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HomeMy WebLinkAbout1978-09-05 Council Minutesli�,rtUF ILMLL) BY JORM 1.11CROLAB LEOAk RAVLJy Alk) L)L MINUTES OF OFFICIAL ACTIONS OF COUNCIL SEPTEMBER 5, 1978 The cost of publishing the following proceedings & claims is $ . Cumulative cost for this calendar year for said publication is $ Iowa City Council, reg. mtg., 9/5/78, 7:30 P.M., at Civic Center. Councilmembers present: Balmer, deProsse, Perret, Neuhauser, Roberts, Vevera. Erdahl arrived at 8:40 P.M. Mayor Vevera presiding. Moved by deProsse, seconded by Perret, to amend the Consent Calendar by deletion of Item 2.b.2, Resource Conservation Comm. minutes and Item 2.f.1, petition from Brookland Park neighborhood for closure of Melrose Ct. at Myrtle/Greenwood. Motion carried unanimously, 6/0, Erdahl absent. Moved by Roberts, seconded by deProsse, that the following items and recomms. in Consent Calendar be received, or approved, and/or adopted as amended: Approval of Off. Actions, reg. Council Mtg., 8/22/78, subject to correction, as recommended by City Clerk. Minutes of Boards & Commissions: Parks & Rec. Comm. -8/9/78; Library Bd. Trustees - 7/27/78; Bd. Adjustment - 8/17/78; Design i' Review Comm. -8/23/78; Sr. Center/Elderly Housing Joint Proj. Task Force -8/1 & 8/23/78. Permit Resolutions, recomm. by City Clerk, Bk. 50: RES. 78-394, p. 1045, APPROVING CLASS B BEER PERMIT, & RES. 78-395, p. 1046, SUNDAY SALES, for Ken's Pizza Parlor, RES. 78-396, p. 1047, APPROVING CLASS C LIQUOR LICENSE & 78-397, p. 1048, SUNDAY SALES, for Iowa Thrashers. Resolutions, Bk. 50: RES. 78-398, p. 1049, SETTING PUBLIC HEARING 9/12/78 ON PROPOSED PLANS, SPECS., ETC. FOR SERVICE BUILDING ADDN. PROJECT. RES. 78-399, p. 1050, AUTHORIZING DIR. FINANCE TO PURCHASE OUTSTANDING SERIES 1961 & SERIES 1967, WATER REVENUE BONDS. RES. 78-400, p. 1051, OF INTENT FOR THE FACILITY PLAN (Sec. 1, Treatment Plant & Corridor Sewer). Correspondence: Memos from Traffic Engr. regarding stop sign installation at Penfro Drive & Sunset St., at Arbury Drive & Sunset St., & at Derwen Drive & Sunset St. Application for Use of Sts. & Public Grounds: Request from Barbara Schelar for use of Blackhawk Mini -park for plant and book sale to benefit Willowwind School, denied. Affirmative roll call vote unanimous, 6/0, Erdahl absent. Mayor Vevera announced the public hearing as set. 5 ,t• :4ICROI ILI-CO BY DORM MICROLAB f I 140; •:I N:L1W( IL L.LJ BY JORN 1,11CROLAB LEDAR RAPiuS ANL) JL, Official Actions Council discussed whether or not the Resources September 5, 1978 Conservation Commission should make a Page 2 recommendation to the Dept. of Energy. It was suggested that a disclaimer could be added to any recommendation to the effect that 'this recommendation is not a recommendation from the policy-making body, the Council.' Regarding the petition from Brookland Park neighborhood residents for closure of exit -entrance to Melrose Ct. at Myrtle Ave./Greenwood Dr., the following persons appeared: William Klink, John Kammermeyer, & Mark Wolraich. Staff will investigate and report. Mayor Vevera announced the. continuation of the public hearing on the application submitted by Wagner -Murphy Foundation to rezone an 80 -acre tract of land from A2, County Resort, to M1 and C1 zones. Sr. Planner Schmei ser outlined the proposal. Atty. Hayek recommended further discussion by Council. Moved by Ferret, seconded by Neuhauser, to further continue the public hearing to September 19, 1978 at 7:30 P.M. Motion carried unanimously, 6/0, Erdahl absent. Public hearing was held on the application submitted by Jehovah's Witnesses to rezone a tract of land located at 1804 W. Benton St. (Kingdom Subdivision) from RIA to R2 Zone. Public hearing was held on a proposed ordinance amending the Zoning Ord. by establishing provisions for elderly housing in the CBS Zone. Councilman Erdahl arrived at the meeting, 8:40 P.M. Moved by Balmer, seconded by Neuhauser, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first consideration and vote be waived, and that the second consideration and vote for passage be given at this time. Motion carried, 7/0. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by Neuhauser, that the ORD. REZONING A TRACT OF LAND LOCATED WEST OF HWY. 1 & S. OF INTERSTATE 80, requested by Hawkeye Real Estate Investment, FROM R1A TO CO ZONE, be considered and given second vote for passage. Motion carried, 7/0. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Neuhauser, seconded by Roberts, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first consideration and vote be waived, and that the second consideration and vote for passage be given at this time. Motion carried, 7/0. Affirmative roll call vote on passage unanimous, 7/0, all MICRO[ I0d1:0 BY JoRM MICR6LA9 '1 ,V fiiuillr IL.'ILJ BY JURM MICROLAb CLDAR RAPIJ'� Aku JL Official. Actinns Councilmembers present. Moved by Neuhauser, September 5, 1978 seconded by Roberts, that the ORD. AMENDING THE Page 3 ZONING ORD. BY ESTABLISHING PROVISIONS FOR FAMILY CARE CENTERS be considered and given second vote for passage. Motion carried, 7/0. