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HomeMy WebLinkAbout1983-09-27 Council minutesI 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, N358 -End and Reel 83-27, Side 1, N1 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. Rezonin at Intersection of Gilbert and Prentiss C2 to 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 Planning & Zoning Commissioners felt the property should be developed for mixed commercial and residential. Rezonin of First Avenue and Muscatine Area CH to C2. Two letters from area property owners have been received protesting 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. Rezoning of 521 Kirkwood, M2 to R2. Boothroy reviewed the request by the property owner. to R3 and by the neighbors 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 R3 is a better transition zone but that request was withdrawn and only the R2 request remains as an option to the current M1.. � t _.�.� ..._...JdICROFILMED_BY..._.._.._.�. . l JORM MICR+LAB J{! CEDAR RAPIDS • DES MOINES 1. ! I F Rezoning of Lots 22-24 Westgate fothis proposal. Addition. No protest has been received r Board of Adjustment Powers. No discussion. Vacation of Alle Ri ht-of-Wa Abuttin 522 South Dubuque. Boothroy explained that the alley is technically independent from the rezoning in 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. MHardjng s First Addition. Boothroy explained that this is a four lot rural subdivision along 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 repi sresentative Of f from h avy truckhe construction traffic and improvements have already startedthe area was MacBride a Addition• There is one minor difference in this plot from the previous one, Boothroy said that the property is accessed to Benton Street. All lots are platted and parkland is included. Woodlawn and Vall iev Estates. Boothroy said that this area is under the nterJunsdicational _ 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 tems will not be d scussed at tonight's informal meeting including the sale of Blackhawk Mini -Park 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 deadlines 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. { ._ .....141CROFILIIED.BY.. t JORM MICR+LAB S CEDAR R�!DS • DES I42! 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 BillingProcedures. Vitosh explained the three major changes in the water b l ung 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 S ! _...MICROFILMED BY JORM MICR+LAB 1 CEDAR RAPIDS • DES M21LI i i 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 she would like to consider sidewalk cafes separately from other commercial uses because of their unique character. McDonald said that he thought the pedestrian mall was designated for such uses. Hauer said that Iowa has no other cities with provisions for sidewalk cafes. Kevin Gibson, Amelia Earhart Deli said that initially the restaurant only wishes to serve food and coffee and if liquor becomes permissible it would be an added bonus. Helling said staff would probably recommend exemption of liquor. Erdahl suggested limitations to restaurants would help curb problems associated with liquor. He added that in conversations with pedestrian mall restaurant j owners, there seemed to be ignorance of their ability to serve liquor in sidewalk cafes on the mall. Berlin suggested that staff initially develop a procedure allowing sidewalk cafes and later deal with the liquor question. Perret suggested drafting ,a newspaper vending machine j ordinance. Jansen -said that there are First Amendment problems but the City does have certain powers of regulation. Perret asked if the City is liable for injury or damages because the City 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 1 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 is 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. I11EROfILMED BY� .. JORM MICR+LAB II -CEDAR RAPIDS • DE: MOINES I i 5 COUNCIL TIME: 1. Transit Facility. Berlin explained that staff felt a better price could be obtained by doing paving work separately. 2. Kantor letter. Staff will review this correspondence. 3. Peppertone letter. Human Services Coordinator will make a recommendation. Helling suggested adding the letter to the Consent Calendar. 4. Annual Meeting of Chairpersons. Balmer will not be able to attend. 5. Speed limit changes. This will be deferred. 6. Sign in public right-of-way. McDonald questioned why Waltz of Speak Easy was served papers. City Manager and City Attorney 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. i Riverfront Commission Appointment. Council agreed to appoint Steve f Nelson. } UAY Appointmedt. Council requested clarification of length of Nina Hamilton s term before making a decision. Meeting adjourned at 11:05 P.M. I i I. I I i i 5 COUNCIL TIME: 1. Transit Facility. Berlin explained that staff felt a better price could be obtained by doing paving work separately. 2. Kantor letter. Staff will review this correspondence. 3. Peppertone letter. Human Services Coordinator will make a recommendation. Helling suggested adding the letter to the Consent Calendar. 4. Annual Meeting of Chairpersons. Balmer will not be able to attend. 5. Speed limit changes. This will be deferred. 6. Sign in public right-of-way. McDonald questioned why Waltz of Speak Easy was served papers. City Manager and City Attorney 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. i Riverfront Commission Appointment. Council agreed to appoint Steve f Nelson. } UAY Appointmedt. Council requested clarification of length of Nina Hamilton s term before making a decision. Meeting adjourned at 11:05 P.M. I i I. I Tour of Foster Road Area (4:00 P. M. Councilmembers: Neuhauser, Balmer, Dickson, and McDonald. 5taffinembers: Helling, Farmer, Schmadeke, Franklin, Karr. Others: Dean Oakes, Att Neely, Engr. Richard Kratoska. y. Marion Tour of Pi a and Partners Project (6:45 P.M.) Councilmembers: Neuhauser, McDonald, Dickson. Staffinembers: Helling Boothroy, Seydel, Karr. INFORMAL COUNCIL DISCUSSION AUGUST 29, 1983 Informal Council Discussion: August 29, 1983, at 7:35 p.m, in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. Councilmembers Present: Neuhauser, Lynch, Erdahl, McDonald, Dickson, Balmer. Absent: Perret. Staff resent: Franklin. P Berlin, Helling, Jansen, Karr, Boothroy, Tape-recorded• Reel #83-24, Side 1, #1867 -End, Side 2, #1 -End, Reel #83-29 Side 1�g rde APPLICATIONS TO PLANNING & ZONING: said that the Council will be given aLe efullber of reportRoomers Permitted. on Planning & Zoning votethe fore 'of the public hearing. The ordinance will be on file with the City Clerk for public examination in the next couple of days. Court Hill -Scott Boulevard Addition. Franklin explained that this is a change from duplexes to four-plexes. Des Moines Street Riht-of -Wa Vacation. Franklin said that this right-of-way has not been used for some time. The Boyd and Rummelhart Company wishes to acquire this property in the future. Sunset Street and Fronto a Road Di s osition. Franklin said that these are slivers of right-of-way. The properties are not usable by themselves. There has been no appraisal on the properties. Franklin suggested public hearing at tomorrow's Council meeting and September 13 with bids taken at that time or any time between hearings. The properties have easements over the entirety. Hickory B e EstatesThis is a rural subdivision of Johnson County in Area 4 Of the .Fringe Stud future, q y The City does not anticipate annexation in, the near property owner wishes to subdivide the land into three lots. Franklin explained that the countylrequi requiresthe acre around thelh use requirement. eirezoned RS in order that the house may be sold separately. That procedure has been initiated with thecounty. They requirements. will comply with stormwater management fir----. i ..MICRO JORM MICR�)L AB f -CEDAR RAPIDS • DE£ MOINES 3 I INFORMAL COUNCIL DISCUSSION AUGUST-29, 1983 PAGE 2 Board of Ad.iustment Appeal Fee. This resolution would change the fee from $75 to $150. Boothroy noted that this would apply to appeals of issuance of building permits. Oakes Third Addition. Franklin referred extensively to maps of the area. She said that Dean Oakes preferred the Foster Road alignment that comes out in the draw south of the Iowa-Illinois easement. The northerly alignments (a) is the Iowa-Illinois easement which is a straight path across from the west to Bruce . Glasgow's property. Neuhauser noted that this route has a distinct topographical problem which would have to be resolved by the City rather than by the developer. Berlin said he will review the file on discussions that took place on this alignment in 1980 and 1981. Franklin said that more information is needed on the cost of condemnation, cost of negotiation with Illinois, the status of the City's agreements with Glasgow, and the cost and status of agreements with Mr. Van Berkland. Oakes explained how various alignments might effect his development of property. Lynch noted that the proposed street is a collector and not a bypass. Balmer mentioned that Bristol and Kimball Road are currently being used as shortcuts in spite of their narrowness. Prairie du i Chien is also bringing a lot of traffic into town. Staff will prepare a resolution outlining Council's position. A citizen said that he is concerned about septic tank development and how it will affect the area negatively. He also suggested obtaining pedestrian easements. Franklin said that forced main sewers will be privately owned and maintained. Oakes said that septic tanks now used simply don't run out into the open. Neuhauser said that she would like to get a recommendation from the City Manager before making a decision. The citizen said he only wanted easements if they didn't cost anything to establish. City Manager will report at tomorrow's Council meeting. 521 Kirkwood. Franklin said that the economic analysis will be done in time for Che second consideration. Erdahl said he thought it would be better to defer any action until the Council -has' the report. Consensus to. defer. Westgate Addition, Lots 28 64-71. Staff recommended waiver of readings. Westgate Addition, Lots 22-24 64-71. No waivers of readings are recommended. Powers of Board of Adiustment. This ordinance permits issuance of a stop work order to hault construction. 522 South Dubuque Street Alley. There as no discussion. 624 South Gilbert Street. Franklin referred to the letter from Duane Lacina reporting for Ron Moore of Moore Oil Company requesting that Council defer this indefinitely. Council could also get the original request and -allow resubmission. Council agreed to defer action, allow the owner to submit new information, and make a final decision in four weeks. Lyman Cook's Subdivision. There was no discussion. Plaza Street Rezoning. Hayek requested that the Council set a public hearing at tomorrow night s formal meeting on the Plaza Suite rezoning. Jansen will advise the Council about whether a public hearing can be set without 24 hour posted notice. .MICROFILMED BY t JORM MICR+LAE3 ( 1 1 ( .CEDAR RAPIDS • DES MOINES INFORMAL COUNCIL DISCUSSION AUGUST 29, 1983 PAGE 3 Zero Lot Line Ordinance. Boothroy said that the Council will get staff recommendations on zero lot line ordinance before the public hearing. Information will be put into next week's Council packet. Blackhawk Mini -park. The McDonald's restaurant representatives presented their plans for developing a restaurant on the site of the Blackhawk Mini -park and requested that the City consider the sale of the site. The City would develop criteria for evaluating proposals. McDonald's feels that private developers as well as the City can provide open space downtown. McDonald's stated that the City can find better ways to spend $100,000 than on improving the Blackhawk Mini -park. Commercial use of the site would provide jobs and increase the tax base. Money from the sale of the property could be used for other community development programs. Architect William Nowysz noted that much of the Blackhawk Mini -park corner is wasted because it isn't used. A restaurant design could maintain open space at the corner. The McDonald's representatives said maintenance of the area would improve with a commercial owner. Neuhauser said that she felt that the lack of an alley for deliveries is critical to any development. Erdahl said that the Council has had a long-term commitment to the presentation of ideas and assembly on the open space. Balmer said that he feels that the initial $1.2 million development of the pedestrian area downtown is sufficient and Blackhawk Mini -park should be considered for commercial development. Lynch said that he is interested in exploring the idea. He said that if a development can have a positive impact on the downtown, then it should be considered. McDonald also expressed interest in considering the development while Dickson said she is opposed. The Mayor noted Perret had already gone on record as being opposed to development on the site and stated the majority of Council were opposed to the sale of Blackhawk Mini -park. Therefore, it won't be considered at this time. Discussion of improvements of Blackhawk Mini -park must await discussions with Project Green but improvements should be on this year's budget. Cenral Junior High. Neuhauser said that she feels that the swimming pool and parktland are the two important areas of parks and recreation. Funds from the sale of Central Junior High should go to one of them. Since $50,000 wouldn't help the swimming pool, Neuhauser indicated that the money should go into the fund for parkland acquisition. COUNCIL TIME: 1. CDRB bonds for Viva Investments (item 4). A design has been presented to the Design Review Committee and a picture was shown to the Council of the proposed Knights of Columbus building. 