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Home My WebLink About1977-08-16 Agendar IOWA C I'IY CI'I)' COUNCIL AGINUA 0 REGULAR COUNCIL NfEGP1NG OF AUGUST 16, 1977 7:30 P.M. COUNCIL CINMRI?RS, CIVIC CbNFI'IiR 410 EAST IVA.SIIINGI'ON _-jam 3y31- 3k76 - s I> 0 0 AGENDA iNl )A RIiUHAR COUNCII, Mlil'I'ING AIICIIS'I' 10, 1977 7:30 P.M. I tcm No. I Mlil"I'IN(; '11) 01MUZ ROLL CALL Item No. 2 PUBLIC UIS(IJSSION i Item No. 3 CONSIDER AIJOP7'ION OP 'I111: CONSIM' CALHNDAR AS 1I SEWED OR MffiMJED. �I (2) Resolution Approving Class B Beer Permit application for Daryl Woodson and Douglas Ilendriks dba/'Ibe Sanctuary Restaurant, 405 S. Gilbert.� (new partnership) Poulsew 4�,6��- b a Res Y3O r I, i a. Approval of official actions of the regular Council meeting of August 2, 1977, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions: '+. (1) Comprehensive Plan Coordinating Committee meeting of July 28, 1977, (2) Comprehensive Plan Coordinating Committee meeting of July 30, 1977. (3) Housing Commission meeting of July 14, 1977. (4) Human Rights Commission meeting of July 25, 1977. (5) Planning f, Zoning Comnission meeting of August 4, 1977. C. Permit Resolutions, as Recommended by the City Clerk. 31 (1) Resolution Approving Class B Beer Permit application for Fridays Corp. dba/T.G.I. Friday's, 11 S. Dubuque. (new change of ownership). �I (2) Resolution Approving Class B Beer Permit application for Daryl Woodson and Douglas Ilendriks dba/'Ibe Sanctuary Restaurant, 405 S. Gilbert.� (new partnership) Poulsew 4�,6��- b a Res Y3O r I, i Agenda • Regular Council Meeting August 16, 1977 7:30 P.M. Page '2 3c. (.3) Resolution Approving Class R BC(N• Sraulay Sales I'onnit application for Daryl Woodson :md Ucuglas llcadriks dba/ lbe Sanctuary Restaurant, 40S S. Gilbert. (new partnership) 3/ 6 31 5"'1 -319-1 V3 �t? (4) Resolution Approving Class C Beer Permit application for Hy -Vee Food Store 92, 310 N. 1st Ave. (renewal). (5) Resolution Approving Class C Beer Sunday Sales Permit application for Ily-Vee Food Store N2, 310 N. 1st Ave. (renewal) (6) Resolution Approving Class C Beer Sunday Sales Permit application for Walgreens, 1646 Sycamore St. (new) (7) Resolution Approving Class C Liquor License application for Robt. Jeter dba/Plamor Bowling, Inc., 1555 1st Ave. (renewal) (8) Resolution Approving Class C Liquor Sunday Sales License application for Robt. Jcter dba/Plamor Bowling, Inc., 1.555 1st Ave. (renewal) (9) Resolution Approving Class C Liquor License application for William L.C. Fawx-Burhans dba/Bull Market, Inc., 325 iV�tshington. (renewal) -C�N� 1 d.3� ing Public sti�G,wG�u: �w�iK,�r4� r `r.' •,I 'i �4 — ;!„ (1) Consider setting a public hearing on September 20, 1977, on the State Transit Assistance Program. Comment: It is required by State Law that a Public Rearing be held to discuss the City's application for a grant under the State Transit Assistance Program. ) ��c'.—vtia�a.toaQ-(J.o. a.eo — 3o C. Eofresdcnce: (1) Letter from Richard L. Stevens, President, Where One or More Gather, Inc., regarding the leasing of temporary units on Clinton Street Mall. ]liis letter has been referred to the City Manager for reply. (2) Letter from Della A. Grizel concerning sidewalk repair. This letter has been referred to the City Manager for reply. END OF ONSbVl' CALLiNUAR Agenda Regular Council Meeting August IG, 1977 7:30 P.M. Page 3 Item No. 4 RIUMNIMDATIONS OF IntARD,S AND CIhIMISSIONS: (al Consider ITCUIIGIIpndalllins Irom the Planning and Zoning Coin i ss i on: (1) That the City Council approve A-7701, application submitted by Barker and Barker Develolnnent Company to annex a 2.7 -acre tract of land located west of Highway I and Dane's Dairy and contiguous to the south City limits. Continent: 'file Planning and Zoning Cotmnission at a regular meeting held on August 4, 1977, recommended by a 5-0 vote approval of this annexation request. This recomnendation is consistent with the Staff's recommendation presented in a Staff Report dated August 4, 1977, which is attached to this agenda. The City Council is required by Ordinance to consider a resolution for annexation of an area at the time of the public hearing in consideration of a rezoning request for the area. Therefore, this item will be presented to the City Council for consideration at the time of the public hearing for the following item. tt*�a*tt*�:**�x**t*t**•r.