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HomeMy WebLinkAbout1983-10-11 Council minutesJ 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 Mary 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, #1-2065. i East Side Water Storage Tank. Council agreed with the 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 Harris' request. 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 hearing as early as possible because they'll be in a position to convey the property to the 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 zoning 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 he doesn't see much need for the general moratorium. Neuhauser said the general moratorium doesn't seem necessary and should be voted down. INFORMAL COUNCIL DISCUSSION 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 public hearings to their attention. Central Junior High. 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 RX CBS is requested so that commercial can be put on the ground floor. Staff will evaluate on -street parking including meters. Traffic circulation problems have existed in the past. Parking is not required for CBS developments. The parking ramp is a block away. Berlin noted that a change to short-term meters would help. Court Hill -Scott Boulevard Addition. This is a change from the original plan of a four-plex and twg 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 /erg 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 INFORMAL COUNCIL DISCUSSION SEPTEMBER 26, 1983 PAGE 3 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. SiQnage 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. Brum 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 he doesn't hold Seydel INFORMAL COUNCIL DISCUSSION 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, watermains, 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. Oale Sanderson.CSc espondence. 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 only 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 l INFORMAL COUNCIL DISCUSSION 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 201. 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. I. P0,11ing Locations. Tom Slockett explained that other locations besides thCivic 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 high 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. INFORMAL COUNCIL DISCUSSION 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 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. ■ OFFICIAL ACTIONS OF COUNCIL -9/20/83 The cost of publishing the following proceedings & claims is $ . Cumulative cost for this calendar year for said publica- tion is $ IowaC ty Council, special meeting, September 20, 1983, 7:00 p.m. in the City Manager's Conference Room. Councilmembers present: Balmer, Dickson, Lynch, McDonald, Neuhauser. Absent: Erdahl, Perret. Moved by Dickson, seconded by McDonald, to adjourn to Executive Session pursuant to Section 28A.5b to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent when its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 5/0, Erdahl and Perret absent. The Mayor declared the motion carried. A more complete description of Council activities is on file in the� PPffi�ce of the City Clerk. C - '"I�LA�-Pudu.�.AA.� s/MARY . NEUHAUSER, MAYOR s/MARIAN K. KARR, CITY CLERK Submitted for pulication on 10/4/83. 1 C I COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 20, 1983 Iowa City Council, special meeting, September 20, 1983, 7:00 p.m., in the City Manager's Conference Room. Councilmembers present: Balmer, Dickson, Lynch, McDonald, Neuhauser. Absent: Erdahl, Perret. Staff - members present: Berlin, Melling, Hayek, Jansen, Karr. Tape recorded on Tape 83-29, Side 2, 269-945. Moved by Dickson, seconded by McDonald, to adjourn to Executive Session pursuant to Section 28A.5b to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent when its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 5/0, Erdahl and Perret absent. The Mayor declared the motion carried. MARY C. NEUHAUSER, MAYOR MARIAN K. KARR, CITY CLERK W. OFFICIAL ACTIONS OF COUNCIL - 9/27/83 The cost of publishing the following proceedings & claims is $ Cumula- tive cost for this calendar year for said publication is $ Iowa City Council, reg. mtg., 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. 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 Official Council Actions, reg. mtg., 9/13/83, as published, subject to correction, as recommended by the City Clerk. 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, #503, 123 W. Benton. Approving Class C Beer Permit for Watt's Food Market, 1603 Muscatine Avenue. Approving class C Beer Permit and Sunday Sales for Central Pharmacy Center, 701 E. 1 Off. .al Actions September 27, 1983 Page 2 Davenport St. Approving Class C Beer Permit and Sunday Sales for Godfather's Pizza, 531 Highway H1 West. Approving Class C Liquor License and Sunday Sales for Hilltop Lounge, 1100 N. Dodge. Approving Class C Liquor License and Sunday Sales for Chez Andre, 1200 Gilbert Ct. Approving disbursements in the amount of $2,537,640.80 for the period of August 1 thru August 31, 1983, as recommended by the Finance Director, subject to audit. RES. 83-305, Bk. 79, p. 932, ACCEPTING THE WORK FOR THE SANITARY SEWER IMPROVEMENTS IN THE RESUBDIVISION OF THE MULTIFAMILY PORTION OF THE P.A.D. (LOT 62) OF PART TWO - MACBRIDE ADDITION TO 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 i 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 transit interchange, referred to the City Manager for reply. Dale Sanderson re the Old Rock 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, sewer 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 recommendation. 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 Li Off .al Actions September 27, 1983 Page 3 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 certified lists of applicants for the following positions: Treatment 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 Kubby for use of Blackhawk Minipark to gather people supporting the Fair Rent Ordinance and for use of sidewalks to parade to the Civic Center on 9/13/83, at 7:30 P.M., approved. Noon Lions Club to 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 Day Parade on 9/17/83, aprpoved. James Linn to sell Buddy Poppies in Iowa City on 9/24/83, approved. Affirmatve 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 10/17/83 on an ordinance to vacate and dispose of the South Dubuque Street right-of-way between Burlington and College Streets. The Mayor declared the motion carried unanimously, 6/0, Perret absent. 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. Off al Actions September 27, 1983 Page 4 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. A public hearing was held on an ordinance to rezone property at 404-406 South Dubuque Street from R3B to CBS. Atty, John Hayek, representing 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. 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 Off .al Actions September 27, 1983 Page 5 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. 