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Atty. Bill Meardon appeared questioning clarification of enforcement of housing code provisions. He will present his inquiry in writing. Planning & Zoning Comm. John Kammermeyer relayed the Commission's request to make a recomm. on vacation of a portion of S. Capitol St. & also called attention to the problem regarding blockage of the sidewalk from the Law College by CRANDIC trains. Public hearing was held on the plans, specifications, form of contract and estimated cost for Governor Robert Lucas Square and Fountain Project. Tom Wegman was present for discussion. Moved by deProsse, seconded by Perret, that the letter from Jerry Parks be made part of the public hearing. Motion carried unanimously, 7/0. Moved by Neuhauser, seconded by Balmer, to adopt RES. 78-401, Bk. 50, p. 1052, APPROVING PLANS, ETC. FOR GOV. ROBERT LUCAS SQUARE AND FOUNTAIN PROJECT & AUTHORIZE BIDS TO BE RECEIVED, 9/19. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Mayor Vevera asked permission for attendance by Balmer and himself to the Iowa League of Municipalities meeting in Des Moines on September 28th and 29th. There were no Council objections. Balmer called attention to the fact that KXIC reporter Dick Hogan was leaving Iowa City and wished him well in his new endeavor. Regarding the memo on proposed expansion of Sunrise Village trailer court by Curt Hames, all Councilmembers agreed that they did not wish to ( consider annexation of that area. City Mgr. Berlin called attention to the Certificate of Eligibility for Police Officers presented by the Civil Service Commission. Moved by Neuhauser, seconded by deProsse, to accept the list. Motion carried unanimously, 7/0. City Atty. Hayek explained the judge's ruling regarding Frantz/Mt. Prospect IV/Stormwater Management Ord. lawsuit. He also advised that he and the City Mgr. are meeting with Webb Cramer of the Rock Island RR to discuss the recent citizen complaints. He called attention to new legislation giving IDOT jurisdiction in certain areas. Moved by Balmer, seconded by Neuhauser, to adopt RES. 78-402, Bk. 50, p. 1054, ESTABLISHING A POLICY CONCERNING CITY COUNCIL CONTACTS AND RELATIONSHIPS WITH POTENTIAL BROADBAND TELECOMMUNICATIONS APPLICANTS. Affirmative roll 5 MICRIN WILD By JORM MICRmLAB 'ln-x:., M, , to IL:•1iu by JORM MICROLAB Official Actinns call vote unanimous, 7/0, all Councilmembers September 5, 1978 present. Page 4 Moved by Balmer, seconded by Neuhauser, to adopt RES. 78-403, Bk. 50, p. 1055, AMENDING RES. 78-212 & PROVIDING FOR POSITION CHANGE IN CLASSIFIED PAY PLAN (Electronics Technician Position). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by deProsse, to adopt RES. 78-404, Bk. 50, pp. 1056-1058, AUTHORIZING EXECUTION OF AGREEMENT FOR MAINTENANCE OF TRAFFIC CONTROL DEVICES AT CERTAIN INTERSECTIONS ON WOOLF AVE. NEAR UNIVERSITY HOSPITALS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Neuhauser, seconded by Perret, to adopt RES. 78-405, Bk. 50, pp. 1059-1062, APPROVING AGREEMENT FOR WATER MAIN EXTENSION ON MORMON TREK BLVD. with Cameron family. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Perret, seconded by deProsse, to adopt RES. 78-406, Bk. 50, pp. 1063-1064, OF ASSURANCE/SANITARY SEWER SERVICE FOR UNIVERSITY HEIGHTS FOR EPA & IDEQ. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by deProsse, seconded by Perret, to adopt RES. 78-407, Bk. 50, pp. 1065-1066, AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY, PARCEL 93-3,.RATH. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Neuhauser, seconded by deProsse, to adopt RES. 78-408, Bk. 50, pp. 1067-1068, PROPOSING TO SELL REAL PROPERTY AND SETTING THE DATE FOR PUBLIC HEARING, 9/12/78,THEREON (portions of Capitol and Washington St. right-of-way to Old Capitol Assoc.). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Councilman Roberts asked that it be a matter of record that he was against selling public right-of- way to build private buildings on, but did vote for this resolution with the other six councilmembers so as to not slow up the urban renewal project. Moved by deProsse, seconded by Erdahl, that the ORD. VACATING STREETS WITHIN THE URBAN RENEWAL PROJ. AREA, PORTIONS OF CAPITOL AND WASHINGTON STS., adjacent to Blocks 83/84 to Old Capitol Assoc., be considered and given first vote 7foor passage. Motion carried unanimously, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. P & Z Comm. Kammermeyer requested that the P & Z Comm. be allowed to make recommendation on this vacation. There were no objections from Council. Moved by Balmer, seconded by Perret, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally s 11CRor wa[n By JoRM MICR#LAB M.;LiOJI iL:4i..0 BY JORM 1-11CROLAB Official Actions September 5, 1978 Page 5 l LOAR RAP Wa Alw )L; passed