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HomeMy WebLinkAbout1976-10-05 Council minutesa '`MINUTES OF'OFFICIAL'ACTIONS OF'COUNCIL ofiCigaE,ette"Permit io`Centtal?Vendoi OCTOBER 5;-1976 Res: 1176-363, page 4/?_; approving C. li The cost of publishing the following pro - retie Permit. ceedings &claims is $ Cumula- tive cost to date during this calendar RES. 1/76-364, page 47S„ACCEPTING SAi year for saidlpublication is $ TARY SEWFR IMPROVEMENTS-IN:,WEDGC•WDOD as;done"by Southgate Dev;Co ,-;;Inc,, Iowa City City Council, regular session, 10/5/76, 7:30;P,11„ at the Civic Center. Correspondence: .S Wim fred Iiorgan, Present: Balmer, deProsse, Foster, Neu- traffic control at Gilbert &"'Jeffersc referred Dept. of Public hauser, Selzer, Vevera, Perret (7:35 P.M) Absent: none. ;Mayor Neuhauser presiding. .to Works; Cc Robert Holzhammer„ re violation - parking,;q>nd James: B, Brad y, Jr.'re v Thomas Anthony appeared and presented'a lation of-,'traffic,laws on- Grove ,St;, ferred to Police proposal for embargo of large truck`traf- fic•on'Kirkwood Ave. and requested-Coun- Dcpt:.; Adrian Hogben tornado turning ai ens;.'Adrerred=gben cil'action betaken on alleviatingthe - Mgr,; t:wo petitions, re future of Hap problems caused by these`trucks. City Mgr. Berlin stated that 464,64, Code Hollow Park, referred to Comm., -'Jodson, Patti Monserud,"re"miniDev, of Iowa, authorizes -Council to designate referred:to Parks '& Rec. D- t. ;. truck routes and explained a new traffic code procedure would be. presented in the Affirmative roll' call was unanimous, near future. ; MayorNeuhauser stated this Councilmembersspresent'. ; matter would be discussed at the end of the month. Moved by Balmer, seconded by I'eriet, approve the Mayor's a y ppointment..of Ro After City Clerk Stolfus requested 'Res. Bohlken, 1906 Broadw�a.y ip t:6-fi11 the v Approving Cigarette Permit -be added to the cancy with 'i he term expiring 7/5/78 0 Consent Calendar, it tots mooed by Foster, Comm; on Conununity{Needs ,;Motion car 7/0' seconded by Perret,'that the following agenda items and recommendations in the Consent Calendar be approved and/or adopt- Moved by del'rosse ,. seconded by Perret 'ed as amended: - fund the,Johnsan Co. Arts-lwitl $50'"per mo. after its present grant ri Minutes of official actions of reg. Coun- cil mtg, of 9/21/76, subject out and until June;'77. Motion`carri 4/3 Balmer, Selzer, (and Vevera=voti_ to:correc- tion, as recommended by the City Clerk. '`no". Statement from Harold Ambrose concerning Councilwoman dePrgss'e �ummar•Ezed-=the=' Steering Comm. change of trade name from Dirty Harry's to Moody ;Blue and addition of trade -.Transportation she:atill in Washington, D.C., on (lct. •I fc)r, alit name; The Fox Hole, to its. corp. - Nat'l League of; Ci ties,;, council reported"on the Housing &?ComdBUnlY.,y DE Minutes of Bds, and Comms.: Comprehensive conferenceAie attended in:Dubugd2 from 9/29 - 70/1: Plan Coord, Comm. - 9/9/76; Housing Comm,- -9/8/76; Riverfront Comm, --9/9/76; Bd. of Adjustment - 8/4/76; Parks.& Rec. Comm. - The Seifert: request fot pet mission 1 9/22/76;,U,A:Y. Bd. - 9/23/75:: a covered opening .in t:he' idewalk was; cussed by ,Council. - Cit''Att�.. Hayek;i Permit Res., Book 36, recommended by•City Clerk Res. 1x76-356, formed Council the; procedure for:acqui tion the alley might take from`:3,tc page 465, approving Class B Beer Permit and Res, #76-357, page mos, and.itivolved identification'of 6%1 466, approving'Class 6`Beer Sunday Sales ship, appraisals, negotiations,and a< for tlaid-Rite'Corner, 630•Iowa'Ave.; Res. #76-358, 467,':approving sible condemnation-:proceeding-tlfter= therj iscussion, Mayor Neuhauser asked page Class B Beer Permit, and.:Res. #76 -359, 468,a rov- PP Hayek to report to,Councit.;in onemont -.page ing ClassIB Beer Sunday Sales for That to`how cum Ticated 'this mztter would=b P Deli, `620 S. Dubuque; Res: X76-360,`'page Councilman -Selzer- the Eng>''ll also'�nvestigate this "All 469, approving Class C'Beer Permit for mat.zr .-There no Council o��ect�ons Qui:, -Trip #503, 123 W. Benton; Res. #76- 361,.page 470,rapproving Class 'A"Liquor Lic^nse;for Grace & Rubies, 209-N. Linn; City"Atty Hayek stated t e Perpetual, ^,P,es r76-3o2,;_pee 4Z1zaporoGina-refund and I/1 State`Bank =,, ear,, negotia ions are,pro a ,mar_ ___ _,- �uiea v�th;Old Capitol Assoc, on', 8.. Selzer expressed his concern to a:beltline seconded oy:Selzer,;;that the rule qui ring that"ords must-be,'con -de P around the City forarucko traffic, I( and voted .on"for passage at•_:ttvo ` mtgs.:prior,to ,City Mgr, stated if Coun-_ cil would wish to'implement the mtg at:►vhich': to be:finall this pro- gram, its `cost could be incorporated into the_C.I>P, . Passed.;be suspenoed and best and-.second°cons' deratio which will be updated in; he next four=months.. Vote. vote be waived, and that,tfie.ord voted upon After discus- Sion, it was decided to request for final`` - time, Passaat aI Affirmative that Public Works determine what r -o -w Mould` be; needed roll call . -vote: unanimous, all, Councilmemh'6 for the beltline and find out what Plans the developer has pre: Moved by Foster, seconded by ;Selz( that.ORD.