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. Moved by Balmer, seconded by Lynch, that the ORDINANCE REZONING CERTAIN PROPERTY LOCATED AT 522 SOUTH DUBUQUE STREET FROM C2 TO R3B, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Moved by Balmer, seconded by McDonald, that the ORDINANCE REZONING THE ENTIRE HIGHWAY COMMERCIAL (CH) ZONING DISTRICT LOCATED NORTH OF 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 PROVI- SIONS 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 OF GILBERT STREET, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Moved by McDonald, seconded by Dickson, to adopt ORD. 83-3146, Bk. 22, pp. 140-141, REZONING LOTS 22-23 AND 64-71 OF WESTGATE ADDITION LOCATED ON KESWICK DRIVE AND l Offer al Actions September 27, 1983 Page 6 WESTGATE CIRCLE be passed and adopted. Affirmative rola 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 R3A. 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. Moved by Balmer, seconded by McDonald, to adopt RES. 83-307, Bk. 79, p. 934, APPROVING THE PRELIMINARY AND FINAL SUBDIVI- SION PLAT OF 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 prelimi- nary plat of Court Hill, Part 16. Council - members 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. A public hearing was held on disposi- tion of vacated portion of Lucas Street. 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. Moved by McDonald, seconded by Erdahl, to adopt RES. 63-309, Bk. 79, p. 936, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE CONSTRUC- TION 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. Off al Actions September 27, 1983 Page 7 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 assessment. 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 TANG LEWOOD-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, SPECIFICA- TIONS 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. 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 Off al Actions September 27, 1983 Page 8 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, SPECIFICA- TIONS 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 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. Off al Actions September 27, 1983 Page 9 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, Ferret 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 (LYON'S 2ND ADDITION), to Ahrens Construction in the amount of $73,045.40. Affirmative roll call vote unanimous, 6/0, Ferret absent. The Mayor declared the resolution adopted. 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 roll 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 Lynch, seconded by Dickson, to adopt RES. 83-321, Bk. 79, pp. 968-979, AUTHORIZING THE ISSUANCE OF $850,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, COMMERCIAL DEVELOPMENT REVENUE BONDS (LYMAN ADDITION ASSOCIATES PROJECT) SERIES 1983, WITH THE PROCEEDS 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 Off al Actions September 27, 1983 Page 10 AND DELIVERY OF A REAL ESTATE MORTGAGE; THE EXECUTION AND DELIVERY OF A SECURITY AGREE- MENT 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. 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 Off al Actions September 27, 1983 Page 11 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 Nawkeye 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, Perrot absent. F_ Off al Actions September 27, 1983 Page 12 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 unani- mous, 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 N1 FROM RIVERSIDE EAST AND NORTH TO THE NORTH CITY LIMITS, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Moved by Balmer, seconded by Erdahl, to adjourn 10:15 P.M. The Mayor declared the motion carried unanimously, 6/0, Perret absent. For a more detailed & complete descrip- tion of Council Activities & Disbursements, see Office of City Clerk and Finance Department. `6j jbjk s/MARY(C. NEUHAUSER, R s/MARIAN K. KARR, CITY CLERK Submitted for publication on 10/7/83 j COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 27, 1983 Iowa City Council, reg, mtg., 9/27/83, at 7:30 P.M. at the Civic Dickson, Erdahl,Lynch, Meuhauser cDonaldr,9Neuhauser�members Balmer, present: embers present: Berlin, Helling, Jansen, Boothroy, Franklin, Gannon, Farmer, I -End and S Karr. Council minutes tape recorded on Tape 83-31, Side 1, 1 -End and Side 2, 1-1796. Moved by Balm, seconded byp. 930, RESOLUTIONeOF COMMENDATION FORSSYLVESTERoNEUZIL. pt RES. BAM mati�ve79 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. he unced the llowing Week, TOctoberr1-8,�o1983, LocaloGovernment WeekatOctoberH3-8, 1983.igher 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 Official Council Actions, reg, mtg., 9/13/83, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Housing Appeals Bd.- 7/12/83; Airport Comm. -9/8/83. Permit ClassC BeerMPermit andrSu daynsalesyforeQuikCitTripeCorporationidba QuikTrip, 9503, 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 01 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. Approving amont 64.80 fo period of AugustiI thrumAugust n31,e1983. asorec2ommended0by they the Finance Director, subject to audit. f Council Activities September 27, 1983 Page 2 RES. 83-305, Bk. 79, P. 932, ACCEPTING THE WORK FOR THE SANITARY SEWER IMPROVEMENTS IN THE RESUBDIVISION OF THE MULTI -FAMILY PORTION OF THE P.A.D. (LOT 62) OF PART TWO - MACBRIDE ADDITION TO 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 transit interchange, referred to the City Manager for reply. Dale Sanderson re the Old Rock 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, sewer 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 certified lists of applicants for the following positions: Treatment 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 Kubby for use of Blackhawk Minipark to gather people supporting the Fair Rent Ordinance and for use of sidewalks to parade to the Civic Center on 9/13/83, at 7:30 P.M., approved. Noon Lions Club to 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 Day Parade on 9/17/83, aprpoved. James Linn to sell Buddy Poppies in Iowa City on 9/24/83, approved. Affirmatve 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 10/17/83 on an ordinance to vacate and dispose of the South Dubuque Street right-of-way between Burlington and College Streets. The Mayor declared the motion carried unanimously, 6/0, Perret absent. Council Activitie> 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 hones 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. 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/O, 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 R3B, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Moved by Balmer, seconded by McDonald, that the ORDINANCE REZONING THE ENTIRE HIGHWAY COMMERCIAL (CH) ZONING DISTRICT LOCATED NORTH OF 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. Affinnative 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 OF GILBERT STREET, be given second vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Moved by McDonald, seconded by Dickson, to adopt ORD. 83-3146, Bk. 22, pp. 140-141, REZONING LOTS 22-23 AND 64-71 OF WESTGATE ADDITION 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 R3A. 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. Moved by Balmer, seconded by McDonald, to adopt RES. 83-307, Bk. 79, p. 934, APPROVING THE PRELIMINARY AND FINAL SUBDIVISION PLAT OF 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. Councilmembers 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. 