be suspended, that the second consideration and vote be waived, and that the ORD. 78-2918, Bk. 14, pp. 268-274, ADOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY OF IOWA CITY, IOWA, OF A GENERAL OR PERMANENT NATURE OR IMPOSING A FINE OR PENALTY, INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF IOWA CITY, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE 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 PRIOR TO AUGUST 9, 1977; EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CONTINUED IN FORCE BY REFERENCE THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF SEVERAL SECTIONS 'THEREOF; AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT, be voted upon for final passage at this time. Motion carried unanimously, 7/0. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by deProsse, that ORD. 78-2918 be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Neuhauser, seconded by Balmer, to defer Item 18, the Ord. amending the Uniform Building Code, for two weeks, after public hearing has been held. Motion carried unanimously, 7/0. After discussion where several questions were raised, it was moved by deProsse, seconded by Perret, to defer the first consideration of the ORD. TO IMPOSE A TAX ON THE GROSS RECEIPTS OF MOTELS, HOTELS, AND SIMILAR ACCOMMODATIONS IN IOWA CITY, EFFECTIVE APRIL 1, 1979, & PLACING THE QUESTION ON THE BALLOT FOR THE 11/7/78 GENERAL ELECTION, to September 12th meeting. Motion carried unanimously, 7/0. Moved by Roberts, seconded by Balmer, to adjourn the meeting, 10:30 P.M. 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 9/19/78 Submitted for publication on 9/14/78. MICRO[ WIED BY JORM MICR6LAE3 MiLRW ILMLu BY JORM MICROLAB CEDAR RAPIDS AND uLj i!V1;1C" .x+111 MINUTES OF OFFICIAL ACTIONS OF COUNCIL AUGUST 22, 1978 The cost of publishing the following proceedings & claims is $ Cumulative cost for this calendar year for said publication is Iowa City Council, reg. mtg. 8/22/78, 7:30 P.M. at Civic .Center. Councilmembers present: Balmer, deProsse, Erdahl, Neuhauser, Roberts, Vevera. Absent:-Perret. Mayor Vevera presiding. Mayor Vevera proclaimed Sept. 3-4, 1978, as "Jerry Lewis Muscular Dystrophy Telethon Weekend". City Clerk Stolfus requested addition to the Consent Calendar of a Resolution Issuing a Cigarette Permit; a Resolution setting public hearing on 9/12 re assistance to Ecumenical Housing Corp. by selling them property in Iowa Ave. Parking Lot and Post Office Lot; and, motion setting public hearing on 9/5 on Plans, etc. for. Governor Robert Lucas Square & Fountain Proj. Moved by Roberts, seconded by Neuhauser, that the following items & recomms. in Consent Calendar be received, or approved, and/or adopted as amended: Approval of Off. Actions, reg. Council mtg., 8/8/78, & Adjourned mtg., 8/9/78, subj. to correction, as recomm. by City Clerk. Minutes of Boards & Commissions: Civil Service Comm. -8/1/78, Comm. on Community Needs -8/2/78, Planning & Zoning Comm. -7/27/78 & 8/3/78, and Airport Comm. -7/20/78. Permit Resolutions recomm. by City Clerk, Bk. 50: RES. 78-375 p. 1012, Approving Class B Beer Permit & RES. 78-376, p. 1013, Sunday Sales, for East Moline Pizza Hut, Inc. dba/Pizza Hut. RES. 78-377, p. 1014, Approving Class C Liquor License & RES. 78- 378, p. 1015, Sunday Sales, for Plamor Bowling, Inc. RES. 78-379, p. 1016, Approving Class C Liquor License & RES. 78-380, p. 1017, Sunday Sales for Highlander Inn & Supper Club. RES. 78-381, p. 1018, To Issue Dancing Permit for Ambrose-Lovetinsky, Inc, dba/Woodfields. RES. 78-382, p. 1019, To Issue Dancing Permit for VFW Post 2581. RES. 78-383, p. 1020, To Issue Cigarette Permit. Motions: To accept Urban Renewal Disclosure of Interest Statement from Design Review Committee member, Nancy Seiberling. MICRO[ IWED By JORM MICR46LAB m1u, ; !LMLL) BY JORM MICROLAB Official Actions August 22, 1978 Page 2 LEDAR RAPm AND AL ?1U,i.L,. Resolutions, Bk. 50: RES. 78-384, P. 1021, APPROVING SANITARY SEWERAGE SYSTEM FACILITY PLAN, SEC. 1. RES. 78-385, P. 1022, ACCEPTING PAVING, IMPROVEMENTS 1N THSTORM SEWER N ER EPEPPERWOODADON SAN. & II, & RESUBDIVISION 0, LOTS O 103124, PARTIZING II. RES. 78-386, p• PROVIDINGAND ISSUANCE 2 0 GENERALOBLIGATION BONDS& LEVYING ATAXTO PAY SAID BONDS. RES. 78-387, p. 1032, AUTHOR- IZING PUBLICATION OF NOTICE ADVERTISING HEARING 9ECUMENICAL/ HOUSi NG ASSISTANCE INE CONSTRUCTION OF 100 UNITS OF SUBSIDIZED HOUSING FOR THE ELDERLY AND DIRECTING THE CITY CLERK TO PUBLI DIRECTOR TOPDIRECTING ACEON FILENIAGREPORTG RAM DEVFOR PUBLIC INSPECTION. Setting public hearings: RES. 78-388, p. 1033, SETTING HEARING ON 9/12/78 ON PLANS, SPECIFICATIONS, ETC. FOR RIVER CORRIDOR SEWERS PROJECT. Motion setting hearing 9/12 for proposed ORD. AMENDING ORD. 2238 BY REGULATING THE LOCATION OF ADULT BUSINESSES IN IOWA CITY. Motion setting hearing on 9/5/78 on PLANS & SPECIFICATIONS FOR GOVERNOR ROBERT LUCAS SQUARE & FOUNTAIN PROJECT. Correspondence: IA -IL Gas & Elec. re proposed