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Home My WebLink About1978-04-11 Council MinutesP -I; �KJ!:L'4. by JORM MICkULAb t,LDAR RAi'IoJ %+;iu ,�L.. .. �.. ,.. MINUTES OF OFFICIAL ACTIONS OF COUNCIL APRIL 11, 1976 The cost of publishing the following proceedings & claims is $ . Cumulative cost for this cal- endar year for said publication is $ Iowa City Council, reg. mtg., 4/117-7-877'.-M PM, at Civic Center. Councilmembers present: Balmer, Erdahl, Neuhauser, Perret, Roberts, Vevera, deProsse (after 9:00 PM). Mayor Vevera presiding. Mayor Vevera proclaimed the week of April 16-22 as Host Family Week. Moved by Balmer, seconded by Neuhauser that the following items & recomm. in Consent Calendar be received, or approved, and/or adopted as presented: Approval of Off. Actions, reg. Council meeting, 3/28/78, subj. to correction, as recomm. by City Clerk. Minutes of Bds. & Commissions: Joint Comp. Plan Coord. Comm./Planning & Zoning Comm. - 3/2/78; Bd. of Adjustment -3/8/78; P&Z Comm. - 3/21 & 3/23/78; Bd. of Appeals -4/6/78. Correspondence: Referred to City Mgr. for reply: Annette Lilly, Chrp. Design Review Comm., re construction of bus shelter; Univ. of Ia. Opera Theatre re permission for banner display for Hancher Auditorium. Affirmative roll call vote unanimous, 6/0, deProsse absent. Moved by Balmer, seconde-8O d27Robrts to adopt RES. 78-124, Bk. 46, pp. REVISED PREL. & FINAL LARGE SCALE NON -RES. DEV. PLAN OF SOUTHWAY PARK. Affirmative roll call vote unanimous, 6/0, deProsse absent. Moved by Roberts, seconded by Balmer to adopt RES. 78-125, Bk. 46, pp. 279-280, TO APPROVE FINAL PLAT OF BARKER'S 2ND ADDN. Affirmative roll call vote unanimous, 6/0, deProsse absent. Moved by Roberts, seconded by Balmer to adopt RES. 78-126, Bk. 46, pp. 281-282, TO APPROVE FINAL PLAT OF BARKER'S 1ST ADDN. Affirmative roll call vote unanimous, 6/0, deProsse absent. Public Hearing was held on the proposed Compre- hensive Plan Map & Report for Iowa City. Several changes and suggestions from the Comprehensive Plan Coord. Comm. & Planning & Zoning Comm. were pointed out by Chrp. Richard Blum. Citizens appearing included: Vic Edwards, John Kammermey- er, Bill Gilpin, Ocie Trimble, Debra Wolraich, Jeff Schabilion, Helen Marlas, Sam Fahr, Duane Bolton, Bill Meardon'Resources Conserv. Commr. Ira Bolnick, Atty. Don Hoy, John Morrissey, (Councilwoman deProsse present, 9:00 P.M.); Charles Ruppert, Leo Brachtenbach, & Vic Edwards. Moved by Perret, seconded by Erdahl to accept corres- pondence from Don Slothower, re zoning & location of FW518; petition from area residents re zoning .�f. MlCmnl ILMD By JO RM MIC ROL A B ;L)I,o by JURM MlCkOLAb LLOAt< kAl'ij� AIw vL. , . ^ in Mayflower Apts. area on N. Dubuque; John Daniel, Pres. Business Dev. Inc., re recommendations for their area; Charles Barker, Hawkeye Real Estate Investmt. Co., re area in SW corner of Interstate 80 & Hwy. H1; and correspondence listed previously relevant to the public hearing and Comprehensive Plan. Motion carried, 7/0, unanimously. Mayor Vevera announced that the vacancies on the Housing Commission would be readvertised. Moved by Neuhauser, seconded by Perret to reap- point Robert Ogeson & Ernest Lehman to the Plan- ning & Zoning Comm., terms expiring 5/1/83. Motion carried unanimously, 7/0. Moved by Neu- hauser, seconded by Roberts to appoint Harold Franklin to Board of Appeals for term expiring 12/31/78. Moved by Roberts, seconded by Perret to appoint Paul Kent as Public Representative on the Board of Examiners of Plumbers, term expir- ing 12/31/79. Moved by Balmer, seconded by Roberts to adopt RES. 78-127, Bk. 46, pp. 283-284, APPROVING PLANS, SPECS., FORM OF CONT. & ESTIMATED COST OF CONSTRUC- TION OF BRIDGE IMPR. PROJECT, ESTABLISHING AMT. OF BID SECURITY & DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS & FIXING 5/10/78 AS DATE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Neuhauser, seconded by Perret to adopt RES. 78-128, Bk. 46, pp. 285-286, APPROVING THE FY 1979 MUNICIPAL BUDGET. Upon roll call, deProsse, Erdahl, Neuhauser, Perret voted 'aye', Vevera, Balmer & Roberts voted 'no'. Motion carried 4/3. Moved by Balmer, seconded by Erdahl to adopt RES. 78-129, Bk. 46, p. 287, AMENDING 1978 BLOCK GRANT BUDGET BY DELETING ACQUISITION OF THE HAYEK TRACT. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Perret, seconded by Neuhauser to adopt RES. 78-130, Bk. 46, pp. 288-289, AUTHORIZING MAYOR TO EXECUTE AN AMENDMENT TO CONTRACT WITH VEENSTRA & KIMM FOR REDESIGN OF RIVER CORRIDOR SEWER PROJECT. Upon roll call, deProsse, Erdahl, Neuhauser, Perret, Vevera & Balmer voted 'aye', Roberts voted 'no'. Motion carried, 6/1. City Atty. Hayek recommended deferral of Res. Awarding Contract for City Plaza Project for his review of the bids. Moved by deProsse, seconded by Neuhauser that the Res. be deferred for one week. Motion carried unanimously, 7/0. Moved by Perret, seconded by Erdahl that the ORDINANCE ESTABLISHING A HOUSING OCCUPANCY & IIILR01101h) By DORM MICRmLAB IICROLAB CEDAR RAI, IJ�) A11D JL CODE be considered and given 1st vote Motion carried unanimously. After If rent escrow provision concerns, roll call vote unanimous, 7/0, all yrs present. deProsse, seconded by Erdahl that the 1OHIBITING SMOKING IN DESIGNATED PLACES f be considered and given 2nd vote for )tion carried, 5/2, Balmer & Vevera . Upon roll call, Neuhauser, Perret, Prosse & Erdahl voted 'aye', Vevera & d 'no'. Motion carried, 5/2. Balmer, seconded by Perret to adjourn, Motion carried unanimously, 7/0. omplete description of Council activ- file in the office of the City Clerk. s/ROBERT A. VEVERA, MAYOR iLFUS, CITY CLERK 4/25/78 or publication on 4/?0/7$ MICRO[ W110 By JORM MICR¢LA6 rcu L:'!LJ 8Y JORM MICRULAB LLUAk kAPIJ�) Ahb 01� MINUTES OF OFFICIAL ACTIONS OF COUNCIL MARCH 28, 1978 The cost of publishing the following proceedings & claims is $ . Cumulative cost for this cal- endar year for said publication is $ Iowa City Council, reg. mtg., 3/28/78, 7:30 P.M., at Civic Ctr. Councilmembers present: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. Mayor Vevera presiding. Moved by Perret, seconded by deProsse, that the following items & recomms. in Consent Calendar be received, or approved, and/or adopted as presented: Approval of Off. Actions, reg. Council mtg., 3/14/78, subj. to correction, as recomm. by City Clerk. Minutes of Bds. & Comms.: Design Review Comm. -3/15/78; P & Z Comm. -3/9/18; Bd. of Adjustment -12/19/77; Parks & Rec. Comm. - 3/8/78; Comp. Plan Coord. Comm. -2/22/78; United Action Youth Bd.-3/8/78; Library Bd.- 2/23 & 3/9/78. Permit Res. recomm. by City Clerk, Bk. 46: Res. 78-103, P. 210, Approving Class C Liquor License & Res. 78-104, p. 211, Sunday Sales for Towncrest Inn, Ltd., 1001 Arthur. Setting Public Hearings, Bk. 46: Res. 78- 105, p. 212, on Plans, Specs., etc. for Bridge Improvement Program for 4/4/78. Res. 78-106, p. 213, second public hearing on budget estimate for FY 79, as it exceeded a, 77 increase, for 4/4/78. Correspondence referred to City Mgr. for reply: Judith Felder & John Thompson re no - smoking ord. Edna Franz re City land use. Loren Hickerson, various topics. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Mayor Vevera announced the public hearings set out above. Moved by deProsse, seconded by Neu- hauser, to set a public hearing 4/18/78 on re- zoning for Wagner -Murphy Foundation tract from A2 - County Resort to City M1 & C1 Zones. Motion carried, 7/0. Moved by deProsse, seconded by Perret, that the ORD. AMENDING ZONING CODE OF IOWA CITY, BY ADDING DEFINITION OF ELDERLY HOUSING AND SPECIAL CONDI- TIONS FOR ELDERLY HOUSING IN CB ZONE TO SEC. 8.10.3 & 8.10.19, be considered and given 2nd vote for passage. Motion carried unanimously. Affirma- tive roll call vote unanimous, 7/0, all Councilmem- bers present. :41 CRUZ ILMI II BY DORM MICR6LAB "Ii�rWr :Liles 6Y JURM 1,11LHULAb LLDAR r;Ai'iJJ Ai40 I)L Public Hearing was held on proposed ORD. ESTAB- LISHING A HOUSING OCCUPANCY AND MAINTENANCE CODE. Citizens appearing included: Ira Bolnick & at reopened hearing later in the meeting: Larry Svoboda, Bob Johnston, Dick Osterman. Public Hearing was held on proposed lease agree- ment re property leased by USA at Iowa City Air- port for Army Reserve Ctr. Moved by deProsse, seconded by Perret, to reap- point Nancy Seiberling as Trustee of the GREEN fund, as recomm. by Project GREEN. Motion carried unanimously. Moved by Balmer, seconded by Perret, to adopt RES. 78-107, Bk. 46, p. 214-216, DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES ISSUANCE OF 17 TAXICAB CERTIFICATES for Yellow Checker and