The URL can be used to link to this page

Home My WebLink About1978-09-19 Agenda+11 1.1 "I( 14IJ1 i I�ICROFILMEDI:BY JORM 141CROLAB CEDAR RAPIDS AND DES MOINES, IOWA ,II 9 -I. I014A CITY CITY COUNCIL r 1! AGENDA vI I � T ..... . , 2 , 1 1 t�^ 14 { 1 lyj - : REGULAR COUNCILMEETING' OF SEPTEMBER 19,' 1978 7:30 P.M. II i COUNCIL _CHAMBERS ,.CIVIC CENTER R I I 410 R. 14ASHINGTON I � f`• BY. IdICRDPI LMEO XI JCRM MICR+LAB CEDAR. RAPIDS • DES MOINES QICROFIL14ED BY JORM MICROLAB • CEDAR RAPIDS AND DES MOINES, IOWA AGENDA t RRCIILAR COUNCIL MEI°.TING {` SEPTEMBER 19, 1978 , w Item No. 1 - MEETING TO ORDER. ROLA. CAi.I...'. J � Item No. 2 - RESOLUTION OF COMMENDATION. yl� a. Consider Resolution of Commendation for Donald F. Dolezal who has retired after over 2.9 years of service as an em- i ployee of the Fire Department. ? C U Item No: 3 - MAYOR'S PROCLAMATIONS. 1 a: Constitution Week, September 17-23, 1978. h: Diabetes BikeRide Day, September er 24 1978. �Ttam No. A - CONSIDER ADOPTION OF 'Mil?, CONSENT CALENDAR AS PRESENTED OR AMENDED. p a. Approval of Official Actions of the regular Council meeting ` - of September 51478,suhject to correction, asrecommended by the City Clerk: i b. Minutes. of Board and Commissions. l1 () Committee on Community, Needs meeting of September b, 1978. (2) Planning and 17oning Commission meeting of September tember 7 , e � 1978:,, ? ", b C. Permit Resolutions, as recommended by the City Clerk. _ ya o (1) Resolution Approving Class C Beer Permit Application C for Quiktrip Corp. dha/Quiktrip'#503, 127 W. Renton. u (renewal) . (2) 'Resolution Approving Class C Beer Sunday Sales Permit Application for ,Quiktrip Corp. dba/Quiktrip #503, .123 W. Renton. (renewal). L; (3) 'Resolution Approving Cigarette Permit. { i I (4) ;Resolution to Refund Portion of CigarettePermit. MICROFILMED BY ' JORM MICR46LAO CEDAR. RAPIDS • DES MOINES t11CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES 140INES, IOWA CEDAR RAPIDS ..• DES I MOINES i II I / 1 cL I. L" 4'.1 � �: •;n tl �� u9'i `�: �f iiai'�L?.��i^i✓ � , A„If r ..i '�L� u:.ti . �t� . +f �. � � :C G'7 ;� �1nw�C,L1 / • `� P t � , �: •'tai': '.'. � r7 �� , � 1/i/= ,,.{,.. -CC ., /': � ��1L:1I r'>�.- l.S l�S •J 'rZn � � l �� .iK ��r' •. d n V;,Wt•I.WC�t{ .%� W�iL(-wr1 ✓:.•i:.�.1✓=:1t..L'G.=r�� le::ll� i.4%L„ i i I, � I ��f't L+). 1✓.ail' �;�. ��`' t,� .,,GC:� C7. !�`�G. rr ',,� !i/I� �^1 1 VJ"LtZe7o11 G' f I ICC r (G, - I ' / F. 1 '� "C I i 1 K..ti.4-�f•-+r—CROMMCD BY i f DORM MICR+LAB .. - ... CEDAR RAPIDS ..• DES I MOINES E•lICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES HOINES, IOWA Agenda Regular. Council Meet Eng '.. September 19, 1978 7:30 P.M. Page Y d., Motions. (1) Consider motion approving Petition, for Suspension or Remission of Tnxrs on. Account of Age or for City 'Jan A. Slnvik, 930 Town 'Avenue, as recommended by 1 Clerk and City Attorney. n GiI c N.O�IG)4 -lp ��i'1�1� _ 0'nJ 11 �.r(11c0 "eCorresondence., 7 `%• eq �t.cv( aln.eQo x _ ar . (1) Letter from Jane Jokobsen, Vice Chairperson of the t Planning and Zoning commission, expressing',th, Com- concerns for the alignment of Freeway 518.. mission's (2) Letter from William J. Larsen with enclosed petition signed by 500 residents of Iowa City opposing the expansion of the airport at its present location. This letter has been referred to the City Manager for reply. i (3) Letter from Debra J. Wolrafch of the Melrose Neighborhood it Association regarding traffic flow on Melrose Avenue. This letter has,heen.referred to the City Manager for reply. ' (4) Memorandum fro m the Traffic Engineer regarding signal.iza- i I tion at Market Street and Gilbert Street. �1111 f. Applications for use of streets and public grounds. (1) Application from Greater Iowa City area Chamber of I Commerce to have the Fourth Annual .Red Race on Clinton Street, September 22, 1978. (approved) j(2) Application from Johnson County-Iowa City Arts Council g iE to erect aporta-stall with horse in Rlackhawk Mini- park to publicize Auction for the Arts on October ll, i }1978. (Denied) (3)_ Application from .john Steffen to close a dead-end iiS street, 600 block of South Johnson, for a party for 200-300 people on September 23, 1978. (Denied) r �1. fi hA0,d(ft iJ 1-c-0 �. 