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Home My WebLink About1976-10-12 AgendaIOWA CITY CITY COUNCIL AGIi1VDA u I i i REGULAR COUNCIL MEETING OF OCTOBER 12, 1976 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON • 6 AGENDA REGULAR COUNCIL MEETING OCTOBER 12, 1976 7:30 PM Item No. 1 - MEETING TO ORDER ROLL CALL -A 'I Item No. 2 - PUBLIC DISCUSSION 7J r 11`r �� le' i".1F_ Vit/4x fT•S� t. FviL-CY ]tem No. 3 - CONSIDER ADOPI'lON OF -I Q, CONSENT CALENDAR AS PRESEVIED OR 1�M¢NDED.^ a. Reading of minutes of official actions of regullar Council meeting of September 28, 1976, subject to correction, as recommended bp, the City Clerk. b. Minutes of Boards and Commissions. (1) Mayor's Youth Employment Board meeting of September 27, 191((. (2) Iowa City Human Relations Commission meeting of September 2� 1976. c. Permit Resolutions, as recommended by the City Clerk. (1) Consider resolution approving Class C Beer Permit applicatixp for Continental Oil Co. dba/Doimtown Conoco 105 E. Burling; pn., d.�.ce'v<��r t.•r'yrri %• L3•c� �.. E'�,� •r •V'�il-. l�� ,: f_,f Correspondennce. (1) Letter from Mrs. William Marland regarding play equipment for Brookland Park. This letter has been forwarded to the Department of Parks and Recreation for reply. END OF CONSENT' CALENDAR I I I 'f Agenda Regular Council Meeting October 12, 1976 7:30 PM Page 2 Item No. q - CITY COUNCIL INP01NATION. c il Item No. 5 REPORT ON I .** TEMS FROM Tf, CITY MANAGER AND CTTY AnI a. City Manager FROM 1 y d b. Cit y Attorney / -. T . f 1 ' - i1 Agenda Regular Council Meeting October 12, 1976 7:30 PM Page 3 Item No. 6 - PUBLIC FEARING ON COWIiYING AN ALLEY IN BLOCK 46, EAST IOWA CITY, AN ADDITION TO IOWA CITY, IOWA. Comment: The purpose of this proposed conveyance of the alley is to clear title objections to a deed given by the City to John J. Reil,and and Ella M., Reiland on .July 31, 1964, which deed is not supported by any resolutici4E that can be found. No monetary consideration is required at this timed since the purpose of this conveyance is to clear title object,i,ons to a previous conveyance. A memorandum from the Legal Staff regarding this item is attached to the agenda. Also attached is.a copy of the Notice of Public Hearing which gives the location of this alley. Action: Item No. 7 - CONSIDER ORDINANCE AMENDING ZONING: ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R3A TO PC ZONE (800 :BLOCK WEST BENTON STREET - HERITAGE SYSTEMS) (first consideration). Comment: A public hearing on this item was held October S, 1976. The Planning and Zoning Commission at a regular meeting held on September Z, 1976, recommended by a 4-3 vote approval of an application submitted'by Heritage Systems to rezone a tract of land located south of Benton Street across from Seville Apartments from an R3A Zone to a P(Plannecj Commercial) Zone. The applicant is desirous of developing a small neighborhood convenience center on a 1.25 acre tract at the above location. In conjunction with the rezoning application, a Large Scale Non -Residential Development plan was submitted and simultaneously recommended for approval by the Commission which will be presented to , the City Council subsequent to consideration of this oudinanc0!. A staff report dated August 19 regarding this matter was. furnished with the agenda of October 5. Letters expressing objections to this rezoning were received from Dale D. and Hertha Levis, Vera R. 4ndhold and William G. Buss. Because of these objections, an extraordinary majority vote is required for approval. Action: Item No. 8 . CONSIDER ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING' USE REGULATIONS OF CERTAIN PROPERTY FROM RIA AND R3A TO Rll� AND R3A $ONES (Court Hill, Scott Boulevard, Addition #5 - Plum Grove Acres, Inc.) (first consideration). I Comment: A public hearing on this item was held October 5, 1976, The Planning and Zoning Commission at a regular meeting,held on