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HomeMy WebLinkAbout1983-08-02 Council minutesr 'I Informal Council Discussion July 18, 1983 ncil at Informal he Civ cu Center.--M;;Or-$roJtem David983, at Perret presiding in the Conference Room Councilmembers Present: Lynch, McDonald, Perret, Balmer. Absent: Neuhauser, Dickson, Erdahl. Staffinembers Present: Berlin, Schmeiser, Knight, Jansen, Hauer, Farmer, Karr, Zehr, Brachtel, Davidson, Tippe. Orant��nt' Keith Kafer, Attorney N. Russo, Attorney Wm. Sueppel, William Shelly Plattner, Bruce Glasgow, Mike Furman, Pat Moore, plus other developers. Taoe R-: Reel 83-21, side 2, N86 -end, Reel 83-22, side 1, '81-520. Scheduling Perret said that the Iowa Commerce Commission has invited the City of Iowa City to participate in an informal public hearing August 2 in Davenport at 7:00 p.m. The City's scheduled Council meetingof August 2 would conflict with that. Perret suggested that the Council could A) have a formal meeting August 1 consider all matters plus a very short August 2 meeting for to the public hearings already scheduled or 8) meet earlier in the day August 2 to consider all the heKarr noted tters not havealready alreadysbeen scheduled orrAugust 2 withlater inenotices published towmeetbthe 15 day requirement and there wasn't enough time to reset the hearings on the concern that sale of the pipe yard bonds and the Wheater Road rezoning. Knight expressed inconvenience affected Property the po ners.ust 2Cllynchusuggestedblic isetting othwould erpublic1 hearings on the lst and hope that the two hearings set for the 2nd would be brief. Karr noted that six Councilmembers need to be present for consideration of the Lyon's Second Addition Special Alley Paving Assessment. The Council will consider all agenda matters, except the two public hearings, on August 1 unles the City Clerk raises an objection because of the scheduling requirements. s Planning and Zoning A• 522 S. 0 b ue Street, vacation of alley right-of-way. Knight said that the C ty wants to maintain an easement over the entire width of the right- af-way. The 121 feet directly to the south of this was previously vacated. Richard McKeen, property owner of 522 S. Dubuque Street and the property owner on the west side, have indicated interest in buying their respective halves of the alley. B. 624 Gilbert Street, public hearing on the proposed disposition of the vacated Gilbert Street right-of-way. Knight said that this right-of-way was vacated in 1972 and Clark have expressed an interest in purchasing it. The Council has previously expressed a concern about using some property for a driveway onto Gilbert Street. Knight said use may be restricted as part of the sale. MICROFILMED BY ?' :JORM 1411CROLAB I CEDAR RAPIDS•DES'MOIRES ff ;1 ; 1 C. 521 'Kirkwood, setting a public hearing on proposed rezoning. Knight said that this is the neighborhood's application and has been recommended for been approvalPerret said that there hs nPublic n concernabout the latninand e datemofsthe public hearing. The Council agreed to leave the public hearing on August 16• D. Westgate Addition setting a public hearing on proposed rezoning. This is an expanded 'in the same vicinity as the previous area. It conforms With the comprehensive plan and the proposed zoning ordinance. E. Polvers - the Board of Ad'ustment, setting a public hearing on the proposed amendment. Knight said that this ordinance was prepared by City legal staff and is a response to Judge Swales' ruling regarding the Home Town Dairies case. F/G Airport Overlay Zone. Perret said that the City will either have to consider the ordinance at a special meeting or suspend the rules.. Balmer and Lynch preferred to wait until all questions are answered but were agreeable to waiving the readi FAA response ings. Lynch asked staff if the City has any n writing to the verbally agreed on solution to the airport overlay. Jansen said that the City is waiting for a written response. Zehr said the letter should be here this week. Jansen said legal staff iw waiting for the go ahead from the Council on an airport ordinance patterned after the Johnson County -Cedar Rapids ordinance. H. valley Avenue and Lincoln Avenue, vacation of certain alley right-of-way. 57no alseusslon. W I. T 'n Cae Part 3, final planned area development. Knight said that there s no con Ict with this development and the airport overlay zone. The question of screening is answered in a Helling memo. J. LSRD T 'n Cae Part 3. Knight said that the Council should take no action on th s reso ution until after the third reading of the previous ordinance. K. 223 S. Riverside Court. Knight said that the applicant has requested that the ounc waive the second reading and take final action. Perret said that that action requires six members. L• 624 S. Gilbert Street. Knight said that applicant has requested that lou—n-07 glue second reading in order ventilation to expedite the process: The wasreviewing hem ybeing Berlin eexplaiinedpthat the asked eq iredvimpartial review was being done by an independent third party. Council agreed to give second reading tomorrow night but reserved the right to deny final approval if all questions are not satisfactorily answered. MIN. First and Rochester Addition. No discussion. Airport Clear Zone Perret noted that the City has received a petition for declaratory relief from the Committee of Concerned Persons for Iowa City Airport Safety. Jansen said a formal response will be required for the committee. The committee's attorney, kl MICROFILMED BY II 'M' 'JORM MICROLAB CEDAR RAPIDS -DES MOINES a Nick Russo, was present. Jansen said the petition asks that the Council and the Airport Commission hold a joint public hearing and then enter a declaratory judgement concerning the points under items 12 and 13 of their petition. After making a ruling on the eight points, the City would be asked to enter a judgment requiring the City Manager to refuse an occupancy permit for the building. Jansen said that the claim is that the petition is authorized by the City's administrative code but it is his view that the code does not establish the Council as an administrative agency. Iowa City's administrative code provides for the filing of ordinance violations and then provides a hearing on appeal from the filing of those violations and in certain other limited cases. This petition asks the Council to make a judicial declaration and Jansen doesn't believe that the Airport Commission has any authority to act as a judicial body or that the Council has any power to require the Airport Commission to participate in any joint hearing. Jansen went on to say that Iowa law holds that a city council acts as a legislative body not a judicial body except in very limited situations when the Council is empowered to conduct an appeal, for instance in permit revocations. In summary, Jansen doesn't feel that the Council has any legal duty on the Council or the Commission's part to hold a public hearing. The City building code clearly puts the duty of denying the issuance of the certificate of occupancy on the city building official, not the city manager. The codes all require the certificate to be issued, then there can be an appeal to the Board of Appeals but it cannot be ruled on in advance. Jansen said that in the portion of the petition called the notice, certain information is called for concerning public agreements or contracts with the federal government, FAA regulations, records, etc. This information is public record and certainly accessible to petitioners and may be requested from the City Clerk, Airport Manager or City Attorney as appropriate. Perret said that a formal reply should be prepared outlining the points Jansen just covered. Jansen clarified that the Council may have a hearing but he would advise against it. Berlin noted that this response in no way minimizes the City's concern. The City recognizes the very serious nature of the problems and the City will continue to pursue it. Bike Regulations Balmer took issue with the recommendation that "bicyclists use sidewalk" signs be removed saying in some areas bicyclists should use sidewalks, especially near schools and where major streets are narrow. Shelly Plattner of Bicyclists of Iowa City responded that statistics show that it is safer for proficient bicyclists (those with ability to ride in a straight line) to use streets rather than sidewalks. The recommendation would still allow sidewalk use. There is a problem with sidewalks that are not at least eight feet wide with painted lane separations to allow two way traffic. Plattner added that bikes are safer in the streets because they are more visible. Perret noted that curb cuts need to be provided to allow bicyclists to use sidewalks. Platter said that the bicycle lane marking should be removed because they are unsafe. Lynch said that the sign wording doesn't really matter to him and that bicyclists need to be integrated into a system designed for cars and pedestrians. Balmer said he doesn't see a problem with bicycles on sidewalks. McDonald said bicycles and motor vehicles on the same roadway always create problems but he doesn't mind doing away with the use of sidewalk signs. Lynch said he is willing to follow staff recommendations. Traffic Engineer Brachtel said that the streets accommodate the increased number of bicycle commuters while allowing bicyclists to use sidewalks. This does represent a shift in Council policy since the signs 1., 1 MICROFILMED BY 0i '.JORM MICROLAB CEDAR RAPIDS•DES 1401NES 0 were erected ten to twelve years ago. Staffinember Davidson said that there is a national trend away from fixed facilities for bicycles and towards directing them into the general traffic stream. Perret supported the recommendation. Lynch asked for fuller discussion when the full Council is present and he asked wants the bikelistinhe to Jeffersonvto beplattmoved andxeitherdthearigBic