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HomeMy WebLinkAbout1976-11-16 Council minutesMINUTES 65 Ao FIiCIAL AC7.IQN� 'OF, "COUNCIL- . NOVEMBER .15„ 1976 The cost of pqf li,shing the foil, Wing ,pro- ceedings & cj alms i s .$..______:�; Cumula- tive cost to date during this; calendar year for said publication is $ Iowa City Gity Council, req, ,sessoh, 11/16/J, 6.; 7:30 P,M,, at the Civic •Center. Councilmembers presenta.Balmer, ddProsse, Foster,, :Neufiauser,i Perret,, Sel'ier, Vevera. Mayor Ne- uhauser Pres,dilig. Mayor Neuhauser proclaimed'the week of 11f15720/76 ,as Teacher Appreciation Week. Moved by Selzer,4seconded bys,Bolmer, 'that the fol.lowing,,agena' items. and.rec. in the Consent Calendar pe approved anO/bradopt- as,amended: Approval .of,mi�utes .of official actions, reg. ,Council, meeting,. '11/,?,/,16,'t6b'3ect to .cor.rect'ion, as,,- by Fity, Clerk'. Minutes of Bd.. &, Comm..: ? &. 4�'totn - 11/4/76;'CCN - I1/3/76;.Ri'verfront Comm. - 11/4/76. P, ermi t. files.. , as ,recorded_ i n 'Res'. 'Book 37, as res. by City 'Clerk: 'Re §:..#76=40?, page 577, approving Class C"Beer Permit appl, for Needs,,_ 18 S. Clinton St. Res. #76-403, page 578',. ,approV7lig. Cigarette Permits, Res. #78-404, page'57%,`to refund Cigarette: Permit tb Goody Shop, Clinton. St: Mall . ' Correspondence: The Breese'Co.., Inc:, re landfill use charges, referred to Public Works�Dept. Affirmative roll call vote was unanimous, all Councilmembers present. Council noted the Riverfront Comm.'s rec. for the City to cooperate with Project Green in implementation of the South River Corridor planting project. Comm. Dev. Dir. Kraft appeared and ex- plained the stipulations the City could impose when it has extraterritorial juris- diction. Moved by Balmer, seconded by Foster, that. RES. #76-405, as.recorded in Res. Book 37, page, 580, APPROVING PRELIM. PLAT OF LIME KILN FARM ESTATES be adopted. Affirmative roll call vote was unanimous, all Councilmembers present. Moved by Selzer, seconded by Foster, to adopt RES. #76-406, as recorded in Res. B4dk 3'1;:,'pages 1581-582; 3APP'0DVI�16iif4%' PLAT 'of EASTOALE MALL. ADD • OW; �ev. Di T .Kraft '�iroJided answers ;tii questions aske8 atnyesterday!s mtg. AffirnaiiKe roll.calih:'vote.Iwas unanimous, all Counctl- members present. "'' I h , Moved by db�ro§se: seconaegi adopt iRI_S:, #76x407; as recoX Book 37,;pages;,�583=5Ei4; AOOF &' F'INIiL ,LARGE SCALE NON',4E 0 P.LAN� OF' LOTt•11i & EASTDAL'E4 HaYdift:aopeared:,'Affirnat(i Vote was,•unanimous; all Cog! Mayor Neuhauser•commended, - and hi ,, I"staff i for the job N� Councgi`Iman Foster reported; and 'Comm. 'D&,, Conferences in .Cou.ici,h: Bluffs. +City ,' tention to, plans' for'the, 0, a sympbs :um :on the. whole -:q, housing: City Mgr. Berlin asked -Cot. staff should, proceed with i .am endments ta;tthe +81ifg% cac, the fiumbei^ of units, avaiAd handicapped. -G Brad Meyer;;; son CO: 'Cryt7zen's Comm.„ disoussibn,.-there,.was. no- a'n ainendment. ,be . drafted.., as as; ked: to .provide.pleye, property' owners, .where' lW have been ;constructed; an matter• Of' the`:si.tuation q� and the fireiwalll.. t1i Larry Lynch,, .Pres.i West, appeared ire. I nedt to th&XitY s Rule':' '0Tty:Mgr`i meetingheld with cil allowed the _s for•0o'reason .that, nr.: able for, was he able obligation to the; City Welst%}appeared. Moved to on the! IM10ng he hi ,jttendtd Mgr» lf ed: at= ity:.to,; Onwr uestiona,of- ncil drafting an e:,tb. }�crease, b,i.e• t4i11<he rep:.:t1ie ,.Jahtk appeared:, , :Afte' consensus ttjat The Gity-. Vg i' r With ,131,s'V'o es'si41 a �luhti<s.- d to: er,,plor� ith f row-;tjouS..i119 equesir;:lto scan- sewer:a;i kNe:�ad; And Cow U$KY untarilyc". annek.'=twis are;,' CdU'iicil+ w th specific r"ec .iafid!�Y'es''uIf, inipl''emQntation: aMotia !serried ueani mo�isay;, alT'Councilsembers,,presejtt; _ i Moved by Selzer and se5londe& b6 Bare allow the sewer 110kUp for the lyjch!prop� ertY, Att... NaY I ok 5fatedthat J : s'�clear lmthe,amendment that Zhap.,. 