HomeMy WebLinkAbout1977-09-06 Council MinutesI r ----
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MINUTES OF OFFICIAL ACTIONS OF COUNCIL
SEPTEMBER 6, 1977
The cost of publishing the following proceedings
& claims is $ . Cumulative cost for this
calendar year or sai publication is $
Iowa City Council met in executive sess— i— o a
7:15 P.M. an 9/6/77 for discussion of appointment
to the Resources Conserv. Comm., as moved by Perret,
seconded by Foster. Affirmative roll call vote un-
animous, all Councilmembers present. Moved by Foster,
seconded by Perret to adjourn. Motion carried
unanimously, 7:25 P.M.
Regular session, 9/6/77, Civic Center, 7:30 P.M.
Councilmembers present: Balmer, deProsse, Foster,
Perret, Neuhauser, Selzer, Vevera. Mayor Neuhauser
presiding.
Ethan Fox presented a statement conc. rules for
skateboarding and requested designation of a place
to skate. Moved by Perret, seconded by deProsse, to
receive & file the statement. Motion carried unan-
imously. Moved by deProsse, and seconded by Perret,
to refer the letter & related problems with Ord., to
the Parks and Rec. Comm. for recomm. Motion carried
unanimously. Paul Long & Robt. Welsh appeared re
elderly housing. Nancy Stellwagon presented a
petition from area residents, for sidewalk installa-
tion on portions of Davenport St., Pleasant St., and
on Cedar St. Moved by Foster, seconded by Perret, to
receive and file the petition and make it part of
the record. Motion carried. Ms. Pat Passmore ques-
tioned whether or not representatives of H.O.M.H.
would be arrested if they go into mobile home parks
to talk to people about the Mobile Home Bill #448.
Clemens Erdahl appeared on this same issue. City Mgr.
Berlin stated that the Atty. would prepare a written
legal opinion on what the action of the police should
be.
Mayor Neuhauser proclaimed the wk. of 9/6-10/77 as
Union Label Wk. Atty. Hinman, for Don Dukes dba/
Serendipity requested approval of a Class C Liquor
Control License. Moved by Foster, seconded by Selzer,
that the following items and recomm. in the Consent
Calendar be approved and/or adopted as amended:
Approval of Official Actions, reg. Council
mtg., 8/23/77, subj. to correction, as recomm.
by City Clerk.
Minutes of Bds. & Comms.: Bd. of Adjust. -
8/10/77; Riverfront Comm. -8/24/77; Library Bd.
of Trustees -7/28/77 & 8/17/77; Resources Conserv.
Corn. -7/26/77 & 8/9/77.
Permit Res., Res. Bk. 42, as recomm. by
City Clerk: Res. #77-357, p. 725, Approving
Class C Beer Permit application and Res. #77-
358, p. 726, Approving Class C Beer Sunday
Sales Permit application for Quik Trip #503,
123 W. Benton. Res. #77-359, p. 727, Approving
Class C Liquor License application for Robin
Hood Room, Mail Shopping Center. Res. #77-
360, p. 728, Approving Class C Liquor
License application for Lazy Leopard Lounge,
122 Wright St. Res. #77-361, p. 729, Approving
Cigarette Permits. Res. #77-362, p. 730,
17
,
for Serendipity, 1310 Highland Ct.
Correspondence: City Atty. Hayek, letters
re Mt. Prospect Add. Pt. IV; leasing of sts.
& alleys for commercial purposes conc. U.R.;
cutoff date for General Obligation Bond Issue
election. Jerry Cilek, commending City
staff; Ross Randall, re Old Capitol Criterium
bicycle race; referred to City Mgr.
Affirmative roll call vote unanimous, 7/O, all
Councilmembers present.
Moved by Perret, seconded by Foster, to set
public hearing on 10/4/77 for adoption of the
Model Code for Energy Conservation in New Building
Construction, developed by the Building Officials
& Code Administrators International, Inc., with
additions as presented and recomm. by the Resources
Conserv. Comm. Motion carried unanimously.
Mayor Neuhauser announced a vacancy on the
Housing Conn. for an unexpired term ending 5/1/19,
appointment to be made at the 10/.11/77 mtg. Moved
by Neuhauser, seconded by Selzer, to approve the
Mayor's appointment of Kent Angerer, 1231 E.
College, to the Resources Conserv. Comm., for an
unexpired term ending 1/1/79. Motion carried.
City Atty. Hayek informed Council that 9/13
would be the last date the City could advise the
bonding atty, about selling bonds for the police
facility, and 9/29 is the cutoff date to place the
bond issue question on the 11/8 ballot.
Councilman Balmer called attention to the
letter from City Atty. Hayek relative to his
question as to whether or not the City could
purchase plumbing supplies directly from Plumbers
Supply Co., in which he has an ownership interest.
The legal staff has concluded that there was a
conflict of interest. In the future Iowa City
will have to buy from individual plumbing concerns,
or use the sealed bid method.
City Mgr. Berlin presented a request to the
Highway Comm. and the City from E -J Corp. (Howard
Johnsons) on N. Dodge for approval of use of
highway right-of-way for a sewage line for the
Racquet Club. Moved by Balmer, seconded by Selzer,
to approve the request. Motion carried unanimously.
Atty. Hayek explained the need to clarify
action on the Ord. amending the Home Rule Charter
in Sec. 3. Moved by Perret, seconded by Foster,
that the Clerk correct the 8/30/77 minutes to
reflect that the original ord. was tabled, and
the substitute ord. was deferred for one week.
Motion carried.
The public hearing to rezone a tract of land to
a CH Zone was held. No one appeared. Moved by
Balmer, seconded by Foster, to adopt RES. d77-363,
Res. Bk. 42, pp„ 731-732, TO ACCEPT THE VOLUNTARY
ANNEXATION OF A 2.7 -ACRE TRACT located west of ,
Hwy. l and Dane's Dairy and contiguous to the
south City limits. Affirmative roll call vote
unanimous, 7/0, all Councilmembers present.
Mayor Neuhauser declared the public hearing on
the State Transit System Program open. Public
Works Dir. Plastino pointed out 2 additions:
Repair Maintenance. of Vehicles - $16,000, and
Wages of Temporary Employees - $12,000. Robt. Welsh
appeared. Public hearing closed.
Moved by Foster, seconded by Vevera, that the
ORD. AMENDING ORD. #76-2807, THE STORM WATER
MANAGEMENT ORD. be considered and given 2nd vote
for passage. Motion carried, 7/0. Affirmative
roll call vote unanimous, 7/0, all Councilmembers
present.
Moved by deProsse, seconded by Perret, that the
rule requiring that ords. must be considered and
voted on for passage at 2 Council mtgs. prior to
the mtg. at which it is to be finally passed be
suspended, that the second consideration and vote
be waived, and that the ord. be voted upon for
final passage at this time. Affirmative roll call
vote unanimous, 7/0, all Councilmembers present.
Moved by deProsse, seconded by Perret, that ORD.
#77-2858, Ord. Bk. 11, pp. 163-164, AN AMENDMENT
TO THE HOME RULE CHARTER FOR THE CITY OF IOWA
CITY, IOWA, BY PROVIDING THAT INITIATIVE OR REFERENDUM
PROPOSALS BE HELD AT REG. 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
SEC. 7.05(8) THEREOF be finally adopted at this
time. Affirmative roll call vote unanimous, 7/0,
all Councilmembers present.
