HomeMy WebLinkAbout1983-04-12 Council minutesI
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MINUTES OF OFFICIAL ACTIONS OF COUNCIL - 3/22/83
The cost of publishing the following proceed-
ings & claims is Cumulative cost for
this calendar year for said publication is
Iowa City Council, special meeting, March 22,
1983, 7:00 P.M. in the Council Chambers of the
Civic Center. Mayor Neuhauser presiding. Council-
members present: Balmer, Erdahl, McDonald,
Neuhauser, Perret. Absent: Dickson, Lynch.
Moved byj
the ORDINANCE PREZONING eTHEdeENTIRE McDonald,
AREA that
MANVILLE HEIGHTS TO RNC-20, be considered and given
second vote for passage. Affirmative roll call
vote unanimous, 5/0, Dickson and Lynch absent. The
i Mayor declared the motion carried.
Moved by Balmer, seconded by Perret, to adopt
RES. 83-65, Bk. 76, p. 174, SETTING A PUBLIC
HEARING FOR 3/29/83, AT 7:30 P.M., ON THE BUDGET
ESTIMATE FOR THE FISCAL YEAR JULY 1, 1983, THROUGH
JUNE 30, 1984, to separate out the Transit Levy
Portion, putting it into the General Fund and then
transferring it into the special levy. Affirmative
roll call vote unanimous, 5/0, Dickson and Lynch
� absent. The Mayor declared the motion carried.
Moved by Balmer, seconded by Perret, to i
adjourn to informal session, 7:05. The Mayor
declared the motion carried unanimously, 5/0,
Dickson and Lynch absent.
A more complete description of Council activi-
ties is on file in the office of the City Clerk.
�/M R� UPlull?1W4A s/MARY C. NEUHAUSER, MAYOR
sIAN K. KARR ACTING CITY CLERK
i,d y! zo ;
Submitted for publication on 4/1/83.
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141CRDFILMED BY ;
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L CEDAR RRI'IDS • DES HONES
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MINUTES OF OFFICIAL COUNCIL ACTIONS - 3/29/83
The cost of publishing the following proceed-
ings & claims is $ Cumulative cost for
this calendar year for said publication is
Iowa City Council, reg. mtg., 3/29/83, at 7:30
P.M. at the Civic Center. Mayor Neuhauser
presiding. Councilmembers present: Balmer,
Dickson, Lynch, McDonald, Neuhauser, Perret.
Absent: Erdahl.
Moved by Lynch, seconded by Dickson, that the
following items and recommendations in the Consent
Calendar be received, or approved, and/or adopted
as presented:
Approval of Official Council Actions,
Spec. mtg., 3/8/83, and reg. mtg., 3/15/83, as
published, subject to correction, as
recommended by the Acting City Clerk.
Minutes of Boards and Commissions:
Broadband Telecommunications Comm. -2/14/83;
Civil Service Comm. -2/2/83, 2/5/83, 2/7/83 &
2/8/83; Committee on Community Needs -2/2/83;
City Conference Bd.-1/31/831 2/14/83 & J
3/14/83. Joint Human Services Council -
1/26/83; Riverfront Comm. -2/2/83; Planning &
Zoning Comm. -2/3/83 & 2/28/83; Housing Comm.- 1
3/2/83; Airport Comm. -3/9/83.
Permit motions as recommended by the j
Acting City Clerk: Approving Class C Liquor
License and Sunday Sales for The Kitty Hawk, i
800 S. Dubuque Street. Approving Class C
Liquor License and Sunday Sales for Towncrest
Inn, 1011D Arthur Street. Approving Class A
Liquor License for Marquette Council -Knights
of Columbus, 328 E. Washington Street.
Approving Class B Beer permit and Sunday Sales
for Iowa City Racquet Club, I-80 & North Dodge
Street. Approving Class C Liquor License for
Hollywood's, 1134 S. Gilbert.
Motions: To approve disbursements in the
amount of $1,527,030.39 for the period 2/1/83
thru 2/28/83, as recommended by the Finance
Director, subject to audit. Authorizing the
Traffic Engr. to sign an application for use
of right-of-way on the North Burlington Street
bridge for the installation of street lights
to the Iowa Department of Transportation.
Authorizing the Traffic Engr. to sign the Iowa
Department of Transportation right-of-way use ,
permit for the installation of street lights
at the intersection of Sunset Street and Iowa
Highway 1. Authorizing the City Engr. to sign
an application for use of highway right-of-way
for utilities accommodation to Iowa -Illinois
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official Ac`ions Gas & Electric Company for new electric
March1, 1981 service at proposed apartments behind Slayer
Page 2 Appliance on Highway 1. Authorizing the City
Engr. to sign an application for use of
highway right-of-way for utilities accommo-
dation to Northwestern Bell Telephone Company
to underground telephone service for proposed
development of Ken Ranshaw, west of Slager
Appliance on Highway 1. Authorizing the City
Engr. to sign an application for use of
highway right-of-way for utilities accommo-
dation to Iowa -Illinois Gas & Electric Company
for relocating a 70 foot steel pole to
accommodate improvements at the intersection
of Riverside Drive and Benton Street.
Authorizing the City Engr. to sign an
application for use of highway right-of-way
for utility accommodation to Northwestern Bell
Telephone Company to underground telephone
cable to accommodate improvements at the
intersection of Riverside Drive and Benton
Street. I
Resolutions, Bk. 76: RES. 83-66, p. 174,
ACCEPTING THE WORK FOR THE EASTERLY EXTENSION
OF THE NORTHEAST TRUNK SEWER AS CONSTRUCTED BY
NORMOYLE-BERG & ASSOCIATES OF ROCK ISLAND,
ILL. RES. 83-67, pp. 175, ACCEPTING THE WORK
FOR THE LOWER RALSTON CREEK IMPROVEMENTS {
PROGRAM, PHASE II, AS CONSTRUCTED BY MCANINCH
CORPORATION OF DES MOINES, IA.
Correspondence: John Hayek re Oaknoll
litigation, no reply necessary. Tom Cilek,
Atty. representing Aladdin's Castle,
requesting that the location of Aladdin's
Castle in the Old Capitol Center be named as i
an "amusement park" under Section 998.4,
referred to the City Manager for reply after
Council consideration. David Doerring re
proposed rezoning of property at 521 Kirkwood
Avenue, referred to the City Manager for
reply. IDOT re patching work to be
accomplished on I-80 within the city limits of
Iowa City, for information only. John Nolan
re alley behind the property at 204 McLean,
referred to the City Manager for reply. Ruth
and Sam Becker re definition of "family" ill
one -family homes, Legal Department will
provide information and City Manager will
respond. Iowa National Guard re Elm Grove
Park, City Manager will reply after Council
discussion. Kenneth and Gloria Lacina re
assessment project for sidewalks and curbing
on Kimball Rd.
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(if fIcial Act inns Memos from the Traffic Engr: Parking
March 29, 1983 removal on George Street at its intersection
"j'` 1 with Oakcrest Street; Removal of "no parking
corner to here" sign on Iowa Avenue at Dodge
Street; "No parking corner to here" sign on
Jefferson at Gilbert; Metered parking in 200
block of N. Clinton Street; Parking
prohibition on the 200 block of McLean Street;
Parking prohibition for a portion of Dover
Street.
Application for Use of Streets and Public
Grounds: Iowa City Striders for a St.
Patrick's Day Run on 3/16/83, approved. Lori
Detweiler for use of Blackhawk Minipark on
4/9/83 for selling Girl Scout cookies,
approved.
The Mayor noted item 2f.(2), the letter from
Atty. Cilek re Aladdin's Castle, had been discussed
at the informal session. A letter stating the
Council did not wish to designate the business an
amusement park would be sent. Council concurred.
She also noted the letter from Iowa Army National
Guard re Elm Grove Park, item 2F.(7), and stated
Council did not wish to give the property away at
this time. Council concurred and a letter will be
sent. Moved by Balmer, seconded by McDonald, to
receive the letter from William Feldmann re Elm
Grove Park and the Iowa National Guard. The Mayor
declared the motion carried unanimously, 6/0,
Erdahl absent. Affirmative roll call vote on
Consent Calendar carried unanimously, 6/0, Erdahl
absent. The Mayor declared the motion carried.
The Mayor announced that item 3n. would be
considered at this time. Moved by Perret, seconded
by Lynch, that ORD. 83-3110, Bk. 21, pp. 32-35, TO
REZONE THE ENTIRE R3A AREA OF MANVILLE HEIGHTS TO
RNC -20, be passed and adopted. Affirmative roll
call vote unanimous, 6/0, Erdahl absent. The Mayor
declared the ordinance adopted.
Moved by McDonald, seconded by Perret, to set
a public hearing for 4/26/83 on the proposed
rezoning of certain property located at 1425 North
Dodge Street from R1A to C2. The Mayor declared the
motion carried unanimously, 6/0, Erdahl absent.
Moved by Perret, seconded by McDonald, to set
a public hearing for 4/26/83 on the proposed
rezoning of the Hawkeye Mobile Home Court from R1A
to RMH. The Mayor declared the motion carried
unanimously, 6/0, Erdahl absent.