-176-2810, for , Scott Blvd. before the;C.I.P, is discussed. as recorded it Book 10, Pages it Councilman Faster -requested that NED.AREA DEVELOPMENT FOR A &IVAP1 finally adopted at.this press releases d• ;the ti".- 1 time;: Affi ivorce ticketing.;from ro 1.ca17 vote was unanimous,_ all'. to5iing,- noting _that the City is not in Counc•ilmembers present. the towing business -= a private indi- vidual is doing the towin M - oved by Selzer s 9. econded by B adopt RES. 76-365> Res.' Book3 Councilman Balmer questioned as to when 47475, ACCEPTING PREL '&"FINAL the"Riverfront Comm.'s request for in h PY H APTS. Affirmative roll;>:4 formation,.on'the acquisition of land was unanimous, all Counci_lmenibE would be discussed: Mr. Berlin 'stated this matter -could be determined after Public hearing was held to 'iezc the 'funds are identified upon the>Cit•ps-- Hi11, Scott Blvd Add.: buying out the�Fed.-Govt. in urban Re- RIB-and_R3A to',R1B.. C tS from ne:•�al. mar ized his report re;`Sevierng;'/ Councilmembers Balmer and deProsse in- Lucas and Larry SchnitLjer & R� dicated they would be absent from the Plum, PMo a Comm. appeared for sion. Moved by Foster; seconde informal mtg of the 18th and Balmer from_ ret, to -include the.memo'from?C the formal_ meeting of the,19th. Dietz as a part of i.he puhlic=h tion carried, 7/0 Public hrg, iioved by Selzer, seconded by deProsse, to return the amount of $4,670 to Con- Public hearing_was held-to..rezur -stance Merker re house located on 122 E. age Square from R3A-i:o_PC Wzor il Court St. ,Foster moved, and deProsse appearedand explained ;;the pei_it seconded to ;table the `motion in order to had submitted"earlier end p�^esen determine whether or not she should re- Petition; Of Objectors. Richard B ceive this amount of refund." Motion P,`& Z-Comm^'explained their_reas carried, 7/0, Gustav Fleers> Donald; Sutherland City Atty. Hayek presented an ordinance Miller, and Don,Patdubsky also a and presented 06- lions=of obj, amending the Parking Ord- by providin Others appearing''included Nanc,.+I 9 Jack Doyle, Lance I eves; and ;',�r; recourse against motor vehicles>parkin9 Bonney. 'Scott Bal^I:er;ratty „=,r on private property.- He explained -its t:•�o sections, impediment of-private•ac_ Square,., eared. Moved by ►? -rE cess to public way and parking upon;pri- onded by>dePr°sse, i:a acce t _vate property. council'later came to Or eti includding a etterspfre the consensus to con -d Lindh°ld Dal. RI to` Dietz -sum. �tty. Ed chard.-, . . discus d by Per - it y Eng. g :- Mo - 10/12/76. s� or the ordnance > c and Hertha Levis, and 0._J. and Miriam;Gingeri_ch,;and_make t y y. Hayek suggested Council sched- a part Public public hrg bio tion carr Cit Att 7/0, Public hearing closed, ule discussion on pending litigation within the next month or so.Mayor Neuhauser declared a brief recess : Public hearing was held on the Planned Public hearing was held;on-the.propose� Area Dev, of A;R H Avt Tree, • 0 d s.;-Atty;Alan Leff r .-amending Ord. appeared Councilman Balmer requestedestablishing reg, for planting o in:ormatio-'from tht_ City.Mgre s tohow Ord :.amending Ord;;,2584;-vj'.:Fcc m�nY.aPts ini--Iowa -ity provide-hendi Ord , and .Ord establishing add' capped-accessihiii+,.=->r... :�- -:,for of+a.l,+m. . _ .._ .. ... and Sem 6r.-"Planner.-Illick Gesh wiler -tere -' attenda ncie to aris . MA RYC wer questions:EUHAUSER Carole McCrane appeared and encouraged ABBIE STOLFUS _MAYOR - adoptionofthe tree planting plan. CITY CLERK Richard Blum also appeared.Councilman Selzer presented his October 19 1976 personal proposal. Public hearing.,closed. Moved by deProsse, seconded by Vevera, that the .rule requiring that ords.,must be considered and voted on for -passage MAYOR at two Council mtgs. prior to the mtg. at whichAt is to be finally passed be suspended,,that the first and second consideration and vote be-waived and that the Ord, be L11 I y �LLRK voted upon�forf i nal , passage at ,this,. time.: Affirmative-roll callvotewas unanimous, all Council- members present. Moved by deProsse, seconded byVevera, that ORD. #76-2811, 2 as recorded in Ord. Book 10pages 43-44 AMENDING-ZONING ORD: 2238 BY.CHANGING THE..USE REGULATIONS, OF CERTAIN PROPERTY FRO-M RlA to RIB ZONE (20.3 acres Bryn Mawr Heights Add.) be finall- y adopted at this time.. Affirmative roll call vote was unanimous, all Councilmembers present. I-loved by deProsse, seconded by Vevera, that-ORD. AMENDING ZONING ORD 2238'BY CHANGING THE USE.-REGULATIONS OF CERTAIN PROPERTY- FROM RIA ZONE TO R2, R3, & RIB ZONES (several contiguous parcels, so. of-Bryn Mawr Heights 7) be considered and given second vote for passage. Roll call:' Ayes: -V' evera2 Balmer, Foster-, 7 �'l Neuhauser, Perret, Selzer. Nays: de- *Prosse. -Second consideration given Moved by deProsse, seconded by Foster, toadopt RES. #76 ' -366 as recorded in Res. Book.,36;ipge 476, AUTHORIZING CON- TRACT FOR REAL ESTATE APPRAISAL SERV. BETWEEN THE CITY AND 1014A APPRAISAL AND RESEARCH-CORP. Affirmative roll call vote was unanimous, all Councilmembers present. Moved by Foster, seconded by Selzer, to adopt RES. J6-367, as recorded in Res. Book 36, page 477, AUTHORIZINGCONTRACTFOR REAL ESTATEAPPRAISAL SERV. BETWEEN THE CITY-AND:,ROY:R. FISHER, INC,` Af firmative roll call vote was -unanimous, all Councilmembers present. Moved by deProsse, seconded by Perret, to adjourn the meeting at 11:00 P.M. Motion carried.