1 ENT) OF CONSENT CALENDAR r Item No. 5 - PLANNING AND ZONING MATTERS. r a. Continue a public hearing on an application submitted by Wagner- from ightycre tract of land Murphy Foundation to rezone an ezones . . 7.-7801. A2, County Resort, to Mi and C1 zones. Comment: The Planning and Zoning Commission, ata specialmeeting approval held on March 16, 1978,,recommended by a unanimous vote I t-0ICROF'ILMCD BY JORM MICR46LA9 CEDAR RAPIDS DES MOINES f•11CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA Agenda 7 Regular Council Meeting September 19, 1978 7:30 P.M. ( Page 7 r item No. 5.n, Continued. of an�npplicntlon to annex .111 eighty acre trnct of land locnted:. . u herl Cit limits on the: east side (if Highway r n ` to the. so t Y I ace t a Y i r , ... rezone t n M1 and f,T mass. This recammen- � o rcz 218 and t ,I -' da[Inn is consistent with tile staff's recommendation presented: in a Staff Report dated February 23, 1978, which was attached to the Council Agenda of September 5, 1978. According',to the ' Zoning Ordinance, the Council:must act upon a resolution annex- ing an area at the time of the public hearing on the zoning j classifications. If the Council passes a resolution, the an- nexation proposal must 'then be submitted to the City Development Board in Des Moines for acknowledgement of the annexation. Ap- proval of the rezoning request must necessarilybe deferred unti. l, a' acknowledgement.The public hearing .on this item is continued` � from September 5, 1978, pending discussion of relative questions raised at that meeting '(see attached memorandum). Members of the Planning and Zoning Commission and the Parks and Recreation Commission will be'present 'at the informal meeting on Monday for - discussion of this item. ' /�" C,07 N✓ chs -t. Yv1OZl'c_ Action: , ^, 'land b. Consider 80.acre tract of der' a resolution toannexan , e '7 a adjacent to the southerly City limits on the east .located side of Highway 218. ; Comment: See comment with 5.a. above. q _ Action: /�/rr.i("i.vLi n _ C. Consider a recommendation from the Planning and Zoning Com L , d mission to approve the fine] plat of Bryn Mawr Heights, Part H. S-7930. Comment: The Planning and Zoning Commission, at a regular meeting, held on September 7, 1978, recommended by a six to zero vote ap- proval of the subject subdivision located south of Denbigh. Drive and west of Sunset Street subject to approval of the legalpapers and the location of: sewer easements and center line curves. This recommendation is consistent with the staff's recommendation pre- sented in a Staff Report dated September 7, 1978, which is at- tached to this agenda. This item will be deferred until the next regular meeting pending resolution of the contingencies 'above noted. ltlMICROFILMED BY JORMMICR+LAB I - CEDAR RANDS • DES M014CS ' f11CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA Agenda Regular. Council Meeting. September 19, 1978 7:30 P.M. Page 4 d. Consider a recommendation of the Planning and Zoning Com- ' mission to approve [he Final plat. of Bryn Mawr. Heights, i Part 12. S-7831. comment:':The,Planning and 'Zoning, Commission, at a. regular meeting -held on September .7,'.1978, recommended by a six to zero vote ap- proval of the subject subdivision located contiguous to Part' 11 (see above item) subject to approval of the legal papers and, the location of sewer easements' and center line curves. This recom- mendatlon'is