeting May 23, 1977 Page 2 CEMETERY FEES Cemetery Superintendent Billie Hauber presented and explained a worksheet containing 3 proposals for fees and also showing available spaces for sale at the cemetery. Vevera expressed concern for elderly people living on fixed incomes. The majority of the Council wished to set the new fees at the 3rd proposal (see worksheet). Fees will be reviewed every two years. RALSTON CREEK STORM WATER PROJECTS Public Works Director Dick Plastino discussed the six projects improve- ments which included: Johnson Street retaining wall, Happy Hollow detention site, IA -IL detention site, and 3 sewer outlets on Benton, Van Buren, and Iowa Ave. The total estimate cost is $107,000 which includes all but land acquisition. The proposed completion date will be approximately September, 1977; and on these projects, the City is procedurally correct on environmental processes. The possibility of a street connecting 7th Avenue with Sycamore was brought up. C.D.B. SANITARY AND STORM SEWERS ($80,000) City Engineer Eugene Dietz presented the plans to completely replace all the sewer pipes in the Central Business District. If the pipes connecting individual businesses are not inserviceable condition, the City will replace them... Council came to the consensus that the water lines should also be replaced at the same time. The placement of sewers and water systems were discussed in relation to the College/Dubuque focal point and leaving open the options available for a focal point. City Manager Berlin pointed out that Council's decision to create an 8 inch street base, 24 feet wide, had already limited the options on the nature and location of focal point. The staff has been working according to Council's previous decisions, and Public Works will proceed on this basis. HOUSE MOVING After explanation of problems, by the consensus to consider an amendment to to allow a waiver of width limitations ASPHALT OVERLAY AND STREET SEALING City Manager, Council came to the the Ordinance governing housemoving in special cases. Public Works Director Plastino presented recommendations concerning street improvements but indicated Council had the option to interchange projects with the monies available. He stated chip seal was being proposed for quiet, residential streets and slurry for the busier streets and explained the processes by which each is done. Improvements on Madison Street are being delayed until the East-West Trunk Sewer Corridor has been constructed along it. The reason Gilbert Street is scheduled for an overlay is due to its rough surface, rather than to make it a part of the Area Transportation Study as a connector to North Dubuque. ■ • Inekal Meeting May 23, 19)) Page 3 An overlay project for the alley behind the Press -Citizen would have to be assessed to property owners. It was suggested to hold off the cosmetic overlay on North Dubuque and Linn until the down town area has been developed. Council discussed the difference in cost and advantages and disadvantages between the various techniques. Tile majority of the Council came to the consensus to use chip seal o n all streets rather than slurry seal. The Public Works staff will look at priorities of need concerning other streets and report back to Council. MORMON TREK BOULEVARD Regarding the improvement of Mormon Trek, 4 feet of the sidewalk/bicycle path will be constructed now; and as future deve 7 opments appear, they will be required to put in the additional 4 feet- Dietz mentioned since this street is a major collector, it would be desirable to obtain a large right-of-way. Although Councilmembers as ked to have this project completed before football season, it will proba b s y be impossible. Council recessed at 3:10 P.M. for break. LINDQUIST CENTER PHASE II Dick Gibson introduced Howard Jones, Dean of Col 7 ege of Education; Jim Lindbery, Geography Department; Al Henken, Assistant Dean from College of Education; and Ken Weerts, Architect from firm of Skidmore, Owings, and Merrill. Gibson explained the process by wh i ch the plans for Lind- quist II were derived. He discussed the design Framework and building program. In considering the development of the -Five possible site areas, the University took into consideration traffic circulation; bicycles; pedestrian and transit destination; par -king issues and general campus planning issues. He presented a handout which visualized the site, and outlined six points keyed to it. He rioted that in the future buildings could be built along the entire north part of the two block area extending from Capitol to Front Street, The University would like to have portions of Capitol and College closed for pedestrians and Madison Street to be utilized by the buses. Gibson explained that they tried to locate the 3 major areas pf open green space in areas of interest. He discussed.the possiblity of