Moved by Dickson, seconded by Perret, to set a
public hearing for 4/26/83 on an amendment to the
Zoning Ordinance regarding the suspension of
building permits during consecutive rezonings
within a 12 month period. The Mayor declared the
motion carried unanimously, 6/0, Erdahl absent.
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Official Actions Moved by Balmer, seconded by Perret, to set a
Narch 29, 1983 public hearing for 4/26/83 on an ordinance to amend
Mage 4 the Planned Area Development Plan for MacBride
Addition, Part 2. The Mayor declared the motion
carried unanimously, 6/0, Erdahl absent.
Moved by Balmer, seconded by McDonald, to
adopt RES. 83-66, Bk. 76, pp. 176-177, APPROVING
THE ANNEXATION OF APPROXIMATELY 70 ACRES LOCATED
SOUTH OF THE CORPORATE LIMITS OF THE CITY OF IOWA
CITY AND NORTH OF HIGHWAY 1 IN JOHNSON COUNTY NEAR
WILLOW CREEK. Affirmative roll call vote
unanimous, 6/0, Erdahl absent. The Mayor declared
the resolution adopted.
Moved by Balmer, seconded by Perret, to set a
public hearing for 4/26/83 on the proposed rezoning `
of approximately 70 acres of land located north of
Highway 1 near Willow Creek. The Mayor declared
the motion carried unanimously, 6/0, Erdahl absent.
A public hearing was held on the rezoning of
certain property located at 521 Kirkwood Avenue
from M1 to RNC -20. Staffinember Knight for discus-
sion. The following people appeared: David
Doerring, 1016 Diana St.; Pat Gilpin, 710 Diana
Ct.; Al Leff, rep. Larry Rigler; Erin Rial, 521
Kirkwood; Ken Schroeder, 1117 Keokuk St.; and Bill
Seyfarth, 1017 Diana St. Moved by Perret, seconded i
by McDonald, to accept the letter from David
Doerring and signed by several neighbors. The
Mayor declared the motion carried unanimously, 6/0,
1 Erdahl absent.
A public hearing was held on the rezoning of
approximately .90 acres of land in the vicinity of
Van Buren and Johnson Streets adjacent to the
Chicago, Rock Island and Pacific Railroad tracks
from M1 to R3A.
Moved by McDonald, seconded by Balmer, that r
the ORDINANCE REZONING APPROXIMATELY .93 ACRES OF
LAND IN THE VICINITY OF VAN BUREN AND JOHNSON
STREETS ADJACENT TO THE CHICAGO, ROCK ISLAND AND
PACIFIC RAILROAD TRACKS FROM M1 TO R3A, be
considered and given first vote for passage.
Perret raised concerns re rezoning area and
questioned alternatives. Staffinember Knight
present for discussion. Original motion withdrawn.
Moved by Balmer, seconded by Perret, to defer
consideration of the ordinance for two weeks. The
Mayor declared the motion carried unanimously, 6/0,
Erdahl absent.
Moved by Balmer, seconded by Perret, to defer
consideration of a resolution approving the
preliminary and final Large Scale Residential
Development plan for Van Buren Village until after
action is taken on the previous ordinance. The
Mayor declared the motion carried unanimously, 6/0,
Erdahl absent.
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Official Actions
`larch 29, 1983
Page 5
Moved by Balmer, seconded by Dickson, to defer
for two weeks consideration of an ordinance
establishing design standards for off-street
parking areas. Atty. Joe Holland and staffinember
Bruce Knight present for discussion.
Moved by Lynch, seconded by Balmer, that ORD.
83-3111, Bk. 21, pp. 36-38, APPROVING THE AMENDED
PRELIMINARY AND FINAL PLANNED AREA DEVELOPMENT PLAN
OF LOTS 91 AND 92, TY'N CAE SUBDIVISION, PART 2, be
passed and adopted. Affirmative roll call vote
unanimous, 6/0, Erdahl absent. The Mayor declared
the ordinance adopted.
Moved by Balmer, seconded by McDonald, to
adopt RES. 83-69, Bk. 76, p. 178, APPROVING THE
AMENDED PRELIMINARY AND FINAL LARGE SCALE
RESIDENTIAL DEVELOPMENT PLAN OF LOTS 92 AND 92,
TY'N CAE SUBDIVISION, PART 2. Affirmative roll
call vote unanimous, 6/0, Erdahl absent. The Mayor
declared the resolution adopted.
Moved by Balmer, seconded by Dickson, to defer
for two weeks consideration of a resolution to
approve the final subdivision plat of Lot 31,
Str•eb's Second Addition and a resolution removing a
restriction on Lot 31, Streb's Second Addition.
The Mayor declared the motion carried unanimously,
6/0, Erdahl absent.
A public hearing was held on Resolution of
Necessity for St. Anne's Drive Special Assessment
Project - 1983. City Engineer Farmer and
staffinember Holderness present for discussion. The
following people appeared for discussion: Bob
Bross, 846 St. Anne's Drive; Bruce Glasgow, 834 N.
Johnson St. Moved by Lynch, seconded by Perret, to
receive and place on file the following petition
and correspondence: Wilfred N. Yeggy, 1611 Prairie
du Chien Rd.; Mr. & Mrs. R. Bross, 846 St, Anne's
Drive; Mr. & Mrs. Bill Barnes, 1609 Prairie du
Chien; John Nelson, 1637 Prairie du Chien Rd.; Mr.
& Mrs. Gary Grantham, 843 St. Anne's Drive; Mr. &
Mrs. Robert Guyer, 1529 Prairie du Chien; Mr. &
Mrs. Carroll R. Whetstone, 853 St. Anne's Drive;
Mr. & Mrs. Paul S. Campbell, 1533 Prairie du Chien;
Jeff & Patty Sales, 1607 Prairie du Chien; Bernard
Yeggy, 1525 Prairie du Chien; Carroll Whetstone,
853 St. Anne's Drive. The Mayor declared the
motion carried unanimously, 6/0, Erdahl absent.
Moved by Dickson, seconded by McDonald, to
adopt RES. 83-71, Bk. 76, pp. 180-181, RESOLUTION
WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF
NECESSITY FOR THE ST. ANNE'S DRIVE SPECIAL PAVING
ASSESSMENT PROJECT - 1983 and continue the public
hearing 4/26/83. Affirmative roll call vote
unanimous, 6/0, Erdahl absent. The Mayor declared
the resolution adopted.
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Marell29Officlal Actions Moved by Dickson, seconded by Perret, to defer
Harsh 29, 1983 consideration until 4/26/83 of resolutions
�'r` 1i directing preparation of detailed plans and
specifications, form of contract and notice to
bidders on the St. Anne's Drive special paving
assessment project - 1983, and ordering bids,
approving plans, specifications and form of
contract and notice to bidders, fixing amount of
bid security and ordering Clerk to publish notice
and fixing a date for receiving same, and for a
public hearing on plans, specifications, form of
contract and estimate of costs for the St. Anne's
Drive special paving assessment project - 1983.
The Mayor declared the motion carried, 6/0, Erdahl
absent.
A public hearing was held on Resolution of
Necessityfor Kimball Road Special Assessment
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project 1983. City Engineer Farmer and
staffinember Holderness present for discussion. The
following people appeared for discussion: Alois
Tauber, 624 Kimball Rd.; Thomas Rogers, 800 Kimball
Rd.; Gloria Lacina, 724 Kimball Rd. Moved by
Dickson, seconded by Perret, to receive and place
on file the following correspondence: Kenneth &
Gloria Lacina, 724 Kimball Rd.; Clarence Vevera,
703 Kimball Ave.; J. Patrick FTauber elen White, l
Alois Atty. rep.
ThomasN.R. Roge s H 800 Kimball Road. The Mayor
declared the motion carried unanimously, 6/0,
Erdahl absent.
Moved by Perret, seconded by McDonald, to
adopt RES. 83-72, Bk. 76, pp. 182-183, RESOLUTION
WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE KIMBALL ROAD SPECIAL
SIDEWALK ASSESSMENT PROJECT - 1983 and continue
public hearing until 4/26/83; and to defer
consideration until 4/26/83 on resolutions
directing the preparation of detailed plans and
specifications, form of contract and notice to
bidders on the Kimball Road special sidewalk
assessment project - 1983, and ordering bids,
approving plans, specifications and form of
contract and notice to bidders, fixing amount of
bid security, and ordering clerk to publish notice
and fixing a date for receiving same and for a
public hearing on plans, specifications, and form
of contract and estimate of costs on the Kimball
Road special sidewalk assessment project - 1983.
Affirmative roll call vote unanimous, 6/0, Erdahl
absent. The Mayor declared the resolution adopted
and the motion carried.
A public hearing was held on the budget
estimate for the fiscal year July 1, 1983, through
June 30, 1984.
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0ffLeinI Act tons Moved by Balmer, seconded by Perret, to adopt
March 29, 1981 RES. 63-73, Bk. 76, pp. 184-185, RESOLUTION
Page 7 ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR
ENDING JUNE 30, 1984. Affirmative roll call vote
unanimous, 6/0, Erdahl absent.