truck embargo on Kirkwood Ave. & Lower Muscatine, referred to City Mgr. for reply. Chamber of Commerce commends g Council for positive action in approving proposed Pnsel alignment for Scott Blvd. W.G. Binns concern- ing noise from Airport & low-flying The Lego, referred to Airport Comm. for reply. y Wrays concerning proposed realignment of Ralston Creek, copy forwarded to IA Natural Resources Council. City Atty. John Hayek & letter from Dr. Herman Falsetti re operation of Rock Island locomotives. Memos from Traffic Engr. regarding handicapped access to Masonic Temple & re stop sign installation at Seventh Ave. & Rochester Ave. Atty. Don Hoy, concerning Wagner -Murphy Foundation annexation request, referred to City Mgr. Affirmative roll call vote unanimous, 6/0, Perret absent. Public hearing was held on the application submitted by eWW. Estate l nv. Co. to rezone atractofland. ofHighway 1, W. of HowarL Johnson's, S. of Interstate 80 from 111A to CO zone. No one appeared. Application approved by Planninc & Zoning & Staff. MICRO[ 0111) BY JORM MICR6LAB MiuiUr iL;,1i:D BY JORM MICROLAB Official Actions August 22, 1978 Page 3 CEDAk kom Au DEQ Public hearing was held on the proposed ordinance amending the Zoning Ord. by establishing provisions for family care centers. Linda Raybourn, Christian Outreach & Action Team, appeared regarding aid to transients, as they are in a single-family zone. This item will be discussed by Council at a later meeting. Moved by Balmer, seconded by Neuhauser, to adopt RES. 78-389, Bk. 50, pp. 1034-1035, APPROVING PREL. & FINAL PLAT OF KINGDOM SUBO., 1804 W. Benton St., as recommended by Planning & Zoning Comm. & Staff. Affirmative roll call vote unanimous, 6/0, Perret absent. Moved by Balmer, seconded by Roberts, to adopt RES. 7B-390, Bk. 50, pp. 1036-1038, LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR PROCTER & GAMBLE MFG. CO. as recommended by P&Z Comm. & Staff. Affirmative roll call vote unanimous, 6/0, Perret absent. Mayor Vevera announced two vacancies on the Johnson Co. Regional Planning Comm. for three-year terms expiring 9/26/81, and one vacancy on the Board of Electrical Examiners & Appeals for a four- year term expiring 10/26/82. These appointments will be made at the 9/26/78 meeting. There were no applications for the Mayor's Youth Employment Board. The first public hearing on the Airport Master Plan will be at 7:30 P.M. on Sept. 7th at the Recreation Center. On July 25, 1978, the Council voted 6/0 to delete proposed amendments to Sec. 1305(a) and 1405(a) of the Uniform Building Code which would reduce the window requirement for kitchens from ten square feet to three square feet. As a member of the Council who voted in favor of its deletion, Mayor Vevera moved for the reconsideration of the amendment to reduce the window requirement for kitchens and to set public hearing on 9/12/78 at 7:30 P.M. to hear arguments for & against the proposed adoption of these amendments to Ordinance 77-2859. Seconded by Neuhauser, motion carried, all voting aye, 6/0, Perret absent. Councilwoman deProsse noted dissatisfaction with the meeting as set by Dept. of Transportation re FW518. Staff was directed to investigate getting on the DOT Commission agenda for their next meeting. Moved by Balmer, seconded by1039 Neuhauser, AMENDING adopt RES. 78-391, Bk. 50, p. REGULATIONS FOR OAKLAND CEMETERY BY PROVIDING FOR THE PAYMENT OF THE RESIDENT FEE FOR THE INTERMENT OF THE PURCHASER, SPOUSES, AND THEIR CHILDREN. Affirmative roll call vote unanimous, 6/0, Perret absent. MICRO[ WIN BY JORM MICR6LAB Vu URUr iLiILD BY JORM MICROLAB Official Actions August 22, 1978 Page 4 LLDAR RAPIDS AHD AL >Iv to Moved by Roberts, secondedb1042,m AUTHORIZING RES. 78-392, Bk. 50, pp. EXECUTION OF CONTRACT FOR MICROFILMING OF CITY DOCUMENTS WITH JORM MICROLAB, CEDAR RAPIDS. Affirmative roll call vote unanimous, 6/0, Perret absent.to Moved by Balmer, seconded b1044 Roberts, RES. 78 393, Bk. 50, pp. EXAMINATION FEES AND ELECTRICIAN'S LICENSING FEES FOR THE IOWA CITY ELECTRICAL CODE. Affirmative roll call vote unanimous, 6/0, Perret absent. Moved , Neuhauser, AMENDINGr, that ZONING ORD. 78-29155, Bk. 14, pp. 157-158 COMPOSITION OVIT , ATATHEP01NT RDS FOR T HE ONOFSEWAGE WASTES OF DISCHARGE INTO THE PUBLIC SEWER be passed and adopted. Affirmative roll call vote unanimous, 6/0, Perret absent. Moved by Neuhauser, seconded by Balmer, that the rule requiring that ordinances must be considered & voted on for passage at two Council meetings at which it is to be finally passed be suspended, that the second consideration & v. 159e 164 DESIGNATINGth THE D RESPONSIBILITY 14 FOR WEED CON164, ROL ON PRIVATE PROPERTY AND RIGHT-OF-WAY; ESTABLIISHING & ASTREET STANDARD ALLEYSTANDARD MAINTENANCE; DEFINING CERTAIN NUISANCES 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, be voted upon for final passage at this time. Affirmative roll call vote unanimous, 6/0, Perret absent. Moved by Neuhauser, seconded