4091,tp'i to residential and comqie- plies, Should 66 no problem,' rcial,. so ther . e in the fZtureiwith, the Co. if iheI­6 is, the City, could. a lawsuit a could gainst the Cty Audit -'or ,and the, Co, Recorder to. enjoin' acce0t,Jhg,,ahy p, them from Robert Welsh,,Ask ats(or deeds of record, made d6ntjhgd6t edi,that the,moti -motion be, upon .1 Oi6hts�and voluntarily owner waiving Al the Proper 1hg-thbirproperty,,, eilY annex - and Balmer agreed Councilmen seli�r­ to add-,' to their motion. U, this. cont i n"g, e n cy and deProsse vote on roll call. -P d Pno"; Balmer, F' er Foster, ' eUhaus6k-, Selze), Oster, Mot* - * r j�.Ond Yeverivdted 11aye.11 1011 carried 5/2 asked t ' The City hgr.. was 0 Prepare 4 res. concerning Co I u n- C11�s* intention to (1) -take. a 'that. Iff th6re� was ­ Positi.6 n land ire that area further subdivision Of the :City would : area, Contrary to, law, I proceed: to take ,y- to Irect,if * - ,take action necessar I I y1ti, and 1(2) their Policy will be that there will bp�60 fur- ther sewer connections Outside city limits the land is ao I m ts nnexed,., City Atty. -Hayek stated that be,netwith the 'Humanr Relations- Conn. the. court -deoisiont. ' in rega'rd 'to, Ofi�the, Westing'hAuse Case. The"tomm rec., that 'thitity peal thedecfii�n�of pis,t.,Cou�t ap� by, d0rost6 and ��c6 , .. 'Movbd the C, seconded by FdsierAhaj. lty Council. appeal the decision ,with respect to the,,Westinghouse,cas� . imissioner C Sally Smith was'present. PM71 motion to appeal The: was addpted'unanimousl all COuncilmembers pres6rit:, Y, oved DY'dbProsse,seCOnded by, -Balmer, to adopt :RES. # ed in 76-408ij,asi irecord - Book, ',37, pages 585-�592. tAUT ed in Res. .Cdh TRACT F OR REUSE APPRAISAL REVIEW 'SE RViBETWEENITHE CITYAND, .- DEWAYNEGUERNSEY,f0r:urban renewallporco ' ,Affirmativerolli ca II este was unanimous; atl Council - members present., City MgN :Beelin,,reqUested •the -Council to ;defer the. RES.APPROViNG,tPR1EL­' AND. 1PLAT, i0F ORCHARD COURT AOn. FINAL no C600,11 :objectionsi: There Were M6ved,by­deProsseq seconded adopt, 'RES. 176-409, i as. �r ,by Nrret, u 'Book pages I I � TCOrded ' 3 , 593� ies.' SIGN TRAFFIC 595, AUTHO�IZiNGiMYdk4O TRAFFIC SIGNAL AGREEM,ENT,,WIT",UNI,V. OF IOWA; signal 'to:be'fnstalled at the, intertection.of Melrose and,W061f,Ave Affi a rmative, rol+ call I I vot all Councilmembers present,, 'Was unanimous I Moved bv dpprn«.�1 to odopt,,RES. WT A No M' AND Cu'ARk, MO,ti .., _ I. %11t: res. , 00 to til sect o def ei� .c'ae� d6prOs L 512`1, wi anc�- Neuh�r6j6r,' tu ,N Robert; Welsh 4 Ppeated:it _ J Moved by rost6r, adopt sedqnde to dW PE�. #A41 0, §00"k 37. Fi;i R- or 40 431n'! R610_� i uy, Piet piverilal Inc. AffirmaflQ,-, unanimous, . ,1,VaV ajlF Cou.. P11 7, W�ft 'isent. 7-, %Od by' t - :1 �d ". -1 1 � .. id econ NO b, I t�il _! -P , , .1, , 6� loq as, record i 'page 6 -i WIT! tm,�11 P4 i Awn L. L. Pel,lin§" "' ylu�, ADM V, vote Was . C1 d A f !'Fit i r:*" ti -if Y, Unanioo lc.4.14 I us, all' C06n rsw present. c % 7 1. Ounall th, � �. . ; ", . _ newW. i e gas,,_SfiUt :with: 119 9P Kirkwood -a letEe submitted making, .nepess�ar.iii( V 11 repairs 'r it Of a sect nn. nn I b I nt I Moved by Balmer., adJo4N ,the fing D 'R.M41 CITY nre< Zn he''11177, � Ji '_j AO,vcmher: m 3 A[, P MINUTES OF OFFICIAL AC 3 NOVEMBER 2, OF COUNCIL; The cost of publishing the following pro- ceedings & claims is $ . Cumula- tive cost to date during this calendar year for said publication is $ Iowa City City Council, reg. session, 11/2/76, 7:30 P,M., at the Civic Center. Councilmembers present: Balmer, de- Prosse, Foster, Neuhauser, Selzer, Vevera Perret arrived, 7:35 P.M. Mayor Neu- hauser presiding. Moved by Balmer, seconded by Vevera, that the following agenda items, and recommen- dations in the Consent Calendar be ap- proved and/or adopted: Reading of minutes of official actions, reg. Council meeting, 10/19/76, sub- ject to correction, as rec. by City Clerk. Minutes of Bd. & Comm.: Comprehensive Plan Coord. Comm. - 10/6/76 & 10/14/76; P & Z Comm. - 10/21/76; 'Mayor's Youth Employ. Bd. - 10/25/76; 'Library Bd. of Trustees - 9/16/76; CCN- 10/20/76; Riverfront Comm. - 10/14/76; Parks & Rec. Comm. - 10/13/76. Permit Res., recorded in Res. Book 37, as rec. by City Clerk: Res. #76-392, page 566, approving Cigarette Permits. Correspondence: Don Doumakes, Elliott & Virginia Norse, re stop signs on Madi- son St., referred to P. W. Dept.; Helen Troxel, re request for Tree Ord, infor- mation, referred to Comm. Dev. Affirmative roll call vote was unanimous, Councilman Perret absent. Moved by Vevera, seconded by Foster, to table the RES. APPROVING FINAL PLAT OF EASTDALE MALL ADD. Motion