Super Cab Cos. Affirmative roll call vote unani- mous, 7/0, all Councilmembers present. Moved by Balmer, seconded by Roberts, to adopt the RES. AUTHORIZING ACCEPTANCE OF GRANT OFFER FROM USA RELATING TO PREPARATION OF MASTER PLAN STUDY OF AIRPORT. Airport Commissioners Caroline Embree, Gary Bleckwenn, & Jan Redick appeared. After discussion, it was moved by deProsse, and seconded by Erdahl, to table the Res. until resolu- tion of the matters questioned, no later than 4/12. Roll call: Ayes: Perret, deProsse, Erdahl, Neuhauser. Nays: Roberts, Vevera, Balmer. Motion carried 4/3. Moved by Neuhauser, seconded by deProsse, that the City Mgr. be directed to take action to check if an extension of the dead- line was possible, and to investigate the procedures that can legally be taken. Upon roll call, Vevera, deProsse, Erdahl, Neuhauser & Perret voted 'aye.' Roberts & Balmer voted 'no.' Motion carried, 5/2. Moved by Neuhauser, seconded by deProsse, to table the RES. AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND L. ROBERT KIMBALL & ASSOCS. FOR IOWA CITY AIRPORT MASTER PLAN STUDY. Roll call: Ayes: Vevera, deProsse, Erdahl, Neuhauser, Perret. Nays: Balmer, Roberts. Motion carried, 5/2. Moved by Balmer, seconded by Neuhauser, to adopt RES. 78-108, Bk. 46, pp. 217-223, AUTHORIZING MAYOR TO EXECUTE AN AGREEMENT FOR S. GILBERT ST. RELOCATION WITH IOWA DEPT. OF TRANSPORTATION, (M- 4051(1)--81-52; Agreement H78 --F-040). Affirma- tive roll call vote unanimous, 7/0, all Council - members present. lf� MICRO[ ILld10 By JORM MICROLA6 I•':iui<Ur iL:•iLu by JORM MICkULAb CLUAR kAPIUi ANU uu n Moved by deProsse, seconded , ed226Balmer, to adopt RES. 78-109, Bk. 46, pp. OF- FICIAL MUNICIPALITY REPORT FOR STREET CONSTRUCTION PROGRAM. Affirmative roll call vote unanimous, 6/0, Councilman Erdahl absent from the room. Movedby Balmer, seconded by2deProsse, Ito OVER - WIDTHRES. 78-110, Bk. 46, pp. WIDTH PAVING AGREEMENT IN PEPPERWOOD, PART I. Affirmative roll call vote unanimous, 6/0, Erdahl absent from the room. Movedby Balmer, seconded by deProsse, to adopt RES. 78-111, Bk. 46, pp. 229-230, APPROVING OVER - WIDTH PAVING AGREEMENT IN PEPPERWOOD, PART II. Affirmative roll call vote unanimous, 6/0, Erdahl absent from the room. Moved by deProsse, seconded by Balmer, to defer the Res. approving overwidth paving agreement for resubdivision of lots 1-24 of Pepperwood, Parts I & II. Motion carried unanimously. Councilman Erdahl returned to the meeting. Moved by deProsse, seconded by Perret, that the ORD. AMENDING ORD. 77-2835 BY PROVIDING FOR DESIG- NATION OF COMMERCIAL VEHICLES & CLARIFYING TIME LIMITATIONS FOR LOADING OR UNLOADING IN CERTAIN LOADINGZONES BY REPEALING SEC. 6.15.03.A & 6.01.09 of ORD. 77-2835 & ENACTING NEW PROVISIONS IN LIEU THEREOF be considered and given 2nd vote for passage. Motion carried unanimously. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. City Atty. Hayek recomm. starting with the 1st consideration of the new draft of the ORD. PROHIBIT- ING SMOKING IN DESIGNATED PLACES IN IOWA CITY; REQUIRING ENFORCEMENT BY PERSONS HAVING CONTROL OF THE PREMISES, & PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS. Moved by Perret, seconded by Erdahl, that the above ordinance be considered and given 1st vote for passage. Citizens appearing were: Stan Blum, Carol Freedman, and Jerry Full. Moved by Neuhauser, seconded by deProsse, to amend the Ord. by deletion of Sec. 7, Penalty on Viola- tion. Motion carried unanimously, 7/0. Motion carried to consider, 5/2, Vevera & Balmer voting 'no.' Roll call on 1st vote for passage, Roberts, deProsse, Erdahl, Neuhauser, Perret voting 'aye.' Vevera & Balmer voting 'no.' Motion carried, 5/2. MIC.Ron L1410 By 1 JORM MICR6LA6 Mt, tUi1C4LU BY JORM MICROLAB LLUAR RAVWS ANL JLC Moved by deProsse, seconded by Balmer, to adjourn the meeting, 9:45 PM. Motion carried unanimously, 7/0. A more complete description of Council Activities is on file in the office of the City Clerk. s/ROBERT A. VEVERA, MAYOR s/ABBIE STOLFUS, CITY CLERK 4/11/78 Submitted for publication on 4/6/78. ;UCROE ILMED 6Y JORM MICR6LA9 ;i-MLu BY JORM MICROLAB LLUAk RAViL)b Allll COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MARCH 28, 1978 7:30 P.M. Iowa City Council, reg. mtg., 3/28/78, 7:30 P.M., at Civic Ctr. Council - members present: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. Absent: None. Staffinembers present: Berlin, Hayek, Stolfus, Schreiber, Kucharzak. Mayor Vevera presiding. Minutes recorded on Reel H78-9, Side 1, 73-1710. Moved by Perret, seconded by deProsse, that the following items & recomms. in Consent Calendar be received, or approved, and/or adopted as presented: Approval of Off. Actions, reg. Council mtg., 3/14/78, subj. to correction, as recomm. by City Clerk. Minutes of Bds. & Comms.: Design Review Comn.