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HomeMy WebLinkAbout1983-05-10 Council minutesCOMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 10, 1983 Iowa City Council reg. mtg., 5/10/83, at 7:30 P.M. at the Civic Center. Mayor Neuhauser presiding. Councilmembers present: Balmer, Dickson (7:38), Erdahl, Lynch, McDonald, Neuhauser, Perret. Absent: none. Staffinembers present: Berlin, Helling, Jansen, Farmer, Knight, Davidson, Kucharzak, Zehr, Miller, Brown, Parrott, Karr. Council minutes tape recorded on Tape 83-6, Side 1, 1562 -End; Tape 83-9, Side 1 and Side 2; and Tape 83-15, 1-906. Moved by Neuhauser, seconded by Erdahl, to adopt RES. 83-111, Bk. 77, p. 316, RESOLUTION OF TRIBUTE FOR ALLAN VESTAL. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the resolution adopted. The Mayor proclaimed May, 1983, as American Bike Month; May 8-14, 1983, as Senior Center Week; and May 8-14, 1983, as Preservation Week. i Councilmember Dickson arrived. The Mayor announced one addition to the Consent Calendar, setting a public hearing for review of Urban Development Action Grant Application for the hotel on Urban Renewal Parcel 64-1b. Moved by Perret, seconded by Dickson, that the following items and recommendations in the Consent j Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions, spec. mtg., 4/19/83, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. -4/14/83 & 4/20/83 (spec.); Human Rights Comm. -2/28/83 & 3/28/83; City Conference Bd.-4/18/83; Committee on Community Needs -4/6/83; Civil Service Comm. -4/11/83, 4/12/83, 4/13/83, 4/16/83, 4/19/83 & 4/26/83; Parks & Recreation Comm. -4/6/83; Housing Comm. -4/6/83. Permit motions and resolutions as recommended by the City Clerk: Approving Class C Beer Permit and Sunday Sales for Ware & McDonald Co. dba Wareco, 828 S. Dubuque Street. Approving Class A Liquor License and Sunday Sales for Leroy Weeks Post #3949 dba Leroy Weeks Post #3949, 609 Hwy. 6 By -Pass. Refunding a portion of a Class C Liquor License to The Vine, 529 S. Gilbert Street. RES. 83-112, Bk. 77, p. 317, ISSUING CIGARETTE PERMITS. Approving Special Class C Beer -Wine Permit and Sunday Sales for Chopsticks, Inc, and Mei Lee Szeto dba Jade Garden, 119 Iowa Avenue. Resolutions, Bk. 77: RES. 83-113, p. 318, ACCEPTING THE WORK FOR THE DIRELY SANITARY SEWER EXTENSION. RES. 83-114, p. 319, ACCEPTING THE WORK FOR THE SANITARY SEWER IMPROVEMENTS FOR LOTS 91 AND 92 OF TY'N CAE SUBDIVISION, PART 2 (known as Willow Creek Apartments). Public hearings: RES. 83-115, Bk. 77, p. 320, SETTING A PUBLIC HEARING ON 5/24/83 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND I i MICROFIL14ED BY � J -DORM MIC RE/CAU 1 CEDAR RAPIDS DES '4014E5 I COUNCIL ACTIVII. MAY 10, 1983 PAGE 2 ESTIMATE OF COST FOR THE CONSTRUCTION OF THE KIMBALL ROAD CURB AND SIDEWALK REPAIR PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS AND SPECIFICATIONS ON FILE FOR PUBLIC INSPECTION. RES. 83-116, Bk. 77, p. 321, SETTING A PUBLIC HEARING ON 5/24/83 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY84 ASPHALT RESURFACING PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS AND SPECIFICATIONS ON FILE FOR PUBLIC INSPECTION. Motion to set a public hearing for 5/24/83 for the review of the Urban Development Grant Application for the downtown hotel on Urban Renewal Parcel 64-1b. Correspondence: Maureen Keough re proposed opening of an alley and filling of a ravine in Manville Heights, referred to the City Manager for reply. Allen J. Wolfe re the rezoning of his property on the corner of North Dodge and St. Clements Street, referred to the City Manager for reply. Tom Muller, President of the Downtown Association, re traffic flow on Washington Street between Capitol and Clinton, referred to the City Manager for reply. Edward D. Jones re proposed rezoning of property at 1425 North Dodge, presented for Council consideration, item 4e. Memo from Civil Service Commission submitting certified lists of applicants for Police Sergeant/Police Department. Memo from the Traffic Engr. re yield sign at Market Street/Rochester Avenue. Applications for City Plaza Use Permits: Every Bloomin' Thing to vend flowers from a cart on College Street side of their store on an occasional basis, approved. Applications for Use of Streets and Public Grounds: Iowa City Jaycees to have a "Walk for Mankind" on 4/30/83, approved. Michael O'Brien to have a graduation parade on 5/6/83, approved. Iowa Socialist Party for use of Blackhawk Minipark on 5/1/83, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Dickson, seconded by Perret, to defer until 5/24/83 a public hearing to rezone property at 624 S. Gilbert Street from C2 to R3A. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Lynch, that the ORDINANCE VACATING A PORTION OF LUCAS STREET RIGHT-OF-WAY LOCATED NORTH OF PAGE STREET AND SOUTH OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD RIGHT-OF-WAY, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Lynch, seconded by Dickson, to set a public hearing on 5/24/83 on the disposition of vacated Lucas Street right-of-way located north of Page Street and south of the Chicago, Rock Island and Pacific 1 i 141cRor IWED DEB 1 I CEDAR RAPIDS DES MDI NES J r' COUNCIL ACTIVI MAY 10, 1983 PAGE 3 Railroad right-of-way. Perret questioned the letter sent to other adjacent property owners re the disposition. City Manager announced a copy of the letter would be sent to Council next week. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Lynch, to adopt RES. 83-117, Bk. 77, pp. 322-323, APPROVING THE FINAL PLAT OF THE REPLAT OF BLOCK 4, PAGE S ADDITION TO IOWA CITY, IOWA, LOCATED IN THE SOUTHEAST QUADRANT OF THE INTEote unanimous, 7/0, PAGE AND Councilmembers present TheMayordeclared REAffirmative o ll call v mous7the resolution adopted. Moved by Balmer, seconded by McDonald, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meetings at which it is to be finally passed be suspended, that the first and second consideration and vote be waived and that an ordinance rezoning certain property located at 1425 N. Dodge Street from RIA to C2, be voted upon for final passage at this time. Councilmembers Perret and Erdahl questioned the C2 zone for the area. Staffinember Knight present for discussion. After discussion, the Mayor declared the motion to waive the readings defeated, 4/3, with the following division of roll call vote: Ayes: Balmer, Lynch, McDonald, Neuhauser. Nays: Dickson, Erdahl, Perret. Moved by Balmer, seconded by McDonald, that the ORDINANCE REZONING CERTAIN PROPERTY LOCATED AT 1425 N. DODGE STREET FROM R1A TO C2, be considered and given first vote for Ipassage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Perret, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived and that ORD. 83-3116, Bk. 21, pp. 52-54, REZONING CERTAIN PROPERTY KNOWN AS THE HAWKEYE MOBILE HOME COURT FROM R1A TO RMH, be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Perret, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Lynch, seconded by Dickson, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and secondconsiderationAMENDING THE vote be waived and ZONING ORDINANCE that ORD. 83-3117, Bk. 21, pp. 55-56 REGARDING THE SUSPENSION OF BUILDING PERMIT DURING CONSECUTIVE REZONINGS WITHIN A TWELVE MONTH PERIOD, be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Lynch, seconded by Dickson, that the ordinance be finally adopted at this time. Affirma- tive roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. i MICRDEILMED BY 1 I 1 'JORM-MICR6LAB CEDAR RAIDS • DES 10MES , I COUNCIL ACTIVII S MAY 10, 1983 PAGE 4 Moved by Balmer, seconded by Lynch, that the ORDINANCE TO REZONE APPROXIMATELY 70 ACRES OF LAND LOCATED NORTH OF HIGHWAY 1 NEAR WILLOW CREEK, be given first vote for passage. Councilmembers discussed the zoning in relationship to Freeway 518. The matter will be scheduled for informal discussion and members from the Planning and Zoning Commission will be invited. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the motion carried. Moved by Lynch, seconded by McDonald, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived and that ORD. 83-3118, Bk. 21, pp. 57-59, AMENDING THE PRELIMINARY AND FINAL PLANNED AREA DEVELOPMENT PLAN OF THE MUTLI-FAMILY PORTION OF MACBRIDE ADDITION, PART 2, be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Lynch, seconded by Dickson, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Perret, to adopt RES. 83-118, Bk. 77, pp. 324-326, TO APPROVE THE PRELIMINARY AND FINAL PLAT OF THE RESUBDIVI- SION OF LOT 62, MACBRIDE ADDITION, PART 2. