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HomeMy WebLinkAbout1983-08-16 Council minutesMen Informal Council Discussion July 25, 1983 i Informal Council Discussion: July 25, 1983, at 7:30 p.m. in the Conference Roam at the Civic Center. Mayor Pro Tem David Perret presiding. Councilmembers Present: Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Absent: Neuhauser. Staffinembers Present: Berlin, Jansen, Karr, Brachtel. Tape Recorded: Reel #83-22, Side 1, #1520 -end, Side 2, #1-358. FAA/Airport Lynch questioned the letter from FAA re "status compliance." Berlin said he will meet with Russ Schmeiser, Emmit George, Fred Zehr, and the Mayor Pro tem to discuss the letter. Jansen expressed concern about the FAA's disagreement with his legal opinion. At Berlin's suggestion, Jansen called the FAA regional counsel, Mr. Brennan, expressing interest in the FAA's suggestion to deny an occupancy permit to the disputed building and Jansen asked if Brennan had a concrete legal suggestion for such a denial. Brennan called back later saying that he had no case to cite. Lynch said the Council had to take responsibility for the problem and work out some positive approach. Perret said individuals representing the City have already bent over backwards trying to accommodate the FAA's position without success. Berlin said that representatives of the Airport Commission have met in Kansas City to discuss alternatives in a concerted effort to progress. Balmer says that the FAA is seeing conflicting stories from Iowa City because of the law suit and the community needs to speak with one voice to be heard politically. Lynch suggested forming some group on at least an ad hoc basis to represent all interested Iowa City parties in order to speak to the FAA j with one voice. A broader base approach is indicated. Board of Adjustment , F Balmer questioned the legal status of the City on the Home Town Dairies issue. Jansen explained that stop work orders have always been issued when a decision is appealed. An appeal is meaningless if the building is built by the time the appeal is decided. He said that the amendment makes the stop work order clear and does not put the City in the position of incurring liability except for actually passing the amendment. The state and City code both say an appeal must be filed in a reasonable amount of time. Council recommended that the Board of Adjustment establish a fixed time for appeals such as 15 days. It would be harder for the builder to go to court to set aside the appeal with this ordinance. Lynch said that since a building permit has been granted and construction started, some mechanism should exist to quickly eliminate frivolous appeals from blocking construction. Erdahl stated that this ordinance is meant to clarify the appeal process and not to radically change it. The process has been much abused in the past but Jansen said it could be abused by people willing to pay the $75 filing fee. Balmer suggested a higher filing fee. The problem with an appeal filing date is that builders could prevent many appeals by not beginning construction until the appeal date is passed. Lynch suggested that either a 20 or 30 day filing period be recommended to the Board of Adjustment and a $150 filing fee be instituted in place of the $75. Erdahl .MICROFILMED BY '.JORM MICROLAB CEDAR RAPIDS•DES MOINES I 0 agreed. Jansen will look into the legality of directing the Board to institute a filing period. IDOT Speed Study Perret reviewed Brachtel's memo. Perret and Balmer expressed reservations about raising the speed limit to 30 miles per hour in residential/pedestrian areas. Enforcement is higher on Governor and Dodge Streets. McDonald and Dickson had no problems with the proposed changes. Perret directed Brachtel to pursue the changes as outlined. In a response to a question from Dickson, Brachtel said that the new lights at the intersection of Riverside and Benton are waiting for the poles. Balmer expressed concern that only half of Riverside Drive is being overlayed. Staff will report back. Highway Commercial Zoning Perret said that the County Planning and Zoning Commission approved highway commercial zoning for several areas on the west side of the Highway 218 - relocated Highway 1 interchange. A large tract of that parcel will be used for the Kirkwood campus but questions about smaller tracts remain. Because of the Fringe Committee's involvement, the City Manager thought the matter appropriate for Council discussion. Balmer said that the land in question was considered for annexation but finally was left to the County. Erdahl explained that the County recognized the pressure to develop the land and opted for something analagous to planned area site development so they would have more control over what went in and include innovative ideas in regards to sewage disposal, wells, etc. which would be inappropriate for the City but not the County. Kirkwood in particular is valuable in introducing innovative ways to deal with sewage problems. Perret said he thought that most urban development would take place in Iowa City in small strips of highway commercial outside of Iowa City are inappropriate. McDonald said he and Erdahl agreed that the Fringe Committee's agreement was a major breakthrough. The County's willingness to develop new site standards relieved City fears of an unchecked development. The County will present their standards in August which should minimize problems. Erdahl felt that the County understands the City's position on wanting to limit highway commercial type zoning. Electrical Franchise Perret said that tonight's task should be to appoint a negotiating team. Balmer said that he wants to see the company's response to the City brought before the Council and not just the negotiating team. Berlin said he assumed that all communication and action would be with the total Council. Jansen compared the process to negotiation with labor unions under the open meetings law. Lynch said that a detailed response is appropriate for public discussion. Erdahl noted that Jansen and Berlin would deal with the company at the Council's direction. 624 South Gilbert Jim Clark told Perret earlier that one possible solution to the problem with fumes is to build the apartments on top of an open-air garage in addition to the ventilating system. The property is already C2 which allows 11 units while Clark wants rezoning to allow 24 units. Clark said that the open air lj ( MICROFILMED BY '.JORM MiCROLAB CEDAR RAPIDS•DES MOINES 3 ventilation system would allow air to flow through three sides of the parking garage. The primary ventilating system would be under the slab. Clark also said that he was open to a maintenance bond and would put trap doors into the concrete for checking the ventilation system if the City would like it. Berlin said he thought that with the parking garage addition a maintenance bond wouldn't as a Clarkneeds to submit sa written proposal lbefwaiverit orethe City c nrformallyprespond. McDonald said that Clark should improve the alley but not at City expense and Clark concurred. Clark noted that he is operating under a time constraint. Balmer said that it isn't useful to take Clark's proposal before the DEQ. Jansen explained that a maintenance bo would become a covenant running with nd is a guarantee that the ventilation system would be maintained by the current owner. The agreement, when finalized, rthe land that the curent owner maintain the ventilation system. Lynch asked if the covenant wouldn't eliminate the need for the bond but Erdahl said that the bond guarantees that someone maintains the ventilation system. Berlin noted that the critical thing is to maintain a liability insurance policy that would relieve the City of all liability. Jansen suggested that self-insuring might be an option. Balmer was concerned with the long-term liability problem. Clark takes the chance because the covenant with the land absolves the City of all risk. Clark's responsibility will not extend past his sale of the property. Announcements 1. Perret received a letter from the National League of Cities concerning the reauthorization of general revenue sharing. It will be acted upon in the Senate this week. 2. John Moreland's invitation to Councilmembers to view the Iowa -Illinois Manor Development on Thursday, July 28, noted. 3• The City Council gave the Daily Iowan reporter, Mark Leonard, a token momento on his last Council meeting. Meeting adjourned 9:no p.m. MICROFILMED DY I` 'JORM MICROLAB CEDAR RAPIDS•DES MOINES ,'7r 1 J. ti) -WNW 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, N1-1867. 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 t SIDEWALKS". Planning and Zoning Applications jVacation of Des Moines Street right-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 R16. In answer to a question from McDonald, Franklin said that, because the original area was enlarged, there are two separate actions sought with separate public hearings. Oakes 3rd Addition, approving the preliminary subdivision plat. Franklin explained that the Council 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 system is installed. Four lots will be on sewer system until the Rundell Street 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-way, Highway 6, between Valley Avenue and Lincoln Avenue. No discussion. Ty'n Cae, Part 3, approving the final planned area development plan for a 30.65 acre tract. No discussion. T 'n CaeSubdivision Part 3, approving the final large scale residential development p an and the amended preliminary and final plat. No discussion. Airport overlay zones ordinance amendment. Consider 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. No discussion. fir' -'..