Mayor Neuhauser announced the following
vacancies on Boards and Commissions: one vacancy
for an unexpired term ending 1/1/84 on the Board of
Adjustment; two vacancies for one-year terms ending
6/30/84 on United Action for Youth. These
appointments will be made at the 5/10/83 meeting.
Moved by Balmer, seconded by Perret, to
appoint the following applicants to the Historic
Preservation Commission: Margaret Nowysz, 1025
River St. and George R. McCormick, 230 E. Fairchild
St. for one-year terms ending 3/29/84; Greg Duffey,
1135 Howell St. and Charles A. Skaugstad, Jr. 538
S. Gilbert St. for two-year terms ending 3/29/64;
Howard R. Jones, 701 Oaknoll Drive and James P.
Hayes, 1142 E. Court St. for three-year terms
ending 3/29/84. The Mayor declared the motion
carried unanimously, 6/0, Erdahl absent.
The Mayor noted the memo from the City Clerk
regarding Wilke's liquor renewal and that the
application had been withdrawn. Therefore the item
does not appear on the agenda.
Moved by McDonald, seconded by Perret, to
adopt RES. 83-74, Bk. 76, p. 186, AWARDING CONTRACT
AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST CONTRACT FOR THE IOWA CITY TRANSIT
FACILITY PROJECT TO MIAMI CONSTRUCTORS, INC., OF
DUBUQUE, IOWA. Moved by Dickson, seconded by
Perret, to amend, subject to receipt of appropriate
bond and insurance policy. Affirmative roll call
vote unanimous, 6/0, Erdahl absent. The Mayor
declared the resolution adopted.
Moved by Perret, seconded by Dickson, to adopt
RES. 83-75, Bk. 76, p. 187, A RESOLUTION IN SUPPORT
OF PUBLIC MASS TRANSPORTATION FUNDING. Affirmative
roll call vote unanimous, 6/0, Erdahl absent. The
Mayor declared the resolution adopted.
Moved by Perret, seconded by McDonald, to
adopt RES. 83-76, Bk. 76, pp. 188-196, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN
AGREEMENT WITH HILLCREST FAMILY SERVICES, DBA IOWA
CITY RESIDENCE, FOR THE USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE,
REHABILITATE, AND UTILIZE A RESIDENTIAL CARE
FACILITY FOR MENTALLY ILL ADULTS. Affirmative roll
Call vote unanimous, 6/0, Erdahl absent. The Mayor
declared the resolution adopted.
Moved by Lynch, seconded by Dickson, to adopt
RES. 83-77, Bk. 76, pp. 197-198, AUTHORIZING AND
APPROVING AN AMENDMENT TO THE PROGRAM MANUAL FOR
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official AcCL0I1S THE HOUSING REHABILITATION FORGIVABLE LOAN PROGRAM
march ?9, 19213 BY THE ADDITION OF A NEW SECTION 5 TO CHAPTER 4
THEREOF. Affirmative roll call vote unanimous,
Page 9 6/0, Erdahl absent. The Mayor declared the resolu-
tion adopted.
Moved by Balmer, seconded by McDonald, to
adopt 83-78, Bk. 76, PP. 199-203, AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF AGREEMENT WITH IOWA
BOOK & SUPPLY CO. Affirmative roll call vote
unanimous, 6/0, Erdahl absent. The Mayor declared
the resolution adopted.
Moved by Balmer, seconded
0 206,McDonald,
to
adopt RES. 83-79, Bk. 76, pp. 2
REVENUER BONDSG ON (IOWA PROPOSED
& INDUSTRIAL
DEVELOPMENT
CO.DATE CO PROJEC).
Affirmative roll call vote unanimous, /0, Erdahl
absent. The Mayor declared the resolutio6n adopted.
Moved by Dickson, seconded by Perret, to adopt
RES. 83-80, Bk. 76, p. 207, SETTING PARKING RATES
FOR THE IOWA CITY PARKING SYSTEM. Affirmative roll
call vote unanimous, 6/0, Erdahl absent. The Mayor
declared the resolution adopted.
I Moved by Balmer, seconded by McDonald, to
adopt RES. 83-81, Bk. 76, p. 208, SETTING PARKING
RATES FOR CHAUNCEY SWAN PLAZA. Affirmative roll
call vote unanimous, 6/0, Erdahl absent. The Mayor
declared the resolution adopted.
Moved by McDonald, seconded by Dickson, to
adopt RES. 83-82, Bk. 76, p. 209, AUTHORIZING
ABANDONED BICYCLE SALE. Affirmative roll call vote
unanimous, 6/0, Erdahl absent. The Mayor declared
the resolution adopted.
Moved by Balmer, seconded by Lynch, that the
rule requiring that
or 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 second consideration
and vote be waived and that ORD. 83-3112, Bk. 21,
PP. 30-41, AMENDING CHAPTER 2 OF THE CODE OF
ORDINAN1HERETOCES, CITY ARTICLE OFIOWA
IOWHICH CITY,
PRDVIDES BY AING
FORDDTHE
ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC
TRANSPORTATION, be voted on for final passage at
this time. Affirmative roll call vote unanimous,
6/O, Erdahl absent. Moved by Balmer, seconded by
Dickson, that the ordinance be finally adopted at
this Lime. Affirmative roll call vote unanimous,
6/0, Erdahl absent. The Mayor declared the
ordinance adopted.
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
passed be suspended, that the second consideratior
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Official Actions and vote be waived and that ORD. 83-3113, Bk. 21,
hLirch 29, 1983 pp. 42-43, REPEALING SUBSECTION (8) OF SECTION 2 -
Page 9 166, ARTICLE VIII, CHAPTER 2 OF THE CODE OF
ORDINANCE, CITY OF IOWA CITY, IOWA, BY DELETING
FROM SAID ARTICLE VIII THE TRANSIT DIVISION IN THE
DEPARTMENT OF PUBLIC WORKS, be voted on for final
passage at this time. Affirmative roll call vote
unanimous, 6/0, Erdahl absent. Moved by Balmer,
seconded by Perret, that the ordinance be finally
adopted at this time. Affirmative roll call vote
unanimous, 6/0, Erdahl absent. The Mayor declared
the ordinance adopted.
Moved by Dickson, seconded by Balmer, to
adjourn 10:30 P.M. The Mayor declared the motion
carried unanimously, 6/0, Erdahl absent.
For a more detailed & complete description of
Council Activities & Disbursements, see Office of
City Clerk and Finance Department.
14'piy�.•j,(plxlALLUks/MARY C. NEUHAUSER, MAYOR
s/MAR9AN K. KARR, ACTING CITY CLERK
71(aua-,J �• 1�at,J
Submitted for publication on April 8, 1983
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
April 12, 1983
Iowa City Council, reg. mtg., 4/12/83; at 7:30 P.M. at the Civic
Dickson, Erdahl or NeLynch, McDonare ldF,g Neuhauser,members perret p(7:35). Absent
none. Staffinembers present: Berlin, Helling, Jansen, Keller, Hencin,
Schmeiser, Franklin, Karr. Council minutes tape recorded on Tape 83-6,
Side 2, 1139 -End.
The Mayor proclaimed April 16-23, 1983, as Week of the Young Child;
April -1983 as Fair Housing Month; and April 9, 1983, as POW -MIA
Recognition Day.
The Mayor announced one addition to the Consent Calendar re the
inclusion of an additional paragraph into the March 29th Council Minutes.
Moved by McDonald, seconded by Perret, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or
adopted as presented:
Approval of Official Council Actions, spec. mtg., 3/22/83 and
I reg, mtg. of 3/29/83, as published, subject to correction, as
recommended by the City Clerk, and with the inclusion of Paragraph 6,
page 4, of the Complete Description of Council Activities of
i March 29, 1983, and Paragraph 4, page 5, of the Official Actions of
the same date to include the following: Moved by Balmer, seconded by
ANLynch
DFINAL LARR15. 3
GESCALENON' RESIDENTIAL DEVE 0 MENTGPLAN OF
LRMPLAZA
LOCATED SOUTH OF HWY. 1 AT ITS INTERSECTION WITH HUDSON AVENUE.
Atty. Wm. Sueppel appeared representing the applicant. Council
discussed approving the resolution subject to compliance with new
parking standards. The Mayor declared the resolution adopted, 5/1,
i with the following division of roll call vote: Ayes: Neuhauser,
Perret, Balmer, Lynch, McDonald. Nays: Dickson. Absent: Erdahl.
Minutes of Boards and Commissions: Bd. ofLibrary on Comm.-
Trustees -
3/24/83; Housing Appeals Bd.-3/8/83; Parks $ Recreati
3/9/83; Hotel/Department Store Coordinating Comm. -3/30/83.
Permit Motions as recommended by the City Clerk: Refunding a
portion of a Class C Beer/Wine License.
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Setting public hearings: To set a public hearing for 4/26/83 to
receive citizen comments on a proposed amendment to the 1983
Community Development Block Grant Program and budget. To set a
public hearing for 4/26/83 at which time the public may comment on
the Urban Development Action Grant to assist in the development for
Parcel 64-1b (hotel site).