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Lynch, to adopt RES. 83-119, Bk. 77, p. 329, AMENDING THE PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF UNIVERSITY LAKE APARTMENTS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor noted a letter from the applicant, Dr. Rigler, requesting withdrawal of his application rezoning 521 Kirkwood Avenue from M1 to RNC - 20. Moved by Balmer, seconded by Dickson, to table consideration of the ordinance rezoning 2.4 acre tract located at 521 Kirkwood Avenue from M1 to RNC -20. The Mayor declared the motion carried, 6/1, Erdahl voting "no." Pat Gilpin, 710 Diana Ct., appeared re the City purchasing the property for use as a park. Councilmembers Balmer and Lynch expressed no interest in pursuing the request. Councilmembers Perret, Erdahl, Dickson, and Neuhauser agreed that a letter inquiring as to the price to purchase the parcel could be sent. Moved by Balmer, seconded by Dickson, to adopt RES. 83-120, Bk. 77, pp. 328-329, APPROVING THE PRELIMINARY PLAT OF PRAIRIE VIEW ESTATES, PART 1, LOCATED NORTH OF I-80 AND EAST OF PRAIRIE DU CHIEN ROAD. The following people appeared: M. Gladys Scott, 2160 Prairie du Chien; Thomas Slattery, 2050 Prairie du Chien; Linda Johnson - Lundquist, 431 First Avenue; Margaret Fox, 2150 Prairie du Chien; Joe Elam, 2020 Prairie du Chien; Han - chin Wu, 2110 Prairie du Chien; Mike Furman, 2305 Cae Drive; Planning & Zoning member Jane Jakobsen; and staffinember Bruce Knight. Individual Councilmembers expressed their views on the request. The Mayor declared Ir^� 1 i MICROFILMED BY 1. DORM MIC ROLA8 % CEDAR RAPIDS • DES MOINES f r' J COUNCIL ACTIVII MAY 10, 1983 PAGE 5 the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Balmer, Dickson, Lynch, McDonald, Neuhauser. Nays: Perret, Erdahl. Moved by Balmer, seconded by Dickson, to adopt RES. 83-121, Bk. 77, p. 330, APPROVING AN AMENDMENT TO THE FINAL PLAT OF OAKES MEADOW ADDITION TO IOWA CITY. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Lynch, to adopt RES. 83-122, Bk. 77, p. 331, APPROVING THE BY-LAWS OF THE PLANNING AND ZONING COMMISSION. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor announced that the public hearing to consider the appeal of Robert Rath, re a taxi driving permit, will be held as the last item on the agenda. Moved by Balmer, seconded by Lynch, to adopt RES. 83-123, Bk. 77, p. 332, APPROVING THE PRELIMINARY PLAT OF FIRST AND ROCHESTER ADDITION, PART 1, LOCATED NORTH AND EAST OF THE INTERSECTION OF ROCHESTER AVENUE AND THE PROPOSED FIRST AVENUE EXTENDED. Staffinember Knight explained that permission had not been obtained from Regina High School to use their property for public right-of-way purposes. Bruce Glasgow appeared for discussion. Moved by Balmer, seconded by Lynch, that the resolution be adopted subject to permission from Regina High School to use their property for public right-of-way purposes. The Mayor declared the motion to amend carried unanimously, 7/0, all Councilmembers present. Affirmative roll call vote on adoption of resolution as amended unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance amending Chapter 8, Article V, of the Iowa City Code of Ordinances, the house moving ordinance. Housing and Inspection Services Director Kucharzak presented a brief overview of the proposed changes. Max Yocum appeared stating objections to the deposit section and the advance permit section. Council requested specific objections in writing for staff review. A public hearing was held on the intention to issue industrial revenue bonds for the Iowa Book and Supply Company Project. Peter Vanderhoef, 2403 Tudor Drive, appeared requesting Council continue the public hearing until May 24, 1983. Moved by Erdahl, seconded by McDonald, to continue the public hearing on the intention to issue industrial revenue bonds for the Iowa Book and Supply Company Project until 5/24/83. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Erdahl, seconded by McDonald, to defer consideration of a resolution to proceed with the issuance and sale of industrial development revenue bonds (Iowa Book and Supply Company Project) in an aggregate principal amount not to exceed $500,000. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. 1 i IIICROFIL14ED BY -'JOA M --'MIC RdLAB CEDAR RAPIDS DES-101NES I COUNCIL ACTIVII_ .i MAY 10, 1983 PAGE 6 A public hearing was held on plans, specifications, form of contract, and cost estimate for the construction of the Benton Street Bridge Repair Project. City Engr. Farmer appeared for discussion and corrected the cost estimate to $33,000. Moved by Perret, seconded by Erdahl, to adopt RES. 83-124, Bk. 77, p. 333, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR THE CONSTRUCTION OF BENTON STREET BRIDGE REPAIR PROJECT AND AUTHORIZING BIDS TO BE RECEIVED JUNE 1, 1983, AT 10:00 A.M. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. City Engr. Farmer stated the street would be closed approximately one month the -- latter part of June and traffic routed via Burlington Street and the By - Pass. The Mayor declared the resolution adopted. Shelly Plattner, 58 Sunrise Village, appeared and presented two petitions to Council. The first requested the City Council and Mayor to direct the police to enforce the law as regards to bicyclists rights and obligations in using streets of Iowa City, and the second asked the Council to implement suggestion referred to in a separate letter regarding the removal of bicycle lanes on Jefferson and Market streets and implementing the signing alternatives. Moved by Dickson, seconded by Perret, to accept and place on file the petitions and letter. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Neuhauser requested the matter be discussed at an informal session and asked staff input. Balmer suggested Asst. Transportation Planner Jeff Davidson provide input. Phil Nychay, Iowa City bus driver, appeared re the Washington Street interchange problem. Police and Public Works will provide accident figures for the transit interchange and the matter will be scheduled for informal session soon. Max Yocum appeared re the development near the airport and the recent commercial assessments. The Mayor announced three vacancies for six-year terms ending 7/1/89 on the Board of Library Trustees. These appointments will be made at the 6/21/83 meeting of the City Council. Moved by Perret, seconded by Erdahl, to appoint Robert C. Randall, 1650 Ridge Road, to the Board of Adjustment for an unexpired term ending 1/1/84. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by McDonald, to appoint Neal Morris, 1104 Yewell Street, to the United Action for Youth Board for a one-year term ending 6/30/84, and to re -advertise the other one-year term. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmember Perret announced he would be accompanying staffinember Hauer to Des Moines to discuss concerns of the hotel project with Mr. Anderson from the State Historical Society. Councilmember Erdahl clarified that the recent commercial assessments have not been turned into taxes as yet and that housing market and rents seem to be thriving. Recommendations of the Committee on Community Needs noted as follows: CCN wishes to change its meeting time from 3:30 to 5:00 p.m. on i MICROFILMED BY 'DORM- "MICR#LAE3 1 CEDAR RAPIDS DES MOINES I i COUNCIL ACTIVII MAY 10, 1983 PAGE 7 the third Tuesday of each month, beginning June 21, 1983. No Council action is required; CCN recommends that $12,500 of CDBG funds be allocated from the proceeds of the Lower Ralston Creek land disposition to Floodplain Map Revisions. Council has already acted on this recommendation on April 26, 1983; CCN recommends that the City Council consider sending letters to appropriate officials, in opposition to the Administration proposal to combine CDBG and General Revenue Sharing Funds. On February 25, 1983, the President transmitted the "Local Fiscal Assistance Block Grant Act of 1983" (House Document No. 98-22), to the appropriate