-...._. ....-- --•,f- ---�� MICROFILMED BY f '.JORM MICROLAB y CEDAR RAPIDS•DES-MOINES r 1 Rezoning 223 S Riverside, RIB to RX No discussion. Rezoning 624 S. Gilbert Street, C2 to RX 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 1. 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. 8. 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. Ki i. MICRDFMMED BY 1 :JORM MICROLAB CEDAR RAPIDS•DES-MOIM r _J -mom —1 a 1 OFFICIAL ACTIONS OF COUNCIL - 8/1/83 The cost of publishing the following proceedings & claims is $ Cumulative cost for this calendar year for said publication is $ Iowa City Council, special mtg., 8/1/83, 7:30 P.M., in the Council Chambers. Mayor Pro tem Perret residing. Councilmembers present: Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Absent: Neuhauser. A public hearing was held on the proposed vacation of alley right-of-way abutting 522 South Dubuque Street. A public hearing was held on the proposed disposition of vacation of Gilbert Street right-of-way abutting 624 South Gilbert Street. 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 i 8.10.50. Balmer stated he was removing himself from any further discussion and voting on this issue because of a connection with the company concerned. Atty. Wm. Meardon, representing Plumbers Supply, appeared re a letter filed with the Clerk earlier in the day. Meardon stated that easements obtained by the City from Plumbers Supply stated the glide slope would be 40 to 1. Review of appraisals led to a decision that a 20 to 1 would suffice. He further stated that the proposed 34 to 1 would be more restrictive and that planned construction would be prohibited if changed from 20 to 1. Russ Schmeiser, Airport Commissioner, appeared re FAA concerns on runways 6 and 30. Moved by Lynch, seconded by Erdahl, to receive and place on file letters of objection from Plumbers Supply and West Side Company. The Mayor Pro tem declared the motion carried unanimously, 5/0/1, Balmer abstaining and Neuhauser absent. Individual Councilmembers expressed their views and concerns re the proposed ordinance. Moved by McDonald, seconded by Dickson; that the ORDINANCE AMENDING CHAPTER 8.10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY DELETING SECTION 8.10.50, AIRPORT Pi MICROFILMED BY `.JORM NIICROLAB CEDAR RAPIDS•DES MOINES r r _1 OVERLAY ZONES, AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 8.10.50, be considered and given first vote for passage. Balmer reiterated his intention to abstain. The Mayor Pro tem declared the motion carried, 5/0/1, with the following division of roll call vote: Ayes: Erdahl, Lynch, McDonald, Perret, Dickson. Nays: None. Abstaining: Balmer. Absent: Neuhauser. Councilmembers McDonald and Erdahl requested further information be furnished to Council prior to the second consideration of this ordinance. A public hearing was held on the Resolution of Necessity for Block 6, Lyon's 2nd Addition Special Alley Paving Assessment Project. Don Pietrzyk appeared re his assessment and questioned the procedure used for the apartment complexes in the area. City Engr. Farmer stated assessments were based on frontage and depth of properties as well as usability. Moved by Dickson, seconded by McDonald, i that the correspondence from Don and Dorothy Fowles be accepted and placed on file. The Mayor Pro tem declared the motion carried unanimously, 6/0, Neuhauser absent. Moved by Balmer, seconded by Dickson, to adopt RES. 83-235, Bk. 78, pp. 626-627, 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, 6/0, Neuhauser absent. Mayor Pro tem declared the resolution adopted. Moved by Balmer, seconded by Dickson, to adopt RES. 83-236, Bk. 78, p. 628, DIRECTING THE PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE BLOCK 6, LYON'S 2ND ADDITION SPECIAL ALLEY PAVING ASSESSMENT PROJECT - 1983. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Balmer, seconded by Dickson, to adopt RES. 83-237, Bk. 78, pp. 629-630, ORDERING BIDS, APPROVING PLANS, SPECIFICATIONS AND FORM OF CONTRACT AND NOTICE TO BIDDERS, FIXING AMOUNT OF BIO SECURITY AND ORDERING CLERK TO PUBLISH NOTICE AND FIXING A DATE FOR RECEIVING SAME MICROFILMED BY I '.JORM MICROLAB fj CEDAR RAPIDS -DES MOVIES r M1 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. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Balmer, seconded by Dickson, to adjourn to informal session, 8:35 P.M. The Mayor Pro tem declared the motion carried, 6/0, Neuhauser absent. A more complete description of Council activities on fjlgg ,.9 the ffice of the City Clerk. QUI d 4vvt s/D 10 PERRX, MAYOR PRO TEM ,/ s/MARIAN K. KARR, CITY CLERK %1�zt�e ;v 4f" Submitted for publication 8/11/83. G� MICROFILMED BY ;� !JORM MICRO,. I j CEDAR RAPIDS-DES'MOINES��( 1 'J COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 1, 1983 Iowa City Council, special mtg., 8/1/83, 7:30 P.M., in the Council Chambers. Mayor Pro tem Perret residing. Councilmembers present: Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Absent: Neuhauser. Staffinembers present: Helling, Jansen, Karr, Farmer, Holderness, Boothroy. Tape recorded on Tape 83-18, Side 1, 183-1184. A public hearing was held on the proposed vacation of alley right-of- way abutting 522 South Dubuque Street. No one appeared. A public hearing was held on the proposed disposition of vacation of Gilbert Street right-of-way abutting 624 South Gilbert Street. No one appeared. A public hearing was held on a proposed ordinance amending Chapter 8.10, the Zoning Ordinance of the Municipal Code of the City of Iowa City, Iowa, by deleting Section 8.10.50, Airport Overlay Zones, and substituting in lieu thereof a new Section 8.10.50. Balmer stated he was removing himself from any further discussion and voting on this issue because of a connection with the company concerned. Atty. Wm. Meardon, representing Plumbers Supply, appeared re a letter filed with the Clerk earlier in the day. Meardon stated that easements obtained by the City from Plumbers Supply stated the glide slope would be 40 to 1. Review of appraisals led to a decision that a 20 to 1 would suffice. He further stated that the proposed 34 to 1 would be more restrictive and that planned construction would be prohibited if changed from 20 to 1. Russ Schmeiser, Airport Commissioner, appeared re FAA concerns on runways 6 and 30. Moved by Lynch, seconded by Erdahl, to receive and place on file letters of objection from Plumbers Supply and West Side Company. The Mayor Pro tem declared the motion carried unanimously, 5/0/1, Balmer abstaining and Neuhauser absent. Individual Councilmembers expressed their views and concerns re the proposed ordinance. Moved by McDonald, seconded by Dickson, that the ORDINANCE AMENDING CHAPTER 8.10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY DELETING SECTION 8.10.50, AIRPORT OVERLAY ZONES, AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 8.10.50, be considered and given first vote for passage. Balmer reiterated his intention to abstain. The Mayor Pro tem declared the motion carried, 5/0/1, with the following division of roll call vote: Ayes: Erdahl, Lynch, McDonald, Perret, Dickson. Nays: None. Abstaining: Balmer. Absent: Neuhauser. Councilmembers McDonald and Erdahl requested further information be furnished to Council prior to the second consideration of this ordinance. A public hearing was held on the Resolution of Necessity for Block 6, Lyon's 2nd Addition Special Alley Paving Assessment Project. Don Pietrzyk appeared 're his assessment and questioned the procedure used for the apartment complexes in the area. City Engr. Farmer stated assessments MICROFILMED BY t±i �.JORM MICROLAB I{(p CEDAR RAPIDS•DES MOINES r !_ COUNCIL ACTIVITIES ) AUGUST 1, 1983 y PAGE 2 were based on frontage and depth of properties as well as usability. Moved by Dickson, seconded by McDonald, that the correspondence from Don and Dorothy Fowles be ced on file. The Mayor declared the motion carried unanimously, pted and laPro tem 6/0, Neuhauser absent. Moved by Balmer, seconded by Dickson, to adopt RES. 83-235, Bk. 78, pp. 626-627, RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE BLOCK 6, LYON'S 2ND ADDITION SPECIAL ALLEY NT 6/GING ASS Neuhauser absent PROJECT Mayor Pro tem declared thve roll e resolutall ionnadopted� Moved by Balmer, seconded by Dickson, to adopt RES. 83-236, Bk. 78, p. 628, DIRECTING THE PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, G FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE BLOCK 6, LYON'S 2ND ADDITION j SPECIAL ALLEY PAVING ASSESSMENT PROJECT - 1983. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Balmer, seconded by Dickson, to adopt RES. 83-237, Bk. 78, pp. 629-630, ORDERING BIDS, APPROVING PLANS, SPECIFICATIONS AND FORM OF CONTRACT AND NOTICE TO BIDDERS, FIXING AMOUNT OF BID SECURITY AND ORDERING CLERK TO PUBLISH NOTICE AND FIXING A DATE FOR RECEIVING SAME AND FOR A PUBLIC HEARING ON PLANS, SPECIFICATIONS AND FORM OF CONTRACT AND ESTIMATE OF COSTS ON THE BLOCK 6, LYON'S 2ND ADDITION SPECIAL ALLEY PAVING vote unanimous NeuhauserTabseOnt. The Mayor Pro - 1983.f tirmative em declared therollall resolution adopted. 6/0, Moved by Balmer, seconded by Dickson, to adjourn to informal session, 8:35 P.M. The Mayor Pro tem declared the motion carried, 6/0, Neuhauser absent. DAVID PERRET, MAYOR PRO TEM MARIAN K. KARR, CITY CLERK .MICROFILMED DY I� IJORM MICROLAB ! :CEDAR RA PIDS•DES'MMES .' r 1 Won `1 OFFICIAL ACTIONS OF COUNCIL - 8/2/83 The cost of publishing the following proceedings & claims is $ Cumula- tive cost for this calendar year for said publication is $ 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. 