-' .-A more complete description of Council act des vi -_J s on.-f i I e. i n-th - ffice -0 of .,.-�City4 CIerK-.:-�­--_: the' Z 4 if le z Al' J. 2- COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 21, 1976 7:30 P.M. The Iowa City City Council met in regular session on the 21st day of September, 1976, at 7:30 P.M. in the Council Cham- bers at the Civic Center. Councilmembers present were: Bal- mer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Absent: none. Mayor Neuhauser presiding. S. R. Huntley appeared and asked Council, in their delib- erations on urban renewal, to retain the Blackhawk (Washington St.) mini -park. Mayor Neuhauser explained that it was the recommendation of the consultant to market the land. Jeff Busch appeared and challenged Mayor Neuhauser to a debate on October 6, 1976, at 7:30 P.M, concerning housing and urban renewal. She accepted the challenge. It was moved by Foster, seconded by Perret, that the following agenda items and recommendat amended: in the Consent Cal- endar be approved and/or adopted as mended: Reading of minutes of official actions of regular Council meeting of September 7, 1976, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Comprehensive Plan Coord. Comm, meeting of 8-26-76; Iowa City Airport Comm. meeting of 7-15-76 and 8-19-76; Iowa City Library Bd. of Trustees special meeting of 8-7-76; Iowa City Housing Comm. meeting of 7-21-76. Permit Resolutions, as recommended by the City Clerk as recorded in Res. Book #36: Resolution #76-335, page 428, approving Class B Beer Per- mit application for John Mark Oler dba/That Deli, 620 S. Dubuque; Resolution #76-336, page 429, approving Class B Beer Sunday Sales Permit application for John Mark Oler dba/That Deli, 620 S. Dubuque; Resolution #76-337, page 430, approving Cigarette Permits. Motions: Consider motion to approve disbursements for the period June 1 - 30, 1976, in the amount of $1,571,140.70, subject to audit, as recommended by the Acting Finance Director. Correspondence: Letter from P. M. Kvidera regarding housing situation in Iowa City for students. This letter has been referred to the City Manager's office for reply. Letter from the Iowa City Riverfront Commission regarding funds available for Iowa River Corridor Management. This letter has been referred to the City Manager's office for reply. Motion was adopted by following roll call vote: Ayes: Balmer t deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Motion adopted, 7/0. 0 LJ Page 2 Council Activities September 21, 1976 Mayor-Neuhauser an was.one v four-year term on=the Board of Electrical ppeals for acancy;;Eor a. a Journeyman Electrician,wcal the date of"October 26 expiration oin 196, Council 'Will be makin P tment on October 26, 1976." githis ap- There.was a the League of ort made by Mayor.Neuhauser.concerninq on September 20. Municipalities meetingr".held ;in -Cedar Ce al bonding, Topics, she noteng-eel uin Fids,,' Act and the transit subsidenue y bill, bill the CommunitymDevelopment Prowse, Linda Schreiber David Perret;;.Carolide meeting. _ and Neal Berlinialso attended _ the:• Councildiscussed complaints Perret concerning strict complaints cls, received b De t, y enforcementybCouncilman cated�t. mechanical operations: of the traffic the;Police,.. at. Madison and lights;.lo Property. o :erthority of Police concernin Burlington; and solvingythesetY Attorney Hayek'statedrtherekare, a private and, su Problems (i.e;, amending the:;Parkinptions ante) ggested this matter be discussed 4 Ordinance) It at can: informal session. RESOLUTIONS#76-338moved bY deProsse • as recorded sinoResa Booka36er, to -adopt.' AUTHORIZING ABANDONED BIe 431, CYCLE SALE b nt to dispose of=accumulated y- the;Police::Degartme calVe Ayes— deProsse,-FOster°les .on October 30,:.1976.re . Balmer. Resolution adoptedhauseer Roll / .:Perret, Selzer, City Manager. Berlin informed: continue to pursue the Council: that Buildin investigation of a staff would . g Official position". applicants for the 'A public hearing was held on the Commi'ssion's recommendation to rezone-Plannin parcels of land several contiguous south-of"Bryn Mawr:Heights,7. guous:r, A Public hearing was then held on an application sub mined by Bryn:Mawr Heights, Inc,,to rezone alB.,20.3 acre tract'of'land from RlA to Council of objectorsttoRrezonTwo-Two ling,'of Hawke a g".this,:land, presenteg Y Engineering,' and Ernie: Lehman Dennis,Saeu - missioner, appeared -and st"ated that. -,the '.a.P6Z:Com raised by the objectors yl:,thought •the issues;:.: proposal. It had been taken `care; of. by, the second; file was moved by Foster, seconded by Perret, to theepublicahearinthe;two petitions and;'make;them a„part of made to have Mr, 4• . "Motion carried, 7/0;x, :A;;decision;,was Hayek meet with Scott Barker, Attorney, Page 4- Council Activities September 21, 1976 MUNICIPAL:CODE -0F THE ,CITY :OF:IOWA:CITY,.'IOWA)..WITH;RESPECT - TO THE -ISSUANCE OF AND RENEWAL OF.A CLASS AiPRIVATE CLUB LIQUOR LICENSE=be considered and given -second vote-;for,passage. Roll call: Ayes: Perret, Selzer, Vevera, deProsse, Foster, Neuhauser. Nays: Balmer.