�:�:�**�r.**e*�:r.t**�t**x*******�*****x****�:�:s**�t*tt.�:*r.�:�: (2) That the area described in Z-7704 (a 2.7 -acre tract of land located west of Highway I and (lane's Dairy and contiguous to the south City limits) be zoned CII. Action: Comment: Consider setting a public hearing on September G, 1977, to rezone a tract of land to a (;If Zone. Z-7704 The Planning and Zoning Connmission at a regular meeting held on August 4, 1977, recommended by a 3-2 vote approval of an application to rezoncha 2.7 -acre tract of land located west of Highway 1 and Rune's Dairy and contiguous to the south City limits to a CII Zone. 'Ibis recommendation is not consistent with the Staff's recommendation (sec Staff Report for above item) which is reflected in the two negative votes by the Comm] ss I ofd ^ (3) That the City Council approve 5-7733, application submitted by Business Development, Inc. a preliminary plat of a 112.5 -acre tract of land located north oflleinz Road and west of Scott Boulevard, with die following igaivers and contingencies: (a) that requirements for sidewalks be waived; (b) that an agreement be submitted indicating that no development of Lot 5 shall be permitted until such 0 Agenda Regular Council Meeting August 16, 1977 7:30 P.M. Page 4 time as either a resubdivision or an LSNItO plan has been snblll I t ted for Lot Fi; and (c) that a waiver be granted in the installation of the puhlic improvements for Lot 5 at this time. Continent: ']lie Planning and Zoning Commission at a regular meeting held on August 4, 1977, recommended by a 5-0 voto approval. of the subdivision subject to approval of the waivers and resolution of the contingencies noted above. 'Ibis recommendation is consistent with the Staff's recom- mendation presented in a Staff Report dated August 4, 1977, which is attached to this agenda. Pending resolution of the contingencies noted, this item will be presented to the City Council for consideration at the next regular meeting. (4) 'That the City Council approve S-7738, the final plat of Valley View of River Heights, Second Addition, subject to compliance of the following deficiencies and discrepancies: (a) the legal description of the subdivision should be referenced to a section corner; (b) signatures of the registered land surveyor and of the utility companies should be provided; and (c) correction of a discrepancy with the legal description in the distance of the north lot: line of Lot Il. Comment: 'Ibis item was acted upon by the City Council at the previous Council meeting. I tem No. 5 ANNOUNCIMliNI' 01: VACANCus: (a) Committee on Community Needs (1) 'Ibroo vacancies for two-year terms ending October 1, 1979. (2) One vaca.ncy for an unexpired term ending March 1, 1979. (3) One vacancy for an unexpired term ending March 1, 1978. (4) One vacancy for an unexpired term ending .July I, 1978. (b) Board of Electrical Examiners and Appeals (1) One vacancy for a licensed (active) electrical contractor for a four-year tern ending October 26, 1981. Comment: These appointments will be made at the September 20, 1977, meeting of the City Council. ///�///J " (/ I,�l llY �llil2 � tva 6w� ,Agenda Regular Council Meeting August 16, 1977 7:30 P.M. Page S Itom No. 6 CITY COUNCII, AI11`01NIMI:NI:S: Action Item No. 7 n. Consider :In appoint:mcnt to the Ilunlan Rights Commission for an unexpired min ending ,Calvary 1, 1960. C I'IY U NC I I, INFORMATION r e. b. City Attorney Item No. 9 1IVIUIT FROM '1111: CITY CLERK a. Motion accepting Certificate of Sufficiency by City Clerk regarding valid signatures for initiative ordinance entitled, "AN 01I1)1NANCE 'R) IMPI,I311.N1' 1111. IURPOSI:S OF '1111 MINI?tJM HOUSING 51-ANDAIZIIS, 'IT) CLARIFY RIGIII:S AND OBLIGATIONS OF 1AM)I.ORDS AND v RI:Ii)If1' ON I'I'Ih1.S FROM 1111: c:i1Y MANAGER AND CITY ATIURNEv. L' .',fie d it. .City Manager b. City Attorney Item No. 9 1IVIUIT FROM '1111: CITY CLERK a. Motion accepting Certificate of Sufficiency by City Clerk regarding valid signatures for initiative ordinance entitled, "AN 01I1)1NANCE 'R) IMPI,I311.N1' 1111. IURPOSI:S OF '1111 MINI?tJM HOUSING 51-ANDAIZIIS, 'IT) CLARIFY RIGIII:S AND OBLIGATIONS OF 1AM)I.ORDS AND >,�-'--� �.. _ _. r „. .. _.