by Roberts, that ORD. 78-2916 be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Perret absent. seconded by Balmer, that Moved by Roberts, , ORD. 78-2917, Bk. 14, pp. 165-268ESTABLISHING CERTAIN STANDARDS, REGULATIONS & PROCEDURES FOR THE GRANTING AND OPERATION OF A BROADBAND TELECOMMUNICATIONS FRANCHISE WITHIN I HINATHECITY OF BROA BAND IOWA CITY, IOWA; TELECOMMUNICATIONS COMMISSION AND PROVIDING FOR THE ENFORCEMENT OF SUCH STANDARDS, RULES AND REGULATIONS AS STATED HEREIN, be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Perret absent. to Moved by Erdahl, seconded by Neuhauser, expand the membership of the Resources C members )or commission to include four advisory their designated representatives; the Director of Housing & Inspection Services, Director of Public MICRO[ 10,111) BY DORM MIGRQLAB r•li �itUF iLMLu BY JORM MICROLAB LEUAk kAPIUS AND UL`, ;'IUI:�Ll, official Actions August 22, 1978 Page 5 Works, Director of Parks & Recreation, and the Mayor. Motion carried unanimously. Moved by Neuhauser, seconded by Balmer, that the ORD. ADOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY OF IOWA CITY, IOWA, OF A GENERAL OR PERMANENT NATURE OR IMPOSING A FINE OR PENALTY, INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF IOWA CITY, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE 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 PRIOR TO 8/9/77; EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED & CONTINUED IN FORCE BY REFERENCE THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF THE SEVERAL SECTIONS THEREOF; AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT, be considered and given first vote for passage. Motion carried, 6/0, Perret absent. Affirmative roll call vote unanimous, 6/0, Perret absent. Moved by Balmer, seconded by Erdahl, to adjourn the meeting, 9:00 P.M. Motion carried unanimously, 6/0, Perret absent. A more complete description of Council activ- ities is on file in the office of the City Clerk. s/ROBERT A. VEVERA, MAYOR s/ABBIE STOLFUS, CITY CLERK 9/5/78 Submitted for publication on 8/31/78. MICROYILMED BY JORM MICR4�LAB ,t �l V!^.E`. v"' I.11L, i 1L4LU by JORM MICkULAB CEUAt< RAPIU�) Rill LXX COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 22, 1978 7:30 P.M. Iowa City Council, reg. mtg. 8/22/78, 7:30 P.M. at Civic Center. Councilmembers present: Balmer, deProsse, Erdahl, Neuhauser, Roberts, Vevera. Absent: Perret. Mayor Vevera presiding. Staffinembers present: Acting City Mgr. Rosemary Vitosh, Helling, Stolfus, Kushnir. Minutes tape-recorded on Reel #78-21, Side 2, 110-980. Mayor Vevera proclaimed Sept. 3-4, 1978, as "Jerry Lewis Muscular Dystrophy Telethon Weekend". City Clerk Stolfus requested addition to the Consent Calendar of a Resolution Issuing a Cigarette Permit; a Resolution setting public hearing on 9/12 re assistance to Ecumenical Housing Corp. by selling them property in Iowa Ave. Parking Lot and Post Office Lot; and, motion setting public hearing on 9/5 on Plans, etc. for Governor Robert Lucas Square & Fountain Proj. Moved by Roberts, seconded by Neuhauser, that the following items & recomms. in Consent Calendar be received, or approved, and/or adopted as amended: Approval of Off. Actions, reg. Council mtg., 8/8/78, & Ad- journed mtg., 8/9/78, subj. to correction, as recomm. by City Clerk. Minutes of Boards & Commissions: Civil Service Comm. -8/1/78, Comm. on Community Needs -8/2/78, Planning & Zoning Comm. -7/27/78 & 8/3/78, and Airport Comm. -7/20/78. Permit Resolutions recomm. by City Clerk, Bk. 50: RES. 78-375 p. 1012, Approving Class B Beer Permit & RES. 78-376, p. 1013, Sunday Sales, for East Moline Pizza Hut, Inc. dba/Pizza Hut, 1921 Keokuk St. RES. 78-377, p. 1014, Approving Class C Liquor License & RES. 78-378, p. 1015, Sunday Sales, for Plamor Bowling, Inc., 1555 1st Ave. RES. 78-379, p. 1016, Approving Class C Liquor License & RES. 78-380, p. 1017, Sunday Sales for Highlander Inn & Supper Club, Route 2. RES. 78-381, p. 1018, To Issue Dancing Permit for Ambrose- Lovetinsky, Inc. dba/Woodfields, 223h E. Washington. RES. 78-382, p. 1019, To Issue Dancing Permit for VFW Post 2581, 1012 Gilbert Ct. RES. 78- 383, p. 1020, To Issue Cigarette Permit. Motions: To accept Urban Renewal Disclosure of Interest Statement from Design Review Committee member, Nancy Seiberling. Resolutions, Bk. 50: RES. 78-384, p. 1021, APPROVING SANITARY SEWERAGE SYSTEM FACILITY PLAN, SEC. 1. Acting City Mgr. Vitosh 141010Fuarn By JORM MICROLAB l'ii�tWi iL LL) BY JORM MICROLAB LLDAR kAPloS AND OL Council Activities August 22, 1978 Page 2 reported that a letter had been received from Procter & Gamble noting that they accept City Engr. Dietz's explanation of capacity design & accept the plant design as adequate. RES. 78-385, p. 1022, ACCEPTING PAVING, STORM SEWER & SAN. SEWER IMPROVEMENTS IN THE PEPPERWOOD ADON., PARTS I & II, & RESUBDIVISION OF LOTS 1-24, PARTS I & II. RES. 78-386, p. 1023-1031, AUTHORIZING AND PROVIDING