Congressional Committees. The proposed Block Grant recommends the gradual fusion of the CDBG and General Revenue Sharing programs over the next five years into one block grant which would, in essence, be a GRS grant. The National League of Cities has gone on record as opposing this fusion. CCN is also opposed to the fusion of the two grants on the grounds that the CDBG emphasis on aiding lower income persons, particularly in the area of housing, will be lost. In addition, past history shows that fusion of federal programs usually results in decreased or total loss of funding for the program. Council may wish to write to Senators Jepsen and Grassley and Congressman Evans on this matter; CCN requests that the City Council reconsider its policy on not using CDBG funds for personnel/operating costs for Public Service activities, in relation to the CDBG Jobs Bill funds only. Council discussed this matter with CCN at the informal meeting on April 25, 1983. Recommendation of the Housing Commission that the Council delay review of the proposed changes in the Civil Rights Ordinance until such time as the two Commissions can get together to resolve their many differences, noted. A meeting will be scheduled in the near future. Recommendations of the Human Rights Commission noted as follows: That the Iowa City Human Rights Commission become a member of the Associa- tion of Iowa Human Rights Agencies. No Council action is required; the Human Rights Commission submits the adopted revisions of the Human Rights Ordinance to the City Council for their review and action. This review has been delayed until after the completion of the new Zoning Ordinance. Moved by Erdahl, seconded by Balmer, to adopt RES. 83-125, Bk. 77, pp. 334-338, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH PROCTER & GAMBLE MANUFACTURING COMPANY ESTABLISHING THE QUANTITY OF POLLUTANTS TO BE DISCHARGED INTO THE CITY'S WASTEWATER COLLECTION SYSTEM. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Perret, to adopt RES. 83-126, Bk. 77, pp. 339-342, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS BETWEEN THE CITY OF IOWA CITY AND EUGENE F. FISHER, A PROPERTY OWNER ON SOUTH DUBUQUE STREET FOR THE 50/50 FUNDING OF THE REHABILITATION OF A SIDEWALK VAULT ON SOUTH DUBUQUE STREET. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Perret, to adopt RES. 83-127, Bk. 77, p. 343, TO REJECT THE BID OF JAMES J. CROKER AND RUTH JOANNE CROKER FOR THE !r- MICROFILMED BY j 1_ DORM -MIC R6L A13 -� CEDAR RAPIDS • DES W KS I T J COUNCIL ACTIVII. J MAY 10, 1983 PAGE 8 PURCHASE OF THE PARCEL KNOWN AS A-1 IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, IOWA. Balmer questioned if a refund of the deposit had been made. The City Manager noted it is being processed and that the money submitted for a variance would also be refunded. The Mayor noted the bid was being rejected because there was no update of the floodplain map. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Perret, to adopt RES. 83-128, Bk. 77, p. 344, TO REJECT THE BID OF LEROY E. AND LAVERA MULLER FOR THE PURCHASE OF THE PARCEL KNOWN AS A-2 IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Dickson, to adopt a resolution authorizing and directing the solicitation of offers and receipt of bids to purchase certain land for private redevelopment, known as Parcel A-3 in the Lower Ralston Creek Area of Iowa City, Iowa; setting a public hearing for June 7, 1983, on the proposed sale and conveyance of said land; and directing the City Clerk to publish notice of such actions. The Mayor declared the resolution defeated unanimously, 0/7, all Councilmembers present. Lynch noted this was rejected awaiting changes on the floodplain map. Moved by Erdahl, seconded by Perret, to adopt RES. 83-129, Bk. 77, pp. 345-346, ADOPTING THE ANNUAL BUDGET FOR FY84, ENDING JUNE 30, 1984, FOR PUBLIC HOUSING PROJECT IA22-3. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Perret, to adopt RES. 83-130, Bk. 77, pp. 347-348, ADOPTING THE ANNUAL BUDGET FOR FY84, ENDING JUNE 30, 1984, FOR PUBLIC HOUSING PROJECT IA05 P022 004. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Perret, to adopt RES. 83-131, Bk. 77, p. 349, AUTHORIZING THE MAYOR AND THE CITY CLERK TO ATTEST, THE FY84 APPLICATION FOR STATE AND FEDERAL TRANSIT ASSISTANCE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Dickson, to adopt RES. 83-132, Bk. 77, p. 350, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, CURRENTLY EFFECTIVE JULY 1, 1983, THROUGH JUNE 30, 1985. Phil Nychay, President of Local #183, appeared re delay in signing. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by McDonald, to adopt RES. 83-133, Bk. 77, p. 351, ESTABLISHING THE DEPOSIT FEE FOR CITY OF IOWA CITY WATER/SEWER/REFUSE SERVICE CUSTOMERS. McDonald questioned the status of i MICROFILMED RY 1. --JORM-MICR4IL AE3 _I CEDAR RAPIDS DES !401 IVES J 1 COUNCIL ACTIVII MAY 10, 1983 PAGE 9 recent problems with the Apartment Association. City Manager stated some interim changes are being used and a tentative agreement on a package has been discussed. Information will be furnished to Council in about three weeks. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Perret, to adopt RES. 83-134, Bk. 77, p. 352, ESTABLISHING A LANDFILL USE FEE AND A RESIDENTIAL SOLID WASTE COLLECTION FEE. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Perret, to adopt RES. 83-135, Bk. 77, p. 353, NAMING DEPOSITORIES, enabling the City to deposit funds with the Hills Bank. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Dickson, to adopt RES. 83-136, Bk. 77, pp. 354-363, AUTHORIZING THE ISSUANCE OF $225,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, INDUSTRIAL DEVELOPMENT REVENUE BONDS (GENE C. KROEGER PROJECT) SERIES 1983, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO GENE C. KROEGER, AN INDIVIDUAL, FOR THE PURPOSE OF DEFRAYING ALL OR A PORTION OF THE COST OF THE ACQUISITION, CONSTRUCTION, IMPROVING AND EQUIPPING OF A COMMERCIAL ENTERPRISE CONSIST- ING OF A COMMERCIAL OFFICE BUILDING; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND GENE C. KROEGER; THE ASSIGNMENT BY THE CITY TO THE ORIGINAL PURCHASED OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; AND RELATED MATTERS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Perret, to adopt RES. 83-137, Bk. 77, pp. 364-373, AUTHORIZING THE ISSUANCE OF $500,000 IN AGGREGATE PRINCIPAL AMUONT OF THE CITY OF IOWA CITY, IOWA, INDUSTRIAL DEVELOPMENT REVENUE BONDS (THE WILLIAMS COMPANY PROJECT) SERIES 1983, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO THE WILLIAMS COMPANY, AN IOWA GENERAL PARTNERSHIP, FOR THE PURPOSE OF DEFRAYING ALL OR A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING AND EQUIPPING A COMMERCIAL ENTERPRISE CONSISTING OF A RETAIL AND COMMERCIAL OFFICE BUILDING; THE EXECUTION AND DELIVERY OF BOND PURCHASE AGREEMENT AND ASSIGNMENT TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND THE WILLIAMS COMPANY; THE ASSIGNMENT BY THE CITY TO THE ORIGINAL PURCHASER OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; AND RELATED MATTERS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Balmer, to adopt RES. 83-138, Bk. 77, pp. 374-381, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH MERCY HOSPITAL, IOWA CITY, IOWA, AND FIXING A DATE FOR HEARING ON HOSPITAL FACILITY REVENUE REFUNDING BONDS (MERCY HOSPITAL PROJECT). Erdahl questioned if the execution of the Memorandum of Agreement was a binding step toward the issuance of bonds. City Atty. Jansen replied it was not. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. MIcRDrILMED BY ` —JORM MIC ROLA B } CEDAR RAPIDS DES MOINES ! I .J COUNCIL ACTIVIT MAY 10, 1983 PAGE 10 Moved by Balmer, seconded by Lynch, to adopt RES. 83-139, Bk. 77, pp. 383-384, RESOLUTION OF NECESSITY WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE ST. ANN'S DRIVE SPECIAL PAVING ASSESSMENT PROJECT - 1983, and to defer consideration until 5/24/83 on resolution directing preparation of detailed plans, and specifications, form of contract and notice to bidders on the St. Anne's Drive special paving assessment project - 1983, and ordering bids, approving plans, specifications, and form of contract and notice to bidders, fixing amount of bid security and ordering Clerk to publish notice and fixing a date for receiving same, and for a public hearing on plans, specifications, form of contract and estimate of costs for the St. Ann's Drive special paving assessment project - 1983. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted and the motion carried. A public hearing was held on resolution of necessity for Kimball Road Special Assessment Project - 1983. No one appeared. The Mayor announced that the City had decided to fund the entire project. Moved by Lynch, seconded by McDonald, to adopt RES. 83-140, Bk. 77, pp. 385-387, RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE KIMBALL ROAD SPECIAL SIDEWALK ASSESSMENT PROJECT - 1983, as abandoned. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Lynch, seconded by McDonald, to adopt a resolution directing the preparation of detailed plans and specifications, form of contract and notice to bidders on the Kimball Road special sidewalk assessment project - 1983, and ordering bids, approving plans, specifications and form of contract and ntoice to bidders, fixing amount of bid security, and ordering Clerk to publish notice and fixing a date for receiving same and for a public hearing on plans, specifications, form of contract and estimate of costs on the Kimball Road special sidewalk assessment project - 1983. The Mayor declared the motion to adopt the above two resolutions defeated unanimously, 0/7, all Councilmembers present. Moved by Perret, seconded by Erdahl, to defer consideration of a resolution authorizing the Mayor to sign and the City Clerk to attest an agreement and storm sewer easement with Don E. Williams, Gregory J. Downes, Ralph L. Neuzil, and Dale Sanderson, hereafter known as the "Williams Group". The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Lynch, seconded by Dickson, to adopt RES. 83-141, Bk. 77, p. 388, ADOPTING THE IOWA CITY MUNICIPAL AIRPORT MASTER PLAN. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Perret, to adopt RES. 83-142, Bk. 77, pp. 389-390, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE EXECUTED BY MAUDE A. GLICK. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. J41 CROFILMED BY -"JORM MIC R(,SLA B'- 1 CEDAR RAPIDS - DES I401YES I i I I J COUNCIL ACTIVI' i MAY 10, 1983 PAGE 11 Moved by Lynch, seconded by Perret, that the ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF ORDINANCES, ARTICLE II, TAXICABS, BY DELETING THEREFROM THE AUTHORITY CONFERRED UPON THE CITY CLERK TO ISSUE A TEMPORARY DRIVING PERMIT TO TAXICAB DRIVERS, be considered and given second vote for passage. Fred Hodges, Hawkeye Cab Company, appeared asking Council to defeat the ordinance. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Lynch, seconded by Perret, that the ORDINANCE AMENDING SECTION 31-10 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, TO ADVANCE THE EFFECTIVE DATE FOR REMOVAL OF PROHIBITED SURFACE MATERIALS, be considered and given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Lynch, seconded by Balmer, that the ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES "ELECTIONS" BY DELETING THEREFROM ARTICLE II MUNICIPAL ELECTION CAMPAIGN FINANCE REGULATIONS, be considered and given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Councilmembers discussed the need to retain the limit of individual contributions to $50. City Attorney Jansen will report back to Council on another ordinance for that purpose. Moved by Balmer, seconded by Dickson, to adopt RES. 83-143, Bk. 77, pp. 391-397, AUTHORIZING THE MAYOR TO SIGN A 15 MONTH LEASE WITH LENARD SPENLER FOR RENTAL OF STORAGE FOR WATER DISTRIBUTION LOCATED AT 2253 S. RIVERSIDE DRIVE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held to consider the appeal of Robert Rath, re revocation of a taxi driving permit. Asst. City Atty. David Brown, representing City Manager Berlin, called the following witnesses: Police Officer Gregory Roth; Police Capt. Donald Strand; Police Chief Harvey Miller; City Manager Neal Berlin. Atty. Lois Cox, representing Robert Rath, called the following witnesses: Robert Rath; Betty Costello; John Wittenberg; Fred Hodges. The Mayor announced that the Council was not to discuss testimony among themselves until the next formal Council meeting of May 24th. At that time there would be discussion and a decision reached. Moved by Dickson, seconded by Balmer, to adjourn the public hearing. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Dickson, seconded by Perret, to adjourn, 1:25 a.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. -MA IAN K. KARR, CITY CLERK MARY C. NPHAUSER, MAYOR 1. L. 141DROE1 LidED BY ,,,• ,. I "JORM "M ICRICA B L ! CEDAR RAPIDS • DES 1401NES Informal Council Discussion April 18, 1983 Informal Council Discussion: April 18, 1983, at 4:45 p.m. in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. Councilmembers Present: Neuhauser, McDonald, Balmer, Erdahl, Dickson, Perret. Absent: Lynch. Staff Members Present: Berlin, Helling, Jansen, Karr, Lee, Reynolds, Boothroy. Tape Recorded: Reel 83-7, Side 1, 710 -End; Side 2, 1 -End. Jobs Program Neuhauser said that the County asked the City to appoint an elected - official to serve on a Jobs Council. Sehr explained that there is a new six -county area Jobs Program that also includes Cedar Rapids. A thirteen member board will be appointed to oversee the program. The Jobs Program replaces CETA. The matter will be discussed at next Monday's informal session. Section 18 Federal_ and State Transit Grant Helling explained that the Council needs to hold a special meeting Tuesday night to set a May 24 public hearing for the Federal and State Section 18 Transit Grant application. The federal government requires a minimum of a 30 -day notification of the public hearing. Council agreed to a Tuesday, 7:30 p.m. meeting. Tree Removal Erdahl explained that the discussion of the City's tree removal policies was prompted by a citizen's concern for the removal of a tree on Burlington and Summit Streets. The City Manager's office, the City Forester and Councilmembers were contacted about the citizen's tree removal concern. Perret further researched the tree removal problems and along with Dickson checked on the trees that had been marked for removal. He suggested that a tree ad-hoc committee be set up and meet with City staff to establish criteria for tree removal. Berlin said that past policy should be reviewed. He noted the past Forester had made budget requests for sufficient money to run a tree program and the requests had always been denied. Perret stated taht he would like to see the City do more to preserve and replant trees. Balmer asked that Leon Lyvers and Terry Robinson give their input regarding Iowa City's trees. Berlin noted that the legal department and Dennis Showalter should be involved. Neuhauser said that there is money in the Jobs Program for tree planting. Terry Robinson explained that he is not in favor of cutting down trees unless there is a valid reason to do so. f� MICROFILMED BY i -- JORM MICROLAB- 1 CEDAR RAPIDS • DES 1,1014ES 3� J 521 Kirkwood Larry Schnitjer, speaking for property owner Dr. Rigler, showed two possible development plans for 521 Kirkwood - two 27 -unit apartment buildings or a 23,000 square foot commercial building with 18 apartments. The latter option would reduce the number of trees and have fence screen- ing. Practically all the trees are saved with the apartment building plan, with evergreens added to the plan. Perret and Dickson met with Dr. Rigler and some of the Kirkwood neighbors to discuss the alternatives, including the exchange of the property for the City's Elm Grove Park. Dr. Rigler does not consider the Elm Grove Park exchange a viable alternative currently because of the flood plain fill requirements. The Mayor noted that the Council has an obligation to act on a rezoning application unless the applicant wishes to defer or withdraw the application. Parks and Recreation staff stated that 1) an appraisal needs to be done of 521 Kirkwood excluding the house which has no recreational use to the City; 2) the Comprehensive Plan states taht people should be within a half mile of the park they use and the money from the sale of Elm Grove Park should be used to fund park acquisition within that guideline; 3) the city should not acquire more small parks because of the