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HomeMy WebLinkAbout1977-09-06 Agendar 0 CITY COUNCIL IENDA NG OF SEPTEMBER 6, 1977 0 P.M. RS, CIVIC CENTER WASHINGTON # 35s4 -365k • • AGENDA REGULAR COUNCIL MEETING SEPTEMBER 6, 1977 7:30 P.M. Item No. 1 MEETING TO ORDER ROLL CALL A 11 �', 0 Item No. 2 PUBLIC DISCUSSION s i�oX 3 '� i1 i%Gl . - d R'd.TE �? oa`r�. 1 •na i�a•i � %lr r.l I S.rin it i,,, ,."1 All no o-. I, in h�N oCi•I 4 .4, x2/� t / c Y ..LC.- < t (?--.`-.t `lam (.%. i : a ! t- l �/ .Q.L7i •1^r,. 1 v LV MAYOR'S PROCLAMATION i� J)"c. � N a. Union Label Week, September 6-10, 1977. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED a. Approval of Official Actions, regular Council meeting of August 23, 1977, subject to correction, as recommended by City Clerk. b. Minutes of Boards and Commissions: (1) Board of Adjustment meeting of August 10, 1977. (2) Riverfront Commission meeting of August 24, 1977. (3) Library Board of Trustees meeting of July 28, 1977. (4) Library Board of Trustees informal meeting of August 17, 1977. (5) Resources Conservation Commission meeting of July 26, 1977. (6) Resources Conservation Commission meeting of August 9, 1977. C. Permit Resolutions, as recommended by City Clerk: (1) Resolution Approving Class C Beer Permit application for Quik Trip Corp. dba/Quik Trip #503, 123 W. Benton (renewal). (2) Resolution Approving Class C Beer Sunday Sales Permit application for Quik Trip dba/((Quik Trip #503, 123 W. Benton (renewal). C4� Pei. 0last//I • iZj {{ w l �o- Cha 11� , - _.._ - ...\•'l-in_.1, v --i LL - l l..o- "�-- ito ! t..:...C.� .�lE•. cel .. _ _ ._._ -... iL•4.�1,11 o�-.ta. a-r�.i .r�"�r• -d I, G�. C'�r� �., r{ LOG ''�t r• .it kx fy(.....i.l OG G 0 e -c le t J- e-" Q}. 14� 0 I Pe L. I -14 1, `' 12 0 0 L. A.. t: l...l. \� J..0..,;J_.P,: �.. J`l-e-- -' `j L. �. y..-Yi��✓�: � _C _ - 7 ., �_. v1iV 1 CLI �'_ V�1.. ..�1.}.�f,J ( r` �'-i � ..! (_/. L) C.(-•� . ,..c'.... ,fin. �' �.;..� ^%3 - n rJ- � " 7J _. , .�- ,�-� Y1�C4.�-.,..l cLc.o-�.CII-CL'-. , e C C.4.G p �le/.! (L-. C. �•�. /b�- }._e -r..3 n. a �- �.� r��f ../ Ll \l rL t_. , -.. 1, fid �( w, �(i R• .. ..'f On . _/r,yI� .h^4_�,.Lrli. G,[.L,'y c / �(Gc:..1• �.� �<. n• ,'Y's_ •.c. // C 21 v r rr ,_ s. -� Chi+ ��J .� �� r• �� v� _: ,- ,•., � ..- ��� L i _.(.. _ f - , , ,�� w.a 0 ..._-... . .. I ) I ) Agenda Regular Council Meeting September 6, 1977 7:30 P.M. Page 2 (3) Resolution Approving Class C Liquor Control License application 3 J % for Allen Wildebour dba/Robin Hood Room, Mall Shopping Center (Renewal). 360 3�I (4) Resolution Approving Class C Liquor Control License application for B L S Corp. dba/Lazy Leopard Lounge, 122 Wright St. (new application - new owners). (5) Resolution Approving Cigarette Permits. d. Correspondence: (1) Letter from the City Attorney regarding leasing of streets and alleys for commercial purposes in connection with urban renewal. (2) Letter from the City Attorney regarding cutoff date for General Obligation Bond Issue election. (3) Letter from Jerry Cilek commending the City staff for complying with his request. This letter has been referred to the City Manager for reply. (4) Letter from City Attorney regarding Mount Prospect Addition - Part IV. (5) Letter from Ross S. Randall of Waterloo, Iowa, regarding the Old Capitol Criterium bicycle race. This letter has been referred to the City Manager for reply. 