Moved by Perret, seconded by Balmer, that the
rule requiring that ords. must be considered and
voted on for passage at 2 Council mtgs. prior to
the mtg. at which it is to be finally passed be
suspended, that the 1st and 2nd consideration and
vote be waived, and that the ords. be voted upon
for final passage at this time. Affirmative roll
call vote unanimous, 7/0, all Councilmembers
present. Moved by Foster, seconded by Perret,
that ORD. #77-2859, Ord. Bk. 11, pp. 165-169,
ADOPTING THE UNIFORM BLDG. CODE EDITED BY THE
INTERNATIONAL CONFERENCE OF BLDG. OFFICIALS; TO
PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE
& SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; TO
REPEAL ORDS. #2709 & #75-2775, AND TO PROVIDE FOR
ITS ENFORCEMENT ORD. #77-2860, Ord. Bk. 11, pp.
170-171, ADOPTING THE UNIFORM CODE FOR THE ABATEMENT
OF DANGEROUS BLDGS., 1976 EDITION, AS PREPARED BY
THE INTERNATIONAL CONFERENCE OF BLDG. OFFICIALS
WITH CERTAIN AMENDMENTS THERETO AND TO PROVIDE FOR
THE ENFORCEMENT THEREOF & PENALTIES FOR THE VIOLATION
THEREOF & REPEALING ORD. #2712 -- ORD. #77-2861,
Ord. Bk. 11, pp. 172-173, ADOPTING THE 1976
EDITION OF THE UNIFORM FIRE CODE BY THE INTERNATIONAL
CONFERENCE OF BLDG. OFFICIALS & WESTERN FIRE
CHIEFS ASSOC.; REPEALING ORD. #2711; TO PROVIDE
REGS. GOVERNING CONDITIONS HAZARDOUS TO LIFE AND
PROPERTY AND TO PROVIDE FOR ITS ENFORCEMENT --
ORD. #77-2862, Ord. Bk. 11, pp. 174-187, ADOPTING
THE 1975 EDITION OF THE NATL. ELECTRICAL CODE WITH
CERTAIN ADDITIONS & AMENDMENTS THERETO; REPEALING
CHAP. 9.20 OF THE MUN. CODE OF IOWA CITY, IOWA,
AND ENACTING A NEW CHAPTER IN LIEU THEREOF -- and
ORD. #77-2863, Ord. Bk. 11, pp. 188-191, ADOPTING
THE 1976 EDITION OF THE UNIFORM MECHANICAL CODE
WITH CERTAIN AMENDMENTS THERETO; REPEALING ORD.
#2708, AND PROVIDING FOR ITS ENFORCEMENT be finally
adopted at this time. Affirmative roll call vote
unanimous, 7/0, all Councilmembers present.
Moved by Balmer, seconded by Foster, to adopt
RES'477=.364, Res. Bk. 42, pp. 733-741, APPROVING
THE OFFICIAL FY77 STREET FINANCE REPORT. Affirmative
roll call vote unanimous, 7/0, all Councilmembers
present.
Moved by Selzer, seconded by Balmer, to adopt
RES. #77-365, Res. Bk. 42, p. 742, AUTHORIZING
CITY MGR. TO CONSUMMATE PURCHASE OF REAL PROPERTY
KNOWN AS 126 S. GILBERT ST., IOWA CITY, IA. Robt.
Welsh appeared. Roll call: Ayes: deProsse,
Foster, Neuhauser, Perret, Selzer, Balmer. Nays:
Vevera. Res. adopted, 6/1.
Moved by Perret, seconded by deProsse, that the
rule requiring that ords. must be considered and
voted on for passage at 2 Council mtgs. prior to
the mtg. at which it is to be finally passed and
suspended, that the first and second consideration
and vote be waived, and that the substitute ORD.
#2864, Bk. 11, pp. 192-193, REPEALING 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, be voted upon for final passage
at this time. Affirmative roll call vote was
unanimous, 7/0. Moved by deProsse, seconded by
Perret, that the ord. be finally adopted at this
time. Roll call: Ayes: Neuhauser, Perret,
Vevera, Balmer, deProsse, Foster. Nays: Selzer.
Ord. adopted, 6/1.
Moved by Perret, seconded by deProsse, to defer
ORD. AMENDING THE MUNICIPAL ELECTION CAMPAIGN
FINANCE ORD. 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
COMM. FOR THE PURPOSE OF SUPPORTING OR OPPOSING A
BALLOT ISSUE until information presented by Council-
man Perret has been distributed. Motion carried,
7/0.
Moved by Foster, seconded by Perret to adjourn
the mtg. Motion carried unanimously, 10:30 P.M.
A more complete description of Council activities
is on file in the office of the City Clerk.
s/MARY, C. NEUHAUSER, MAYOR
s/ABBIE STOLFUS, CITY CLERK 9/20/77
■-
1<:
CITES OF OFFICIAL ACTIONS OF COIL
AUGUST 23, 1977
The cost of publishing the following proceedings
& claims is $ Cumulative cost for
th' 1 d f d kill t' ' $
is ca en ar year or sai pu ica ion is
Iowa City Council, as adjourned on 8/22/77, met
in executive session at 7:15 P.M. on 8/23/77 for
continuing discussion of acquisition of property.
Councilmembers present: deProsse, Foster, Balmer,
Perret, Selzer, Vevera. Absent: Neuhauser.
Mayor Pro tem deProsse presiding. Staffinembers
present: Berlin, Hayek, Stolfus, Bowlin, Schreiber,
Showalter & P&R Chrm. Stockman. Moved by Balmer,
seconded by Vevera, to adjourn. Motion carried,
6/0, Neuhauser absent, 7:30 P.M.
Iowa City Council, reg. mtg. 8/23/77, 7:30 P.M.
at the Civic Center. Councilmembers present as
listed above. Mayor Pro tem deProsse presiding.
Moved by Selzer, seconded by Perret to adopt
RES. #77-326, recorded in Res. Bk. 41, p. 663 OF
COMMENDATION FOR RALPH O'BRIEN, for approximately
12 yrs. of dedicated service in the Cemetery Div.
of Dept. of Parks & Rec. Affirmative roll call
vote unanimous, 6/0, Neuhauser absent.
Roxanne Sexauer appeared to register a complaint
against construction of a discotheque above Nemo's.
City Mgr. Berlin responded.
Moved by Perret, seconded by Foster, that the
following items and recomms. on the Consent Calendar
be approved and/or adopted as presented:
Approval of official actions, reg. Council
mtg., 8/9/77, subj. to correction, as reconm.
> by. City Clerk.
Minutes of Airport Comm. -7/21/77.
Permit Res.'s, Res. Bk. 41, as recomm. by
City Clerk: Res. #77-327, p. 664, Approving
Class B Beer Permit application and Res. #71
328, p. 665, Approving Class B Beer Sunday
Sales application for Pizza Hut, 1921 Keokuk
St. Res. #77-329, p. 666, Approving Class C
Beer Sunday Sales Permit application for
Bill's 1-80 DX, I-80 & Hwy. 1. Res. #77-330,
p. 667, Approving Class C Liquor License &
iAto%ous Afpncp!ag tpX'&ek LiquorSundaySalesBLicense for Iowa sThrashers,
I�c£NS£5 �'OR l�¢Ilow CheeV£a 1515 Mall Dr. Res. #77-332, p. 669, Refunding
a Sud CRb Cos. cad {D o on of Cigarette Permit to Central Vendors.
A�EPY„ p,ael�suae of S" Correspondence: Vicki Kelso, Sgt. U.S. Air
' StNt£meNts couRc• U.Force, re Hollywood Blvd.; Della Grizel, re
P"0Psidewalk repair; Agnes Kuhn, re traffic
madE flow; Dr. Francis Lalor, Horace Mann School,
/CO'
ILre role of public school educators in City's
IOIH�71) economic dev. prog.; Dan Grinstead, re Civil
Defense/Tornado sirens; referred to City Mgr.
