HomeMy WebLinkAbout1978-08-22 Agenda,II%1 \111 II„1 .\I:
MICROFILMED BY DORM MICROLAB
• CEDAR'RAPIDS AND DES MOINES, IOWA
JORM. MICR+LA6
CEDAR RAPIDS • DES MOIaES
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AGENDA
REGULAR COUNCIL MEETING
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AUGUST 22, 1918
Item No. 1
- MEETING TO ORDER Me, Ifu/ Ro�er� Vele e.
ROLL CALL-. Pavve.i a.bsvh l'
Item No. 2 -
MAYOR'S PROCLAMATIONS.
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September 3-4,;1978, "Jerry Lewis Muscular Dystrophy Telethon
Weekend"
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Item No. 3
CONSIDER AD i
OPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED.
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a. 'Approval of Official Actione of the regular Council meeting
of August 8, 1978, and adjourned meeting of August 9, 1978;
subject to correction, as recommended by City Clerk.
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b. - Minutes of Boards and Commissions.
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(1) Civil Service Commission meeting of. August 1, 1978.
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2 O Committee on Community Needs meeting of August 2, 1978.
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(3) Planning and Zoning Commission meeting of July 27,
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1978.
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(4) Planning and Zoning Commission meeting of August 3, '
1978.
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(5) Airport Commission meeting of July 20, 1978.
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C. Permit Resolutions, as recommended by the City Clerk.
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1 Resolution f
t on A ov
( Approving .lase H Beer Permit A lice
PP tion
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for East Moline Pizza But, Inc. dba/Pizza Hut, 1921
22
Keokuk St.
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,(renewal)
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(2) Resolution Approving Class B Beer Sunday Sales Permit
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Application East Moline Pizza Hut, Inc. dba/Pizza Hut,
1921 Keokuk',St. (renewal);
(3) Resolution Approving Class C Liquor Control License
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'Application for Flamer Bowling, Inc., .1555 IetAve.
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renewal
(4) Resolution Approving Claes C Liquor Control Sunday
Sales License Application for Plamor Bowling,'Inc.,
1555 let Ave. (renewal)
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MICROFILMED BY a'i.
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JORM. MICR+LA6
CEDAR RAPIDS • DES MOIaES
4•11CROFILIIED BY JORN MICROLAB
CEDAR RAPIDS AND UES MOINES, IOWA
Agenda
Regular Council Meeting
August 22, 1978
7;30 P.M.
Page 2,
(5)'
Resolution Approving Class C Liquor Control License`
Application for Highlander, Inc, dba/The Highlander Inn
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6 Supper Club, Route 2. (renewal)
(6)
Resolution Approving Class C Liquor Control Sunday
Sales License Application for Highlander, Inc. dba/The
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Highlander Inn 6 Supper Club, Route 2, (renewal)
(7)
Resolution to Issue Dancing Permit for Ambrose-Lovetinsky,
Inc. dba/Woodfields, 223 E. Washington St.
(8)
Resolution to Issue Dancing Permit for Johnson County
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Post 2581, Veterans of Foreign Wars „1012 Gilbert Court.
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�a ate, ee7d �r r t 70 %7ta �P71Le Q dc%v�ea f
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Motions.
(1)
Consider motion acceptingUrban Renewal Disclosure of
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Interest Statements from Design Review Committee member,
Nancy Seiberling.
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e.
' Resolutions.
(1)
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Consider resolution approving sanitary sewerage system
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facility plan, Section 1.
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Comment: This resolution would approve the plan and 71,
authorize that it be submitted to EPA and IDEQ for --,$/14
review and: approval. Included with the plan will be
a copy of the verbatim transcript, a,copy of: the letter
from Procter and Gamble, as well as the written response
from the City Engineer. Public Works' recommends adoption
of the resolution.,, A copy of the response to Procter
and Gamble is included in the Council' packet. - �ro.aron l
�tto• n, (J G
(2),
Consider resolution' accepting improvements in Pepperwood
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Addition, I d u
d ition Parte I and Ian resubdivision of Lots
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1-24 of Parts I`and -II.
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Comment: This resolutionl,would accept the improvements
as constructed in the Pepperwood Addition for paving,
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storm°,sewer, and sanitary'sewer.' Public Works recom-
mends acceptance.