7 END OF CONSENT CALENDAR Item No. 5 RECOMMENDATIONS TO THE CITY COUNCIL: a. Consider recommendation of the Resources Conservation Commission that the City Council adopt the Model Code for Energy Conservation in New Building Construction as developed by the Building Officials and Code Administrators International, Inc. (BOCA) with recommended additions to be presented by the Resources Conservation Commission and that the City Council set an early public hearing date and provide for implementation on January 1, 1978. Copies of the Code will be distributed prior to the hearing date. (�c.q Item No. 6 ANNOUNCEMENT OF VACANCIES: a. Housing Commission. One vacancy for an unexpired term ending May 1, 1979. This appointment will be made at the October 11, 1977, Council meeting. _ dna `� � � � . �; . �-- i Agenda • Regular Council Meeting September 6, 1977 7:30 P.M. Page 3 Item No. 7 CITY COUNCIL APPOINTMENTS: a. Consider appointment to the Resources Conservation Commission to fill an unexpired term ending January 1, 1979. Action: 1 r7 .,; 1� J`.n n ny A, r- 1z-.1-.1 1 1 1-) Item No. 8 CITY COUNCIL INFORMATION ,F1- 1 6 u n e .r, C,, — .— /SJR I G CV --i+. f n T-"- %L, I a -J l.rr ,--._ •1 (�?:i[n. ::O ll rr _1 0_14 _ /1 b. City Attorney Lr REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEYlvi". a. City Manager( b. City Attorney Lr ro Pi — ---- - ----- P-17 Yel k I I .r.,/_(. 0 - . I L I 12. 0 I I I IINP I R) V-7. ol V Imo:._..—.; ...... A '• / Q I� �.. �� :O ^(. n.'. ��f a.� .. L�.OrLi .._ O.lin.'.'7_,r r � , -' t cOr. • 1r ' n r � .C:�.� (1%11. /.r A.l�I__-�:1 NrSJ/1 r•- n f_ JJC'.r IINV'�' !� Iwc._.Y y...h'rt(. �i. r( t {'..t• 1 -.% � r 0 _ 1 t i r . �. V J • ..1 r� I.liLL C..� l �r / :• ... .fes..• ,+ � (i .= I i. Agenda • Regular Council Meeting September 6, 1977 7:30 P.M. Page 4 Item No. 10 PUBLIC HEARING TO REZONE A TRACT OF LAND TO A CH ZONE. Z-7704 Comment: The Planning and Zoning Commission at a regular meeting held on August 4, 1977, recommended by a 3-2 vote approval of an application to rezone a 2.7 -acre tract of land located west of Highway 1 and Dane's Dairy and contiguous to the south City limits to a CH Zone. This recommendation is not consistent with the Staff's recommendation presented in a Staff Report dated August 4, 1977, and was furnished with the agenda of August 16, 1977. Action: G-,= ( ) % , CONSIDER RESOLUTION TO ACCEPT THE VOLUNTARY ANNEXATION OF A 2.7 -ACRE � 3 TRACT. A-7701 Comment: The Planning and Zoning Commission at a regular meeting held on August 4, 1977, recommended by a 5-0 vote approval of an application submitted by Barker and Barker Development Company to annex a 2.7 -acre tract of land located west of Highway 1 and Dane's Dairy and contiguous to the south City limits. This recommendation is consistent with the Staff's recommendation presented in a Staff Report attached to the Council agenda of August 16. Action: Item No. 11 Comment Action: The City Council is required by the Zoning Ordinance to consider a resolution for annexation of the area at the time of the public hearing in consideration of the rezoning request to rezone the area. The Legal Staff is checking to see that procedurally this is in conformance with the annexation procedures of Chapter 368 of the Code of Iowa. / l/ /. '_ 1 If I PUBLIC HEARING ON STATE TRANSIT SYSTEM PROGRAM. This public hearing is being held to receive public input on proposed expenditure of a $175,000 State Transit Grant. N rl Item No. 12 CONSIDER AN ORDINANCE AMENDING ORDINANCE NO. 76-2807, THE STORM WATER MANAGEMENT ORDINANCE (second consideration). Comment: As explained in a memo dated July 29, 1977, attached to the packet of August 30, 1977, 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 Agenda • • Regular Council Meeting September 6, 1977 7:30 P.M. Page 5 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. This ordinance is slightly different in Section IV A than than the July 29 memo in an effort to further clarify intent. f` . I V L✓I� � r Action: C.