-3/15/78; P & Z Comm. -3/9/78; Bd. of Adjustment -12/19/71; Parks & Rec. Comm. -3/8/78; Comp. Plan Coord. Comm. -2/22/78; United Action Youth Bd.-3/8/78; Library Bd.-2/23 & 3/9/78. Permit Res. recomm. by City Clerk, Bk. 46: Res. 78-103, p. 210, Approving Class C Liquor License & Res. 78-104, p. 211, Sunday Sales for Towncrest Inn, Ltd., 1001 Arthur. Setting Public Hearings, Bk. 46: Res. 78-105, p. 212, on Plans, Specs., etc. for Bridge Improvement Program for 4/4/78. Res. 78-106, p. 213, second public hearing on budget estimate for FY 79, as it exceeded a 7% increase, for 4/4/78. Correspondence referred to City Mgr. for reply: Judith Felder & John Thompson re no -smoking ord. Edna Franz re City land use. Loren Hickerson, various topics. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Mayor Vevera announced the public hearings set out above. Moved by deProsse, seconded by Neuhauser, to set a public hearing 4/18/78 on re- zoning for Wagner -Murphy Foundation tract from A2 -County Resort to City M1 & C1 Zones. Motion carried, 7/0. This property is adjacent to south- erly City limits and on east side of Hwy. 218. P&Z Comm. recomm. approving prel. & final plat for resubdivision of Lots 1-24 Pepperwood Addn., Parts 1 & 2 was noted. ;d II: NUI ILIdfU By DORM MICROLAS +:.wnl; :L`',1, BY JURM MICkULAB LL'jAtl kAl',J'� ,;ilu uL Council Activities March 28, 1978 Page 2 Moved by deProsse, seconded by Perret, that the ORD. AMENDING ZONING CODE OF IOWA CITY, BY ADDING DEFINITION OF ELDERLY HOUSING AND SPECIAL CONDITIONS FOR ELDERLY HOUSING IN CB ZONE TO SEC. 8.10.3 & 8.10.19, be considered and given 2nd vote for passage. Motion carried unani- mously. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Public Hearing was held on proposed ORD. ESTABLISHING A HOUSING OC- CUPANCY AND MAINTENANCE CODE. Citizens appearing included: Ira Bolnick, 525 Iowa Ave., & at reopened hearing later in the meeting: Larry Svoboda, 9 Wellesley Way; Bob Johnston, 416 Koser; Dick Osterman, 632 S. Dodge. Public Hearing was held on proposed lease agreement re property leased by USA at Iowa City Airport for Army Reserve Ctr. City Atty. Hayek in- formed Airport Comm. Caroline Embree that this lease was necessary to complete the Hwy. 218 widening project. Moved by deProsse, seconded by Perret, to reappoint Nancy Seiberling as Trustee of the GREEN fund, as recomm. by Project GREEN. Motion carried unanimously. Councilman Balmer requested a sched. of the vacating of the Clinton St. modulars. He pointed out an error in Dietz memo re Corridor Sewer, de- scribing location. City Mgr. Berlin advised that it was on Capitol be- tween the railroad overpass and Benton. Councilwoman Neuhauser called attention to the Police Chief Miller's memo re adoption of animals, and suggested that the policy be made clear. Berlin stated that adoption is not encouraged. Neuhauser also asked for information on the Urban Revitalization Bill from the Governor, to discuss at informal session. Councilman Perret reported on the meeting held Sat. with area legisla- tors Small & Hargrave, where bills re Collective Bargaining, Road Use Tax Increase, Open Meetings Law and Hotel -Motel Tax were discussed. An April 21st meeting will be held for input on proposals for the next legis- lative session. Councilman Erdahl related problems of Moped owners con- cerning parking. He also advised that a panel discussion would be held on 3/29 at 7 P.M. on the implications of the sexual abuse provisions of the new criminal code. Moved by Balmer, seconded by Perret, to adopt RES. 78-107, Bk. 46, p. 214-216, DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES ISSUANCE OF 17 TAXICAB CERTIFICATES for Yellow Checker and Super Cab Cos. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by Roberts, to adopt the RES. AUTHORIZING ACCEPTANCE OF GRANT OFFER FROM USA RELATING TO PREPARATION OF MASTER PLAN STUDY OF AIRPORT. Airport Commissioner Caroline Embree appeared objecting to various provisions in the study & application for grant. „J; �NI UtU(ILI ll.O DY JORM MICROLAB r•1,LiWr iL.icu by JORM 1.11CkULAb LLDAr( kAY 1 u', 1flr, JL Council Activities March 28, 1978 Page 3 Comm. Chrm. Gary Bleckwenn favored application for grant for Master Plan Study. Comm. Jan Redick suggested asking for extension of 4/12 dead- line. After discussion, it was moved by deProsse, and seconded by Erdahl, to table the Res. until resolution of the matters questioned, no later than 4/12. Roll call: Ayes: Ferret, deProsse, Erdahl, Neuhauser. Nays: Roberts, Vevera, Balmer. Motion carried 4/3. Moved by Neuhauser, seconded by deProsse, that the City Mgr. be directed to take action to check if an extension of the deadline was possible, and to investigate the procedures that can legally be taken. Upon roll call, Vevera, deProsse, Erdahl, Neuhauser & Perret voted 'aye.' Roberts & Balmer voted 'no.' Motion carried, 5/2. Moved by Neuhauser, seconded by deProsse, to table the RES. AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND L. ROBERT KIMBALL & ASSOCS. FOR IOWA CITY AIRPORT MASTER PLAN STUDY. Roll call: Ayes: Vevera, deProsse, Erdahl, Neuhauser, Perret. Nays: Balmer, Roberts. Motion carried, 5/2. Bob Johnson asked for a reopening of the public hearing on the proposed Housing Occupancy and Maintenance Code, which was granted by Council. Citizens who appeared are listed under the earlier descriptive paragraph. Moved by Balmer, seconded by Neuhauser, to adopt RES. 78-108, Bk. 46, pp. 217-223, AUTHORIZING MAYOR TO EXECUTE AN AGREEMENT FOR S. GILBERT ST. RELOCATION WITH IOWA DEPT. OF TRANSPORTATION, (M-4051(1)--81-52; Agree- ment a78 --F-040). Affirmative roll call vote unanimous, 7/0, all Council - members present. Moved by deProsse, seconded by Balmer, to adopt RES. 78-109, Bk. 46, pp. 224-226, APPROVING OFFICIAL MUNICIPALITY REPORT FOR STREET CONSTRUC- TION PROGRAM. Affirmative roll call vote unanimous, 6/0, Councilman Erdahl absent from the room. Moved by Balmer, seconded by deProsse, to adopt RES. 78-110, Bk. 46, pp. 227-228, APPROVING OVERWIDTH PAVING AGREEMENT IN PEPPERWOOD, PART I. Affirmative roll call vote unanimous, 6/0, Erdahl absent from the room. City Mgr. Berlin commented that $85,000 had been allocated in FY'78 Budget for overwidth paving, & budget minutes show that Council asked staff to look at alternatives to overwidth paving in the coming year. Moved by Balmer, seconded by deProsse, to adopt RES. 78-111, Bk. 46, pp. 229-230, APPROVING OVERWIDTH PAVING AGREEMENT IN PEPPERWOOD, PART II. Affirmative roll call vote unanimous, 6/0, Erdahl absent from the room. Moved by deProsse, seconded by Balmer, to defer the Res. approving overwidth paving agreement for resubdivision of lots 1-24 of Pepperwood, Parts I & II. Motion carried unanimously. Councilman Erdahl returned to the meeting. t 411 C RUI IL MIU By JORM MICRmLAB N1L1(0i 1C -4U 8Y JURM 14ICRULAB LLUAk I(ANIUJ ANO JLC '�!, ..•.. •• Council Activities March 28, 1978 Page 4 Moved by deProsse, seconded by Perret, that the ORD. AMENDING ORD. 77-2835 BY PROVIDING FOR DESIGNATION OF COMMERCIAL VEHICLES & CLARIFYING TIME LIMITATIONS FOR LOADING OR UNLOADING IN CERTAIN LOADING ZONES BY REPEALING SEC. 6.15.03.A & 6.01.09 of ORD. 77-2835 & ENACTING NEW PROVISIONS IN LIEU THEREOF be considered and given 2nd vote for passage. Motion carried unanimously. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. City Atty. Hayek recomm. starting with the 1st consideration of the new draft of the ORD. PROHIBITING SMOKING IN DESIGNATED PLACES IN IOWA CITY; REQUIRING ENFORCEMENT BY PERSONS HAVING CONTROL OF THE PREMISES, & PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS. Moved by Perret, seconded by Erdahl, that the above ordinance be considered and given 1st vote for passage. Citizens appearing were: Stan Blum, 113 E. Prentiss; Carol Freedman, student, and Jerry Full, 447 Douglas Ct. Moved by Neuhauser, seconded by deProsse, to amend the Ord. by deletion of Sec. 7, Penalty on Violation. Motion carried unanimously, 7/0. Motion carried to consider, 5/2, Vevera & Balmer voting 'no.' Roll call on 1st vote for