high cost of maintenance; and 4) the decision should be put before the Parks and Recreation Commission. Neuhauser summarized that Planning and Zoning recommended that 521 Kirkwood be rezoned RNC -20 because of its compatibility with the Comprehensive Plan. This is the equivalent of RM -20 under the proposed zoning ordinance and would allow construction of Dr. Rigler's planned apartments. Unless Dr. Rigler withdraws the application or requests further deferral, the Council will act on the application at their next formal meeting, April 26. Boothroy said staff considers apartments a more suitable transition zone than commercial or industrial use. M1 is very open ended on use and is most limited by parking requirements. Pat Gilpin felt that the commercial use was improper because most trees would be removed and too many traffic entries would be made onto Kirkwood Avenue. An area resident commented that residents currently are more concerned with what they're losing than with what actually goes into the space. Schnitjer explained that the proposed apartments are oriented towards professional occupants which would create fewer traffic and parking problems than a student oriented complex. In answer to a question from an area resident, Neuhauser said that no assurance can be given about the suggested Elm Grove Park exchange. It was noted that the rezoning application is subject to extraordinary majority and approval will take six of seven council votes. Liquor License Procedures Erdahl explained that the existing policy is that the applicant must have all requirements fulfilled for the liquor license before the application deadline. The Mayor said that the problem has been with the burden on City Clerk's office. Karr said that trying to shift the burden to the late applicant has just made things more inconvenient for the Council and Clerk's office because applicants appear at informal Council meetings for last minute liquor license meetings. Erdahl said that liquor license renewals should not be granted unless the Wednesday agenda deadline is met. Council agreed that the burden should be on the applicant to correctly apply by the due date. Berlin suggested standing firm on f 141CROFILI.IED BY f• JORM MICR OLAB CEDAR RAPIDS DCS 'dDI JrS 1 J 3 maintaining the current policy of requiring applicants to meet the normal Wednesday agenda deadline. If the applicant is late she/he can still appear at the informal meeting. Perret read from the Code (pg. 373, Sec. 525) on new and renewed licenses. He suggested that the Code would have to be revised in order to change procedure because the Code specifies application seven days before the applicant wishes Council to consider. Karr suggested staying with the seven day application time and that the check -off list provided each applicant be changed to read 4:30 Tuesday, a week before regular Council meetings. Council Time 1. Balmer inquired about the City's advertising for an extra half-time position in the Civil Rights area. He doubted the need for such a position. Helling explained that the position is needed to assure that complaints of discrimination in housing are handled within HUD deadlines. Berlin said he would give Councilmembers more information about the position. 2. In response to a question from Balmer, Helling promised that the council would receive an update from the Broadband Telecommunications Commission problem areas. 3. Neuhauser attended a transient housing meeting with Mary Anne Volm, Donald Sehr, Cheryl Mintle and two representatives of the Ecumenical Council. Mintle has done a good survey of the needed emergency housing in Iowa City. Council will be receiving the survey. Supplemental Block Grant money is targeted for emergency housing. 4.wer to a question from McDonald, Neuhauser and Berlin replied complete, historical summary of all facts and correspondence surrounding the Airport -FAA controversy is being prepared for the Council. 5. Dickson encouraged Councilmembers to attend HACAP meetings Thursday afternoons, 4:00 p.m., at Lakeside. 6. Perret has prepared a memo summarizing his concerns with the Urban Fringe parcels Al and A2. Berlin noted that the Council should particularly consider whether there should be housing in that area and the amount of open space there should be by the creek. 7. A tour is set for Ventura, Tanglewood, St. Ann's Drive and Melrose Court for 4:00 p. m., Monday, April 25. Meeting adjourned at 7:35 p.m. I� i MICROFILMED BY I l "DORMMICROLA9� -� 7 % CEDAR RAPIDS • DES M019ES CITY CONFERENCE BOARD MAY 2, 1983 City Conference Board: May 2, 1983, 4:30 PM in the Conference Room at the Civic Center in Iowa City. Mayor Mary Neuhauser presiding. Iowa City Councilmembers present: Neuhauser, Balmer, Perret Dickson. Johnson County Board of Supervisors Present: Donnelly, Myers Iowa City Community School Board Members: Wooldrick Staff Present: Berlin, Helling, Karr, Hudson (and deputies) Tape Recorded: Reel 83-11, Side 2, #20-45 Mayor Mary Neuhauser stated that a quorum was present. Moved by the City, seconded by the County, to appoint Charles McComas to the Board of Review. Neuhauser declared the motion passed unanimously. Moved by the County, seconded by the City, to have the chair sign a contract with Vanguard to do the reappraisals. Neuhauser declared the motion passed unanimously. Moved by the City, seconded by the County to adjourn. Neuhauser declared the meeting adjourned at 4:35 PM 1 i 141CROFILI-IED BY �- ' JOR MMIC RICA 8` CEDAR RAPIDS DES MOINES J T- f J -r- INFORMAL COUNCIL DISCUSSION MAY 2, 1983 Informal Council Discussion: May 2, 1983, 4:35 p.m., in the Conference Room at the Civic Center, Mayor Mary Neuhauser presiding. Councilmembers Present: Neuhauser, Perret, Balmer, Dickson, Erdahl. Absent: Lynch, McDonald Staff Present: Berlin, Helling, Karr, Jansen, Schmeiser, Knight, Keller, Hencin, Boothroy, Farmer, Holderness, Zehr, Schmadeke Others: Jim Croker, Leroy Muller Tape -Recorded: Reel 83-11, Side 2, 340 -end Reel 83-13, Side 1, #1--730 Lower Ralston Creek Land Disposition: Neuhauser said that a decision must be made on whether to rebid the parcel (A- 3). Jansen stated that the property should be rebid. The Council needs to develop a bidding procedure for the property. Perret said that housing should be encouraged in that area. A combination of some of the parcels might maximize development potential. Perret expressed a concern that there may have been a difference in the description of what was put on the market and the actual sites. He was also troubled by ambiguous terms of the contract such as easement of record. Neuhauser stated that the delay of the flood maps for the area allows time for reassessment. Balmer said that questions and concerns of the existing buildings should be resolved. The Council discussed refusing all current bids so the bidders could get back their $500. The bidders thought their money and bids were accepted in good faith. Neuhauser suggested referring the matter to the City Attorney. Neuhauser said action would be taken at the regular Council meeting, May 10, 1983: Croker read a letter he had received from the City. Knight said that the letter was sent out in regards to a Board of Adjustment application for a variance to the flood hazard overlay zone requirements, and not an acceptance of bid. Project HOPE Parcel: Berlin discussed the parcel of Linn and Harrison streets with Mace Braverman. The parcel could be configured to allow sufficient square footage for the project. It is valued at $64,000 compared to $46,000 for the original site. Berlin said that significant public benefit would result from the project. Perret noted that many flood and easement questions remain with the Parcel D use by Project HOPE. Exclusionary bidding could be allowed for an institution. Neuhauser stressed the importance of a mutually satisfactory schedule for the City and Project HOPE. Questions about parking will need to be resolved. The Council may decide that such institutions wouldn't need as much parking as currently required. Schmeiser, Braverman, and City Attorney Jansen will meet to address the questions. i MICROFILMED By -JORM MICR4i LAB - CEDAR RAPIDS • DES MINES J INFORMAL COUNCIL DISCUSSION MAY 2, 1983 PAGE 2 City Pipeyard Three bidders, A.U.R., Inc., Hawkeye