Affirmative roll call vote unanimous, 6/0, Neuhauser
absent.
Mayor Pro tem deProsse stated that after discus-
sion in executive session concerning the contract
for services with the City of Univ. Hgts., it was
the co*nsus of Council that Univ. Hg o offer
was unacceptable to the City. deProsse reported
on the recomm. from the Advisory Comm. on City -
County Detention & Law Enforcement Facility, to
pursue a joint facility, and on County Atty.
Dooley's opinion on the 2 -part referendum. Moved
by Foster, seconded by Perret, to call a Special
Election on 11/8/77 on the matter of issuance of
$500,000 General Obligation Bonds for a Police
Administration Facility. After discussion, it was
moved by Selzer, seconded by Perret, to amend the
motion by substituting for the original motion,
wording to the effect that Council supports the
concept of a shared facility for law enforcement,
and that Staff be directed to proceed to resolve
procedural aspects as well as provide points of
information that Council has requested. Vote
taken on the substitute motion found Balmer,
deProsse, Foster, Perret and Selzer voting 'aye',
5/0, Vevera abstaining, Neuhauser absent. Although
no further action was necessary, voice vote was
taken on the original motion, motion defeated, 0/6.
Moved by Foster, seconded by Selzer, to defer
the ORD. TO REPEAL THE ELECTION PROCEDURES IN ART.
III OF THE HOME RULE CHARTER FOR THE CITY OF IOWA
CITY IN ORDER TO ELIMINATE INCONSISTENCIES BETWEEN
ART. III OF THE HOME RULE CHARTER & CHAP. 376,
CITY ELECTIONS OF THE 1977 IOWA CODE as per Asst.
City Atty.'s request. Motion carried, 6/0.
Moved by Foster, seconded by Balmer, to adopt
ORD. -#77-2857, Ord. Bk. 12, pp. 161-162, VACATING
A PART OF FERSON AVE. IN BLACK'S PARK ADD., IOWA
CITY, IA., BETWEEN THE N. R -O -W LINE OF PARK RD. &
THE S. R -O -W LINE OF GOULD ST. Affirmative roll
call vote unanimous, 6/0, Neuhauser absent.
Moved by Perret, seconded by Foster, that
Council vote to condemn the property conc. Windsor
Hgts. Addn. V in question as park land for an
addition to Hickory Hill Pk. Citizens appearing
included: Tom Alberhasky, Betsy Hillman, George
Baker, James Christensen, Atty. Don Hoy for the
developer, Doris Preucil, Dennis Sauegling of
Hawkeye Engr..for developer; Ralph Oxford, and
Chrm. Flo Stockman of Parks & Rec. Comm. Vote on
the motion: Perret and deProsse voting 'aye',
Foster, Selzer, Vevera and Balmer voting 'no'.
Motion defeated, 2/4, Neuhauser absent. Moved by
deProsse, seconded by Vevera, to add a 3rd contin-
gency to the Resolution, stating that the preliminary
plat be approved subj. to '3) erosion control
measures as set forth in the stormwater management
control ordinance as adopted by Council be adhered
to.' Motion carried unanimously. Moved by Selzer,
seconded by Foster to adopt RES. #77-333, recorded
in Bk. 41, p. 670, APPROVING PREL. PLAT OF WINDSOR
HGTS. ADD., PT. 5, AS AMENDED. Selzer, Vevera,
Balmer and Foster voted 'aye', Perret and deProsse
abstained. Motion carried, 4/0, Neuhauser absent.
Moved by Balmer, seconded by Foster, to adopt
RES. #77-334, Res. Bk. 41, p. 671, AMENDING SALARIES
& COMPEN&ON FOR CLASSIFIED PERSONNEL, f. #77-
215, AND PROVIDING FOR VARIOUS POSITION CH NGES.
Affirmative roll call vote unanimous, 6/0, Neuhauser
absent.
Moved by Selzer, seconded by Perret, to adopt
the Res. Establishing Liability Insurance Limits
with Respect to Taxicabs. Ralph Oxford, owner of
Yellow -Checker & Super Cabs, appeared. Moved by
Foster, seconded by Selzer, to defer the res. one
week so that the staff can check with other commu-
nities on insurance limits. Motion carried
unanimously.
Moved by Perret, seconded by Vevera, to adopt
RES. #77-335, Res. Bk. 41, p. 672, ESTABLISHING
CERTAIN FEES & CHARGES WITH RESPECT TO THE ADMINIS-
TRATION OF TAXICAB REGULATIONS. Affirmative roll
call vote unanimous, 6/0, Neuhauser absent. Ralph
Oxford, owner of Yellow Checker & Super Cab Cos.,
appeared.
Moved by Balmer, seconded by Selzer, to defer
the RES. AUTHORIZING THE MAYOR TO EXECUTE CONTRACT
FOR YOUTH SERVS. IN IOWA CITY WITH THE I.C. BABE
RUTH LEAGUE for 1 week to allow the I.C. Babe Ruth
League to review the contract. Motion carried,
6/0, Neuhauser absent.
Moved by Selzer, seconded by Perret, to adopt
RES. #77-336, Res. Bk. 41, p. 673, ACCEPTING THE
LOW BID OF THE J.F. EDWARDS CONSTR. CO. OF GENESEO,
IL, AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT
FOR CONSTR. OF THE JEFFERSON/MARKET SIGNALIZATION
PROD. FAUS NO. M-4030(1)--81-52 UPON CONCURRENCE
OF THE FED. HIGHWAY WORKS ADMINISTRATION. Affirma-
tive roll call vote unanimous, 6/0, Neuhauser
absent.
Movedby Foster, seconded by Balmer, to adopt
RES. #77-337, Res. Bk. 41, pp. 674-684, APPROVING
AMENDMENT TO SEWER SYSTEM EVALUATION SURVEY
CONTRACT with Veenstra & Kimm. Affirmative roll
call vote unanimous, 6/0, Neuhauser absent.
Movedby Perret, seconded byFoster, APPROVING
.RES. -#I7-338, Res. Bk. 41, pp. 6
THE MAYOR TO SIGN A CONTRACT WITH JOHNSON CO.
SEATS FOR THE PROVISION OF TRANSPORTATION SERVS.
TO THE ELDERLY AND HANDICAPPED. Ralph Oxford..
appeared. Affirmative roll call vote unanimous,
6/0, Neuhauser absent.
Moved by Balmer, seconded by Foster, to adjourn
,the mtg. 'Motion carried, 6/0. (9:50 P.M.)
- A more complete description of Council activities
is on file in the office of the City s/CAROL dePROSSEClerk.
,MAYOR PRO TEM
s/ABBIE STOLFUS, CITY CLERK 9/6/77
0 0
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
AUGUST 23, 1977
7:15 P.M.
Iowa City Council, as adjourned on 8/22/77, met in executive session
at 7:15 P.M. on 8/23/77 for continuing discussion of acquisition of
property. Councilmembers present: deProsse, Foster, Balmer, Perret,
Selzer, Vevera. Absent: Neuhauser. Mayor Pro tem deProsse presiding.
Staffinembers present: Berlin, Hayek, Stolfus, Bowlin, Schreiber, Showalter
& P&R Chrm. Stockman. Moved by Balmer, seconded by Vevera, to adjourn.
Motion carried, 6/0, Neuhauser absent, 7:30 P.M.
Iowa City Council, reg. mtg. 8/23/77, 7:30 P.M. at the Civic Center.