consistent with a staff recommendation presented in a Staff. Report dated September 7, 1978, which is attached to this agenda. A'resolution for consideration of this item will be:. pre- . sentedfor consideration at: the next regular meeting pending reso- lution of the contingencies noted above. ry �% e. Consider a request For reconsideration of the preliminary y plat of'Meadeville Subdivision. ti y Comment: ,The City Council. failed to approve the preliminary plat Con- of the subject subdivision. The applicant's engineer, MMS uestedthat this item beplaced on; sultants'Inc. has again requested a : the agenda for reconsideration at the formal Council meeting. (see ; attached -letter). The applicant wishes toipresent an alternative to the City's rural design specifications for streets to the City ±` Council':at-the Monday informal meeting. A'.member of the Planning { and Zoning Commission will be present at Monday's meeting to dia- j cusssuch"issues: as annexation vs. non -annexation and application of the rural design standards. Action: f. Consider an ordinance amending the Zoning Ordinance by estab- lishing provisions for elderly housing in the CBS Zone. :(Second consideration). Comment: The Planning and Zoning Commission, at a regular meeting, ; held,on July 20,' 1978, recommended by:a six to zero vote approval � of the subject Proposed ordinance.: This proposed ordinance would accommodate a, proposed elderly housing, facility (see Item 5.g.) at the corner of, Dubuque L'Court Streets by reducing front yard set- back, requirements and by reducing the number of spaces required to one space for ench two units. The first consideration of this 1 78 'This ordinance must neces- er 12 9 held o n September item P .. . sari he adopted previous to the adoption of the LSRD plan for the elderly P>> facility, and since the applicant is request- Ing', early consideration of his plans, the City Council should con- sider:giving second and third consideration and adoption of the ordinance theregular meeting.. Action: 1 T.. ., FILMED BY JORM MICRbLAB '.. CEDAR RAPIDS DES MOINES h11CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINLy, IOWA ti _.Agenda • Repular Council Meeting September 19, ig78 7:30 P.M. I Page 5 [, S/ g. Consider a resoli,U nn approving the preliminary and final Large Scale Residential DevelopmentPlan of Capitol House Apartments. 5-7823. �i_),P _ V 0 r I J Comment: The Planning and Zoning Commission, at a'regular meeting '. held'. on September,7,.1978,recommended by a six to zero vote approval of the subject LSRD plan of a high-rise apartment building for the ; elderly tone located at the northeast corner of Dubuque and Court - Streets`. This recommendation is consistent with the staff's recom- t mendation presented ina Staff. Report. dated ,September 7,.1978, which is attached to this agenda,. The developer, .Capitol States Associates, which is composed of OId Capitol Associates of Iowa City and Mid- States Development Company of Sioux City,. have. specifically requested s - is item at the formal meeting, that the City Council take action on th. as they wish to "break ground" the first week in October. The j 1 plans are ready for approval and it is the staff's recommendation that the City Council take action at.this meeting. Action: h. Consider an ordinance rezoning a tract of land located at 1804 (Jest Benton Street from R1A.to R2. 7.-7804.. (Second con- sideration) i Comment: The Planning and .Zoning Commission, at a regular merting held on July 20, 1978, recommended by a 6 to 0 vote approval of 1 an application submitted by Jehovahs Witnesses to rezone a 1.9 acre tract of land located north of West Renton Street and west of Emerald Street from an RIA zone to an R2 zone. This recommendation recommendation resented in a staff 3s consistent with the staff's P report dated July 20; 1978, which was attached to'the agenda of August 8, 1978. The proposed rezoning In consistent with the Com- preliensive Plan. A public hearing on this rezoning, was held Sep- l tember. 