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: Approval Of Official Council Actions, reg. mtg., 7/19/83, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Riverfront Comm. -7/6/83- Design Review Cortin. -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 Senor Pablo's Ltd., + 830 First Avenue. Approving Class C Liquor License and Sunday Sales for Carlos O'Kelley's, 1411 Waterfront Drive. Approving Class C Beer Permit and Sunday Sales for Osco Drug Store, i 201 S. Clinton. Approving Class C Beer Permit and Sunday Sales for John's Grocery Inc., 401 E. Market. Approving Class C Beer Permit and Sunday Sales It for Dickey's Sav-A-Lot, 1213 S. Gilbert Court. Approving Class C Beer Permit and Sunday Sales for 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 8. Harper ro a City -owned strip of land adjoining 427 Ferson Avenue, memo from Andrea Hauer attached. The City Manager will reply after Council consideration. Memo from the Traffic ....�:....._.__.—,..._--moo ---- i!r. Ci j MICROFILMED BY t+" 'JORM MICROLAB CEDAR RAPIDS -DES MOINES I i Offi,-,l Actions of Council AuguL- 2, 1983 Page 2 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 7/30/83, approved. Jane Lewis to picket in front of Emma Goldman Clinic on 7/16, 23 and 30, 1983, approved for 7/16/83. Chamber of 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. 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 subdi- vision 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. it, I MICROFILMED BY I !JORM MICROLAB CEDAR RAPLDS•DES MOINES II I Offi,',l Actions of Council Augu_ 2, 1983 Page 3 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 coil 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 given second vote for passage. the following people appeared for discussion: 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. kl i MICROFILMED BY '.JORM MICROLAB CEDAR RAVIDS•DES MOINES 1r JI J I Offi, 1 Actions of Council Augur_ 2, 1983 Page 4 Moved by Lynch, seconded by Dickson,9kson that ORD. 83-3131, Bk. 21, pp. 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. Moved by Lynch, seconded by Balmer, to adopt RES. 83-240, Bk. 78, pp. APPROVING PROCEEDING 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. 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. 653, REGARDING THE ISSUANCE OF NOT TO EXCEED $900,000 IN AGGREGATE PRINCIPALOF COMMERCIAL DEVELOPMENT REVENUE BONDSOUNT (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. i� MICROFILMED BY +' JORM MICROLAB CEDAR RAPIDS -DES -MOINES Offi 1 Actions of Council Augus. 2, 1983 Page 5 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 AGREE- MENT 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." Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Balmer, seconded by Lynch, to adopt RES. 83-243, Bk. 78, pp. 661-667, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH VIVA INVESTMENTS. Tom Cilek, attorney for Viva Investments, appeared. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Erdahl, seconded by McDonald, to adopt RES. 83-244, Bk. 78, pp. 668-673, A RESOLUTION FIXING A DATE FOR HEARING ON AUGUST 30, 1983, ON PROPOSED COMMERCIAL DEVELOPMENT REVENUE BONDS (VIVA INVESTMENTS PROJECT). Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Balmer, seconded by Lynch, to adopt RES. 83-245, Bk. 78, pp. 674-686, A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $650,000 IN AGGREGATE PRINCIPAL AMOUNT OF COMMERCIAL DEVELOPMENT REVENUE C; MICROFILMED BY '.JORM MICRO_ LAB 1 CEDAR RAPIDS•DES MOINES- Offi 1 Actions of Council Augus, 2, 1983 Page 6 CITTS OF IOWA CITY',SSOCIES IOWAATDIRECTINGTPUBLICAE TION 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 by Erdahl, seconded by McDonald, to receive the correspondence from Paul and Roberta Johnson re Lyons 2nd Addition Special Paving Assessment. The Mayo r Pro tem declared the motion carried unanimously, 6/0, Neuhauser absent. The Mayor Pro tem announced one vacancy on the Bd. of Electriacal Examiner veand by the public andof Appealsfor a three-year the p 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 notedinformal and discussion re safety problems environmental hazards on development Erdahl, tes. on Moved by Dickson, seconded byappropriate direct the City Attorney and appro p 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 would item 3g.re Airport Overlay Zones, reconsidered, at this time. Airport Commis- sioner Schmeiser reported that a glide slope of 22 to 1 would allow 14 foots rucksyto drive on the highway and add approximately site. feet to the Plumbers Supply Erdahl stated he felt a standard slope should be maintained and suggeste L 2Oh o to Moved by Erdahl, seconded by y accept the airportoverlay ordinance with the amendment that Section 2 of sube amendments under 8.10. eO.4,of he ordinance (1), sub. (cl), on Pa9 be amended to read "5000 feet at a slope Also,e 20 to 1 for runways 20, 17, and t� MICROFILMED P 'JORM MICROLAB I CEDAR RAPIDS -DES MOINES J - Offi 1 Actions of Council Augus- 2, 1983 Page 7 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 1110,000 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. 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 Gilbert Street 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. (2) 302 S. Gilbert Street: Haupert moved and Wegman seconded that the design plans for 302 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 r; .. MICROFILMED BY `.JORM MICROLAB i f CEDAR RAPIDS•DES M01NES r Offi, 1 Actions of Council Augub_ 2, 1983 Page 8 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, to adopt the following resolutions: RES. 83-246, 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 BILL FUNDS FOR THE EXPANSION AND MODERNIZATION OF FOOD SERVICE TRAINING FACILITIES FOR DISABLED ADULTS; and RES. 83- 249, Bk. 78, pp. 701-702, RESOLUTION OF NECESSITY TO AUTHORIZE THE CITY OF IOWA 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 Mayor Pro tem declared the resolution adopted. Moved by Erdahl, seconded by Balmer, to adopt RES. 83-251, Bk. 78, pp. 708-712, RESOLUTION AUTHORIZING RENEWAL OF LEASE WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIA- TION, for storage of equipment during winter months. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. MICROFILMED BY I 'JORM MICROLAB f CEDAR RAPIDS -DES MOINES Offi 'I] Actions of Council Auga. 2, 1983 Page 9 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. Moved by Erdahl, seconded by McDonaldto , AUTHORIZING THE CITY OFkIOWA CI9 TY 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 AUTadopHORIZING THE 54CITYk OF8 IOWA CITY72To ELIMINATE THE $3.00 PER MONTH SERVICE CHARGE FROM THE HOUSING REHABILITATION WEATHERIZATION LOAN PROGRAM. Affirmative roll absent callThetMayornPro stem /declaredauthe resolution adopted. Moved by McDonald, seconded by Lynch, to adopt RES. 83-225, Bk. 78, P. 723, r RESOLUTION RECLASSIFYING FULL-TIME POSITIONS IN THE EQUIPMENT DIVISION, ENGINEERING DIVISION AND PLANNING & PROGRAM I 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 CARRY -OUT OF OPEN BEER OR ALCOHOLIC BEVERAGE CONTAINERS FROM OF LICENSED ICESPREMISES AND TO PROHIBIT POSSESSION SAME, te for assage, Affirmative roe llcallrvotest ounanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the motion carried. 6r Y,- �; i MICROFILMED BY '.JORM MICROLAB j I CEDAR RAPIDS -DE HES r I l Off! 9 Actions of Council Augub,. 2, 1983 Page 10 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. 8PROVIDIING FOR3-3132 COMPENSATION FOR THE MAYORIAND 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. Moved by Lynch, seconded by Balmer, to adjourn 10:50 P.M. The Mayor Pro tem declared the motion carried unanimously, 6/09 Neuhauser absent. A more complete description of Council activities is n fil the fice of the City Clerk. �� ELM s/DAVID PARET,CL MAY 10 R , s/MARIAN K. KARR, CITY CLERK � .0 le Vow' Submitted for publication 8/12/83 MICROFILMED BY !.JORM MICROLAB CEDAR RAPIDS•DES-1401HES -. r 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, rLy eAbsent: Staffinemberspresent 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: Approval of Official Council Actions, reg. mtg., 7/19/83, as published, subject to correction, as recommended by the City Clerk. 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' SavClasA-Lot, 1213Permit S. GilbertSunda Court. Approv ngCHarold ass C BeerbPermidba t 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 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 7/30/83, approved. Jane Lewis to picket in front of Emma Goldman Clinic on 7/16, 23 and 30, 1983, approved for 7/16/83. Chamber of 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. j MICROFILMED BY '.JORM MICROLAB CEDAR RAPIDS•DES'MOIIIES COUNCIL ACTIVITIES AUGUST 2, 1983 PAGE 2 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 Y' .. ._. MICROFILMED DY I !_JORM MICROLAB (� CEDAR RAPIDS -DES MOINES r J,_ -WNW l 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 Neuhauser absent. aThend aMayordPro tem declared the ordinanceve roll call vote adopted. 6/0,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 (PIPEYARD 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. e,x• - ii MICROFILMED BY :JORM MICROLAB CEDAR RAPIDS -DES MOINES r u J 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 he would vote favorably on this because it would decrease interest even though he opposed original proposal. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Balmer, seconded by Lynch, to adopt RES. 83-243, Bk. 78, pp. 661-667, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH VIVA INVESTMENTS. Tom Cilek, attorney for Viva Investments, appeared. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The Mayor Pro tem declared the resolution adopted. Moved by Erdahl, seconded by McDonald, to adopt RES. 83-244, Bk. 78, pp. 668-673, A' RESOLUTION FIXING A DATE FOR HEARING ON AUGUST 30, 1983, ON 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. Moved by Balmer, seconded by Lynch, to adopt RES. 83-245, Bk. 78, pp. 674-686, A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $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 i I CEDAR RAPIDS•DES MOINES r kJ 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 Maecriannounced item pre Airport rlh would beronsderedat this te.Airport CommissionerScmeiser 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. of the ordinance be amended to read " (c), sub. (1), sub. (cl), on page 4 runways 20, 17, and 30. 5000 feet at a slope of 20 to 1 for " Also, sentence 2 should be amended to delete the comma after "24" and delete 1130" 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 Council - of the amendment could be membersErdahland Lunch withdrew their motionAand second fter uso�that language Dickson, to amend the ordinance before Moved seconded us oamend am amendments in Sect onb2 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 anethird consideratiio s of othehamendedursda(ordinance.Friday lSi ncet ef Since 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 r MICROFILMED BY LJORM MICROLAB j CEDAR RAPIDS•DES'MO]NES �l r COUNCIL ACTIVITIES AUGUST 2, 1983 PAGE 6 Gilbert Street as presented, subject to the landscaping plans, when review.formulated, to be presented to the Design Review Committee for informal Street: Haupertion t unanimouslyassed moved and Wegman secondedithat bthetdesi2n 302 S. Gilbert South Gilbert Street be approved as presented, subject to thellandscfor 30 apingplans, when formulated, to be presented to the Design Review Committee for informal review. Motion passed unanimously, Summerwill absent. (3) 320 plans E. Washington Street: Lafore moved and Eckholt seconded that the rdesign presented.' The Committeen ted it was 320 E. sannStreet improvement over the existing building and that the materials chosen for the renovation were very appropriate to both the building and its surroundings design works well with the exi. Further, the Committee stated the simple Summerwill absent. sting building. Motion passed unanimously, Moved by Dickson, seconded by Erdahl, to adopt the following EXECUTE�AND THE ECITY CLERS. K TO ATTESBk. 78 T AN AGREEMENT. 687-689AFOR HOME REPAIRS FORUTHORIZING THE MAYORTHTo E 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 PROGRAM CITY CLERK TO ATTEST AN AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT DEVELO MENTD BLO KPENDENT GRANT JOBS GRILL INC.GRANTFORTHE ETHEE MYEP/I 83 EMCOMMUNITY PLOYMENT 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 BILL FUNDS FOR THE EXPANSION AND MODERNIZATION OF FOOD SERVICE TRAINING FACILITIES FOR DISABLED ADULTS; and RES. 83-249, Bk. RESOLUTION OF NECESSITY TO AUTHORIZE THE CITY OF IOWA BCITY, OWA?070 CREATE A MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT AREA. IOWA, To 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 Mayor Pro tem declared the resolution adopted. Moved by Erdahl, conded PP. 08- 12, RE OLUTIONeAUTHORIZINGa lmerRENEWAL OFDLEASE WITH THE Bk. 78 JOHNSON COUNTY AGRICULTURAL ASSOCIATION, for storage of equipment during winter months. Affirmative roll call vote unanimous, 6/0, Neuhauser absent Mayor Pro tem declared the resolution adopted. . 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. Cj MICROFILMED BY I '.JORM MICROLAB f CEDAR RAPIDS -DES MOINES 1r JI r - 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. j 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 j 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 CARRYOUT 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 CARRY -OUT 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. ;i MICROFILMED BY JORM MICROLAB j CEDAR RAPIDS•DES MO RIES r r• I 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, 6/0, Neuhauser absent. MICROFILMED BY IJORM MICROLAB i, CEDAR RAPIDs•OES-RDINES"' r r 1 i I � r• OFFICIAL ACTIONS OF COUNCIL -8/3/83 The cost of publishing the following proceedings & claims is $ Cumulative cost for this calendar year for said publication is $ Iowa City Council, special meeting, August 3, 1983, 8:05 AM, in the City Manager's Conference Room. Mayor Pro tem Perret presiding. Councilmembers present: Perret. Absent: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Staffinembers present: Karr. Tape recorded on Tape 83- 25, Side 1, 1877-1905. The Mayor Pro tem stated a quorum was not present. He summarized discussion of the formal Council mtg., 8/2/83 re the Airport Overlay Zones Ordinance and announced special meetings for Thursday, 8/4/83 and Friday, 8/5/83, at 8:00 AM. No further business was transacted. A more complete description of Council activities is on file in the office of the City Clerk. s/MARIAN K. KARR, Y CLERK CITY Submitted for publication 8/15/83 MICROFILMED BY 'JORM MICRO_ LAB I ,I CEDAR RAPIDS -DES MOINES , r i r - i i COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 3, 1983 Iowa City Council, special meeting, August 3, 1983, 8:05 AM, in the City Counci membre ers present perrence Room. Absent: Balmer, Dickson, rErdahl, Lynch, McDonald, Neuhauser. Staffinembers present: Karr. Tape recorded on Tape 83-25, Side 1, 1877-1905. Th yor o tem discussion aof the rformal Council damtg., 8/2/83 re the Airport Overlaya aZones Ordinance and announced special meetings for Thursday, 8/4/83 and Friday, 8/5/83, at 8:00 AM. No further business was transacted. ATTEST: MARIAN K. KARR, CITY CLERK I MICROFILMED DY !JORM MICROLAB CEDAR RAPIDS -DES MOINES` r I ^` r OFFICIAL ACTIONS OF COUNCIL -8/4/83 The cost of publishing the following proceedings & claims is $ Cumulative cost for this calendar year for said publication is $ Iowa City Council, special meeting, August 4, 1983, 8:45 AM, in the City Manager's Conference Room. City Clerk Karr presiding. Councilmembers present: Balmer, Dickson, Lynch, McDonald. Absent: Erdahl, Neuhauser, Perret. Due to the lack of a quorum, no further business was transacted. A more complete description of Council activities is on file in the office of the City Clerk. h 6/MARIJ�N K P , CITY CLERK Submi to for publication 8/16/83 r. .5( ( MICROFILMED BY +' ,JORM .,MICROLAB CEDAR RAPIDS -DES 1401NES" ( I i , j r 1 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 4, 1983 Iowa City Council, special meeting, August 4, 1983, 8:45 AM, in the City Manager's Conference Room. City Clerk Karr presiding. Councilmembers present: Balmer, Dickson, Lynch, McDonald. Absent: Erdahl, Neuhauser, Perret. Staffinembers present: Helling, Jansen, Karr. Tape recorded on Tape 83-25, Side 1, 1905-1915. Due to the lack of a quorum, no further business was transacted. ATTEST: MARIAN K. KARR, CITY CLERK i. MICROFILMED BY fJORM MICROLAB' ' j CEDAR RAPiDS•DES'N0INB -: .. J ,M •.. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 16, 1983 Iowa City Council, reg. mtg., 8/16/83, at 7:30 P.M. at the Civic Center. Mayor Neuhauser presiding. Councilmembers present: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Absent: none. Staffinembers present: Berlin, Helling, Jansen, Boothroy, Farmer, Karr. Council minutes tape recorded on Tape 83-23, Side 1, 290 -END, and Side 2, 1 -END. The Mayor announced the following amendments to the Consent Calendar: deletion of the August 5, spec. Council meeting minutes and the addition of 3 pieces of correspondence from Diane Peptone, James Fold and Kathryn Hanelly-Folk, and from Mabel Krofta. Moved by Lynch, seconded by Dickson, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions, reg. mtg., 8/2/83, and spec. mtgs. of 8/1/83, 8/3/83 and 8/4/83, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Library Bd.-7/28/83; Airport Comm. -7/28/83; Parks and Recreation Comm. -7/13/83; Planning and Zoning Comm. -5/26/83, 6/2/83, 6/9/83, 6/16/83 and 6/20/83; Bd. of Adjustment -6/8/83; Senior Ctr. Comm. -6/16/83; Correction to Senior Ctr. Comm. minutes of 5/19/83. F Permit Motions and Resolutions as recommended by the City 1 Clerk: Approving Class C Beer Permit and Sunday Sales for Dennis Arps and Rene Schilling Arps dba Stop Gap, 105. E. Burlington. Approving Class C Beer Permit for Rosalie Vitosh dba Russ' Super Standard, 305 N. Gilbert. Approving Class C Beer Permit for Needs, Inc. dba Needs, 18 S. Clinton. Approving Class C Beer Permit and Sunday Sales for Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1, 501 Hollywood Blvd. Approving Class B Beer Permit and Sunday Sales for St. Mary's Roman Catholic Church dba St. Mary's Roman Catholic Church, 2150 Rochester Avenue. Approving Special Class C Beer -Wine j License and Sunday Sales for Fraser Ltd. dba Superspud Food Shoppe, 201 S. Clinton. Approving Class C Liquor License and Sunday Sales for Mama's Ltd. dba Mama's Bar, 5 South Dubuque. Approving Class C Liquor License and Sunday Sales for Plamor Bowling Inc. dba Plamor Bowling Inc., 1555 First Avenue. Approving Class C Liquor License for James R. Wallace dba George's Buffet, Inc., 312 Market. Approving Class C Liquor License and Sunday Sales for Cardan, Inc. dba Joe's Place, 115 Iowa Avenue. Approving Class C Liquor License i for James A. Mondanaro dba Micky's 11 S. Dubuque. Approving Class C Liquor License and Sunday Sales for Loyal Order of Moose Lodge #1096 dba Loyal Order of Moose Lodge #1096, 2910 Muscatine Avenue. RES. 83-255a, Bk. 78, p. 723a, ISSUING DANCING PERMIT. RES. 83-256, Bk. 79, p. 724, ISSUING CIGARETTE PERMITS. RES. 83-257, Bk. 79, p.725, 1 SETTING PUBLIC HEARING ON AUGUST 30, 1983, ON PLANS, SPECIFICATIONS, rr C MICROFILMED BY I '.JORM MICROLAB jf CEDAR RAN DS -DES MOINES f _.. _..