carried, 6/0, with Perret absent. Council noted that the rec. from P & 2 to adopt a revision to the Code to extend time the Comm. has to action a zoning item to 60 days, and the rec. from Parks & Rec. Comm. to approve the Parks & Rec. Comm.'s and Dept.'s ordinances which will be discussed at the informal Council mtg. of 11/8/76. Mayor announced the appointment for the one unexpired term ending 12/31/76, and the following 3 -yr. term ,ending 12/31/79 on the Bd. of Appeals would be on 12/7/79. hoybd j?y lie era, se5onLea ,by j almer WOO M, nppoin, menti of Mary 2711 E., Co St.,, to fill, the; Vaca the Comm. on Community Needs With t expiring 3131/77. Motion carried, With Perret absent. Councilman Perret arrived,, 7:$5 P,M Councilman Selzer explained Esthery prooedpre for refuse pickup. .Counc Foster, expressed appreciation, on h of Council to the P R Z Qom> , for representation at Council meetings. W Qounc.i1man Balmer calked attention to article from Oct. issue of Nation's I entitled, "The Supreme Court ,'and the ies;, An Overview of the 1976�term," The City 14gr. announced that the bld. owned by !lean Oakes lgicated at 938 L ,Ave. had ,been inspected and found to safety requirements, Moved iby Balmer, secoridgd by HeProssej; that the rule requiring that prd'must be considered and voted on for .passage aj, two Council mtgs. prior to the mtg, a' which it is to be finOly passed be s,1 - pended, that the first and second cons arid, yote .be waived,; udl that the ORD.; �76 00, fie'1-11U11W V1\V, rwy. .,.,+.q,s ••��^.-••p..r RATE OF DISCHARGE OF $TORM WATER RUNq BY ENACT'PGr,A NEW EFFECTIVE DATE OF SA19' D. AND REPEALING SEC, XV OF ORD, n2807 b9 voted upon for final passage at this!''mO- A-Pfirmative roll call vote Was unanim `-s, nt. all Councilmembers preseMoved b �ilal- mer, .seco,nded by deProsse, that the gigl. be fi'pally adopted at this time. Affi tive roll call vote was unanimous, al!� Councilmembers present. City Atty. Hayek stated he would sendla letter to Atty. Wm, Meardon tndicatiXi( the intention of the City is to .change tilpor- tion of the mobile home appl,. which allows agents of the City to search and sei1 2 evidence showing violation of law wi1Sout a warrant. There were no Council ob{j��c- tions. Moved) by deProsse, seconded by Perret that the ORD. AMENDING ZONING ORO. 223$ BY CHANGING, USE REG, OF CERTAIN PROPERT',f, FROM RIA TD ORP ZONE (ACT,, Inc.)i be consi i -red and given second vote for passage. firmitive roll call Vote was unanimop. , all; Councilmembers preserit, Moved by deProsse, seconded by Bal.me{ ,that the ORQ, ESTABLISHING A .PLAN)iED ARE PEY, 114 IOWA'CI.TY (Qrchari� Gt.) It:e const, �ed and given second vote forosS4g�;. Af- firmative roll call vote unanimous, all Councilmembers presen Moved by Perret, seconded by deProsse, that , asin Book 110D pages28159?68, AMENDINGdORD.ONO. 2238, THE ZONING ORD., BY ESTABLISHING REG. FOR THE PLANTING OF TREES WITHIN IO'r!A CITY, IOWA, BY ESTABLISHING; SEC. 8.10.40, be passed and adopted. Coun- cilmen Selzer, Vevera, and Balmer reit- erated objections. Roll call vote on previous motion:. Ayes: deProsse, Fos- ter, Neuhauser, Perret. Nays: 'Selier, Vevera, Balmer. Ord. adopted, 4/3: Moved by deProsse; seconded by Perret, that RES. €76-393, as recorded in Res. Book 37, page 567, ADOPTING THE IOWA CITY PLAN - TREE;PLANTING - AS PARTIOF THE COMPREHENSIVE PLAN OF IOWA CITYI; be adopt- ed. Roll call: Ayes: deProsse; Foster, Neuhauser, Perret. Nays: Vevera, Bal- mer, Selzer.. 'Res. adoptedi 4/3. Moved by Balmer, seconded!by deProsse, that the meeting be adjourned. Motion carried, 7/0. (8:00 P.PI.) A more complete description of Council_ activities is On file in the office of the City Clerk. MARY C. NEUHAUSER MAYOR ABBIE STOLFUS t CITY CLERK November 16,. 