ht lane made wider to allow bicycle traffic or a bike lane provided along the right lane. Bikes moving on the right side are statistically safer. Perret supported a bike lane along the right side. Brachtel spoke in favor of a wider right lane rather than a right side bike lane. Plattner noted that the Manual of Uniform Traffic Control for Streets and Ni hwa s states that bicycle lanes should end less than 50 feet from intersections to integrate bicycles into the proper traffic flow at those intersections. Junior High should change the nature of bicycletter ntraffic oted a n Jefferson and Market the closing of Centrt with Plattner on this -also suggested that induction loops be highlighted. Staff will work transitBICnterchange willtbe discussed oinithe future.mark a bike lane in the downtown Economic Development Report Berlin orted 'that user has ed Develop the country butdisc ssi NThe apresident ofsthesUniversitypis curt rrently out of the country but discussions have taken place with his staff. th the Economic be received from the Economic Development Committee and President Freedman at which point an ad hoc committee will be appointed. The City hasmhadddiscusswons with the Chamber of Commerce subcommittee that wants to g publication on Iowa City economic development. It is proposed that the City would front end the cost of theion Put together a appropriate groups could use the publication to boost and rIowazCit. process. All should be ready by mid-October when the Invest in America program is scheduled for Missouri. Berlin also said that Economic Development Neuhauser has had discussions The mwith 'the Committee about funding their portion of the Missouri exhibition. Direction of this program will be determined and University h by the short term ad hoc committee with representatives of the City, Chambe, initial cost estimate is $40,000 for material r that will be useful for three to five years. Chamber of Commerce Executive Director Keith Kafer explained that film was made about six or seven years ago about the Chamber promoting Iowa City at the cost of about 525,000 but it is now out of date. It was seen by a total of 10 million in all 50 states. The proposed brochures would be specifically directed at encouraging economic development. Berlin compared the brochure to a 40 -page booklet from Elgin, Illinois and individual groups could add specialized sheets. McDonald noted theimportance of all three city segments working together. A recommendation should come days. from the ad hoc committee in about 60 Questions by Develooers Berlin said that unless the county changes it direction, the City will stay with Its current PAD procedure and legal staff will add standards to correct their legal reservations. Perret noted that the present process leaves too much discretion and there should be standards that could be referred to or a Berlin said that staff's opinion necessary to comply with legconcerns andtstillstanshoulddards maintain curbe the ent flexibim lityBerlin linsaid that optimally a new subdivision could be approved in as little as MICROFILMED BY I JORM MICROLAB CEDAR RAPIDS -DES 1101NES six weeks compared with the current three months. Individual developers haven't Yet received Berlin's July 14 memo. Copies will be sent to developers at the original discussion. Berlin will discuss with homebuilders how to get information to them efficiently. The City will continue to provide information through the Homebuilders Association by providing information to their newsletter. Several area homebuilders expressed their concern about getting information. Council Time I. Historic Prooerty Awards Margaret Nowysz explained that the award is a recognition for work in historic preservation. The Council agreed to present awards based on Historic Preservation Commission recommendations. 2. Informal Minutes Correction. Balmer pointed out a statement by Perret concerning the July 5 minutes of the informal Council meeting. Perret said that he had said that the committee has given favorable approval to the planning document that had been submitted by the transportation staff. Included in that document was a section that dealt with the transit iinterchange and there was a recommendation in there which hadn't really been discussed. Minutes will be noted. 3. Parks and Recreation Minutes of June 8. Balmer noted that the minutes state tat ,na ec,s,on on poo hours changes would be made by Berlin. Berlin said the decision was made by Parks and Recreation and approved by him. 4. Scott Boulevard. Balmer noted the letter from the Chamber of Commerce encourag ng the extension of Scott Boulevard and said it was a good idea. Lynch said three yearsi ago the economy discouraged extension but now the project might be reconsidered. Berlin said it must be considered in light of other transportation needs and how general development is progressing. Local road is a particular concern and needs to be discussed with the state and county. Sidewalk Cafe. Balmer said it would be appropriate to wait for discussion after hearing staff opinion. He isn't interested in the idea. Berlin said that staff would need quite a bit of time to come up with a workable ordinance that would limit sidewalk use appropriately. A representative of the Amelia Erhart Deli appeared and spoke of the restaurant's interest in pursuing the idea. Perret said that the City isn't allowed to issue a permit until an ordinance is approved. 6. Sale of Central Junior Hi h. Balmer noted the recommendation from the arks and ecreat on omm,ssion re the money derived from sale of Central Junior High should be ear -marked for a specific use for Parks and Recreation. The matter will be scheduled for discussion. Berlin reported the final draft of the proposed sale needs to be approved by the School Board and the Council. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES J 3 7. Appointments a. Airport. Lynch spoke in favor of appointing Harry Lewis to the Airport Commission. Perret noted the lack of women on the Airport Commission. Majority present agreed to appoint Harry Lewis. b. Planning and Zoning Commission. McDonald recommended Rod Perry and the Council concurred. 8. Sunday Liquor Sales for Stonewall'. Tavern. Karr explained that one improper sign has been removed and the other needs a permit to be legal. The matter should be resolved tomorrow. 9. Ventura Pavin The Jensen. of 2029 Dubuque Street wrote objecting to the specia assessment project on Ventura.Berlin will send a letter telling of the upcoming public hearing in six weeks. 10. Linn Street Public Hearing. Farmer and Tippe showed changes for Linn h— e! he construction should start at the end of August and take about 60 working days. Some utility work will also be done to give future flexibility. Bricks be will salvaged only if practical. McDonald questioned doing repairs during the school year when population is at a maximum. Farmer replied that it is because it is scheduled for this.year 1 and can't be started any earlier. It should be done before the hotel construction starts. 11. Hotel. Perret reported that he and Berlin visited Minneapolis and received reassurances about the hotel project. I 12. JCCOG. Balmer said that at least two Council representatives should attend the i ednesday's JCCOG meeting. 13. Boar_ d of Ad.iustment. In reply to a question from Balmer, Berlin said that s t e perc�y o'spital pparking situation has been resolved. Meeting I I adjourned at 9:50 p.m. MICROFILMED BY tai' '.JORM MICROLAB I CEDAR RAP DS- DES MOINES r m MINL._S OF OFFICIAL ACTIONS - 7/19/83 The cost of publishing the following proceedings & claims is $ Cumulative cost for this calendar year or said publication is $ Iowa City Council, reg, mtg., 7/19/83, at 7:35 P.M. at the Civic Center. Mayor Pro tem Perret presiding. Councilmembers present: Balmer, Erdahl (7:45), Lynch, McDonald, Perret. Absent: Dickson, Neuhauser. The Mayor Pro tem noted the Resolution Of Commemoration for Bill Sackter and declared July 20, 1983, as Bill Sackter Day. He also proclaimed July 18-23, 1983, Red Cross Swim -A -Cross Week. Moved by Balmer, seconded by McDonald, 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. mtgs. 6/27 and 7/11, and reg. mtg., 7/5 as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Committee on Community Needs -6/21/83; Parks & Recreation Comm. -6/8/83; Historic Preservation Comm -6/8/83; Housing Appeals Bd.- 6/22/83; Hotel coordinating Comm. - 7/7/83. Permit Motions and Resolutions as recommended by the City Clerk: Approving Class C Liquor License for The Field House, 111 E. College. Approving Class C Liquor License for Tucks Place, 210 N. Linn Street. Approving Class C Liquor License for Veterans of Foreign Wars #2581, 1012 Gilbert Ct. Approving Class C Liquor License for 6:20 620 S. Madison. Approving Class C Beer Permit and Sunday Sales for QuikTrip #539, 301 ' Market. Approving Class C Beer Permit and Sunday Sales for Discount Dan' Shell, 933 S. Clis nton. Approving Class C Beer Permit and Sunday Sales for Bills Interstate 80 DKe , Rout2. Approving Class C Beer -Wine License for The Kitchen, 9 S. Dubuque. Approving Class C Liquor License and Sunday Sales for Stonewall's Tavern, Inc,, 127 Iowa Avenue. RES. 83-228, Bk. 78, pp, 605-606, ISSUING CIGARETTE PERMITS. RES. 83-229, Bk. 78, P. 607, ISSUING DANCING PERMITS. Motions: Authorizing the City Er, to sign an .,nnlication for nse Y: i41 j MICROFILMED BY !JORM MICROLAB I I CEDAR RAPIDS DES'MOIMES (ficial Actions �� highway right-of-way for util ,ies Ily 19, 1983 accommodation to Iowa -Illinois Gas & ;ge Two Electric Company for Highway 218 (Riverside Drive) from Ernest St. south approximately 1600 feet. Authorizing the City Engr, to sign an application for use of highway right- of-way for utilities accommodation to Northwestern Bell Telephone Company for Highway 6 and Industrial Park Road. Correspondence: Transportation Committee of the Chamber