Associates and Roffman Construction, presented preliminary plans and answered Council questions about proposals for the City Pipeyard. Asphalt Overlay Program A memo from the City Engineer indicates almost $273,000 is needed for the asphalt overlay at 15 different sites with the remainder of the $300,000 alotted going towards curb and concrete work. The Council discussed Grand Avenue Court. A citizen noted a problem with the Market Street alley drainage. Farmer said brick would be removed and extensive work done. Council agreed with the program as written. Farmer mentioned that if Dubuque Street would be widened four feet it would necessitate removal of 8-9 trees. The Dubuque Street project will be discussed at a later meeting. Special Assessment Projects It was noted that the Tanglewood -Ventura residents submitted a petition earlier stating their willingness to pay 25 percent of the cost of their streets. Erdahl thought the City shouldn't have to fund any more than 50 percent of the i cost. The City may assess up to 100 percent of the cost but it would require a 7/7 Council vote. (A 7/7 vote is required when 75 percent of the value of the assessment project objects.) Neuhauser thought that property not fronted on the streets to be paved should not be assessed. Perret thought it unfair that a developer (Bruce Glasgow) would receive benefits for paving on St. Anne's Drive while paying less than the 100 percent assessment rate for his undeveloped lots. People have ten years to pay the special assessment with an interest rate based on the assessment bonds sold. All the Councilmembers, except Perret, want both St. Anne's Drive and Tanglewood -Ventura treated the same. The Council agreed that sidewalks should be put on Kimball Road at the City's expense. Melrose Court won't be considered until some of the more important projects are done. 521 Kirkwood Dr. Rigler wrote a letter to the Council requesting that his property at 521 Kirkwood be rezoned R3 instead of RNC -20. Council will refer it to Planning and Zoning. Airport Jansen stated that litigation or property acquisition shouldn't be discussed outside of executive session. Another plan is possible, as outlined by Fred Zehr, Jud Te Paske, Don Schmeiser, and Jansen, that would reassure the FAA that the Council and Airport Commission wish to stay in compliance with the FAA requirements. The outline is as follows: 1) The Council should adopt a resolution accepting the recommenation of the Airport Master Plan, including policy statements. The resolution should be considered on May 3 or May 10 so that the FAA can get it as soon as possible. — I i MICROFILMED BY 1. "-JORM MICROLA9 i CEDAR RAPIDS • DES MOINES r/ I INFORMAL COUNCIL DISCUSSION MAY 2, 1983 PAGE 3 2) Neuhauser and the chairman of the Airport Commission should sign a joint letter stating that the Airport Commission and the City will review the Airport Master Plan annually. 3) The overlay ordinance should be amended to prohibit residential zones. Jansen will meet with the County about prohibiting residential housing on appropriate county property. Council discussed special boards and commissions to regulate zoning affected by the airport. 4) The County and City should have an add-on to the building permit applications so they would be checked to see if they comply with the FAA notification requirements. The Council will get copies of pertinent material in their packets to allow a vote on the resolution next week. Council Time 1. Perret reported on his Washington committee meeting. The report covered sewage treatment plant and clean water act, clean air act, RRCA, natural gas, Superfund, the nuclear freeze, and the UDAG application. 2. Neuhauser reported on General Revenue Sharing. 3. Neuhauser reported that a French industrial group will be visiting Iowa City May 20-21. She invited the Council to attend planned activities and evening home visits. 4. Balmer inquired about changing the informal Council discussion meeting time. Council agreed to discuss it at Tuesday's meeting. 5. Berlin noted that the processing of building permits is running behind and a half-time temporary employee may be needed. Neuhauser declared the meeting adjourned at 7:15 p.m. i _ - (/- 3 INFORMAL COUNCIL DISCUSSION MAY 3, 1983 Informal Council Discussion: May 3, 1983, 7:30 p.m., in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. Councilmembers Present: Neuhauser, Balmer, Lynch, Perret, Dickson Absent: McDonald, Erdahl Staff Present: Berlin, Helling, Karr, Jansen, Schmeiser, Moen Tape -Recorded: Reel 83-10, Side 1, #1192 -End, Side 2, 1 -End Reel 83-12, Side 1, 1-84 Planned Development Housing Overlay Zone River Corridor Overlay Zone (p. 82) Moen showed Council the River Corridor Overlay (ORC) Map. She stated that the ORC zone is a 100 foot zone measured perpendicularly from either the floodway encroachment line or from the river bank (as defined). The maps show a 200 foot line instead of 100 feet. Within the ORC zone is a 30 foot setback area, measured either from the floodway encroachment line or the river bank, which is a no build area. It is up to the owner or developer to determine whether to use the floodway encroachment line or the river bank for the setback measurement. The river bank is defined as at the water level at 13,000 cubic feet per second as measured from the Coralville dam - which is a generous flow. The river bank and floodway encroachment line may be identical or the river bank may extend past the floodway encroachment line. The Stanley Plan was the basis for many Riverfront Commission decisions and it recommends a 100 foot vegetative buffer between the river and any development. Schmeiser said that the previous City Attorney suggested that a 200 foot ORC might be challenged in court for unjustly restricting development. Most existing houses in the zone maintain a 30 foot setback. Moen said that the Army Corp of Engineers are only authorized to release up to 10,000 cubic feet per second from the Coralville Dam without special permission. The release of 10,000 c.f.s, creates flooding in lower City Park. An incentive to the developer (p. 85 special provision) is provided by allowing the developer to apply for an OPDH zone if s/he leaves the property undeveloped within 100 feet of the river bank/floodway encroachment line. Legal staff is concerned about due process with neighbors because there would be no notice of zoning change given. Tax incentives could be an alternative encouragement to maintain 100 foot undeveloped area. The 30 foot no build is judged equitable because of a reference in the flood plain management ordinance to a 32 foot no build area and considerations to existing lots on Normandy Drive. Perret suggested that a 100 foot no build could be written in with existing lots called non -conforming. Neuhauser stated that Iowa City could use a double standard of different requirements for developed and non-developed areas. Schmeiser responded that Iowa law makes such provisions unlikely in spite of the practicality of trying something new in undeveloped areas. f MICROFILIIED By I I JORM- MIC RdlLA B - 1 CEDAR RAPIDS • DES VINES � I INFORMAL COUNCIL DISCUSSION MAY 3, 1983 PAGE 2 Schedule In response to a question from Balmer, Schmeiser stated that the Planning & Zoning Commission felt it will take the Commission six weeks to two months to complete the review of approximately 90 comments on the proposed zoning ordinance. Neuhauser stated that she has made an informal request to the Commission for a schedule and will make a formal one if necessary. She stated that public hearings cannot take place in August when many residents are out of town. Schmeiser noted that the Commission is currently meeting twice every other week. If the Council adopts a new ordinance instead of amending the existing ordinance, the automatic 60 day moratorium would not take effect because the provision in the existing ordinance only applies to amendments. There shouldn't be any drastic downzoning resulting from the proposed ordinance so a moratorium may not be necessary. People know a new ordinance will be adopted and they know that they may either follow the new code guidelines or risk a development which would soon become non -conforming. =1 Utilizing a