HomeMy WebLinkAbout1977-08-30 AgendaIOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF AUGUST 30, 1977
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
Jr116A 35.2$-j�83
0
0 0
AGENDA
REGULAR COUNCIL MEETING
AUGUST 30, 1977 7:30 P.M.
Item No. 1 MEETING TO ORDER
ROLL CALL c''•'-
Item No. 2 PUBLIC DISCUSSION
'44
!
''s
1,
i
Item No. 3
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED.
(3
a. Approval of official actions of the regular Council meeting of
August 16, 1977, subject to correction, as recommend by the
City Clerk.
i/
rL C
b. Minutes of Boards and Commissions:
a+��I
• 1"VI
(1) Comprehensive Plan Coordinating Committee meeting of
GAG ��
August 11, 1977.
/
(2) Planning and Zoning Commission meeting of August 18, 1977.
C. Permit resolutions, as recommended by City Clerk:
2 3 9
(1) Resolution Approving Class B Liquor Control License application
for Highlander, Inc. dba/The Highlander Inn & Supper Club,
R.R. 2 (new -change of name of applicant).
(2) Resolution Approving Class B Liquor Control Sunday Sales License
application for Highlander, Inc. dba/The Highlander Inn &
Supper Club, R.R. 2 (new - change of name of applicant).
(3) Resolution Approving Class C Liquor Control License application
for I.C.B.B., Ltd. dba/The Brown Bottle, 114 S. Clinton
(renewal).
Ll ?'
(4) Resolution Approving Class C Liquor Control Sunday Sales License
application for I.C.B.B., Ltd, dba/The Brown Bottle, 114 S.
a_
Clinton (renewal).
''s
1,
i
r/ � k
tract S
MOR Y L -
!
Z
ii
-jai In l,i _
>.. c '1'VuGli� ��,,,til'G �• � � :, �Y.� ��,;; i1. � c 2t.�r::J.:
�4 / . h ! r r..
��� LCN�r..v»�.>(P...,r:V �C�.rG.�C� -T�lrl�t.! i.". /c�•' , ,[,,'� - •�/.:.✓ "
�i•lXI.QGiI /,.'r:=� r�,_�..!-1r c7 �, �/7...�t i'I,'r /�k�'r-� .�,�',. .. �� ..��
i
V
a<w�C%.
r�
t.
/
J
t.
/
21I) r�'?
0
0
( 1,�-
7�7)
("ry14/w
n 1� J� •
�' �
•
_ _ l ��' l II J � Y. ice.( ' ...,
� i / ; �.
�.I
-Via( I
3Z
�� ,fvk
i
Agenda • •
Regular Council Meeting
August 30, 1977 7:30 P.M.
Page 2
% J (5) Resolution to Refund Beer Permit to Silver Ball, Ltd. 529
S. Gilbert.
(1) Consider motion to approve disbursements for the period June 1-30,
r' 1977, in the amount of $1,171,228.47, as recommended by the
Finance Director, subject to audit.
e. Correspondence:
(1) Letter from Telford Larew, Larew Company, concerning the
construction of a discotheque above Nemo's store, 223 E.
Washington St. This letter has been referred to the City
Manager for reply.
(2) Letter from Celeste Hoherz regarding the lack of a Civil Defense/
Tornado Siren in the Manville Heights section of Iowa City.
This letter has been referred to the City Manager for reply.
(3) Letter from Valentine Christian, concerning drinking water.
This letter has been referred to the City Manager for reply.
(4) Letter and enclosures from Keith Kafer, Executive Vice
President, Iowa City Chamber of Commerce, regarding a cooperative
advertising program for economic development. This letter
has been referred to the City Manager for reply.
(5) Letter from John Hayek, City Attorney, concerning amending
the Sign Ordinance to allow banners for special events.
(6) Letter and enclosure from C.E. Peterson, Chairman, Airport
Commission, regarding the Airport Master Plan Study.
A414:, 4 -4'J1r5?Atb rAal?' ff/ j /9
ND OF CONSENT CALENDAR
Item No. 4 RECOMMENDATION TO THE CITY COUNCIL:
a. Consider recommendations of the Planning and Zoning Commission:
I
(1) that the Council .approve 5-7726, proposed Pextehsion�"of=.�7tIi'-AvenU'e`d"
,north' -of Rochestew Avehuefas shown in the preliminary plat
of Windsor Heights addition, Part 5.