2. Pipeyard Property. Clark showed the design for the buildings on the City's former pipeyard property. The first apartment building is partially completed. Dickson noted the apartments weren't just for students. 3. Council Priorities. Neuhauser noted that the sewage treatment plant, the proposed zoning ordinance, and the downtown hotel project all need attention before the end of the year. Lynch suggested that the urban fringe should be added to the list. Council agreed on six goals for the remainder of the year: 5 _ .... MICROFILt9ED. aY. JORM MIC R+LAB CEDAR RKN DS • DF.- MOINES INFORMAL COUNCIL DISCUSSION AUGUST 29, 1983 PAGE 4 1• Wastewater treatment plant, 2• Proposed zoning ordinance, 3. Fringe Committee report, 4• Airport, 5. Hotel, and , 6. Economic Development Corporation. Berlin suggested allowing candidates for the Council in this fall's October.election t listen to the goal -setting process sometime in September or everything else. priorities dont mean that staff should stop, work on 4• Watermain Extension. Balmer questioned the east side water storage proposal and the effect of new developments north of Rochester. Berlin said that staff will keep Council includes one more house. informed. The current extension only 5. First Avenue Bike Lanes. Balmer Painted on the First y.otCounciil agreeded that bike that ane lbikesware not stopping at stopAvenue overlay. Washington. Berin ssaid that bike lanes aarethe still safer for bicyclists. He noted his observations at corner of Madison and Of streets. Lynch suggestedEugene, Oregon, with bike lanes in the middle very cooperative. Council agreed to retain bike lanes. talking to the BIC and noted that they've been 6• Rocky Shore Bikeway.' wires for utilities Berlin will check on the plans for the bikewa will still have to be moved. y Guy 7• Next week's schedule. There will only be a need to be decided. meeting if specific matters 8• TV Tower, The TV tower letter will be referred to the Airport Commission. 9• Outdoor Beer Gardens. Neuhauser wants staff guidelines. 10. Newspaper Vending Machines. Neuhauser said that the Des Moines Register has a vending machine in the middle of the sidewalk attached to a city Shoullight pole. Erdahl said that all vending machines on public d be removed. Berlin noted that signs that dont meet cit S torn down in Texas. Jansen said that a list of newspaperpvend ng machines. on City property or attached to Cit y Code are A letter will go out to newspapers instructing them totremove the mhad been achines.. 11. Clear Zone Ordinance. Berlin said that people are coming in for building permits for uses that are prohibited in a clear zone, therefore complaints may reach Council. Jansen noted that the Airport Commission met last week to ratify. the proposal to bring the Airport into compliance with the FAA. The FAA will not initiate a proposal. 5 �..__ ..... MICROFILM ED.aY.....____.I. Jn RM MICR AB CEDAR R4!DS • DE: MDINES 1 INFORMAL COUNCIL DISCUSSION AUGUST 29, 1983 PAGE 5 12. Peddler's Permits. Readings will be waived so publication can occur September 1 on the peddler's permits. 13. Rent Control Ordinance. Public hearing will be set September 13 at the regular meeting. Berlin will have a recommendation and Jansen a legal f opinion before the public hearing. { •APPOINTMENTS: Committee on Community Needs: May, and Ruth Becker. Meeting adjourned at 9:45 p.m. f Council decided to appoint Mary Parden, Sadie �._. -.. ILMED_BY_.._- I6ROf. Ij .. JORM MICR+LA9 CEDAR RPPIDS • DE= MOINES ; i I, ti Informal Council Discussion September 12, 1983 Informal Council Discussion: September 12, 1983, at 7:30 p.m. in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. Councilmembers Present: Neuhauser, Balmer, Erdahl, McDonald, Dickson. Absent: Perret, Lynch. Staff Present: Berlin, Helling, Jansen, Karr, Schmeiser, Knight, Vitosh, Zehr, Mintle. Tape -Recorded: Reel 83-28, Side 1, 388 -End, Side 2, 1-600. EXECUTIVE SESSION Moved by Dickson, 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 imminent where its disclosure would likely be to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 4/0, Perret, Erdahl, Lynch absent. Council returned to open session. Erdahl present. PLANNING & ZONING APPLICATIONS T 'y n Cae. The Planning & Zoning Commission recommends in favor. Knight said that Willow Creek Park users are parking on Cambridge Court and recommended that half of the street be posted no parking to' help the problem.. Zero Lot Line. The Commission recommends approval. Gilbert and Prentiss Intersection. Knight explained that there has been an amendment application filed requesting R3A rather than CBS for the property which would allow about 60 units. 522 South Dubuque Street. The Commission recommends approval. Area North of Intersection_ of First Avenue and Muscatine. Staff and Commission recommends approval. Two objections have been filed but they do not represent 20 percent of the residents. Gene Kroeger has letters from, those residents indicating they now have no objections. Those letters will be filed with the City Clerk. Signage. The Commission recommends approval. This is a corrective amendment. Vacated Portions of Sunset. One bid was received. Foster Road. The resolution and map have been drawn up for the realign- ment of Foster Road per Council request. i a ___..._MICROFILMED.DY._..__._�.._.� JORM MICR+LAM •CEDAR RAPIDS • DES MOINES ` j K Andover Drive. The Commission and staff recommend approval. Des Moines Street Right -of -Way. The Commission recommends approval. 522 South Dubuque Alley Vacation. The Commission recommends approval subject to retention of an easement. Westgate Addition. The Planning & Zoning Commission specifically excluded Lot 24 because it has a duplex on it. 521 Kirkwood. Knight said that at Council's request, staff drew up three alternative development plans: a) R2 development• - property improved with lot sold out for duplexes; b) planned area development under R2 which would allow 16 townhouses and 18 multi -family units; c) multi -family (R3) with 34 units. All three proposals were niarginel with #3 being the most feasible. The market value compared to the per unit cost doesn't justify any of these proposals. Knight gave hypothetical costs of the proposals to demonstrate that the excessive land value inflates the cost to unreasonable levels. In answer to a question from the public, Knight explained that alternative a only allowed eight duplexes because of frontage and lot size requirements. The problem is that the cul-de-sac uses land that could otherwise be used for construction. John Bennett, representing the neighbors, said that tax advantages might well make some of the alternatives feasible. Neuhauser said it is not appropriate to consider tax shelter in rezoning decisions. Knight said that topography, access, and sewering limits development options. The proposals outlined are based on contact with Iowa City professionals in real estate and banking. Joe Horowitz, 1129 Kirkwood Avenue, expressed concern about how. the analysis was done. Horowitz said that there is a tax impact on any development both for the developer and the community. Knight pointed out that the market value of a property includes tax advantages.• Neuhauser said that because the burden is not on City staff to make endless analysis of various alternatives, she could not ask staff to continue developing alternatives. Horowitz said that since the property is currently zoned M1, that zone should be analyzed for exconomic impact. The stormwater detention basin is included in the proposals as appropriate. Knight said the lowest cost possible was used in making the proposals. If the R2 zoning is defeated the property will remain M1. Pat Gilpin questioned what the property would be designated in the new zoning code. Staff will reply at tomorrow night's meeting. Transformer on Clinton. Iowa State Bank & Trust representatives presented drawings of the site plan as it would look with a transformer mounted on the sidewalk. Neuhauser noted that there seemed to be no alternative. Council concurred. Airport. Emmit George, Chairman of the Iowa City Airport Commission, noted that the Commission proposal is consistent with the recommendation of the Airport Master Plan with the exception of the 300 foot displaced threshold on runway 17 which was changed to a 430 foot relocated threshold. George said that the runway displacement leaves the runway intact but marked with lines to show that it shouldn't be used. Relocating involves a physical change to prevent legal use. Fred Zehr, Airport Manager, said the relocated runway will remain as runway overrun. i l ...._ . 11 OFILMED.AY,..._._. 1 JORM MIC Rf�LAB `( S CEDAR R6P?DS • DES MOINCS I 91 Displaced runway is available for take -offs but not for landings. George said that recommendation N1 would not take place until k3 was finished. Neuhauser suggested renumbering the recommendations to reflect that order. George said that the FAA has indicated that the City should buy the land for the runway extension. The FAA has informally said they will participate. A letter just received suggests that the FAA supports the Commission proposals. Neuhauser reviewed the sequence of proposed steps. First, the 25 acres for the runway 24 extension project. Second, easements must be obtained and runway sections must be reconstructed. Third, the runway would be extended. Fourth, the threshold would be relocated. Fifth, the taxiway land would be purchased. Finally, the taxiway would be constructed. George said that the City expects partici- pation by the FAA in the extension of the runway. Vitosh said that the airport reserve for capital improvements would go toward the runway extension with the balance from GO bonds. Once the FAA has reviewed the proposal and the City and FAA has agreed on the plan, the City would be eligible for FAA funding. Erdahl complimented the Airport Commission and staff for hte work done on the project. George said initial cost to the City should be approximately $225,000 through obtaining of easements. Neuhauser noted that the runway wouldn't be shortened until a new primary runway is established. E.K. Jones appeared and presented a letter of concerns. Neuhauser suggested he attend Tuesday's formal meeting to read the letter into the record. John Dane referred to a letter from Mel Fischer about why a runway can't be extended to the south. The issues will be discussed at Tuesday's formal meeting. Fare Rent Ordinance. Neuhauser said that it isn't appropriate to discuss the ordinance until Tuesday's public hearing. Erdahl noted that the Human Rights Commission has a hearing officer. Neuhauser suggested that one person representing the petitioners be available at the public hearing to answer questions. Following the September 13 public hearing, the Council votes on the ordinance September 27. If the measure does not pass, it will be put on the ballot for the November election. Individual groups are not subject to the campaign finance law. Erdahl recommended an independent forum. Neuhauser noted that people should sign up in advance for Tuesday's public hearing to facilitate order. Office Space proposal. Neuhauser said that if the current building is not structurally sound she would not favor the proposal. She suggested doing points 2, 3, and 4 of David Martin's proposed study. If the U Smash 'Em building still seems usable, points 1, 5, 6, and 7 can be done. Balmer said that he is opposed to considering the building because he thought the building was never slated for use. Erdahl said he didn't think the building is worth putting any money into. Mary Anne Volm, United Way Executive Director, said the walls and floor are sound and worth saving although the cost may be too 'high. Berlin suggested waiting for the parking study and doing points 2 and 3 of the proposal. Cheryl Mintle said there is a list of nine appropriate agencies interested in a shared location. Iowa -Illinois Franchise. Berlin said that it is doubtful that the franchise issue can make the November ballot because of the nature of the company proposal. Berlin said he would schedule a meeting with the company. Jansen said that if the franchise lapses, the company must continue to provide service indefinitely. 