The URL can be used to link to this page

Home My WebLink About1983-08-01 Council minutesCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 1, 1983 Iowa City Council, special mtg., 8/1/83, 7:30 P.M., in the Council Chambers. Mayor Pro tem Perret residing. Councilmembers present: Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Absent: Neuhauser. Staffinembers present: Helling, Jansen, Karr, Farmer, Holderness, Boothroy. Tape recorded on Tape 83-18, Side 1, 183-1184. A public hearing was held on the proposed vacation of alley right-of- way abutting 522 South Dubuque Street. No one appeared. A public hearing was held on the proposed disposition of vacation of Gilbert Street right-of-way abutting 624 South Gilbert Street. No one appeared. A public hearing was held on a proposed ordinance amending Chapter 8.10, the Zoning Ordinance of the Municipal Code of the City of Iowa City, Iowa, by deleting Section 8.10.50, Airport Overlay Zones, and substituting in lieu thereof a new Section 8.10.50. Balmer stated he was removing himself from any further discussion and voting on this issue because of a connection with the company concerned. Atty. Wm. Meardon, representing Plumbers Supply, appeared re a letter filed with the Clerk earlier in the day. Meardon stated that easements obtained by the City from Plumbers Supply stated the glide slope would be 40 to 1. Review of appraisals led to a decision that a 20 to 1 would suffice. He further stated that the proposed 34 to 1 would be more restrictive and that planned construction would be prohibited if changed from 20 to 1. Russ Schmeiser, Airport Commissioner, appeared re FAA concerns on runways 6 and 30. Moved by Lynch, seconded by Erdahl, to receive and place on file letters of objection from Plumbers Supply and West Side Company. The Mayor Pro tem declared the motion carried unanimously, 5/0/1, Balmer abstaining and Neuhauser absent. Individual Councilmembers expressed their views and concerns re the proposed ordinance. Moved by McDonald, seconded by Dickson, that the ORDINANCE AMENDING CHAPTER 8.10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY DELETING SECTION 8.10.50, AIRPORT OVERLAY ZONES, AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 8.10.50, be considered and given first vote for passage. Balmer reiterated his intention to abstain. The Mayor Pro tem declared the motion carried, 5/0/1, with the following division of roll call vote: Ayes: Erdahl, Lynch, McDonald, Perret, Dickson. Nays: None. Abstaining: Balmer. Absent: Neuhauser. Councilmembers McDonald and Erdahl requested further information be furnished to Council prior to the second consideration of this ordinance. A public hearing was held on the Resolution of Necessity for Block 6, Lyon's 2nd Addition Special Alley Paving Assessment Project. Don Pietrzyk appeared re his assessment and questioned the procedure used for the apartment complexes in the area. City Engr. Farmer stated assessments MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES r J 1 COUNCIL ACTIVITIES AUGUST 1, 1983 PAGE 2 were based on frontage and depth of properties as well as usability. Moved by Dickson, seconded by McDonald, that the correspondence from Don and Dorothy Fowles be accepted and placed on file. The Mayor Pro tem declared the motion carried unanimously, 6/0, Neuhauser absent. PD. 626 V627byRESOLUTIONeWITHeRESPECTcTOoTHE ADOPTION OF THE RESOLUBION70F NECESSITY PROPOSED FOR THE BLOCK 6, LYON'S 2ND ADDITION SPECIAL ALLEY PAVING ASSESSMENT PROJECT - 1983. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. P. 628FvOITRACT G THE TILE OBID DOFkDETAILEDaPLANSRAND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE 70 BIDDERS ON THE BLOCK 6, LYON'S 2ND ADDITION SPECIAL vote unanimousP6/OG Neuhauser JTabsentCPROJETThe MayorAPrortemldeclaredctall he resolution adopted. Moved by Balmer, seconded by Dickson, to adopt RES. 83-237, Bk, 78 PP. 629-630, 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 BLOCK 6, LYON'S 2ND ADDITION SPECIAL ALLEY PAVING 1 I ASSESSMENT PROJECT - 1983. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Balmer, seconded by Dickson, to adjourn to informal session, 8:35 P.M. The Mayor Pro tem declared the motion carried, 6/0, Neuhauser absent. �II 2�vt d �r►-� DAVID PERRET, MAYOR PRO TEM —)17irA ix% 9ii MARIAN K. KARR, CITY CLERK r, Y1 j MICROFILMED BY .JORM MICRO_ LAB i I CEDAR RAPIDS -DES MOINES, J Informal Council Discussion July 25, 1983 Informal Council Discussion: July 25, 1983, at 7:30 p.m. in the Conference Room at the Civic Center. Mayor Pro Tem David Perret presiding. Councilmembers Present: Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Absent: Neuhauser. Staffinembers Present: Berlin, Jansen, Karr, Brachtel. Tape Recorded: Reel #83-22, Side 1, #1520 -end, Side 2, #1-358. FAA/Airport Lynch questioned the letter from FAA re "status compliance." Berlin said he will meet with Russ Schmeiser, Emmit George, Fred Zehr, and the Mayor Pro tem to discuss the letter. Jansen expressed concern about the FAA's disagreement with his legal opinion. At Berlin's suggestion, Jansen called the FAA regional counsel, Mr. Brennan, expressing interest in the FAA's suggestion to deny an occupancy permit to the disputed building and Jansen asked if Brennan had a concrete legal suggestion for such a denial. Brennan called back later saying that he had no case to cite. Lynch said the Council had to take responsibility for the problem and work out some positive approach. Perret said individuals representing the City have already bent over backwards trying to accommodate the FAA's position without success. Berlin said that representatives of the Airport Commission have met in Kansas City to discuss alternatives in a concerted effort to progress. Balmer says that the FAA is seeing conflicting stories from Iowa City because of the law suit and the community needs to speak with one voice to ti be heard politically. Lynch suggested forming some group on at least an ad hoc basis to represent all interested Iowa City parties in order to speak to the FAA with one voice. A broader base approach is indicated. Board of Adjustment Balmer questioned the legal status of the City on the Home Town Dairies issue. Jansen explained that stop work orders have always been issued when a decision is appealed. An appeal is meaningless if the building is built by the time the appeal is decided. He said that the amendment makes the stop work order clear and does