- . ___.... ___ __ I1 I COUNCIL ACTIVIITES AUGUST 16, 1983 PAGE 2 FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROCKY SHORE BIKEWAY PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS, ETC. ON FILE FOR PUBLIC INSPECTION. RES. 83-258, Bk. 79, p. 726, SETTING PUBLIC HEARING ON AUGUST 30, 1983, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE NEIGHBORHOOD STRATEGY AREA -CURB RAMP AND SIDEWALK REPAIR PROGRAM (NORTHSIDE), DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID SPECIFICATIONS, ETC. ON FILE FOR PUBLIC INSPECTION. RES. 83-259, Bk. 79, p. 727, SETTING PUBLIC HEARING ON AUGUST 30, 1983, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE TRANSIT MAINTENANCE FACILITY PARKING IMPROVEMENTS, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID SPECIFICATIONS, ETC. ON FILE FOR PUBLIC INSPECTION. RES. 83-260, Bk. 79, pp. 728- 729, SETTING A PUBLIC HEARING FOR AUGUST 30, 1983, ON THE MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT PLAN, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF PLANNING & PROGRAM DEVELOPMENT TO PLACE A COPY OF SAID PLAN ON FILE FOR PUBLIC INSPECTION. Motion authorizing the City Engineer to sign an application to perform work within state highway right-of-way to Mike Gatens for Dubuque Road and Highway #1, North. RES. 83-261, Bk. 79, p. 730, AUTHORIZING THE POLICE CHIEF TO ENTER INTO AN AGREEMENT WITH THE IOWA DEPARTMENT OF PUBLIC SAFETY FOR MOTOR VEHICLES TO BE USED BY THE IOWA CTIY POLICE DEPARTMENT. Correspondence. McDonald's Corporation regarding a downtown site for a restaurant. The City Manager will reply after the Council has an opportunity to discuss this request. David L. Brownfield protesting the $50 deposit for water service. This letter has been referred to the Finance Director for reply. Loretta M. Kantor and Kathryn L. Keeley regarding exemption from payment for water, sewer and refuse pickup. This letter has been referred to the Finance Director for reply. Steve Wilson commending the City Council for its efforts in behalf of the airport. No reply is necessary. Diane Pepetone of Willow Creek Neighborhood Center requesting emergency funding. This letter has been referred to the Human Services Coordinator for recommendation. President of the Board of Directors of Willow Creek Neighborhood Center supporting the request for emergency funding. The City Manager will reply after the Council has received the Human Services Coordinator's recommendation and has made a decision regarding this request. Memorandum from the Human Rights Commission regarding pending Council discussion on the proposed revisions to the Human Rights Ordinance. Memoranda from the Civil Service Commission submitting certified lists of applicants for the following positions: Recreation Superintendent/Recreation Division; Production Assistant/BTN; Maintenance Worker I/Landfill; Mass Transit Operation/Transit Department. Mercy Hospital Guild PrMICRDF11 MWD V '.JORM MICROLAB CEDAR RA PIDS•DES 1401NES 1r 4 J. COUNCIL ACTIVIITES AUGUST 16, 1983 PAGE 3 Volunteer Desk Staff regarding parking problems and Central Junior High property. This letter has been referred to the City Manager for reply. Haywood Belle of Amerex Corporation requesting that a new street be opened and named "Andover Drive." This letter will be referred to the Planning and Zoning Commission for recommendation. Jim Harris on behalf of Friends of Old Brick and Old Brick Associates regarding Iowa Community Development Loan Program and requesting that the City apply for a $70,000 loan on behalf of Old Brick, Inc. The City Manager will reply after the Council discusses this matter. Ex. Dir. of Willow Creek, Diane Pepetone, re requested amount of emergency funds, referred to Human Services Coordinator for recommendation. James Folk and Kathryn Hanelly-Folk opposing proposal from McDonald Corp. to build downtown (Blackhawk). Copy of ltr. from Mabel Krofta to IDOT re increasing speed limit on Governor Street. Applications for Use of Streets and Public Grounds. Jeffrey Denburg for the use of Blackhawk Minipark on August 13 and 20 to solicit signatures for the fair rent ordinance, approved. Knights of Columbus to have a Tootsie Roll Drive on August 20 and 21 to benefit handicapped citizens, approved. Proctor & Gamble Manufacturing Company to have a three-mile run on August 6, 1983, approved. Donald Lund to have a Diabetes Bike Ride on September 25, 1983, approved pending receipt of certificate of insurance. Mary Buss to have a Jog for Jobs on October 3, 1983, approved. Paula Kloska, March of Dimes Foundation, to solicit funds from football traffic by means of roadblocks on September 24, 1983, denied, letter attached. 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 McDonald, seconded by Dickson, to set a public hearing for 8/30/83 on the proposed disposition of vacated portions of Sunset Street and the frontage road between Highway 1 and Bryn Mawr Heights, Part 13. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by McDonald, to set a public hearing for 9/13/83 on a proposed amendment to the zoning ordinance which would provide for zero lot line structures. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by McDonald, seconded by Perret, to set a public hearing for 9/13/83 on the proposed rezoning of 1.6 acres in the southwest quadrant of the intersection of Gilbert and Prentiss streets from C2 to R3A. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Dickson, to set a public hearing for 9/13/83 on the proposed rezoning of certain property located at 522 South s IMICROFILMED BY :JORM MICROLAB y I CEDAR RAPIDS -DES MOINES r COUNCIL ACTIVIITES AUGUST 16, 1983 PAGE 4 Dubuque Street from C2 to R3B. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Dickson, seconded by McDonald, to set a public hearing for 9/13/83 on the proposed rezoning of the entire Highway Commercial (CH) zoning district located north of intersection of First Avenue and Muscatine Avenue. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Dickson, seconded by Lynch, to set a public hearing for 9/13/83 on a proposed amendment to the sign provisions of the zoning ordinance to permit the same signage in the RNC -20 zone as is permitted in other multi -family zones. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on the proposed rezoning of certain property located at 521 Kirkwood Avenue from M1 to R2. The following people appeared for the rezoning: John Bennett, 909 Webster; Harold Stager, 1221 Kirkwood Avenue; Eileen Doerring, 1016 Diana St.; and David Whiting, 922 Walnut Street. Atty. Al Leff, representing the owners, and k Larry Schnittjer, MMS Consultants, appeared against the rezoning. After discussion Council directed staff to prepare an economic analysis of maximum PAD development under R2 zoning. Copies of the report will be sent to neighbors and owners and both will be notified if this item is delayed longer than two weeks. A public hearing was held on the proposed rezoning of Lots 22-24 and 64-71 of Westgate Addition located on Keswick Drive and Westgate Circle. Council noted the Planning and Zoning recommendation excluded Lot 24. Valda Gebhart, 8 Westgate Circle, appeared encouraging rezoning and presented a petition. Moved by Perret, seconded by Dickson, to receive I and place on file the petition. The Mayor declared the motion carried ! unanimously, 7/0, all Councilmembers present. A public hearing was held on a proposed amendment to Section 8.10.28D regarding the powers of the Board of Adjustment. No one appeared. Moved by Balmer, seconded by Lynch, that the ORDINANCE VACATING ! CERTAIN ALLEY RIGHT-OF-WAY ABUTTING THE EAST PROPERTY LINE OF 522 SOUTH ! DUBUQUE STREET, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Perret, that ORD. 83-3134, Bk. 21, pp. 111-112, VACATING CERTAIN ALLEY RIGHT-OF-WAY RUNNING SOUTH FROM HIGHWAY 6 BETWEEN VALLEY AVENUE AND LINCOLN AVENUE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Perret, seconded by Erdahl, to defer until 8/30/83 consider- ation of a resolution approving the preliminary subdivision plat of Dean MICROFILMED BY t? ':JORM MICROLAB ! CEDAR RAPIDS•DES-MOINES r 1 COUNCIL ACTIVIITES AUGUST 16, 1983 PAGE 5 Oakes' Third Addition. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Dickson, to adopt RES. 83-262, Bk. 79, PP. 731-732, APPROVING THE PRELIMINARY AND FINAL SUBDIVISION PLAT OF HARDING'S FIRST ADDITION, A RURAL SUBDIVISION. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Dickson, to adopt RES. 83-263, Bk. 79, pp. 733-737, APPROVING THE FINAL SUBDIVISION PLAT OF FIRST AND ROCHESTER ADDITION, PART 1, LOCATED NORTH AND EAST OF THE INTERSECTION OF ROCHESTER AVENUE AND FIRST AVENUE. 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. 83-264, Bk. 79, pp, 738-739, APPROVING THE FINAL SUBDIVISION PLAT OF PART 10, MACBRIDE ADDITION TO IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Perret, that a recommendation of the Iowa City Planning and Zoning Commission that the City Council recommend approval of the preliminary plat of Woodland Valley Estates, located northwest of the Iowa River and east of Stewart Road to the City of Coralville be sent. After discussion the motion was amended to include the following staff remarks with the Planning and Zoning recommendation: "A revised preliminary plat was submitted to staff on Tuesday, August 2, 1983, by the consultants working for the owners of WoodlandValas Estates. The concern of a single steep access for 28 parcels of land has been further addressed by the applicant through the addition of an upgraded and expanded culvert drainage system over which Oak Park Lane (a single means egress) will pass and provision of a 40 feet access easement between Lots 3 and 4 extending along Lot 30. The secondary means of access should conform to the same standards applied to other streets within the subdivision, which would be a 50 foot access easement." The Mayor declared the motion as amended carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Perret, to send, under the Mayor's signature, the recommendation of the Planning and Zoning Commission regarding the rezoning of .73 acres in the county south of the Iowa City Airport and north of the Johnson County Fairgrounds from RS to C1. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on the issuance of commercial development revenue bonds, Series 1983 (Iowa State Bank & Trust Company Project) in the aggregate principal amount of $2,500,000. No one appeared. Moved by Balmer, seconded by Lynch, to adopt RES. 83-265, Bk. 79, pp. 740-746, AUTHORIZING THE ISSUANCE AND SALE OF COMMERCIAL DEVELOPMENT Ci j MICROFILMED BY ,VW '.JORM MICROLAB i 1 CEDAR RAPIDS -DES MOINES COUNCIL ACTIVIITES AUGUST 16, 1983 PAGE 6 REVENUE BONDS (IOWA STATE BANK & TRUST COMPANY PROJECT) OF THE CITY OF IOWA CITY, IOWA, IN THE AGGREGATE PRINCIPIAL AMOUNT OF $2,500,000 TO FINANCE THE COSTS OF ACQUISITION BY CONSTRUCTION OR PURCHASE OF LAND, BUILDINGS, EQUIPMENT AND IMPROVEMENTS SUITABLE FOR USE AS A BANK FOR IOWA STATE BANK & TRUST COMPANY, IOWA CITY, IOWA; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH IOWA STATE PROVIDING FOR THE REPAYMENT OF THE BANK & TRUST COMPANY, IOWA CITY, IOWA, LOAN OF THE PROCEEDS OF SUCH BONDS, AND RELATED MATTERS. Atty. Robert Downer, appeared and distributed copies of the proposed design. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor announced that a resolution has been added to the agenda re the 1983 Paving Improvements. Moved by Lynch, seconded by Dickson, to adopt RES. 83-266, Bk. 79, pp. 747-750, 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 THE SAME, AND FOR A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS FOR THE 1983 PAVING IMPROVEMENTS (LYON'S 2ND ADDITION). City Clerk Karr reported that this resolution previously passed on August 1, 1983, needed to be re -done to correct a problem with the publication notice. Adoption of this resolution sets j public hearing for 7:30 P.M. on August 22, 1983, and establishes the date ' of receiving bids as September 7, 1983, at 10:00 A.M. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by McDonald, to defer until August 22, 1983, public hearing on plans, specifications, form of contract and cost estimate for the construction of the 1983 Paving Improvements (Lyon's 2nd Addition) and defer consideration of a resolution adopting plans, specifications, form of contract and cost estimate for the construction of the 1983 Paving Improvements (Lyon's 2nd Addition) and authorizing bids to be received September 7, 1983, at 10:00 A.M. The Mayor declared the ' motion carried unanimously, 7/0, all Councilmembers present. The Mayor announced the following vacancy on the Housing Commission for an unexpired term ending May 1, 1984. This appointment will be made at the September 27th meeting of the City Council. Moved by Balmer, seconded by Dickson, to appoint Debbie Briggs, 2104 Palmer Circle, to the United Action for Youth Board for a one-year term ending 6/30/84. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Dickson, seconded by Perret, to appoint Steven L. Nelson, 1849 Hollywood Ct., to the Riverfront Comm. for an unexpired term of three months plus a full three-year term ending 12/1/86. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Dickson, seconded by Perret, to appoint Sally A. Smith, 208 Fairchild, to the Committee on Community Needs for an unexpired term ,i MICROFILMED BY I \'' '.JORM MICROLAB II CEDAR RAPIDS -DES -MOINES COUNCIL ACTIVIITES AUGUST 16, 1983 PAGE 7 Room 'I ending 7/1/84. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmember Lynch requested an update on the hotel. City Manager Berlin reported that the developer had met with bond counsel and adopted a schedule for the bond issue; contracts had been executed with a management firm; in process of executing contract with a contractor; and that preliminary plans were presently being costed out. Representatives of the owner, management firm, contractor, and polling firm will be in Iowa City the last week in August. The City Manager also updated Council on Wastewater Committee work. The Mayor reported on her joint presentation, with the City of Ames, to the Water, Air, and Waste Management Commission. She also requested that the Historic Preservation minutes use last names of Commission members. Councilmember Perret reported on his League of Cities Steering Committee re Environment, Energy, and Natural Resources. Councilmember Erdahl recognized Mayor Pro tem Perret for the excellent job done in the Mayor's absence. Council noted the recommendation from the Senior Center Commission as follows: J. Williams moved that the Commission accept the recommenda- tion that the SEATS office move upstairs to the second floor and the ceramics equipment be moved into the office formerly occupied by the SEATS program. However, a meeting is to be held with the Service Providers who use Senior Center space on a regular basis. All Service Providers have certain general responsibilities towards all elderly. If these responsibilities are not clear then contract changes will be recommended to the City Council. Councilmembers requested that the matter be scheduled for informal session, with members of the Commission present. Moved by Balmer, seconded by Lynch, to adopt RES. 83-267, Bk. 79, p. y 751, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACT FOR THE LINN STREET IMPROVEMENTS PROJECT TO METRO {{ PAVERS, INC. OF IOWA CITY, IOWA. City Engr. Farmer present for I discussion. 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. 83-268, Bk. 79, p. 752, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT TO MEET COMMUNITY DISASTER AND EMERGENCY NEEDS IN THE IOWA CITY AREA WITH THE JOHNSON COUNTY j CHAPTER OF THE AMERICAN RED CROSS. Affirmative roll call vote unanimous, ! 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Perret, to adopt RES. 83-269, Bk. 79, p. 753, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, THE FY84 AGREEMENT FOR ADVANCE FUNDING OF FEDERAL TRANSIT ASSISTANCE USING STATE USE TAXES. 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. 83-270, Bk. 79, pp. 754-780, AUTHORIZING THE CITY OF IOWA CITY TO IMPLEMENT AN EXTERIOR k. MICROFILMED BY tNfi' '.JORM MICROLAB CEDAR RAPIDS•DES MOINES COUNCIL ACTIVIITES AUGUST 16, 1983 PAGE 8 PAINTING PROGRAM. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Councilmembers discussed the agreement with Iowa City School District re Central Junior High, with respect to public purpose and provisions of square feet and period of time. After discussion, moved by Lynch, seconded by Perret, to adopt RES. 83-271, Bk. 79, pp. 781-782, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT REGARDING THE CENTRAL JUNIOR HIGH PROPERTY WITH THE IOWA CITY COMMUNITY SCHOOL DISTRICT FOR THE PURPOSE OF RESOLVING A DISPUTE REGARDING RESPECTIVE LEGAL RIGHTS TO THE PROPERTY LOCATED IN IOWA CITY, JOHNSON COUNTY, IOWA, and to amend the agreement, page 3, item 5, PUBLIC PURPOSE DEFINED, to read "The public purpose requirement will be met if a ees to buyer agrprovide one (1) off- street parking place for every 400 square feet of the property purchased for a minimum of three years and three months after the date of possession..." Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Dickson, to adopt RES. 83-272, Bk. 79, p. 783, RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A QUIT CLAIM DEED PURSUANT TO THE SETTLEMENT AND WRITTEN AGREEMENT REGARDING THE CENTRAL JR. HIGH PROPERTY. Affirmative roll call unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Dickson, 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 first and second consideration and vote be waived and that ORD. 83-3135, Bk. 21, pp. 113-114, AMENDING CITY CODE OF ORDINANCES SECTION 21-20(a) TO EXPRESSLY EMPOWER THE LIBRARY BOARD TO AUTHORIZE CITY COUNCIL TO NEGOTIATE LIBRARY USE CONTRACTS, 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 ordinance adopted. Moved by McDonald, seconded by Erdahl, to adopt RES. 83-273, Bk. 79, pp. 784-785, AUTHORIZING THE MAYOR TO SIGN A JOINT AGREEMENT WITH THE LIBRARY BOARD REGARDING NEGOTIATION OF LIBRARY SERVICES CONTRACTS WITH THE JOHNSON COUNTY BOARD OF SUPERVISORS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, 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 first and second consideration and vote be waived and that ORD. 83-3136, Bk. 21, pp. 115-116, TO CORRECT PRIOR ERRONEOUS ORDINANCE VACATING ALLEY RIGHT-OF-WAY PLATTED IN LYMAN COOK'S SUBDIVISION OF OUTLOT 25, ORIGINAL TOWN, be voted upon for final passage at this time. J:r j MICROFILMED 8Y ti?fi :.JORM MICROLAB r CEDAR RAPIDS•OES-MOIIIES r .. _ - _.----- -- l r I COUNCIL ACTIVIITES AUGUST 16, 1983 PAGE 9 Affirmative roll call vote unanimous, 7/0, all Councilmmbers present. The Mayor declared the motion carried. Moved by Balmer, seconded by McDonald, 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 Perret, seconded by Dickson, that ORD. 83-3137, Bk. 21, pp. 117-118, AMENDING SECTION 23-74 AND REPEALING ARTICLE IV, DIVISION 2 OF CHAPTER 23 OF THE CITY CODE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. f Moved by Balmer, seconded by McDonald, to adjourn 10:15 P.M. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers j present. l MA Y C. rytlUFiAUSER, MAYOR MA IAN K. KARR, CITY CLERK I MICROFILMED DV �JORM MICROLAB CEDAR RAPIDS•DES-MOINES��- -- -- - --- : i -J I I MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING THURSDAY, JULY 28, 1983 4:00 PM MEETING ROOM A - LIBRARY MEMBERS PRESENT: Bovbjerg, Cavitt, Drum, Grimes, Gritsch, Lyman (arrived 4:20), Pegnetter, Willis, Zastrow FORMER MEMBERS PRESENT: Bartley, Wallace STAFF PRESENT: Eggers, Tiffany, Jehle, Craig, Spaziani OTHERS PRESENT: Bagford, Gelman, Board members of FRIENDS of Iowa City Public Library; Dierks, Koza, members -of Library Foundation Board; Pat Forsythe, Foundation Coordinator; Gladys Benz President Cavitt called the meeting to order at 4:02 p.m. in Meeting Room A of the Iowa City Public Library. Minutes of the regular Board meeting of June 23, 1983, were approved. Gritsch,/Grimes. Disbursements for July 1 and July 15 were approved. Grimes/Bovbjerg. President Cavitt asked the Board's concurrence to her recommendation that no Board committees be appointed until a need for a specific committee is identified. Long agendas or the need to develop more specific proposals will be two criteria she will use to determine the need for subcommittees. The President announced that she will appoint four trustees to serve on the Foundation Board of Directors next month. Anyone interested in serving is urged to let her know. Zastrow reminded members that the Iowa Library Association's annual conference will be in Waterloo on October 5-7. He urged Board members to consider attending. He also announced that the model library board trustee training conference developed by the American Library Trustee Association (ALTA) will be held in Iowa next spring, probably in late March. The FY1983 Library Board annual report was approved. The general content was discussed at the June meeting. As chair of the Planning Committee, Cavitt lead the presentation by the Committee of its final report to the Board. She first reminded the Board that her memo included with her report urged them to take some action on the report at this meeting because of the need to use the recommended goals and priorities for planning the FY85 budget. Cavitt, committee member M.L. Huit and Eggers presented and reviewed various portions of the report. Cavitt reviewed the mission statement, the priority functions, operating principles and the four proposed goals. There were no comments. j ( MICROFILMED BY MICRO_ LAB I CEDAR RAPIDS -DES MOINES r 11 /661 _. Library Board July 28, 1983 Page 2 Huit, community member of the planning committee, presented a memo from committee members that outlined their concerns on how the report should be used and suggested some administrative or Board goals on topics which were outside the scope of the Board's charge to the committee. The committee felt attention to these issues was important for the long-term well-being of the library. There was no discussion of these recommendations. Eggers gave further information on the content, scope, impact and current or additional cost of each of the 23 basic objectives. Board members discussed how binding the acceptance of these priorities should be. After some discussion of spending the next year in further analysis of the report, it was decided instead to treat it as a working tool and a guide for future decisions. Zastrow urged the Board to consider the importance of priority 20, providing public access microcomputers and software, and to find a way to move it to a higher priority. Zastrow felt it was essential to the future of the library, to serve the next generation of library users. It is important enough, he thought, that some of the burden for funding this expansion should be shifted to the City Council. A Board committee to seek ways to implement this priority was strongly suggested. Bovgjerg made suggestions on how to shorten the report for public consumption. She felt most of the appendices should be eliminated but that the position statements of each subcommittee would be especially interesting to the public. There was no other discussion of the specific content of the report nor of how the report would be distributed. Gritsch moved that the report be accepted. Seconded by Zastrow. Approved. The meeting recessed at 6:15 p.m. and reconvened for dinner at the University Club. Meeting adjourned at 9:30 p.m. J n Jehle I Lolly ggers, R ori /6%4 i S j MICROFILMED BY t�fi' IJORM MICROLAB i 1 CEDAR RAPIDS -DES MOIIIES J Informal Council Discussion August 15, 1983 Informal Council Discussion: August 15, 1983, at 7:30 p.m., in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. Councilmembers Present: Balmer, Dickson, Erdahl, Neuhauser, Perret, McDonald. Absent: Lynch. Staffinembers Present: Berlin, Helling, Jansen, Karr, Boothroy, Vitosh, Heaton, McGonagle, Hauer. Others Present: Jim Harris, Sandy Eskin, Norm Bailey. Tape-recorded: Reel 83-22, Side 2, #358 -End and Reel 83-27, Side 1, M1 through End. EXECUTIVE SESSION: Moved by Perret, seconded by McDonald, to adjourn to executive session under Section 28A.5b, to discuss strategy with Council in matters that are presently in litigation or where litigation is eminent where disclosure would be likely to prejudice or disadvantage the position of the government body in that litigation. Affirmative roll call vote unanimous, 6/0, Lynch absent. Council returned to open session. PLANNING & ZONING: Sunset Street and Frontage Road Vacation. Boothroy explained that this concerned small strips of right-of-way. Zero Lot Line Amendment. Boothroy said that the Council will receive Planning & Zoning Commission minutes before the public hearing. Rezoning at Intersection of Gilbert and Prentiss; C2 tc R3A. Boothroy said that this rezoning to R3A is a result of the amended request from the applicant. Rezoning 522 South Dubuque Street, C2 to R3B. Boothroy said that some Planet ng & Zoning CommissYoners felt the property should be developed for mixed commercial and residential. Rezoning of First Avenue and Muscatine Area CH to C2. Two letters from area property owners have been received protest ng the rezoning but that probably does not equal 20 percent of the residents. Boothroy said that there are currently no highway commercial uses in that area. This was initiated by an area property owner who got the support of other property owners. Sign Provisions. No discussion. Rezonin of 521 Kirkwood M2 to R2. Boothroy reviewed the request by the property owner to R3 and by the ne ghbors to R2. R3 is a better transition zone but that request was withdrawn and only the R2 request remains as an option to the current M1. MICROFILMED BY 1,.JORM MICROLAB i 1 CEDAR RAPIDS•DES MOIRES ' r I M I 2 Rezoning of Lots 22-24 Westgate Addition for this proposal. Board of Adjustment Powers. No discussion. No protest has been received explained that the alley is technically independentufromethe rezoningrin item D. The alley is not usable from the City's point of view. Vacation of Alle Ri ht-of-Wa Between Valle and Lincoln Avenues. No discussion. Dean Oakes Third Addition. This matter was deferred. Harding's First Addition. Boothroy explained that this is a four lot rural subdivision Rochester. The developer is providing for stormwater management. There are no internal lots in the development. Additional right-of-way is being dedicated to anticipate future develop- ment. First Avenue and Rochester. Boothroy, said that development is in two parts because of the size of the development. He showed details on the map. Bluffwood Circle will be public while Bluffwood Lane is private. A representative of the construction company said road damage in the area was from heavy truck traffic and improvements have already started. ......MacBrideon. There is one minor difference in this plot from the Street. Alrevious lelots ooare platt d andsaid hpark andat the pispiine uded,erty is accessed to Benton Woodlawn and Valle Estates. Boothroy said that this area is under the interjurisdicational agreement between Iowa City and Coralville. Planning & Zoning was concerned about access. Boothroy showed details on a map. This is a recommendation only that would be forwarded to Coralville for consideration. Perret expressed concern about the steep topography. A member of the construction firm explained that the access in question would not be a private access. Perret suggested adding the word "steep" between single and access to demonstrate the Council's concern. Countv Rezoning South of the Airport, This would be a recommendation to the Johnson County Board of Supervisors that the rezoning request to commercial be denied. Erdahl recommended forwarding Planning & Zoning Committee's report to the Board of Directors. Blackhawk Mini -Park Sale to McDonald's. The Mayor said that several sale of Blackhawk Mini stems w not be ni! ussed at tght's informal meeting including the -Park on to McDonald's. Perret said that he would like to go on record as being opposed to the sale. Neuhauser said that the matter should not be discussed until it is on the agenda. Old Brick. Jim Harris explained that there was insufficient time to meet deadl nes for the first round of grants and the second round of grants will be targeted. Perret expressed his support for the City involvement. Berlin said staff will prepare a response for the Council. ' LMICROFILMED BY ;4 :JORM MICRO_ LAB j 1 CEDAR RAPT DS -DES MOINES r ly h I I Central Junior High. A citizen questioned whether parking is a suitable public purpose. Jansen said that two years is just the minimal period that the property must serve the public purpose but it would probably last much longer. Neuhauser said that the City would have