September 2.a 19767 recommended by a 5-0 vote with two abstentions approval, of an appli- cation submitted by Plum Grove Acres, Inc., to rezone the above_parcels!,i It , i �`-- t 0 • SII 'r��` ■ 11 F I I 0 6 i 0 Agenda Regular Council Meeting October 12, 1976 7:30 PM Page 4 Item No. 8 - (continued) ' located west of Scott Boulevard and north of the easterly extension of Washington Street. At the request of the Commission, approval of the application would result in the change in location of an existing R3A Zone. A staff report dated August 30 concerning this item was furnished with the October 5, 1976, agenda. Action: Item No. 9 - CONSIDER ORDINANCE AMENDING ORDINANCE NO. 2238, THE ZONING ORDINANCE OF IOWA CI'1Y, IOWA, BY ESTABLISHING REGULATIONS FOR THE PLANTING OF TREES WITHIN IOWA CITY, IOWA, BY ESTABLISHING SECTION, 8.10.40. (first consideration). Comment: A public hearing on this item was held October S, 1976. The Planning and Zoning Commission on September 2, 1976, recommended by a 7'-0 vote adoption of the above Ordinance. The subject Ordinance is a revision of the Ordinance presented to the Planning and Zoning �ommiss:ion on August 19, 1976, which was recommended for denial by a 3-1 vote. Action Item No. 10 Ayr CONSIDER ORDINANCE AMENDING ORDINANCE NO. 2584, THE FORESTRY ORDINANCE', OF IOI4A CITY, I011A, BY REPEALING SECTIONS 3.38,S.A AND 3.38.11.A(3) OF Tiff FORESTRY ORDINANCE AND ESTABLISHING NEI4 SECTIONS IN LIEU THEREOF. (first consideration) Comment: A public hearing on this item was held October 5, 1976. The Planning and Zoning Commission at a regular meeting held on September 2, 19,76, recommended by a 7-0 vote approval of a proposed,Ordinance repealing sections of the Forestry Ordinance which are in confl#t with 'the proposed Tree Ordinance. This Ordinance was recommended for denial by a 3-1 vote at a previous meeting of the Commission held on ,August 19, 1976, but because of the revisions to the Tree Ordinance itself, it is now being recommended for approval. Action: ( ° , -Q Agenda Regular Council Meeting October 12, 1976 7:30 PM Page 5 Item No. 11 - CONSIDER ORDINANCE ESTABLISHING ADDITIONAL POWERS FOR THE BOARD OF ADJUSTMENT (first consideration). Comment: A public hearing on this item was held October S, 1976. The Planning and Zoning Commission on August 19, 1976, recommended by a 4-0 vote approval of'a proposed Ordinance establishing additional powers for the Board of Adjustment so that they may adjudicate appeals relating to the proposed Tree Ordinance. Action: Item No. 12 CONSIDER ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY, IOWA, BY PROHIBITING THE PARI.ING OF MOTOR VEHIC PROPERTY WITHOUT THE CONSENT OF THE OWNER OR LAWFUL P ING PROCEDURES EFFECTUATING SUCH PROHIBITION AND REPE 2 AND 3 OF ORDINANCE NO. 2642 (SECTIONS 7.06.6 AND 7.1 OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA Y OF IOWA UPON $RIVATE. SSOR,, ENACT - 7 OF CHAPTER 7 Comment: This Ordinance regulates the parking of motor vehicles upon private property and provides remedies for the enforcement thereof, Copies of this ordinance were furnished to the Council on October S, 1974. Action: A o i Ttem No. 13 - CONSIDER ORDINANCE AMENDING ZONING ORDINANCE 2235 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIA ZONE. TO R2, R3AND R1$ ZONES (SEVERAL CONTIGUOUS PARCELS OF LAND SOUTH OF BRYN MAWR (HEIGHTS 7) (final vote for passage), !! Comment: A public hearing on this item was held on September 21, 1976, The Planning and Zoning Commission at a regular meeting held on August 19, 1976, recommended by a 4-0 vote approval of the rezoning of several contiguous parcels, all Ln the Bryn Mawr Heights area south of Bryn Mawr Heights, Part 7, and north of the south corporate limits of Iowa City. Parcel 1 -- from R1A to R2 Parcel 2 -- from RlA to R3 Parcel 3 - from RIB to R2 Parcel 4 -- from RIA to R2 Parcel 5 - from R1A to RIB Bryn Mawr Heights and Company had originally submitted an application (Z-7609) to rezone the above parcels to zones which met with much resistance from adjoining residents. The applicant and the rosi,dents ,! later met and agreed to the above zoning scheme. A staff analysis of the original application was presented in a Staff Report dated :August 5, 1976, and was furnished with the September 21 agenda. Action: i • � I Agenda Regular Council Meeting October 12, 1976 7:30 PM Page 6 Item No. 14 - CONSIDER RESOLUTION APPROVING THE. PRELIMINARY AND FINAL pLAT OF LOUIS' FIRST ADDITION. 