FOR ISSUANCE OF 82,250,000 GENERAL OBLIGATION BONDS & LEVYING A TAX TO PAY SAID BONDS. RES. 78-387, p. 1032, AUTHORIZING PUBLICATION OF NOTICE ADVERTISING HEARING 9/12/78 TO PROVIDE ASSISTANCE TO ECUMENICAL HOUSING CORP. IN CONSTRUCTION OF 100 UNITS OF SUBSIDIZED HOUSING FOR THE ELDERLY AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE & DIRECTING PLANNING & PROGRAM DEV. DIRECTOR TO PLACE ON FILE A REPORT FOR PUBLIC INSPECTION. Setting public hearings: RES. 78-388, p. 1033, SETTING HEARING ON 9/12/78 ON PLANS, SPECIFICATIONS, ETC. FOR RIVER CORRIDOR SEWERS PROJECT. Motion setting hearing 9/12 for proposed ORD. AMENDING ORD. 2238 BY REGULATING THE LOCATION OF ADULT BUSINESSES IN IOWA CITY. Motion setting hearing on 9/5/78 on PLANS & SPECIFICATIONS FOR GOVERNOR ROBERT LUCAS SQUARE & FOUNTAIN PROJECT. Correspondence: IA -IL Gas & Elec. re proposed truck embargo on Kirkwood Ave. & Lower Muscatine, referred to City Mgr. for reply. Chamber of Commerce commending Council for positive action in approving the proposed alignment for Scott Blvd. W.G. Binns concerning noise from Airport & low-flying aircraft, referred to Airport Comm. for reply. The LeRoy Wrays concerning proposed realignment of Ralston Creek, copy forwarded to IA Natural Resources Council. (Staff to investigate if an answer was written to Wrays.) City Atty. John Hayek & letter from Dr. Herman Falsetti re operation of Rock Island locomotives. Letter to Rock Island R.R. attorney from Asst. Atty. Bowlin attached. Council will await an answer. Memos from Traffic Engr. regarding handicapped access to Masonic Temple & re stop sign installation at Seventh Ave. & Rochester Ave. Atty. Don Hoy, concerning Wagner -Murphy Foundation annexation request, referred to City Mgr. Affirmative roll call vote unanimous, 6/0, Perret absent. Mayor Vevera restated all public hearings set. Public hearing was held on the application submitted by Hawkeye Real Estate Inv. Co. to rezone a tract of land W. of Highway 1, W. of Howard Johnson's, S. of Interstate 80 from RIA to CO zone. No one appeared. Application approved by Planning & Zoning & Staff. Public hearing was held on the proposed ordinance amending the Zoning Ord. by establishing provisions for family care centers. Linda Raybourn, 2614 Wayne Ave., Christian Outreach & Action Team, appeared regarding aid to transients, as they are in a single-family zone. She was directed to contact City staff & Johnson Co. Reg. Planning staff. P&Z Commissioner Vetter explained reasons for their approval. This item will be discussed by Council at a later meeting. There was Council consensus to give the Ordinance all three considerations at the Sept. 5th meeting. MICRO[ ILI40 By JORM MICRmLAB 1-1, Gmit: L:,14. J BY JORM MICRULAb I.LUAK kAPiUi Alio Ju :iU,­� . Council Activities August 22, 1978 Page 3 Moved by Balmer, seconded by Neuhauser, to adopt the RES. 78-389, Bk. 50, pp. 1034-1035, APPROVING PREL. & FINAL PLAT OF KINGDOM SUBD., 1804 W. Benton St., as recommended by Planning & Zoning Comm. & Staff. Affirmative roll call vote unanimous, 6/0, Perret absent. Moved by Balmer, seconded by Roberts, to adopt RES. 78-390, Bk. 50, pp. 1036-1038, LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR PROCTER & GAMBLE MFG. CO., 2200 Lower Muscatine Road, as recommended by P&Z Comm. & Staff. Affirmative roll call vote unanimous, 6/0, Perret absent. No one was present for Public Discussion. Mayor Vevera announced two vacancies on the Johnson Co. Regional Planning Comm. for three-year terms expiring 9/26/81, and one vacancy on the Board of Electrical Examiners & Appeals for a four-year term expiring 10/26/82. These appointments will be made at the 9/26/78 meeting. There were no applications for the Mayor's Youth Employment Board. The first public hearing on the Airport Master Plan will be at 7:30 P.M. on Sept. 7th at the Recreation Center. Regarding the memo from Plastino, re restrooms in the parking garage, several Councilmembers agreed with Plastino's recommendation to not have restrooms. There were no objections from other members. It was pointed out that the Building Dept. was looking into use of barbed wire on fences. After discussion, the Legal Staff was directed to furnish a copy of the Ord, to Councilmemhers for review. Regarding City Atty. Hayek's letter concerning the Rock Island R.R. & Falsetti complaint, Council noted that there are alternatives to present practices, but they will wait for a response to Asst. Atty. Bowlin's letter. Acting City Mgr. will check on the reason why the doors to the restrooms at Willow Creek Park are locked. On July 25, 1978, the Council voted 6/0 to delete proposed amendments to Sec. 1305(a) and 1405(a) of the Uniform Building Code which would reduce the window requirement for kitchens from ten square feet to three square feet. As a member of the Council who voted in favor of its deletion, Mayor Vevera moved for the reconsideration of the amendment to reduce the window