passage, Roberts, deProsse, Erdahl, Neuhauser, Perret voting 'aye.' Vevera & Balmer voting 'no.' Motion carried, 5/2. Moved by deProsse, seconded by Balmer, to adjourn the meeting, 9:45 PM. Motion carried unanimously, 7/0. ROBERT A. VEVERA, MAYOR ABBIE STOLFUS, CITY CLERK 6IICR01 ILMD) BY 1 JORM MICROLAB r1:Lah iCdiU 8y JORN I.1ICROLAb CLUAr� RAYIo, AiIU OL r. INFORMAL. COUNCIL DISCUSSION MARCH 27, 1978 INFORMAL C011NCIL DISCUSSION: March 27, 1978, 1:00 PM in the Conference Room at the Civic Center. Mayor Pro -tem Balmer presiding. COUNCILMEMBERS PRESENT: Balmer, deProsse (1:10 PM), Perret (1:10 PM), Erdahl (3:00 PM). Absent: Neuhauser, Roberts, Vevera. STAFFMEMBERS PRESENT: Berlin, Stolfus, Schreiber. Others as noted. TAPE-RECORDED on Reel #78-8, Side 2, 1070 to end, & #78-10, Side 1, 1-1060. ZONING APPLICATIONS Schmeiser, Boothroy present. 1070-1435 Pepperwood Addn. Replat I & II Braverman & Victor present. a. Agreement for extension of. Broadway to Iiwy. 6 was distrib- uted for Council review. b. Altho not stamped, the agreement form hasbeen reviewed by the legal staff., and it met with their approval. c. Schmeiser discussed items 3A & 3B in the agreement. d. Legal Dept. will be asked to sort out legal obligations regarding obtaining permission from abutting property owners and role of State Dept. of Transportation. e. It is Council policy to vote separately on access to Highway 6 Bypass. Wagner -Murphy Foundation Atty. Hoy present. a. Staff memo was distributed regarding rezoning & annexation. b. Hoy -applicant is agreeable to rezoning a portion to C, and a portion to M1, with both tracts being annexed. c. Legal dept. has said that the City does not have to provide all services, if land is voluntary annexed. d. Schmeiser-Under the County regulations, you cannot build in the flood plain under any circumstances. Extra -Width Paving-Budgepaving t a. Balmer questioned if Council deleted extra -width allocation from the budget. b. Berlin -this year there is money in the Special Assessment balances, but will check out budget. 1435-2290 COMPREHENSIVE PLAN Hayek, Kraft, Blum, Martzahn present. a. deprosse commented that she would not vote for an inter- change at Melrose for Freeway 518. b. Cooperation by School Board was discussed. c. The wording to the effect that objectives would be met, depending on the financial condition of the City could be in the front of Opr.Budget, along with C.I.P., for emphasis. Page 50, 2.a.1 d. Page 53. Is prioritize a word? Add to Library, "if approved by voter referendum. `^Id UM[ IUCD By DORM MIGR6LA9 "Iil,1(01 iL'4iu by JUkM MICRULAb Page 2 LLJi"< ;(Ar I J., ,A4; J1. � I I . , . '. Informal Council March 27, 1978 COMPREHENSIVE PLAN CONTINUED e. Balmer suggested that Park Dedication be discussed when all Councilmembers were present. f. Page 64. 3.c.3, essentially multi -family. g. Bill in legislature, accessibility not required until 12 units. h. Page 65. Facade Easement, explained by Hayek. i. Page 77. Add to 2,'encourage energy conservation practices by builders & contractors'. j. Sun riohts, prevents building of structures which prevents use of energv source. k. Martzahn will check calculations of acreages on Page 87, to see if Showers Addn. was included. 1. Page 92. Office Space area is 4 blocks on east side of Van Buren St. m. 40 A park opposite Power Dam is on E. side of river in Iowa City property. n. Page 94, deProsse questioned how much longer the sites could be utilized. Figures had previously been given to P&Z regarding Stevens site. o. Page 101, N2, Melrose Ave., tied to 518 issue. Shuttle - bus parking was suggested for. Univ. staff p. Plan will be discussed on April 3rd, for further questions. URBAN RENEWAL AND DESIGN REVIEW COMMITTEE -USE AND REGULATIONS FOR LEASING IN CITY PLAZA Glaves present. 