1976 0 0 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES NOVEMBER 2, 1916 7:30 P.K. Iowa City City Council, reg. seasion, 11/2/76, 7:30. P.M., at the Civic Center. Councilmembers present: Balmer, d'e- Prosse, Foster, Neuhauser, Selzer, Vevera. Perret•arrived at 7:35 P.M. Mayor Neuhauser presiding,, It was moved by Balmer, seconded by Vevera, that, the fol- lowing agenda items and recommendations in the Consent Calen- dar be approved and/or adopted: Reading of minutes of official actions, reg. Council meet ing, 10/19/76, subject to correction, as rec. by City Clerk. Minutes of Bd. & Comm.: Comprehensive Plan Coord. Comm. 10/6/76 & 10/14/76; P & Z Comm. - 10/21/76; Mayor's Youth ;. Employ. Bd. - 10/25/76; Library'Bd. of Trustees - 9//16/76;' CCN - 10/20/76; Riverfront Comm. - 10/14/76; F�arks r: Rec. Comm. - 10/13/76. i Permit rtes., recorded in Res. Book 37, as rec., by City Clerk: Rett. $76-392, page 566, approving Cigarette ]ermits.;I Correspondence: Don Doumakes, Elliott & Virginia Norse, re stop signs on Madison St.,,referred to P.W. •Dept.; Helen ji Troxel, re request for Tree Ord. information, xeferred to Comm. Dev. Affirmative roll call vote was unanimous, sent. Councilman Perret ab - It was moved by Vevera, seconded by Foster, to, table; the RESOLUTION APPROVING THE FINAL PLAT OF EASTDALE MALI, ADDITION. Motion carried, 6/0, with Perret absent. Council noted that the recommendation from p &, Z to adopt, a revision to the Code to extend the time the Commission has to act on a zoning item to 60 days, and the recommendations from Parks & Rec. Comm. to approve the Parks & Rec. Commis- sion's and Department's Ordinances which will:be discussed at the informal Council meeting of 11/6/76. Mayor announced there was one unexpired term eliding 12/31/76, and the following 3 -yr. term•ending 12/31/79 on the Bd. of Appeals. She indicated Council will make the appoint- ment on 12/7/76. It was moved by Vevera, seconded by Balmer, to approve the Mayor's appointment of Mary Coogan,, 2:711 E. Court St., to i• • Page 2 Council Activities November 2, 1976 fill the vacancy on the Comm. on Community Needs with; .term expiring March 31, 1977. Motion carried,, 6/0, with Ferret absent., The City Atty. informed Council the Legal Dept„ has com- pleted a preliminary draft on both the model traf£ie and taxi.- .. ordinances. The City Mgr. staked the proposed candatax ce would require taxicabs to have meters. Senior Pla,hner Geshwiler indicated that, although tations had been sent to citizens to meet with Sasaki }ksSgcz for input for the Comprehensive Plgnt 'thgre had TI, been many responses as of yet. Councilman Per.re't arrived, 7c55 P.m Councilman Selzer explained the budget procedure being used by the town of Estherville for refuse ;pickup which;nvol.ved citizens buying refuse, bags from the City rather than chaug, ing a set fee to everyone. Cquncilmam,Foster pointed Qut,;the problems there have been with animals 'upsetting gart)age cajis., He also expressed appreciation, on behalf of the en-t;ire ggqn cil, to the P & z Comm: for their representati cil meetings. on at the Capp - Councilman Balmer presented the article in the Cct„ 'iissee of .Nation's Cities entitled., "The Supreme Court and the C.it;ies, An Overview of the, 1975 Term" to Counci .. He Tzoted this a ,ie,s cle revealed a. pattern,, being 'set by state and local;gquerra ment, .that was worth following. He pointed out that, since Congress and federal courts have incre4singly narrowi�d.the;r interference in ahe performance of local governments (often; with major reversals of previous decisions.) the state and lo- cal governments were using more indEppendent-powers. The City Mgr, announced that the building owned,,by,Dehn, Oakes located at 938 Iowa Ave. had been inspected and. found. to meet safety requirements. It was moved by Baj.mer, seconded ;by deProsse:, thiat the rule requiring that ordinances�mustbe considered a n4i voted. on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second.consideration and vote be waived, and that the ORDINANCE #76-2816, as recorded in OKd. Book 10, page, 58, AMENDING ORD. #2607 WHICH REGULATES THE RATE OF DISCHARGE OF STORM WATER RUNOFF BY ENACTING A NEW'EFFSCTIVE DATE OF SAID ORDINANCE (November 7, 1976) AND REPjALj;NG SEC. XV OF ORD. #2807 be voted upon for final passage: at this time. Affirma- tive roll call vote was unanimous, all dOuncilmembers prese4 t., It was moved by Balmer, seconded' by idepiossethat the ordi.;' nance be finally adopted at this tune. Affirmative r9ll call vote was unanimous, all Councilmember,s present: 0 • Page 3 Council Activities November 2, 1976 Council noted the memo from the Legal Dept, concerning_ the legality of the portion of the mobile home appl'icatioin which allows agents of the City to search and seize, evidence showing violation of law without a wai,rant. City 4tty. Hayek, stated