requirement for kitchens and to set public hearing on 9/12/78 at 7:30 P.M. to hear arguments for & against the proposed adoption of these amendments to Ordinance 77-2859. Seconded by Neuhauser, motion carried, all voting aye, 6/0, Perret absent. Councilwoman deProsse noted dissatisfaction with the meeting as set by Dept. of Transportation re FW518. She suggested that the members opposing DOT's recommendation should formulate a unified position to present at the meeting. Staff was directed to investigate getting on the DOT Commission agenda for their next meeting. Mayor Vevera will suggest a format for the procedure for the 9/14 meeting. Moved by Balmer, seconded by Neuhauser, to adopt RES. 78-391, Bk. 50, p. 1039, AMENDING REGULATIONS FOR OAKLAND CEMETERY BY PROVIDING FOR THE PAYMENT OF THE RESIDENT FEE FOR THE INTERMENT OF THE PURCHASER, SPOUSES, AND THEIR CHILDREN. Affirmative roll call vote unanimous, 6/0, Perret absent. 111CR01 1 -ILD By JORM MICROLAEI 11-1 N iu,Wi iL:'ILJ BY JORM MICROLAB CLOAK RAPiO� ANO oL., :iU.:,L. , . Council Activities August 22, 1978 Page 4 Moved by Roberts, seconded by Balmer, to adopt RES. 78-392, Bk. 50, pp. 1040-1042, AUTHORIZING EXECUTION OF CONTRACT FOR MICROFILMING OF CITY DOCUMENTS WITH JORM MICROLAB, CEDAR RAPIDS. Affirmative roll call vote unanimous, 6/0, Perret absent. Moved by Balmer, seconded by Roberts, to adopt RES. 78-393, Bk. 50, pp. 1043-1044, ESTABLISHING EXAMINATION FEES AND ELECTRICIAN'S LICENSING FEES FOR THE IOWA CITY ELECTRICAL CODE. Affirmative roll call vote unanimous, 6/0, Perret absent. Moved by Neuhauser, seconded by Balmer, that ORD. 78-2915, Bk. 14, pp. 157-158, AMENDING ZONING ORD. 2238 BY PROVIDING DIFFERENT STANDARDS FOR THE COMPOSITION OF SEWAGE WASTES AT THE POINT OF DISCHARGE INTO THE PUBLIC SEWER be passed and adopted. Affirmative roll call vote unanimous, 6/0, Perret absent. Moved by Neuhauser, seconded by Balmer, that the rule requiring that ordinances must be considered & voted on for passage at two Council meetings at which it to be finally passed be suspended, that the second consideration & vote be waived, and that the ORD. 78-2916, Bk. 14, pp. 159-164; DESIGNATING THE RESPONSIBILITY FOR WEED CONTROL ON PRIVATE PROPERTY & STREET AND ALLEY RIGHT-OF-WAY; ESTABLISHING A STANDARD OF MAINTENANCE; DEFINING CERTAIN NUISANCES INVOLVING UNTENDED AREAS AND PROVIDING THEA METHOD COLLECTIONFOR OF COSTSBAENT OFMSAIDOABATEMENT; ANDSUCHEREPEALINGIBIALL RDINANCESFOR OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, be voted upon for final passage at this time. Affirmative roll call vote unanimous, 6/0, Perret absent. Moved by Neuhauser, seconded by Roberts, that ORD. 78-2916 be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Perret absent. Moved by Roberts, seconded by Balmer, that ORD. 78-2917, Bk. 14, pp. 165-268, ESTABLISHING CERTAIN STANDARDS, REGULATIONS & PROCEDURES FOR THE GRANTING AND OPERATION OF A BROADBAND TELECOMMUNICATIONS FRANCHISE WITHIN THE CITY OF IOWA CITY, IOWA; CREATING A BROADBAND TELECOMMUNICATIONS COMMISSION AND PROVIDING FOR THE ENFORCEMENT OF SUCH STANDARDS, RULES AND REGULATIONS AS STATED HEREIN, be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Perret absent. At their informal meeting, 8/21, Council had decided to delete the Ord. re membership on the Resources Conservation Comm. Moved by Erdahl, seconded by Neuhauser, to expand the membership of the Resources Conservation Commission to include four advisory members or their designated representatives; the Director of Housing & Inspection Services, Director of Public Works, Director of Parks & Recreation, and the Mayor. Motion carried unanimously. Moved by Neuhauser, seconded by Balmer, that the ORD. ADOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY OF IOWA CITY, IOWA, OF A GENANDEMAPS ADOPTEDNBYTREFERENCE,IASDTHEGA FINE OR OFFICIAL CODE OF PENALTY, NATURE OR OF THENCITYING CODES OF IOWA CITY, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE 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 MICROFILM) By JORM MICROLAB • LEUAR RAPIDS ANU JES f-IUit+L,, :iew Council Activities August 22, 1978 Page 5 PASSED ON OR PRIOR TO 8/9/77; EXCEPT THOSE NOT RECOGNIZED & CONTINUED IN FORCE BY REFERENCE IES FOR THE VIOLATION OF THE SEVERAL SECTIONS THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL dered and given first vote for passage. Motion It. Affirmative roll call vote unanimous, 6/0, conded by Erdahl, to adjourn the meeting, inanimously, 6/0, Perret absent. CLERK ROBERT A. VEV RA, MAYOR MICWILMID BY JORM MICR61-AS '10I'If°. hilu,Wt ILNLU BY JORM I•IICROLAB CEDAk k0lo AIVU ULA I ul:1c ,, INFORMAL COUNCIL. DISCUSSION AUGUST 21, 1978 INFORMAL COUNCIL. DISCUSSION: August 21, 1978, 1:30 PM in the Conference Room at the Civic Center. Mayor Robert Vevera presiding. COUNCTLMEMBERS PRESENT: Balmer, deProsse, Erdahl, Neuhauser, Roberts, Vevera. Absent: Perret. sTAFFMEMBF.RS PRESENT: Acting City Mgr. Vitosh, Helling, StOlfus, Ryan, Siders, Kraft, Boothroy, Schmeiser. TAPE-RECORDED on Reel 078-22, Side 2, 869 to End. (partially inaudible) BOARD OF ADJUSTMENT Variance for Smothers 869 1170 1. sst. tty Ryan explained past history of the request for variance for structural alteration for Terry Smothers at 712 Ronalds. The staff suggested that the Board's approval of the variance should be appealed. 