2290 -End a. Glaves-this discussion i7s re what will be allowed in the 10' strip, and how permits will be handled by City Mgr. b. The draft ordinance incorporates general guidelines. Design Review Committee will review applications and recommend to the City Manager prior to issuance of a permit. c. Laurence LaFore and Bob Alexander from Design Review Committee were present. Lafore discussed variation in the front lines of buildings,& preservation & restoration of old existing buildings. Alexander presented slides and commented on architectural points involved. Councilman Erdahl arrived, 3:00 PM. Start of Reel #78-10, Side 1 d. City Mgr. Berlin advised that provisions for regulations not be required in the Ordinance but by Resolution. e. Leases will be voted on by Council. f. Atty. Hayek has reservations about the City's ability to exercise police power & to do design review. g. Discussion -design control/incentives. h. Glaves to draft changes re Council vote to over -ride Design Review recommendations & that guidelines will be adopted by Res. This will be sent out in Friday's packet, with final determination next Monday. i. Zuchelli's suggestion was to give Bailey first option to purchase Dubuque right-of-way, because it abuts his property, if Council decides to sell. j. Freda Hieronymus commented that to get a mortgage, you need to have title to the land, so Council should consider sale of the land for permanent structures. k. Glaves-terms of leases will depend on specific circumstances of what is being done. F111:RUf ILIA CII BV JORM MOCR46LA13 �i<ur iLMiU BY JORM MICkOLAB Page 3 i,LUA� kAVIJb MAD uL1 1 , Informal Council March 27, 1978 BRIDGE REPAIR PROJECT Dietz & Gannon present. 585-850 . Because the State mandated inspection, 33 of the 90 City structures were inspected. b. $895,000 has been budgeted for the 3 large bridge projects and the 20 bridges in this project. c. Locations include: Woolf Avenue -sidewalk -repair & surface. Melrose -deck & sidewalk (RR bridge) repair & surface Benton -over Iowa River, clean & paint Park Road -seal with epoxy, deck & sidewalk Kirkwood -wall repair V>and Road project is not needed.) Gilbert St. College St. Washington/Van Buren (1910) Deck & timbers replaced, $45,000 cost, should have 20 years life. New bridge would cost $250,000. Johnson Rochester Center Ave Dodge Muscatine Summit St. -approaches need fixing. Could reinstate it as a timber bridge. Will be painted chestnut brown. Third Second Friendship Meadow -a drainage problem Brookside Dr. -approaches replaced and new storm water inlets. d. Gannon commented that Benton St. Bridge shouldn't have been asphalted. Asphalt could be stripped from it. SMOKING ORDINANCE 850-1060 a. Balmer cal ed attention to the bill the State is working on. & suggested it as an alternative. It does not cover restaurants. b. Ted McLaughlin, representing the Annex, pointed out that the City ordinance would be difficult to enforce. c. After reasonable attempts to enforce the ordinance, modifications could be considered. Meeting adjourned, 4:40 PM MICRI)f ILI410 HY JORM MICR6L-A9 MICROFILHED BY JORM MICROLAB CEDAR RAPIDS AND ULS ?IUihL�, :ue ED INFORDUII. COUNCIL DISCUSSION APRIL 10, 1978 INFORMAL COUNCIL DISCUSSION: April 10, 1978, 1:00 I'M in the Conference Room at the Civic Center. Mayor Vevera presiding. COUNCIUIEMBERS PRESENT: Vevera, Balmer, Roberts, Perrot, Neuhauser, Erdahl, deProsse (2114-411M) STAFITQ?B11iR.S PRE`FVr: Berlin, Stolfus, Schreiber, Hayek. Others present for certain discussions, as noted. TAPE-RECORDED on Reels 8 78-10, Side 2, 1395 -End, 1, 78-11, Side 1, 1-1620. Reel 78-10, Side 2 ZONING APPLICATIONS Schmeiser, Boothroy present. 1390-1400 Barker's II Addn. a. Developer has provided annexation intent letter. 1400-1760 AGENDAZonin Comm. meeting of 3/16, a. The minutes of Planningarding the Engle rt 'tract which reflect certain Points reg were requested. City Nigr. Berlin will check on availability for Tues. nite. d b. Board of Adjustmentmutes were regdiscusseg.variancilt6 o rednce pfiZuhave acreage for a PAD plansubmission. final approval of any COUNCIL BUSINESS Rowlin present ;t. falority of Council agreed with Mayor Vevera's suggestion o get Old Jet back and mounted at that the staff proceed t the Airport. 