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(3)
Consider resolution authorizing and providing for the
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issuance of $2,250,000 General Obligation Bonds and
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levying a tax to paysaid bonds.
Comments This resolution authorizes the issuance of
250 000 bond Issue for which bide,were taken
the $2' ,
on August 9, 1978. 'It also authorizes the City Clerk
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to certify a copy of the resolution to the County Auditor
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(40
APS. Se- )nti T✓blit Nenvii•. o�,, %ilL�7$ o -n IC< -s•
/"rovidihr� �QSsal,w.c<'ioEc�w.e.r,i4(
1�no/slI,.I9l"w-P,�
IN ro�iS4Yuc'�,p�.a(r /OU -y r.ris.eSv6SIOILLp.7�uUSl,,!/ f'„i
�. JORM MICR+LAB4..
CEDAR. RAPIDS • OCS MOINES.
I.IICROFILMED BY. JORM MICROLAB
CEDAR RAPIDS AND DES MOINLS, IOWA
Agenda
Regular Council Meeting
August 22, 1978 7:30 P.M,
Page 3
to levy an assessed tax for the payment', of principal
and interest. Approval of the resolution; completes
Council action on the bond issue. The City will deliver
the bonds to the buyer during the week of September 11,
1978.
f. Setting public hearings.
(1) Consider resolution setting public hearing on Sep-
tember 12, 1978, for plans, specifications, and estimate
for the river corridor sewers project.
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Comment: Approval of this resolution would authorize
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the Clerk to advertise a public hearing on the plans
for the Corridor Sewer. Project. Public Works recommends
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approval. ,Estimated coat Is approximately $4,000,000.'
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(2) Consider setting a public hearing on!September 12
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1978, for an Ordinance Amending Ordinance No'r 2238
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by Regulating the Location of Adult Businesses in Iowa'
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City•
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Comment: Since the new criminal code went into effect
in January of 1978, bare have not been allowed to, feature
nude dancers. In a number of Iowa communities, tavern'
owners have created'a separate business 'adjacent to
the tavern which features nude dancers but does not
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serve liquor. , Such am arrangement frustrates the
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intent of the legislature and is a triumph of form
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over substance. 'It would create law enforcement problems
because there would be a tendency of tavern
Y customers
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to want to take their drinks with them next door to
watch the dancing. While we might be able
e to prohibit
ohibit
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the adjacent room under the present code, thisPamend—
ment will remove any doubt:
The,provision that .business may not be within 500
feet from each other has been added to prevent a
concentration of such businesses in one area. Such
a provision has been upheld In other jurisdictions
because It has been found desirable not to create n
"combat zone".
A public hearing ,was held on this ordinance on June 27,1
1978, at which time the Council referred the matter
to:the!Planning and Zoning Commission. The Planning
and Zoning Commission discussed this ordinance at its
meeting of August 3. 1978, and has recommended that it
be approved with the substitution of the wordssuch
as" in place of "including but not limited to." Another
public hearing ring fe being.set because of the time lapse
since the first t public is he arig•
n
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�� Scr eu. o„ PI✓vT• SPPc.F'r.�{i a+,c f•'..,-• Aa G0,.1 hUfAf SrJua he
Jfo�+-Kin-u:'rt�.-. See pt. 5, D
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:CEDAR, RANDS SES 1401t1E5
141CROFILMED BY JORM I4ICROLAB
CEDAR RAPIDS AND DES MOINES, IUA
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Agenda
Regular Council
Meeting
August 22, 1978
7:30 P.M.
Page 4
g. Correspondence.
(1) Letter from Iowa -Illinois Gas and Electric Company re-
garding proposed truck embargo on Kirkwood Avenue and
Lower Muscatine Road. This letter has been referred
to the City Manager for reply.
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(2) Letter from Chamber of Commerce commending the. Council
action in approving the propose
for their positive PP d
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alignment for Scott Boulevard. No reply is necese y
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(3) from W. G. Binns concerning noise from Iowa
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,Letter
City Airport and aircraft flying at low altitudes over
homes. This letter has been referred to the -Airport
' Commission forreply.