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 S FOroll , TRUCTIOalFvote unanimous CARINAL 6/0,OAD PerBRIDGE absent. The PROJECTAffirmative 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 clrcltrarepresenting Washington Partnership. t, The Mayor deaedthe moioncrriedunnimousl6/0, Perretabsen 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 PROJECT. IndividualTY DFOR THE CouncilmenbersEexxpressedORA theirECIAL viewsponitheASSESSMENT 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, P6 940, DIRECTING THE PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON TANGLEWOOD-VENTURA SPECIAL PAVING Perret absent. ASSESSMENT declaredatheeunanimous, 6/0, 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 rollOcallOv teEunanimous, 6/0P , erretRA ECIAL absent. TheNG AMayorMdeclaredAffirmative the resolution adopted. Council Activities Septe,nber 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 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 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. Affinnative 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 (LYON'S 2ND ADDITION), to Ahrens Construction in the amount of $73,045.40. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the resolution adopted. Council ActivitiL 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 N1 FROM RIVERSIDE EAST AND NORTH TO THE NORTH CITY LIMITS, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Perret absent. The Mayor declared the motion carried. Council Activitie_ Con}nmhun 77 1001 M N J W, COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES October 11, 1983 The Iowa City Council, reg. mtg., 10/11/83, at 7:30 P.M. at the Civic Center. Mayor Neuhauser presiding. Councilmembers present: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Absent: none. Staffinembers present: Berlin, Jansen, Knight, Hencin, Milkman, Farmer, Tippe, Holderness, Karr. Council minutes tape recorded on Tape 83-C6, Side 1 and Side 2, and 83-C7, Side 1, 1 -End. The Mayor proclaimed October 9-15, 1983, as Fire Prevention Week; October 24, 1983, as United Nations Day; and October 15, 1983, as White Cane Safety Day. The City Clerk announced three changes to the Consent Calendar: deletion of item 3c.(3) re Fairchilds Class C Beer Permit; addition of spec. mtg. minutes of 9/20/83; and the addition of a letter from the New Greek Council re Iowa City Awareness Week. Councilmember Erdahl requested that item 3e.(6) memo from the Traffic Engr. re "No Right Turn on Red" at Burlington and Summit Streetsto by eLynch6 secondedthe by Consent Perret, that the considered separately. following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions, spec. mtg., 9/20/83, and reg. mtg., 9/27/83, as published, subject to correction, as recom- mended by the City Clerk. Minutes of Boards and Commissions: Planning & Zoning Comm. - 9/15/83; Bd. of Library Trustees -9/22/83; City Conference Bd.- 9/26/83; Senior Center Comm. -8/11/83; Committeee on Community Needs - 9/20/83; Civil Service Comm. -9/29/83. Permit Motions and Resolutions as recommended by the City Clerk: Approving Class C Beer Permit and Sunday Sales for QuikTrip Corporation dba QuikTrip 11548, 955 Mormon Trek. Approving Special Class C Beer/Wine License and Sunday Sales for Schlo-Bar, Inc. dba Super Spud Food Shoppe, Old Capitol Center. Approving Class C Beer Permit and Sunday Sales for New Pioneer Cooperative Society dbaofea Pioneer Cooperative, 22 S. Van Buren. Refunding a portion beer/wine license to Fraser Foods Corp. dba 006, Ier SSUING CIGARud Food ETTE Old Capitol Center. RES. 83-326, Bk. 80, p. 1 ilrL Class Permit and iye5rMichael PERMIT. rM504E. RDonneand Larry Wate Burlington Street. Resolutions, Bk. 80: RES. 83-327, p. 1007, ACCEPTING THE WORK FOR THE PAVING AND THE STORM SEWER IMPROVEMENTS IN THE RESUBDIVISION OF THE MULTI -FAMILY PORTION OF THE P.A.D. (LOT 62) OF PART TWO- MACBRIDE ADDITION TO IOWA CITY. RES. 83-328, P. 1008, ACCEPTING THE WORK FOR THE SANITARY SEWER IN WALDEN SQUAREIE SUBDIVISION WORK FOR ITHE OWA CITY, IOWA. RES. 83-329, p. 1009 SANITARY SEWER FOR 1010, ACCEPTING SUBDIVISION, WORK FORPART THE FY83IOWA LANDFILL RES. 83-330, p. Ci Council Activi '�3 October 11, 1981 Page 2 EXCAVATION PROJECT AS CONSTRUCTED BY PARKVIEW COMPANY OF IOWA CITY, IOWA. RES. 83-331, p. 1011, ACCEPTING THE WORK FOR THE SANITARY SEWER FOR WINDSOR HEIGHTS SIXTH ADDITION IN IOWA CITY. Correspondence: Chamber of Commerce re the hotel project, referred to the City Mgr. for reply. Hillcrest Family Services requesting additional funds, referred to the Human Service Planner for recommendation. James Martinek with attached petition requesting a beer garden at Studio 114, 114 Wright Street, City Clerk and City Attorney are currently reviewing staff input in order to establish criteria for beer gardens and a report should be sent to Council in early November. Ed Zastrow, of Bushnell's Turtle, re the exterior dining room, referred to the City Mgr. for reply. John Hayek requesting an opportunity to present information to the Council re the Plaza Suite rezoning request, item 4d under Planning and Zoning matters on agenda. New Greek Council re Iowa City Awareness Week. Applications Streets : Laur VanDykeforu a offBlackhawkfM nipark for dapbake csale uons9/27/83, approved. Laura Tremmel for a two-mile Fun Run on 10/1/83, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor announced that item 3e(6) re the "No Right Turn On Red" on Burlington and Summit Streets would be discussed at this time. Individual Councilmembers expressed their views. Moved by Balmer, seconded by Dickson, to adopt the recommendation from the Traffic Engr. re removal of the sign. Councilmember Erdahl requested a roll call vote. The Mayor declared the motion to accept the recommendation and have the sign removed carried, 4/3, with the following division of roll call vote: Ayes: Lynch, McDonald, Neuhauser, Balmer. Nays: Erdahl, Perret, Dickson. Moved by Perret, seconded by McDonald, to set a public hearing for 10/25/83 on the proposed disposition of vacation items V-8301 (alley right-of-way between Lincoln Avenue and Valley Avenue); V-8303 (alley right-of-way abutting the rear of 522 South Dubuque Street) and V-8304 (Des Moines Street right-of-way). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on an amended preliminary and final Planned Area Development (PAD) and Large Scale Residential Development (LSRD) plan for Lots 94 and 95, Ty'N Cae Subdivsiion, Part 2. No one appeared. Moved by McDonald, seconded by Perret, that the ORDINANCE AMENDING THE ZONING ORDINANCE By REGULATING THE NUMBER OF ROOMERS PERMITTED IN VARIOUS ZONES, be given first vote for passage. Planning and Zoning member Tom Scott present for discussion. After discussion, moved by Balmer, seconded by Erdahl, to amend the proposed ordinance by eliminating multi -family dwellings. The Mayor declared the motion to amend carried unanimously, 7/0, all Councilmembers present. City Atty. Jansen noted the amendment would delete the reference to 8.10.8.1.0 categorized as C; 8.10.8.2.C.2 categorized as D; and 8.10.9 categorized as E. The Mayor declared the motion to give the ordinance first vote for consideration as amended carried, 6/1, with the following division of roll call vote: Council Activit October 11, 1983 Page 3 Ayes: Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: Erdahl. Absent: none. Moved by Dickson, seconded by McDonald, that the ORDINANCE REZONING PROPERTY LOCATED AT 404-406 SOUTH DUBUQUE STREET FROM R38 TO CBS, be given first vote for passage. John Hayek, representing the owner, appeared. Staffinember Knight present for discussion. Councilmembers requested that staff provide comparative parking and density information for current zoning, requested rezoning, and proposed new zoning for discussion by the October 25th meeting. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl. Nays: Lynch. Absent: none. The Mayor noted that the vote may change after the information is provided from staff. Moved by McDonald, seconded by Dickson, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and that ORD. 83-3150, Bk. 22, pp. 151-153, APPROVING THE AMENDED FINAL PAD PLAN OF LOTS 122, 123, AND 124 OF COURT HILL -SCOTT BOULEVARD ADDITION, PART 7, be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by McDonald, seconded by Dickson, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by 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 second consideration and vote be waived and that ORD. 83- 3151, Bk. 22, pp. 154-155, 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 voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Dickson, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Erdahl, seconded by McDonald, that ORD. 83-3152, Bk. 22, pp. 156-158, VACATING A PORTION OF THE DES MOINES STREET RIGHT-OF-WAY LOCATED IMMEDIATELY WEST OF GILBERT STREET, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Lynch, seconded by Balmer, to adopt RES. 83-332, Bk. 80, p. 1012, VACATING AN EASEMENT ON LOT 35 OF WINDSOR HEIGHTS 5TH ADDITION AND ACCEPTING AN EASEMENT OVER PORTIONS OF LOT 39 OF WINDSOR HEIGHTS 6TH ADDITION. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Dickson, to adpot RES. 83-333, Bk. 80, p. 1013, A CORRECTIVE RESOLUTION AMENDING THE LANGUAGE IN RESOLUTION NO. Council Activi October 11, 198s Page 4 83-279 APPROVING THE PRELIMINARY PLAT OF OAKES THIRD ADDITION AND IN RESOLUTION NO. 83-120 APPROVING THE PRELIMINARY PLAT OF PARIRIE VIEW ESTATES SUCH AS THAT THE DOCUMENTS ARE NOT REQUIRED TO BE RECORDED. Affirmative roll call vote unanious, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Balmer, to adopt RES. 83-334, Bk. 80, P. 1014, APPROVING THE AMENDED FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRO) PLAN OF PHASE I AND II OF MILLARD WAREHOUSE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on a proposed amendment to the 1983 CDBG Program and Budget. Tom Feldbush, 324 Post Rd., appeared to answer any questions re Nelson Adult Center. Moved by McDonald, seconded by Balmer, to adopt RES. 83-335, Bk. 80, PP- 1015-1016, AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1983 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract and cost estimate for the Rundell, Dearborn and Center Storm Sewer Improvements Project. No one appeared. Moved by Lynch, seconded by Perret, to adopt RES. 83-336, Bk. 80, p. 1017, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE CONSTRUCTION OF RUNDELL, DEARBORN AND CENTER STORM SEWER IMPROVEMENTS PROJECT AND AUTHORIZING BIDS TO BE RECEIVED NOVEMBER 1, 1983, AT 10:00 A.M. Councilmember Balmer stated he felt this project was a number one priority item but that it should be fully funded with block grant funds and for that reason would vote against the resolution tonight. The Mayor declared the resolution adopted, 6/1, with the following division of rollcall vote: Ayes: Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: Balmer. Absent: none. A public hearing was held on plans, specifications, form of contract and cost estimate for the construction of the 1984 Special Paving Assessment Project Tanglewood Street -Ventura Avenue, St. Anne's Drive. No one appeared. Moved by Balmer, seconded by Dickson, to adopt RES. 83-337, Bk. 80, P p. 1018-1019, ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR THE CONSTRUCTION OF THE 1984 SPECIAL PAVING ASSESSMENT PROJECT TANGLEWOOD STREET-VENTURA AVENUE, ST. ANNE'S DRIVE AND AUTHORIZING BIDS TO BE RECEIVED 11/1/83 AT 10:00 A.M. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Tim Ryan and Janet Kersey, representing the New Greek Council, appeared and announced Iowa City Awareness Day, November 3, 1983. They requested Council suggestions of areas of the city that could use some clean up for targeting that day. Councilmembers suggested coordinating C i! Council Activi-, October 11, 1983 Page 5 the function with the City Manager's office and thanked New Greek Council for the interest. The Mayor announced the following vacancies on Boards and Commissions: Parks and Recreation Comm. -two vacancies for four year terms ending 10/1/87; Bd. of Adjustment -one vacancy for a five year terms ending 12/31/88; Bd. of Examiners of Plumbers -two vacancies (one for a journeyman plumber and one for a representative of the public) for two-year terms ending 12/31/85; Human Rights Comm. -three vacancies for three-year terms ending 1/1/87; Mayor's Youth Employment Board -one vacancy for a three- year term ending 12/31/86; Senior Center Comm. -two vacancies for three- year terms ending 12/31/86; Riverfront Comm. -one vacancy for a three-year term ending 12/1/86; and United Action for Youth Bd.-one vacancy for an unexpired term ending 6/30/84. These appointments will be made at the November 22, 1983, meeting of the City Council. Councilmembers noted that some vacancies were for unexpired terms and encouraged people to re -apply. Councilmember Erdahl noted the large number of Board and Commissions vacancies and urged citizens to apply and help the new Council as much as possible. Councilmember Perret explained the procedure that would be followed for the public hearings on the 1983 proposed Zoning Ordinance and Map. Individuals wishing to speak are encouraged to sign in ahead of time, either at the City Clerk's office or in the hall prior to the hearing. Advertisements re the public hearings will be published. City Manager Berlin noted the materials are available in the City Clerk's office, the City Library, and the Planning Department. The Mayor noted she would be out of town for two weeks. Councilmember Balmer notified Council that University Heights was currently a member of JCCOG. He also requested staff investigate Benton and Sunset Street intersection for possible signalization. Balmer noted the Capitol Street railroad overpass was in poor condition. The recommendations from the CCN members amending the 1983 CDBG budget and program noted as follows: 1) Delete the allocation of $70,000 to Independent Living Inc. 2) Allocate $20,000 to Hillcrest Family Services for rehabilitation. 3) Allocate $50,000 to the Nelson Adult Center for renovation. A public hearing on the 1983 CDBG budget amendment was held this evening. Moved by Balmer, seconded by Dickson, to adopt RES. 83-338, Bk. 80, pp. 1020-1022, APPROVING CONTRACT AND BOND FOR IMPROVEMENTS FOR THE 1983 PAVING IMPROVEMENTS (LYON'S SECOND ADDITION). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Perret, to adopt RES. 83-339, Bk. 80, pp. 1023-1031, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE EMERGENCY HOUSING PROJECT, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND OPERATE AN EMERGENCY HOUSING FACILITY IN THE CITY OF IOWA CITY. The City Manager stated that sites for the facility were being narrowed and a final decision expected soon. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Balmer inquired about the status on the U Smash Em building. City Manager J Council Activi October 11, 198a Page 6 stated preliminary figures re remodeling would be forwarded to Council from an architect within a couple weeks. Moved by Erdahl, seconded by Dickson, to adopt RES. 83-340, Bk. 80, p. 1032, DIRECTING THAT ANY REVENUE RECEIVED BY THE CITY OF IOWA CITY FROM THE SALE OF CENTRAL JUNIOR HIGH PROPERTY BE ALLOCATED IN THE PARKLAND ACQUISITION FUND. After discussion, Councilmembers requested information from the Finance Director re investment, interest rate, and whether the fund is segregated from other City monies. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Lynch, to table consideration of an ordinance amending Section 31-32 of the Code of Ordinances of the City of Iowa City, Iowa, to make the starting time for excavation work consistent with the "Noise Control Ordinance." The Mayor declared the motion to table carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Lynch, to table consideration of an ordinance amending Section 24.4-4 of the "Noise Control Ordinance" to prohibit construction activities during certain hours. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Lynch, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 83- 3153, Bk. 22, pp. 159-161, AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA (parking/storage in parks), be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by. Lynch, seconded by Perret, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Dickson, that the ORDINANCE AMENDING SECTION 23-189 OF THE CODE OF ORDINANCES SO AS TO CHANGE THE SPEED LIMIT OF HIGHWAY N1 FROM RIVERSIDE EAST AND NORTH TO THE NORTH CITY LIMITS,.be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. 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 ORO. 83-3154, Bk. 22, pp. 162-168, TO AMEND CHAPTER 31 TO PROVIDE THAT SIGNS ON PUBLIC PROPERTY BE LICENSED AND FOR ELIMINATION OF SUCH SIGNS BY JUNE 30, 2003, as amended, be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by McDonald, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. J Council Activi'^, October 11, 1983 Page 7 Moved by Balmer seconded by Dickson, to adjourn to Executive Session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and adjourned to Executive Session, 9:30 P.M. .l11Lluu ` "a411�,t�u,,d0,� MAR( C. frUHAUSER, MAYOR MAR NTTK. KARR, LITY C ERK Ci I- 75�� Goal Setting Informal Council Discussion October 6, 1983 Informal Council Discussion: October 6, 1983, 1:00 p.m. in Room A at the Recreation Center, Iowa City. Mayor Mary Neuhauser presiding. Council Present: Neuhauser, Dickson, Perret, Balmer. Absent: Lynch, Erdahi, McDonald. Staff Members: Berlin, Hell ing,. Jansen, Karr Taperecording: 'rapes 83-C1, 83-C2, 83•C3, Sides 1 b 2 to End. Others: Zuber, Baker, Nychay. N. Berlin stated that the meeting was being held to provide the Council with background information for formal goal setting in early November and budget considerations in January. Each department head or staff member will give a short presentation reviewing departmental accomplishments, goals and problems. Council candidates were welcomed. LEGAL DEPARTMENT - Robert Jansen Accomplishments: Central Junior High settlement, zoning ordinance preparation. Goals: Continue crisis management, meeting council needs. Other: Jansen does not expect to hire an additional assistant attorney at this time. Paralegal assistance is not being used and the secretary is assuming some duties. LIBRARY - Connie Tiffany, Assistant Director Accomplishments: Received $10,000 from cable franchise fee to open AV lab to the public; allocated $32,000 to the materials project; started development of the library foundation; reopened Sunday afternoons and Thursday evenings; completed the 5 -year plan; sustained up to 15% growth in all services. Goals: Improve service, efficiency, private support, volunteers. Implement 5 -year plan. Start microcomputer literacy program. Tiffany showed a short video tape of the I.C. Library. The Foundation allocated money for specific collections and invested the rest. The goal is to have an ongoing source of funding. Terminal use has improved. University relations have been initiated to prevent problems of over use of the public library by University students. PLANNING AND PROGRAM DEVELOPMENT - Don Schmeiser Accomplishments: Adoption of the 1983 Comprehensive Plan; zoning ord nani ce preparation; College Hill downzoning; Planning and Zoning streamlining; sale of library; undergrounding facilities downtown; bidding the hotel; UDAG; pipeyard sale; close-out of old CDBG's; completion of North Branch dam and Ralston Creek improvements; completion of various reports; fund acquisition; transportation case study; transit facility; SEATS reorganization study; and fringe area agreements. Ci E Goals: Streamline subdivision filing procedures; adoption of zoning ordinance; adoption of subdivision ordinance; disposition of property agreement with County; information brochures; revise tree and sign ordinance; continued economic development; establishment of affordable housing; fund acquisition for bus systems; parking study; and Coralville bus route analysis. Problems: Communication with public about Comprehensive Plan and disposition of property in Ralston Creek area. Other: Schmeiser noted that PPD is divided into Urban Planning and Development divisions, Rural Planning division, JCCOG, and CDBG. The flood map should be done in about 6 months. POLICE - Harvey Miller Accomplishments: As listed in the oprating budget and officer assigned to full-time juvenile work. Goals: No new programs that would dilute police efforts; obtain space and materials to allow department to run efficiently; computerization. Problems: Increased work load; lack of space and materials. Other: Miller will provide a detailed follow-up for goal setting of new shared facility with Fire Department. Vitosh said the present computer system could be used by the Police Department but there are programming limitations. Berlin said ongoing studies will help determine appropriate computer use. FIRE DEPARTMENT - Bob Keating Accomplishments: Pumper purchased; responded to 1500 emergencies, including 500 first responder calls (medical emergencies); 2800 fire and housing inspections; fire extinguisher demonstrations and fire training (5000 people); CPR program (400 people certified). Goals: Training area, improve training, improve quality of inspections, department computerization. Problems: Finding a suitable place to train fire personnel, keeping fire personnel trained for housing inspection. Other: Keating said that Housing inspections are generally going well. The -fitness program has aimed at eliminating bad habits and encouraged good ones. 75% of the department uses the program which started two months ago. AIRPORT - Fred Zehr Accomplishments: Willowcreek Project; Youth Corp improvements; first option on IDOT snowblower; non -directional beacon radio transmitter installed; impact study on glide slopes. Goals: Obtain $2.7 million in FAA grants for runway extensions; ceration of airport property for industrial development; consideration of private construction of a hangar. Problems: Runway deterioration might require local funds for repair; a group is seeking to build a TV tower just west of Iowa City. Other: Zehr recommended against private construction of hangars. Balmer recommended against any improvements until the FAA conflict is resolved. Neuhauser requested a letter be sent to the Airport Commission stating Council position. TRANSIT - Larry McGonagle Accomplishments: Transit facility construction on schedule; bus grant; grant for transit information book; ridership increase of 2%; very good expense to revenue ratio (47%). Goals: Reorganization of staff; establishment of employee incentive program; grade school transit educational system; remanufacture-of six buses; purchase of microcomputer; four year transit study; trading advertising for services. Problems: Stabilization of ridership. Other: Berlin noted that interior