he would send a letter to Atty., W' rh- Meardon :indicat- ing the intention of the City is to otiange the wording in the application. There were no Council objections. It was moved by deProsse, seconded by Perret, that the ORDINANCE MENDING ZONING ORD, 223(3 BY CHANGING THE`USE REGU- LATIONS OF CERTAIN PROPERTY FROM R]A T.O ORP ZONE (ACT, Inc.) be considered and given second vole for passage. Affirmative roll call vote ivas unanimous, all Gouncilmembers prosent,' It was moved by deProsse, seconded by Balmer, that the ORDINANCE ESTABLISHING A PLANNED AVkA DEVELOPMENT IN IOWA'CITY (Orchard Court) be considered and given second vote for pass= age. Affirmative roll call vote was unanimous, a11lCouncil- members present„ It was moved by Perret, seconded by deProsse, tthat ORDI- NANCE #76-2817, as recorded in Ord. Book 10, pages 49-68, AMENDING ORD. NO. 2238, THE ZONING ORD}, IBY ESTABLISHING REGU- LATIONS FOR THE'PLANTING OF TREES ,WITHIN 'IOWA CITY, . IONAI3Y ESTABLISHING SEG. 8.10.40, be passed and- adopted. Councilmen Selzer, Vevera,+and Balmer reiterated objections. Roll call vote On previous motion: Ayes: deProsse, Foster, NCuhaus'er, Perret. Nays: Selzer, Vevera, Balmer« Ordinance adopted:: 4/: It was moved by deProsse, seconded by Perret, ghat RESo.- LUTION X76-393, as recorded in Res, Book 37, page 50, ADOPT- ING THE IOWA CITY PLAN - TREE PLANTING - AS PART OF THE COMPRE- HENSIVE.PLAN OF 'IOWA CZTY,be adopted. Roll call: Ayes de- Prosse, Poster,-Neuhauser, Perret. Nays: Vevera, Bulmer,' Selzer. Resolution adopted, 4/3. It was moved by Balmer, seconded by deProsse, that the; meeting be adjourned. Motion carried, 7/0. (8.:00 p' MAYOR —="-- CITY CLERK Tape recorded on Reel #36 0 0 INFORMAL COW CIL DISCUSSION NOVBMER 15, 1976 1:30'P.M, INFORMAL COUNCIL DISCUSSION: November 15„ 1976, Conference Room, 1:3O P.M. COUNCIL�OSERS PRESENT: Neuhauser, Balmer, Perret, Selzer, Vevera, deProsse (1:40 P.M.). ABSENT: Foster. STAMRIBIBERS PRESENT: Berlin, Stolfus, Schreiber, Hayek Mayor Mary Neuhauser presiding. REZONING APPLICATIONS Senior Planner Don Schmeiser was present for the discussion of the ILigle Kiln application a subdivision north of Iowa City. As it is within 2 miles of the City limits, this subdivision must conform to the Iowa City subdivision requirements. It could be sewered by the E/W Truck;Sewer which is in planning stage. This subdivision complies to the County septic tank requirements. Councilwoman deProsse arrived, 1:40 P.M. If streets, sidewalks, etc. are not installed to City specificatiggs, waivers will be required to guarantee meeting specifications if in the future if it is necessary. There would be a 20% grade (Lexingt;on is 187o). The Mayor noted that this whole area should be addressed in the Comprehensive Plan. Schmeiser noted that Eastdale Mall does comply with the tree ordinance, and final legal papers would be in on Tuesday morning. It was not clear what the buffer for .the house would be, a, chain-link fence would not qualify as a buffer. The Fire Chief had requested that the Mall. walking area paving should be 6' thick so they van drive on it. The storm water will probably be stored in the parking area. The Mayor asked that staff find out 1) what is planned for buffering next to the residence, 2) boor long the fence will be and 3) how thick the paving is in the officially approved places. Council reviewed the preliminary and final plat for Orchard Court. It does comply with the Tree Ordinance. Concerning the City Attorney's memorandum on Frantz Construction Compapy's subdivision of .Mount Procrnct Part Four. Schmeiser noted that thRe developer did not want to prep:ire a Planned Area Develop Mt, as they wild be selling lots and won't have an idea of what is to be built. City Attorney Hayek pointed out that a PAD permits the City to specify -the den.kty whether or not they own or sell off a part of the property, a cpyenant is too risky. Schmeiser advised that an RIB zone would give JOE{ units and there is only a capacity for 102 units in the sanitary sewer„ He suggested a third alternative; institution of a tapping fee which would' be triggered by the development of the 103rd unit which would suxcharge. • • Council Discussion Nov,; 15, ].976 Page> 2 the sewer system, 119 pointed out that the developer would signian Cagreement that