(6)
Resolution
Approving Cigarette Permits.
a.
f
(7)
Resolution
to Refund Cigarette Permit to Silver Ball, Ltd.
/
o
(8)
Resolution
to Issue Dancing Permit to Marquette Club, Knights
of Columbus
Bldg. Assoc., 328 E. Washington.
(9)
Resolution
to Issue Dancing Permit to Highlander, Inc. dba/The
Highlander
Inn G Supper Club, R.R. 2.
d. Motions:
(1) Consider motion to approve disbursements for the period June 1-30,
r' 1977, in the amount of $1,171,228.47, as recommended by the
Finance Director, subject to audit.
e. Correspondence:
(1) Letter from Telford Larew, Larew Company, concerning the
construction of a discotheque above Nemo's store, 223 E.
Washington St. This letter has been referred to the City
Manager for reply.
(2) Letter from Celeste Hoherz regarding the lack of a Civil Defense/
Tornado Siren in the Manville Heights section of Iowa City.
This letter has been referred to the City Manager for reply.
(3) Letter from Valentine Christian, concerning drinking water.
This letter has been referred to the City Manager for reply.
(4) Letter and enclosures from Keith Kafer, Executive Vice
President, Iowa City Chamber of Commerce, regarding a cooperative
advertising program for economic development. This letter
has been referred to the City Manager for reply.
(5) Letter from John Hayek, City Attorney, concerning amending
the Sign Ordinance to allow banners for special events.
(6) Letter and enclosure from C.E. Peterson, Chairman, Airport
Commission, regarding the Airport Master Plan Study.
A414:, 4 -4'J1r5?Atb rAal?' ff/ j /9
ND OF CONSENT CALENDAR
Item No. 4 RECOMMENDATION TO THE CITY COUNCIL:
a. Consider recommendations of the Planning and Zoning Commission:
I
(1) that the Council .approve 5-7726, proposed Pextehsion�"of=.�7tIi'-AvenU'e`d"
,north' -of Rochestew Avehuefas shown in the preliminary plat
of Windsor Heights addition, Part 5.
,
Agenda •
Regular Council Meeting
August 30, 1977 7:30 P.M.
Page 3
To approve S-7726, preliminary plat of Windsor Heights
addition, Part 5, with the following additional contingencies:
(a) that Plum Grove Inc. submit an agreement dedicating a
50 foot right-of-way for the extension of 7th Avenue
across their property;
(b) that acceptance of the right-of-way is conditioned upon
receipt of an agreement for its construction;
(c) that an agreement be provided by Pat Harding Construction
to the City for the construction of 7th Avenue, or the
cost of construction of 7th Avenue be put in escrow;
(d) that sidewalks are to be installed along both sides of
the proposed extension of 7th Avenue except for that
eastern portion of the 7th Avenue running between
Rochester Avenue and the property of Plum Grove Inc.;
(e) that an agreement be provided by Plum Grove Inc.
respecting the integrity of the stormwater management
basin before approval of the final plat.
Comment: This item was approved by the City Council at the
last Council meeting.
(2) that the Council approve S-7730, preliminary `plat'"oUa`2.7-acres;
tract -of, -land, -located west of Highway:l and Dane's Dairy ?u
and contiguous to the south city limits, with the following
contingencies for approval of the final plat:
(a) that the provisions of the Stormwater Management Ordinance
be met; and
(b) that the developer will submit an agreement not to build
on the 50 x 100 foot triangle in the southwest corner
of Lot 4, that this triangle will not be used to compute
the stormwater detention area for Lot 4, and that the
applicant will not build on Lot 4 for a period of three
years.
Comment: The Planning and Zoning Commission at a regular
meeting held on August 18, 1977, recommended by a 6 to
0 vote approval of the subject plat subject to
the contingencies noted above. This recommendation
is consistent with the staff's recommendation except
for the recommendation that the developer dedicate
a 50 x 100 foot triangle for street purposes in the
southeast corner of Lot 4 of said subdivision. A
staff analysis of the subdivision was presented in
a Staff Report dated August 4, 1977, which was attached
to the Council Agenda of August 16, 1977. This
item will be presented to the City Council for
consideration after adoption of an ordinance to
rezone the area and when the above contingencies and
concerns are resolved.