5-7633. Comment: The Planning and Zoning; Commission at a regular meeting held on October 7, 1976, recotmnended by a 5-0 vote and one abstention the approval of the subject subdivision located north of E'oster R6ad. The 8.9 acre subdivision consists of three lots as submitted by Mr. Norwood C. Louis II. Subject to said approval, the Planninng and Zoning Commission recommended that. (1) the signatures of the utility companies be provided on the plat, (2) that a-pote beipro, vided indicating the contour interval, (3) that information be provided relative to the location of septic tanks for the development,,, and (4) that the developer create a plan for the area to ensure proper drainage. The applicant has requested that the -City Council give favorable consideration to this subdivision on October 12;so that a building permit could be issued for a second apartment building located on Lot 2 for construction yet this year. The applicant has assured the City that the above deficiencies noted will be corrected prior to the Cowicil's consideration of said item. 7, Action: L n a-c.e<.e. � Mlt J .• !-r .�e..t .0 tH!a,-C�:..., —' ' Item No. 15 - CONSIDER RESOLUTION APPROVING THE PRELIMINARY PLAT 6F f 1 $RYN MAIYR HEIG1TS, PART 8. S-7617. Comment: The Planning and Zoning Commission at a regular meeting held on August 5, 1976, recommended by a 6-0 vote approval of the subject plat submitted by Bryn Mawr Heights, Inc., and located west of Sunset Street extended, east of Estron Street, and south of Penfro Drive. The 20.03 acres being subdivided were rezoned from an R1A Zone to an R1B Zone at the October 5 meeting of the, City Council. The subdivision has been plat revised to incorpor- I ate the deficiencies and discrepancies noted in a Staff Report dated July 15, 1976, and is attached to this agenda. Action: �" (..� �':. �,.(•_, ��c I c�.J:J' i,.v�,,.e,,,, I i a f� a .. � ✓: - .- fi_ r t 1` .. ter � v . a« l Ry w rr ' } r . 1 n x,. � � R fj•�� ,f. 21� op rt r tf/ 1•r_ � ,t a �•�"� �J `r .. . • pa Agenda Regular. Coiurcil Meeting October 12, 1976 7:30 IM Page 7 Item No. 16 - CONSIDER RESOLUTION APPROVTNG TI IT: PRILIMINARY PLAT OF VILLAGEi GREEN SOUTH. S-7623 Comment: This item was deferred from the meeting of September 28, 1976. The Planning and Zoning Commission at a regular meeting,held,on September 16, 1976, recommended by a 7-0 vote approval of the subject preliminary plat located east, of Mercer Park and north of the CRIF,P RR contingent upon the physical improvements being,!made to the lift station and force main serving this development by the applicant prior to the approval of the final plat and a 40' stripe of open space along the railroad tracks being dedicated to the City for park and recreational use. The discrepancies noted in a Staff Report dated August 19, 1976, have been corrected. 