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4 from, Mr. and Mrs. LeRoy Wray <concerning proposed
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-Letter
realignmentofRalston Creek. .A copy of this letter
has been forwarded the Iowa Natural Resources Council
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baa d',%c( w�-�°- �•"o-.{ C'6 WvG�`..w
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in Des Moines. ylvi
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(' Letter from Cit Attorney John;Hayek with attached
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'letter from Dr. Herman'Falsetti concerning the opera-
tion of Rock Ialand locomotives in Iowa City. Also .
attached is_a letter to the attorney for Rock Island
Railroad from Assistant City Attorney Bob Bowlin con-
cerning this matter.
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O 6 'Memorandum from Traffic Engineer regarding handicapped
access to Masonic Temple.
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7 Memorandum from Trac ng etosi n
installation on at Seventh Avenue and Rochester Avenue.
(E) Letter r fromDonald A. Hoy, attorney, concerning Wagneria -
Murphy Foundation annexation request. This letter has
been referred to the City Manager for reply.'
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END OF CONSENT' CALENDAR. �lln °n/ W n J I -(� �
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Item No. 4 -
PLANNING AND ZONING MATTERS.
Public hearing on an, application submitted'by Hawkeye Real'
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Estate Investment Company to rezone a tract of land from -
RIA to CO., Z-7401.
Comment: The Planning and Zoning Commission, at a regular
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meeting held on July 6, 1978, recommended by,a six to zero
vote, approval of an application to rezone a 21.77 acre
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141CROCILMED BY
...iORM MICROLAB
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QICROFILMED BY JORM NICROLAB `
• CEDAR RAPIDS AND DES MOINES, IOWA
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141CRO'FILMED BY i
JORM MICR#LAB.
CEDAR RAPIDS •RES MOINES '
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA
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r;11CROFIL14ED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, 1UWA '
Agenda
Regular Council
Meeting
August 22, 1978
7:30 P.M.
Page 5
a•
tract of land located west of Highway 1, west of the
- H.J. Corporation, commonly known as Howard Johnson's, andl
south of Interstate Highway 80 from an RIA zone to a CC
zone. This recommendation is consistent with the staff's
recommendation presented in a staff report dated June 2,
1978, which was attached to the agenda of May 25, 1978.
This application was initially submitted in 1974 and it
was the staff's recommendation at that time to defer con-
sideration of the application until -a'CO Commercial Office
"zone was established. The previous staff report is also
attached to this agenda. The Council should determine whether
the rezoning of such a large area for CO is compatible with
redevelopment of the central Extensive business district.
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office use in the central business district is a very
stabilizing influence.
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Action:
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b. Public hearing on a proposed ordinance amending the zoning
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ordinance by establishing provisions for family care centers.
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Comment: The Planning and Zoning Commission at s'regular`
meeting,held on July 6, 1978, recommended by,a six to zero
vote approval of the subject ordinance allowing six or
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fewer developmentally disabled or aged persons to reside if
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in accommodations provided within a single family. zone._
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D i,o-11, ..o.n.vr✓J;
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Action:
I% I^in....nv.rncAAA.�d�c9
�IN� R44601)Y'V 2-(n/LI. ��t.-,-,.n /Y ire jJ rrv..n nn.nN
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All riL rt+ i 1, ` ..rI Ort., l'n X11 oin,.. d �r� �•
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C. Consider resolution approving the preliminary and, final
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plat of Kingdom Subdivision. 5-7826. (1804 W. Benton St.)
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Comment: The Planning and Zoning Commission, at a special
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meeting held on July, 27, 1978,_ recommended, by a six to zero
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vote approval of the subject subdivision '' to cat ed'at 18 4
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Benton Street (north of W.1 Benton Street and west of Emerald
Street)'eubject to revision of the legal„papers and filing
of the revised preliminary and final plat. Thislrecommen-
dation is consistent with the staff's recommendation pre-
sented in a'staff report dated July 20, 1978, which was at-
The contingencies
tached to .the agenda of August B, 1978. Thi.,
noted above have been resolved.
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Action:
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IdICROFILIIEO BY '..
JORM MI LAB
.CEDAR RAPID:, '• DIS 1407 hf.5
MICROFILMED BY_JORM MICROLAB CEDAR RAPIDS AND UES MOINES, 10WA
Agenda
Regular Council Meeting
August 22, 1978 7:30 P.M.