***************************************************************************
Agenda • •
Regular Council Meeting
August 30, 1977 7:30 P.M.
Page 4
Item No. 6
(3) that the Council approve 5-7737, final'^platTdfPHawkeye Heights;
located west of Mormon Trek Boulevard, north of Mark IV
apartments and approximately 500 feet south of Melrose Avenue.
Comment: The Planning and Zoning Commission at a regular
meeting held on August 18, 1977, recommended by a
6 to 0 vote approval of the subject subdivision.
SC,�i I(✓ULC L
This recommendation is consistent with the staff's
recommendation presented in a Staff Report dated
�..�t.
August 18, 1977, which is attached to this agenda.
The subdivider has requested that the City Council
consider approval of this item at the August 30
Council meeting (see attached.detter). The subdivision
0
"...'PES. it
papers have been submitted and signed and the plat
! 6
APPRoViNG FxNAL is ready for approval f ,
'PIA4 of HNwkeye Hgl's • .F
Item No. 5
CITY COUNCIL INFORMATION: %
Item No. 6
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY J
a. City Manager,
Ren. l../14
./
b. City Attorney
a
cez: f t: -!w /o
SC,�i I(✓ULC L
-6:
�..�t.
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY J
a. City Manager,
Ren. l../14
./
b. City Attorney
a
cez: f t: -!w /o
•
•
i
-
..o
l ' J
.._..__:"G(/ Lr!i. ✓(/irl--/"G(iL.l .:L�i?%rL C;l,� c>..,.' _L,J Ll .i /-_.-i'✓i-!J i _.
.. /'�;(�jl' i�/%„/�,� �, .<�r•(�r
r,>, !
�J� :,.-, : %ice.....
`-� � � `l' .'`�-�
r4 '
V
!•l."_
- ��/ick
, r
l ' J
.._..__:"G(/ Lr!i. ✓(/irl--/"G(iL.l .:L�i?%rL C;l,� c>..,.' _L,J Ll .i /-_.-i'✓i-!J i _.
6
r4 '
6
u
0
;
t
-77
J
��Cv�' - •�iy/•G-i'/ ;�:J �/ fit � _.r�,. �_ ....::_-I ..., � ,< _
0
•
//7 // "0 -?L
Agenda •
Regular Council Meeting
August 30, 1977 7:30 P.M.
Page 5
Item No. 7 HOLD PUBLIC HEARING ON THE PROPOSED TAXICAB FARES AND CHARGES.
Comment: The public hearing is being conducted pursuant to Ordinance No. 77-2844
which states that prior to the establishment or change of any fee or
charge schedule by a taxicab owner or operator, the City Council shall
make a determination as to its reasonableness after conducting a public
hearing on the matter.
Action:
Item No. 8
K4<1S
Comment:
Action:
Item No. 9
CONSIDER AN ORDINANCE TO REPEAL THE ELECTION PROCEDURES IN ARTICLE III
OF THE HOME RULE CHARTER FOR THE CITY OF IOWA CITY IN ORDER TO ELIMINATE
INCONSISTENCIES BETWEEN ARTICLE III OF THE HOME RULE CHARTER AND CHAPTER
376, CITY ELECTIONS OF THE 1977 IOWA CODE (passed and adopted).
Chapter 376, City Elections of the 1977 Iowa Code, provides detailed
procedures for municipal elections. There 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 power. 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 III 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. This item was deferred from the August 23
Co ncil meeting. ,
rtf�l,r�-�, ego. �. //„r•,, r.� ivy/ � � . r.
CONSIDER AN ORDINANCE AMENDING ORDINANCE NO. 76-2807, THE STORM WATER
MANAGEMENT ORDINANCE (first consideration).