Correspondence: Iowa -Illinois Gas & Electric Company re
proposed transmission line along railroad right of way. E. Michael
Stanford of Quik Trip Corporation re requirements of the sign
ordinance, City Manager will reply after Council discussion.
William J. Feldmann re Elm Grove Park, copy of Mayor's reply
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attached. Transit Personnel re access to Washington Street between
Clinton and Capitol, City Manager will reply after Council
discussion. William M. Tucker re parking ramp privileges, referred
to the City Manager for reply. Department of Transportation re a
patching project on I-80. Letters re the proposed rezoning of
property at 521 South Kirkwood from: Susan Seyfarth, Patrick D.
Gilpin, thirteen residents of the area, and Eileen Doerring. Memo
from the City Atty. re potential conflict of interest. Memos from
the Civil Service Commission submitting certified lists of
applicants for the following positions: Maintenance Worker
II/Parking Systems; Parking Cashier/Parking Systems; Mass Transit
Operator/Transit Division; Maintenance Worker I/Parking Systems;
Part -Time Cashier/Parking Systems; Mechanic I/Equipment Division;
Police Captain/Police Department; Fire Lieutenant/Fire Department.
Applications for Use of Streets and Public Grounds: Rev. Roy
Wingate, representing Ecumenical Consultation, for permission to
hold a vigil for peace and nuclear disarmament on the corner of
Washington and Clinton from 12:00 noon to 12:15 p.m. on April 7-14,
1983, approved. Iowa City Striders for a Rabbit Run on April 10,
1983, from 1:00 to 3:00 P.M., approved. University of Iowa Students
Right to Life to picket in front of Emma Goldman Clinic on April 9,
1983, from 9:00 a.m. to 12:00 noon, approved.
The Mayor questioned whether an agreement had been reached at the informal
session re the Washington Street interchange. City Manager stated that
staff would be meeting with the Downtown Assn. and the Old Capitol Assn.
re parking and would also consider this item. A report will be back to
Council within a month. Affirmative roll call vote unanimous, 7/0, all
Councilmembers present. The Mayor declared the motion carried and
repeated the public hearings as set.
Moved by Balmer, seconded by Mcdonald, to set a public hearing for
5/10/83 to consider an ordinance to rezone property at 624 S. Gilbert
Street from C2 to R3A. The Mayor declared the motion carried unanimously,
7/0, all Councilmembers present.
The Mayor noted a letter from the applicant, Larry Rigler, requesting
a delay in consideration of his rezoning request. Moved by Lynch,
seconded by Perret, to defer until 4/26/83 consideration of an ordinance
rezoning certain property located at 521 Kirkwood Avenue from M1 to RNC -
20. The Mayor declared the motion carried unanimously, 7/0, all
Councilmembers present and noted the item would be scheduled for informal
discussion on April 18th.
Moved by Perret, seconded by McDonald, 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 and second consideration and vote be waived and
that ORD. 83-3114, Bk. 21, pp. 44-48, ESTABLISHING DESIGN STANDARDS FOR
OFF-STREET PARKING AREAS, be voted upon for final passage at this time.
The Mayor declared the motion carried, 6/0, with the following division of
roll call vote: Ayes: Dickson, Erdahl, McDonald, Neuhauser, Perret,
Balmer. Nays: Lynch. Staffinember Schmeiser distributed copies of a
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proposed amendment re concerns raised at the informal session re paragraph
D.2. Moved by Balmer, seconded by Lynch, to amend the ordinance to
include a provision for multi -family dwelling in the R3A and R3B zones in
paragraph 0.2. The Mayor declared the motion defeated, 1/6, with Balmer
voting "aye". Moved by Perret, seconded by Erdahl, that the ordinance be
finally adopted at this time. The Mayor declared the ordinance adopted,
6/1, with the following division of roll call vote: Ayes: Erdahl, Lynch,
Mcdonald, Neuhauser, Perret, Dickson. Nays: Balmer.
Moved by Balmer, seconded by McDonald, that the ORDINANCE REZONING
APPROXIMATELY .93 ACRES OF LAND IN THE VICINITY OF VAN BUREN AND JOHNSON
STREETS ADJACENT TO THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD TRACKS
FROM M-1 TO R3A, be given first vote for passage. Affirmative roll call
vote unanimous, 7/0, all Councilmembers present. The Mayor declared the
motion carried.
Moved by Balmer, seconded by Perret, to defer, until after the
adoption of the previous ordinance, consideration of a resolution
approving the preliminary and final Large Scale Residential Development
Plan for Van Buren Village. The Mayor declared the motion carried
unanimously, 7/0, all Councilmembers present.
Moved by Perret, seconded by McDonald, to defer indefinitely
consideration of a resolution to approve the final subdivision plat of Lot
31 Streb's Second Addition and a resolution removing a restriction on Lot
31 Streb's Second Addition. The Mayor declared the motion carried
unanimously, 7/0, all Councilmembers present.
A public hearing was held to consider a proposal to convey parcel A-1
located in the Lower Ralston Creek Area. Councilmembers questioned the
status of the flood plain map and the impact of sale of properties.
Staffinember Hencin present for discussion.
Moved by Balmer, seconded by Lynch, to adopt a resolution authorizing
and directing the Mayor to execute a contract with James J. Croker and
Ruth Joanne Croker for the sale of the parcel known as A-1, located in the
Lower Ralston Creek Area of Iowa City. After discussion, original motion
withdrawn. Moved by Perret, seconded by Dickson, to defer indefinitely
consideration of the above resolution. The Mayor declared the motion to
defer carried unanimously, 7/0, all Councilmembers present.
A public hearing was held to consider a proposal to convey parcel A-2
located in the Lower Ralston Creek Area. No one appeared.
Moved by Balmer, seconded by Lynch, to defer indefinitely a
resolution authorizing and directing the Mayor to execute a contract with
Leroy E. and LaVera Muller for the sale of the parcel known as A-2,
located in the Lower Ralston Creek Area of Iowa City. Councilmember
Perret noted concerns and will submit them in writing to Council. The
Mayor declared the motion carried unanimously, 7/0, all Councilmembers
present.
Pat Gilpin, 710 Diana Ct., appeared re the rezoning request of 521
Kirkwood. He reported that the neighborhood and the applicant, Dr. and
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Mrs. Larry Rigler, had met to consider an agreement that would be mutually
beneficial to both parties. He complimented the City and the applicant
for their help in working toward a solution. The Mayor noted further
discussion of the matter is scheduled for informal session on April 18th.
The Mayor announced the following vacancies: Resources Conservation
Comm. -one vacancy for an unexpired term ending 1/1/86. Housing Comm. -one
vacancy for an unexpired term ending 5/1/84. These appointments will be
made at the 5/24/83 City Council meeting.
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Councilmember Balmer requested that the Council seriously consider
some additional Block Grant money, from the additional available with the
Jobs Bill, to the Rundell Street storm sewer. The Mayor stated she had
asked for a list of City priorities, that the City had been unable to fund
thus far, for Council consideration in view of the additional funds.
Lynch questioned whether the developer of the Old Library site had
indicated an interest in the parking lot. McDonald noted they had until
February 17, 1984, to indicate interest. Neuhauser noted the denial by
Planning and Zoning of Glasgow's Subdivision near North Branch Dam and
i questioned whether the Commission had been made aware of the City's
obligations for all future considerations of this subdivision. Jane
Jakobsen, Planning and Zoning member, 'stated they were unclear of the
actual obligations. The City Attorney will meet with the Commission to
clarify the situation. Perret questioned whether there was Council
interest in pursuing an ordinance to allow businesses to have sidewalk
sales if they are adjacent to the sidewalk and the sidewalk meets minimum
sidewalk widths. A majority of the Councilmembers agreed to pursue.
McDonald reminded Council of the upcoming Planning and Zoning public
i discussions on the new proposed zoning ordinance and proposed map. He
announced the discussions will take place on Thursday evening, March 14
and 21, at 7:30 P.M. and reported that the discussion of the 14th would be
on cable television.
Moved by Balmer, seconded by McDonald, to adopt RES. 83-83, Bk. 76,
p. 210, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST CONTRACT FOR THE DUBUQUE STREET IMPROVEMENTS - WASHINGTON
STREET TO IOWA AVENUE TO STREB CONSTRUCTION COMPANY, INC., OF IOWA CITY,
IOWA. Affirmative roll call vote unanimous, 7/0, all Councilmembers
present. The Mayor declared the resolution adopted.
Moved by McDonald, seconded by Perret, to adopt RES. 83-84, Bk. 76,
pp. 211-216, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN
AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE WIDENING OF
HIGHWAY 1 FROM DUBUQUE ROAD TO INTERSTATE 80. Mayor Neuhauser stated a
letter will be sent to IDOT regarding the City's position on Highway 1
North agreement. Affirmative roll call vote unanimous, 7/0, all
Councilmembers present. The Mayor declared the resolution adopted.