no power after the two year period except through zoning. Any new use would have to conform to the zoning. Erdahl said that the two year period seems too short but he is pleased overall with the agreement. The public purpose position is not limited to parking. Neuhauser said that the School Board must either accept the highest bid or reject all bids for the property. Jansen said that any use except clear space would require off-street parking. Neuhauser said that merely providing minimum legal parking spaces for apartments would not necessarily fulfill the public purpose. The whole block would yield in excess of 300 parking spaces while the one space for every 2,000 square feet would yield about 50 spaces. Jansen noted that the parking must be in addition to that required by Iowa City ordinances to qualify as a public purpose. A citizen said that because of the tight housing situation in Iowa City, an apartment complex could be in the public purpose. Jim Harris said that 51 parking spaces would use about 15,000 square feet. Erdahl stressed that because of the potential difference between the $50,000 and ten percent of the sale price, the Council must be sure that public purpose provision is satifactorily fulfilled. Neuhauser said that another potential public use is difficult to realistically name. Jansen reminded the Council that the entire agreement is a compromise. Neuhauser requested staff report on the issue of square footage requirements at tomorrow night's formal meeting. Rent Control Petition. Jansen said that the first round of petitions found many insufficient signatures for various reasons. The petitioners can file a notice to amend the petition to add signatures to reach the 2,400 required. The supplementary petitions must be filed by August 24. The City Clerk has five days to certify the supplementary petitions. On August 30 the Council can set the public hearing which could be held September 13 and then the vote could be held September 27, permitting it to go to the auditor by the September 29th deadline if it were not adopted. Jansen stated that the public hearing could be lengthy and suggested having the public hearing on a night without a formal Council meeting. Jansen explained that signatures must be verified by comparing them with the August 26th voting list which may not provide sufficient time to verify the signatures before setting the public hearing. The entire supplementary petitions submitted must be verified. Karr and Jansen explained that supplementary petitions must be certified within five calendar days of its submission and could require working on the weekend. Neuhauser said that if extra help is needed for the certification process Karr should get the extra part-time help. Water Billing Procedures. Vitosh explained the three major changes in the water billing procedures. First, the City will not use property tax liens to collect unpaid tenant bills if the owner/manager has fully cooperated with the City in providing information on forwarding addresses for former tenants. Second, the City will not longer transfer unpaid account balances to current active accounts. Third, the City will not require payment of an unpaid tenant's bill on a shut-off account before providing water service for a new tenant. Norm Bailey said that his group supports the changes. Vitosh said bad debts will be minimized through tracking forwarding addresses and considering a collection agency. Vitosh explained the current delinquent billing process and the proposed advanced payment procedure. The current $50 deposit procedure often M� I its MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES r f i I J_ doesn't cover delinquent bills. In the advanced payment system, the consumer would prepay for an estimated three month billing period initially. The advanced payment would be more flexible than a deposit method. Vitosh said it would be ideal to have all customers on the advanced payment schedule but it will have to be phased in over a long period of time. Anyone who is on the service cut-off list more than once in a calendar year would be forced to go on the advanced payment system immediately. Others would go on the system when the property exchanges hands. The computer program won't be ready until January. The deposit system can be converted to the advanced payment system for individual customers. Balmer questioned the proposed provisions to allow the landlord to request the City bill the tenant for interim water bills between tenants when in fact the apartment is occupied. Vitosh explained the disconnection policy on page seven of the ordinance draft. She also explained the revised draft will include copies for all forms to be used. Sidewalk Cafes Neuhauser said that sidewalk cafes separately from other com unique character. McDonald said that he t designated for such uses. Hauer said that provisions for sidewalk cafes. Kevin Gib that initially the restaurant only wishes liquor becomes permissible it would be an a would probably recommend exemption o limitations to restaurants would help c liquor. He added that in conversations w owners, there seemed to be ignorance of th sidewalk cafes on the mall. Berlin suggest a procedure allowing sidewalk cafes and question. Perret suggested drafting ordinance. Jansen said that there are Fi City does have certain powers of regulatio liable for in.iury or damages because the she would like to consider Rercial uses because of their !ought the pedestrian mall was Iowa has no other cities with son, Amelia Earhart Deli said .o serve food and coffee and if ided bonus. Helling said staff liquor. Erdahl suggested irb problems associated with th pedestrian mall restaurant ?ir ability to serve liquor in !d that staff initially develop later deal with the liquor newspaper vending machine •st Amendment problems but the I. Perret asked if the City is Citv has taken notice of the dispensing machines. Berlin suggested referring the issues to the Design Review Committee. Berlin questioned whether dispensing machines should be treated differently from bicycles which are prohibited from being chained to light posts, signs, and benches downtown. Transit Subsidy. Neuhauser said she only approved of the transit subsidy as a service to job seekers but not as a general welfare subsidy. She suggested that Social Services could more appropriately provide transportation funds. Erdahl noted that Social Services had had budget cuts that limit their ability to fund new areas. McGonagle said that Job Service does not want to police use of transit passes. Council agreed that bus tickets will be available only to people who request them at Job Service for a 90 day trial period and funded out of the contingency fund. Advance on Transit Funds. Larry McGonagle said there is a chance that funding could be blocked. Peddlar's Permits. Karr said the basic changes from the current ordinance s deleting from the ordinance transient merchants who are on private property. Door-to-door sellers would still be regulated. Karr reviewed policy in Waterloo and Cedar Rapids. Council agreed to set fees for a peddlar's permit at $30 for 120 day permit with a $15 renewal fee for an additional 120 days. P r. !•: MICROFILMED BY I ..JORM MICROLAB CEDAR RAN DS•DES I46INES � t _ I 5 5 COUNCIL 1• Transit Facility. Berlin explained that staff felt a better price could be obtained by doing paving work separately. Z• Kantor letter. Staff will review this correspondence. Peppertone man Services 3 recommendation. tt Helli gu suggested adding the Coordinator1 tter to�ll the make a Consent Calendar. 4• Annual Meeting of Chairpersons. Balmer will not be able to attend. 5• Speed limit changes. This will be deferred. Sign in cDonald 6 Easy uestioned whWaltz of Speak waspublic servedipapers. City MManager and City Atto ney explained that a sign had been erected before permission was granted. 7• Zero lot line and family. Helling said both were subject to public hearings in the last Planning & Zoning meeting. 8• Margaret Bonney letter re resignation from CCN, noted. 9. Lyon's Addition. Agenda items 6 and 7 will be deferred because of publication problems. APPOINTMENTS: CNN Appointment. Consensus was to appoint Sally Smith. Riverfront Commission AREointment. Council agreed to appoint Steve Nelson. UAY A ointment. Council requested clarification of length of Nina am ton s term before making a decision. Meeting adjourned at 11:05 p.m, I MICROFILMED BY ' `'JORM MICROLAB I CEDAR RAPIDS•DES MOINES�'r 5 " CITY COUNCIL RULES COMMITTEE MEETING August 16, 1983 RULES COMMITTEE: Meeting of August 16, 1983, 7:20 P.M., in the City Managers Conference Room. COMMITTEE MEMBERS PRESENT: Erdahl and Lynch STAFFMEMBERS PRESENT: Karr HISTORIC PRESERVATION BY-LAWS The Rules Committee noted Article IV, CONDUCT OF COMMISSION AFFAIRS, Section 1, re agenda being sent to Commission members, Council, and media three days prior to a regular meeting. They felt it was a good procedure and urged other Boards and Commissions to include such wording in ,future by-law revisions. Members raised concerns re special meetings that would not enable three day notice. Rules Committee members suggested a rewording of Article IV, Section 6, ATTENDANCE AT COUNCIL MEETINGS, last sentence, be amended to read "The Commission Chairperson is the person authorized to receive Council agenda Prior to each Council meeting and -is also the individual to be notified of meetings involving Commission business." The Rules'Cortmittee recommends adoption of the by-laws, with or without the suggested change in Article IV. ` MICROFILMED BY LJORM MICRO_ LAB CEDAR RAPIDS -DES MOINES � ( 1 6,3 I i i i