of Commerce re the increased amount of semi trailer truck traffic through Iowa City and urging completion of Scott Blvd. to I-80, City Manager to reply after Council discussion. Jacalyn and Ronald Askin re drainage problems at development of Bruce Glasgow, referred to the City Manager for reply. Aage and Evelyn Jensen objecting to the amount of assessment for paving of Tanglewood and Ventura paving, City Manager to reply after Council Chapter of American Johnson American Red CrossreCfunds for FY1983-84, referred to the Human Services Planner for reply. Petition signed by 414 persons on behalf of Amelia Earhart Deli for permission to use the sidewalk at 223 E. Washington for a cafe, City Manager to reply after Council considers this matter. Memos from the Traffic Engr. re stop signs at intersection of Brookside Drive/Perry Court/Meadow Street; and Yield sign at intersection of Ferson Avenue/McLean Street. Memos from the Civil Service Commission submitting certified lists of applicants for the following positions: Cashier/Treasury Division; Recreation Supervisor/Recreation Division; Administrative Clerk Typist/City Clerk; Senior Account Clerk/Parks & Recreation; Account Clerk/Treasury Division; Civil Rights Asst./Civil Rights; Clerk Typist/Treasury Division; Parking Enforcement Attendant/Parking Systems; Maintenance Worker II/Towing Parking Systems. Applications for use of streets and public grounds: Iowa City Striders to have the 1983 MS Marathon on 11/6/83, s. MichaelRozeffp to sell MrcookiesMron Sidewalk Day, 7/22/83, in Blackhawk Minipark to benefit Martin Luther King Awards, appro- L MICROFILMED BY JORM MICROLAB I CEDAR RAPIDS -DES MOINES r l ,fficial Actions Applications for City Plaza ,.se: my 19, 1983 KXIC for permission to broadcast on age Three Sidewalk Day, 7/22/83, using space near the kiosk on Washington Street. Dan Berigan and Kevin Gibson appeared representing Amelia Earhart Deli and requested a time be set for Council consideration of their request for a sidewalk cafe. The Mayor Pro tem requested the matter be scheduled for informal discussion when all Councilmembers could attend. Affirmative roll call vote on motion to adopt Consent Calendar carried unanimously, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the motion carried. The Mayor Pro tem announced the public hearings appearing on the agenda this evening for setting on 8/2 would be set for 8/1 instead. This would allow the Mayor Pro tem to attend a public hearing on the Iowa -Illinois rate increase in Davenport on 8/2. The remaining Councilmembers will meet as scheduled on 8/2 for the purpose of the two public hearings already scheduled. Moved by McDonald, seconded by Balmer, to set a public hearing for 8/1/83 on the proposed vacation of alley right-of-way abutting 522 S. Dubuque Street. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. Moved by Balmer, seconded by McDonald, to set a public hearing for 8/1/83 on the proposed disposition of vacated Gilbert Street right-of-way abutting 624 South Gilbert Street. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. Moved by McDonald, seconded by Balmer, to set a public hearing for 8/16/83 on the proposed rezoning of certain property located at 521 Kirkwood Avenue from M1 to R2. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. Moved by Lynch, seconded by Balmer, to set a public hearing for 8/16/83 on the proposed rezoning of Lots 22-24 and 64-71 of Westgate Addition located in Keswick Drive and Westgate Circle. The Mayor Pro tem declared the motion carried unanimously, 5/0, Neuhauser and Dickson absent. Moved by McDonald, seconded by Lynch, to set a public hearing for 8/16/83 on a proposed amendment to Section 8.10.28D re the powers of the Board of Adjustment. The Mayor Pro tem declared the motion carried MICROFILMED BY I :JORM MICROLAB CEDAR RAPIOS•DES MOINES _ J1 1. MICROFILMED BY +i JORM MICROLAB I CEDAR RAPIDS• DES MOINES r ifficial Actions unan ,,,ously, 5/0, Dickson and Neuhauser 'uly 19, 1983 absent. age Four 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. Davis Foster, atty. for West Side Co., appeared and noted his letter distributed at the informal session. He reiterated concerns raised at the 7/5/83 public hearing re the airport height map and the possible impact of height restriction on West Side property. Airport Mgr. Fred Zehr answered questions and stated that the airport height map was not needed to determine the impact the zone had on property. After discussion, moved by Lynch, seconded by Erdahl, to continue the public hearing to 8/1/83 at 7:30 P.M. The Mayor Pro tem declared the motion carried unanimously, 5/0, Neuhauser and Dickson absent. Moved by Erdahl, seconded by McDonald, to accept and place on file the letter from Atty. Davis Foster representing West Side Development Co. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. Moved by Lynch, seconded by Balmer, to defer until 8/1/83 consideration of an 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. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. Moved by McDonald, seconded by Balmer, that the ORDINANCE VACATING CERTAIN ALLEY RIGHT-OF-WAY RUNNING SOUTH FROM HIGHWAY 6 BETWEEN VALLEY AVENUE AND LINCOLN AVENUE, be given first vote' for passage. Affirmative roll call vote unanimous, 5/0, Neuhauser and Dickson absent. The Mayor declared the motion carried. Moved by Balmer, seconded by Lynch, that the ORDINANCE APPROVING THE FINAL PLANNED AREA DEVELOPMENT PLAN FOR A 30.65 ACRE TRACT LOCATED SOUTH OF TY'N CAE PARTS 1 AND 2, AND KNOWN AS TY'N CAE, PART 3, be given first vote for passage. Affirmative roll call vote unanimous, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the motion carried. Moved by Balmer, seconded by Erdahl, to defer consideration of a resolution approving the final Large Scale Residential MICROFILMED BY +i JORM MICROLAB I CEDAR RAPIDS• DES MOINES r Official Actions Devt ,pment plan and the aiii,aded July 19, 1983 preliminary and final of Ty'n Cae Page Five Subdivision, Part 3, located south of Ty'n Cae, Parts 1 and 2. The Mayor Pro tem declared the motion carried unanimously, 5/0, Neuhauser and Dickson absent. Moved by Balmer, seconded by McDonald, that the ORDINANCE REZONING CERTAIN PROPERTY AT 223 SOUTH RIVERSIDE COURT FROM RIO TO R3A, be given second vote for passage. Affirmative roll call vote unanimous, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the motion carried. Moved by McDonald, seconded by Balmer, that the ORDINANCE REZONING CERTAIN PROPERTY LOCATED AT 624 SOUTH GILBERT STREET FROM C2 TO R3A, be given second vote for passage. The Mayor Pro tem restated Council consensus to go ahead with the i developer's request and indicate general approval of the rezoning prior to the expiration of the purchase offer on the ! property, but the action did not mean the j Council would approve the development unless they were satisfied with safety issues raised. Affirmative roll call vote unanimous, 5/0, Neuhauser and Dickson absent. The Mayor Pro tem declared the motion carried. Moved by Balmer, seconded by Lynch, that ORD. 83-3128, Bk. 21, pp. 88-90, REZONING CERTAIN PROPERTY LOCATED NORTH OF ROCHESTER AVENUE AND EAST OF THE PROPOSED FIRST AVENUE EXTENDED FROM RIA TO RIB, be passed and adopted. Affirmative roll call vote unanimous, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the ordinance adopted. Moved by Balmer, seconded by McDonald, that ORD. 83-3129, Bk. 21, pp. 91-93, REZONING THAT PORTION OF CERTAIN PROPERTY KNOWN AS FIRST AND ROCHESTER ADDITION LYING ADJACENT TO THE PROPOSED FIRST AVENUE EXTENDED FROM RIA TO R3, be passed and adopted. Affirmative roll call vote unanimouus, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the ordinance adopted. A public hearing was held on plans, specifications, form of contract and cost estimate for the construction of the Linn Street Improvements Project. Moved by McDonald, seconded by Erdahl, to adopt RES. 83-230, Bk. 78, P. 608, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE CONSTRUCTION OF THE LINN STREET IMPROVEMENTS PROJECT AND AUTHORIZING BIDS TO BE RECEIVED AUGUST 9, 1983, AT 10:00 MICROFILMED BY '.JORM MICROLAB r CEDAR RAPIDS -DES MOINES f Official Actions July 19, 1983 A.M. Affirmative roll call vote unan ...ous, Page Six 5/0, Neuhauser and Dickson absent. The Mayor Pro tem declared the resolution adopted. Moved by Lynch, seconded by Erdahl, that the public hearing on the Resolution of Necessity for Block 6, Lyon's 2nd Addition Special Alley Paving Assessment Project -1983, be continued to 8/1/83. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. Moved by McDonald, seconded by Erdahl, to adopt RES. 83-231, Bk. 78, pp. 609-612, RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE BLOCK 6, LYON'S 2ND ADDITION SPECIAL ALLEY PAVING ASSESSMENT PROJECT -1983. Affirmative roll call vote unanimous, 5/O, Neuhauser and Dickson absent. The Mayor Pro tem declared the resolution adopted. Moved by to defer until 8/1%83 considerate nrdofdahla resolution directing the preparation of detailed plans and specifications, form of contract and notice to bidders on the Block 6, Lyon's Addition Special Alley Paving Assessment Project -1983; and a resolution 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 Assessment Project -1983. The Mayor Pro tem declared the motion carried unanimously, 5/0, Neuhauser and Dickson absent. Eric Rose, 2260 Davis Street, appeared re air conditioning on City buses and requested buses have signs posted as to whether they were air conditioned and to also try to have the buses with operating air conditioning rotated with the non -air conditioned ones to allow every other bus on the same route air conditioning. The City Manager stated that rotating would depend on the size of bus needed for each route and not just the availability of air conditioned buses, but that staff would strive for that objective. Councilmembers agreed to have staff post signs to inform riders of the air conditioning. Rose also Pointed out the poor condition of South Clinton Street below the railroad tracks. Staff will investigate. Rose requested a stop sign be placed at the intersection of Sandusky and Taylor Drive. Staff will r _ I C; MICROFILMED BY ''i '.JORM MICROLAB CEDAR RAPIDS -DES MOIRES J Official Actions repo., back. John Bennett, 909 WeL .er, July ffi19, 1983 appeared and raised concerns re the impact Page Seven of the new apartment populations would have on small neighborhood parks. He requested staff review the situation and see if there was a potential problem and outline possible alternatives. Individual Councilmembers expressed their views. Council agreed to have staff review park acquisition for central city and schedule a meeting of the Parks and Recreation Commission, along with Planning staff, and Council to discuss park questions. James Barfuss, 130 Grove, appeared re abstention votes and the scheduling of public discussion on the agenda. The Mayor Pro tem announced three vacancies for three-year terms ending 10/1/86 on the Committee on Community Needs. These appointments will be made at the 8/30/83, City Council meeting. Moved by Balmer, seconded by Lynch, to appoint Rodney Perry, 3231 L. West Branch Rd., to fill an unexpired term ending 5/1/85 on the Planning and Zoning Commission. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. Moved by Erdahl, seconded by Lynch, to appoint Harry Lewis, 1408 Tracy Lane, to the Airport Commission to fill an unexpired ' term ending 3/1/84. The Mayor Pro tem declared the motion carried unanimously, 5/0, Neuhauser and Dickson absent. Councilmember Erdahl commented on remarks by James Barfuss re public j discussion being scheduled later on the Council agenda. Council discussed the possibility of scheduling two public discussions on the agenda, one early on the agenda and the other later. McDonald questioned when Council would be receiving a report of suggestions/alternatives for parking in the downtown area. The City Manager stated Asst. City Manager Helling and the transportation staff were working with the Downtown Association and something would be to Council in September or October. Recommendation of the Parks and Recreation Commission that any money that the City derives from the sale of Central Junior High should be earmarked for a specific community recreation facility, noted. The recommendations from the Committee on Community Needs were noted as follows re changes in the Housing Rehabilitation regulations: 1) The $3.00 service charge on weatherization should be eliminated; 2) The income guidelines should )i MICROFILMED BY .JORM MICROLAB fCEDAR RAPIDS•DES'MOINES Official Actions July 19, 1983 be amended to conform with the new HUD Page Eight Section 8 Assisted Housing guidelines. These items will be presented for Council consideration at the meeting of 8/1/83 and Commissions will be notified of scheduling. Moved by Balmer, seconded by McDonald, to adopt RES. 83-232, Bk. 78, pp. 613-618, FIXING A DATE FOR HEARING ON PROPOSED COMMERCIAL DEVELOPMENT REVENUE BONDS, SERIES 1983 (IOWASTATE BANK & TRUST COMPANY PROJECT). Affirmative roll call vote unanimous, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by McDonald, seconded by Lynch, to adopt RES. 83-233, Bk. 78, pp. 619-624, AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE BOND (THE BLOOMING PRAIRIE WAREHOUSE, INC. PROJECT) OF THE CITY OF IOWA CITY, IOWA, IN THE PRINCIPAL AMOUNT OF $363,000 TO FINANCE THE COSTS OF ACQUISITION BY CONSTRUCTION OR PURCHASE OF LAND, BUILDINGS, EQUIPMENT AND IMPROVEMENTS SUITABLE FOR USE AS A WAREHOUSE FACILITY FOR THE BLOOMING PRAIRIE WAREHOUSE, INC.; THE EXECUTION OF A LENDER LOAN AGREEMENT WITH IOWA STATE BANK & TRUST COMPANY, IOWA CITY, IOWA, PROVIDING THE TERMS AND SALE OF SUCH BOND; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE BLOOMING PRAIRIE WAREHOUSE, INC. PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SUCH BOND, AND RELATED MATTERS. The Mayor Pro tem declared the resolution adopted, 4/0/1, with the following division of roll call vote: Ayes: Balmer, Lynch, McDonald, Perret. Nays: none. Abstaining: Erdahl. Absent: Dickson and Neuhauser. Moved by Lynch, seconded by McDonald, ELIMINATto ING ES. A REQUIREMENT kFORBADDITIONAL OFF-STREET PARKING FOR LOTS 78-87 OF PENNY BRYN ADDITION, PART 3. Affirmative roll call vote unanimous, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Lynch, seconded by McDonald, that the ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE TO REGULATE THE CARRY -OUT OF OPEN BEER OR ALCOHOLIC BEVERAGE CONTAINERS FROM LICENSED PREMISES, be given first vote for passage. The City Manager explained that present law does not address leaving establishments with open containers and the Problem of littering. Affirmative roll call vote unanimous, 5/0, Neuhauser and Dickson absent. The Mayor Pro tem declared the motion carried. Yi i MICROFILMED BY II 'JORM MICROLAB CEDAR RAPIDS -DES MOINES i I Official Actions July 19, 1983 oved by McDonald, seconded b ^ that the Page Nine ORDINANCE AMENDING SECTION 23-74 AND REPEALING ARTICLE IV, DIVISION 2 OF CHAPTER 23 OF THE CITY CODE, be considered and given first vote for passage. Affirmative roll call vote unanimous, 5/0 , Dickson and Neuhauser absent. The Mayor Pro tem declared the motion carried. Movedthe by SeCROVIDING Lyn that RDINANCE PFOR COMPENSATION FOR THE MAYOR AND COUNCILMEMBERS OF THE COUNCIL OF IOWA CITY, IOWA, AND REPEALING ORDINANCE NO. 75-2765, be considered and given second vote for passage. Balmer stated he was in favor of the salary increase for the Mayor but did not agree with the increase for Councilmembers. He would vote in favor of the ordinance tonight since the majority of Council have agreed to it andwould not block the ordinance with two negative votes. The Mayor Pro motion carried tem declared the the division of votes:/1 Ayesth Erdahlollowing Perret, Balmer. 'Absent: Nays: McDonald. Neuhauser and Dickson. Moved by Balmer, seconded by Lynch, to adjourn 9:35 P.M. The Mayor Pro tem declared the motion carried unanimously, 5/0, Neuhauser and Dickson absent. A more complete description of Council activities �s on fil n the office of the City Clerk. ]brati� s/ AVID PERRET, 10 OY R PRO TEM s/MARIAN K. KARR, CITY CLERKo_t�,. -r. Submitted on 7/29/83 r; MICROFILMED BY JORM MICROLAB I r CEDAR RAPIDS -DES MOINES 1 I 0 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 19, 1983 Iowa City Council, reg, mtg., 7/19/83, at 7:35 P.M. at the Civic Center. Mayor Pro tem Perret presiding. Councilmembers present: Balmer, Erdahl (7:45), Lynch, McDonald, Perret. Absent: Dickson, Neuhauser. Staffinember present: Berlin, Jansen, Karr, Knight, Zehr, Schmeiser, Farmer, Tippe. Tape recorded on Tape 83-15, Side 2, 1221 -End, and Tape 83-23, Side 1, 1-275. The Mayor Pro tem noted the Resolution of Commemoration for Bill Sackter and declared July 20, 1983, as Bill Sackter Day. He also proclaimed July 18-23, 1983, Red Cross Swim -A -Cross Week. Moved by Balmer, seconded by McDonald, 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. mtgs. 6/27 and 7/11, and reg. mtg., 7/5, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Committee on Community Needs - 6/21/83; Parks & Recreation Comm. -6/8/83; Historic Preservation Comm - 6/8/83; Housing Appeals Bd.-6/22/83; Hotel Coordinating Comm. -7/7/83, Permit Motions and Resolutions as recommended by the City Clerk: Approving Class C Liquor License for Field House, Inc. dba The Field House, 111 E. College. Approving Class C Liquor License for James Tucker dba Tucks Place, 210 N. Linn Street. Approving Class.0 Liquor License for Veterans of Foreign Wars Post #2581 dba Veterans of Foreign Wars #2581, 1012 Gilbert Ct. Approving Class C Liquor License for 6:20, Inc. dba 6:20, 620 S. Madison. Approving Class C Beer Permit and Sunday Sales for QuikTrip Corporation dba QuikTrip #539, 301 Market. Approving Class C Beer Permit and Sunday Sales for Voss Petroleum Co. of Iowa City dba Discount Dan's Shell, 933 S. Clinton. Approving Class C Beer Permit and Sunday Sales for William Kron, Jr. dba Bill's Interstate 80 DK, Route 2. Approving Class C Beer -Wine License for Pamela Gaines dba The Kitchen, 9 S. Dubuque. Approving Class C Liquor License and Sunday Sales for Bill Mihaopoulos dba Stonewalls Tavern, Inc,,PER127 Iowa Avenue. RES. 83-228, Bk. 78, pp. 605-606, ISSUING CIGARETTE MITSk. 607, ISSUING DANCING PERMITS. . RES. 83-229, B 78, p. Motions: Authorizing the City Engr. to sign an application for use of highway right-of-way for utilities accommodation to Iowa -Illinois Gas & Electric Company for Highway 218 (Riverside Drive) from Ernest St. south approximately 1600 feet. Authorizing the City Engr. to sign an application for use of highway right-of-way for utilities accommodation to Northwestern Bell Telephone Company for Highway 6 and Industrial Park Road. Correspondence: Transportation Committee of the Chamber of Commerce - re the increased amount of semi trailer truck traffic through Iowa City and MICROFILMED BY '.JORM MICROLAB j CEDAR RAPIDS -DES MOIRES r Council Activities July 19, 1983 Page 2 urging completion of Scott Blvd. to I-80, City Manager to reply after Council discussion. Jacalyn and Ronald Askin re drainage problems at development of Bruce Glasgow, referred to the City Manager for reply. Aage and Evelyn Jensen objecting to the amount of assessment for paving of Tanglewood and Ventura paving, City Manager to reply after Council discussion. Johnson County Chapter of American Red Cross re funds for FY1983-84, referred to the Human Services Planner for reply. Petition signed by 414 persons on behalf of Amelia Earhart Deli for permission to use the sidewalk at 223 E. Washington for a cafe, City Manager to reply after Council considers this matter. Memos from the Traffic Engr. re stop signs at intersection of Brookside Drive/Perry Court/Meadow Street; and yield sign