they would pay for the entire; reconstruction of the sewer system at that time. This agreement could be made binding on specessors. Hayek explained that when a City attempts to contract or covenant to vary the terms of zoning, Courts split 50/50 on whether or not it is spot zoning and illegal. The Mayor noted that it would be helpful to discuss the suggestion made by Schmeiser, and try to get the problem resolved as soon as they can and agreed that Council should be as helpful to them as they posisibly can. The City Manager noted that basically the Council bad the information on the request from Linak Ltd., to connect to the City sanitary saver. He, advised that the staff would proceed with involuntary annexationsunless, Council directs otherwise, but would need specific Council direction. The Mayor suggested that copies of the County subdivision ordinance be secured for Council az staff to review. The City Manager stated that it would be desirable for the new Board of Supervisors and the Council to meet on this and other matters. He also suggested that members of Planning and Zoning to come to the Monday in:formil session for discussion of the BDI plat. There was a short discussion of the best way to assess a sewer tapping fee. AGRMA Councilwoman deProsse asked if DeNavne Guernsey was a qualified appraiser. ( Glaves and Hayek advised that he was qualified and very competent;, PENDING LITIGATION City Attorney John Hayek called attention to the updated list of pending cases, noting that he was very pleased at what they have been able to accomplish. In 1976, with 22 District Cases being disposed of and urban renewal cases disposed of, he stated that the Assistant City Attorneys deserved recognition. They have increased case dispositions by M, in an eleven month period. The number of filings are shown on page two of the handout. This does not include the cases covered by insurance carriers, small claims cases, misdemeanor cases, code enforcement cases or traffic cases. He pointed out that he would be meeting with the Hunan Relations Commission concerning theNe�t�rgbQuse case. He added that under the Human Relations Commission Ordinance, the Ccumission has the power to direct the attorney to instigate litigation. which' t,e tuould; do unless it is controversial or very costly. Hee asked if the Camuissioq decided to appeal, did Council want the matter to be brought to their attention before he filed the appeal. Three members did, and three did not. The City Manager said that the Council: should decide on this particular lawsuit, as it speaks to the very authority of the Caumission, and the Commission should not have a right to determine whether or not they are going to appeal a case that speaks to whether or not they have the authority, the Council should nuke that decis:Lon. Hayek stated that he would relate the Coirmission's decision to Council at the regular meeting, and Council could vote on whether or not to appeal the case, then go into executive session if it is decided to appeal, to actually discuss the merits of the litigation. • GouncilI)iscus: • Nov, 15, 1976 Page 3 Concerning the memo from Kushnir on, the il'snver Boot Case, it was pointed out that the Supre;ne Court is scheduled to hear oral arguments in 20' C. months. Hayek pointed out the towing and booting devices are very important enforcement devices for parking people. Kushnir noted that the new Court of Appeals might deal with it sooner. Hayek went down the case list and comnpnted on the status. Regarding the digester suit/Kbrshoj Const., they are about ready to try the case which involves about $200,000, Councilman Balmer asked what the condemnation appeal/Short vs., City was doing to the transaction with the University. Glaves advise3 that the City has conveyed to the University all but the house site. Ile pointed out that the University's planners are very seriously eyeing that location across Madison Street for Idndquist II, Attorney Hayek advised that as this is the personal residence of Mr. Short, the City can not take possession of the property until litigation is totally completed. Hayek advised that for several years the _Oaknoll Retirement Ircme has been considered tax-exempt, 1%en they applied this year to the Board of Review for an exemption, the Board asked the legal staff for an