Page 6
d. Consider a recommendation of the Planning and Zoning Cam -
mission concerning a Large Scale Non -Residential Development
Plan of Procter 6 Gamble anufacturing Company. '5-78827.
S90 Res. AppYoul�.�
ac,/ Lrd�a_�k.ti-�
Comment: The Plann
ng and Zoning Commission, at.a regular
meeting on August !3, 1978, recommended byla 4 to10 vote ap-
lan of Procter 6 Gamble Manu-
of the subject LSNRD pi
1 Company located at 2200 Lower Muscatine Road subject
facturing
to compliance with the Storm Water Management Ordinance and
review and approval of the LSNRD plan by the Engineering
Division. This recommendation is consistent with the
staff's recommendation presented in a staff report dated
August 3, 1978, which is attached to this agenda. As
there has been a considerable delay in obtainingapproval
of the LSNRD plan, the Council may wish to act upon this
item at the regular meeting instead of deferring ,the item
as is Council policy,, pending' resolution of the contin-
gencles`above noted.
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Item No. 5 - PUBLIC DISCUSSION.
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Item No. 6 - ANNOUNCEMENT OF VACANCIES.
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a. Johnson County Regional Planning Commission. Two vacancies
for three-year terms expiring September 26, 1981.
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b. Board of Electrical Examiners and Appeals. One vacancy
for a four-year term expiring October 26, 1982.
1 be made at the September 26, 1978, meet -
These appointments P P
P
inglof the City Council.
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tUCROf ILMED BY
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JORM MICR6LA6'
CEDAR RAPIDS • DES MOINES
JORM, MICR LAB
CEDAR RAPIDS •.DES MOVIES
rtICROFILMED
BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA
Agenda
Regular Council
Meeting
August 22, 1978
7:30 P.M.
Page 7
Item!No. 7 -
CITY COUNCIL APPOINTMENTS.'
a. Consider an appointment to the Mayor's Youth Employment
Board for an indefinite term.
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Action:
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Item No: 8 -
CITY COUNCIL INFORMATION..,,
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Item No. 9 -
REPORT ON ITEMS FROM THE CITY MANAGER ANO CITY ATTORNEY
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a. City Manager.
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1b.
City Attorney..
14]CRor ILMED BY ,{
JORM, MICR LAB
CEDAR RAPIDS •.DES MOVIES
141CROFILMED BY JORM 111CROLAB
CEDAR RAPIDS AND UES 1401NLS, IU'WA
Agenda
Regular Council Meeting
August 22, 1978
7:30 P.M.
Page 8
Item No. 10 -
CONSIDER RESOLUTION AMENDING THE REGULATIONS FOR OAKLAND CEMETERY
BY PROVIDING FOR THE PAYMENT OF THE RESIDENT FEE FOR THE INTER-
a(
MENT OF THE PURCHASER, SPOUSES, AND THEIR CHILDREN.
Comment:
Staff has found it difficult to determine whether the resident,
or non-resident fee should be paid. Often a person will pur-
chase a lot while a resident then move to another area after
retirement. The .spouse and. the, children of either ,,spouse may
never be residents of Iowa City ,yet they may wish to he interred
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here. It would seem reasonable to extend the resident rate to
the, spouse and children of a person who purchased a lot while a
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resident of Iowa City.
This resolution was deferred from the Council meeting of August 8,
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1978, pending further explanation. A memorandum from the.Legal
staff concerning this matter is attached.
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Action:
Idt� 2.ti!„�„^'
Item No. 11 -
CONSIDER RESOLUTION AUTHORIZING EXECUTION OF, CONTRACT FOR MICRO
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'FILMING, OF CITY DOCUMENTS WITH JORM MICROLAB, CEDAR RAPIDS, IOWA.
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Comment:
This resolution provides for microfilming services for one year,
starting August 22, 1978, and ending August 21, 1979.' Jorm
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Microlab having submitted the beat bid aha do 1 film
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processing, duplicating and inspection. Estimated 'cost $18,000,
$10,000,of"this amount was budgeted in the FY78 budget and will
be carried over to the FY79 budget - an amendment to the budget
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forthe remainder will be necessary. th . Y
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Action:
Vfu..hJ
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Item No. 12 -
CONSIDER A RESOLUTION ESTABLISHING EXAMINATION FEES AND ELECTRIC-
IAN'S LICENSING FEES FOR THE IOWA CITY ELECTRICAL CODE.