at intersection of Ferson Avenue/McLean Street. Memos from the Civil Service Commission submitting certified lists of applicants for the following positions: Cashier/Treasury Division; Recreation Supervisor/Recreation Division; Administrative Clerk Typist/City Clerk; Senior Account Clerk/Parks & Recreation; Account Clerk/Treasury Division; Civil Rights Asst./Civil Rights; Clerk Typist/Treasury Division; Parking Enforcement Attendant/Parking Systems; Maintenance Worker II/Towing Parking Systems. Applications for use of streets and public grounds: Iowa City Striders to have the 1983 MS Marathon on 11/6/83, approved. Mr. and Mrs. Michael Rozeff to sell cookies on Sidewalk Day, 7/22/83, in Blackhawk Minipark to benefit Martin Luther King Awards, approved. Applications for City Plaza use: KXIC for permission to broadcast on Sidewalk Day, 7/22/83, using space near the kiosk on Washington Street. Dan Berigan and Kevin Gibson appeared representing Amelia Earhart Deli and requested a time be set for Council consideration of their request for a sidewalk cafe. The Mayor Pro tem requested the matter be scheduled for informal discussion when all Councilmembers could attend. Affirmative roll call vote on motion to adopt Consent Calendar carried unanimously, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the motion carried. The r Pro tem d the enda this evening ofor settingon8/2ewould bebset or 8/1 insublic hearins tead. Th snwouldothe aallow the Mayor Pro tem to attend a public hearing on the Iowa -Illinois rate increase in Davenport on 8/2. The remaining Councilmembers will meet as scheduled on 8/2 for the purpose of the two public hearings already scheduled. Moved by McDonald, seconded by Balmer, to set a public hearing for 8/1/83 on the proposed vacation of alley right-of-way abutting 522 S. Dubuque Street. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. Moved by Balmer, seconded by McDonald, to set a public hearing for 8/1/83 on the proposed disposition of vacated Gilbert Street right-of-way abutting 624 South Gilbert Street. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. MICROFILMED BY '.JORM MICRO_ LAB Ii CEDAR RAPIDS -DES MOINES ( 1 Council Activities July 19, 1983 Page 3 Moved by McDonald, seconded by Balmer, to set a public hearing for 8/16/83 on the proposed rezoning of certain property located at 521 Kirkwood Avenue from M1 to R2. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. Moved by Lynch, seconded by Balmer, to set a public hearing for 8/16/83 on the proposed rezoning of Lots 22-24 and 64-71 of Westgate Addition located in Keswick Drive and Westgate Circle. The Mayor Pro tem declared the motion carried unanimously, 5/0, Neuhauser and Dickson absent. Moved by McDonald, seconded by Lynch, to set a public hearing for 8/16/83 on a proposed amendment to Section 8.10.28D re the powers of the Board of Adjustment. Councilmember Balmer requested informal discussion be scheduled with the City Attorney. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. 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. Davis Foster, atty. for West Side Co., appeared and noted his letter distributed at the informal session. He reiterated concerns raised at the 7/5/83 public hearing re the airport height map and the possible impact of height restriction on West Side property. Airport Mgr. Fred Zehr answered questions and stated that the airport height map was not needed to determine the impact the zone had on property. After discussion, moved by Lynch, seconded by Erdahl, to continue the public hearing to 8/1/83 at 7:30 P.M. The Mayor Pro tem declared the motion carried unanimously, 5/0, Neuhauser and Dickson absent. Moved by Erdahl, seconded by McDonald, to accept and place on file the fm resetinWest Side Deeloment Co. TheMayorP rortem declared athe motion carriiednunanimously, 5/0, Dickson and Neuhauser absent. Moved by Lynch, seconded by Balmer, to defer until 8/1/83 consideration of an 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. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. Moved by McDonald, seconded by Balmer, that the ORDINANCE VACATING CERTAIN ALLEY RIGHT-OF-WAY RUNNING SOUTH FROM HIGHWAY 6 BETWEEN VALLEY AVENUE AND LINCOLN AVENUE, be given first vote for passage. Affirmative roll call vote unanimous, 5/0, Neuhauser and Dickson absent. The Mayor declared the motion carried. Moved by Balmer, seconded by Lynch, that the ORDINANCE APPROVING THE FINAL PLANNED AREA DEVELOPMENT PLAN FOR A 30.65 ACRE TRACT LOCATED SOUTH OF TY'N CAE PARTS 1 AND 2, AND KNOWN AS TY'N CAE, PART 3, be given first vote for passage. Affirmative roll call vote unanimous, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the motion carried. Moved by Balmer, seconded by Erdahl, to defer consideration of a resolution approving the final Large Scale Residential Development plan and the amended C, MICROFILMED BY +' '.JORM MICROLAB CEDAR RAPIDS -DES MOINES E N Council Activities July 19, 1983 Page 4 a preliminary and final of Ty'n Cae Subdivision, Part 3, located south of Ty'n Cae, Parts 1 and 2. The Mayor Pro tem declared the motion carried unanimously, 5/0, Neuhauser and Dickson absent. Moved by Balmer, seconded by McDonald, that the ORDINANCE REZONING CERTAIN PROPERTY AT 223 SOUTH RIVERSIDE COURT FROM R18 TO R3A, be given second vote for passage. Affirmative roll call vote unanimous, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the motion carried. Moved by McDonald, seconded by Balmer, that the ORDINANCE REZONING CERTAIN PROPERTY LOCATED AT 624 SOUTH GILBERT STREET FROM C2 TO R3A, be given second vote for passage. The Mayor Pro tem restated Council consensus to go ahead with the developer's request and indicate.general approval of the rezoning prior to the expiration of the purchase offer on the property, but the action did not mean the Council would approve the development unless they were satisfied with safety issues raised. Affirmative roll call vote unanimous, 5/0, Neuhauser and Dickson absent. The Mayor Pro tem declared the motion carried. Moved by Balmer, seconded by Lynch, that ORD. 83-3128, Bk. 21, pp. 88-90, REZONING CERTAIN PROPERTY LOCATED NORTH OF ROCHESTER AVENUE AND EAST OF THE PROPOSED FIRST AVENUE EXTENDED FROM RIA TO RIB, be passed and adopted. Affirmative roll call vote unanimous, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the ordinance adopted. Moved by Balmer, seconded by McDonald, that ORD. 83-3129, Bk. 21, pp. 91- 93, REZONING THAT PORTION OF CERTAIN PROPERTY KNOWN AS FIRST AND ROCHESTER ADDITION LYING ADJACENT TO THE PROPOSED FIRST AVENUE EXTENDED FROM RIA TO R3, be passed and adopted. Affirmative roll call vote unanimouus, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the ordinance adopted. A public hearing was held on plans, specifications, form of contract and cost estimate for the construction of the Linn Street Improvements. Project. The Mayor Pro tem stated the project had been delayed to allow work on the new Library to be completed and that this project would be completed prior to the starting of the new hotel. Moved by McDonald, seconded by Erdahl, to adopt RES. 83-230, Bk. 78, p. 608, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE CONSTRUCTION OF THE LINN STREET IMPROVEMENTS PROJECT AND AUTHORIZING BIDS TO BE RECEIVED AUGUST 9, 1983, AT 10:00 A.M. Affirmative roll call vote unanimous, 5/0, Neuhauser and Dickson absent. The'Mayor Pro tem declared the resolution adopted. Moved by Lynch, seconded by Erdahl, that the public hearing on the Resolution of Necessity for Block 6, Lyon's 2nd Addition Special Alley Paving Assessment Project -1983, be continued to 8/1/83. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. Moved by McDonald, seconded by Erdahl, to adopt RES. 83-231, Bk. 78, pp. 609-612, RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE BLOCK 6, LYON'S 2ND ADDITION SPECIAL ALLEY PAVING ASSESSMENT PROJECT -1983. Affirmative roll call vote unanimous, 5/0, Neuhauser and Dickson absent. The Mayor Pro tem declared the resolution adopted. r r' Li MICROFILMED BY t?' 'JORM MICROLAB CEDAR RAPIDS•DES I401NES Council Activities July 19, 1983 Page 5 Moved by McDonald, seconded by Erdahl, to defer until 8/1/83 consideration of a resolution directing the preparation of detailed plans and specifications, form of contract and notice to bidders on the Block 6, Lyon's Addition Special Alley Paving Assessment Project -1983; and a resolution 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 Assessment Project -1983. The Mayor Pro tem declared the motion carried unanimously, 5/0, Neuhauser and Dickson absent. Eric Rose, 2260 Davis Street, appeared re air conditioning on City buses and requested buses have signs posted as to whether they were air conditioned and to also try to have the buses with operating air conditioning rotated with the non -air conditioned ones to allow every other bus on the same route air conditioning. The City Manager stated that rotating would depend on the size of bus needed for each route and not just the availability of air conditioned buses, but that staff would strive for that objective. Councilmembers agreed to have staff post signs to inform riders of the air conditioning. Rose also pointed out the poor condition of South Clinton Street below the railroad tracks. Staff will investigate. Rose requested a stop sign be placed at the intersection of Sandusky and Taylor Drive. Staff will report back. John Bennett, 909 Webster, appeared and raised concerns re the impact of the new apartment populations would have on small neighborhood parks. He requested staff review the situation and see if there was a potential problem and outline possible alternatives. Individual Councilmembers expressed their views. Council agreed to have staff review park acquisition for central city and schedule a meeting of the Parks and Recreation Commission, along with Planning staff, and Council to discuss park questions. James