supervision of construction has proven to be far superior to hiring outside supervisors. JCCOG has been helpful especially with interns. PARKS AND REC - Al Cassady and Dennis Showalter Accomplishments: Maintenance of cemetaries; pruning of small trees; survey of street trees; energy conservation; $43,000 drama grant; two soccer fields at Scott Dam property; high pool attendance (58,000 this year compared to 30,000 last year) at no increase in most expenditures; new sign at Rec Center; extended recreation team registration; increased use of school recreational facilities; senior trips program; street tree removal and replanting programming. Goals: Acquisition of a truck for forestry; lights and fencing at Mercer Pa—mandatory parkland dedication; Napoleon Park restrooms; reforestation of North Ralston Creek dam area; parkland acquisition through CDBG; acquisition of a computer; consolidation and restructuring of the playground program; provision of proper recreation facilities; increased university cooperation; corporate participation in fitness programs; preparation for 1985 Junior Olympics. Problems: Water loss at City Park pool. Neuhauser noted the barren look of the Ric Center parking lot when compared to Chauncey Swan. FINANCE - Rosemary Vitosh Berlin noted that when the last audit was performed, Dave Johansen detailed Finance Department staffing problems. Vitosh and Johansen have completed a modified management audit of the Finance Department and the Council will receive detailed reports starting this Friday. 1. Parkin . Accomplishments: Increased parking rates; extended ramp cashie hours; better ramp maintenance and less vandalism. Problems: Only one supervisor for all shifts. Lr 4 2. Word Processing. Increased workload with only 10% decrease in turn around time; new equipment ordered. 3. Treasury. Added cashier position; defined customer service area to improve service; advanced payment system designed. 4. Purchasing. Quadrupled service level in last five years. S. Print Shop. 30% production increase. 6. Accounting. In-house computer system implemented which has caused increased work load; microcomputer study has been started. 7. Finance Administration. Five year financial projection. j HUMAN RELATIONS - Anne Carroll i Accomplishments: Very low turn -over on City work force; high satisfaction iof the work force; increased labor input with employee evaluation committee; joint Police and Fire Department Committee; redesigned insurance package; wellness programs; in-house training programs; good minority participation; health maintenance organizations will be considered in the next two years. SENIOR CENTER - Bette Meisel Accomplishments: Nearly doubled the visitation rate while not increasing staff; 12,000 volunteer hours last year; 24 led classes; 29 services coordinated; 260 special events coordinated; active Eldercraft Shop; tour service provided; more efficient use of spacing including second floor rooms. I Problems: Parking draws complaints; one more staff person is needed to I coo d nate volunteer services. HOUSING AND INSPECTION SERVICES - Mike Kucharzak Accomplishments: 573 permits issued; $39,250,000 of non -University construction done in Iowa City; 465 plans checked with six-day turn around; zoning ordinance preparation; licensed 853 rental properties; 121 t complaint inspections; 26 request inspections; Fire and Safety inspection took in $51,500 in fees; shared housing programs. Problems: Can't anticipate work load; problem selling codes to the Commun ty; impact of rental program in Iowa City; personnel shortages; supervision shortage. Goals: Microcomputer acquisition; maintain flexibility; a full-time secretary might be needed rather than just a half-time; look at methods of i providing low cost housing. I Other: A replacement housing inspector should be hired by around November 1. There have been more housing complaints this year. C r - PUBLIC WORKS - Chuck Schmadeke Accomplishments: Treated average of 9.5 million gallons liquid waste; maintained and improved street service quality; expanded waste water collection and water distribution; reduced Ralston Creek flooding potential. Goals: To maintain existing and essential public services and expand them where necessary; obtain Federal and State funding for street improvements including FAUS, U -STEP, BRF, and State Grade Crossing Surface Repair Fund monies. Problems: Inability to secure federal funding to improve waste water treatment facility. Other: FAUS money can be used for Dubuque Street, Melrose Avenue and Sc—Boulevard Improvements. Toxic wastes are monitored at the landfill and rejected if hazardous. CITY CLERK - Marian Karr Accom lishments: Maintaining services in spite of loss of department head including appl cations and licensing; initiated half-time minute taker to free City Clerk for more important duties; working toward microfilming and retention of hard copy. Goals: Consideration of a microcomputer Problems: Ongoing storage problems. CITY ADMINISTRATION - Dale Helling Civil Rights, Cable TV, Energy Conservation, Equipment) Accomplishments: Reduced backlog of human rights violation complaints; using computer for electronic spread sheet; video tapes for new employees. Goals: Continue to refine equipment replacement schedule and obtain equipment as needed; attempt to continuously re-evaluate equipment condition; replace natural gas equipment in City fleet; perform follow-up energy audits; work on funding higher cost energy conservation measures; Put more government programs on government programming channel; establishment of tape library which liberates cable TV specialst Drew Shaffer for more important work; identify additional institutional uses for cable TV; establishment of replacement fund for cable TV equipment. Other: Neuhauser noted that there is little governmental programming on cable TV. Meeting adjourned 5:15 p.m. Y-- 7s INFORMAL COUNCIL DISCUSSION OCTOBER 10, 1983 Informal Council Discussion: October 10, 1983, at 7:30 PM in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. Councilmembers Present: Neuhauser, Balmer McDonald, Dickson, Erdahl, Perret. Absent: Lynch. Staffinembers Present: Berlin, Karr, Jansen, Schmeiser, Boothroy, Knight. Tape Recorded: Tape 83-C4, Sides 1 and 2, 83-05, Side 1 and Side 2, 1-100. PLANNING AND ZONING APPLICATIONS Vacation of right-of-ways. No discussion. Ty'n Cae, Part 2 Lots 94 and 95. Knight said that the number of units is the same as before but the units are up and down apartment style rather than town houses. The development will still become condominiums in the future. The parking is behind the units. Zoning requirements would have to be waived. The drive is within three feet of the interior lot line which is not a problem in a unified development. The parking design standards requirements would have to be waived because it does not allow parking spaces in front of each other as this Plan proposes. The Planning and Zoning Commission recommends approval. Because f of the neighborhood concerns, six parking spaces were added. In addition the Commission recommends that half the street be posted no parking as part of a separate incproposal reasedpartraffic is the king dur ng soccer seasons There was a changeginrothemwalkway location from the parking lot to the grass below the lot. This will require fvacation of the original walkway easement and establishment of the new easement. Ordinance Regulating Number of Roomers. Schmeiser noted the difference between the original draft and