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Comment:
The City Council on March 14, 1978, established by resolution
the fees for permits and examinations necessary for the imple-
mentation of the Iowa City Electrical Code. The resolution
contained permit fees for the installation of electrical' motors
which was found to be cumbersome for the electricians to break
out as part of their permit application process and difficult
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for the Electrical Inspector. to enforce. It,was also felt
that the permit fees for non-residential work were awkward in
computation. For these and other reasons the Electrical In-
spector, with approval and support from the Electrical Board of
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"Licensing and Appeals, has suggested the deletion of the permit
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Y 141CROFILMED BY
JORM. MICR+LA13
CEDAR RAPIDS • DES MOINES
• Ii[CROF1LMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA
Agenda
Regular Council
Meeting
August 22, 1978
7:30 P.M.
Page 9
charges for electrical motors and simplification of thu non-
residential permit fees as follows:
Permit fee will be assessed on the value of the electrical work "
performed for which a permit is being obtained. The', Electrical
Board and the Electrical Inspector suggest the followingfees:
Value of Electrical Work Fee
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1.00- 200.00 $ 5.00!
201.00 - 800.00 7.50,
801.00 - 1000.00 12.50'
Each additional $1000.00 or I
fraction thereof 5.00
The staff made computations based on typical non-residential
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jobs'.and found that the above fee schedule resulted in an elec-
trical permit fee for non-residential that closely paralleled
the fees being assessed for residential electrical work in the
City of Iowa City. Therefore, the staff and the Electrical Board
recommends Council' adoption of the new fee structure inasmuch
as: it does not place an inflationary or, other unnecessary burden
on, the construction industry or the public.
Action:
Item No. 13 -
CONSIDER ORDINANCE. AMENDING ZONING ORDINANCE 2238 BY PROVIDING
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DIFFERENT STANDARDS FOR THE COMPOSITION OF SEWAGE WASTES AT THE
POINT OF DISCHARGE INTO THE PUBLIC SEWER. (passed and, adopted)
Comment:
At the last Council meeting, Council made a few changes in the
ordinance and gave it first and second, reading. It is now ready
,
for final consideration.
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Action:
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Item No. 14 -
CONSIDER AN ORDINANCE' DESIGNATING THE RESPONSIBILITY FOR WEED
CONTROL ON PRIVATE PROPERTY AND STREET AND ALLEY RIGHT-OF-WAY;
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ESTABLISHING A STANDARD OF MAINTENANCE;,OEFIN ING CERTAIN, NU ISANCF.S
INVOLVING' UNTENDED AREAS AND PROVIDING FOR THE ABATEMENT OF SUCH
NUISANCES; PRESCRIBING A METHOD FOR COLLECTION OF COSTS OF SAID
ABATEMENT; AND REPEALING ALL ORDINANCES'OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH.',' (second consideration)
Comment:
Differences in proposed Weed Ordinance and existing Ordinance
#74-2723:
1. The word "turf" has been eliminated as being a duplication.
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References are to weeds, 'noxious weeds, and grasses.
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MIGROFILIdEp BY
JORM MICR6LA9
CEDAR: PAP1DS • 113 M0114CS
I.IICROFILMED BY JORM 141CROLAB
CEDAR RAPIDS AND UESMOINET—
Agenda
Regular Council
Meeting
August 22, 1978
,7:30 P.M.
Page 10
2. The fire safety aspect is included along with health and
general safety.
3. Conservation areas allowing ground covers and natural areas
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containing unmowed native plant materials are more ape-
cifically defined.
4. A height of eighteen inches (18") is established as the
point beyond which weeds and grasses are a nuisance.
5. Responsibility for control of grasses along waterways is
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now defined.
6. Designation of natural or conservation areas is now by
application.
7.Sidewalks and public ways must be free of,plant life and
allow full width use.
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8. Development areas have a specific time exclusion.
9. Receipt of the Weed'Official of the signed, certified mail'
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slip is no longer necessary for legal action.
10. A definite period.is established during which unmowed
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area are a nuisance.'