1), Expense for mounting will be assessend d l later. Trafc Ordinance c. Majority of Council agreed to allow MOPEDS to park in bicycle racks. d Councilwoman negotiate theeuhauser mented on managemeniteofathe1Senior Center• She will represent the City's position that the City is responsible for the Sr. Cit. Center, and will have the final decision on what goes on there. Berlin stated that the City would maintain the building, P g center is being handled with the agencies separately, by an umbrella agency, the Council of Elders. e. Momo on Air Quality Control was explained by staarea, find doesnot advised that Iowa City is an 'attainment area, have to have a plan. CITY PLAZA BT DS Dietz G Glares present 1760-2250 a. i)ietz lied attention to his memo of Oxnlanation of the award of bid. and answered several ouestions. Ile also ex- plained 'unbalanced bid'. Also discussed were possible contract amendments, cost over -run, use of aggregate base, and change to 6/1/79 for completion. MICROFILVILO BY DORM MICR+LA@ nnr rnre pus MOINE5 h11l.ROIALMEO BY JORM MICROLAB • CEDAR RAPIDS ANO UES Page 2 Council Informal Councilwoman deProsse arrived, 2:00 P.M. April 10, 1978 CITY PLAZA BIDS Continued' . Dietz stated that he was pleased with the result of five bids received, as it was a complex bid. c. deProsse suggested protection for copper roofs of the kiosks because rain dripping leaves green marks. Reel 78-10, Side 2 COMPREHENSIVE PLAN Kraft. Glaves 8 Hayek present. 2250 to End $ Comms Blum present Reel 78-11, Side 1, 1-1620 a. Discussion of Mandatory Dedication of Park Land, a major issue. 1. Glaves stated that mandatory dedication of park land would add $350. to cost of each dwelling unit. 2. PFZ Commissioner Lehman voted against the Comprehensive Plan adoption because of the provision for mandatory dedication. 3. According to several Court cases, it appears to be legal, but litigation could be possible if enacted. 4. Neuhauser commented that it was the responsibility of the community to provide parks by designating areas in the Comprehensive -Plan, but to have a bond issue on park land acquisition, and use that money as leverage to get BOR funds (50$/50% match). Land could be leased out until used for parks. Tape Over to Reel #78-11, Side 1, 1-1620 5. Other councilmembers agreed with portions of Neuhauser's suggestion, and a clarification of definition of 'park' was asked for. Each councilmember discussed the issue. ii 6. Erdahl commented that it looked as though only two Council - members were favoring mandatory dedication. 7. P$Z Comm. Blum explained their problem in securing park land. b.I.Bill Gilpin appeared regarding the designation for the �P.n�'_le�rt� Tract, and called attention to a letter from the Army Corps oT' Engineers. lie suggested that the Council designate the area as 'Open Space'. 2. City Atty. Hayek commented that the use designation on the map is not a critical thing, as the property will still have to be rezoned to some category that permits reasonable use of the property. The color green should not be used unless Council plans to acquire that land. 3. Different figures used on pages 131 & 134 regarding park land will be clarified. 4. Council agreed to amend page 72 -Air Pollution - by deleting words, 'such as the University of Iowa power plant', as Richard Gibson, Univ. representative stated that they met the requirements for particulate standards. 5. Discussion included: 1) Melrose intersection with P19518, would be outside city limits; 2)memo of understanding with County officials re use of area inside 2 mile fringe, and area outside 2 mile fringe, F its legality, 3) cost for severing different areas (Jim Schintler present for discussion). 1.11001 ILMID BY i DORM MICR�LAB ri NP 1'AfT)'. • n(S MOM'S h11LROFILME0 BY JORM MICROLAB CEDAR RAPIDS AND ULS MU1NL`,, iUJA Council Informal Page 3 April 10, 1978 6. Hayek commented that if the City had agricultural land, it should be zoned agricultural, if it is not feasible to use as agricultural, zone to what is feasible, even ' low-density residential, F note that the City might not be capable of servicing the area with sewer and water. If the City doesn't show planning for land, there is no guidance for the Court. If services can't reasonably be provided to the land, it shouldn't be inside City Limits. 7. Further concerns will be discussed Monday, April 17th. EXECUTIVE SESSION 1:00 P.M. E.S.N11 Move y Balmer, seconded by Erdahl.to adjourn to executive session for discussion of appointments to the Planning $ Zoning Comm., the Housing Comm., the Board of Appeals, F, the Board of Examiners of Plumbers, 1:00 P.M. Affirmative roll call vote unanimous, 6/0, deProsse absent. Moved by Balmer, seconded by Perret to adjourn, 1:10 P.M. Affirmative roll call vote unanimous, 6/0, deProsse absent. MICROFILM BY JORM MICR+LAB LFMP RAPIM . NE MINE',