1 ' �.*„ _....... MICROFILMEO BY. _..... �. 1 JORM MICR+LAB E I CEDAR RAD!DS • DE: MOINES f t. 4 Council Time and Agenda. I. Knights of Columbus. Balmer noted correspondence from Michael Lensing. Neuhauser noted the site was originally intended for public housing. Berlin noted that the new location is near existing bars and a recommendation from the Housing Commission is in order. Neuhauser noted that when public land is sold, either a public purpose or substantial income from taxes should be obtained. 2. Fraternities and Sororities. Berlin has asked for a memo from Planning reviewing all of the alternatives for fraternal organizations. 3. Residential Zone Roomers. Karr noted that a public hearing on the ordinance to regulate the number of roomers in a residental zone is scheduled for September 27th. i 4. Revitalization Zone. Berlin noted that the issue of extending the revitalization zone 'to the railroad station has been resolved. i 5. Council Priorities. Neuhauser suggested adding the franchise ordinance, the sewer agreement with Westinghouse and Sheller -Globe. 1 6. Arthur Young Company. Berlin will meet with the company on privati- ! zation of the sewer plant. Balmer might attend the Dubuque meeting of the Water, Air and Waste Management Commission. 7. TV Tower. This is a matter for the. Airport Commission and the FAA. The tower will be located in Iowa County. - 8. Conference Board. A meeting is set for two weeks from Monday (September 26) to evaluate and reappoint the City Assessor. 9. Berlin noted that the house just east of the First Christian Church on Iowa Avenue is being restored. It is planned to be a baglery with the owners requesting permission to install a stoop on the west side of the building to match the original exterior. Board of Electrical Examiners and Appeals Appointments The Mayor announced no applications had been received and the vacancy will be readvertised. Meeting adjourned at 9:40 p.m. 1 i �t..._. ..MICROFILMED.DY.__- ...-.' JORM MICR+LAB ' -CEDAR RAPIDS • DES MOINES 11� 1 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 13, 1983 Iowa City Council, reg. mtg., 9/13/83, at 7:30 P.M. at the Civic Center. Mayor Neuhauser presiding. Councilmembers present: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Absent: Perret. Staffinembers present: Berlin, Helling, Jansen, Karr, Farmer, Schmeiser, Knight, Davidson. Council minutes tape recorded on Tape 83-26, Side 2, 1 -END and Tape 83-30, Side 1 and Side 2, 1 - END. The Mayor announced the following proclamations: Vocational Rehabilitation Month -September 1983; American Business Women's Day - September 22, 1983; Buddy Poppy Day -September 24, 1983; and Constitution Week, September 17-23, 1983. The Executive Vice -President of the Asphalt Paving Association of Iowa presented the "1983 APAI Smoothness Award for Municipal Street Resurfacing" to City Engineer Frank Farmer. The Award recognizes work on the Whiting Avenue Project and marks the second year the City and L.L. Pelling have received the award. Moved by Dickson, seconded by Lynch, that the following' items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Council Actions, spec. mtg., 8/22/83 and reg. mtg. 8/30/83, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm: -8/24/83; Broadband Telecommunications -7/19/83, 7/26/83 & 7/28/83; Planning & Zoning Comm. - 8/8/83, 8/25/83 & 9/1/83; 8d. of Adjustment -7/13/83, 7/27/83 & 8/10/83. Permit Motions as recommended by the City Clerk: Approving Class C Beer License and Sunday Sales for Thomas R. Alberhasky dba T & M Mini Mart Ltd., 2601 Hwy. 6 East. Approving Class C Beer License and Sunday Sales for Paul R. Rozinek dba Doc's Standard Inc., 801 S. Riverside Drive. Approving Class C Liquor License for Deadwood, Inc. dba Deadwood, Inc., 6 S. Dubuque Street. Approving Class C Liquor License and Sunday Sales for I.C.B.B. Ltd dba The Brown Bottle, 111 E. Washington Street. Approving Class C Liquor License for James P. Fruland and James P. Halloran dba Magoo's Bar, 206 N. Linn Street. Approving Special Class C Beer -Wine License and Sunday Sales for Greg Timlin dba Felix and Oscars, 5 S. Dubuque Street. . Setting public hearings: Motion to set public hearing for 10/25/83, at 7:30 P.M., to provide opportunity for the public and the grantee (Hawkeye CableVision Corporation) to be heard re the grantee's request rate increase of two dollars per month for basic cable service, and directing the City Clerk to provide at least 30 days prior notice of said hearing to the public and the grantee. Motion to set a public hearing on 10/25/83, at 7:30 P.M. to provide opportunity for the public and the grantee (Hawkeye CableVision Corporation) to be heard regarding proposed amendments to the '• .....:._MICROFILMED DY .._.._..' l JORM MICR#LAB CEDAR RAPIDS • DES MOINES c 1 Council Activities September 13, 1983 Page 2 "Broadband Telecommunications Franchise Enabling Ordinance," and directing the City Clerk to provide at least 30 days prior notice of said hearing to the public and the grantee and to make copies of the proposed amendments P. the public at the PUBLIC HEARINGCONy9/27/83soffice. ONPLANS, SPECIFICATIONS3-291, I, FORM OF CONTRACT,AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CAMP CARDINAL ROAD BRIDGE RELOCATION PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS, ETC. ON FILE FOR PUBLIC INSPECTION. Motion to set public hearing for 9/27/83 on disposition of vacated portion of Lucas Street. Motions: To approve disbursements in the amount of $2,715,238.45 for -the period of 7/1 thru 7/31/83, as recommended by the Finance Director, subject to audit. RES. 83-292, Bk. 79, p. 867, ACCEPTING THE WORK FOR THE BENTON STREET BRIDGE REPAIR PROJECT. Correspondence: University of Iowa Student Senate re fraternity and sorority houses. Kathleen Armens re the alley in the 600 block between South Dodge and South Johnson Streets. Ms. Armens will be requested to submit a petition signed by adjacent property owners requesting the alley be paved by special assessment. Letters re Blackhawk Minipark from: Barbara Baker; Anna Moore; Charles Eble; Sonia Ettinger; and Jim Spratt. Roberta Patrick, President of Elderly Services Agency, requesting additional funds, referred to the Human Services Planner for recommendation. Women's Resource and Action Center re Council consideration of the proposed revisions to the Human Rights Ordinance. Michael Lensing of the Knights of Columbus requesting information about land at the corner of Linn and Harrison Streets, referred to the City. Manager after Council consideration. Memos from, the Traffic Engr. re Parking Prohibition on Commercial Drive and Parking on Kimball Avenue. Applications for Use of Streets and Public Grounds: Betty Hellwig to have a block party on California Avenue between Sycamore and Burns, approved. Sigma Chi Fraternity to have a Run for Your Life on 9/17/83 from 9:00 to 11:00 a.m., approved. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Dickson, seconded by Balmer, to set a public hearing for 10/11/83 'on an amended preliminary and final Planned Area Development (PAD) and Large Scale Residential Development (LSRD) plan for Lots 94 and 95, Ty'6 Cae Subdivision, Part 2. The Mayor declared the motion carried unanimously, 6/0, Perret absent. A public hearing was held on a proposed amendment to the Zoning Ordinance which would provide for zero lot line structures. No one appeared. A public hearing was held on the proposed rezoning of 1.6 acres in the southwest quadrant of the appearedrep. Gilbert Prentiss urgingfavorable Streets to R3A. Atty. John Cruise, app p• Boyd and R mmelhart consideration of the rezoning. LMEO BY .' JORM MICR+I.AB iCEDAR RAPIDS • DE: MOINES S i 0 I Council Activities September 13, 1983 Page 3 A public hearing was held on the proposed rezoning of certain property located at 522 S. Dubuque Street from C2 to R3B. No one appeared. A public hearing was held on the proposed rezoning of the entire Highway Commercial (CH) zoning district located north of the intersection of First Avenue and Muscatine Avenue. The Mayor noted two objections had been received earlier and correspondence received this evening by Gene Kroeger and others indicated a misunderstanding and objections had been withdrawn. Moved by Erdahl, seconded by Dickson, to accept and place on file the letter from Gene Kroeger and other attached correspondence: The -Mayor declared the -motion carried unanimously, 6/0, Perret absent. No one appeared. A public hearing was held 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 multifamily zones. No one appeared. A public hearing was held on the proposed disposition of vacated portions of Sunset Street and the frontage road between Highway 1 and Bryn Mawr Heights, Part 13. Dickson noted the two parcels were too small to be developed. No one appeared. Moved by Balmer, seconded by Dickson, to adopt RES. 83-293, Bk. 79, pp. 868-869, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT DISPOSING OF VACATED PORTIONS OF SUNSET STREET AND THE FRONTAGE ROAD BETWEEN HIGHWAY l AND BRYN MAWR HEIGHTS, PART 13. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Lynch, to adopt RES. 83-294, Bk. 79, pp. 870- 873, ADOPTING THE PREFERRED ALIGNMENT FOR FOSTER ROAD, EAST AND WEST OF PRAIRIE DU CHIEN.• Mark Tade and Nancy Purington, 1706 Prairie du Chien, appeared re potential loss of . private timber or land if this alignment were followed. Councilmembers explained that a tour of the three possible alignments showed this the most practical. Affirmative roll call vote unanimous, 6/O, Perret absent. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Balmer, to adopt RES. 83-295, Bk. 79, p. 874, AUTHORIZING THE OPENING OF A DEDICATED RIGHT-OF-WAY LOCATED SOUTH OF HAYWOOD DRIVE FOR IMPROVEMENT AS A CITY STREET, AND NAMING THAT STREET ANDOVER DRIVE. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Lynch, that the ORDINANCE VACATING A PORTION OF THE DES MOINES STREET RIGHT-OF-WAY LOCATED IMMEDIATELY WEST OF GILBERT STREET, be given first vote for passage. Affirmative roll call vote unanimous, 6/O, Perret absent. The Mayor declared the motion carried. Moved by Lynch, seconded by Balmer, that ORD. 83-3144, Bk. 22, pp. 133-134, VACATING CERTAIN ALLEY RIGHT-OF-WAY ABUTTING THE EAST PROPERTY LINE OF 522 S. DUBUQUE STREET, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the ordinance adopted. Moved by Lynch, seconded by Erdahl, that the ORDINANCE REZONING CERTAIN PROPERTY LOCATED AT 521 KIRKWOOD AVENUE FROM M1 TO R2, be given first vote for MICROFILMED BY ......_I 4 DORM MICR#LAB CEDAR RAIDS • DE- MOINES 1 2 I j Council Activities September 13, 1983 Page 4 passage. Individual Councilmembers expressed their views on the request. Pat Gilpin, 710 Diana Ct., appeared and requested the parcel not revert to RM -20 designation in the new zoning ordinance. He requested the alternatives of RS - 12, CC -2, and CI -1, be explored. Staffinember Knight present for discussion. The Mayor declared the motion defeated, 2/4, with the following division of roll call vote: Ayes: Dickson, Erdahl. Nays: .Lynch, McDonald, Neuhauser, Balmer, Absent: Perret. Moved by Balmer, seconded by McDonald, that the•ORDINANCE REZONING LOTS 22- 23 AND 64-71 OF WESTGATE ADDITION LOCATED ON KESWICK DRIVE AND WESTGATE CIRCLE, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Shelley Plattner, 58 Sunrise Village, presented materials and asked Council to reconsider their decision to keep bike lanes. He also requested that the lanes be reviewed by the Public Works Director to insure comformity, with UTCD manual. Plattner requested Council consider changing signs to indicate that bikes may use curb lanes, similar to the recent change in bikes may use sidewalk signs. He urged Council continue to request uniform enforcement of traffic laws for motorists and bicyclists. The Mayor announced no applications for the appointment to the Board of Electrical Examiners and Appeals had been received. The vacancy will be re - advertised and an appointment made in 30 days. Councilmember Dickson noted a number of safety complaints re construction walkways in the downtown area, especially on Linn Street. Staff will investigate. The Mayor read two pieces of correspondence: 1) a letter from the International Institute of Municipal Clerks announcing the certification of City Clerk Marian Karr, and 2).a letter from the State City Managers Association congratulating City Manager Neal Berlin on his 20' years, as City. Manager. McDonald noted a drainage problem on North Van Buren and Fairchild. Staff will investigate. The City Manager announced that the developer for the downtown hotel has decided to proceed quickly and ground breaking will be Tuesday, September 20, at 5:30 P.M. Recommendations of the Broadband Telecommunications Commission noted as follows: 1) That the City Council grant Hawkeye CableVision a 954 increase in basic service rates, or an 11.9% increase, based on an average of the increase in operational, origination and administration costs incurred by Hawkeye from 1981 to 1982. A public hearing is set for October 25, 1983. (The Mayor noted that Hawkeye is requesting. a $2.00 increase.) 