- Second consideration-,given,_6/1. After it was moved by deProsse, and seconded:.by Perret;,.:, that:the ordinance be considered) -and given first;.vote; for, ;<..,; passage,Foster moved and Selzer seconded, to substitute the;_ motion that the rule requiring that ordinances:must be.con- sidered and voted on for passage at two Council meetings prior to the meeting at which it`is_to be finally passed:be sus- pended, that the first.and second consideration and vote_ -be_ waived, and that 'the.ordinance be voted':upon,for:final-:passage at this time.; -.Roll call: Ayese Selzer,-'Vevera, Balmer,,,de- Prosse, Foster, Neuhauser,,Perret. ,Motion to_,substitute:_.;_(.-; carried, 7/0. Then it was moved by Foster, seconded by de- Prosse, that as stated in the substitute motion,,.:the;;ORDINANCE #76 -2808, -recorder. in Ord. Book -10, page �38-,,PROVIDING,FOR. A`CHANGE IN PROCEDURE -FOR ASSESSING FEES FOR SERVICES: PRO-,;,,: VIDED ' BY-THE-•WATER•DIVISION be finally adopted at:this)time. Roll call: Ayes: Vevera,•Balmeri:`deProsse,,Foster,r--Neuhauser, Perret, Selzer. Ordinance adopted, 7/0. It was moved by -Selzer, seconded.by7Vevera,,.to .adopt -..., RESOLUTION #76-341, as recorded in Res. Book 36, page 436, APPROVING THE PRELIMINARY PLAT OF EASTDALE MALL. City Attor- ney Hayek called attention to the memo from Asst. City Atty. Angela Ryan that the developer needs to comply with Section 9.52 -of the Municipal Code of the City of Iowa City concern- ing Large Scale Non -Residential Developments. Dennis Saeugling, Hawkeye Engineering, appeared. The roll call vote on the above Resolution was as follows: Ayes: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Resolution adopted, 7/0. City Attorney Hayek suggested an amendment to 9.52, possibly setting a threshold limit on existing buildings to trigger;''_ L.S.N.R.D.s. It was moved by Selzer, seconded by Vevera, to adopt RESOLUTION #76-342, as recorded in Res. Book 36, pages 437- 438, AUTHORIZING THE MAYOR TO EXECUTE A PERMANENT SIDEWALK EASEMENT IN FAVOR OF THE IOWA CITY COMMUNITY SCHOOL DISTRICT FOR THE HELEN LEMME ELEMENTARY SCHOOL. Roll call: Ayes: deProsse, Foster, Neuhauser, Perret, Selzer, Vevera, Balmer. Resolution adopted, 7/0. This resolution will grant the school district the right to erect a fence and maintain the walkway that connects Helen Lemme School to Hastings Avenue. It was moved by Foster, seconded by Balmer, to adopt RESOLUTION #76-343, as recorded in Res. Book 36, pages 439-440, PROPOSING TO CONVEY AN ALLEY IN BLOCK 46, EAST IOWA CITY, Zai v s^ O 1 =Omanf n v p Z°Dc T 0 r 0 low a O Z n Page 2 Council Activities September 21, 1976 Mayor-Neuhauser announced there ,wa four-year term on the-s_one..vaaancy;for a Board of Electrical: Examiners;;:and;,; Appeals,for a Journeyman Electrician,with the expiration date -"of October -26; 1980. :;Council,.will be`making_this ap- pointment on October 26, 1976. There was a report made by Mayor,.Neuhauser�:concerning the League of Municipalities meeting held -in Cedar Rapids_ on September 20: Topics, she. noted;[included: .,municipal bonding, the revenue sharing:bill,,the Community Development, Act, and thetransitsubsidy bill.,, _.;David Perret,:,Carol;de se, Linda sSchreiber, and NealBerlin-also-attended the;, meeting.- Council discussed complaints:received;by Councilman Derret., concerning strict bicycle enforcementaby-,the:;Police Dept., the mechanical operations of the traffic, -lights to cated at the intersection.of..Madison'and Burlingtony;and the.authority of Police concerning:cars.parked_•on;private property: <<City'Attorney Hayek"stated.,.there;are,options to solving 'these problems (i.e:,'amending thelParkingsOrdinance) and suggested this matter be discussed at.:an-informal-session. It was moved by deProsse, seconded by Balmer ..,. t RESOLUTION #76-338, as recorded in Res. Book 36 ' topage;ado, AUTHORIZING ABANDONED BICYCLE SALE by:the Police, -.Department' to dispose of accumulated bicycles'.on,October 10,11976.; Roll call: Ayes: deProsse} Foster, Neuhauser,:. Perret,,Selzer;, Vevera, Balmer. Resolution adopted,.7/0.° City Manager -Berlin informed Council that:stas for the would, continue to pursue the investigation of applicant Building Official position. - A'public hearing was held -on the: Planning_and;,Zoning. Commission's -recommendation to::rezone several,;contiguous; parcels offland south of Bryn Mawr. -Heights, 7. , A public hearing was then held on an application sub` mitted by Bryn Mawr Heights,.Inc.,-:.to rezone;a-,20.3 acre tract of land from R1A to'R1B.;c•.Two.petitions".were presented to Council'of objectors to rezoning .this;land Dennis,-Saeug- ling, of Hawkeye .Engineering,' and Ernie; Lehman,.; ;a <P&Z Com + .` missioner,' appeared 'and stated :that;-.they_.;.thought, ;the; issues raised by the objectors had been taken;%care;; of -,:by, the second Proposal. It was moved by Foster, seconded by'Perret, £o receive and file "the'two petitions.-and.•make :them a ;part of the Public hearing; Motion carried,_,?/0.;:A.:decision.