Councilmembers present as listed above. Mayor Pro tem deProsse presiding.
Minutes of this mtg. recorded on Reel #77-24.
Moved by Selzer, seconded by Perret to adopt RES. #77-326, recorded
in Res. Bk. 41, p. 663 OF COMMENDATION FOR RALPH O'BRIEN, for approximately
12 yrs. of dedicated service in the Cemetery Div. of Dept. of Parks &
" Rec. 'Affirmative roll call vote unanimous, 6/0, Neuhauser absent.
Roxanne Sexauer, 221; E. Washington, appeared to register a complaint
against construction of a discotheque above Nemo's. City Mgr. Berlin
advised that constr. complies with all Code requirements, & called
attention to the new Ord. 77-2605 on nuisance caused by noise. The
Disclosure of Interest Statements were distributed for Council's review.
`Mayor Pro tem deProsse called attention to the letter in the 8/12
packet to C.R. Melugin, Dir. Fed. Aviation Adm. for Chrm. Peterson of
the Airport Comm. regarding application and study for Master Plan for
_the Airport. Previous actions taken were reported by the City Mgr., who
Was directed to report back with further appropriate information.
Moved by Perret, seconded by Foster, that the following items and
recomms. on the Consent Calendar be approved and/or adopted as presented:
Approval of official actions, reg. Council mtg., 8/9/77, subj. to
correction, as recomm. by City Clerk.
Minutes of Airport Comm. -7/21/77.
'
- Permit Res.'s, Res. Bk. 41, as recomm. by City Clerk: Res. #77-
327, p. 664, Approving Class B Beer Permit application and Res.
'
#77-328, p. 665, Approving Class B Beer Sunday Sales application
for Pizza Hut, 1921 Keokuk St. Res. #77-329, p. 666, Approving
Class C Beer Sunday Sales Permit application for Bill's I-80 DX, I-
80 & Hwy. 1. Res. #77-330, p. 667, Approving Class C Liquor License
& Res. #77-331, p. 668, Approving Class C Liquor Sunday Sales
License for Iowa Thrashers, 1515 Mall Dr. Res. #77-332, p. 669,
Refunding Portion of Cigarette Permit to Central Vendors.
orrespondence: Vicki Kelso, Sgt. U.S. Air Force, re Hollywood
d,; Della Grizel, re sidewalk repair; Agnes Kuhn, re traffic
C
N5 APPR.OVIN(J +AXICAb 1ice*1S£S 'FOR LWIOW Ch£cKfe f 'Sui)FJLCrib
S}AiEMENis COr.10ERN�NO
Cos, AbN& 1 D Aer-Ept 'D;scAOsuKE of Ze11£RE
Ll Ri1ON 1-1eU£W Al PKOF£ctiCJ. LCDr[2EGl"i mx 0,2/lolf 10/y/77)
• 41plete Activities
August 23, 1977
Page 2
flow; Dr. Francis Lalor, Horace Mann School, re role of public
school educators in City's economic dev. prog.; Dan Grinstead, re
Civil Defense/Tornado sirens; referred to City Mgr.
Affirmative roll call vote unanimous, 6/0, Neuhauser absent.
Moved by Foster, seconded by Selzer, to defer the ORD. TO REPEAL THE
ELECTION PROCEDURES IN ART. III OF THE HOME RULE CHARTER FOR THE CITY OF
IOWA CITY IN ORDER TO ELIMINATE INCONSISTENCIES BETWEEN ART. III OF THE
HOME RULE CHARTER & CHAP. 376, CITY ELECTIONS OF THE 1977 IOWA CODE as
per Asst. City Atty. Bob Bowlin's request. Motion carried, 6/0.
Moved by Foster, seconded by Balmer, to adopt ORD. H77-2857, Ord. Bk.
12, pp. 161-162; VACATING A PART OF FERSON AVE. IN BLACK'S PARK ADD.,
IOWA CITY, IA., BETWEEN THE N. R -O -W LINE OF PARK RD. & THE S. R -O -W
LINE OF GOULD ST. Affirmative roll call vote unanimous, 6/0, Neuhauser
absent.
City Mgr. Berlin will be checking on installation date for temporary
turning light at intersection of Hwys. 6/218/1. He advised that the
City would be paying expense for 2 persons to the ICMA Conference. He
will also check on the installation of the detour signs around 1st Ave.
Selzer advised he would be attending the Economic Dev. Conference in
Duluth next week.
Mayor Pro tem deProsse stated that after discussion in executive
session concerning the contract for services with the City of Univ.
Hgts., it was the consensus of Council that Univ. Hgts.' offer was
unacceptable to the City. Their Council will be so notified by letter.
.deProsse reported on the recomm. from the Advisory Comm. on City -County
Detention & Law Enforcement Facility, to pursue a joint facility, and on
County Atty. Dooley's opinion on the 2 -part referendum. 1 referendum
would-be submitted to County residents to vote on a 1.9 million dollar
s
bond issue whether or not to build a new county jail, and the other
referendum would be submitted to City voters on whether or not to issue
$500,000.general obligation bonds to build a police facility in conjunction
with the new county jail. The County has voted to accept the recom-
Imendations.of the, Advisory Comm., but asked that the same legal counsel
be used by both agencies. Moved by Foster, seconded by Perret, to call
a Special Election on 11/8/77 on the matter of issuance of $500,000
General Obligation Bonds for a Police Administration Facility. After
'
discussion, it was moved by Selzer, seconded by Perret, to amend the
motion by substituting for the original motion, wording to the effect
'
that Council supports the concept of a shared facility for law enforce-
ment, and that Staff be directed to proceed to resolve procedural
aspects as well as provide points of information that Council has requested.
Vote: taken on the substitute motion found Balmer, deProsse, Foster,
Perret'and 'Selzer voting 'aye', 5/0, Vevera abstaining, Neuhauser absent.
Although no further action was necessary, voice vote was taken on the
original motion, motion defeated, 0/6.
It was pointed out that the weeds on Benton St. between Dubuque and
Gilbert had not been taken care of. City Mgr. Berlin advised he would
be in Chicago Friday attending a City Mgrs. Assn. mtg. on Collective
Bargaining.
Moved by Foster, seconded by Selzer, to defer the ORD. TO REPEAL THE
ELECTION PROCEDURES IN ART. III OF THE HOME RULE CHARTER FOR THE CITY OF
IOWA CITY IN ORDER TO ELIMINATE INCONSISTENCIES BETWEEN ART. III OF THE
HOME RULE CHARTER & CHAP. 376, CITY ELECTIONS OF THE 1977 IOWA CODE as
per Asst. City Atty. Bob Bowlin's request. Motion carried, 6/0.
Moved by Foster, seconded by Balmer, to adopt ORD. H77-2857, Ord. Bk.
12, pp. 161-162; VACATING A PART OF FERSON AVE. IN BLACK'S PARK ADD.,
IOWA CITY, IA., BETWEEN THE N. R -O -W LINE OF PARK RD. & THE S. R -O -W
LINE OF GOULD ST. Affirmative roll call vote unanimous, 6/0, Neuhauser
absent.
.
• Cd•ete Activities
August 23, 1977
Page 3
Mayor Pro tem deProsse read the 2 contingencies on the Resolution for
Windsor Hgts. Addn. V. Moved by Perret, seconded by Foster, that Council
vote to condemn the property in question as park land for an addition to
Hickory Hill Pk. Citizens appearing included: Tom Alberhasky, 1613 E.