� � � ,� ' �, •: V� , .. _ _ _ '`Y� -_ a `'�/J , -. �.. /. ,.� r ., /� � i p rr- t. ��r/ � (% / i t ITS_\ 1�.. �� .__. .(-�_... rL �'1. Cl�i' ��C!-'J:J�.J \.�,. � l r-�s�-L,�t P. C'. l.^A'i r �.: / J � / •- �f /. /� n= ,. F -IL -71 lIr kelt 0 0 agenda Rcgul,ar Council Mecting August 16, 1977 7:30 P.M. Page 6 Action: Item No. 10 I: Conmlent IAction TETS AND TO INCOUIL\(;I: 'llil;`I '10 IMPROVE 1IIE QUALITY 01; HOUSING, TO PROVIDE '1'I:NAN'I:S WITH SEUMI'lY 01: TENURE AND TO PROTECT •1111]N FROM RETALIKPION, AND 'II) PRO'l-ECT 'lliMWS AND O'IIMM PROM DIS- CRIMINA'T'ION IN WISING TRANSACTIONS." Comment.: Petitioners submitted .354.3 signatures, and from these 2617 were determined to ho registered voters. Section 7.03 of the City Cliartcr requires signatures of not less than 2,500 qualified voters. The City Attorney is preparing a report for the Council on the legal ramifications of the ordinance and the Director of (lousing I, Inspection Services is preparing a report on the admin- istrative and financial implications if adopted. '!he ordinance will appear on the agenda for Council consideration as soon as these reports are received and copies of the ordinance are prepared. CONSIDER AN ORDINANCE T'0 REPEAL 'I11E ELECTION PROCEDURE'S IN ARTICLE III OF 'IIIF. IMIE RUTA: CIIARTE12 FOR '11111 CITY 01' 1011\ CITY IN ORDER TO ELIMINATE INCONSISTEINCIES BGIVIIEN ARTICLE 111 Of TIIE IMME RULE CHARTER AND CHAPTER 376, CITY ELECTIONS OF 1111: 1977 IOWA CODE (second consideration). N• Chapter 376, City Elections of the 1977 Iowa Code, providos detailed procedures for municipal elections. '(here are inconsistencies between the Charter and the Iowa Code, regarding the time of filing petitions, the percentage of signatures required, and certain definitions. Section 364.6 states: "A city shall substantially comply with a procedure established by a state law for exercising a city pacer. If a procedure is not established by state law, a city may determine its own procedure For exercising the power." In Chapter 376, the state legislature has established the procedure for city elections; therefore, we may not have inconsistent provisions in our Charter. It seems preferable to eliminate Article 111 of the Charter rather than to amend it to be consistent with Chapter 376 of the Iowa Code because the legislature may make frequent amendments. The City Attorney, City Clerk and City Manager recommend this change. gar 71e) Item No. 11 CONSIDER AN ORDINANCE VACATING A PART Of: PERSON AVENUE IN BLACK'S PARK AMf'I'ION, IOWA CITY, 101VA, BF-111HEN '1111: NORIII RIGIft'-OF-WAY LINK 01: PARK ROAD AND '1111: SW1711 RiG1rr-OF-WAY LINE 01' GOULD 911RI:IT (second consideration). Comment: 'Ibis ordinance will vacate a portion of Porson Avenue in Black's Park Addition to the City. Mr. Richard 'fucker, a local attorney, now has in his possession, and will present to the City, the waiver agreements 0 0 J 1 0 0 Agenda • Regular• Council Mecting August 16, 1977 7:30 P.M. Page 7 referred to in Section 2 of the proposed ordinance. More specifics of this matter are to be found in a memo from Bob Bowl.in to Neal Berlin, which memo is attached to the ordinance distributed in the August 2 agenda packet. A public hearing on this vacation was held August 3, 1976. } Action: Item No. 12 CONSIDER AN ORDINANCE MENDING '1111: TAXICAB ORDINANCE NO. 77-2844 TO PROVIDE MAT TAXICAB CERTIFKATE HOLDERS WI10 CONMENCBD APPLICATION FOR