constructing internal, climatized links between buildings at the 2nd floor level, otherwise known as skyways, or even buildings, and their plans to limit vehicular access to these buildings. Mr. Weertz discussed and presented a scale model of the structure and indicated the materials and design to be used were essentially the same as used in Lindquist Center I. He further stated the height of the building was held down, and parking and access would be off Burlington. Future expansion, if made, would be made toward Capitol and College Streets. They are studying ways to minimize use .of the traffic entrance on Burlington because of the problems pointed out by City Staff. Gibson outlined their proposed time schedule and noted risks of phased construc- tion. Council favored approval of the Lindquist -Center plans contingent on a waiver of a 20 foot setback off Madison Street at tomorrow night's meeting. Armal Meeting May 23, 1977 Page 4 URBAN RENEWAL City Manager Berlin indicated there will be an amendment to the proposed Resolution closing streets stating that College and Dubuque Streets will be restricted to use y pedestrians and necessary delivery and emergency vehicles. Selzer requested the phrase 'Delivery vehicles will be permitted to cross Dubuque Street at the alley between Washington and College Streets' be added to the amendment. Council discussed strategy for disposition of parcels. Urban Redevelopment Coordinator Paul Glaves stated someone has expressed genuine interest concerning each of the parcels to be marketed. He proceeded to explain final clustering recommendations from Zuchelli. Selzer asked that the provision which begins, 'Provided for publicly owned off-street parking...' be changed by deleting the phrase, '1600 to 2000 cars' and adding in its place the phrase, '1300 to 2000 cars.' There were no objections. Council discussed the subsurface of the mall streets, and the majority wished not to use Dubuque as a transit mall. WASTE WATER TREATMENT PLANT City Engineer Dietz presented information concerning scheduled site for the Waste Water Treatment Plant. He indicated the City's permit to discharge in the river will expire in 1979 and that the City is in the process of obtaining Federal funds from the State to upgrade our system. If everything progresses as planned in the three phases, construction may be started in a little over a year. The Public Works Department got a late start on the project due to lack of rain. The schedule is tight due to deadlines; and although E.P.A. & D.E.Q. have indicated in con- versations with Dietz to disregard the target date, they will not confirm this fact in writing. Dietz further indicated plans are being prepared to obtain funding for projects to upgrade other areas such as contributary sewers to corridor sewers so that when monies become available they may be submitted to D.E.Q. He presented a map designating the alternative sites for the new plant, which are along Sand Road between 2 miles south and 5 miles south along the Iowa River. To be federally funded, the project must be cost effective. The northernmost site would be most cost effective. HEATING & COOLING SYSTEM AT CIVIC CENTER City Manager Berlin stated staff will proceed with the recommendations previously given to improve the system using Revenue Sharing funds unless otherwise directed. Several Councilmembers were in favor of including the option of adding a heat pump and solar equipment in the future. It was the consensus of Council, upon recommendation of Perret, to refer the recommendations for improvement of the system to the Resources C:nservation Commission for a report back to Council after their next meeting. M.B.O. HANDBOOKS Administrative Assistant Linda Schreiber led the discussion of the handbook entitled, "Self Evaluation of Governing Body." She introduced Rob Polasky, who is working for National Association of Counties and • • lnemal Meeting May 23, 1977 Page 5 with 1.C.M.A. She also mentioned that it would have been beneficial to use this book in the beginning of the program. Several Councilmembers commented they liked the handbook but felt Council were already doing most of the.suggested items. Schreiber• summarized comments from staff concerning evaluation of Council, which Council discussed. Council agreed it would be advantageous to have a retreat prior to budget time with Clayton Ringgenberg as facilitator. AGREEMENT WITH TY'N CAE Public Works Director Dick Plastino explained the terms of the proposed agreement concerning storage of stormwater. Council approved of the contract provided the developer would develop erosion control. Moved by deProsse, seconded by Perret, to adjourn to executive session v to discuss property acquisition. Affirmative roll call vote unanimous, all Councilmembers present. (5:05 P.M.) The minutes of this meeting are recorded on Reel N77-17.