-� �_ �> ;'.�.,,,, 1< Item No. 13 AN AMENDMENT TO THE HOME RULE CHARTER FOR THE CITY OF IOWA CITY, IOWA, BY PROVIDING THAT INITIATIVE OR REFERENDUM PROPOSALS BE HELD AT REGULAR CITY OR GENERAL ELECTIONS WHICH NEXT OCCUR MORE THAN TWENTY-FIVE (25) DAYS AFTER THE EXPIRATION OF THE APPROPRIATE PERIOD FOR CONSIDERATION BY THE CITY COUNCIL AND AMENDING SECTION 7.05(8) THEREOF (second consideration). Comment: This proposed amendment to the home rule charter shortens the period between the expiration of the time period for Council consideration and submission of an initiative or referendum to the voters at the next City or general election. The home rule charter, as it now reads, provides that the proposal be submitted to the voters at a City or general election which occurs more than thirty (30) days after the expiration of the time period wherein the City Council is to consider the ordinance. The ame dment shortens this period to "more than twenty-five (25) days." Action: 41Ll��,!, _'_,z L,_ _�, ,-r, D pr J1a/ �LCla�4� Item No. 14 CONSIDER AN ORDINANCE ADOPTING THE UNIFORM BUILDING CODE EDITED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; TO PROVIDE FOR THE �{ sG PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, of IOWA; TO REPEAL ORDINANCES NO. 2709 and 75-2775, AND TO PROVIDE FOR ITS ENFORCEMENT (first consideration). Comment: This ordinance adopts the 1976 Uniform Building Code. Most of the amendments are the same as in the 1973 ordinance. However, a new uniform appeal procedure has been provided for all the Uniform Codes. (See 5204, Appeals, in this ordinance.) 81307(b) and 51407(b) have been amended to provide a minimum of 80 square feet of floor area, rather than 70 square feet to conform with the Minimum Housing Chapter, Chapter 413, Iowa Code. 51404 Exit Facilities was amended,so that the City can continue to allow a 20" wi a win ow as provided in the 1973 Uniform Building Code. The 1976 Edition requires a 24" width. 93205(a) was amended to prevent the placement of the attic access in closets. A public hearing on this ordinance was held on July 26, 1977. This ordinance has been reviewed and approved by the Board of Appeals. Action: i- 0 Agenda • • Regular Council Meeting September 6, 1977 7:30 P.M. Page 6 Item No. 15 CONSIDER AN ORDINANCE ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1976 EDITION, AS PREPARED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS WITH CERTAIN AMENDMENTS THERETO AND (,� p TO PROVIDE FOR THE ENFORCEMENT THEREOF AND PENALTIES FOR THE VIOLATION THEREOF AND REPEALING ORDINANCE NO. 2712 (first consideration). Comment: Action: The amendments are the same as the 1973 edition. The new uniform appeal procedure has been added in Section IV. A public hearing on this ordinance was held July 26, 1977. This ordinance has been reviewed and approved by the Board of Appeals. Item No. 16 CONSIDER AN ORDINANCE ADOPTING THE 1976 EDITION OF THE UNIFORM FIRE CODE BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND WESTERN FIRE CHIEFS ASSOCIATION; REPEALING ORDINANCE NO. 2711; TO PROVIDE REGULATIONS 6 / GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY AND TO PROVIDE FOR ITS ENFORCEMENT (first consideration). Comment: Sections III through V are the same as the prior ordinance. Section VI reduces the allowable