Moved by Balmer, seconded by Dickson, to adopt RES. 83-85, Bk. 76,
pp. 217-230, ACQUISITION OR DEVELOPMENT FOR OUTDOOR RECREATION UNDER THE
LAND AND WATER CONSERVATION FUND PROGRAM, for construction of restrooms in
Napoleon Park. Balmer clarified the remaining fifty percent to come from
private donations. Affirmative roll call vote unanimous, 7/0, all
Councilmembers present. The Mayor declared the resolution adopted.
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Moved by McDonald, seconded by Dickson, to adopt RES. 83-86, Bk. 76,
pp. 231-236, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA GERONTOLOGY
PROJECT ADULT DAY PROGRAM FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR
CENTER. Affirmative roll call vote unanimous, 7/0, all Councilmembers
present. The Mayor declared the resolution adopted.
Moved by Dickson, seconded by McDonald, to adopt RES. 83-87, Bk. 76,
p. 237, AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY
ADDING A POSITION, of a cashier in the Finance Department. Affirmative
roll call vote unanimous, 7/0, all Councilmembers present. The Mayor
declared the resolution adopted.
Moved by Erdahl, seconded by Dickson, to adopt RES. 83-88, Bk. 76,
pp. 238-241, APPOINTING CITY CLERK, ESTABLISHING SALARY FOR FY83 AND
AUTHORIZING THE MAYOR TO SIGN EMPLOYMENT AGREEMENT. Affirmative roll call
vote unanimous, 7/0, all Councilmembers present. The Mayor declared the
resolution adopted.
Moved by Erdahl, seconded by McDonald, to adopt RES. 83-89, Bk. 76,
pp. 242-243, ADOPTING A REVISED ANNUAL BUDGET FOR PUBLIC HOUSING PROJECT
IA 22-3. Affirmative roll call vote unanimous, 7/0, all Councilmembers
present. The Mayor declared the resolution adopted.
Moved by Balmer, seconded by Perret, to adopt RES. 83-90, Bk. 76, pp.
244-245, AUTHORIZING AND DIRECTING THE MAYOR TO FURNISH A LETTER TO THE
BOARD OF DIRECTORS OF THE IOWA CITY COMMUNITY SCHOOL DISTRICT REGARDING
CENTRAL JUNIOR HIGH SCHOOL SITE. Affirmative roll call vote unanimous,
7/0, all Councilmembers present. The Mayor declared the resolution
adopted.
Moved by Balmer, seconded by Perret, to adjourn 8:55 P.M. The Mayor
declared the motion carried unanimously, 7/0, all Councilmembers present.
MA AN K. KARR, CITY CLERK
MARY C. N HAUSER, MAYOR
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EXECUTIVE SESSION
APRIL, 4, 1983
EXECUTIVE SESSION: April 4, 1983, 4:30 P.M. in the Conference Roan at
the Civic Center. Mayor Neuhauser presiding.
COUNCIIFRS PRESENT: Balmer, Dickson, Lynch, McDonald, Neuhauser,
Perret. Absent: Erdahl.
STAFFbENBERS PRESENT: Berlin, Hayek, Helling, Jansen, Karr.
TAPE-RECORDED ON Reel #28, Side 1, 430-720.
Moved by Balmer, seconded by McDonald to adjourn to executive session under
Section 28A.5(b) to discuss strategy with counsel in matters that are
presently: in litigation or where litigation is imminent where its
disclosure would be likely to prejudice or disadvantage the position of the
governmental body in that litigation. The affirmative roll call vote
unanimous, 6/0, Erdahl absent. The Mayor declared the motion carried.
Moved by Perret, seconded by Dickson to adjourn, 5:00 P.M. The Mayor
declared the motion carried, 6/0, Erdahl absent.
Informal Council Discussion
April 4, 1983
Informal Council Discussion: April 4, 1983, at 4:30 p.m. in the
Conference Room at the Civic Center. Mayor Mary Neuhauser presiding.
Councilmembers Present: Balmer, Dickson, Perret, Lynch, McDonald,
Neuhauser. Absent: Erdahl.
Staffinembers Present: Berlin, Helling, Karr, Farmer, Schmadeke, Knight.
Tape Recorded: Reel 83-5, Side 2, #1035 -End; Reel 83-7, Side 1, #1-527.
Executive Session
Moved by Balmer, seconded by McDonald, to adjourn to executive session
under Section 28A.5b, to discuss strategy with counsel in matters that are
presently in litigation or where litigation is imminent where its
disclosure would be likely to prejudice or disadvantage the position of
the governmental body in that litigation. The Mayor declared the motion
carried unanimously, 6/0, Erdahl absent.
Council returned to open session.
Highway 1 North Project (Robert Henely, IDOT)
Henely reported that on May 10 the IDOT would be letting the widening and
resurfacing of Highway 1 on the north edge of Solon, through Solon, and to
Dubuque Road in Iowa City. From just north of Dubuque Road to just south
of the I-80 interchange, Highway 1 will be widened and deepened in order
to give a 24 foot roadway with 8 foot shoulders. The pavement will have
imprinted striping at the 12 foot line and the centerline to delineate
between the travel portion of the roadway and the paved shoulders. The
rest of Highway 1 will be widened to 24 feet with 8-10 foot rock
shoulders. IDOT is building a 31 foot back-to-back pavement within Solon.
Highway 1 was widened from Solon to Highway 30 two years ago using similar
construction to what is planned from Iowa City to Solon. The section from
Dubuque Road to I-80 is not called a bikeway or sidewalk, although bicycle
and pedestrian traffic will not be prohibited. State Code indicates that
on a primary extension (such as this) IDOT has final determination on
signing and will not allow bikeway signs. IDOT currently has $55 million
of tort liability claims filed against it and.wishes to limit further
liability. Henlely explained that although the construction starts about
300 feet northeast of Dubuque Road, resurfacing will continue back another
800 feet. Neuhauser said that she has been contacted by a citizen
concerned about northeast bound traffic on Highway 1 creating a hazard
when stopping to turn into the Hy -Vee Grocery Store because following
vehicles cannot pass on the right side. Henely explained that the state
is not responsible for movement on city streets but USTEP (Urban State
Traffic Engineering Program) allows for such work to be done if dangerous
intersections need to be corrected. That intersection would be delayed
while redesigning took place but the rest of the project could proceed.
Henely stated taht the section meets all the State's qualifications for
conversion to four lanes with a 53 foot back-to-back from Dodge and
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Governor. The Council will write to the Commission stating that the City
considers the expansion to four lanes as very important.
Henely said that Benton and Riverside will be let April 12, 1983, and that
there are no right-of-way problems. There will be problems with access to
properties on the west side. The project is to take a maximum of 60
working days with completion during the last week of August. Work will
include widening, paving and traffic signals.
Henely reported that depending on Federal Highway funds allocation, the
paving and relocation of Highway 218 should have contracts let this
winter. The facility won't be available until 1984.
Henely said that the City's Iowa Avenue and Burlington Street bridge
applications are being considered. Berlin noted that the City hopes to
get a reply by this fall or early winter.
Henely stated that upon a request from the City, IDOT will do a Burlington
Street speed study and make recommendations.
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Vacation of Easement for Wolf Avenue (Frank Farmer)
Farmer explained that VA Hospitals requested that Iowa City vacate its
easement over VA land so that VA could build a parking facility at the
intersection of Wolf Avenue and Newton Road with a driveway onto Wolf
Avenue. The City proposed that the driveway should be onto Newton Road
for safety reasons and VA agreed. The driveway and parking is for
shuttles and ambulances but not staff, patient or public parking. Dickson
and Perret expressed a concern that there would be too many entrances onto
Newton Road in a short space. Neuhauser noted that the new drive is for
access to the proposed $28 million VA building and that the staff design
is better than the original VA proposal.
521 Kirkwood Rezoning
Councilmembers, City staff and Iowa City citizens discussed the rezoning
of 521 Kirkwood.
Iowa Citians understood that with M1 zoning there would be a minimum unit
size of 6000 square feet instead of the 1800 square feet allowed by RNC -
20, therefore permitting a maximum of 16 units with M1 instead of the 58
permitted under RNC -20. They would rather let the property remain M1
until the new zoning ordinance goes into effect and take the chance that
it might be put to an undesirable use. The neighborhood is resigned to
accept M1 because there seems to be more control over use and noise. An
area resident felt that commerce in the area doesn't generate as much
traffic as apartments would. Worries were expressed about apartment
parking congesting side streets. Particular concerns are the long term
effect of traffic density and loss of the quality and dignity of the
neighborhood if disgruntled residents move out of the area. A petition
was submitted with the signatures of five of six property owners near the
affected property,
Knight and Seward commented about alternatives to the RNC -20 rezoning.
With RIB zoning, 15 rental units would be permitted and R3 would allow 35
units on the 2.4 acre tract. Even at less than maximum possible density,
1h parking spaces per unit generally results with some on -street parking.
With the current zoning, trees could be removed and 15 units built while
the Large Scale Residential Development has tree coverage requirements.