2) That a policy regarding the required extension of cable service to newly annexed and new housing areas be approved. Moved by Balmer, seconded ,by Dickson, to adopt RES. 83-296, Bk. 79, pp. 875-879, MAKING AWARD OF CONTRACT FOR THE 1983 PAVING IMPROVEMENTS (LYON'S 2ND ADDITION) TO AHERNS CONSTRUCTION, INC. OF CORALVILLE, IOWA, for $73,045.40. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. _..-_MICROFILMED.By...-._.�.. t .IORM MICR�LAB ({ CEDAR RAPIDS OE5 MOINES t � l 1 Council Activities September 13, 1983 Page 5 Moved by Lynch,. seconded by Dickson, to adopt RES.. 83-297, Bk. 79, pp. 880- 911, AUTHORIZING FILING OF MOTION OF INTENTION TO ACCEPT URBAN RENEWAL REDEVELOPMENT PROPOSAL (HOTEL). Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by McDonald, to adopt RES. 83-298, Bk. 79, pp. 912-913, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY84 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS, contract amount of $21,012. Affirmative roll call vote unanimous, 6/0, Ferret absent. The Mayor declared the resolution adopted. ynch ADOPTINGeTHE L IL ER/ORCHARD NEIGHBORHOOD IMPROVEMENT , seconded by Balmer, to adopt RES. .BPLAN9 ASk REQUIRED 1BY CHAPTER 403 OF THE CODE OF IOWA. Affirmative roll call vote unanimous, 6/0, Ferret absent. The Mayor declared the resolution adopted. Karen Hradek, representing the neighborhood, thanked the Council for their actidn. Moved by Balmer, seconded by McDonald, to adopt RES. 83-300, Bk. 79, pp. 915-921, AUTHORIZING THE ISSUANCE AND SALE OF COMMERCIAL DEVELOPMENT REVENUE BOND (VIVA INVESTMENTS PROJECT) OF THE CITY OF IOWA CITY, IOWA, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $500,000 TO FINANCE THE COST OF THE ACQUISITION OF A BUILDING AND THE REHABILITATION AND RENOVATION OF THE BUILDING AND OF CERTAIN LEASEHOLD IMPROVEMENTS THEREIN FOR VIVA INVESTMENTS, AN IOWA PARTNERSHIP; THE EXECUTION OF A LENDER LOAN AGREEMENT WITH FIRST NATIONALBANK OF IOWA CITY, IOWA, PROVIDING THE TERMS AND SALE OF SUCH BOND; THE EXECUTION JI":0 DELIVERY OF A LOAN AGREEMENT WITH VIVA INVESTMENTS PROVIDING FOR THE REPA`iMENT OF THE LOAN OF THE PROCEEDS OF SUCH BOND, AND RELATED MATTERS. Affirmativz roll call vote unanimous, 6/0, Ferret absent. The Mayor declared the. resolution adopted. Moved by Lynch, seconded by Balmer, to adopt RES. 83-301, Bk. 79, pp. 922- 927, AUTHORIZING THE ISSUANCE AND SALE OF $1,400,000 INDUSTRIAL REVENUE BONDS (MILLARD WAREHOUSE PROJECT), THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS, AND THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH LARRY A. LARSEN DBA MILLARD WAREHOUSE. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Dickson, to adopt RES. 83-302, Bk. 79, pp. 928-929, ADOPTING AIRPORT COMMISSION PROPOSAL TO FAA FOR THE PURPOSE OF REMOVING THE STATUS OF NON-COMPLIANCE FOR ELIGIBILTY FOR FEDERAL FUNDING. Airport Commissioner Emmit George present for discussion. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. E.K. Jones, 1033 E. Burlington, read a letter of concerns (distributed at informal session 9/12/83). John Dane, R.R. 3, also appeared. Moved by Erdahl, seconded by McDonald, to accept the correspondence from E.K. Jones. The Mayor declared the motion carried unanimously, 6/0, Perret absent. Moved by Lynch, seconded by Balmer, that the ORDINANCE TO AMEND CHAPTER 31 TO PROVIDE THAT SIGNS ON PUBLIC PROPERTY BE LICENSED AND FOR ELIMINATION OF SUCH SIGNS BY JUNE 30, 2003, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. { ti HICROEI LMEO BY. JORM MICR¢LAE3 CEDAR RPPIOS • DE: MOINES 1 r Council Activities September 13, 1983 Page 6 A public hearing was held on the proposed rent control ordinance presented under initiative procedures of the Iowa City Charter. The following people appeared: Karen Kubby, 914 S. Dubuque; Mike Bonato, 1123 Franklin; Jim Rhodes, 522 Hawkeye Drive; Darlene Clausen, 323 Fairchild; Jeff Oenburg, 1141 E. College; Erik Pauls, 1027 Sheridan Avenue; Joe Marron, 323 Fairchild; Sue Young, 919 Talwrn Ct., who presented a statement from Norm Bailey; Sincha Plisner, 1958 Broadway; Jim Berry, 410 Highland Ct.; Barbara Waters, 2928 Stanford; Larry Svaboda, 35 Lakeview Knoll; Robert Hibbs, 606 Reno Street; Robert Bender, 335 S: Clinton; Edwin Barker, R.R. 1; Mark Hamer, 119 Washington Park Rd.; Angie Ryan, 122 S. Linn; Miriam Young, 1720 Muscatine Avenue; Tony Schebler, 1015 W. Benton; Jane C. Vincent, 121 Cardiff Circle; James Schwab, 1027 Sheridan Avenue; Dennis Ryan, 32B Meadowbrook; Don Doumakes, 1429 Lakeside; Jackie Majerus, P.O. Box 501; Peter Grady, 2920 E. Court Street; James Barfuss, 802 E. Washington; Nance Carlson, 1002 E. Jefferson. The Mayor announced that the matter will be discussed and voted upon on September 27. Any information to be reviewed by Council re this matter should be submitted to the City Clerk's office by Thursday, September 22, for distribution to Councilmembers. Moved by Balmer, seconded by Dickson, to receive and file the correspondence submitted. The Mayor declared the motion carried unanimously, 6/0, Perret absent. Moved by Balmer, seconded by Lynch, to adjourn 12:40 a.m. The Mayor declared the motion carried unanimously, 6/0, Perret absent. MARY C. NEUHAUSER, MAYOR t .. _'.._..,., MICROFILMED.U.. _._._.-.. JORM MICR+LAB • CEDAR RAIDS DEQ MOINES �� OFFICIAL COUNCIL ACTIONS - 9/13/83 The cost of publishing the following proceedings & claims is $ Cumulative cost for this calendar year for said publication is $ Iowa City Council, reg. mtg., 9/13/83, at 7:30 P.M. at the Civic Center. Mayor Neuhauser presiding. Councilmembers present: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Absent: Perret. The Mayor announced the following proclamations: Vocational Rehabilitation Month -September 1983; American Business Women's Day -September 22, 1983; Buddy Poppy Day -September 24, 1983; and Constitution Week, September 17-23, 1983. The Executive Vice -President of the Asphalt Paving Association of Iowa presented the "1983 APAI Smoothness Award for Municipal Street Resurfacing" to City Engineer Frank Farmer. Moved by Dickson, seconded by Lynch, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Council Actions, spec. mtg., 8/22/83 and reg. mtg. 8/30/83, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. -8/24/83; Broadband Telecommunications -7/19/83, 7/26/83 & 7/28/83; Planning & Zoning Comm. -8/8/83, 8/25/83 & 9/1/83; Bd. of Adjustment -7/13/83, 7/27/83 & 8/10/83. Permit Motions as recommended by the City Clerk: Approving Class C Beer License and Sunday Sales for T & M Mini Mart Ltd., 2601 Ilwy. 6 East. Approving Class C Beer License and Sunday Sales for Doc's Standard Inc., 801 S. Riverside Drive. Approving Class C Liquor License for Deadwood, Inc., 6 S. Dubuque Street. Approving Class C Liquor License and Sunday Sales The Brown Bottle, 111 E. Washington Street. Approving Class C Liquor License for Magoo's Bar, 206 N. Linn Street. Approving Special Class C Beer -Wine License and Sunday Sales for Felix and Oscars, 5 S. Dubuque Street. ..MICROFW9ED BY�.�� JORM MIC R¢LAB - CEDAR RAP!OS • DES MOINES I I 1 I Off`-lal Council Actions Sep,.,,nber 13, 1983 Page 2 Setting public hearings: Motion to set public hearing for 10/25/83, at 7:30 P.M., to provide opportunity for the public and the grantee (Hawkeye CableVision Corporation) to be heard re the grantee's request rate increase of two dollars per month for basic cable service, and directing the City Clerk to provide at least 30 days prior notice of said hearing to the public and the grantee. Motion to set a public hearing on 10/25/83, at 7:30 P.M. to provide opportunity for the public and the grantee (Hawkeye CableVision Corporation) to be heard regarding proposed amendments to the "Broadband Telecommunications Franchise Enabling Ordinance," and directing the City Clerk to provide at least 30 days prior notice of said hearing to the public and the grantee and to make copies of the proposed amendments available to the public at the City Clerk's office. RES. 83-291, Bk. 79, p. 866, TO SET A PUBLIC HEARING ON 9/27/83 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CAMP CARDINAL ROAD BRIDGE RELOCATION PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS, ETC. ON FILE FOR PUBLIC INSPECTION. Motion to set public hearing for 9/27/83 on disposition of vacated portion of Lucas Street. Motions: To approve disbursements in the amount of $2,715,238.45 for the period of 7/1 thru 7/31/83, as recommended by the Finance Director, subject to audit. RES. 83-292, Bk. 79, p. 867, ACCEPTING THE WORK FOR THE BENTON STREET BRIDGE REPAIR PROJECT. Correspondence: University of Iowa Student Senate re fraternity and sorority houses. Kathleen Armens re the alley in the 600 block between South Dodge and South Johnson Streets. Ms. Armens will be requested to submit a petition signed by adjacent property owners requesting the alley be paved by special assessment. Letters re Blackhawk Minipark from: Barbara Baker; Anna Moore; Charles Eble; Sonia Ettinger; and Jim Spratt. Roberta Patrick, President of Elderly Services Agency, requesting additional funds, 4 r• ...___.. MICROFILMED BY __...._-. t JORM MICR+LAB CEDAR RAPIDS • DEQ MOINES 1 J l Off''ial Council Actions Sep .aber 13, 1983 Page 3 referred to the Human Services Planner for recommendation. Women's Resource and Action Center re Council consideration of the proposed revisions to the Human Rights Ordinance. Michael Lensing of the Knights of Columbus requesting information about land at the corner of Linn and Harrison Streets, referred to the City Manager after Council consideration. Memos from the Traffic Engr. re Parking Prohibition on Commercial Drive and Parking on Kimball Avenue. Applications for Use of Streets and Public Grounds: Betty Hellwig to have a block party on California Avenue between Sycamore and Burns, approved. Sigma Chi Fraternity to have a Run for Your Life on 9/17/83 from 9:00 to 11:00 a.m., approved. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion - carried and repeated the public hearings as set. Moved by Dickson, seconded by Balmer, to set a public hearing for 10/11/83 on an amended preliminary and final Planned Area Development (PAD) and Large Scale Residential Development (LSRO) plan for Lots 94 and 95, Ty'n Cae Subdivision, Part 2. The Mayor declared the motion carried unanimously, 6/0, Perret absent. A public hearing was held on a proposed amendment to the Zoning Ordinance which would provide for zero lot line structures. A public hearing was held on the proposed rezoning of 1.6 acres in the southwest quadrant of the intersection of Gilbert and Prentiss Streets from C2 to R3A. Atty. John Cruise appeared rep. Boyd and Rummelhart. A public hearing was held on the proposed rezoning of certain property located at 522 S. Dubuque Street from C2 to R3B. A public hearing was held on the proposed rezoning of the entire Highway Commercial (CH) zoning district located north of the intersection of First Avenue and Muscatine Avenue. The Mayor noted two objections had been received earlier and correspondence received this evening by Gene Kroeger and others indicated a misunderstanding and objections had been .fir---•------------ —...__----, -.-�.. ._.-MICROFILMED.aY-....._.._._� ... JORM MICR+LAB -CEDAR RAPIDS • DES I401NES f 1 j . I i f Off'" al Council Actions Sep,„mber 13, 1983 Page 4 withdrawn. Moved by Erdahl, seconded by Dickson, to accept and place on file the letter from Gene Kroeger and other attached correspondence. The Mayor declared the motion carried unanimously, 6/0, Perret absent. A public hearing was held 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. A public hearing was held on the proposed disposition of vacated portions of Sunset Street and the frontage road between Highway 1 and Bryn Mawr, Heights, Part 13. Dickson noted the two parcels were too small to be developed. Moved by Balmer, seconded by Dickson, to adopt RES. 83-293, Bk. 79, pp. 868-869, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT DISPOSING OF VACATED PORTIONS OF SUNSET STREET AND THE FRONTAGE ROAD BETWEEN HIGHWAY 1 AND BRYN MAWR HEIGHTS, PART 13. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Lynch, to adopt RES. 83-294, Bk. 79, pp. 870-873, ADOPTING THE PREFERRED ALIGNMENT FOR FOSTER ROAD, EAST AND WEST OF PRAIRIE OU CHIEN. 1 Mark Tade and Nancy Purington, 1706 Prairie du Chien, appeared re potential loss of I Private timber or land if this alignment f were followed. Councilmembers explained that a tour of the three possible alignments showed this the most practical. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Balmer, to adopt RES. 83-295, Bk. 79, P. 874, AUTHORIZING THE OPENING OF A DEDICATED RIGHT-OF-WAY LOCATED SOUTH OF HAYWOOD DRIVE FOR IMPROVEMENT AS A CITY STREET, AND - NAMING THAT STREET ANDOVER DRIVE. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by , that the OR INANCEe VACATINGded A PORTIONcOF THE DES MOINES STREET RIGHT-OF-WAY LOCATED IMMEDIATELY WEST OF GILBERT STREET, be given first vote for passage. Affirmative ....s,..._.._..MICROFILMED .BY_. __.....� JORM MICR+LAB i -CEDAR RAPIDS • DES 1401 NES 1 ' I Off 'al Council Actions Sep,._nber 13, 1983 Page 5 roll call vote unanimous, 6/0, Perr•et absent. The Mayor declared the motion carried. Moved by Lynch, seconded by Balmer, that ORD. 83-3144, Bk. 22, pp. 133-134, VACATING CERTAIN ALLEY RIGHT-OF-WAY ABUTTING THE EAST PROPERTY LINE OF 522 S. DUBUQUE STREET, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the ordinance adopted. Moved by Lynch, seconded by Erdahl, that the ORDINANCE REZONING CERTAIN PROPERTY LOCATED AT 521 KIRKWOOD AVENUE FROM M1 TO R2, be given first vote for passage. Individual Councilmembers expressed their views on the request. Pat Gilpin, 710 Diana Ct., appeared and requested the parcel not revert to RM -20 designation in the new zoning ordinance. The Mayor declared the motion defeated, 2/4, with the following division of roll call vote: Ayes: Dickson, Erdahl. Nays: Lynch, McDonald, Neuhauser, Balmer, Absent: Perret. Moved by Balmer, seconded by McDonald, that the ORDINANCE REZONING LOTS 22-23 AND 64-71 OF WESTGATE ADDITION LOCATED ON KESWICK DRIVE AND WESTGATE CIRCLE, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Shelley Plattner, 58 Sunrise Village, presented materials and asked Council to reconsider their decision to keep bike lanes. He also requested that the lanes be reviewed by the Public Works Director to insure comformity with UTCD manual. Plattner requested Council consider changing signs to indicate that bikes may use curb lanes, similar to the recent change in bikes may use sidewalk signs. •He urged Council continue to request uniform enforcement of traffic laws for motorists and bicyclists. The Mayor announced no applications for the appointment to the Board of Electrical Examiners and Appeals had been received. The vacancy will be re - advertised and an appointment made in 30 days. Councilmember Dickson noted a number of safety complaints re construction _............MICROEILMED.BY...._:.__._�_ { l JORM MICR+LAS V } •CEDAR RRPIDS • DES MOINES li I Off "al Council Actions Sep,,inber 13, 1983 Page 6 walkways in the downtown area, especially on Linn Street. Staff will investigate. The Mayor read two pieces of correspondence: 1) a letter from the International Institute of Municipal Clerks announcing the certification of City Clerk Marian Karr, and 2) a letter from the State City Managers Association congratulating City Manager Neal Berlin on his 20 years as City Manager. McDonald noted a drainage problem on North Van Buren and Fairchild. Staff will investigate. The City Manager announced that the developer for the downtown hotel has decided to proceed quickly and ground breaking will be Tuesday, September 20, at 5:30 P.M. Recommendations of the Broadband Telecommunications Commission noted as follows: 1) That the City Council grant Hawkeye Cablevision a 954 increase in basic service rates, or an 11.9% increase, based on an average of the increase in operational, origination and administration costs incurred by Hawkeye from 1981 to 1982. A public hearing is set for October 25, 1983. (The Mayor noted that Hawkeye is requesting a $2.00 increase.) '2) That a policy regarding the required extension of cable service to newly annexed and new housing areas be approved. Moved by Balmer, seconded by Dickson, to adopt RES. 83-296, Bk. 79, pp. 875-879, MAKING AWARD OF CONTRACT FOR THE 1983 PAVING IMPROVEMENTS (LYON'S 2ND ADDITION) TO AHERNS CONSTRUCTION, INC. OF CORALVILLE, IOWA, for $73,045.40. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Dickson, to adopt RES. 83-297, Bk. 79, pp. 880-911, AUTHORIZING FILING OF MOTION OF INTENTION TO ACCEPT URBAN RENE14AL REDEVELOPMENT PROPOSAL (HOTEL). Affirmative roll call vote unanimous, 6/0; Perret absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by McDonald, to adopt RES. 83-298, Bk. 79, pp. 912-913, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY84 AGREEMENT BETWEEN THE CITY OF I014A CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF MICROFILMED. DY... JORM MICR+L A B CEDAR RAPIDS • DES MOINES Off— 'al Council Actions Sep ember 13, 1983 Page 7 TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS, contract amount of $21,012. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Balmer, to adopt RES.. 83-299, Bk. 79, p. 914, ADOPTING THE MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT PLAN AS REQUIRED BY CHAPTER 403 OF THE CODE OF IOWA. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Karen Hradek thanked the Council for their action. Moved by Balmer, seconded by McDonald, to adopt RES. 83-300, Bk. 79, pp. 915-921, AUTHORIZING THE ISSUANCE AND SALE OF COMMERCIAL DEVELOPMENT REVENUE BOND (VIVA INVESTMENTS PROJECT) OF THE CITY OF IOWA CITY, IOWA, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $500,000 TO FINANCE THE COST OF THE ACQUISITION OF A BUILDING AND THE REHABILITATION AND RENOVATION OF THE BUILDING AND OF CERTAIN LEASEHOLD IMPROVEMENTS THEREIN FOR VIVA INVESTMENTS, AN IOWA PARTNERSHIP; THE EXECUTION OF A LENDER LOAN AGREEMENT WITH FIRST NATIONAL BANK OF IOWA CITY, IOWA, PROVIDING THE TERMS AND SALE OF SUCH BOND; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH VIVA INVESTMENTS PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SUCH BOND, AND RELATED MATTERS. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Balmer, to adopt RES. 83-301, Bk. 79, pp. 922-927, AUTHORIZING THE ISSUANCE AND SALE OF $1,400,000 INDUSTRIAL REVENUE BONDS (MILLARD WAREHOUSE PROJECT), THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS, AND THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH LARRY A. LARSEN DBA MILLARD WAREHOUSE. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Dickson, to adopt RES. 83-302, Bk. 79, pp. 928-929, ADOPTING AIRPORT COMMISSION PROPOSAL TO FAA FOR THE PURPOSE OF REMOVING THE STATUS OF NON-COMPLIANCE FOR ELIGIBILTY FOR FEDERAL FUNDING. Airport Commissioner Emmit George 5 :._.141CROFIIIIED.BY, i t JORM MICR#LAB •CEDAR RAPIDS • DES MOINES } i I i E Off—ial Council Actions September 13, 1983 Page 8 present for discussion. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. E.K. Jones, 1033 E. Burlington, read a letter of concerns (distributed at informal session 9/12/83). John Dane, R.R. 3, also appeared. Moved by Erdahl, seconded by McDonald, to accept the correspondence from E.K. Jones. The Mayor declared the motion carried unanimously, 6/0, Perret absent. Moved by Lynch, seconded by Balmer, that the ORDINANCE TO AMEND CHAPTER 31 TO PROVIDE THAT SIGNS ON PUBLIC PROPERTY BE LICENSED AND FOR ELIMINATION OF SUCH SIGNS BY JUNE 30, 2003, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. A public hearing was held on the proposed rent control ordinance presented under initiative procedures of the Iowa City Charter. The following people appeared: Karen Kubby, 914 S. Dubuque; Mike Donato, 1123 Franklin; Jim Rhodes, 522 Hawkeye Drive; Darlene Clausen, 323 Fairchild; Jeff Denburg, 1141 E. College; Erik. Pauls, 1027 Sheridan Avenue; Joe Marron, 323 Fairchild; Sue Young, 919 Talwrn Ct., who presented a statement from Norm Bailey; Sincha Plisner, 1958 Broadway; Jim Berry, 410 Highland Ct.; Barbara Waters, 2928 Stanford; Larry Svaboda, 35 Lakeview Knoll; Robert Hibbs, 606 Reno Street; Robert Bender, 335 S. Clinton; Edwin Barker, R.R. l; Mark Hamer, 119 Washington Park Rd.; Angie Ryan, 122 S. Linn; Miriam Young, 1720 Muscatine Avenue; Tony Schebler, 1015 W. Benton; Jane C. Vincent, 121 Cardiff Circle; James Schwab, 1027 Sheridan Avenue; Dennis Ryan, 32B Meadowbrook; Don Doumakes, 1429 Lakeside; Jackie Majerus, P.O. Box 501; Peter Grady, 2920 E. Court Street; James Barfuss, 802 E. Washington; Nance Carlson, 1002 E. Jefferson. The Mayor announced that the matter will be discussed and voted upon on September 27. Any information to be reviewed by Council re this matter should be submitted to the City Clerk's office by Thursday, September 22, for distribution to Councilmembers. Moved by Balmer, seconded by Dickson, to receive and file the correspondence submitted. The Mayor .,_,.MICROFILMED .BY .___._' JORM, .MICR+LAB j1J • CEDAR RAPIDS - DES MOINES i 7 It I I ■ Of,ial Council Actions September 13, 1983 Page 9 declared the motion carried unanimously, 6/0, Perret absent. Moved by Balmer, seconded by Lynch, to adjourn 12:40 a.m. The Mayor declared the motion carried unanimously, 6/0, Perret absent. A more complete description of Council activities City Clerk, Ys on file in the office of the s/MARY . NE� MAYQR s/MARIAN K. KARR, CITY CLERK RIY( v! Submitted for publication 9/23/83, �:... ._ _...MICROF WEDGY.._ _I JORM MICR+LAB CEDAR RAPIDS •DES MOINES 712L�/ I i I J _I I i Of,ial Council Actions September 13, 1983 Page 9 declared the motion carried unanimously, 6/0, Perret absent. Moved by Balmer, seconded by Lynch, to adjourn 12:40 a.m. The Mayor declared the motion carried unanimously, 6/0, Perret absent. A more complete description of Council activities City Clerk, Ys on file in the office of the s/MARY . NE� MAYQR s/MARIAN K. KARR, CITY CLERK RIY( v! Submitted for publication 9/23/83, �:... ._ _...MICROF WEDGY.._ _I JORM MICR+LAB CEDAR RAPIDS •DES MOINES 712L�/ I COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 27, 1983 Iowa City Council, reg. mtg., 9/27/83, at 7:30 P.M. at the Civic Center. Mayor Neuhauser presiding. Councilmembers present: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser. Absent: Perret. Staffinembers present: Berlin, Helling, Jansen, Boothroy, Franklin, Gannon, Farmer, Holderness, Karr. Council minutes tape recorded on Tape 83-31, Side 1, 1 -End and Side 2, 1-1796. Moved by Balmer, seconded by Dickson, to adopt RES. 83-303, Bk. 79, p. 930, RESOLUTION OF COMMENDATION FOR SYLVESTER NEUZIL. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted and presented it to Mr. Neuzil. Moved by Balmer, seconded by Dickson, to adopt RES. 83-304, Bk. 79, p. 931, RESOLUTION OF COMMENDATION FOR HENRY RIOS. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. The Mayor announced the following proclamations: Higher Education Week, October 1-8, 1983; Local Government Week, October 3-8, 1983. The Mayor noted a local government open house to be held on October 4th; Minority Enterprise Development Week, October 2-8, 1983. The Mayor noted a letter from HUD; Share A Song Week, September 26 -October 1, 1983. The Mayor noted the addition of a public hearing re Central Junior High to the Consent Calendar. Moved by Lynch, seconded by McDonald, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of as published, subjecttftoccorrection, astrecommendedmby the/City3Clerk. Minutes of Boards and Commissions: Housing Appeals Bd.- 7/12/83; Airport Comm. -9/8/83. Permit Motions as recommended by the City Clerk: Approving Class C Beer Permit and Sunday Sales for QuikTrip Corporation dba QuikTrip, #503, 123 W. Benton. Approving Class C Beer Permit for Dale E. Watt dba Watt's Food Market, 1603 Muscatine Avenue. Approving class C.Beer Permit and Sunday Sales for Control Products Company dba Central Pharmacy Center, 701 E. Davenport St. Approving Class C Beer Permit and Sunday Sales for T.I. Investments, Inc. dba Godfather's Pizza, 531 Highway #1 West. Approving Class C Liquor License and Sunday Sales for Hilltop Tavern, Ltd. dba Hilltop Lounge, 1100 N. Dodge. Approving Class C Liquor License and Sunday Sales for Lorise and Andre Mallie dba Chez Andre, 1200 Gilbert Ct. periodpproving of Augusti1 thruments Augustnthe 31, 1983,InasorecommendedObyOther the Finance Director, subject to audit. yyy _.MICROFILMED BY.