CERTIFICATE RBNEIVAL BIT -ORE '1111: WTECI'IVE DATE Of ORDINANCE NO. 77-2844 SHAH, Mil: ALLOWED 'Ill RIMM '111GIR CDR'11PICNI'I: UNDER T11E TERMS 01-' '111B �S� b PRIV[OII.S ORDINANCE (first consideration). Conment: The purpose of this Ordinance is to allow applications for taxicab License renewals which were filed prior to the effective date of the new taxicab ordinance, No. 77-2844, to be processed according to the terns of the previous ordinance, but any further action after granting any such renewal shall be governed by the terms of Ordinance No. 77-2844. More specifically, the following provisions of the old ordinance shall apply to the renewal applications: 5.16.2, 5.16.3, 5.16.4, 5.16.8, and 5.16.9, all as codified in the 1971 Municipal Code of Iowa City, Iowa. This amendment will allow the City Clerk to process applications for license renewals already commenced by the procedures and under the substantive terms of the old taxi ordinance. However, once any such license were granted, the provisions of the new ordinance would apply. Action: of (II L!- r. %<fY, c- t. PO. lint Item No. 13 Comment: CONSIDER RI -SOLUTION DIRIiCT1NG ACCEPTANCE 01' WATER BOM) 'I1:NDERS. The passage of this resolution will give City staff the authority to accept tenders on outstanding bonds of the 1961 Series and 1967 Series Water Revenue Bonds. Action: 6 ed) I o 12 1 716 Item No. 14 CONSIDER A RESOLUTION ALMIOR1ZING IIOUS[NG Rll1ABILITKI]ON Gimr BE PROVIDED )� TIIROUGIIOUT THE CDBG PROGRAM AREA. Comment: The (lousing Rehabilitation staff has serviced the pilot areas with the grant program for seven months and has determined that it would be advantageous to expand the program to service the entire CDBG program area. Forty-four applications have been received from elderly residents outside the pilot areas. Those applications can be processed. Background information concerning this matter is attached to the resolution. Action: Item No. 15 ADJOU N?4INF. 7�7�e, 7e�l ILI C. 1. ADD TO THE CONSENT AGENDA Consider motion to set public hearing on proposed taxicab fares and charges for Super Cab, Inc. 8 Yellow -Checker Cab, Inc., Iowa City, Iowa, on August 30th, 7:30 P.M. for City Council's determination of reasonableness. ci t y of Iowa C"Is --WEMORANDUIV DATV August 12, 1977 TO: City Council FROM: City Manager RE: Informal Session Agendas August 15, 1977 Monday 1:15 - 5:00 P.M. 1:15 P.M. - Executive session to consider appointment to Human Rights Commission 1:30 P.M. - Review zoning applications 1:45 P.M. - Review Council agenda 2:00 P.M. - Council time 2:15 P.M. - Discuss Waste Water Treatment Program with consultant (Recreation Center) August 16, 1977 Tuesday ®® FM:® August 23, 1977 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers August 29, C 7:30 P.M. - Regular Council Meeting - Council Chambers 1:30 - 5:00 P.M. August 22, 1977 1:30 - Monday Review 1:30 - 5:00 P.M. 1:45 P.M. - Review 1:30 P.M. - Review zoning applications time 1:45 P.M. - Review Council agenda 2:00 P.M. - Council time 2:15 P.M. - Comprehensive Plan Issues and Alternatives 4:15 P.M. - Discuss Collective Bargaining (Executive Session) ®® FM:® August 23, 1977 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers August 29, C 1977 Monday 1:30 - 5:00 P.M. 1:30 P.M. - Review zoning applications 1:45 P.M. - Review Council agenda 2:00 P.M. - Council time 2:15•P.M. - Discuss Area Transportation Study - Johnson County Regional P1 I ann ng ommission 3:45 P.M. - Discuss storm water management specifications 4:15 P.M, Discuss Risk Management policy Aust 30, 1977 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers 0 September 5 1977 Monday HOLIDAY - No Meeting September 6 1977 Tuesday 7:15 P.M. - Executive Session to consider appointment to Resources Conservation Commission - Conference Room 7:30 P.M. - Regular Council Meeting - Council Chambers Pending List Resource Recovery - Coralville and University of Iowa Housing Maintenance and Occupancy Code Design Review. Committee authority i i