opinion, on whether or not they are tax-exempt body and the legal staff advised them that they were not a tax-exempt body and liable for property taxes. The Board of Review assessed then and the Christian Retirement Services is litigating over this assessment. The City Manager noted that concerning the JaUerson Building underground vaults, the•University shohald be able to proceed in the Spring. The staff has not received the report on sewers as scheduled,for Novenber 1st. IIe noted that he has drafted a letter to Uni 2Xzity Heights suggesting a meeting. City Attorney Hayek ccamented that there should be no mistake about the fact however, that the City's contract with University Heights will stand terminated on December 31, 1977. Attorney Hayek also pointed out that he had sent Council a drai:ft of the contracts for Perpetual Savings and Loan and Johnson County Realty a Comnanv concerning Block 101 property. In the, latter contract: there are some additional corrections. There Will be a resolution on tp'e agenda, a week from tomorrow for Council's consideration: of approval of the contracts. Councilwoman deProsse expressed concern that Council look at their responsibility concerning alleys from a policy consideration standpoint. The situation on Block 101t was discussed. The City Manager pointed out that if the Council felt that this was a significant issue, the .staff did not feel that strongly about the method suggested to deal with its Glaves summarized the three options: 1) the City could pave, as in the contract, 2) could go special assessment, to adjacent property owners,, under which urban renewal would pick up half the assessment. The added expense to the purchasers would in all likelihood cause the necessity to adjust the price to .reflect this added expense. Although this Would avoid the policy problem of the City installing an alley at its expense, it creates a complicated administrative procedure, and 3) a cost sharing by agreement, at the time when we convey the land, the purchasers would agree to pay a portion of the costs. He coamented that there are two separate issues: 1) the mechanism by which the alley gets installed, and 2) what should the City policy be toward public ownership 4 alleys, • Council b • Mv. 15, 197�i19 Claves asked if the s P-Ve 4 Cwas a concern, ource of funds (parking system o a reason to keep The C'ty Manager stated that the staff h ban renewal) Mayor stated hathe healleY and to not ,make a Of the n it is f" decision at tth�s t there is' property might be the t - ed out what is t�!�• The is not now written to 'meto decide on go to, lbe on the Zest explained the he 20 this kind of the alley. The contract they want reason for decision to made. i4 future to know that that alley is reference, The baril�4,want .Yek different/or same Councils cannot to be a comaitm= about the alle there and that in the and advised a Previous Urban Renewal b to Klar ed that theack Change their minds pen downtown all that were ty was o yn the bbegianyng.of vs was present Project, All utilities rana:in o part ofttheurban Blocks 65 and 87; as mitten Will have to come out of tb(� alleys suggested in the urban renew 3s in is surfaced The Ord. nam etPragr, 13, to convey the �tY Attorney have to rescinded Claves vacating the north con of ley after it retsB turned to Council. Ile was advised not use the the alley w"11 al arse,sment method f e contract: should be this a private drive and not to give Council the right to�co - o x Public riconside The City Manager noted that way. the Jan the C� Council t memo f Can Ordinance on Friday. from the ,itaff on Cp��'G C The City Manager re the Mayor concerning ou�i�cil�she meeting with, Clayton Rin one the Boards role on t?oalsettin ggenberg and and Commissions and 'the Dei "tin The recommend that gals and ob,7ectives for the budgetprocess and the sii arttjtents have prepa>;ea their j them Prior to the t changes taken t Couhci so Cothat uncil be su"larized, indication time that the bud incil c that the Council wo yorities and changes are consto them. 7,hiis vIll give an had been made a would like to go. Mayor euhansi with tbeCtions that all were ware. of the budget lit' asked i made aware of The Cit �n everyone Public statement bemade the limitations. :Che Ma Y b ager ',advised has been made and concerning