previously approved PAD site plan, Schmeiser contrasted the PAD with the proposed OPDH zone. Schmeiser said that the OPOH zone will be rewritten to make it easier to understand. Developers would probably prefer to work under the current PAD process. Staff attempted to develop a different form of regulations that offer flexibility in planned unit developments. The FHA regulations are probably the most unbiased regulations available and include zoning control techniques. Iowa City uses techniques similar to the 1926 Euclid, Ohio, zoning ordinance which had been upheld by the U.S. Supreme Court. Schmeiser explained that a minority of P/Z staff felt that no restrictions should be placed on placement within a lot except for minimum safety clearances around the house. The Comprehensive Plan is based on the number of people per acre which serves as a density control measure in sizing sanitary sewers and other utilities. Regulating the number of units on a piece of land doesn't regulate the number of people. Therefore, the OPDH zone regulates habitable floor area rather than dwelling units and thus better regulates actual density. OPDH can be used in any residential tract in Iowa City which meets minimum size requirements. The OPDH has a method for determining maximum residential floor area allowed on a development site. Neuhauser suggested that developers could understand the method if provided with necessary classes or workshops, manuals, and a planning staff able to spend the time to fully explain the details and application. The process will still be rewritten in the proposed ordinance. The OPOH zone satisfies legal requirements of providing standards but more importantly, any developer has the option to work under the more traditional Euclidean approach or the less restrictive standards of the OPOH zone. A landscape architect commented that the current PAD provisions allowed development of irregular sites like Arbor Hill. He didn't see the density ratios of the OPOH as a valid concern. Lynch explained that, currently, the Council hasn't a legal basis for discretion in approving a PAD and the OPDH attempts to rectify that. Schmeiser said that except for awkward wording, the OPDH standards are as simple as practical. The landscape architect noted a particular problem with sections i lIIICROF ILMED aY JORM MICROLAB 1 I CEDAR RAPIDS DES -001NC5 INFORMAL COUNCIL DISCUSSION MAY 3, 1983 PAGE 3 such as p. 87, section d, paragraph 2. Lynch noted that most PAD's meet OPDH standards just through the common sense approach of the developer. Schmeiser said that the PAD requires preliminary approval of plans by both the P/Z Commission and the City Council. The OPDH eliminates final approval by the P/Z Commission and Council, leaving that as an administrative review. Thus, the entire process is simplified. Jansen read and commented on the present PAD ordinance, demonstrating the need for more extensive requirements. Schmeiser explained that the single lot zoning requirements are much more restrictive than OPDH or PAD provisions. Jansen said that the OPDH section could be simplified. Neuhauser noted that Council might want to limit high- rises in outlying areas. The Council discussed possible limitations on high- rises. The landscape architect noted that an apartment shouldn't have windows right up to the property line. Schmeiser said that in the community where he previously worked every development had been scrutinized against the FHA requirements which are the basis of OPDH regulations. Berlin suggested using the current PAD with added standards and studying the Fort Collins, Colorado, ordinance for comparison. Schmeiser said that there are many alternative schemes for providing zoning requirements. Council Meeting Schedule Balmer requested to change the time of informal meetings. The topic will be discussed at the next informal meeting. Neuhauser suggested the Public Library may allow the Council to schedule meetings there. i 1 i 141CROFILMED BY I 1. DORM MICROLAB' CEDAR RAPIDS - DES MOINES j I J T �45 INFORMAL COUNCIL DISCUSSION MAY 9, 1983 4:30 P.M. Informal Council Discussion: May 9, 1983, at 4:30 p.m. in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. Councilmembers Present: Neuhauser, Balmer, McDonald, Perret, Dickson, Lynch. Absent: Erdahl. Staffinembers Present: Berlin, Helling, Jansen, Karr, Boothroy, Knight, Franklin, Hauer, Kimble, Vitosh, Schmadeke, Farmer, Holderness, Kucharzak, Mintle Tape Recorded: Reel 83-12, Side 1, N84 -End, Side 2, N1 -End. Executive Session j Moved by Perret, seconded by Balmer, to adjourn to executive session under Section 28A, 5b. to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 6/0, Erdahl absent. Council convened to open session. Agenda The Mayor announced two additions to the May 10, 1.983, Council agenda: 1) Item la, a Resolution of Tribute to Allan Vestal 2) Setting a public hearing on May 24, 1983, to review the UDAG grant, Parcel 64-1b, hotel project. Request for Closed Hearing (Rath) In response to a request from Lois Cox, attorney for Robert A. Rath, Jansen recommended not to go into executive session because the appropriate ordinance stipulates an opening hearing. Central Jr. High Berlin, Neuhauser, Jansen, the president of the School Board, and the School Board attorney met and discussed a timetable for decisions on Central Jr. High. The City has received a $565,000 appraisal for the entire property. The School Board will evaluate their Re -use Study and the appraisal at their May 11 meeting. An allocation of the 202 Program will be made by HUD in June and two developers are interested, which would affect the Central Jr. High decision. Legal staffs are still discussing a 99 year lease to Mercy Hospital for parking. The Council needs to consider if a short-term use would be permitted, such as overflow classes 1� i MICROEILIdED BY JORM MICR6LAB - CEDAR RAPIDS • DES MOINES i r I I r' INFORMAL COUNCIL DISCUSSION MAY 9, 1983 PAGE 2 from the University for a year or less. Such use would only be considered if both sides would be protected and that the City would be in a position to insure best public interest at the final disposition. If the School Board decides to move its offices into Central, the City has no voice in the decision but the issue of not selling would have to go before the voters. A cash settlement is still being considered. ADDlications to Planning and Zonino Commission Rezone 624 S. Gilbert Street, C2 to R3A. Franklin recommended deferring action because of a fuel oil spill at the site. Staff recommends that the hearing be deferred until May 24, 1983. The hearing could be further delayed if necessary. 1 Vacating a portion of Lucas Street R.O.W. Council held a public hearing - on March 15, 1983. Knight stated that property owners were notified and will receive notification before final disposition. Approving final plat of the replat of Block 4, Page's Addition. Knight explained the division of the property into individual lots. The property owners will be notified before the final disposition. Rezoning 1425 North Dodge Street, RIA to C2. There was no discussion. Rezoning Hawkeye Mobile Home Court, R1A to RMH. There was no discussion. Amending the Zoning Ordinance, re: suspension of building permit during consecutive rezonings within a 12 month period. Balmer noted that because there has been no protests, readings could be accelerated. Rezone 70 acres located north of Highway 1 near Willow Creek. Perret said that this was too large of an area to waive considerations. Lot 62, MacBride Addition, Part 2, approve preliminary and final plat. Council approved waiver of readings with final passage of the ordinance at the May 10 meeting. University Lake Apartments, consider resolution amending the preliminary and final LSRD plan. Franklin showed a map of the development and answered questions about parking, vehicular access, and pedestrian access. She explained that the amended plan will be more appropriate to the site. Rezone 521 Kirkwood, M1 to RNC, -20. The applicant has filed a new appli- cation for rezoning rather than amending this original application. The City hasn't received a letter requesting that the previous application be withdrawn. Irene Doerring noted the neighbors' opposition to the new application and that Dr. Rigler has already cut down many of the trees on the property. Pictures were presented of the property without the trees. Citizens expressed concerns about apartment developments ruining neighborhoods. Neuhauser explained that the proposed RNC -20 zoning is the same zoning as an effective buffer to the businesses to the west of the Kirkwood property. Neuhauser stated that the Council will either table or vote on the original application at the May 10 Council meeting. 