Planning and Zoning considered only the current request and not all the
other possibilities. The Comprehensive Plan doesn't mean to be site
specific but rather to show general areas of land use with boundaries
between uses separated by transitional zones. The proposed RNC -20 is
deemed a more appropriate transitional zone than R58 or RN8-16. CBS is
not an appropriate zone because it is specifically meant to be adjacent to
the downtown business district. The City doesn't have a commercial zone
that would encourage a mix of transitional uses. A planned area
development is an overlay zone (a zone created specifically for a property
based on the property owner's submitted plan) which would allow the same
density as the existing zone but with alterantive types of housing,
clustering, different setbacks or other innovations. It must be owner
initiated.
Councilmembers discussed various aspects of the rezoning. Balmer felt
that the traffic would be a problem with the proposed apartment complex
and that a small commercial and residential mix would be more appropriate.
Perret concurred and noted that trees currently serve as a buffer from the
manufacturing and warehouses to the west. Lynch noted that if nothing is
done it will be developed as zoned into something like a factory which is
not transitional. Neuhauser said that if Planning and Zoning doesn't wish
to recommend a lesser density, the Council must decide whether to override
both the Planning and Zoning and property owner's request. She noted that
under Iowa law, anything appropriate to a zone is allowed and the Council
cannot ask or dictate specific uses made of a property. This is a unique
parcel because it is being changed from industrial to residential. The
Council wants to save neighborhoods but the City is under pressure by the
expanding university to provide housing. The Council must allow the
property owner to use the property for its best use. If the owner cannot
make economic use of the property and asks for rezoning, the City is hard
pressed to deny the request simply because the neighbors don't want it
changed. If the developer and neighbors could sit down together, perhaps
an agreement could be reached.
Rigler, the property owner, assumed that the property would be rezoned
when it was purchased two years ago. If it is not rezoned then he would
have to sell. The property that he developed at the corner of Governor
and Jefferson is a nice improvement and of top quality. Rigler stated
that he wouldn't remove any tress unnecessarily.
Urban Fringe
Urban Fringe will be discussed at the regular Council meeting.
Council Time
1. Berlin reported that the final draft of the Arbor Drive drainage
report is nearly ready.
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2.
Balmer raised the possibility of housing being built near the City's
Elm Grove Park.
3.
Balmer noted that the Quarterly Summary Reports still left questions
on the compressed natural gas program. Helling and Berlin responded
that a engineer is working with Berlin to solve the problem, with
preliminary evaluations done this month. In response to another
question from Balmer, Berlin said that the Safety Committee in FY83
is designed to minimize insurance costs and workman's compensation
payments. Balmer questioned the purpose of blood pressure screening
by firefighters. The blood pressure screening doesn't take away from
normal firefighting duties. Balmer inquired about the City's
contact with the County regarding the ambulance issue. Berlin and
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Neuhauser said that there has not been any contact. The State
Attorney General said that the County's funding of the ambulance
program from the Health Department levy is legal which relieves much
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of the pressure on the County.
4.
Neuhauser said that a tour should be taken of the North Branch Dam;
the Lower Ralston Creek project; Tanglewood, Ventura, St. Ann's
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Drive, and Melrose Court paving projects.
j5.
Neuhauser expressed the concern of the League of Cities on General
Revenue Sharing and the League's request to write Washington
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representatives.
6.
A compromise agreement has been reached with cable television but now
several of the cities have contacted the League of Cities urging them
to rescind their action. If a special meeting is called, Neuhauser
will ask the League to add an agenda item to rescind not supporting
increases in funding for waste water treatment plants.
7.
Neuhauser announced that there now exists a State -Local Law Center
Plan that offers experienced lawyers who will represent state and
local governments.
8. In response to a question from Neuhauser, Berlin said that Jansen is
preparing a letter to the School Board from the Council stating that
the City wouldn't move into Central Junior High if the Board moved
out and the appraisal of Central will be done within a couple of
weeks. The School Board has not gotten a written response from the
Council. Lynch suggested the Council give quicker written responses
to the School Board.
9. A schedule on MECCA funding is forthcoming. Neuhauser said that
MECCA wishes to move into the airport hangar space temporarily.
10. Neuhauser said that the president of the Library Board and the
Library Director should meet with the Council for an update. Then
the Council can determine if it wishes to work on the library
contract wtih the County or direct the library to continue
negotiations.
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11. The Council travel budget needs review. Berlin said a report is
forthcoming from the City Finance Director.
12. A strongly written letter will be sent to the U.S. Housing Appropria-
tions Subcommittee protesting the loss of funds for the Iowa City Bus
System while Houston receives $1.59 billion for a rail project.
13. The special or temporary permits to taxi drivers have resulted in
problems with people who haven't got driver's licenses and criminal
convictions. A new ordinance will be drawn outlining the entire
procedure and a memo will be sent to Council explaining problems.
14. The policy on liquor permits has not been followed. The 30 -day
courtesy notice from the City follows the official 60 -day state
notice that the liquor permits are up for renewal. Neuhauser and
i Lynch suggested that a letter stating that the permit holder is
responsible for renewal and no exceptions will be made should be sent
to all permit holders. Recurring problems with Towncrest Inn
prompted discussion. The City Clerk noted that the deadline for
getting items on the agenda is 4:30 p.m. on Wednesday. Occasionally
dram shot insurance information isn't received until Thursday noon.
Councilmembers directed Karr to write a policy concerning this
matter. They will review it at next Monday's meeting.
15. The Elderly Day Care Program wishes to use the second floor of the
Senior Center which would entail additional maintenance of $347
inclusive for FY83. Neuhauser said that the University should be
told that the City does not provide direct services for the
University program.
16. Neuhauser noted that the pending list is undated and some things are
carried over perpetually. For instance, revenue from Public Housing
Sites remains on the pending list but is no longer an issue.
17. Lynch said that he, the Mayor, and Balmer met with a representative
from a Kansas City corporation which wishes to privately build Iowa
City's new sewage treatment plant and buy the sewer system. A
detailed analysis for the Council will follow.
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SPECIAL INFORMAL COUNCIL DISCUSSION
APRIL 5, 1983
Special Informal Council Discussion: April 5, 1983.
Councilmembers Present: Perret, Neuhauser, McDonald, Dickson, Balmer
Absent: Erdahl, Lynch
Staffinembers Present: Berlin, Melling, Jansen, Karr, Schmeiser
Tape -Recorded: Reel 83-3, Side 1 entire, Side 2 N1-1795.
Schmeiser noted the items needed to be completed from earlier sections of
the zoning review:
1) The number of roomers in the more restrictive residential zones.
2) Uses in industrial zones should be studied to determine whether there
are other uses of industrial use that should be excluded or
prohibited from being developed in Iowa City and look at performance
standards to determine if the Council wishes to separate some of the
uses from I1 zones and place them in I2 zones and vice versa.
Planning and Zoning had listed the uses permitted in I2 zone as a
special exception in the I1 zone which would require approval by the
Board of Adjustment subject not only to the requirements but other
special provisions that the Board of Adjustment could attach to the
request for a special exception for certain kinds of use.
New items for review include:
1) Accessory uses and accessory use building regulations;
2) Off-street loading requirement regulations;
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3) Dimensional requirements;
4) Board of Adjustment and its power to grant modifications through
special exceptions rather than variances;
5) Tree regulations requirement change for residential use - the
requirement for one tree for every 550 square feet of floro area of
residential use has been eliminated by staff recommendation;
6) And performances standards include a new provision for Council
review.
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1. RS -5 Roomers (Revised draft 3-16-03, pg. 21)
Under Section 1-6, subparagraph C, detached single RS -5 family
dwellings allow a maximum of only one roomer rather than the two
roomers previously allowed and provided one additional off-street
parking space. In every other residential zone, two roomers are
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permitted per dwelling unit. RS -5 replaces existing R1A and R18
zones as the primary residential zone. There have been concerns
expressed that since four unrelated persons may occupy a single-
family dwelling, some problems have developed in the community with
respect to noise and cars. The legal staff has prepared an opinion
that the family may constitute two unrelated people as well as the
nuclear family. If two unrelated people occupy a dwelling unit as a
family and in addition two rooms are permitted, then four unrelated
people would reside in a RS -5 dwelling. The RS -8 is the medium
density single-family residential zone RS -5. It is not atypical to
have higher density in the zero lot line dwellings and duplexes of
RS -8.
The number of people permitted in a rooming house would be roughly
equal to the number of people permitted in a multifamily dwelling of
approximately equal floor space. A lot of the land currently zoned
R2 will become the more restrictive RS -8. Most other R2 areas will
become RM -12 which allows the same as R2 and R3. Perret noted his
preference is to have the same rooming house/one roomer per unit
restrictions for RS -8 and RM -12 for simplicity's sake. The City
Attorney noted that many of the single-family dwellings in Iowa City
have up to three roomers and they will be allowed under non-
conforming uses depending on whether they are a dwelling unit or a
rooming house.