the current proposed ordinance. Particularly, in the original draft paragraph A allpws two roomers with a nuclear family or with two elderly persons. A family is defined as a nuclear family two unrelated people. A nuclear family is a group related by blood, marriage, adoption, or placement by a governmental or social service agency. Jansen read the current definition of family from the City Code, "One person can be a family or two or more persons related by blood, marriage, or adoption occupying a living unit as an individual housekeeping organization. A family may also be two but not more than two I persons not related by blood, marriage, or adoption." Jansen added that the definition fits current Supreme Court rulings and has been carried over to the new ordinance. Currently in Iowa City two unrelated people are a family and they may have up to two roomers. Two unrelated people will still constitute a family under the new ordinance but in some areas they may only have one roomer. One of the problems was the increased density in residential neighborhoods. This amendment is 50% more restrictive because a single family dwelling is limited to one roomer. The elderly were allowed an additional roomer under the original draft but the Planning and Zoning Commission eliminated that exception. The present recommendation is for a nuclear family plus one, or two unrelated people plus a roomer. Schmeiser said that ther is less of a problem with excess Informal Council Discussion October 10, 1983 Page 2 numbers of people in residences with nuclear families or the elderly. Jansen said that he is comfortable with allowing an extra roomer for nuclear families and the elderly in recognition of the realities that exist. Schmeiser said that staff will be bringing the Council an ordinance regulating accessory apartments or granny flats in residences. The Planning and Zoning Commission rejected the extra roomers as one more thing that might hold up the Zoning Ordinance. Elderly is defined as anyone eligible because of age to receive old age insurance benefits under Seetion 202A of the Social Security Act. Allowing this amendment would not require additional public hearings because it is less restrictive than the present ordinance. Schmeiser noted that comments were received at the public hearing plus a letter from Angie Ryan of the Apartment Owner's Association. The Council just received the minutes from the September 22 Planning and Zoning Commission's public hearing on the proposed zoning ordinance. McDonald said that this proposal primarily affects the RIA and RIB zones which are away from the downtown area. The Planning and -Zoning Commission recommended it for all zones but it was initially presented to them for R1A and RIB. They added R3. Neuhauser said that she was unhappy with the process that this was brought up with little notice and after the public hearing. Schmeiser said that for an apartment the present zoning ordinance with no changes allows a family plus three roomers for a total of five unrelated people. Housing and Inspection Services Department treats that as a rooming house because five occupants is a rooming house by definition in the housing code. By the zoning ordinance it still constitutes a dwelling unit. The ordinance before the Council reduces the number to four unrelated people than is presently allowed under the code. The amendment for the Council reduces the number of roomer from three to two in addition to the family. The section the Council is considering is just for single family residences. Enforcement of the violations is on a complaint basis. Rezoning 404-406 S. Dubuque Street. John Hayek introduced Mike Furman who wilt Fe involved with the development of the property. Furman referred to the drawings of the plan development which would include parking in the basement, E first floor office space, and two or three floors of apartment space on the 80 foot by 150 foot lot. The style and market would be a mini Ecumenical Towers with two bedroom condominiums available. If apartments are built in place of condominiums, industrial revenue bonds would be used giving the City another means of oversight. Offices could be used by real estate, dental, or law firms. ! McDonald expressed concern about the playground off the alley. Furman said the alley wouldn't be used for primary access with no walks from the alley to the apartments. There will probably be 16 apartments . About 45 parking spaces ! will be provided. Setbacks will satisfy residential requirements. Under the CBS zone, no tree requirements will be in effect. Berlin said that there shouldn't be any problem changing from the area parking from long term to short term parking. Court Hill - Scott Boulevard Addition Part 7 Lots 122 123 123. Waiver of the readings with final action has been requested by the app scant. Knight said that one legal document has not yet been obtained and reviewed but he expects everything to be in order by Tuesday's formal meeting. J Informal Council Discussion October 10, 1983 Page 3 RNC -20 Signage. No discussion. Des Moines Street right-of-way vacation. No discussion. Windsor Heights 5th Addition. No discussion. Oaks Third Addition and Prairie View Estates. No discussion. Millard Warehoe. Dickson noted that small trees have not been added to the P5,1 Kniusght said that trees will be added as the project continues. Visitors. Bruce Walker and Scout Troop #212 present.) COUNCIL TIME AND AGENDA I. Noise ordinance. McDonald asked if the noise ordinance is being enforced as passed. He noted that charges have been made under disorderly house provisions rather than the noise ordinance. Berlin explained that noisy parties result in a disorderly house charge. Dickson explained that the noise ordinance is a vehicle that they needed to carry out the disorderly house ordinance which they didn't have before. Berlin noted that building sites are also covered by the noise ordinance and there has been a clarification because of complaints about construction starting before 7:00 AM. Balmer said that he thought construction often starts before 7:00 AM because it is the best time to work. McDonald noted a problem with scheduling construction work because of hot days and the necessity to work around rainy weather. Neuhauser suggested that the new Council deal with the situation. Council agreed items 19 and 20 would be tabled. 2. Water, Air. Waste Management. Neuhauser reported on her meeting with the Water, Air, Waste Management Commission. The Commission considered 17 alternatives and will make a decision next Tuesday. 3. Finance Department Staffing.Berlin said that Finance Department staffing needs will be discussed in the next two or three weeks. 4. Parking. McDonald said he had gotten calls from women working in the mall who feel uncomfortable leaving the premises late at night to return to their cars. Berlin noted that they could park in the ramp at their own expense. In general, Council has decided that the ramp should be used by customers but if the mall owners and employees come as a group, the Council will listen to a proposal for different priorities. 