7,ds Sta:Ef Report was furnished to the Council with the September 28 agenda. Action: poz'.. Ttem No. 17 Comment Action: Item No. 18 Comment Action: CONSIDER RESOLUTION NAMING A CERTAIN PARK LOCATED WITHIN THE, CITY LIMITS OF THE CITY OF IOWA CITY, :IOWA. In 1975, the City acquired a 3.3 acre parcel of ground in northeast Iowa City bounded by Green Mountain Drive and Concord Circle for park purposes. At the September 22, 1976, meeting of the Park and Recreatiiqn Commission, they recommended that this parcel be named Pheasant Hill Park. The attached resolution will officially name the park Pheasant Hill Park. � � y CONSIDER RESOLUTION AUMORIZING TITS JOHNSON COUNTY REGIONAL PLANNING COMMISSION TO APPOINT DELEGATES ON THE EASTERN IOWA AREA, CRIME CaMISSION. A letter was received from J. Patrick White, First Assistant County Attorney, regarding the reorganization of the area crime commission in Iowa. Johnson County is now in the area called Eastern Iowa Area Crime Commission. Because of the reorganization, new Articles, of Agreement are necessary, a part of which :is the proposed resolution. Mr. White's letter is attached to the agenda. 0 0 Agenda Regular Council Meeting October 12, 1976 7:30 PIN Page 8 Item No. 19 - CONSIDER RESOLUTION AUTHORIZING DISPOSAL OF PUBLIC PROPERTY. Comment: This resolution disposes of property, in connection with First _ Avenue realignment project, to Mr. and Mr. Thomas M berhasky�. r�-- — This disposal completes an agreement between the City of I and the Allberhaskys executed on December 12, 1972. Iowa City Action: Item No. 20 - CONSIDER RESOLUTION AUTHORIZING A REPLACEMENT CONTRACT FOR REAL APPRAISAL SERVICES BETWEEN THE CITY OF IOWA CETY AND :IOWA APPRAISAL AND RESEARCH CORPORATION, AND RESCINDING RESOLUTION NO. 76-366. Comment: The City Council approved Resolution No. 76-366 on October.S� 1976, and entered into contract with Iowa Appraisal and Research Cgrpora- tion. Subsequently, a meeting was held to provide detailed instruc- tions to the appraiser. As a result of this meeting, a major change in the appraisal work program was developed. This change necessitatesi the voiding of the prior contractand the issuance of a new contract, by mutual assent. A memo concerning this matter is attached. Action: Item No. 21 - CONSIDER RESOLUTION AUTHORIZING A REPLACEMENT CONTRACT FOR REAL ESTATE APPRAISAL SERVICES BETWEEN THE CITY OF IOWA CITY AND IIOY R. 1 FISHER, INC., AND RESCINDING RESOLUTION NO. 76-367. Comment: The City Council approved Resolution No. 76-367 on October 5, 1976, and entered into a contract with Roy R. Risher, Inc. Subsegtiently a meeting was held to provide detailed instructions to the appraiser As a result of this meeting, a major changge in the appraisal.irork program was developed. This change neces3itates the voiding of the prior contract and the issuance of a new contract, by mutual assent. A memo con erning this matter is attached to the agenda. Action: _ /� i a 0. ! Agenda Regular Council Meeting October 12, 1976 7:30 PM Page 9 Item No. 22 - CONSIDER A MOTION TO IUMNI , A CHUM 1101U.ION OF A RID FOR AN URBAN I6EWAI. 110USE SUBMI'MlE BY CONSTANCE MIM -ER. Comment: A check in the amount of $5,100 was received from Ms, Merker for a house in the urban renewal area. Dine to failure, to perform, the contract was terminated and Ms. Merker's bid is being; returned, less expenses ($4,670). Action: /`, / V-oo d 4 i Item No. 23 - ADJOUIOSgT. a City cof 100wa City MEMORAIIO NUM DATE: October 8, 1976 TO: City Council FROM: City Manager RE: Informal Session Agendas >ber 11, 1976 1:30 - 4:30 P.M. 1:30 P.M. - Auditor's Report 2:00 P.M. - Discuss Library building proposal with Library Board 3:00 P.M. - Discuss proposed arch:iteet:ural barrier removal program 3:45 P.M. - Sanitary Landfill Scraper 4:00 P.M. - Roviow Council agenda 4:15 11. NJ. - Council Time g 1976 7:30 P.M. Regular Council Meeting or 18, 1976 1:30 - 4:00 P.M. 1:30 P.M. - Review Council agenda 1:45 P. NJ, - Council Time 2:00 P.bt. - Sanitary Landfill charges 2:30 P.M. - Discuss Model Traffic Ordinance 3:00 P.M. - Traffic Enforcement 3:30 P.M. Discuss Budget Process 19 7:30 P.M. - Regular Council Meeting Pending List Alarm Systems - Police/.Fire Anti -Trust Ordinance Campaign Finance Ordinance Design Review Committee Authority Housing Inspection Program Parking Policy Resource Recovery, Coral.ville and University of Iowa Review Title XX with Bob Hibbeler 3/8 Risk Management Section 8 Housing Proposal $ Application 2/16 Pending Litigation