�~� JORM MICR+LAB '1 CEDAR RXIDS • DES MOINES ,� j Council Activities September 27, 1983 Page 2 RES. 83-305, Bk. 79, P. 932, ACCEPTING THE WORK FOR THE SANITARY SEWER 62)THE OF PARTBTWOISION OF MACBRIDEEADDITIONATOLPORTION IOWA CITY. Setting public hearings: RES. 83-806, Bk. 79, p. 933, TO SET A PUBLIC HEARING FOR 10/11/83 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RUNDELL, DEARBORN AND CENTER STORM SEWER IMPROVEMENTS, DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS, ETC. ON FILE FOR PUBLIC INSPECTION. Motion to set a public hearing for 10/11/83 to receive citizen comments on a proposed amendment to the 1983 CDBG program and budget. Motion to set public hearing for 10/3/83 on a public hearing to consider the disposition of Central Junior High. Correspondence: Mel Sunshine re eStransit interchare the nge, Rreferred to the City Manager for reply. Island Depot, referred to the Legal staff for recommendation. John Hayek requesting release of sidewalk lien on property at 820 Woodside Drive, resolution is item 24 on agenda. Robert Downer, attorney for Mr. and Mrs. William Gilpin, re street, seder and water problems in the Taft Speedway area and also the extension of city services in this area, referred to the Public Works Department for recommen- dation. Margaret and Kenneth MacDonald re Fair Rent Ordinance, item 32 on agenda. Edwin K. Barker re the proposed rent control ordinance. Johnson County Auditor re the possibility of using Council Chambers as a polling place for Precinct 20 to replace Central Junior High, City Manager to reply after Council discussion. Joe Holland re Lyman Addition Associates construction project on Gilbert Street. Memos from the Civil Service commission submitting ent certified lists of applicants for the following positions: Plant Operator -Pollution Control; Water Meter Reader -Water; Electrician - Traffic Eng.; Maintenance Worker I -Water; Mass Transit Operator - Transit; Mechanic I -Equipment; and Program Specialist -Senior Center. Applications for Use of Streets and Public Grounds: Karen the Kubby for use of Blackhawk Minipark to gather people supporting Fair Rent Ordinance and for use of sidwalksNtonparade ions tothe Club Civic Center on 9/13/83, at 7:30 P.M., approved. distribute candy and to accept contributions in the central business district on 10/9/83, approved. Jane Lewis for permission to picket in front of Emma Goldman Clinic on 9/24/83, approved. Lloyd Dill to have a Scholarship Run on Saturday, 10/22/83, approved. Sigma Chi to have a Derby iDDaIowaraie on on 9/24/83, aappoved. James Linn to sell Buddy Poppies Affirmatve roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried and repeated the public hearings as set. Movedded andmdisposeton and ColIof to set a public bout hearingfor„ ��i, dStreet eclared the motion carried between unanimously, 6/0, Perrettabsent, The Mayor pts �...�_ ..__._.MICROFILMED BY t DORM MICR+LAB 1 CEDAR 111111 • 11E9 MMES 1 f � I n Council Activities September 27, 1983 Page 3 Moved by Dickson, seconded by McDonald, to set public hearings for 10/17 and 10/25/83 on the 1983 Zoning Ordinance and Map. The Mayor declared the motion carried unanimously, 6/0, Perret absent. The Mayor noted that both hearings would be held in the Council Chambers at 7:30 P.M. and would be cablevised. Moved by McDonald, seconded by Dickson, to set a public hearing for 10/25/83 on an ordinance to establish a moratorium on the issuance of building permits inconsistent with the proposed 1983 Zoning Ordinance and Map until 12/31/83. The Mayor announced that Council had discussed this item at the informal session and decided against establishing a special moratorium. Staffinember Boothroy discussed the possiblity of an applicant applying for a building permit for a changed use inconsistent with the proposed ordinance. City Attorney will investigate and prepare a memo to Council. The Mayor declared the motion to set a public hearing defeated, 0/6, Perret absent. A public hearing was held on a proposed amendment to the Zoning Ordinance regulating the number of roomers permitted in various zones. Staffinember Boothroy explained the changes in the number of roomers presently allowed versus number permitted in new ordinance. Rev. John Johnston, 930 Hudson Avenue, encouraged Council to reject or greatly revise the ordinance with respect to church group homes. He also presented a letter from Lisa Greer, Julie Markham, and Rhonda Sierk. Moved by Erdahl, seconded by McDonald, to accept the letter. The Mayor declared the motion carried unanimously, 6/0, Perret absent. William Pypes, 815 Clark, appeared voicing concern if the ordinance were adopted. City Manager noted the ordinance would not affect Systems Unlimited group homes or other homes for handicapped. A public hearing was held on an ordinance to rezone property at 404-406 South Dubuque Street from R3B to CBS. Atty. John Hayek, represent- ing Plaza Suite Investors, appeared and asked Council favorably consider the request. A public hearing was held on an amended final PAD plan of Lots 122, 123, and 124 of Court Hill -Scott Blvd. Addition, Part 7. Mayor Neuhauser noted the amended plat was changed to reflect 2 larger buildings instead of 3 or 4 smaller buildings in the original submission. No one appeared. 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. 83-3145, Bk. 22, pp. 135-139, TO AMEND THE ZONING ORDINANCE TO PROVIDE FOR ZERO LOT LINE STRUCTURES, be voted upon for final passage at this time. Affirmative roll call vote unanimous, 6/0, Perret absent. 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, 6/0, Perret absent. The Mayor declared the ordinance adopted. _...._..MICRDFILMED.aY.._..__�. t JORM MICR#LAB CEDAR RAPIDS • DES MDINES t t Council Activities September 27, 1983 Page 4 Moved by Balmer, seconded by Dickson, that the ORDINANCE REZONING 1.6 ACRES IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF GILBERT AND PRENTISS STREETS FROM C2 TO R3A, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Councilmembers noted their intention to waive the second consideration and adopt this ordinance and the next ordinance at their special meeting of October 3rd. Moved by Balmer, seconded by Lynch, that the ORDINANCE REZONING CERTAIN PROPERTY LOCATED AT 522 SOUTH DUBUQUE STREET FROM C2 TO R36, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Moved b, b, that THE ENTIRE HIGHWAYeCOMMERCIALd(CH)MZONING dDISTRICThLOCCATEDANORTH EOFNING THE INTERSECTION OF FIRST AVENUE AND MUSCATINE AVENUE TO C2, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Moved by Erdahl, seconded by McDonald, that the ORDINANCE AMENDING 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, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Moved by Erdahl, seconded by Dickson, that the ORDINANCE VACATING A PORTION OF THE DES MOINES STREET RIGHT-OF-WAY LOCATED IMMEDIATELY WEST clTSTREET, be end vote foa e. Affirmative roll call vote unanimous, 6/0, Perret absent. The Ma othe motion carried. Moved 22, pp. 140-141, REZONIy McDonaldee NGLOTS22-2DDickson, 22-23 AND o 71OFto dWESTGATE ADDITION ot ORD. 83-3146, Bk LOCATED ON KESWICK DRIVE AND WESTGATE CIRCLE, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Lynch, to adopt an ordinance rezoning property at 624 South Gilbert Street from C2 to RX The Mayor declared the motion defeated, 0/6, with the following division of roll call vote: Ayes: None. Nays: Erdahl, Lynch, McDonald, Neuhauser, Balmer, Dickson. Absent: Perret. 79, p. 934,bAPPROVING THEonded PRELIMINARYoANDdto FINALaSUBDIVISIONt RES. 3PLAT,OFk BOYRUM SUBDIVISION, PART 2. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Dickson, to adopt a resolution approving the preliminary plat of Court Hill, Part 16. Councilmenbers noted that the resolution would be denied because of inadequate sewer capacity in downstream system and problems with street lay out. The Mayor declared the motion defeated, 0/6, with the following division of roll call vote: Ayes: None. Nays: Erdahl, Lynch, McDonald, Neuhauser, Balmer, Dickson. Absent: Perret. MICROFILMED aY_ . _ JORM MICR+LAB -CEDAR RAPIDS - DEL MOINES •II t � 1 I Council Activities September 27, 1983 Page 5 A public hearing was held on disposition of vacated portion of Lucas Street. No one appeared. Moved by Balmer, seconded by McDonald, to adopt RES. 83-308, Bk. 79, p. 935, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED CONVEYING VACATED PORTION OF LUCAS STREET. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract and cost estimate for the construction of the Camp Cardinal Road Bridge Relocation Project. No one appeared. Moved by McDonald, seconded by Erdahl, to adopt RES. 83-309, Bk. 79, p. 936, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE CONSTRUCTION OF THE CAMP CARDINAL ROAD BRIDGE RELOCATION PROJECT. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. A public hearing was held on the resolution of necessity for Tanglewood - Ventura Special Paving Assessment Project. Dan Kleinhesselink, 2120 Tanglewood, appeared re payment schedule. The City Manager stated that the assessment would be 2/3 for the City and 1/3 shared by property owners. Wm. Grell, R.R. 6, appeared representing Aage Jensen, and requested that the Jensens be exempted. City Engr. Farmer present for discussion. Moved by Erdahl, seconded by Dickson, to accept the letter from Bruce Glasgow representing Washington Park Partnership. The Mayor declared the motion carried unanimously, 6/0, Perret absent. Moved by Balmer, seconded by Erdahl, to adopt RES. 83-310, Bk. 79, pp. 937-939, RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE TANGLEWOOD-VENTURA SPECIAL PAVING ASSESSMENT PROJECT. Individual Councilmembers expressed their views on the assess- -- - ment. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Dickson, to aodpt RES. 83-311, Bk. 79, p. 940, DIRECTING THE PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON TANGLEWOOD-VENTURA SPECIAL PAVING ASSESSMENT PROJECT. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Lynch, to adopt RES. 83-312, Bk. 79, pp. 941-948, ORDERING BIDS, APPROVING PLANS, SPECIFICATIONS AND FORM OF CONTRACT AND NOTICE TO BIDDERS, FIXING AMOUNT OF BID SECURITY AND ORDERING CLERK TO PUBLISH NOTICE AND FIXING A DATE FOR RECEIVING SAME AND FOR A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS ON THE TANGLEWOOD-VENTURA SPECIAL PAVING ASSESSMENT. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. I �. ..._....MICROFILMED BY. ._._.' JORM MICR+LAB J -CEDAR RAPIDS • OES 1401NC5 Council Activities September 27, 1983 Page 6 Moved by McDonald, seconded by Dickson, to appoint Charlene Knox, 1100 Arthur, to the Housing Commission to fill an unexpired term ending 5/1/84. The Mayor declared the motion carried unanimously, 6/0, Perret absent. Councilmember Dickson acknowledged Mayor Neuhauser's past presidency on the League of Municipalities and noted the fine job done. Councilmember Erdahl questioned why the large pines had not been relocated from the Plaza. City Manager stated that all bushes and shrubs had been moved but that a problem did arise moving the pines. Erdahl noted the reference made by a speaker during the public hearing on the Tanglewood -Ventura Assessment Project re favoratism given individuals on water and sewer lines. He urged any citizens to contact the City Manager or City Attorney re any questions on such matters. Moved by Lynch, seconded by Dickson, to adopt RES. 83-313, Bk. 79, pp. 949-950, ORDERING BIDS, APPROVING PLANS, SPECIFICATIONS AND FORM OF CONTRACT PUBLISHICE TO NOTICEBANDEFIXINGXANDATEOUNT OF BID FOR RECEIVINGCSAMEYANDDFORDARING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS ON THE ST. ANNE'S DRIVE SPECIAL PAVING PROJECT - 1983. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Lynch, seconded by McDonald, to adopt RES. 83-314, Bk. 79, p. 951, AWARDING CONTRACT FOR THE NEIGHBORHOOD STRATEGY AREA CURB RAMP AND SIDEWALK REPAIR PROGRAM (NORTHSIDE) TO AHRENS CONSTRUCTION OF HARPER, IOWA, in the amount of $19,025. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Lynch, to adopt RES. 83-315, Bk. 79, p. 952, AWARDING CONTRACT FOR THE TRANSIT MAINTENANCE FACILITY PARKING IMPROVEMENTS TO L.L. PELLING CO., INC. OF IOWA CITY, IOWA, in the amount of $290,000. City Engr. Farmer present for discussion. The City Manager noted this resolution should be adopted subject to filing of the necessary minority business documents. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Dickson, to adopt RES. 83-316, Bk. 79, p. 953, AWARDING CONTRACT FOR THE ROCKY SHORE BIKEWAY PROJECT TO STREB CONSTRUCTION CO., INC. OF IOWA CITY, IOWA, in the amount of $31,940.16. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by McDonald, to adopt RES. 83-317, Bk. 79,p. 954, RESCINDING RESOLUTION NO. 83-296. City Engr. Farmer present for discussion. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Lynch, to adopt RES. 83-318, Bk. 79, pp. 955-958, MAKING AWARD OF CONTRACT FOR 1983 PAVING IMPROVEMENTS AirmatNIS iND Tlvote , Ahrens unanimous, 6/0, Perretthe absent. The unt of Mayor45.40. Affirmative rollcal declared the resolution adopted. 5 �... ,�," ......... MICROFILM 'D. ( JORM MICR+LAB I -CEDAR RAPIDS • DES MOINES I t Council Activities September 27, 1983 Page 7 Moved by Balmer, seconded by Erdahl, to consider resolution authorizing release of sidewalk lien on property at 820 Woodside Drive. The Mayor declared the motion defeated, 0/6, with the following division of roil call vote: Ayes: None. Nays: Erdahl, Lynch, McDonald, Neuhauser, Balmer, Dickson. Absent: Perret. Moved by McDonald, seconded by Dickson, to adopt RES. 83-319, Bk. 79, pp. 959-962, AUTHORIZING THE EXECUTION OF A REVISED ANNUAL CONTRIBUTIONS CONTRACT. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by McDonald, to adopt RES. 83-320, Bk. 79, pp. 963-967, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM FOR THE USE OF 1983 COMMUNITY DEVELOPMENT BLOCK GRANT JOBS BILL FUNDS FOR THE MYEP JOBS CLUB. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Lnch, pp. 968-979, AUTHORIZINGoTHEdISSUANCEsOF, $850,000to adotINES. AGGREGATE�PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, COMMERCIAL DEVELOPMENT REVENUE BONDS (LYMAN ADDITION ASSOCIATES PROJECT) SERIES 1983, WITH THE PROCEEDS j FROM THE SALE OF THE BONDS TO BE LOANED TO LYMAN ADDITION ASSOCIATES, AN IOWA GENERAL PARTNERSHIP, FOR THE PURPOSE OF DEFRAYING ALL OR A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING AND EQUIPPING A 28 - UNIT RESIDENTIAL APARTMENT FACILITY; THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A REAL ESTATE MORTGAGE; THE EXECUTION AND DELIVERY OF A SECURITY AGREEMENT WITH THE CITY AS THE SECURED PARTY THEREUNDER AS ADDITIONAL SECURITY FOR SAID BONDS; THE EXECUTION AND DELIVERY OF A DEED RESTRICTIONS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND LYMAN ADDITION ASSOCIATES; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID REAL ESTATE MORTGAGE, SAID SECURITY AGREEMENT AND SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by Lynch, seconded by McDonald, to adopt RES. 83-322, Bk- 79, PP. 980-990, AUTHORIZING THE ISSUANCE OF $650,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, COMMERCIAL DEVELOPMENT REVENUE BONDS (OUTLOT 25 ASSOCIATES PROJECT) SERIES 1983, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO OUTLOT 25 ASSOCIATES, AN IOWA GENERAL PARTNERSHIP, FOR THE PURPOSE OF DEFRAYING ALL OR A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING AND EQUIPPING a 21 -UNIT RESIDENTIAL APARTMENT FACILITY; THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A REAL ESTATE MORTGAGE; THE EXECUTION AND DELIVERY OF A DEED RESTRICTIONS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND OUTLOT 25 ASSOCIATES; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE RIGHTS AND INTEREST OF THE CITY IN AND FOR SAID REAL ESTATE MORTGAGE AND SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. I1161O1I1-ME6BY t JORM MICR+LAB i CEDAR RAPIDS • DES MOINES Council Activities September 27, 1983 Page 8 Moved by Erdahl, seconded by McDonald, to adopt RES. 83-323, Bk. 79, pp. 991-997, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH SYSTEMS UNLIMITED, INC. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Lynch, to adopt RES. 83-324, Bk. 79, pp. 998-1003, FIXING A DATE FOR HEARING ON PROPOSED HOUSING REVENUE BONDS, SERIES 1983 (SYSTEMS UNLIMITED, INC. PROJECT). Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Dickson, that the ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA (parking/storage in parks and playgrounds), be given first vote for passage. The City Manager explained the problems of City authority in such cases and long-term parking in parks. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Moved by Erdahl, seconded by Dickson, that the proposed rent control ordinance presented under the initiative procedures of the Iowa City Chapter, be given first vote for passage. Individual Councilmembers expressed their views on the ordinance. Moved by Erdahl, seconded by. Dickson, to accept the correspondence from Jim Rhodes and Peter Grady submitted September 21, 1983. The Mayor declared the motion carried unanimously, 6/0, Perret absent. Moved by Erdahl, seconded by Dickson, to accept all other correspondence submitted. The Mayor declared the motion carried unanimously, 6/0, Perret absent. Councilmember Erdahl outlined the proposed amendments to the ordinance suggested in the letter from Jim Rhodes. Mr. Rhodes, 552 Hawkeye Drive, present for discussion. Moved by Erdahl, seconded by Dickson, to amend the Fair Rent Ordinance by making the suggested amendments as outlined. The Mayor declared the motion defeated, 2/4, with the following division of roll call vote: Ayes: Dickson, Erdahl. Nays: McDonald, Neuhauser, Balmer, Lynch. Upon roll call vote on the motion to give the ordinance first consideration, the Mayor declared the motion defeated, 2/4, with the following division of roll call vote: Ayes: Dickson, Erdahl. Nays: Neuhauser, Balmer, Lynch, McDonald. Absent: Perret. The City Attorney suggested that a motion be made for the record directing the City Clerk to contact the Johnson county Commissioner of Elections to take whatever necessary steps to have this question placed on the ballot for the November 8, 1983, election. Erdahl so moved, seconded by McDonald. The Mayor declared the motion carried unanimously, 6/0, Perret absent. Moved by Erdahl, seconded by Lynch, that the ORDINANCE TO AMEND CHAPTER 31 TO PROVIDE THAT SIGNS ON PUBLIC PROPERTY BE LICENSED AND FOR ELIMINATION OF SUCH SIGNS BY JUNE 30, 2003, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Moved by Balmer, seconded by Lynch, that the ORDINANCE AMENDING SECTION 23-189 OF THE CODE OF ORDINANCES SO AS TO CHANGE THE SPEED LIMIT OF HIGHWAY ql FROM RIVERSIDE EAST AND NORTH TO THE NORTH CITY LIMITS, be 6/0, Perret absent. passage. �roll l Mayor declaredthemotioncarrute nanimous, ied 4 _s....._._..141CROFILMED.BY..._._.._i JORM MICR+LAB CEDAR RAPIDS • DES MOINES L.____._ r Council Activities September 27, 1983 Page 9 Moved by Balmer, seconded by Erdahl, to adjourn 10:15 P.M. The Mayor declared the motion carried unanimously, 6/0, Perret absent. MAKIAN K. KARR, CITY CLERK MARY C < WHAIISER, MAYOR r' y _MICRDFIWID BY- � ...j JORM MIOR+LAB •CEDAR RAPIDS •DES MOINES y T - 7e MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 26, 1983 Informal Council Discussion: September 26, 1983, 7:35 p.m. in the Conference Room at the Civic Center at the Civic Center in Iowa City. Mayor Nary Neuhauser presiding. Councilmembers Present; Neuhauser, Balmer, McDonald, Dickson, Erdahl. Absent: Perret, Lynch. City Staff Present: Berlin, Helling, Karr, Jansen, Farmer, Schmeiser•, Boothroy, Franklin. Tape-recording: Tape 83-28, Side 2, #605 -End, tape 83-32, Side 1, H1-2065. East Side Water Storage Tank. Council agreed with tlue memorandum on the storage tank. There was no discussion. Old Brick. Berlin said that Jim Harris would like to obtain additional information from the state so the matter is being postponed at Harrisrequest. Appointments. McDonald said that he favored Charlene Knox for the open position on the Housing Commission. Council concurred. PLANNING & ZONING: South Dubuque Street Right-of-way. Boothroy said that he would like the public hearing for both vacation and disposition set for October 25th. Boothroy said that both Bob Jansen and John Hayek would like the public hearringasyearlyy totas possible because they'll be in a position to convey the e developer sometime after October 13. A special meeting on October 17 or 18 would allow 15 days notice for the vacation and disposition. The agenda has been amended to reflect that the public is both a disposition and vacation. Jansen said that the 30 day period required before conveyance will expire October 13 and if this matter would be scheduled for October 18th meeting, the conveyance could occur the following week. The intention is to have no delay. Neuhauser said to set the special meeting for October 17. Building Permits Moratorium. Boothroy said that when the Council set the public hearing on the 1983 zom ng ordinance and map, there will not be a complete moratorium. Because of the process for adoption of the Airport Overlay Zone, some of the land around the airport will be covered by the partial moratorium governing change of use but not issuance of building permits inconsistent with the proposed zoning ordinance. A special moratorium must be imposed to cover the entire city. The Planning & Zoning Commission does not feel that it is necessary because of the time of year and process of passing the zoning ordinance by the end of the year. Buildings consistent with use under both the new and old zoning ordinances would not be prohibited. Copies of the new proposed ordinance should be available September 27th. It has not been determined how many structures would be made nonconforming under the new ordinance. Boothroy said that if the ordinance is adopted by December 31st lie doesn't see much need for the general moratorium. Neuhauser said the general moratorium doesn't seem necessary and should be voted down. _.._MICRDFILMED•BY�____.,.'. t JORM MICR+LAB S ..CEDAR RAPIDS • DES MDINFS i 1 ■ I'. INFORMAL COUNCIL DIS'_-�SION SEPTEMBER 26, 1983 PAGE 2 1983 Zoning Ordinance. Boothroy said the Council should set a public hearing on the 1983 zoning ordinance for October 17, 18, or 25. Erdahl suggested October 17 at 7:30 for the public hearing and then public hearing at the regular October 25th meeting. Berlin said letters will be sent to people who have appeared at previous public hearings on the issue, bringing the pW is hearings to their attention. Central Junior Nigh. Jansen said the Mercy Hospital attorneys are requiring the City to go through the procedure in the Iowa Code requiring a public hearing. At the September 27th regular meeting, a motion to set a public hearing should be passed. The public hearing will allow the conveyance. Neuhauser said that if there is any objections at the public hearing, she would be unwilling to take action that night. The public hearing will be held October 3rd with a vote on the following Tuesday (October 11). Roomers. Boothroy said that this proposed amendment makes the number of roomers permitted per dwelling unit consistent with the proposed zoning ordinance. In the single-family zones, the number of roomers permitted is reduced from two to one while in the R2, RNC -20, and R3 is reduced from three to two. In R3A, the number of roomers stays the same. Schmeiser• said that the Planning & Zoning Commission has changed the provisions for respective parking to only one-half space per roomer. Neuhauser asked that an amendment be made to make this consistent with the new zoning ordinance. Jansen noted that all single-family dwellings that have roomers under the present code would be permitted to continue in that status for one year and then they would be non -conforming or it would be a housing violation. Definition of family unit remains intact which would allow three unrelated people in each part of the duplex. Currently, four are allowed. Neuhauser noted that this still is very restrictive. 404-406 South Dubuque. Franklin said that developers wished to change these lots from residential to mixed commercial and residential development. This is consistent with the Comprehensive Plan and the Planning & Zoning Commission recommend it. Roughly 13 units would be allowed on the property under CBS, the same as the current R3A. CBS is requested so that commercial can be put on the ground floor. staff will evaluate on -street parking including meters. Traffic circulation developments. Themshave arkin Bxisted ram lpast. Parking is not ralred forechange t develoo p P 9 P Isa blockaway.Berlin noted that a short-term meters would help. Court Hill -Scott Boulevard Addition. This is a change from the original plan of a four-plex and two duplexes to two four-plexes with a single parking area accessed from Oberlin. Franklin showed details on a map. Variations from side yard requirements and parking design standards because of the placement of two buildings on three lots. Neuhauser said that the revision looks more sensible than the original plan. Zero Lot Line. Schmeiser noted that slight modifications have been made to the Zero LOt Line Ordinance to clarify the language and make the language consistent with the new ordinance. Placement of buildings on lots and lot size in particular zones were modified to match the new ordinance. Schmeiser noted that zero lot line dwellings must maintain a ten foot side yard on any side they don't abut another building. An easement from abutting owners must be obtained by zero lot line dwelling owners which would prevent abutters from building t:. _._ r._.._......,,.,MICROFILMED.DY._.