5. Human Rights. Dickson related a question from Rusty Barcelo about the councilTs human rights policy. Neuhauser said that it will be considered by the new Council. The Human Rights Committee has been notified. Proposed Zoning Ordinance Boothroy said that initially the proposal had more of the area of the City zoned AG. Boothroy referred to the map and page 19 of the proposed zoning ordinance. The intent section has been changed to say that AG is a zone that would be changed to an urban density or classification upon provision of municipal Informal Council Discussion October 10, 1983 Page 4 services. The State Code was amended in 1983 to indicate that the use of agricultural zoning is within the powers of zoning. The Comprehensive Plan looks at short and long range land use. Short range has a very specific phasing of development as well as linkage to the CIP. Land that will not be used in the short range is protected by the AG designation. A rural subdivision would not allow future use as something else, for instance ORP. Use of the RR1 zone is for the areas not scheduled to be sewered in the Comprehensive Plan, therefore they could be developed as one acre lots on septic tanks and developed for rural residential uses. Areas have been zoned to be consistent with the Comprehensive Plan. All areas in the Comprehensive Plan reflect the general sewer plan for Iowa City unless the areas can't be sewered or are likely to be deannexed. The changes in the intent section help protect from unwanted urban development. Phil Leff wrote a letter to the Council inquiring about possible development in a particular area, but Boothroy explained that the area could not be sewer without a lift station. Boothroy noted that there is an RRl zone with --an odd configuration. The area on the peninsula is shown as the RRl skirts the Elks Club which results in the odd configuration. Erdahl noted that the AG zone protects the land from potential conflicting development. Boothroy said that any time there is a commitment to capital improvement, changes must be accommodated. Schmeiser detailed the reasons for required setbacks for the AG zones. Often County right-of-ways affect the setback. Density for Rooming Houses, Fraternities and Sororities Boothroy noted that the apartment owners as well as fraternities and sororities are complaining that the density requirements are too restrictive. Schmeiser explained that the new ordinance refers to the floor area of the rooming house I which includes fraternities and sororities. The present ordinance states that { the maximum amount of floor area that a rooming house may have is 330 square feet times the number of units permitted in the zone in which the rooming house is located. The new ordinance adds that the total number of occupants may not exceed one occupant for every 100 square feet of floor area. In an R3 zone which will become the RM -12 zone, one dwelling unit per 3,000 square feet of the land area is allowed. In terms of a rooming house, the total floor area allowed is 330 square feet times the number of dwelling units permitted on the lot. The new ordinance adds a provision that there must be 100 square feet of floor area for each occupant. Currently occupancy level is enforced on the basis of a minimum i of 40 square feet of sleeping area person for a rooming house. For example on a 12,000 square foot lot in an R3 zone with four permitted units, the number of people permitted in an apartment would be five roomers per apartment for a total of 20 people. Prior to 1981 on a 5,000 square foot lot, a lodging house could be built with a maximum occupancy level of 30 people. There has been a y problem policing the number of people staying at a rooming house. Because the University provides a list of the number of people staying at fraternity and sorority houses, the could be treated differently from rooming houses. Staff will submit language to the Council that will equate occupancy levels for fraternity/sorority houses to that of apartment houses in the same zone as outlined in Option 3 of the Schmeiser memo. Schmeiser suggested one parking space for every 200 square feet of floor space for fraternities and sororities as well as rooming houses but fraternities and sororities might need different standards. Erdahl noted that some existing fraternities and sororities have very little parking. Kate Head noted that parking for such organizations is either on the street or in University storage lots. Neuhauser noted that Informal Council Discussion October 10, 1983 Page 5 parking should be regulated by controlling parking on the street. Erdahl said that fraternities and sororities provide a neighborhood benefit regardless of noise and parking problems. Schmeiser noted that if a fraternity or sorority expands the parking standards are not retroactive to existing uses. They would only be required to provide the parking necessary for the addition and not for the entire building. Board of Adjustment Powers . Jansen referred to page 175 of the 9/22/83 draft of the proposed new zoning ordinance. He said that appeals have been codified. The powers (item g) are taken from existing State Code. The process for granting variances codifies applicant requirements. Variance is a matter of discretion of the board not a matter of right of the applicant. Basic minimal requirements must be met for consideration. Floodways are under special exemptions but are also referred to as special uses. Overlay zones have their own additional sets of standards. The Board of Adjustment has seen the ordinance and they would like more flexibility than the three prong test allows. Items B1 and B2 have been modified somewhat to meet Board of Adjustment objections. The Board still has discretion within the limits of the ordinance. The ordinance includes an application of the reasonable return rule only to variances to uses and not for other purposes. Hardship can't be of the property owners own making. The Board of adjustment will have to become acclamated to the new rules. Balmer said the Board workload could increase but the sign ordinance should be amended to decrease those appeals. Extraordinary Majority Boothroy noted the major changes to the by-laws by the Planning and Zoning Commission requires a minimum of 4 votes and not just a simple majority of those present. Erdahl noted that the Council's extraordinary majority rule requires six votes to overrule a 4-3 vote of the Commission. Neuhauser said the Council needs to be able to overrule the Commission with a simple majority vote of the Council. Schmeiser said that in the present ordinance that if the property owners owning 20% of the land to the rear of property petition for rezoning, object to the rezoning then a 3/4 council vote is required for approval of rezoning. That is also true in the case of the land opposite to the land petitioned for rezoning (not to exceed 200 feet). The new ordinance also makes it apply to the land to the sides of the property. That is more restrictive than the State Code. Public Hearing Public hearings are October 17 and 25. Perret will meet with Neuhauser re procedure as he will be chairing the meeting in her absence. Citizens will be able to sign up in advance or at the door to speak at the public hearing. Meeting adjourned at 9:55. EXECUTIVE SESSION OCTOBER, 11, 1983 EXECUTIVE SESSION: October 11, 1983, 9:30 P.M. in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. k COUNCILMEMBERS PRESENT: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Absent: None. STAPFMFbBERS PRESENT: Berlin, Jansen, Karr. i TAPE-RECORDED ON Reel #30, Side 1, 2005 -End. F Moved by Balmer, seconded by Dickson to adjourn to executive session under Section 28A.5b to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Balmer to adjourn, 9:50 P.M. The Mayor declared the motion carried, 7/0, all Councilmembers present. T- 7e