11. An emergency feature is established that:,
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a. Allows the to take immediate action when there's
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a health, safety, or fire hazard;
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b. Provides for assessment against the property; and
C. Allows the property owner due process of appeal.
Action:
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I Item No. 15 -
CONSIDER AN ORDINANCE ESTABLISHIRG CERTAIN STANDARDS, REGULATIONS
AND PROCEDURES FOR THE GRANTING AND OPERATION OF A BROADBAND
IOWA CITY, IOWA;
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TELECOMMUNICATIONS FRANCHISE WITHIN THE CITY ,OF
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CREATINGBROADBAND TELECOMMUNICATIONS COMMISSION AND PROVIDING
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FOR THE ENFORCEMENT OF SUCH STANDARDS, RULES AND REGULATIONS AS
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STATED HEREIN. (passed and adopted)
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I Comment:
This ordinance regulates broadband telecommunications systems
within the CSty of Iowa City, Iowa, which must operate' pursuant
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to City and establishes standards, regulations and
,Franchise
procedures for the granting, maintertanceand operation of:a
broadband telecommunications franchise.
Action:
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MICROFILMED BY ,(,
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JORM- MICR+LAB
CEDAR RAPIDS • SES M0114ES
(A,ICI(OFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES 1•1ORILS, IU"
Agenda
Regular Council Meeting
August 22, 1978 7:30 P.M.
Page 11.
Item No.l 16
- CONSIDER AN ORDINANCE AMENDING ORDINANCE NO. 77-2829, THE ORDIN-
ANCE ESTABLISHING THE RESOURCES CONSERVATION COMMISSION FOR THE
CITY OF IOWA CITY, IOWA, BY EXPANDING THE MEMBERSHIP OF THE
RESOURCES CONSERVATIONCOMMISSION TO INCLUDE FOUR (4) ADVISORY
MEMBERS. (first consideration)
Comment:
This ordinance expands the membership of the Resources Conserve -
tion Commission to include four advisory members'- Director of
Housing and Inspection Services, Director of Public Works, 'N +}r�
Director of Parks and Recreation and one Council member. This
is in accordance with the Resources Conservation Commission's
recommendation to the City Council on July 25, 1978, and the
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City Council's discussion of August 8, 1978. The recommends-
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tion was made in order to facilitate communication and direction
In the.formulation of comprehensive energyland resources con- S
servation policy.
Action:
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Item No, 17 -
CONSIDER AN ORDINANCE ADOPTING THE CODIFICATION OF ALL ORDINANCES
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OF THE CITY, OF IOWA CITY, IOWA, OF A GENERAL OR PERMANENT;
NATURE OR IMPOSING °:A FINE OR P N TY
E AL INCLUDING CODES AND MAPS
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ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF IOWA
CITY,, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE31
CODE OF IOWA;,PROVIDING FOR THE, TITLE AND'.CITATION OF THE CODE;
REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES OF A GENERAL
OR PERMANENT NATURE OR IMPOSING A'FINE OR PENALTY, PASSED ON OR
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PRIOR TO AUGUST 9, 1977; EXCEPT THOSE NOT CONTAINED IN SAID CODE
OR RECOGNIZED AND CONTINUED IN FORCE BY REFERENCE THEREIN;
PROVIDINGPENALTIESFOR THE VIOLATION OF THE SEVERAL. SECTIONS
THEREOF; AND PRESCRIBING THE TIME WHEN, THIS' ORDINANCE SHALL BE
IN.FULL FORCE AND EFFECT. (first consideration)
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Comment:
This ordinance adopts the text of the proposed codification as ..
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the "Code of Ordinances, City of Iowa City, Iowa."
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The ordinances eaves a large class of existing ordinances from
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repeal, e.g., railroad franchises, zoning ordinances,':ordinances
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passed on or after August 9, 1977, the cut-off date for the
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codification.
The', ordinance needs to be passed within 30 days of the public
hearing, which was held,onAugust'8, 1978. We request that the
ordinance be passed not later than September 5, 1978.,
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Action:
Item No. 18 -'
ADJOURNMENT.
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141CROFIV41D By j)
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. JORM MICR,6LA6
CEDAR RAPIDS • DES MOINES