-was made to have Mr. Hayek meet with Scott Barker, Attorney, Page 3 Council Activities September 21, 1976- and Bryn Mawr Heights, Inc., developer, to discuss this matter. The Community Development Dept. staff will deter- mine whether or not .the petitions will:require.anrextra- ordinary majority Council vote on the.ordinance to -rezone.- -,A public hearing was held on the resolution:.modifying the Urban Renewal Plan for Project Iowa:.R-14. Mayor Neu- hauser pointed out Council's consensus at the informal meet- ing'to amend the proposed resolution-.to::take out:the.proposed deletionOfstreet closings as,recommended-:-by::the.consultant: and the staff. The --result of;this is..that the.street.clos-, ings will be as outlined in the 'original Urban ,Renewal,P,Ian, , plus the addition of --Capitol Street between.Burlingtonand Court. The City Manager pointed out that this -.should not, -be, construed as placing the Council or staff in a position,;of-:- any recommendation concerning the ultimate decision relat- ing to street closures. Carol�Flinn,_2664-Hillside-.:Drive, appeared representing the First Christian:±Church-relative. to housing downtown:- She suggested an amendmentr:to;:.Sec.-B.,:.; Part 2, (M), on Page 2 of the Resolution;to add."especiallyr_ low-income elderly, and handicapped persons in Iowa_City°,.;, after the word "opportunities.":: Bob Welshy_2526.Mayfield Road, called;attention to six items.in the;Plan,•,including provision for parking, plazas,:research-facilities,:under- ground utilities, right-of-way on Dubuque, and housing, which were discussed. A'public hearing was held on the sale.of.real.property.. in Block 101,to Perpetual Savings and Loan Association, for $161;720, and to the Johnson County Realty Company_.(Iowa;; State Bank) for $195,222. Bob Welsh appeared and.requested;.., elimination of the provision for the 25' x 120' portion of land and discussed%the design of Clinton -.St. It was moved by Balmer, seconded byadeProsse, to.adopt , RESOLUTION #76-339, as recorded in Res. Book 36, pages 432- 433, TO SELL;REAL PROPERTY BLOCK`.101 TO PERPETUAL SAVINGS AND LOANASSOCIATION. =Roll call: Ayes::.Foster, Neuhauser-,,% Perret, Selzer, Vevera, Balmer; deProsse.:..:Resolution adopted, 7/0. It was moved by Balmer, seconded by;deProsse, toiadop-t RESOLUTION #76 -340 --as recorded .in Res.. Book.3.6;.„pages,434-. 4351'TO SELL'REAL PROPERTY, BLOCK 101F.TO.:JOHNSON COUNTY REALTY COMPANY (Iowa State Bank)... Roll.'call: Ayes: ;Neu , hauser, Perret, Selzer,-Vevera, Balmer,:deProsse, Foster Resolution adopted, 7/0. It was moved by Foster, seconded by-deProsse, that the nPnTMANCF. AMENDING ORDINANCE NOS -2605.(5.24.9 -AND 5.1124.1 0, Page 4 MUNICIPAL CODE OF TO THE ISSUANCE:OF LIQUOR LICENSE -be Roll call: Ayes: Neuhauser.Nays: 0 Council Activities September 21, 1976 THE<CITY;OF::IOWA CITY,:IOWA) WITH;RESPECT., AND RENEWAL OF -A CLASS A,-PRIVATECLUH considered_andr.given,second votevfor.passage. Perret, Selzer, Vevera, deProsse, Foster, Balmer.. -.Second consideration -given, 6/1. After it was moved by deProsse,.and seconded by Perret . -that•the'ordinance be considered and given first:vote:for; passage, -Foster -moved and Selzer�seconded.to.-substitute,.the motion that the,:rule requiring that ordinances, must be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it -'is to be.finally passed -,be sus- pended, that the first and second consideration3and:_•vote,be,,; waived, and that -the ordinance-be.:voted.upon-,.fOr,:final passage at this time. Roll call: Ayes: '.Selzer, Vevera, Balmer,_de- Prosse, Foster, Neuhauser, Perret: .;Motion to -.;substitute_-;__-• carried, 7/0. Then it was moved by Foster, seconded by de Prosse, that as -stated in the substitute. motionthe:ORDINANCE #76-2808; recorded in Ord. Book 10, -:page 38;•_,PROVIDING,;FOR,; A''CHANGE IN PROCEDURE :FOR ASSESSING FEES FOR,SERVICES,-PRO VIDED BY=:THE WATER•DIVISION-be finally.,adopted at -this Roll call: Ayes: Vevera, Balmer;:deProsse,-Foster,-:Neuhauser, Perret, Selzer. Ordinance adopted, 7/0. It wa"s moved"by Selzer, seconded.by:Vevera,r:to•adopt RESOLUTION #76-341, as recorded in Res. Book 36, page 436, APPROVING THE PRELIMINARY PLAT OF EASTDALE MALL. City Attor- ney Hayek called attention to the memo from Asst. City Atty. Angela Ryan that the developer needs to comply with Section 9..52_of the Muni-cipal Code of the City of Iowa City concern- ing Large Scale Non -Residential Developments. Dennis Saeugling, Hawkeye Engineering, appeared. The roll call vote on the above Resolution was as follows: Ayes: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Resolution adopted, 7/0. City Attorney Hayek suggested an amendment to 9.52, possibly Lsetting a threshold limit on existing kiuildngs £o arigger= .S.N.R.D.s. It was moved by Selzer, seconded by Vevera, to adopt RESOLUTION #76-342, as recorded in Res. Book 36, pages 437- 438, AUTHORIZING THE MAYOR TO EXECUTE A PERMANENT SIDEWALK EASEMENT IN FAVOR OF THE IOWA CITY COMMUNITY SCHOOL DISTRICT FOR THE HELEN LEMME ELEMENTARY SCHOOL. Roll call: Ayes: deProsse, Foster, Neuhauser, Perret, Selzer, Vevera, Balmer. Resolution adopted, 7/0. This resolution will grant the school district the right to