Comment: As explained in a memo dated July 29, 1977, attached to the packet,
the wording in the ordinance concerning administration of soil
erosion control is fuzzy. On page two of that memo a new Section IV
is listed. Essentially the ordinance change makes the original
developer responsible for performance of erosion control from the time
span from the start of preliminary grading until sale of lots or land
to a purchaser. After commencement of lot or land sale the actual
owner of the lot is responsible for the erosion control. This approach
has been discussed with the major developers in town and they find this
preferable to making the original developer responsible until occupancy
of a completed structure. The ordinance attached is slightly different
in Section IV A than the July 29 memo in an effort to further clarify
intent.
Action:
;L , C, tri/U
p
L-A
Item No. 11
3� v
Comment:
CONSIDER RESOLUTION APPROVING A PRELIMINARY PLAT OF BDI
S-7737 COMMENTARY:
%/2
Z./ v t.CJ
ADDITION.
The Planning and Zoning Commission at a regular meeting held on August 4,
1977, recommended by a 6 to 0 vote approval of the subject subdivision
located north of Heinz Road and west of Scott Boulevard, with the following
waivers 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 time as either a resubdivision or an
LSNRD plan has been submitted for Lot 5; and
(c) that a waiver be granted in installation of public improvements for
Lot 5 at this time.
This recommendation was consistent with the staff's recommendation presented
in a Staff Report dated August 4, 1977, which was attached to the Council.
Agenda of August 16, 1977. An agreement has been submitted and it is
now the staff's recommendation that the subject subdivision be approved
and that the above two waivers be granted.
0i A >:a'brv.D , -
Item No. 12 CONSIDER RESOLUTION AUTHORIZING
3sl Comment:
Action:
1IDTH PAVING AGREEMENTS.
This resolution would authorize the Mayor and Clerk to execute three
overwidth paving agreements for the following subdivisions (not to exceed
City share as shown).
Court Hill -Scott Blvd., Part 6 $8,500
Court Hill -Scott Blvd., Part 5 6,000
Court Hill -Scott Blvd., Part 3 4,600
These agreements will be handled informally since the City's share in
each case will be less than $10,000. Public Works recommends adoption
of the resolution.
In
• •
Agenda
Regular Council
Meeting
August 30, 1977 7:30 P.M.
Page 6
Item No. 10
CONSIDER AN ORDINANCE TO AMEND ORDINANCES NO. 75-2783 AND NO. 77-2826,
THE IOWA CITY MUNICIPAL ELECTION CAMPAIGN FINANCE ORDINANCE BY REQUIRING
DISCLOSURE OF CONTRIBUTIONS TO AND EXPENDITURES BY A POLITICAL COMMITTEE
FOR THE PURPOSE OF SUPPORTING OR OPPOSING A BALLOT ISSUE AND BY IMPOSING
LIMITATIONS ON THE AMOUNT AN INDIVIDUAL OR COMMITTEE CONTRIBUTES TO A
POLITICAL COMMITTEE FOR THE PURPOSE OF SUPPORTING OR OPPOSING A BALLOT
ISSUE (first consideration).
Comment:
This ordinance is to amend the Iowa City Municipal Election Campaign
Finance Ordinance by extending the requirements for disclosure of
contributions and expenditures to ballot issues and to impose limitations
on the amount an individual or committee may contribute to a political
committee for the purpose of supporting or opposing a ballot issue.
Action:
Item No. 11
3� v
Comment:
CONSIDER RESOLUTION APPROVING A PRELIMINARY PLAT OF BDI
S-7737 COMMENTARY:
%/2
Z./ v t.CJ
ADDITION.
The Planning and Zoning Commission at a regular meeting held on August 4,
1977, recommended by a 6 to 0 vote approval of the subject subdivision
located north of Heinz Road and west of Scott Boulevard, with the following
waivers 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 time as either a resubdivision or an
LSNRD plan has been submitted for Lot 5; and
(c) that a waiver be granted in installation of public improvements for
Lot 5 at this time.
This recommendation was consistent with the staff's recommendation presented
in a Staff Report dated August 4, 1977, which was attached to the Council.
Agenda of August 16, 1977. An agreement has been submitted and it is
now the staff's recommendation that the subject subdivision be approved
and that the above two waivers be granted.
0i A >:a'brv.D , -
Item No. 12 CONSIDER RESOLUTION AUTHORIZING
3sl Comment:
Action:
1IDTH PAVING AGREEMENTS.