1 i nICROEILRED BY L CORM MIC REILAB T CEDAR RAPIDS DES '•1019ES � i i INFORMAL COUNCIL DISCUSSION MAY 9, 1983 PAGE 3 Prairie ViewEstates, Part 1, consider a resolution aprpoving the preliminary plat. Knight said that P&Z Commission and staff recommended approval and all deficiencies have been corrected. If additional property is subdivided, a secondary access would have to be provided. The plan has been approved by the Board of Health. Gladys Scott and Tom Slattery spoke against the development for neighbors of the property. They were against the development because of drainage problems, swampy ground and traffic problems. Neuhauser stated that the proposed development is county land and the City may only rule on City requirements. Oaks Meadows Addition, resolution approving an amendment to the final plat. There was no discussion. Resolution approving By-laws of P&Z Commission. There was no discussion. First and Rochester Addition, Part 1, consider a resolution approving the preliminary plat. P&Z voted not to approve the proposed subdivision. All the deficiencies and discrepancies have not been corrected, but it has been placed on the agenda at the request of the applicant. The Regina R.O.W. and the downstream sewer problem are the major deficiencies. Blooming Prairie. The preliminary and final LSRD for the Blooming Prairie I project have been approved by P&Z but are dependent on IRB's. j City Pipeyard. I Hauer explained that staff recommends Clark as developer because of 1) price offered; 2) value of the development; and 3) ability to answer all questions about outstanding issues. Councilmembers agreed that the Clark proposal will be favored. 14 Acre East Side Development Balmer had recommended that Frantz Construction get the Council's opinion on development of this area with a gravity flow sewer system flowing into the "horseshow" system downstream. Schmadeke explained the possibility of a holding pond system in the area or utilizing a lift station. Balmer said that it is a prime area to be developed because it is subject to gravity flow sewer system and is contiguous to existing residential housing. Schmadeke and Boothroy explained the history of similar problems at Village Green. A holding tank would cost about $90,000 for 30-40 acres. Neuhauser said that until a general plan is in effect, the Council shouldn't approve any such developments. The Council should have a Wastewater Treatment Committee report by June. Paving Assessments Staff will make a recommendation to Council on percentage assessment to property owners on Tanglewood and Ventura. The Council generally favored using the same percentages on St. Anne's Drive as on Tanglewood/Ventura. Tanglewood/Ventura and St. Anne's will be deferred while the Kimball project will be defeated. On Melrose Court property would have to be condemned if easements are not granted. Neuhauser stated that 1) the Council must decide if Melrose Court will be funded entirely by the City F 141CROFILMED BY "-JORM-MICROLAB 1 CEDAR RAPIDS • DES MOINES INFORMAL COUNCIL DISCUSSION MAY 9, 1983 PAGE 4 if easements are granted; 2) if not, what percentage will be funded; and 3) written easements must be obtained. Property owners want to know if there will be an assessment before they are willing to give an easement. Perret said that previous councils assured property owners that improve- ments would be made without an assessment. The sidewalk is used primarily by pedestrians who aren't residents of the street. Lynch and Neuhauser both stressed that a general policy should be developed and Perret said he would work on one for the next informal Council meeting. FY83 CIP Budget Vitosh stated that she needs the FY83 CIP Budget comments so she can finalize it for the May 24 meeting. The FY84 CIP discussion will be rescheduled. She stated that any project for which it appeared that project costs would be incurred in this fiscal year was listed completely for this year. Total project costs are listed. The schedule will continue to be updated. The Shamrock storm sewer is shown in FY84 because design work has already started. The total project budget should be approved, then on June 30 the staff will deduct whatever has been spent and carryover the remainder. Only the portion to be spent this year needs to be balanced against receipts. Farmer explained the design details of the Rundell Street/Dearborn storm sewer. Lynch noted that under the section for receipts for the Wastewater Treatment Facility, staff projects federal aid of $4,150,000. Vitosh explained that it was the original estimate based on the five year CIP. It has been revised down because it included construction costs to be incurred this year if federal funding was obtained to proceed with the original design. Instead, only design costs will be incurred this year which were federally funded. Items under GO Bonds are there pending a final funding decision by the Council. Farmer noted that the Johnson/Bowery alley project will be calculated at 100 percent assessment pending a Council decision. MECCA Funding The MECCA Director asked that the City assume some of the cost ($600/mo.) for MECCA's use of airport hangar space because of funding cuts from other sources. $5,000 is saved by the move to the hangar space but that is less than the funding cuts from the Center for Disease Control. This year's proposed budget was $358,000 and the actual budget was $374,000. Next year's proposed budget is $442,000 but will probably be reduced. The MECCA Director outlined reasons for next year's increased budget needs. Benefits of MECCA to the City include the administration of the Wellness Program and referrals. $175,000 will be needed at some future time to repair the Voss House. MECCA has reorganized by getting cheaper space and will reassess Voss House repairs. Lynch noted that it takes an extraordinary circumstance to warrant additional mid -year funding. MECCA has done an analysis of the high administrative costs that limit money going into services. If the additional funding request is not honored, MECCA would be forced to cut services. The Director stated that the primary purpose of MECCA is to assist people who are substance abusers by 1) providing prevention to reduce the occurrence of substance abuse, and 2) providing treatment. The Mayor stated that there are not four Councilmembers in favor of the additional funding. 141CROFILMED BY 1 --JORM MICROLAB- CEDAR RAPIDS • DES MOVIES 1 J INFORMAL COUNCIL DISCUSSION MAY 9, 1983 PAGE 5 Library Contract Neuhauser stated that unless Councilmembers have questions about the library contract, work on it will proceed. Summer Schedule The informal meeting time will be at 7:30 p.m. on Monday through July. i House Moving Ordinance I Berlin noted that the House Moving Ordinance will be discussed at Tuesday's formal Council meeting. Meeting adjourned at 7:40 p.m. ` i MICROFILMED DY ' JORM"MICR6LA13- CEDAR RAPIDS • DES MOINES ! i� L� L E X E C U T I V E S E S S I O N MAY, 9, 1983 EXECUTIVE SESSION: May 9, 1983, 4:30 P.M. in the Conference Roan at the Civic Center. Mayor Mary Neuhauser presiding. COUNCIIMEMBERS PRESENT: Balmer, McDonald, Neuhauser, Perret. Absent: Dickson, Erdahl, Lynch. STAFFMEMBERS PRESENT: Berlin, Helling, Jansen, Karr. TAPE-RECORDED ON Reel #28, Side 1, 1375 to End. Moved by Perret, seconded by Balmer to adjourn to executive session under Section 28A.5(b), to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The affirmative roll call vote unanimous, 4/0, Dickson, Erdahl and Lynch absent. The Mayor declared the motion carried. Moved by Balmer, seconded by McDonald to adjourn, 4:50 P.M. The Mayor declared the motion carried, 4/0, Dickson, Erdahl and Lynch absent. +i I 111LROFILMED BY (. - JORM-MICR4ICA9'- - ) � CEDAR RAPIDS •DES MOINES I JI