The Council discussed changing the number of allowable roomers to the
same figure (one or two) for RS -8 and RM -12. Letters from Tom Cilek
and Sam Becker were noted re the allowed density of four unrelated
people in single-family areas because of the loose definition of
family. The City Attorney has prepared a memorandum summarizing the
Possible comcinations under the existing ordinance compared with the
new ordinance - both under the same definition of family. The
memorandum also points out the significant variation that will occur
in the RS -5 zone limiting roomers to one when additional off-street
parking is provided. Currently in the R2 zone each half of a duplex
could be occupied by five unrelated people with two unrelated people
representing a family plus three allowable roomers. The new
ordinance does not allow three roomers in any zone which results in
one fewer in each side of a duplex. Reducing the allowable roomers
in RM -12 to one would reduc.= the maximum number of people in each
half of a duplex to only three. There are no figures on the
occupancy of duplexes in Iowa City. Since permits aren't required
for duplexes, there is no controi over occupying unless a complaint
is made. In response to a question from Neuhauser, Schmeiser said
that instead of allowing nonconforming use to continue forever,
they can be amortized much as the City did with non -conforming signs.
Problems with amortization exist with determining all non -conforming
units but enforcement would still b,n on a complaint basis.
Inspections and residential appraisals will give some indication of
occupancy at too high a level. Balmer suggested that the Council
study the City Attorney's memorandum and then consider if one or two
roomers should be allowed for both RS -8 and RM -12. Perret suggested
that the definition of rooming house could be changed from dwelling
with three roomers to two roomers. Schmeiser pointed out that the
current definition is based on the housing code.
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2. Industrial Zones (pg. 160)
Schmeiser noted that these sections of the Code are very technical
and no one on City staff has the ability to regulate their use.
Section 1-68, paragraph C, covering certification requires certifi-
cation that performance standards can be met. The Council indicated
that the wording should make it clear that it is at owner's expense
and the words 'when necessary' should be removed. There is only some
resemblance to the existing Iowa City ordinances. These new
standards were taken from the model set of performance standards
developed by the American Planning Association. The proposed Iowa
City Standards were reviewed by a professor in enginereing at the
University of Iowa as well as industrial engineers for Iowa -Illinois
Gas & Electric Company in Davenport who have had a lot of experience
helping cities develop performance standards. Berlin directed City
staff (Schmeiser) to send letters to Procter & Gamble, Marti Kelly,
and several others requesting input on actual application of
standards. Schmeiser noted that he has requested input from several
companies and no one had brought up problems. There are different
performance standards required depending on the zone the use is
located in. The I1 zone is more restrictive than the I2 zone if the
use is located adjacent to a residential zone. In Section 1-69,
paragraph a, covering smoke, the Ringelman Chart is used as a
standard. Neuhauser noted that the sewage treatment plant is
exempted because it cannot be shut down. She also asked about the
difference between meat packing, packaging, and slaughter.
Schmeiser replied that packing can include slaughter but packaging
cannot. Berlin specifically reassured the Council that the proposed
new zoning ordinance prohibits slaughtering operations within the
city. Other operations prohibited because of odor include paper
mills and leather tanning. Specific prohibited uses are on page 62,
Section 1-23, paragraph bl. Steel mills will be allowed in 12 but
not I1 unless specifically prohibited by Council. The Council agreed
to add steel mills to the list of prohibited uses.
3. Accessory Uses (Article III, pg. 112)
Schmeiser said this section lists the permitted accessory uses in
each zone. The home occupations are more restrictive than the
current ordinance. Calls to houses used for home occupation are
limited to 8 a.m. to 9 p.m. The use of a house for a home occupation
is regulated so that it does not appear in any way as anything but a
dwelling. Only items made on the premises can be sold from a
premises meaning that cosmetics, antiques or other items could not be
bought at wholesale and sold at retail at a premises. Staff is not
recommending that a home occupation license is initiated. A one
square foot sign is permitted under both the current and new zoning
ordinances (p. 129). The home occuaption standards will only be
enforced on a complaint basis. Perret said, with Neuhauser
concurring, that satellite receiving devices should be banned from
side yards as well as front yards. Neuhauser suggested a change
prohibiting satellite receiving devices from roofs as well (pg. 153-
4). In commercial areas there could be requirements prohibiting view
from the street but the Council will not add restrictions at this
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time. Council agreed that satellite receiving devices should be
prohibited from side yards and roofs.
4. The additional regulations (Section 1-51, pg. 106) are similar to the
present ordinance. Certain uses are permitted in certain zones
subject to section limitations. Day care centers and preschools are
concerned with the proposed requirements limiting their use and they
will submit a draft of alternative regulations. The day care centers
and preschools are particularly worried about not being allowed in
RS -5 zones becaues of complaints about early morning high traffic
levels and the number of cars on local streets. Ten of 21 day care
centers in Iowa City are in RS -5 zones. Other communities seem not
to have a problem with this. Neuhauser noted that the larger the
center, the less appropriate they are to RS -5 zones. The centers
recommend the maximum of 20 children. The Council will study the
centers' recommendations before reaching a decision.
Drive-in theaters as limited by regulations are probably not very
probable as new Iowa City businesses, said Neuhauser.
Schmeiser said elderly housing provisions are unchanged.
The zero lot line zone is RS -8. Jim Maynard put together a zero lot
line study to which the Council can refer. The study says that the
zero lot line design cannot be controlled through conventional
zoning. While a five foot side yard is deemed sufficient, ten feet
are required of dwellings on the non -zero lot line side. In
Coralville a duplex on a 6000 square foot lot can later be divided
into two units on 3000 square feet separated by a one-hour firewall.
In Iowa City either a two-hour firewall or two one-hour firewalls are
required. Neuhauser said that the less stringent Coralville
standards on firewalls and utility connections are not appropriate
for Iowa City --essentially the houses should stand on their own. The
proposed lot size for Iowa City is 4000 square feet. Coralville's
smaller requirement for zero lot line was attractive to much of the
Council and they will consider it. Staff will examine whether a one -
or two-hour firewall should be used to separate zero lot line
dwellings. The major reason that duplexes can be built on smaller
lots than the corresponding zero lot line units is that duplexes
maintain a common yard. Neuhauser noted that requirements are not
meant to be restrictive to imaginative design and perhaps the zoning
ordinance should help encourage more freedom in design by dictating
only minimal requirements. The State Fire Marshal recommends 12 feet
between buildings. The Council agreed to allow zero lot line
dwellings in RM -12 zones at RM -12 density rather than RS -8 density as
initially proposed but single-family dwellings in RM -12 will still
be at RS -8 density. Schmeiser pointed out that there is only
positional difference between a detached single-family house and a
zero lot line house. Neuhauser replied that the different lot size
is appropriate because it encourages a variety of housing types in
RM -12. In Fort Collins there are clusters of different types of
housing and Iowa City only has such clustering on Friendship bewteen
Court and Washington. Schmeiser argued that market forces
encourages clustering of different kinds of housing on the same
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street. The only difference between a zero lot line unit and a
condominium is that a zero lot line unit includes ownership of part
of the lot while the condominium does not. The proposed zoning
ordinance gives more flexibility on yard regulations and a greater
provision for different types of housing without resorting to a PAD.
Schmeiser said that low-cost housing is primarily achieved by zero
lot line housing and the Manufactured Housing Zone (RMH). The
Council decided to listen to developers, as well as Kucharzak and
Siders, before deciding on minimum lot sizes for RM -12.
5. Tree regulations (Section 1-66 and 1-67, pg. 155) differs from the
present zoning ordinance. The present ordinance has three sets of
requirements for trees: 1) trees along R.O.W.; 2) trees for
residential use; and 3) trees along parking. The proposed ordinance
essentially ends the requirements for trees for residential use
based on square foot area because the requirements now require one
tree for every 550 square feet of floor area is excessive. Single-
family is exempt from tree requirements because single-family
homeowners do their own landscaping. The existing ordinance does not
exempt duplexes while the proposed ordinance does. Schmeiser noted
that in one case a 12 unit apartment house had to have 16 trees in the
front yard to meet the current tree requirement. Perret pointed out
that because the rest of the lot was paved, all the trees were forced
into the front yard. The Council will look at some problem areas
before deciding on omitting the residential tree requirement. The
requirement on trees in parking areas is the same under both the
current and proposed ordinances. A 12-plex is the largest complex
possible without requiring trees in the parking aras.
Sections 1-61 through 1-65, outline dimensional requirements.
Schmeiser noted that the provision of Section 1-64, paragraph b, is
to enable special exceptions to be made rather than variances which
may only be made in case of unnecessary hardship as required by State
law. This will allow greater flexibility. Hot tubs are mentioned in
the proposed ordinance but not the current ordinance. If a hot tub
or pool is allowed in the front yard of a hotel, it would have to be
screened. Height exceptions are in addition to the special
exceptions under the regulatory ordinance for a public utility
franchise.
Other Council Discussion
During the meeting a request for a special meeting was turned down to
vote on approval of the liquor license for Towncrest Inn. All the
papers were in order with the dram shop insurance notification in the
mail.
The Mayor will personally contact Council members who chronically
miss Council meetings without prior notification.