Barfuss, 130 Grove, appeared re abstention votes and the scheduling of public discussion on the agenda. The Mayor Pro tem announced three vacancies for three-year terms ending 10/1/86 on the Committee on Community Needs. These appointments will be made at the 8/30/83, City Council meeting. Moved by Balmer, seconded by Lynch, to appoint Rodney Perry, 3231 L. West Branch Rd., to fill an unexpired term ending 5/1/85 on the Planning and Zoning Commission. The Mayor Pro tem declared the motion carried unanimously, 5/0, Dickson and Neuhauser absent. Moved by Erdahl, seconded by Lynch, to appoint Harry Lewis, 1408 Tracy Lane, to the Airport Commission to fill an unexpired term ending 3/1/84. The Mayor Pro tem declared the motion carried unanimously, 5/0, Neuhauser and Dickson absent. Councilmember Erdahl commented on remarks by James Barfuss republic discussion being scheduled later on theCouncil agenda. Council discussed the Possibility of scheduling two public discussions on the agenda, one early on the agenda and the other later. McDonald questioned when Council would be receiving a report of suggestions/alternatives for parking in the downtown area. The City Manager stated Asst. City Manager Helling and the transportation staff were p j MICROFILMED BY d'' '.JORM MICROLAB CEDAR RAPIDS -DES MOINES Council Activities July 19, 1983 Page 6 working with the Downtown Association and something would be to Council in September or October. Recommendation of the Parks and Recreation Commission that any money that the City derives from the sale of Central Junior High should be earmarked for a Specific community recreation facility, noted. The recommendations from the Committee on Community Needs were noted as follows re changes in the Housing Rehabilitation regulations: 1) The $3.00 service charge on weatherization should be eliminated; 2) The income guidelines should be amended to conform with the new HUD Section 8 Assisted Housing guidelines. These items will be presented for Council consideration at the meeting of 8/1/83 and Commissions will be notified of scheduling. Moved by Balmer, seconded by McDonald, to adopt RES. 83-232, Bk. 78, pp, 613-618, FIXING A DATE FOR HEARING ON PROPOSED COMMERCIAL DEVELOPMENT REVENUE BONDS, SERIES 1983 (IOWA STATE BANK & TRUST COMPANY PROJECT). Affirmative roll call vote unanimous, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the resolution adopted. 619-624,�eAUTHORIZINGITHESeconded ISSUANCEbANDySALE OF INDto USTRIAL DEVELOt RES. PMENT REVENUE BOND (THE BLOOMING PRAIRIE WAREHOUSE, INC. PROJECT) OF THE CITY OF IOWA CITY, IOWA, IN THE PRINCIPAL AMOUNT OF $363,000 TO FINANCE THE COSTS OF ACQUISITION BY CONSTRUCTION OR PURCHASE OF LAND, BUILDINGS, EQUIPMENT AND IMPROVEMENTS SUITABLE FOR USE AS A WAREHOUSE FACILITY FOR THE BLOOMING PRAIRIE WAREHOUSE, INC.; THE EXECUTION OF A LENDER LOAN AGREEMENT WITH IOWA STATE BANK & TRUST COMPANY, IOWA CITY, IOWA, PROVIDING THE TERMS AND SALE OF SUCH BOND; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE BLOOMING PRAIRIE WAREHOUSE, INC. PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SUCH BOND, AND RELATED MATTERS. The Mayor Pro tem declared the resolution adopted, 4/0/1, with the following division of roll call vote: Ayes: Balmer, Lynch, McDonald, Perret. Nays: none. Abstaining: Erdahl. Absent: Dickson and Neuhauser. Moved seconded ELIMINATINGbA REQUIREMENT FORbADDITIONAL,to OFF- TREETES. PARKING3FOR LOTS 78-872OF PENNY BRYN ADDITION, PART 3. Affirmative roll call vote unanimous, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Lynch, seconded by McDonald, that the ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE TO REGULATE THE CARRY -OUT OF OPEN BEER OR ALCOHOLIC BEVERAGE CONTAINERS FROM LICENSED PREMISES, be given first vote for passage. The City Manager explained that present law makes it illegal to drink in public places. However, it does not address leaving establishments with open containers and the problem of Affirmative roll calllittering.s voteunanimo reiteraste 5/0, Neuhauser and Dd this did not ict e cksonabsent. The Mayor Pro tem declared the motion carried. Moved by McDonald, seconded by Lynch, that the ORDINANCE AMENDING SECTION 23-74 AND REPEALING ARTICLE IV, DIVISION 2 OF CHAPTER 23 OF THE CITY CODE, be considered and given first vote for passage. Affirmative roll call vote unanimous, 5/0, Dickson and Neuhauser absent. The Mayor Pro tem declared the motion carried. it r' Li MICROFILMED BY ! 'JORM MICROLAB i CEDAR RAPIDS -DES MOINES J 1 n Council Activities July 19, 1983 Page 7 Moved by Erdahl, seconded by Lynch, that the ORDINANCE PROVIDING FOR COMPENSATION FOR THE MAYOR AND COUNCILMEMBERS OF THE COUNCIL OF IOWA CITY, IOWA, AND REPEALING ORDINANCE NO. 75-2765, be considered and given second vote for passage. Balmer stated he was in favor of the salary increase for the Mayor but did not agree with the increase for Councilmembers. He would vote in favor of the ordinance tonight since the majority of Council have agreed to it and would not block the ordinance with two negative votes. The Mayor Pro tem declared the motion carried, 4/1, with the following division of votes: Ayes: Erdahl, Lynch, Perret, Balmer. Nays: McDonald. Absent: Neuhauser and Dickson. Moved by Balmer, seconded by Lynch, to adjourn 9:35 P.M. The Mayor Pro tem declared the motion carried unanimously, 5/0, Neuhauser and Dickson absent. DAVID PERRET, MAYOR PRO TEM F:r a ir; r.�:�:r:i; ae r ria � a:r•.� MICROFILMED BY !JORM MICROLAB . CEDAR RAPI IDS•DES_MDINES r 1 --1 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 2, 1983 Iowa City Council, reg. mtg., 8/2/83, at 7:30 P.M. at the Civic Center. Mayor Pro tem Perret presiding. Councilmembers present: Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Absent: Neuhauser. Staffinembers present: Helling, Jansen, Karr, Boothroy, Hencin. Council minutes tape recorded on Tape 83-18, Side 1, 1184 -End, Side 2, 1 -End; and Tape 83-25, Side 1, 1-1877. Moved by Dickson, seconded by McDonald, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: published,Approval of Official Council �Actions, subj ctto corre tion,asrecommended by thle CityClerk as Minutes of Boards and Commissions: Riverfront Comm. -7/6/83; Design Review Comm. -7/27/83; Airport Comm. -7/21/83; Historic Preservation Comm. -6/22/83 & 7/13/83. Permit Motions and Resolutions as recommended by the City Clerk: Approving Class C Liquor License & Sunday Sales for Paul E. Poulsen dba Senor Pablo's Ltd., 830 First Avenue. Approving Class C Liquor License and Sunday Sales for Cedar River Pasta Company, Inc. dba Carlos O'Kelley's, 1411 Waterfront Drive. Approving Class C Beer Permit and Sunday Sales for Osco Drug, Inc. dba Osco Drug Store, 201 S. Clinton. Approving Class C Beer Permit and Sunday Sales for John R. Alberhasky dba John's Grocery Inc., 401 E. Market. Approving Class C Beer Permit and Sunday Sales for Harold Dickey dba Dickey's Sav-A-Lot, 1213 S. Gilbert Court. Approving Class C Beer Permit and Sunday Sales for Robert D. Finley dba Bob's University Shell, 323 E. Burlington. RES. 83-238, Bk. 78, p. 631, REFUNDING A PORTION OF A CIGARETTE PERMIT TO HAWKEYE AMUSEMENT. Correspondence: Ltrs. from the Downtown Association re the Capitol Street parking ramp, parking meters in the central business district and sidewalk cafes. The City Manager will reply after Council consideration. John B. Harper re a City -owned strip of land i adjoining 427 Ferson Avenue, memo from Andrea Hauer attached. The City Manager will reply after Council consideration. Memo from the Traffic Engr. re stop sign on Sandusky Avenue at Taylor Drive. Applications for Use of Streets and Public Grounds: Willard Kendall for the use of the east end of Tracy Lane for a block party on Clini83ona7/16,�ed. Jane Lewis 23 and 30, 1983, approvedicket ifor 7/16/83.Emma Chambermof Commerce for the use of sidewalks for "Sidewalk Days" on 7/22 and 23/83, approved. Kathy Mitchell for use of Blackhawk Minipark to solicit support for the Martin Luther King March on 7/30/83, approved. ljr MICROFILMED DY I.JORM MICROLAB ,�. � CEDAR RAPIDS -DES Id01NE5 J COUNCIL ACTIVITIES AUGUST 2, 1983 PAGE 2 0 Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the motion to adopt the Consent Calendar carried. Moved by Balmer, seconded by Dickson, to set a public hearing for 8/30/83 on the proposed vacation of a portion of the Des Moines Street right-of-way located immediately west of Gilbert Street. The Mayor Pro tem declared the motion carried unanimously, 6/0, Neuhauser absent. A public hearing was held on the proposed rezoning of Lots 28 and 47- 56 of Westgate Addition, located on the east side of Wheaton Road, from R3 to RIB. Ken Angersola, 735 Wheaton Road, appeared and requested Council act favorably on the rezoning request. Moved by Dickson, seconded by McDonald, to defer for two weeks consideration of a resolution approving the preliminary subdivision plat of Oakes' Third Addition. Mayor Pro tem Perret announced that informal discussion re the preferred location of Foster Road would be scheduled for August 15th and pending outcome of that discussion this resolution could be considered on August 16th. The Mayor Pro tem declared the motion to defer carried unanimously, 6/0, Neuhauser absent. Moved by Balmer, seconded by Dickson, that the ORDINANCE VACATING CERTAIN ALLEY RIGHT-OF-WAY RUNNING SOUTH FROM HIGHWAY 6 BETWEEN VALLEY AVENUE AND LINCOLN AVENUE, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor declared the motion carried. Moved by Lynch, seconded by McDonald, that the rule requiring ordinances to 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, the second consideration and vote be waived and that ORD. 83- 3130, Bk. 21, pp. 94-96, APPROVING THE FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN AND THE AMENDED PRELIMINARY AND FINAL PLAT OF TY'N CAE SUBDIVISION, PART 3, LOCATED SOUTH OF TY'N CAE PARTS 1 AND 2, be voted upon for final passage at this time. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the motion carried. Moved by Lynch, seconded by McDonald, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the ordinance adopted. Moved by Balmer, seconded by Lynch, to adopt RES. 83-239, Bk. 78, pp. 632-633, APPROVING THE FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN AND THE AMENDED PRELIMINARY AND FINAL PLAT OF TY'N CAE SUBDIVISION, PART 3, LOCATED SOUTH OF TY'N CAE, PARTS 1 AND 2. Affirmative Coll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the motion carried. Moved by Lynch, 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 ;j MICROFILMED BY i ',JORM MICROLAB CEDAR RAPIDS -DES M0114ES COUNCIL ACTIVITIES AUGUST 2, 1983 PAGE 3 given second vote for passage. The following people appeared for discus- sion: Airport Commissioner Russ Schmeiser; E.K. Jones; Atty. Wm. Meardon, representing Plumbers Supply; Wayne Balmer, 359 Lexington; Gary Slager, 901 Talwrn; Jim Balmer, 235 Ferson Avenue. After discussion, Council consensus was to amend the ordinance with regards to runway 30. The Mayor Pro tem declared the motion to give second consideration to the original ordinance proposed defeated, 0/5/1, with the following division of roll call vote: Ayes: None. Nays: Dickson, Erdahl, Lynch, McDonald, Perret. Absent: Neuhauser. Abstaining: Balmer. Council agreed to continue with other agenda items and give staff time to formulate additional language for consideration later in the meeting. Moved by Lynch, seconded by Dickson, that ORD. 83-3131, Bk. 21, pp. 97-98, REZONING CERTAIN PROPERTY LOCATED AT 223 SOUTH RIVERSIDE COURT FROM RIB TO R3A, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the ordinance adopted. Moved by Lynch, seconded by Balmer, that the ordinance rezoning property located at 624 South Gilbert from C2 to R3A, be passed and adopted. Atty. Joe Holland, representing Jim and Loretta Clark, appeared and notified Council that his client was no longer involved with the project. He requested Council defer action to afford the actual owner an opportunity to pursue the rezoning request. After discussion, moved by McDonald, seconded by Balmer, to defer third reading of the ordinance for no more than 30 days. The Mayor Pro tem declared the motion to defer carried unanimously, 6/0, Neuhauser absent. A public hearing was held to consider approving proceedings with the issuance and sale of not to exceed $550,000 aggregate principal amount of commercial development revenue bonds (Pipeyard Partners Project) of the City of Iowa City, Iowa. Atty. Joe Holland, representing Jim and Loretta Clark, appeared and requested Council give favorable consideration to the bonds. Moved by Lynch, seconded by Balmer, to adopt RES. 83-240, Bk. 78, pp. 634-640, APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $550,000 AGGREGATE PRINCIPAL AMOUNT OF COMMERCIAL DEVELOPMENT REVENUE BONDS (PIPEYARO PARTNERS PROJECT) OF THE CITY OF IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Balmer, seconded by McDonald, to adopt RES. 83-241, Bk. 78, pp. 641-653, REGARDING THE ISSUANCE OF NOT TO EXCEED $900,000 IN AGGREGATE PRINCIPAL AMOUNT OF COMMERCIAL DEVELOPMENT REVENUE BONDS (LYMAN ADDITION ASSOCIATES PROJECT) OF THE CITY OF IOWA CITY, IOWA, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALL A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. MICROFILMED BY I t+fi' '.JORM MICROLAB 1 CEDAR RAPIDS•DES MOINES J1 COUNCIL ACTIVITIES AUGUST 2, 1983 PAGE 4 Moved by McDonald, seconded by Balmer, to adopt RES. 83-242, Bk. 78, PP. 654-660, AMENDING AND SUPPLEMENTING A PREVIOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ADOPTED JULY 5, 1983, ENTITLED: "RESOLUTION AUTHORIZING AND PROVIDING FOR: THE ISSUANCE OF NOT TO EXCEED $26,000,000 AGGREGATE PRINCIPAL AMOUNT OF HOSPITAL FACILITY REFUNDING REVENUE BONDS, SERIES 1983 (MERCY HOSPITAL PROJECT), OF THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO MERCY HOSPITAL, IOWA CITY, IOWA, FOR THE PURPOSE OF DEFRAYING THE COST OF RETIRING CERTAIN INDEBTEDNESS OF SAID HOSPITAL AND THEREBY ADVANCE REFUNDING THE OUTSTANDING ISSUE OF $19,975,000 HOSPITAL FACILITY REVENUE BONDS, SERIES 1982 (MERCY HOSPITAL PROJECT) OF THE CITY OF IOWA CITY, IOWA; THE EXECUTION AND DELIVERY OF A TRUST INDENTURE TO SECURE SAID SERIES 1983 BONDS: THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND SECURITY AGREEMENT BETWEEN SAID CITY AND SAID HOSPITAL PROVIDING FOR THE REPAYMENT OF THE LOAN AND OF THE PROCEEDS OF SAID SERIES 1983 BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT RELATING TO THE REFUNDING OF SAID SERIES 1982 BONDS; THE SALE OF SAID SERIES 1983 BONDS; AND RELATED MATTERS." Erdahl stated though he he would vote favorably on this because it would decrease interest even unanimous, 6Opposed Neuhausea r absinal ent, The Mayor Pro Affirmativeroll ll call vote resolution adopted. Moved by Balmer, se onded 661-667, AUTHORIZING THEcEXECUTION OF A,MEMORANDUMES. OF AGREEMENT WITH'VIVA INVESTMENTS. Tom Cilek, attorney vote ufor Viva Investments, appeared. Pro Affirmative roll call unanimous, 6/0, Neuhauser absent. The Mayor tem declared the resolution adopted. Erdahl,Moved by pp. 668-673, ARESOLUseconded TIONFIX NG A DATE FOR HEARING pONRAUGUST 30, '1983,78 PROPOSED COMMERCIAL DEVELOPMENT REVENUE BONDS (VIVA INVESTMENTS PROJECT). Perret questioned interchangable language of "commercial" and "industrial." Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. ed by Balmer, seconded 674-686,, A RESOLUTION REGARDING THE ISSUANCEto dOF NOT TOt RES. BEXCEED $650 ?000 IN AGGREGATE PRINCIPAL AMOUNT OF COMMERCIAL DEVELOPMENT REVENUE BONDS (OUTLOT 25 ASSOCIATES PROJECT) OF THE CITY OF IOWA CITY, IOWA, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALL A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Erdahl, seconded by McDonald, to receive the correspondence from Paul and Roberta Johnson re Lyon's 2nd Addition Special Paving Assessment. The Mayor Pro tem declared the motion carried unanimously, 6/0, Neuhauser absent. MICROFILMED BY ',JORM MICROLAB CEDAR RAPIDS -DES MOINES COUNCIL ACTIVITIES AUGUST 2, 1983 PAGE 5 The Mayor Pro tem announced one vacancy on the Bd. of Electrical Examiners and Appeals to be filled by a representative of the public and one vacancy for a three-year term ending 10/1/86 on the Mayor's Youth Employment Bd. These appointments will be made at the 9/13/83 meeting of the City Council. Councilmember Dickson noted informal discussion re safety problems and environmental hazards on development sites. Moved by Dickson, seconded by Erdahl, to direct the City Attorney and appropriate staff to prepare, with priority, an amendment to the appropriate code with authority to be given to the City to withhold issuance of building permits and occupancy permits for those sites which could present an environmental hazard or safety problem if building or occupancy were permitted. The Mayor Pro tem declared the motion carried unanimously, 6/0, Neuhauser absent. The Mayor Pro tem announced that item 3g., re Airport Overlay Zones, would be reconsidered at this time. Airport Commissioner Schmeiser reported that a glide slope of 22 to 1 would allow 14 foot trucks to drive on the highway and add approximately 2 feet to the Plumbers Supply building site. Erdahl stated he felt a standard slope should be maintained and suggested 20 to 1. Moved by Erdahl, seconded by Lynch, to accept the airport overlay ordinance with the amendment that Section 2 of the amendments under 8.10.50.3, sub. (c), sub. (1), sub. (cl), on page 4 of the ordinance be amended to read "5000 feet at a slope of 20 to 1 for runways 20, 17, and 30." Also, sentence 2 should be amended to delete the comma after "24" and delete "30" so that it would read "10,000 feet at a slope of 34 to 1 for runways 24 and 35." Also the map supporting this ordinance should be changed accordingly. After discussion, Council - members Erdahl and Lunch withdrew their motion and second so that language of the amendment could be clarified. Moved by Erdahl, seconded by Dickson, to amend the ordinance before us to amend amendments in Section 2 under 8.10.50.3, sub. (c), sub. (1), sub. (c), deleting from sentence 2, under c, "30" and the comma preceding it and by adding a fourth sentence under c to read "10,000 feet at a slope of 20 to 1 for runway 30." The Mayor Pro tem declared the motion to amend carried, 5/0/1, with Balmer abstaining and Neuhauser absent. Moved by Erdahl, seconded by Lynch, that the ORDINANCE AMENDING CHAPTER 8.10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, DELETING SECTION 8.10.50, AIRPORT OVERLAY ZONES, AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 8.10.50, AS AMENDED, be given first vote for passage. The Mayor Pro tem declared the motion carried, 5/0/1, Balmer abstaining and Neuhauser absent. Council agreed to meet at 8:00 A.M. on Thursday (8/4) and Friday (8/5) for second and third considerations of the amended ordinance. Since the ordinance was amended no quorum would be present for the special meeting scheduled for 8:00 A.M. on Wednesday (8/3), as proper notice of the amended ordinance could not be posted. Recommendations of the Design Review Committee noted as follows: (1) 308 S. Gilbert Street: Haupert moved and Wegman seconded that the Design Review Committee recommend approval of the design plans for 308 South Y, 1 L MICROFILMED BY +' JORM MICRO_ LAB CEDAR RAPIDS•DES MOINES a COUNCIL ACTIVITIES AUGUST 2, 1983 PAGE 6 Gilbert Street as presented, subject to the landscaping plans, when formulated, to be presented to the Design Review Committee for informal review, Motion passed Street: Haupert Summerwill mov d and Wegman sec ndedthatbthetdesign pl ans forGilbert South Gilbert Street be approved as presented, subject to the landscaping Plans, when formulated, to be presented to the Design Review Committee for informal review. Motion passed unanimously, Summerwill absent. (3) 320 E. Washington Street: Lafore moved and Eckholt seconded that the design plans for 320 E. Washington Street be approved as presented. The Committee noted it was an improvement over the existing building and that the materials chosen for the renovation were very appropriate to both the building and its surroundings. Further, the Committee stated the simple design works well with the existing building. Motion passed unanimously, Summerwill absent. Moved by Dickson, seconded by Erdahl, resolutions: RES. 83 to adopt the following -246, Bk. 78, pp. 687-689, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR HOME REPAIRS FOR THE ELDERLY, ALSO KNOWN AS CHORE SERVICES, WITH THE ELDERLY SERVICES AGENCY - RES. 83-247, Bk. 78, pp. 690-694, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM AND INDEPENDENT LIVING, INC., FOR THE USE OF 1983 COMMUNITY DEVELOPMENT BLOCK GRANT JOBS BILL FUNDS FOR THE MYEP/IL EMPLOYMENT PROGRAM; RES. 83-248, Bk. 78, pp. 695-700, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHEAST IOWA FOR THE USE OF 1983 COMMUNITY DEVELOPMENT BLOCK GRANT JOBS FACILITIES BILL FUNDS FOR THE EXPANSION AND MODERNIZATION OF FOOD SERVICE TRAINING R DISABLED ADULTS- R 4 Bk. RESOLUTION OFNECESSITY TO THORIZE THE CITYOF IOWA 78, CITY, IOWA, TO CREATE A MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT AREA. Staffinember Hencin present for discussion. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolutions adopted. Moved by Erdahl, seconded by McDonald, to adopt RES. 83-250, Bk. 78, pp. 703-707, RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT FOR JOINT USE OF FACILITIES BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT. Affirmative roll call vote unanimous 6/0, Neuhauser absent. The Mao P y r ro tem declared the resolution adopted. Moved by Erdahl, seconded by Balmer, to pp. 708-712, RESOLUTION AUTHORIZING RENEWAL COUNTY AGRICULTURAL ASSOCIATION, for storage months. Affirmative roll call vote unanimous, Mayor Pro tem declared the resolution adopted. adopt RES. 83-251, Bk. 78, OF LEASE WITH THE JOHNSON of equipment during winter 6/0, Neuhauser absent. The Moved by Lynch, seconded by Dickson, to adopt RES. 83-252, Bk. 78, pp. 713-718, RESOLUTION AWARDING CONTRACT FOR THE SERVICE OF TOWING AND STORAGE OF IMPOUNDED VEHICLES TO HOLIDAY WRECKER SERVICE. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. vj MICROFILMED BY '.JORM MICROLAB + CEDAR RAPIDS -DES MOINES r 1 COUNCIL ACTIVITIES AUGUST 2, 1983 PAGE 7 Moved by Erdahl, seconded by McDonald, to adopt RES. 83-253, Bk. 78, pp. 719-720, AUTHORIZING THE CITY OF IOWA CITY TO AMEND THE MAXIMUM INCOME GUIDELINES UNDER THE HOUSE REHABILITATION FORGIVABLE AND LOW INTEREST LOAN PROGRAM. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Erdahl, seconded by Lynch, to adopt RES. 83-254, Bk. 78, pp. 721-722, AUTHORIZING THE CITY OF IOWA CITY TO ELIMINATE THE $3.00 PER MONTH SERVICE CHARGE FROM THE HOUSING REHABILITATION WEATHERIZATION LOAN PROGRAM. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by McDonald, seconded by Lynch, to adopt RES. 83-225, Bk. 78, p. 723, RESOLUTION RECLASSIFYING FULL-TIME POSITIONS IN THE EQUIPMENT DIVISION, ENGINEERING DIVISION AND PLANNING & PROGRAM DEVELOPMENT DEPARTMENT. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Lynch, seconded by Erdahl, that the ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE TO REGULATE THE CARRY -OUT OF OPEN BEER OR ALCOHOLIC BEVERAGE CONTAINERS FROM LICENSED PREMISES, be given second vote for passage. City Atty. Jansen requested this item be voted down and first consideration be given to the amended ordinance which appears next on the agenda. After roll call vote the Mayor Pro tem declared the ordinance defeated, 0/6, Neuhauser absent. Moved by Lynch, seconded by Dickson, that the ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE TO REGULATE THE CARRYOUT OF OPEN BEER OR ALCOHOLIC BEVERAGE CONTAINERS FROM LICENSED PREMISES AND TO PROHIBIT POSSESSION OF SAME, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the motion carried. Moved by Balmer, seconded by McDonald, that the ORDINANCE AMENDING SECTION 23-74 AND REPEALING ARTICLE IV, DIVISION 2 OF CHAPTER 23 OF THE CITY CODE, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the motion carried. Moved by Lynch, seconded by Dickson, that ORD. 83-3132, Bk. 21, pp. 99-100, PROVIDING FOR COMPENSATION FOR THE MAYOR AND COUNCILMEMBERS OF THE COUNCIL OF IOWA CITY, IOWA, AND REPEALING ORDINANCE NO. 75-2765, be passed and adopted. Affirmative roll call vote, 5/1, McDonald voting no, Neuhauser absent. The Mayor Pro tem declared the ordinance adopted. MICROFILMED BY t+b' ',JORM MICROLAB CEDAR RAPIDS -DES MOINES r 4 COUNCIL ACTIVITIES AUGUST 2, 1983 PAGE 8 Moved by lynch, seconded by Balmer, to adjourn 10:50 P.M. The Mayor Pro tem declared the motion carried unanimously, 6/jl0, Neuhauser absent. ��dU1d �tiYr�c� DAVID FERRET, MAYOR PRO TEM MARIAN K. KARR, CITY CLERK i MICROFILMED BY IJORM MICRO_ LAB, ''CEDAR RAPIOS•bES MOINES ' r I -e0 INFORMAL COUNCIL DISCUSSION AUGUST 1, 1983 Informal Council Discussion August 1, at 8:40 PM in the Conference Room at the Civic Center. Mayor Pro tem Perret presiding. Councilmembers Present: Balmer, Dickson, Erdahl, Lynch, Perret, McDonald. Absent: Neuhauser. Staff Members Present: Helling, Karr, Jansen, Franklin, Boothroy, Farmer. Tape_ Recorded: Reel 8324, Side 1, #1-1867. Bicycle Regulations Perret referred to Brachtel's memo on the location of "BICYCLISTS USE SIDEWALKS" signs. Balmer objected to bicyclists use of 1st Avenue because of safety. The Council agreed that bicyclists should be given the option of using sidewalks. The remaining staff recommendations on bicycle regulations will be implemented and "BICYCLISTS USE SIDEWALKS" signs will be changed to "BICYCLISTS MAY USE SIDEWALKS". Planning and Zoning Applications Vacation of Des Moines Street ri ht -of -way, west of Gilbert. No disucssion. Rezoning Westgate Addition, Lots 28 and 47-56, located on the east side of Wheaton Road, from R3 to RIB. In answer to a question from McDonald, Franklin said that, because the original areawas enlarged, there are two separate actions sought with separate public hearings. Oakes 3rd Addition, approving the preliminary subdivision plat. Franklin at the explained thCouncil had seen a plat for this area in 1981. This proposal is greatly reduced from the previous proposal with less reliance on the City's sewer system until the Rundell Street system is installed. Four lots will be on the City sewer while six will be on the septic tanks. Franklin explained that the subdivision would be affected by future development of Foster Road. The issue will be deferred until August 16 to allow Council to review prior discussion and decisions re Foster Road. Vacation of right-of-wav Highway 6, between Valley Avenue and Lincoln Avenue. No d,scun,on. Ty'n Cae, Part 3 approving the final planned area development plan for a 30.65 acre tr— ac— t, No discussion. T 'n Cae Subdivision Part 3, approving the final large scale residential eve opment p an an the amended preliminary and final plat. No discussion. Air ort overlay zones ordinance amendmanr, Chapter 8.10, the zoning ordinance of the m nicipalr an code of dthenCityaofnIowa City, Iowa, by deleting Section 8.10.50, airport overlay zones, and substituting in lieu thereof a new section 8.10.50. No discussion. 4 MICROFILMED BY I ,\h '.JORM MICROLAB CEDAR RAPIDS -DES. -MOINES. 1r JI Rezoning 223 S Riverside, R1B to R3A. No discussion. Rezoning 624 S. Gilbert Street, C2 to R3A. Jansen explained that liability insurance has not been obtained which Lynch said may cause problems with approval. Franklin said in terms of the merits of rezoning, staff recommends approval. Staff is concerned that DEQ questions have not been answered. Present C-2 zoning allows residential development while rezoning can initiate safeguards against the environmental hazards. Dickson said DEQ questions have not been addressed. Don Gray and Duane Lacina of Don Gray Realtors spoke on the issue. Jansen said some type of insurance, bond, or self-insurance would cover liability on the property. Lacina reviewed Mr. Moore's attempt to clean up the Oil spill and the history of a similar spill at Valley High School in Des Moines. Perret said that unless Council received more information on some type of agreement indemnifying the city and providing for some long term maintenance for the site, Council does not wish to consider the matter tomorrow night. Council Time and Agenda I. Perret referred to the memo from Cheryl Mintle regarding the American Red Cross funding request. Council agreed to allocate the $3,000 and noted that it is a one-time only allocation. 2. Perret referred to the memo from Andrea Hauer about the correspondence from Mr. Harper, 427 1st Avenue. Mr. Harper wants to purchase a vacatted right- of-way. Council stated that Mr. Harper should follow normal procedures to acquire the right -of way. 3. Council agreed not to hold an informal Council meeting next week. 4. Perret stated that Dale Helling will attend the Iowa State Commerce Commission meeting on August 4. 5. Erdahl inquired about the airport overlay amendment schedule. The second and third considerations will be held Tuesday night and Wednesday morning respectively. 6. Balmer requested a staff response to the Downtown Association's parking concerns. The discussion will be scheduled for the next informal Council discussion. Dale Helling will make recommendations about the parking ramp by August 15. 7. Agenda items 25 and 26. Balmer inquired about the carry -out ordinance. Jansen explained that the ordinance is being amended to prevent persons from walking out of stores with open containers. B• With the Council's direction, Lynch said that the Wastewater Committee will continue to look into private ownership of wastewater treatment. Meeting adjourned at 9:50 PM. MICROFILMED BY ;�fi' JORM MICROLAB j CEDAR RA PIDS•DE S. -MOINES ) J ,_