not put the City in the position of incurring liability except for actually passing the amendment. The state and City code both say an appeal must be filed in a reasonable amount of time. Council recommended that the Board of Adjustment establish a fixed time for appeals such as 15 days. It would be harder for the builder to go to court to set aside the appeal with this ordinance. Lynch said that since a building permit has been granted and construction started, some mechanism should exist to quickly eliminate frivolous appeals from blocking construction. Erdahl stated that this ordinance is meant to clarify the appeal process and not to radically change it. The process has been much abused in the past but Jansen said it could be abused by people willing to pay the $75 filing fee. Balmer suggested a higher filing fee. The problem with an appeal filing date is that builders could prevent many appeals by not beginning construction until the appeal date is passed. Lynch suggested that either a 20 or 30 day filing period be recommended to the Board of Adjustment and a $150 filing fee be instituted in place of the $75. Erdahl t+ .MICROFILMED BY S JORM MICROLAB CEDAR RAPIDS•DES'MOINES agreed. Jansen will look into the legality of directing the Board to institute a filing period. IDOT Speed Stud Perret reviewed Brachtel 's memo. Perret and Balmer expressed reservations about raising the speed limit to 30 miles per hour in residential/pedestrian areas. Enforcement is higher on Governor and Dodge Streets. McDonald and Dickson had no problems with the proposed changes. Perret directed Brachtel to pursue the changes as outlined. In a response to a question from Dickson, Brachtel said that the new lights at the intersection of Riverside and Benton are waiting for the poles. Balmer expressed concern that only half of Riverside Drive is being overlayed. Staff will report back. Highway Commercial Zonin Perret said that the County Planning and Zoning Commission approved highway commercial zoning for several areas on the west side of the Highway 218 - relocated Highway 1 interchange. A large tract of that parcel will be used for the Kirkwood campus but questions about smaller tracts remain. Because of the Fringe Committee's involvement, the City Manager thought the matter appropriate for Council discussion. Balmer said that the land in question was considered for annexation but finally was left to the County. Erdahl explained that the County recognized the pressure to develop the land and opted for something analagous to planned area site development so they would have more control over what went in and include innovative ideas in regards to sewage disposal, wells, etc. which would be inappropriate for the City but not the County. Kirkwood in particular is valuable in introducing innovative ways to deal with sewage problems. Perret said he thought that most urban development would take place in Iowa City in small strips of highway commercial outside of Iowa City are inappropriate. McDonald said he and Erdahl agreed that the Fringe Committee's agreement was a major breakthrough. The County's willingness to develop new site standards relieved City fears of an unchecked development. The County will present their standards in August which should minimize problems. Erdahl felt that the County understands the City's position on wanting to limit highway commercial type zoning. Electrical Franchise Perret said that tonight's task should be to appoint a negotiating team. Balmer said that he wants to see the company's response to the City brought before the Council and not just the negotiating team. Berlin said he assumed that all communication and action would be with the total Council. Jansen compared the process to negotiation with labor unions under the open meetings law. Lynch said that a detailed response is appropriate for public discussion. Erdahl noted that Jansen and Berlin would deal with the company at the Council's direction. 624 South Gilbert Jim Clark told Perret earlier that one possible solution to the problem with fumes is to build the apartments on top of an open air garage in addition to the ventilating system. The property is already C2 which allows 11 units while Clark wants rezoning to allow 24 units. Clark said that the open air MICROFILMED BY f t?h 'JORM MICROLAB I CEDAR RAPIDS -DES -MOINES r .. J ventilation system would allow air to flow through three sides of the pa Clark also rking garage. The primary ventilating system would be under the slab. said that he was open to a maintenance bond and would put trap doors into the concrete for checking the ventilation system if the City would like it. Berlin said he thought that with the parking garage addition a maintenance bond wouldn't be needed as long as a liability waiver or insurance is provided. Clark needs to submit a written proposal before the City can formally respond. McDonald said that Clark should improve the alley but not at City expense and Clark concurred. Clark noted that he is operating under a time constraint. Balmer said that it isn't useful to take Clark's proposal before the DEQ. Jansen explained that a maintenance bond is a guarantee that the ventilation system would be maintained by the current owner. The agreement, when finalized, would become a covenant running with the land that the current owner maintain the ventilation system. Lynch asked if the covenant wouldn't eliminate the need for the bond but Erdahl said that the bond guarantees that someone maintains the ventilation system. Berlin noted that the critical thing is to maintain a liability insurance policy that would relieve the City of all liability. Jansen suggested that self-insuring might be an option. Balmer was concerned with the long-term liability problem. Clark takes the chance because the covenant with the land absolves the City of all risk. Clark's responsibility will not extend past his sale of the property. Announcements I. Perret received a letter from the National League of Cities concerning the reauthorization of general revenu Senate this week. e sharing. It will be acted upon in the 2. John Moreland's invitation to Councilmembers to view the Iowa -Illinois Manor Development on Thursday, July 28, noted. 3. The City Council gave the Daily Iowan reporter, Mark Leonard, a token momento on his last Council meeting. Meeting adjourned 9:00 p.m. 41 � MICROFILMED BY '.JORM MICROLAB I CEDAR RAPIDS•DES^MOINES •I J