This resolution would authorize the Mayor and Clerk to execute three
overwidth paving agreements for the following subdivisions (not to exceed
City share as shown).
Court Hill -Scott Blvd., Part 6 $8,500
Court Hill -Scott Blvd., Part 5 6,000
Court Hill -Scott Blvd., Part 3 4,600
These agreements will be handled informally since the City's share in
each case will be less than $10,000. Public Works recommends adoption
of the resolution.
In
i
�.�_
:�.,.
,:
_ � � - �.- j
0 0
I �(
_ _ �i'✓-p. .y'. lei - �. /'� _ ..
C r ,
I
,r .
0
r
...-�.. C...
1
Agenda •
Regular Council Meeting
August 30, 1977 7:30 P.M.
Page 7
Item No. 13 CONSIDER RESOLUTION ACCEPTING SANITARY SEWER AND PAVING IN ORCHARD COURT
3s"q, SUBDIVISION.
Comment: This resolution would accept sanitary sewer as constructed by Nielsen
Construction Company and paving as constructed by Metro Pavers for the
Orchard Court Subdivision. Public Works recommends adoption of this
resolution.
Action: i =
Item No. 14 CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH VEENSTRA
AND KIMM OF WEST DES MOINES, IOWA, FOR DESIGN SERVICES FOR THE RIVER
CORRIDOR TRUNK SEWER.
Comment: This contract provides for design services with a not -to -exceed sum of
$55,000. Additional work duties include coordination with the
Environmental Protection Agency to see if Federal funding is available.
If Federal funding is not available, the City will utilize the two
million dollar bond authorized by Council. The study also includes a
financing plan. Public Works recommends adoption of this resolution. A
memo from the Director of.Public Works is attached to this agenda.
fJfll
Action: _ z. - —
Ittem� No/. 15
Comment:
Action:
Item No. 16
3S- �
Comment:
CONSIDER A RESOLUTION ESTABLISHING LIABILITY INSURANCE LIM
TO TAXICABS.
JI t.' �Ev;cno)
WITH RESPECT
Ordinance No. 77-2844 (the new taxicab ordinance) requires that each
certificate owner obtain minimum liability insurance for operating a
taxicab service. Said ordinance provided that the minimum limitations
be set by resolution. The limits set forth are similar to those enacted
in other Iowa communities. This item was deferred from the August 23
Council meeting in order that the staff be able to check with other
cities rega ding insurance.
o
CONSIDER A RESOLUTION PROPOSING TO SELL A PART OF FERSON AVENUE IN
BLACK'S PARK ADDITION TO THE CITY OF IOWA CITY ABUTTING OWNERS.
The Council recently vacated the right-of-way for the parcel described
in this ordinance. This resolution is a proposal to sell parcels A -D
to the abutting owners; the resolution actually conveying the parcels
would be considered only after the public hearing. The abutting owners
Agenda
Regular Council Meeting
August 30, 1977 7:30 P.M.
Page 8
had thought they owned these parcels but the purported vacation of this
street in 1941 was invalid. The property was appraised by Russel Mann.
The legal department is working on agreements to protect the water lines
that traverse parcel A, which agreements should be finalized before any
resolutionfinallyconveying the parcels is approved.
Action:
V
Item No, 17 ADJOURNMENT.
461ty of Iowa CHO
MEMORANDUM ._.
DATE: August 26, 1977
TO: City Council
FROM: City Manager
RE: Informal Session Agendas
August 29 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
-Planning-Commission
3:15 P.M. - Discuss storm water management specifications
3:45 P.M. - Discuss waste water treatment plant
August 30 1977 Tuesday
-
7:30 P.M. - Regular Council Meeting - Council Chambers
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
September 12 1977 Monday
1:30 - 4:00 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 transit grant
3:15 P.M. - Discuss Risk Management
September 13, 1977 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
September 14, 1977 Wednesday
3:00 P.M. - Meeting with Clayton Ringgenberg - Highlander
Pending List
Resource Recovery - Coralville and U of I Report from City Attorney
Housing Maintenance and Occupancy Code Community Technology Initiatives Prog.
Design Review Committee Authority Snow Removal Program
Sewage Treatment Plant Site Budget
Hunter memo regarding Industrial Development Master Plan for Airport w/Airport Com.