erect a fence and maintain the walkway that connects Helen Lemme School to Hastings Avenue. It was moved by Foster, seconded by Balmer, to adopt RESOLUTION #76-343, as recorded in Res. Book 36, pages 439-440, PROPOSING TO CONVEY AN ALLEY IN BLOCK 46, EAST IOWA CITY, Page 5 Council Activities September 21, 1976 to John and Ella Reiland and setting:a public hearing;on-,Octo- ber 12, 1976. Roll call: Ayes: Foster,.Neuhausery:;Perret,- Selzer,-Vevera, Balmer, deProsse.' Resolution -adopted; 7%0.;_ It was moved by Foster, seconded by.Selzer,<to,adopt:...:. RESOLUTION #76-344, as recorded in Res. Book 36, page 441, AWARDING CONTRACT FOR THE, PURCHASE OF A 1250 G.P.M.PUMPER TO AMERICAN LAFRANCE. Roll call: Ayes: Neuhauser, Perret,,Sel- zer, Vevera, Balmer, deProsse, Foster. Resolution adopted,; 7/0. 'City Manager Berlin explained the funding. It was moved by Balmer, seconded by�Foster, to.adopt RESOLUTION #76-345, as'recorded in Res. Book 36, pages., 442 446,`APPROVING>LARGE SCALE NON-RESIDENTIAL DEVELOPMENT „KEN!S. Roll call: Ayes: Perret, Selzer,, Vevera,".Balmer,-:deProsse „ Foster;'Neuhauser. Resolution adopted,;7/0. Councilman-deProsse extended her appreciation to Community Development Director Kraft for his informational,lettei;to.Cedar Rapids Mayor Canney. .She stated.Mr. Canney,..relaye3 the,Iowa City comments and concerns on the H.C.D.A.=Act at-.the.U.S.,, Conference of Mayors in Albuquerque. It was moved by Balmer, seconded by Foster, to adjourn the meeting at -9:45 P.M. Motion carried, unanimouSly. CITY CLERK MAYOR • `, INFORMAL COUNCIL DISCUSSION OCTOBER 4, 1976 1:30 P.M. INFORMAL COUNCIL DISCUSSION: October 4, 1976, 1:30 P.M, Conference Room, Mayor Neuhauser presiding. COUNCILMEMBERS PRESENT: Neuhauser, Foster, Perret ' Selzer, Vevera, deProsse. Absent: Balmer, STAFFMEMBERS PRESENT: None Kraft Berlin Vann, Showalter, Stolfus' Schreiber, Geshwiler, Hayek, Schmeiser, Miller, Kushaiir AGENDA QUESTIONS Mayor Neuhauser commented that the public hearings, on Items 11 12, and 13 would be combined at the formal meetin all concerning the tree regulations. g as they are' Councilman Vevera advised that he would not vote for zoning of Plum Grove Acres (Court Hill after reading the Cit q the re- thatzoning En ineer�•'' Scott Blvd. Addn. #S) meeting. City Engineer report on this The Mayor -requested g• rezoning at the regular Councilman Selzer called attention to a discrepanc y tthe word- aterial o LargefScalethe mResidentiaplsubdivisionaining the Planned Area Development and for suggested that the Ordinance establishinA &—�artmen lution Accepting g the PAD He Oct. 5, g the LSRD be adopted at the regularand the Reso- The City Manager advised that he wouldcheckts it is possible. meeting on to see if Concerning the rezoning of the Haopv Hollow man Vevera advised that he would b p in Pla r°und, Neal Berlin Council - al pointed out that the staff was "no"• City Manager. an belused1foron in a previous bond issue, and that HCDAinvestigmone} might nation as a purchase. Council discussed the propert ' storm water detention area. property -s desig- Councilman Balmer asked for an ex Plan Coordinic, _Committee's planation of the Co�Yehe^n_ ve CZ, participatipn, recommendations concerning the Neuhauser stated that thecCPCCswantedetob Y Ha _ill. Mayor view, and to try and survey the entire get a wider point of Manager pointed out that there was it deommuni,ty. The City Process. The Mayor noted that there will be time to end the Council with an alternative e proposal. ion to and if she a tioned why Rauber had not commCouncilmanBalmercommented on the vegetation guide„ hd been consulted. The City Manager stated that Page 2 she had been consulted but she doesn't everything being put into it, and she and express her viewpoint, and is free Councilmembers agreed that she should on the tree ordinances. 0 Council Discussion October 4, 1976 necessarily agree with would be pleased to come to do that. Several come for the discussion Councilman Balmer also questioned why work had been delayed until the Land Use Plan and Zonln Ordinance was completed, and thought it should be at the top of tEie 'list for completion and why the tree ordinances (and Riverfront Commission brochure) had been worked on. Mayor Neuhauser explained that it has been started, but will take longer than other plans; much -of the Riverfront Comm. brochures had been done by Horton and the Stanley consultants. Councilman Balmer also pointed out the delay in getting the City Park improvements, and questioned why the environmental review had not been done earlier. The City Manager noted that the _ schedule had been presented, and the environmental review state- ments had been completed. He stated that it was imperative that all rules and regulations are followed, or we end; up in a hassle with the federal government. Councilman Vevera, added that if there was a bond issue on Happy Hollow, what was the money was spent for. The City Manager explained that after appraisal of the property in 1966, a motion to purchase the Happy Hollow playground was voted down by the Parks and Recreation Commission, and these minutes were accepted by Council. Mayor Neuhauser stated