College; Betsy Hillman, 313 Windsor Dr.; George Baker; James Christensen,
1532 Rochester Ave.; Atty. Don Hoy for the developer; Doris Preucil, 317
Windsor Dr., Dennis Sauegling, Hawkeye Engr., for developer; Ralph
Oxford, 222 Gilbert Ct. and Chrm. Flo Stockman, Parks & Rec. Comm. Each
Councilmember discussed the reasoning for the contemplated vote. Atty.
Hoy advised that the developer was willing to undertake whatever measures
necessary so there would be no erosion problems during construction.
Stockman explained actions by the P&R Comm. for the past 3 yrs. concerning
this property. Vote on the motion: Perret and deProsse voting 'aye',
Foster, Selzer, Vevera and Balmer voting 'no'. Motion defeated, 2/4,
Neuhauser absent. Moved by deProsse, seconded by Vevera, to add a 3rd
contingency to the Resolution, stating that the preliminary plat be
approved subj. to '3) erosion control measures as set forth in the
stormwater management control ordinance as adopted by Council be adhered
to.' Motion carried unanimously. Moved by Selzer, seconded by Foster
to adopt RES. N77-333, recorded in Bk. 41, p. 670, APPROVING PREL. PLAT
OF WINDSOR HGTS. ADD., PT. 5, AS AMENDED. Selzer, Vevera, Balmer and
Foster voted 'aye', Perret and deProsse abstained. Motion carried, 4/0,
Neuhauser absent.
'
Moved by Balmer, seconded by Foster, to adopt RES. N77-334, Res. Bk.
`
41, P: 671, AMENDING SALARIES & COMPENSATION FOR CLASSIFIED PERSONNEL,
RES. #77-215, AND PROVIDING FOR VARIOUS POSITION CHANGES. Affirmative
roll call vote unanimous, 6/0, Neuhauser absent.
'
Moved by Selzer, seconded by Perret, to adopt the Res. Establishing
Liability Insurance Limits with Respect to Taxicabs. Ralph Oxford,
owner of Yellow -Checker & Super Cabs appeared for discussion. Moved by
`
Foster, seconded by Selzer, to defer the res. one week so that the staff
can check with other communities on insurance limits. Motion carried
unanimously.
Moved by Perret, seconded by Vevera, to adopt RES. N77-335, Res. Bk.
41; p. 672, ESTABLISHING CERTAIN FEES & CHARGES WITH RESPECT TO THE
ADMINISTRATIONOFTAXICAB REGULATIONS. Affirmative roll call vote
unanimous, 6/0, Neuhauser absent. Ralph Oxford, owner of Yellow Checker
& Super Cab Cos., appeared.
Moved by Balmer, seconded by Selzer, to defer the RES. AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVS. IN IOWA CITY WITH THE
I.C. BABE RUTH LEAGUE for 1 week to allow the I.C. Babe Ruth League to
}
review the contract. Motion carried, 6/0, Neuhauser absent.
Moved by Selzer, seconded by Perret, to adopt RES. N77-336, Res. Bk.
-`+
41, p. 673, ACCEPTING THE LOW BID OF THE J.F. EDWARDS CONSTR. CO. OF
GENESEO, IL, AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT FOR CONSTR.
OF THE JEFFERSON/MARKET SIGNALIZATION PROJ. FADS NO. M-4030(1)--81-52
UPON CONCURRENCE OF THE FED. HIGHWAY WORKS ADMINISTRATION. The bid
accepted was in the amount of $93,500.00. Affirmative roll call vote
unanimous, 6/0, Neuhauser absent.
•
eplete Activities
August 23, 1977
Page 4
Moved by Foster, seconded by Balmer,
to adopt RES. #77-337, Res. Bk.
41, pp. 674-684, APPROVING AMENDMENT TO
SEWER SYSTEM EVALUATION SURVEY
CONTRACT with Veenstra & Kimn. Affirmative roll call vote unanimous,
6/0, Neuhauser absent. This resolution
authorizes a third amendment to
the agreement.
Moved by Perret, seconded by Foster,
to adopt RES. #77-338, Res. Bk.
41; pp. 685-690, APPROVING THE MAYOR TO
SIGN A CONTRACT WITH JOHNSON CO.
SEATS FOR THE PROVISION OF TRANSPORTATION SERVS. TO THE ELDERLY AND
HANDICAPPED. Ralph Oxford, 735 Oakland
Ave., appeared. Affirmative
roll call vote unanimous, 6/0, Neuhauser
absent.
Moved by Balmer, seconded by Foster,
to adjourn the mtg. Motion
carried, 6/0. (9:50 P.M.)
CAROL W. dePROSSE, MAYOR
y
ABBIE STOLFUS, CITY CLERK
1
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INFORMAL COUNCIL DISCUSSION
AUGUST 15, 1977
1:15 P.M.
INFORRoomCOUNCIL
the CCivicDISCUSSION:
nter.August
Tape recorded,Conference
on Reel #77-2
COUNCSezer, Vevera, deProsser ABSENT: presiding. Balmer, Perret,
l
STAFFMEMBERS PRESENT: Berlin, Stolfus, Schreiber, Boothroy.
EXECUTIVE SESSION
to
It was moved by Vevera, secono?
session for discussion of appntmentsrtotthe HumanrRightsxecutive Commission
and acquisition of property. Upon roll call Balmer, deProsse, Neuhauser,
Perret, Selzer and Vevera voted 'aye'. Motion carried, 6/0, Foster
absent. At 1:45 P. M., it was moved by Perret and seconded by Selzer to
continue the executive session on Tuesday, August 16th at 6:45 P.M. for
r discussion of appointments, and to adjourn at this time for
r
in discussion. Motion carried unanimously.
TAXICAB LICENSES -OXFORD
Oxford, owner of Super Cab -Yellow Checker Cabs, was present.
Ra1ph.City
Manager Neal Berlin called attention to the ordinance provided for
Tuesday which will allow issuance of licenses under the previous ordinance,
were applied for
as they under that ordinance. Oxford presented a
request for a rate increase. This will be processed under the new
,r ordinance. City Clerk Abbie Stolfus explained that the public hearing
on fare increase could be held on August 30th, and was asked to prepare.
r a motion for.the consent calendar which would set that public hearing.
f' WINDSOR HEIGHTS V
Engineer Sauegling presented their traffic solution. The letter from
Plum Grove Acres Attorney Ed Lucas was read, regarding the extension of
7th Avenue from Rochester to Windsor Heights V subdivision. They will
dedicate a 50' street right-of-way if Harding constructs the paving.
They will cooperate with a storm water retention basin. Harding will
-'; pay for installation of street, storm water and sidewalks. Council
at to PAZ Commission as
decided to refer the plthey are meeting this
evening. This item should be on next week's agenda. Pat Harding and
t. Bruce Glasgow were present.
A
COUNCI_ LB_ USINESS
Mayor Neuhauser reminded Councilmembers that the citizen survey was in
Mayor uncal office for their review. Council discussed a date for the
meeting.with Clayton Ringgenberg. Administrative Assistant Linda Schreiber
will check out the date of September 14th. Councilmembers discussed
attendance at the League of Iowa Municipalities meeting in Des Moines.
• Informal Meeting
August 15, 1977
Page 2
Mayor Neuhauser announced that the meeting would adjourn until 2:30 P.M.
at the Recreation Center where Jim Kimm of Veenstra & Kimm, consultants
on the Sanitary Sewerage Treatment Facility Plan, would brief Council
and the public on the background, preparation and implementation of the
plan. Councilman Foster attended this portion of the meeting.
Kimm introduced Dick Glenn and Mary Thorton, also from Veenstra & Kimm.
There were 30 persons in attendance other than the Council, Staff and
Consultants. Plastino, Dietz, Doren and Miranda were also in attendance.