5, 1978. Action: • 1 Item No. 6 - PUBLIC DISCUSSION. 6 o• E. 71 , I _ T^' A F IdE HIL 0 IL ?'l ' JORM MICR4LAB CEDAP.. RAPIDS •.DES MOINES. MICROFILMED BY JORM MICROLAB' CEDAR RAPIDS AND DES MOINES, 1041A jAgenda Regular Council. Meeting September 19, 1978 7:30 P.M. Page 6 Item No. 7 – HOLD PUBLIC HEARING ON THE PLANS ANO SPECIFICATIONS FOR THE RIVER CORRIDOR SEWER PROJECT. Comment: :The estimated cost of the project is approximately $4,000,000. Action: /' j Item No. 8 – ANNOUNCEMENT OF VACANCIES. �_�;.,, ,"1�.,!1`i {?.<!`:_1-c•, 4 • `�,.!'„4f a. Parks '.and Recreation. Commission – One vacancy for an unexpired • term ending January 1, 1982. .This appointment will he made � at the October 24, 1978, meeting of. the City Council. e i 'Item No. 9 – CITY COUNCIL. INFORMATION. - 'All `vu�' -{ r� } 1' :,1a Ut [ll<,ct (ilr`<G,r•:,� — ti(i1�CG12�' P 1 / r 1 Item No. 10 – REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNFY. d a. City Manage r. ' t 1 b. City Attorney. i F ' v.. V10– MICRorILMED BY ".. DORM. MICR LAB..'-- ' r '. Cf.Ohlt t?rt LIDS. •DES MOIRES t•1ICROFILMED BY JORM MICROLAB CEDAR RAP[DSiAND UES MOVIES, IOWA i J 6 I , � I I t I I��f l�v ��2.f'• �f�//�� ,�/..:�'/i (..f• ��%(..f rl��'l_J �'t'/�/L`v 4A t Gf v�' 1 �j C„� -yam•. . i ri Ole, 1U��r/�c1�r�ic i�-�/` r .. 1.^c=•�t �• ��•7 1 � ', ,r /JJ I 141CR6FILFtED BY : JORM: MICR+LAB CEDAR RAPIDS • DCS MOINCS. I;IICROFILMED BY JORM MICROLAB', CEDAR RAPIDS AND DES MOINES, IOWA it Agenda Regular Council Meeting September 19 1978 7:30.P.M. Page 7 .Item No. 11 -.. CONSIDER RESOLUTION AUTHORI7.INC, MAYOR TO SIGN CONTRACT 14ITH STAN-'. / LEY CONSULTANTS, INC.,. OF MUSCATINE, IOWA, FOR DESIGN AND LAND ACQUISITION SERVICES ON THE RALSTON CREEK. SOUTH BRANCH DAM. Comment: This contract provides the full range of design services for the j south branch dam. Key :elements In the contract are preparation of contract documents and aid to the City in acquiring the property through negotlation or condemnation. Compensation is basedupon hourly `fees ...with a "not to exceed" figure of $69,750. A memo is. s attached which explains the contract provisions in more`deta 1l. Action: Li i. )' l J�Jt t ��f'I ( /moi s 1 Item No. 12 - CONSIDER RESOLUTION AWARDINGCONTRACT FOR GOVERNOR'LUCAS SQUARE FOUNTAIN PROJECT. _ Comment: Bids will be opened September 19, 1976, at MOD A.M. Staff ,and the consultant will provide a recommendation for award of the project for the Council meeting of that date. The project should fie L awarded'>auhject to available financing, From the committee. Action. lVft4 { . � TLrm Wfcf,;It.iuT ��IZ' l t�a7r /1 ✓� �E <<%,� j oc 3 Int/em No. 11 RESOLUTION TO SF.L1. REAL PROPERTY. / s Comment. IThe City Council adopted a Resolution proposing to sell portions of. the Capitol and Washington Streets rights-of-way to Old Capitol) Associates for redevelopment on September 5. A public hearing was held on the proposal on September 12.This, resolution author- izes the'sale:as proposed. An Ordinance to Vacate'these portions i of, the rights-of-way'is also included on this agenda. The staff recommends adoption of this resolution. $ �1 /� �7 qw. I�. A f j Action: Po Item No. 14 — ORDINANCE VACATING STREETS WITHIN THE URBAN RENEWAL PROJECT AREA. (Passed and adopted). Comment: The Council has,, by Resolution, prpposed to sell portions of. Capitol and Washington Streets to Old Capitol Associates for redevelopment: The right-of-way must be 'vacated prior to conveyance. This ,ordin- i ance vacates the real property.under consideration for sale. A t f4lCRorIL14ED BY 1 i ..! JORM MIC R(jlLAB CEDAR RAPIDS '• DES MDI•B'S. 14ICROFILMED BY JORM141CROLAB CEDAR RAPIDS AND DES MUINES, IUWA Agenda .Regular Council Meeting September 19, 1978 7:30 P.M. Page 9 i .Item No. 14 Continued. .Resolution to Sell Is also included on this agenda. The staff recom- mends adoption of this ordinance. This recommendation is consistent .',. with the recommendation of the Planning and Zoning Commission.. Action: - ti�fl t- .'