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Informal Council Discussion
April 11, 1983
Informal Council Discussion: April 11, 1983, at 4:30 p.m. in the
Conference Room at the Civic Center. Perret presiding.
Councilmembers Present: Perret, Balmer, Lynch, Erdahl, Dickson, McDonald
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Absent: Neuhauser
Staffinembers Present: Berlin, Helling, Karr, Jansen, Zehr, Knight,
Franklin, Schmeiser, Boothroy, Farmer,
Holderness, McGonagle, Siders
Tape -Recorded: Tape N83-5, Side 1, N1-2058 -
Applications to Planning and Zoning Commission: (Knight, Franklin)
Rezone 624 S. Gilbert Street, C2 to R34. Franklin explained that
although the Comprehensive Plan Update and proposed Zoning Ordinance
don't show housing, residential in this area is an appropriate use.
Knight said that a staff report is forthcoming and that the request to
schedule a public hearing prior to Planning and Zoning Commission action
was done to expediate the whole process.
y Rezone 521 Kirkwood Avenue, M1 to RNC -20. Applicant requested action be
postponed until April 18th.
Off-street Parking Areas: Discussion deferred to later agenda item.
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Rezone .93 acres, vicinity of Van Buren and Johnson, M1 to R3A. Erdahl
discouraged collapsing the readings. He will meet with Franklin to
discuss this rezoning. Perret inquired about the required minimum
distances between buildings with housing units and railway R.O.W. The Van
Buren Village parking design meets the new design standards.
Lot 31 Strebs Second Addition. Applicant requested the Council to defer
resolutions until later date.
Airport Report (Jansen)
In an April 11, 1983, conference phone call with Jansen and Fred Zehr, Mel
Fisher (head of FAA's compatible use requirements for airports, Kansas
City) stated that the FAA is sending Iowa City a letter strongly objecting
to the locating of the R Plaza Project in the Iowa City airport's clear
zone. FAA requirements prohibit residential developments in a clear
approach zone. Fisher said the City should stop the development but was
told the City had no legal basis for doing so. In a subsequent conference
phone call with Berlin, Jansen, Sasser (FAA regional chief) and Brennan
(FAA regional attorney), Sasser said that this is a safety issue and the
Iowa City grant application for $200,000 runway improvements is in
jeopardy. After general discussion, Council agreed that the City Manager,
Jansen, airport staff,and the developer would work on the problem and
report back to the Council.
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Off-street Parking
The Council agreed to vote on the off-street parking requirements at their
regular meeting. Attorney William Sueppel expressed concern about his
client's difficulty with proceeding with land development because of the
lack of a standard for parking requirements.
Policy on Individual Rezoning Applications (Boothroy)
Boothroy reviewed the April 5, 1983, memo sent to the Council and noted
the concerns of handling both individual rezoning applications and public
hearings on the proposed zoning ordinance. Perret suggested that the
Planning and Zoning Commission should not expedite rezoning applications
j and waive readings or time requirements.
Bus Shelters
The Council requested that Larry McGonagle, Transit Manager, bring
recommendations to the Council on the locations for bus shelters.
McDonald recommended that a shelter be placed on Westminister and Court.
Shamrock/Friendship/Arbor Drainage Problems
The City Manager explained that the most expensive solution (a full
culvert) to the Shamrock -Friendship -Arbor flooding problem is also the
most satisfactory, although expensive. No more than 30 houses are
affected by the flooding. Farmer explained that the channel upstream from
Shamrock will not hold the water from a five foot storm, so any solution
must include improving the channel. Merely improving the channel wouldn't
significantly improve the situation without also installing a new
culvert. The total cost per house for the culvert and channel improvement
could approach $10,000. The problem should not become worse with future
construction to the east because of required retention basins which would
have to be installed where unimproved land currently doesn't hold the
water. Berlin said that an expensive project would have to be funded
either from the General Obligation budget or from GO bonds which would
raise the costs considerably. Farmer said that a steel tube would be
impractical because it would have to be larger than a concrete culvert to
handle the same amount of water. A special assessment would have to
include the entire 175 acre drainage area as a project. Balmer said that
revenue sharing might be a possibility also. Berlin recommended that any
solution must provide a significant improvement or expectations would be
falsely raised. He is concerned that a partial solution that would
increase water flow would create more problems such as erosion. Lynch
questioned whether this is the last area in the City with major water
management problems. Only about four houses in the Shamrock area actually
have flooding in the houses and the rest have flooded yards. Farmer will
look at all alternatives and consider financing solutions with the
Director of Finance.
St. Ann's Drive/Other Paving
Farmer said that on a cost share basis, the ten percent allowed for
engineering would be spent regardless of how the project proceeds. The
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ten percent allowed as a margin for error can be eliminated with good
planning. Berlin said funding could come from revenue sharing, Block
Grant money from the jobs bill, or GO bonds. The 75 percent funding by the
City referred to in a memo is only an alternative. Balmer noted that
since the property owners benefit from the improvements, they should share
the cost, especially on the street portion. The Council agreed that
sidewalks could be financed with Community Development money. Berlin said
staff would present an estimate of costs if the City used Block Grant
money for sidewalks where lots are developed, absorbed overhead costs, and
distributed actual construction costs of paving on a variety of formulas.
He added that it must be taken into account that some people charged for
the improvement under a special assessment are actually removed from the
benefit and the people who actually benefit should pay. Bill Casey, 2039
Tanglewood Street, presented pictures of his streets and spoke in favor of
the City improving and/or maintaining the street. Lynch said there is a
consensus of the Council to deal with the situation and it is a matter of
deciding how. Numerous citizens spoke against an assessment for St. Ann's
Drive project because of the high cost to benefit ratio. Lynch suggested
getting recommendation from staff and then setting a public hearing.
Urban Fringe Issues
Erdahl stated that commercial development would be allowed on the
commercial side but not the county side of I-518 in Area 8. There is a
problem with asking the County to keep half of a prime intersection
limited to agricultural use. Therefore, the County will develop a long-
term plan of the area as commercial development. The City will not annex
the area and the County will guarantee compatible development. The County
is developing site plan standards for commercial development such as
highway commercial which will control what would happen there, The County
currently doesn't have standards that sufficiently control land use so
they are developing the appropriate standards, and will issue a report on
them to the City in two months. Area 7 will be primarily agricultural,
possibly with residential along Highway 1 where additional streets would
not need to be provided. The Johnson County Board of Supervisors might
rezone to assure that the area would remain agricultural. In Areas 3 and
4 as well as some other areas, the City proposed three levels of
subdivision standards to deter growth but also have better county roads in
subdivisions which aren't to be annexed into the City. The County offered
a counter -proposal to develop more stringent county subdivision
requirements for the County. Staff will give the Urban Fringe Committee a
report on Areas 2, 3, and 4 at the next meeting. All the areas will be
reported on by the June meeting which allows three months to work out a
final agreement.
Council Time
1. Erdahl noted that the City needs an Airport Commission to meet
certain funding requirements.
2. Agenda items 6 and 8. Balmer noted that although the involved
properties need to be elevated four feet, actually it won't be
necessary because of improvements already made. Berlin stated that
the bidding parties knew that the property would have to be elevated
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when the bids were made. Helling explained that it would be six
months before the process would be completed including the remapping
which would negate the necessity to elevate the properties.
Remapping involves computer models, preliminary drawings, and
federal work. Croker has applied for a variance to the elevation
requirement. Staff is hesitant to recommend approval until the
remapping is done. Berlin explained that although the City has
reserved a 20 foot maintenance area next to Ralston Creek there has
been no decision on public ownership.
3. Agenda item 10b - Vacancies. The Council noted that Vander Zee was
the Housing Commission representative on Committee for Community
Needs.
4. Agenda item 18. Balmer suggested that the City Clerk ask to be - -
exempted from jury duty if asked. The Council discussed the
practicality of asking her to request exemption. It was noted that
if she is required to serve she should be paid her full City salary
minus the jury duty fee.
5. Alley between Van Buren and Johnson. In response to a question from
Erdahl, Berlin explained that a report would be forthcoming about the
alley.
6. Letter from Transit Drivers. Perret reported that he has received a
letter from 33 City bus drivers expressing concern about the safety
in the Washington Street bus loading area downtown. He noted that
there are inherent conflicts in the area among buses, pedestrians,
automobiles, and bicycles that should be discussed at an informal
Council discussion. Members of the JCCOG staff are doing part of the
Federal Highway Administration case study, Impacts on Improvements.
Berlin will get appropriate materials to the Council for study and
bus drivers will be notified of the informal discussion.
7. Vandalism. In reply to McDonald, Berlin said that while there has
been some damage to automobiles in parking ramps, most of the damage
has been to the structure itself.
8. QuikTrip Letter. Perret stated he was not especially sympathetic to
requests for special consideration on sign variances.
9. Berlin requested and received clarification on the timing of his
bonus.
10. In a memo from the Finance Director, the Council received information
on the travel budget and considered a FY84 adjustment. Berlin
pointed out that special programs and projects often demand extra
travel. Erdahl suggested realistic limitations on travel and
suggested that a policy be formulated.
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