Kimm advised that they would need guidance and direction from Council in
five major areas:
1.
treatment techniques,
2.
site selection for the facility,
3.
handling of solid wastes, including those from the water treatment
plant and from the University (Ray Mossman, representing the University,
stated that they would have an answer by September 1st, concerning
`
their participation),
4.'
conservation of energy and resources, and
5..
relief sewer priorities for construction.
{
The
actual presentation is available in written form.
'
Observations made included:
I :
Using the North site of 2,300 acres of drainage area by gravity,
'
the'City could appreciably increase its size.
2.;
Decision on disposal of solids can be delayed.
14 .-:-•
3.-
•
: Lakeside and Heinz liftstations could be eliminated.
4.,
design life of the capacity for the new plant is 20 years.
..The
'Out of the 15,500 acres wihtin the City now, only 8,800 acres are
'
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developed.
projected growth of the City for year 2000 is 60,000 population.
7.
The North site will serve the 2,300 acres plus the 6,000 acres
undeveloped inside the City limits.
There is no State or Federal participation in costs of the acquisition
of the site.
9.
Treatment plants are funded first, priority will be set later on
trunk sewers.
10.
There is Federal participation in construction to relieve overloaded
conditions'only.
INFORMAL COUNCIL DISCUSSION
AUGUST 22, 1977
1:30 P.M.
INFORMAL COUNCIL DISCUSSION: August 22, 1977, 1:30 P.M. on the Conference
Room at the Civic Center. Tape recorded on Reel N77-26.
COUNCILMEMBERS PRESENT: deProsse, Balmer, Foster, Perret, Selzer,
Vevera. ABSENT: Neuhauser. Mayor Pro tem deProsse presiding.
STAFFMEMBERS PRESENT: Berlin, Stolfus, Schreiber, Plastino, Mose,
Kraft,"Geshwiler.
ZONING APPLICATIONS
Senior Planner Don Schmeiser and Planner Doug Boothroy were present for
discussion of the following application:
Windsor Hemi hts�V - Boothroy explained the conditions on which the
. PZann!ng and Zoning Commission gave their approval of the new
extension of 7th Avenue. Council discussed removal of dirt, soil
F
erosion. Attorney Hoy, for the developer Pat Harding, advised that
'
they did not buy the land to sell. He noted that last year Parks
and Recreation Commission had voted to not buy this property for a
i
park but to get the Woods property instead.
COUNCIL AGENDA
a"
Mayor Pro,tem deProsse advised that an acceptable SEATS contract had
been distributedand was on the agenda. City Manager Neal Berlin advised
Council to delete all minor projects from the Block Grant program next
sur
year because of the work necessary for processing, and the Committee on
41
Community Needs will be so advised.
Personnel Specialist June Higdon explained that for the Buyer, the job
,r
duties had changed, salary would raise from $876 to $952; for the Senior
l
Construction Inspector, from $1112 to $1162, because of added respon-
sibilities; and the adjustment for Police Captain would align the pay
plan with the current Chief's salary, from $2262 to $2300.
Council discussed the liability insurance requiements for the Babe Ruth
League,;,as,compared to taxicab requirements. This liability requirement
is used for all non-profit organizations that the City has contracts
r
with. As, this contract had not been reviewed by the League, the Resolution
will be deferred week.
4,
COUNCIL TIME
31
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In the memo regarding "Old Jet" from Administrative Intern Dayton,
paragraph 3 states, "the City must bear the costs". This actually means
"whoever". Vevera commented on Plastino's memo concerning bike racks.
3
Council agreed that their decision to not allow bikes in the pedestrian
mall would not be changed.
L
• 4ormal Meeting
August 22, 1977
Page 2
TRANSIT GRANT
After deleting N1, it was suggested that further input be
coordinated with the School Board.
ISSUE: Is additional capital investment in fire protection necessary?
N1 was eliminated. Contracting services privately was
discussed.
ISSUE: What should the City do about the police facilities?
R1 was eliminated. deProsse reported on the meeting held
by the Advisory Committee on City -County Detention and
Law Enforcement Facility (Berlin, Hughes, Dooley, Sehr,
Miller, Edmonds, deProsse, White) concerning the involve-
ment of the City in the new jail facilities. Their
consensus was to pursue a joint facility. They agreed to
Public Works Director Dick Plastino, Transit Manager Hugh Mose and
Assistant Attorney Bob Bowlin were present for the presentation regarding
the application for State DOT Grant for FY July 1, 1977 through June 30,
1978, for assistance funds in the amount of $175,000. To the list of
possible projects for operating assistance, Plastino asked that N11,
Handicapped and Elderly Service, $27,000 be added, and explained the
State funding. The commitment for next year's funding for projects was
discussed along with the effect of the new property tax bill. DOT will
look with more favor on projects where there are definite goals and
objectives. Clarification was made on several of the projects. The
City Manager requested that any major changes should be pointed out.
Several Councilmembers agreed to eliminate Sunday service, or use another
approach, the SEATS system on an on-call basis. Consensus was for use
of two-way radios. There were no objections to the Kneeling Bus Feature;
SEATS After -Hours Taxi Service, or Safety and First -Aid Training. It
was pointed out that some police officers could use the first-aid training
also. After discussion of duties and need for clerical help, the City
Manager was asked to work out something administratively. Placement of
bus signs and advertising on buses and benches was discussed. Another
discussion will be held after the preliminary public hearing.
WATER PLANT SLUDGE
For further explanation of his memo, Plastino stated that now all the
sludge from the water treatment plant is disposed of in the river. He
added that preliminary plans lean heavily toward the University treating
their own water treatment wasts. They contribute about 1/3 of all the
solid wastes. It would be to the City's advantage for them to treat
their own waste. Disposal of sludge was discussed.
COMPREHENSIVE PLAN
Continuation of discussion of Issues and Alternatives.
ISSUE: What should be the locational pattern of schools in Iowa City?
After deleting N1, it was suggested that further input be
coordinated with the School Board.
ISSUE: Is additional capital investment in fire protection necessary?
N1 was eliminated. Contracting services privately was
discussed.
ISSUE: What should the City do about the police facilities?
R1 was eliminated. deProsse reported on the meeting held
by the Advisory Committee on City -County Detention and
Law Enforcement Facility (Berlin, Hughes, Dooley, Sehr,
Miller, Edmonds, deProsse, White) concerning the involve-
ment of the City in the new jail facilities. Their
consensus was to pursue a joint facility. They agreed to
wording in #3 be changed from 'park land to open space
so that #3 and #4 could be compared.
ISSUE: What policy should the City adopt towards annexation?
The City Manager pointed out that the staff will be
looking into this issue. #3 was eliminated. It was
suggested that a plan used in New York be considered.
They pledge services within a certain time frame, scheduled
in a capital improvements program.
ISSUE: What methods should the City require to protect incompatible
land uses in relatively close proximity?
#1 and #2 will be compared.
ISSUE: al areas be increased without
How can densities of residenti
adversely affecting residents?
All alternatives will be looked at.
ISSUE: How should the City use topography, soils, water, distance
from core areas, utilities, trafficways and vegetation as
locational criteria in Planning and Zoning?
• Ineal Meeting
August 22, 1977
Page 3
ask County Atty. Dooley if a two-part referendum could be
to the County
held. One referendum would be submitted
on a 1.9 million dollar bond ussue
residents to vote
whether or not to build a new county jail. Attorney
distributed. The
Dooley has issued an opinion which was
bond counsel's opinion will be sought. The goal is to
have the referendum at the City election November 8th.
the use of County
There are a number of ways to explore
legal will look at alternatives. These issues
land, and
should be settled before the election. The City staff
this issue.
should not study any of the alternatives on
ISSUE: How should library facilities be improved?