that the changes in M1 -M2 Zones and the Mgbi1a Home Ordinance are being held so that they can be a part of the total Zoning Ordinance. Councilman Balmer questioned, what the City's share of the revenue sharing would be. The City Manager advised that he had not received what the entitle- ment would be, but as soon as it was received, he would let Council know. Councilman Vevera asked if it had ever been determined who owned the bank of dirt in the vicinity of Emerald Street Apts. & Cal- vin Court. The City Manager stated that he would check it oft. Mayor Neuhauser proposed that some indication be given by Coun- cil concerning the alley behind Seiferts, and advised that she would ask the City Attorney later. Councilman Selzer asked whether or not the City had a policy that they were not inspecting sinalQ famil owner -occupied residences, because of the August report :From code enforcement dUYiBj_o_n, The Mayor replied that they were probably a result: of complaints. It was noted that the City does not charge a fee for inspections. Councilman Balmer called attention to the dispute as to who is taking care of the plantings on Wa'shintbn i Page 3 Council Discussion October 4, 1976 Street in front of the First National Bank, and stated that there was no grass, but weeds. Administrative Assistant Linda Schreiber advised that there was a question as to whether or not the City will accept the work in that area. The City Manager advised that there will be replacements of several shrubs and trees. Councilman Selzer commented that he had not as yet received the information from the Public Works Department concerning the right-of-wav_along Scott Boulevard. Councilwoman deProsse explained a complaint she had received regarding the WXD11g-tree being cut down in front of the house at 1817 C Street. The City Manager advised he would look into it. Mayor Neuhauser called attention to the letter in the pack- et regarding her appointment as a member of the Q=vn >tw De- velopment and Housing Committee of the U323te�1States Conference of Mayors. She requested Council's consent to attend the Novemr ber 7-8 meeting in Chicago and the January 18-19 meeting in Washington, D.C., advising Council that she would report back on these meetings. There were no Council objections. Councilman Selzer noted his opposition to the statement in Hous- ing Comm. minutes of Sept. 8 regarding the requirement 'that presale inspection of structures containing one or more dwelling units should be mandatory rather than voluntary. Councilwoman deProsse also asked if it had been determined what the legal interpretation was concerning the liability of the City on jia:7 spections. The City Manager commented that the legal staff would write an opinion. JOHNSON COUNTY ARTS COUNCIL Jim Evans, Donna Friedman and Mary Jane McLaughlin were present to discuss their proposal. It was pointed out that the, Arts Council has the use of an office in the Parks & Rec. Dept, area,. and the City provides staff assistance and some supplies, con- tributing approximately $11,000 in this manner. Friedman explained -the City Spirit Grant and the accomplish- ments of the group. McLaughlin discussed the funding, and the need for a Director. Evans discussed the solicitation of pri- vate contributions, noting that they are also beginning, a spon- soring membership category, through private business. It was noted that the Iowa Arts Council grant provided $2,700 for a director, which must be matched. Councilman Balmer noted the budgetary limits of the City. The City Manager pointed out if this organization is to be successful in the long run, it should not be dependent on the City for a handout: each year. Council- man Vevera expressed concern, advising that he is more inter- ested in correcting sewer and street problems. Councilman Selzer suggested there should be a happy medium, citing the Page 4 Council Discussion October 4, 1976 example of Project Green. A fund raising event is planned for December. The Mayor advised that it was hard when Council is trying to economize in government, with only a 7% increase allowed next year in the budget, to justify funding for a new* director position. The funding being asked for is $50 a month and office space. The City Manager advised that it could.be funded from the Aid, to Agencies fund. A .formal motion con- cerning this funding will be made at the regular council meeting. REHAB-- BPROGRAM Program Coordinator Julie Vann and Consultant Mike Kucharzak; were present to explain the financing packages for the Housing Rehabilitation Program and to define the rehab property stand- ards as presented in the September 29th memo. After Council approval of their proposed procedures, the Pn i*onm ntal review for the program should be ready by October 18th. The staff to be hired should be able to start by November 1st, and the pro- gram will be ready by November 15th. The time schedule for the environmental review process was dis- cussed. The review could be challenged. HUD's role has changed considerably. They make sure that we have followed prescribed advertising procedures, etc. Vann explained that any house that participates in the program