charge: , Yor suggeS{;edlthat a everyone. Council is looking for a method w ��lana decision from the lege CUty'Manager commented that as h�ch is fain to he would like legal concerningthe memo had been received Y of hand -4119 both Press release also notintr the eaderly� Possibility e ucut.in hle his to the urges for ted enterprise fund supported f collection o that t and dis being considered. znmt sere' Penal of garbage as an Pi,e graphs can be Prov wed S�nstead of tax dollflrs is go, where City funds City County, and Sch° from and how tax dollaazewheze tax do]!lars would receive bud o01 Distryct, The Cyt split be 19th. get materials y Manager c+nnented ttlaat he e from the Boards and CprmissiOns by December C�[NC Council disc l Concern over discussed yh sed for specific goals for themselves ,ea that goalManas would ber noted di Council whether ot Y`rwere allTe�yst anon '1 essed discussed with always zc t The agreed upon later. Clayton Ringgenbc' It was, g at a t'me to be • Couacil.D' scu Nov 15, 1976 Z'-�vS POD. 5 Concerning evaluation over A. Polic of Council, Councilwoman deProsse that the whole Performance Ci1teria #l. The noted concern science, the question of evaluation and Performance -a P014ted constructive a. suggested looking at the e is not an, exact questioning i'l,t t was a e.`Pressed reservations aluation Process as a the Council elect for the 17epartcttent Heaconcernin'dst o Process (gitizens elect council), also ePar Heads were the best qualified be evaluati can evaluate him from to evaluate the Cig that the D,epaz at community. 11�e h their perspective as he defy huger' The Council evaluations yOr asked whether or not Council with 'theft and; the session to executive session. Si. counciunorl wanted to ,discuss the be held on �cenber 8th at 7: orrs agrged to individual evaluations of the City hlartagel? P.ecutive /���n disc ussicia of BIER Mayor Ne Johnson County Pointed out that one appOintment had stated that the two the Ri d been two others had eln2: A net eceived f� the two other names been named, yspaper'article. at one meeting. is received, Council can appoint wizen the letter with all three tnett The city Manager stated that the brie did not comply to the Id on Washington 5tiy;et not be any Council meetcifications. IIe ratlded — p�i�ec�t be absent. meetings on november 29th or 3 ' that thc�xe. I�ld Qth, as 4 ntemkiers'Will Councilman Perret called on the n*omina+;,b, attention to the re and Counci `a' �4Lehns°n Presentation from the Ccvnci.l lrnart Selzer suggested the the Mayor ted. councilmanlr�1Q Balmer questioned if the cit All ��' about the boSnital: a city talkie that if anythu`—�on> or if J s g to the UniVersit to take a strong as going to be done, the was the City Manager` Stated done by J g policy position to make that until is going to have Would Ceet and .not by University Heights. Peen' � it will be meeting with Universit � Mayor stated that beCOmorehensive Plan and the role Y President Boyd and t she an helpmng the City determine le she hopes that the Universityabout the hensive plan imine what is going tc be going'wi11 play improvements'that they as it is to the whole into the 6' what s being planCitnehasd. to provide, so that .thecui tioq of Public knowing , cones from President Bo she noted that ittvasimportant City has a way of p the burden because oft he University.° ('ouncilw y ext in that c°n ci_ up the issue of the River Co Ci abear' rridor Sewer,nan ePross4 brought Councilman Balmer suggested The Cit agergoing to the $1.Op fine for as t'ckels hard y almost - adv sed that the, staff was o actually paid- It st impossible, to determine the date theme to Phis, P was suggested that the fine be 1 the fine Was within 24 hours, at the Parking Ticks t Office o� aif t ted in: Partmtent on Saturdays. The City Manager notei! that the the spells out the days that the PD -lice meters are not enforced. anoe 0 Council Discussion Ivov. 15, 1916 page 6 Councilman Vevera pointed out that five Councilpersons here in favor of lowering the speed limit on Rochester, and requested that an ordinance ( be drawn up, It was also determined that Councilman Selzer from he Only one who agreed with the philosophy as expressed in the MEW concerning setting of speed limits, Meeting adjourned at 5:30 P.M. The minutes of this meeting are on tape #39.