#1 was eliminated, and all of #3 except inclusion of
branch library, was eliminated.
'
ISSUE: How much recreation equipment and facilities should the City
provide?
#2 and #4 were eliminated.
ISSUE: How should community facilities be jointly developed?
No changes.
to include provision
ISSUE: Should the Ci t
for a special zoamnd neefortallzpark9lands?ante
Kraft explained the purpose of the zone, three Council -
asked that the
embers were not in favor. Geshwiler
wording in #3 be changed from 'park land to open space
so that #3 and #4 could be compared.
ISSUE: What policy should the City adopt towards annexation?
The City Manager pointed out that the staff will be
looking into this issue. #3 was eliminated. It was
suggested that a plan used in New York be considered.
They pledge services within a certain time frame, scheduled
in a capital improvements program.
ISSUE: What methods should the City require to protect incompatible
land uses in relatively close proximity?
#1 and #2 will be compared.
ISSUE: al areas be increased without
How can densities of residenti
adversely affecting residents?
All alternatives will be looked at.
ISSUE: How should the City use topography, soils, water, distance
from core areas, utilities, trafficways and vegetation as
locational criteria in Planning and Zoning?
• Oormal Meeting
August 22, 1977
Page 4
Perret asked that N8 be added: Develop a set of criteria
to evaluate the City's critical areas. There were no
objections.
ISSUE: What policy should the City adopt towards the existence of
land uses with obsolete locations?
No change.
How should new multi -family housing be provided?
N4 was eliminated.
What should the City do to encourage provision of lower-cost
housing?
Leave all alternatives in. It was suggested that the
City not set standards more stringent than those required
by State and Federal standards. Geshwiler pointed out
that a requirement that a percentage of lots in a mobile
home park be for sale instead of rent had been researched
by the Legal Department, and this is not possible. The
1 memo will be provided. It was stated that N5 could
include public housing.
AMENDMENT TO CAMPAIGN FINANCE ORDINANCE
Perret asked for the status of the amendment to the campaign finance
ordinance for ballot issues. The memo in the packet was discussed.
Perret, suggested using .the same type of criteria used for lobbyists.
one,question was in regard to the application of the provision if Council
,pursues an issue. Attorney Hayek advised that if Council wants an
Ordinance, their department will draft it, Council can then debate,
amend and vote on it. He will investigate and report.
%EXECUTIVE SESSION
Moved by Foster, seconded by Selzer to adjourn to executive session for
discussion of property acquisition and collective bargaining. Upon roll
call Balmer, deProsse, Foster, Perret, Selzer and Vevera votes 'aye'..
Motion carried, 6/09 Neuhauser absent. Mayor Pro tem deProsse presiding.
Staffinembers present: Berlin, Stolfus, Hayek, Showalter, Kraft, Higdon,
;Schreiber, Morgan and Parks and Recreation Chairman Stockman. Moved by
Perret, seconded by Foster, to amend the motion to adjourn to include
{, discussion of contract negotiations with University Heights. Motion
carried, 6/0; 4:15 P.M. Moved by Foster, seconded by Perret, to adjourn
the; executive session to 7:15 P.M. on August 23, 1977, for further
discussion. Upon roll call Balmer, deProsse, Foster, Perret, Selzer and
Vevera voted 'aye'. Motion carried, 6/0, Neuhauser absent. 5:30 P.M.
0
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
AUGUST 10, 1977 -- 3:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Goedken, Conlin, Dickens, Fowles
MEMBER ABSENT: McBride
STAFF PRESENT: Schmeiser, Ryan, McKean, Child
FORMAL ACTION TAKEN:
1. To approve the request submitted by Mr. John J. Deninger, V-7705, to amend
the original application as submitted to establish Triangle Place and the
south twenty-five (25) feet of Lot 10 of Triangle Place Addition as an
officially approved place contingent upon the following conditions:
(1) that Lot 10 of said addition would not be developed;
(2) that Triangle Place would be kept open to traffic at all times during
construction; and
(3) that a house constructed on Lot 9 in said subdivision be located no
further north than the house immediately to the west of said lot.
2. To approve V-7711, application submitted by Old Brick Associates for a
variance in Section 8.10.25A.16(a) of the Zoning Ordinance to reduce the
required number of parking spaces for a use at 26 E. Market Street subject
to the following stipulations: (1) that one parking space -be provided for
each 100 square feet of designated office space and one parking space for
each 1000 square feet of storage/warehouse space and public corridors, and
(2) that a written document which is mutually acceptable to the applicant
and the City be secured from any other party willing to provide additional
parking space. The motion was based on the fact that the situation faced
by Old Brick Associates is unique (it is the second oldest building in Iowa
Cit and has historical si nificance) that the application of the ordinance
y g ,
to the property would greatly decrease the value of the property, and that
the general appearance of the neighborhood will not change as a result of
granting the variance.
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
Chairman Goedken called the meeting to order and asked if there were any additions
or corrections to the minutes of the meeting held on July 13, 1977. A motion was
made by Dickens, seconded by Conlin, to -approve the minutes as written. The
motion carried unanimously.
V-7705 Review of an application submitted by Mr. John J. Deninger for a variance
,,, Rnrt;n„ R 1n '4A AR of the 7.n Ordinance to establish Triangle Place and the
of Triangle Place Addition as an
ace
Chairman Goedken explained that an amendment to the application for a variance
had been submitted by Mr. John J. Deninger. The original request was amended in
the following manner:
3590 ;` I
I.
•
0
(1) To establish Triangle Place and the south 25 feet of Lot 10 of the Triangle
Place Addition as an officially approved place;
(2) That only Lot 9 be authorized for development; and
(3) That Triangle Place would be accessible at all times during the construction
period of Lot 9, and during the construction period of Lot 11. 1.
Don Schmeiser, Senior Planner, gave an overlay presentation and explained the
proposed changes. Jon Kinnamon, attorney from Cedar Rapids representing the
applicant, stated that the City was not interested in obtaining the property for
park land. The amendment, he said, was a compromise which would allow Mr. Deninger
some return for his investment. The purpose of the amendment to the original
request is to permit RIB development of Lot 9 which would become a corner lot
and would front on an 'officially approved place" if the variance were granted.
Mr. Kinnamon also stated that the purpose of the amendment is to have Lot 10
remain undeveloped in order to comply in part with the wishes of the objectors
who were opposed to the original request for a variance. Pointing out that the
character of the neighborhood would remain virtually unchanged and that Mr.
Deninger should have the right to derive benefits for the highest and best use
of the land which the zone allows, Mr. Kinnamon urged favorable consideration by
the Board.
Tom Cilek, attorney representing the objectors to the application, stated that
the amendment seemed better than what had previously been proposed, however, he
asked that the Board defer action until he could discuss the matter with those
who had objected to the original proposal. He questioned how future development
of Lot 10 would be prevented. Schmeiser stated that prevention of future.develop-
ment on Lot 10 could be made a condition of the variance which would be legally
binding. .
Cilek suggested the possibility of having Lot 10 donated to the City, and he
questioned whether people in the area had proper notice of the amendment. Mr.
John Ramsey, 5 Triangle Place, noted that the property owner of Lot 8 was not t:
presentand.stated that "the owner.would have the most to gain or lose by the
granting of the variance." r
Ed Norris, 6 Triangle Place, objected to the proposed request and stated that the
street is already too narrow and additional residences would cause overcrowded
conditions which would adversely affect the value of his property. He particularly
objected to the south 25' of Lot 10 being established as an officially approved
place.