will have to be brought up to minimum housing code standards, the, same standards that the enforcement division uses, for consistency. Other considerations would include (1) energy conservation, (2) fire prevention, and (3) incipient code vio- lations. These are in the order of priority. Kucharzak; ex- plained the rationale behind the figure used for grant ceiling. He noted that our minimum standards area typical code. In mid-November recommendations from staff and the major community lenders as to how to best work up options on financing program will be presented to Council. General contractors will be bid- ding on a package. Councilman Selzer called attention to the difficulties in ob- taining a building inspector, and commented that the success of the program depends on the adequacy of the inspection., it was noted that in Sec. 6.c.3., the income was yearly not monthly. Councilman Vevera asked whether or not the improvements would raise taxes. Kucharzak commented that some of the money would be used for deferred maintenance, or repairs, and should not raise the market value, but addition of a new room would raise taxes. Vann pointed out that thd by e grants will be processed �` the City, not the banks, and discussed the eligibility require- ments. Page 5 Council Discussion October 4, 1976 Vann explained their proposal that out of the total $450.,000' allotment, $100,000 was to be used for site improvements for the neighborhood (such as sidewalks); $125,000 used for a minimum of 25 grants at $5,000 each; $40,000 for a minimum of 8 forgivable loans. Kucharzak explained avoiding "wind- fall" for persons other than the low-income person being served; Mayor Neuhauser called attention to provisions for handicapped People. Kucharzak suggested taking this under consideration and having the Advisory Board include it as a specific objec tive. Councilman Selzer complimented Julie Vann; and Consult- ant Mike Kucharzak on their simple, straight -forward, well- prepared program. VILLAGE GREEN SOUTH Concerning acquisition of a bikeway path from Mercer Park to Scott Boulevard, and triangles for park land Co Dir. Kraft advised that the developer ' to dedy bev. the 40' strip (which is measured starting€from dthe edge: of the railroad right-of-way), East, the triangles ouldnbeadedicated mtotthe nCitye€orQheigh- walter out- borhbod parks. Parks and Recreation Director Sho lined their proposed plans for ground cover that does not need; much maintenance, and planting of pine tree seedlings. Coun- cilman unle questioned out thatt unleaccess to the triangles, and pointed ss the easements are fenced, it will do no good. Senior Planner Don Schmeiser pointed out the 10' easements for walkways to each triangle and explained previous discussion with the developer. the sanitar Councilman Foster asked, whether or not y sewer problems had been ironed out. The City Mans- ` ger stated that they had not. Council discussed the. deyeloper'is proposal to enlarge the B.D.I. sewer to take care of the addi- tional ground., Councilman Selzer asked that the Staff deter- i mine what the required capacity might be. The Mayor no ped that the subdivision could not be approved until agreement that sewEgal arrangements are feasible. The City Manager commented that thele was no way to determine what maximum develo ; bu what staff is looking at is the absolute figure available to B.D.I. uld be The observation was made that the triangles, about ,7 of an acre each, were useless land for the developer. Chairman of Parks and Recreation Commission Tom Cilek commented that, a specific agreement should be made concerning all five triangles,..In answer to the Mayor's request for his recommendation, the City Manager stated that the 40' was desirable for a bike path and the pocket parks would be O.K. Cost for asphalt was 9 Page 6 discussed and Council Discuss1on October 4, 1976 be used. It was suggested that recycled as a 401 The City Manager stated that easement, but not for he saw a const could' that the matter be referred the trian consensus jL a recommendat' back to gles, The Mayor su " Kraft mmend tion on the appropriate Community Develo g4E" ted on Tuesday, that he would width for Pment #car bring this a bicycle pabhl. information to Counc��, PARKING ON PRIVATE PROPERTY Police Ass -c Chief Harvey Miller Attorne called attention to the that cities y Tony KushnI" Remo froom Ing of unauthoriz have this As e result of ized vehicles Power, he had stopped e °Pinion Wingate, Gloria Dei Lutheran parking on the ticket; tian Church, were Private pert �, Present for Church, and Rev. Pro y• R�_v. was made that the the discussion, We, First CFu�is_ law to retribution polic The obsery cies, the After y was exposing those atioii Council directed City of past andpresent using the strongest law possible to Y Attorne Fre e vate property, control unauthorized tO draft the on pri�� It was moved executive by Poster and seconded b on Co session to discuss the y Perret immunity Needs, appointment too adjourn to Neuhauser, Perret, Selzer roll call Balmer, deProt $e committee carried, 7�0 e , and Ve dimer Upon vera voted ��ayen, r Poster, Motion Tape recorded on Reel 932