__.....� JORM MICR+LAB J -CEDAR RAPIDS OE: MOINES _. Y INFORMAL COUNCIL DIE ` SION SEPTEMBER 26, 1983 PAGE 3 r— additions that would reduce the side yard to less than ten feet. The language of the changes should expedite adoption of the ordinance. First consideration will be at the September 27th meeting. Gilbert and Prentiss Rezoning. No discussion. 522 South Dubuque. No discussion. Highway Commercial. No discussion. Signage in RNC -20. No discussion. Des Moines Street. No discussion. Westgate Addition. No discussion. 624 South Dubuque Street. Franklin said that she spoke to Lacina and the problems with the property have not been resolved. Lacina understands that the rezoning will probably be denied at the September 27th meeting. Pyrum Subdivision Part 2. Franklin noted that the Planning & Zoning Commission has recomended approval. The developer will install the paving and the City will assume the costs for the difference in street width required to a maximum of $9,000 at a cost of $18.50 per cubic yard. Court Hill; Part 16. Franklin noted that when this plat was before the Council last spring there were questions whether the street should be opened and wehther the sewer hookup should be allowed. The Planning & Zoning Commission recommended denial based on inadequate sewer capacity in the downstream system as well as subdivision design considerations. Subsequently, the developer brought to staff's attention an agreement that was made between the City and developer giving the developer the right to hook up to the sewer. Jansen stated that the City purchased 2.68 acres from Plum Grove Acres a year ago for the new public housing site. The agreement included a provision that Plum Grove Acres would install an extension to the sanitary sewer. That agreement was adopted by the Council. The agreement was furnished to Plum Grove, Inc. They returned it to Mr. Seydel with a letter indicating that there were some changes made in the agreement. The transaction was closed and the agreement and escrow agreement were signed. Subsequently, it was discovered that language had been inserted in the agreement which permitted the developer to hook up to the City sewer system. Jansen said that the agreement signed differed from the agreement authorized by the Council. Jansen was not aware of the change of wording when the contract was signed. There is a question whether there is a valid contract between the City and Plum Grove Inc. Neuhauser expressed extreme displeasure with the actions of the developer. John Cruise, attorney of the developer, said that Jansen correctly reported the facts. Cruise emphasized that the contract returned to the City was a negotiated contract. Cruise said that he felt that the contract was negotiated between Mr. Glasgow and Mr. Seydel. Neuhauser said that she doesn't feel that the letter from Mr. Cruise which accompanied the revised contract was a valid notice. Jansen read the letter aloud. Cruise said that Seydel was representing the City. Cruise said that the cahnges were made before signatures were obtained. Neuhauser said the Council was not notified of the substantive changes to the agreement. Berlin said that iie doesn't hold Seydel �._- ... _....MICROFILMED .BY.._.__._,.-' l JORM MICR+LAB Jf` -CEDAR RP PIDS • DES MOINES INFORMAL COUNCIL DIF—SSION SEPTEMBER 26, 1983 PAGE 4 responsible for review of contracts. Erdahl said the question is whether the contract is now enforceable. Balmer said that someone should be held accountable for the mistake. Neuhauser• said that she has no intention of approving the resolution because of insufficient sewer capacity and questioned validity of the agreement between the City and Plum Grove. The Council agreed to discuss the matter further in executive session since it could lead to litigation. Franklin noted that the plat calls for Peterson Street to be extended and creates one large lot for which an additional access onto Scott Boulevard could be requested in the future. Balmer said that access onto Scott Boulevard shouldn't be allowed. Franklin said that Planning & Zoning Commission and the staff do not support the design, and that the developer had expressed a willingness to look at other designs. Urban Fringe. Erdahl called attention to the unwillingness of the Board to downzone. He also pointed out the problems with Area 9. Boothroy said that areas could be deannexed if they would never become part of the urban area. He said that Hunter's Run had problems being accessed to the sewer. Erdahl said the County is getting a legal opinion on the planned commercial process so small convenience stores might be allowed but not shopping malls. The Kirkwood sewer system would service the area. Strip developement shouldn't be a concern. Clear Creek Investment Development. Neuhauser said that the high tech proposal was recently developed. Berlin said that the University is interested in businesses that would interface between the University and private concerns. UDAG funding plus state interests make funding more likely. Neuhauser said the owner of the property seems committed and knowledgeable. Detailed talks detailing road access, etc. haven't taken place. UDAG funds would help the developer avoid front development costs for water, sewer, and roads. The development would just be on the east side of the new interstate. Erdahl expressed concern about sponsorship of roads, waternrains, and sewers in terms of tax abatement. Neuhauser said that three year updates for urban fringe could better serve the areas needed. Rundell Storm Sewer. Balmer said that the storm sewer is almost no longer cost effective. Erdahl said that he hates to spend $270,000 and not get the job done. Farmer said that the cost now is estimated to be $292,000. Berlin said that he'd like to see the issue deferred until detailed figures can be obtained. Balmer pointed out that the original estimate was $181,000 which was revised to $196,000. Erdahl suggested that the neighborhood be kept informed on the details. Berlin said the issue will be scheduled for the next informal discussion. COUNCIL TIME/AGENDA: 1. Dale Sanderson Correspondence. Berlin recommended that the City provide an easement or conveyance for the old Rock Island depot since it is a historical structure. 2. Johnson County Auditor Correpondence. Berlin said that the ocly problem with using the City Council Chambers as a replacement polling place for Central Junior High is that a regularly scheduled meeting might have to be rescheduled. Balmer suggested using the fire station and Neuhauser suggested the Civic Center lobby. Berlin said that space requirements and ��.'. ...._.. MICROFILMED. BY _...... I_ r l JORM MICR+LAB S -CEDAR WPM • DES MOINES r I j INFORMAL COUNCIL 01f'`SSION SEPTEMBER 26, 1983 PAGE 5 handicapped accessibility limits options. Neuhauser suggested an additional Recreation Center polling site. Berlin suggested using the Iowa City Senior Center. Berlin said that Tom Slockett would be present later in the meeting. 3. 820 Woodside Drive. Balmer said that he doesn't want to release the sidewalk lien and the sidewalk should be installed. Berlin noted that sidewalks can be forced in by threatening special assessments. 4. Parking Improvements (agenda item 20). Dickson asked why the Pelling bid was so much lower than the Engineer's estimate. Berlin said the estimate had to be based on previous experience. He added that the contract should be signed subject to filing of the necessary minority participation documents. 5. Polling Locations. Tom Slockett explained that other locations besides the Civic Center have been considered, but because the boundaries of the precinct are Washington, Dubuque, Dodge, and Bloomington streets, the choices of public buildings are limited. Mercy Hospital seems to be an inappropriate polling place. The Methodist Church has been a polling place in the past. Berlin suggested the Senior Center as a possible place and said he would have Bette Meisel speak to the Senior Center Commission about the possibility. 6. Parking Permits. Berlin said that the parking study was scheduled to end in September but that date will not be met because the agreement with the hotel concerning the parking ramp is still being negotiated and that will be a key to some of the recommendations. He added that the study should be done in the next two to four weeks. Berlin said that parking permits for the Clinton Street parking ramp are restricted to the upper levels. He said that Vitosh believes that permits may have to be reduced if Iriglr use of the ramp continues. McDonald noted that permits could be moved from the Clinton Street ramp to the Dubuque Street ramp. Neuhauser suggessted monthly permits be moved to the Dubuque Street ramp before the Christmas season. Councilmembers concurred with the suggestion. 7. Stop Signs. Erdahl asked about the Oakland and Court streets stop signs and the no right turn on red sign at Summit and Burlington. Berlin said that a report is forthcoming. 8. Systems Unlimited (agenda item 29). Berlin will check to see if there are limits to the issuance of IRB bonds for Systems Unlimited. Karr noted that the correct figure should be $375,000 maximum rather than $275,000. 9. Rent Control Ordinance (agenda item 32). Neuhauser noted that, if the ordinance is voted down, the public will have other opportunities for input. The Council has received additional material on the ordinance from various people. 10. Procter & Gamble Tour. Neuhauser noted the details of the tour. Balmer indicated he will attend. Berlin added that staff that meets with Procter & Gamble routinely is also invited. r... .... ._ _...,MICROFILMED BY. . JORM MICR¢LAB • CEDAR 116105 - DES MOINES i ( INFORMAL COUNCIL DIF 'SSION SEPTEMBER 26, 1983 PAGE 6 EXECUTIVE SESSION: Moved by Dickson, seconded by McDonald, to go into executive session, Section 28A.5b, litigation, to discuss strategy with council in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the disposition of the governmental I body in that litigation, and Section 20, collective bargaining, to discuss as a public employer, strategy regarding collective bargaining with City employee organizations, as such is excepted from the provisions of Chapter 28A according to Chapter 20.17(3). Affirmative roll call vote unanimous, 5/0, Perret and Lynch absent. The Mayor declared the motion carried. Meeting adjourned to executive session at 9:35. j j j I - . ,f i I i r I , •._. ----- MICROFILMEQ Y...__. 1 i -JORM.. MICR +LAB ` CEDARRAPIDS • DE. MOINES ` )J 0 E X E C U T I V E S E S S I O N SEPTEMBER, 26, 198 3 EXECUTIVE SESSION: September 26, 1983, 9:40 P.M. in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. ILMEMBERS PRESENT: Balmer, Dickson, Erdahl, McDonald, Neuhauser. Absent: Lynch, Perret. STAFFMEMBERS PRESENT: Berlin, Helling, Jansen, Karr. TAPE-RECORDED ON Reel #29, Side 2, 945 -End and Side 1, 01-02. Moved by Dickson,. seconded by McDonald, to adjourn to executive session under Section 28A.Sb to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the disposition of the governmental body in that litigation, and Section 20 to discuss.as a public employer, strategy regarding collective bargaining with City employee organizations, as such is excepted from -the provisions of Chapter 28A according to Chapter 20.17(3). Affirmative roll call vote unanimous, 5/0, Perret and Lynch absent. The Mayordeclared the motion carried. Moved by Erdahl, seconded by Balmer to adjourn, 10:00 P.M. The Mayor declared the motion carried, 5/0, Perret and Lynch absent. -T. MICft0E1LME0. BY ___.__ .. _. JORM MICR+LAB I -CEDAR R4I05 •DES MOINES T- 71 i t i ,j I E X E C U T I V E S E S S I O N SEPTEMBER, 26, 198 3 EXECUTIVE SESSION: September 26, 1983, 9:40 P.M. in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. ILMEMBERS PRESENT: Balmer, Dickson, Erdahl, McDonald, Neuhauser. Absent: Lynch, Perret. STAFFMEMBERS PRESENT: Berlin, Helling, Jansen, Karr. TAPE-RECORDED ON Reel #29, Side 2, 945 -End and Side 1, 01-02. Moved by Dickson,. seconded by McDonald, to adjourn to executive session under Section 28A.Sb to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the disposition of the governmental body in that litigation, and Section 20 to discuss.as a public employer, strategy regarding collective bargaining with City employee organizations, as such is excepted from -the provisions of Chapter 28A according to Chapter 20.17(3). Affirmative roll call vote unanimous, 5/0, Perret and Lynch absent. The Mayordeclared the motion carried. Moved by Erdahl, seconded by Balmer to adjourn, 10:00 P.M. The Mayor declared the motion carried, 5/0, Perret and Lynch absent. -T. MICft0E1LME0. BY ___.__ .. _. JORM MICR+LAB I -CEDAR R4I05 •DES MOINES T- 71