Goedken questioned what would happen to Lot 10 in the future. Mr. Kinnamon
responded that the possibility of dedication to the City had been discussed as
well as the possibility of selling Lots 10 and 11 together. For the present,
Mr. Kinnamon said, the applicant would agree to have Lot 10 remain as open space.
Cilek suggested that a restrictive covenant should be recorded so that Lot 10
could not be built upon in the future. Board member Fowles questioned whether
a condition of a variance might be lost over the years and questioned whether
it could be made legally binding. She suggested that the Legal Staff be given
additional time to check into the legal aspects of a condition or a covenant.
She, therefore, moved that consideration of V-7705, application submitted by
Mr. John J. Deninger for a variance, be deferred until the Legal Staff could
provide counsel to the Board. The motion died for lack of a second.
-3-
0
A motion was made by Conlin, seconded by Dickens, to approve the request submitted
by Mr. John J. Deninger, V-7705, to amend the original application as submitted
to establish Triangle Place and the south twenty-five (25) feet of Lot 10 of
Triangle Place Addition as an officially approved place contingent upon the
following conditions:
(1) that Lot 10 of said addition would not be developed;
(2) that Triangle Place would be kept open to traffic at all times during
construction; and
(3) that a house constructed on Lot 9 in said subdivision be located no further
north than the house immediately to the west of said lot.
Fowles questioned whether the City Staff had sufficient time to review the
amendment. Schmeiser responded that the amendment had been received just prior
to the meeting and noted that while the Staff had initially recommended approval
of the application, there was a concern as to the adverse effect of the public
interest. The proposed amendment may have less of an adverse effect than the
original application. Angie Ryan, Assistant City Attorney, questioned whether
prohibition of construction on Lot 10 could be made legally binding.
Cilek stated that the issue of public interest should be based on the surrounding
area rather than the community at large. He indicated that it had not been
sufficiently demonstrated that: (1) the applicant cannot realize a reasonable
return from his property in its present state, (2) the situation is unique, and
(3) the variance would not alter the character of the neighborhood. Board member
Conlin felt the three criteria had been met and stated that the land is not
presently used at its highest and best use. He also noted that development
would add to the community's tax base.
Fowles asked for a clarification of "public interest." Andy McKean, Legal Intern,
stated that public interest is meant to include the local area, not the community
at large. The zone of an area should have a direct bearing on public interest,
Kinnamon said. He also pointed out that if the variance is not granted, Mr.
Deninger would not be able to develop any of the property and this would be a
hardship.' As it is, Kinnamon said, Lot 10 is being sacrificed in an attempt to
accommodate the diverse interests in the area. Fowles again questioned whether
the prevention of building on Lot 10 could be made legally binding.
A vote was taken: Conlin -yes; Dickens -yes; Fowles -no; Goedken-yes. The variance
was granted.
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Mr. John Nolan, attorney representing the proponents of Old Brick Associates,
maintained that the primary issue before the Board was a question of unique
hardship. When Old Brick Associates was in litigation, six days of testimony
was heard about why that property was unique. A unique hardship is addressed
within the aesthetic character and heritage of Old Brick itself, Nolan said.
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The following people spoke in favor of the variance:
M
1. Joseph E. Baker, 30 S. Governor
2. Emil Trott, 331 S. Summit
3. Robert Dykstra, 314 S. Summit
4. Robert Alexander, 718 E. Davenport
S. Frank Wagner, 325 N. Dubuque
6. Frederick W. Dean, Division of Historic Preservation, Iowa State Historical
Dept., 26 E. Market Street.
Letters of support for the variance were received from:
1. Elizabeth L. Burge, 57 Olive Ct.
2. Andrea Hauer, 1015 Oakcrest, Apt. 2-I, and
3. Adrian D. Anderson, Director, State Historic Preservation Officer, 26 E.
Market Street.
No one spoke against the requested variance.
Following are some of the reasons given for favoring the proposed variance:
1. When preservation "has come this far, it would be a grotesque tragedy" to
threaten the existence of this structure by not approving the variance.
4: "... for want of two parking spaces the precious historic heritage of this
community, this state, and indeed of this nation will be diminished by one
120 -year old church edifice."
3. If office space in the church can't be rented to the Iowa Historical
Department's Division of Historic Preservation, then the church will not
survive.
4. The site is unique from the standpoint that it is the only property within
an area where north, west and east, land owned by the University of Iowa
is not compelled to comply with the City's parking requirements.
4
6.
The circumstances surrounding Old Brick are no longer controversial and the
University of Iowa has offered University parking as additional parking space
for other possible tenants in the building. (A copy of a letter from
Edward H. Jennings, Vice President for Finance and University Services,
University of Iowa, is attached to these minutes.)
Old Capitol and Old Brick are the only remaining public buildings as
.monuments of early Iowa history and people in the community have already
given much time, money and effort to preserve these symbols of political
and spiritual values.
7. The property would provide the Division of Historic Preservation with a
permanent symbolic home and allow the Division to remain in Iowa City rather
than relocate in Des Moines.
B. The Division of Historic Preservation does not need all the parking spaces
that the Zoning Ordinance requires.
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9. "The adaptive reuse of the structure will increase the tax base of Iowa City
by removing it from its former classification as a Public/Institutional
Property (Church)."
10. "From the point of view of the amount of energy used, it is more economical
to remodel already existing structures than to tear down and build new ones."
11. Parking space needs should be reevaluated in light of increasing emphasis
on saving energy by walking, riding bicycles and the bus and driving smaller
cars.
Chairman Goedken questioned how many parking spaces would be provided if all the
greenery, would be removed. Mr. Wagner responded that 28 parking spaces could be
provided. Schmeiser pointed out that the City Council at a meeting held August
9, 1977, adopted an ordinance which revised several parking requirements. Uses
with storage and warehouse areas would now require one parking space per 1000
square feet of floor area, he said. Old Brick would therefore only need 16 parking
spaces, however, no parking in the front yard is permitted in an R3B Zone. Nolan
stated that neither Old Brick nor the University of Iowa favored annihilation of
the green area. Mr. Wagner indicated that Old Brick Associates could provide 15
parking spaces without disturbing the green area.
Ryan and Schmeiser explained that parking spaces are based on use ... rather than
ownership and the church would be construed as an office use in an R3B Zone. As
a paint of clarification, Schmeiser pointed out that the variance was not
requested for permitting parking in the front yard. Any existing parking space
in the front yard would have to revert back to green space, he said. Fowles
a ' noted that the Division of Historic Preservation would have to come back before
the Board of Adjustment to request another variance should they wish to expand
their office space.
A motion was made by Dickens, seconded by Conlin, to approve V-7711, application
submitted by Old Brick Associates for a variance in Section 8.10.25A.16(a) of
the Zoning Ordinance to reduce the required number of parking spaces for a use
at 26 E. Market Street subject to the following stipulations: (1) that, one
parking space be provided for each 100 square feet of designated office space
and one parking space for each 1000 square feet of storage/warehouse space and
public corridors, and (2) that a written document which is mutually acceptable to
the applicant and the City be secured from any other party willing to provide
additional parking space. The motion was based on the fact that the situation
faced by Old Brick Associates is unique (it is the second oldest building in Iowa
City and has historical significance), that the application of the ordinance to
the property would greatly decrease the value of the property, and that the general
appearance of the neighborhood will not change as a result of granting the variance
A vote was taken: Conlin -yes; Dickens -yes; Fowles -yes; Goedken-yes. The variance
was granted.
The meeting adjourned.
Prepared by
Approved by