capacity of a portable tank from 600 to 300 gallons and allows the chief to limit the number of tanks if there is a hazard. The Appeals Board is changed from the Board of Adjustment to the Board of Appeals which, it is felt, is more appropriate. The uniform procedure applies to all appeals. A public hearing on this ordinance was held on July 26, 1977. The Fire Chief and Fire Marshal have reviewed and approved this ordinance. Action: Item No. 17 CONSIDER AN ORDINANCE ADOPTING THE 1975 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN ADDITIONS AND AMENDMENTS THERETO; REPEALING CHAPTER 9.20 (� 6 a_ OF THE MUNICIPAL CODE OF IOWA CITY, IOWA, AND ENACTING A NEW CHAPTER IN LIEU THEREOF (first consideration). Comment: The 1975 Electrical Code is being readopted because there is no record of a public hearing at the time of its last adoption. Only the appeal procedure has been changed. There will be a uniform procedure for all appeals. A public hearing on this ordinance was held on July 26, 1977. The Electrical Board has reviewed and approved this ordinance. Action: 'sr c ( Cf A9ehda • S Regular Council Meeting September 6, 1977 7:30 P.M. Page 7 Item No. 18 CONSIDER AN ORDINANCE ADOPTING THE 1976 EDITION OF THE UNIFORM MECHANICAL CODE WITH CERTAIN AMENDMENTS THERETO; REPEALING ORDINANCE NO. 2708, AND 6 3 _ PROVIDING FOR ITS ENFORCEMENT. Comment: The amendments are the same as those for the 1973 Code. The Board of Appeals will consider all appeals under this ordinance. A public hearing on this ordinance was held on July 26, 1977. This ordinance has been reviewed and approved by the Board of Appeals. Action: �—ir• o 3�I m No. 19 Comment: Action: Item No. 20 36S Comment: Action: CONSIDER A RESOLUTION APPROVING THE OFFICIAL FY77 STREET FINANCE REPORT. As required by the State Code, each municipality is to file a financial report for municipal streets and parking with the Iowa Department of Transportation on an annual basis. A report has been prepared and approval is requested for the period beginning July 1, 1976 and ending June 30, 1977. This report must be received by State Officials by September 12, 1977. CONSIDER RESOLUTION AUTHORIZING THE CITY MANAGER TO CONSUMMATE PURCHASE OF REAL PROPERTY KNOWN AS 126 SOUTH GILBERT STREET, IOWA CITY, IOWA. After the Manager was authorized to make an offer for the U Smash Em - I Fix Em property, he did so and the offer was accepted by the owners. This resolution would authorize the Manager to proceed ahead and do everything that is necessary to secure final ownership of the property and prepare to take possession. The purchase price of the property is $100,000. B/=J0Uf2N (� 4 ADDENDUM TO SEPTEMBER 6 COUNCIL AGENDA I% Item No.2 Comment: Action: Item No. -2Z 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 I014A CODE (first consideration). 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. Section 3.01 of Article 1 was rewritten to be consistent with state law. Since Sections 3.02 and 3.03 were deemed not inconsistent with state law, they were retained without change. This item was tabled at the August 30 Council meeting. The attached ordinance includes the revisions noted above.71 �, G1 -2C.. _., v._. �' CL.,f,ai' . 41L. ;tel, CCS / 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 CON- TRIBUTES 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. This item was deferred at the August 30 Council meeting pending a report from Councilor /P�erret. % ) Action: U , v J �c qc /, . , /_<. ,.'%; i ` /"r r !'. P . , tr_. <; E 0 I I i ,777 17 CA � � � i r / � � 1 � ,1 � //