.Item No. 15 - CONSIDER AN ORDINANCE AMENDING ORDINANCE NO. 2238 BY REGULATING THE LOCATION OF ADULT BUSINESSES IN IOWA CITY. (First consideration). t Comment: Since the new criminal code went Into'. effect in January of 1978,. bars have not been allowed to feature nude dancers. In a number of. Iowa communities, tavern owners have created a separate business f adjacent to the tavern which features`node dancers but does not ! serve liquor. Such an arrangement frustrates the intent of the legislature and is a triumph of form over substance.It would create law enforcement problems because there would be a tendency of tavern customers to want to take their drinkswith them next door to watch the dancing. While we might be able to prohibit the adjacent room l under the present code, this amendment will remove any doubt. The provision :that business may not he within 500 feet from each other has been added to prevent a concentration of such businesses k;. in one area. Such a provision has been upheld in other jurisdic- tions because it has been found desirable not to create a "combat zone". A public hearing was held on this ordinance on June 27, 1978, at which time the Council referred the matter to the Planning and Zoning Commission. The Planning and Zoning Commission discussed e in of August '3 1978 .and hasrecom- it met, nanc eat e, this ordinance g mended ,that it be approved with the'substitution of the words "such as" in place of "including but not limited to." Another - public hearing was held on September 12, 1978, because of the time . lapse since the first public hearing., 7,y Action: G r i Y..•Y w ' ,.. 141CROFILMED BY ; JORM MICR61-AB CEDAR I)APMS DES 1401NES J Q h11Cf20FlLi4"cD BY JORM LIICROLAB CEDAR RAPIDS AND UES MOINES, IOWA i• i Agenda Regular Council Meeting September 19, 1978 7:30 P.M. Page 9 Item..No...16'- CONSIDER AN ORDINANCE: AMENDING ORDINANCE NO. 2605 TO REQUIRE THAT AN: ESTABLISHMENT-FOR.WHICH A LIQUOR CONTROL LICENSE OR, BEER PER � '..� MIT IS. ISSUED SHALL BE LOCATED.nN THE GROUND FLOOR OF A'BUILDING f . AND SHALL CONTAIN WINDOWS WHICH PERMIT. VISIBILITY OF ITS. INTERIOR FROM THE PUBLICWAY. (First consideration)., ..... -I, .Comment: This Ordinance amends the Beer and Liquor Licensing Ordinance by requiring that establishments, other than hotels, motels and private iclubs, for which a`liquor license or a beer permit is issued, shall •, I. he located on the ground floor of a building and shall contain win- dows which permit visibility of its interior from the publicway. The Ordinance had contained such a provision in the past but ap- Parently it was deleted some years ago. The Police Chief and City Manager recommend such a provision. 7 �✓ /� q :, Action: { I , m• C Item No. 17'- CONSIDER AN ORDINANCE AMENDING THE BUILDING CODE TO ALLOW FOR A pppp REDUCTION IN THE AMOUNT OF. NATURAL LICHT REQUIRED IN KITCHENS. (First consideration). y 'M' ` Comment: At the public hearing (September 12, 1978) the Council indicated k that the language of the ordinance needed clarification to reflect i that the 'code was being amended to reduce the minimum requirements j for natural light, in kitchens, from 10% of the floor area and, not l less than a window of 10'iequare feet, to 3% of the floor area and not less than a window of 3'square feet. Action: JJ ?•, Item No. 18 - ADJOURNMENT. �+ ] f i IM 76/ '' 1, �• r�., , I K- `��y� MICROrILMED BY iJ DORM MICR+LAB t EEDAR ItAOIOS • OES I10INL5