2. Temp. Chrm. James Harris was present B explained their interpretation. 3. Minutes of 8/17/78 Board meeting were distributed by Schmeiser. 4. Bldg. inspector Siders stated interpretation of Ord. by their dept. F, suggested that the Ord. be changed. 5. It was the consensus of the Council to not appeal the Board's decision, but that Planning F, Zoning should take up this portion of the zoning code for consideration of new language regarding non -conformity. (in terms of dimensions $ additions where it will not be encroachment) ZONING APPLICATIONS Schmeiser $ Boothroy present 1170-1285 1. liaw eye Real Estate Investment Co. -rezone from R1A to CO. a. KratuSku, 101 --r— note that timing is important. b. Council will give two considerations of the Ord. on the 5th and adopt on the 12th. Z. Procter Gamble Mf Co. a. 1: t)c storm water management plan is finalized by Tues., Council will consider the LSNRD. 3. Ord. affecting Systems Unlimited a. Remy for public hearing tomorrow night. SYSTEMS UNLIMITED 1. Benny Leonard presented slides re disadvantaged and the Iowa City Systems Unlimited project. 2. The residents have to be age 18. 3. Funding is from Federal, State fi County. 141 CRO(I LI.110 BY JORM MICROLAB -ppr n.r' •. -•r c. '401'IC'. 1285-1519 persons ,11�,iWrILALD BY JORM MILROLAB LEUAR RAPIJS ANU JLC :'IUrlu, l:ouncil Inf19781 August 21, I';ego 2 1519-2092 AGS Foundation Annexation that the lya ncr Mur h It was Pointed outsG is in 1• y resent. husinc.. o, Rt Ilo P, the c;lr wrccklnl scrccninlC• herrn scrccnln�ocs a good jul, of place and It funding. croartments and a one-time 2. l;ontr:lct on Mi be about $1,000 of filming. a, This is f"there should livery year there done by Comm. of have to be Conservation 1 does n from the 3, Resources the mem ers Will be deleted a. expansion ° so the item the suggestion an ordinance, Te the it using agenda the words,'director or b• Council will make a moration of also regarding went designated representative'• desig ed along Ralston Hbe auber present. encourag the A. Weed Ord' ested that planting owing would be on a. It was sugg llauber advised that m Creek bank. flat area only• is no longer on 5 �� minutoi.nted out that Steve Lombardi a• It was p this committee. questioned. °r a sprinkling syst�rdinanm was c, a building that G Sery "cc 13uildin' a. 'f1C nee that under. then stem. b. Siders ald need a sprinklng Y size would Lots questions. ht bought while 7, Ccmeter, Ran Present to answer q if the lot and ❑, Ilau er $ y authorized °ndythat person, spouses b• I;urials can s a resident, who can use the lot. the person is the only ones children aress e Ord. non conforming• g Adult iiusiUsinesses will be a. Existing Study was an on-going on Communit Needs Minutes g, Comm• trat t e Human Needs conclusions t note that a, type of study• type pointed out that Council thought. inshed. b. It was P made when this project was would w check and report. Staff will osal of for 1lousin Prwould be disP Res. of Assistance rat assistance 70 spaces) in the and 10. explaine a, Kra'tof 50 parking spaces th�told post office on°the area parking lot and pub hearing Iowa Ave. addition of setting no objections. requested There were consent calendar• ,a I•IICR01 ILI•110 By JORM MICROLA9 11OWFILMLU BY JORM MICROLAB LE DAR RAPIDS AHD ULA AU,l1Lo, :'Jell' Council Informal August 21, 1978 page 3 2092- find Mlili'I'1NG WITH 110ARD 011 01IRlok'Ind Uonnelloy were: present. I. •yL4Perv4sors Sehr, Council of. closing Capitol 2, They requested consideration from Harrison to Court St. St. west of the Courthouse, ail. to use for construction of the new j owned that street and wanted ;4. Neuha41ser noted that the committee had considered this idea. h. Council questioned if the City information on traffic ciri1stories (not three). c. 'Phe building will be only two 3, Supervisors also suggested vacation of llarrison St. i Capitol could not be used. litol 4. Council thought that buse ut of Car,re nlo�objections cfrom with the Unusing Capitol for the 'jail project. Council to using P Home to'city sewer was discussed. S. City hookup of the County would not go out there It was pointed out that the City in the Comprehensive for approximately 20 years, Plan. development grant g, Supervisor Cilek discussed forctompaytfor a water -tower out that the County is asking would agree to go in with them there, and asked if the city for the grant. 101VA NA'I'URN, RESOURCES COUNCIL MEETING ro posed erts wi ounc3 man o represent t o Council 9/5/78. (p channel change of Ralston Creek Jones) Mooting adjourned, SPM. I41CROFILME.D BY DORM MICR+LA9