HomeMy WebLinkAboutInformal minutes of 7/25Informal Council Discussion
July 25, 1988
Informal Council Discussion, July 25, 1988, 6:30 p.m., in the Council
Chambers. Mayor John McDonald presiding. Councilmembers present:
McDonald, Ambrisco, Courtney, Larson, Horowitz, Dickson. Absent: Strait.
Staff present: Atkins, Timmins, Karr, Schmeiser, Cain. Tape-recorded on
Reel -88-40, Side 2, 420-1; Reel 88-41, Side 1, 1 -End and Side 2, End -568.
PLANNING & ZONING:
A.
Reel 88-40, Side 2
Schmeiser said the applicant has withdrawn the request to vacate and
dispose of the Maiden Lane right-of-way between Harrison Street and
Court Street. Schmeiser said the Planning & Zoning Commission
recommended that the 47 foot wide portion of Maiden lane between
Court and Harrison streets be redesigned an alley provided the City
commits to paving this right-of-way and providing metered parking in
the area. in response to Ambrisco, Schmeiser said he has not been in
contact with Paul Dunlap. Morowitz asked if there are any other city
alleys that are paved and metered. Schmeiser said there are some
alleys used for parking. Ambrisco said there is a m:tzred parking
area west of Gilpin Paint It Glass store. Larson asked what would be
the advantages of designating the area an alley versus a street.
Schmeiser replied that two reasons to designate the area an alley are
that a 20 foot setback for commercial buildings would no longer be
required and the street functions more As an alley. Horowitz
inquired about the impact of the alley on the property located
farther to the south. Schmeiser said stores located on the east slda
of Maiden Lane would have both rear and front access and the
businesses in the area are desperate for parking spaces. McDonald
asked if area propertyy and business owners have been notified about
the public hearing. Ichmaisar said the City will notify the property
and business owners. !arson noted the Planning & Zoning Commission
recommendation was generally consistent with staff. Sc matter said
the original staff ratommondattons were specifically addraiiihq the
vacation. Larson raffYYad 143 the planning k lAning Cbrmistloner tlsva
Clark's amendment raiating to Lh• City`s responsibility to iwii+ttin
the area. Larson note there are Alleys in varying degrees of upkeep
Schmeisor said the tree could be redesignated to a parking area,
tt- fDBll li£AR1Bg " AN ORDINANCE 10 -RUM A,_ 1.16.e08.ACRC_1AAC1_1ED
Ai1d 1 ... NA1LRWN] DA1Y[. Rom CL J.�S1L�2..1GAr IOLIL[il+—lI BB4➢1
Schmeiser sold that ray,4 Ia (am 00d of three usaa: a
rlaughlorhoule, a meat markot, and a lockar use. the slaugnle►hnut•
was not domagad by the lire 04 that meat market and 1041iti oar neiit
._.
£ub•.ten!!eiiy 9••S•�•rw Ubyii6lir. ?,tt,iiwi:«� rop4iiaii Li,:t ry..
wants to raailablltli t¢,a aa:at ln:kar, keep the sitoghterhoute at it
ayiste7 and inErrast. tha sift of the ratan 009tmArket, Srh"taor
t11d t�rt s relrSi P?il atctt•t it 1%91 permitted In the Cl i tans. a
locker is not per -dile, in the if 2 tons anA, thoralers, Iharo it a
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MINUTES
IOWA CITY CITY COUNCIL
INFORMAL MEETING
JULY 25, 1988
PAGE 2
proposal to amend the Zoning Ordinance to allow lockers as a
permitted use in the CC -2 zone. Schmeiser noted the slaughterhouse
would remain a non -conforming use for perpetuity. Schmeiser said the
Planning & Zoning Commission received no objections to the proposal.
C. ORDINANCE IU 1
DRIVE FROM Ci -
See "B" above.
D.
See "B" above.
E. QRDINANCE TO F
COMMUNITY COMM
See "B" above.
G.
No Council comment.
Schmeiser reported that the City has received nine letters in
objection to the request. Schmeiser stated that by ordinance if
owners of 20 percent or more of the property being petitioned for
rezoning object to tho request, it requires an extraordinary vote by
City Council to approve the request. Schmeiser noted It was the
Planning & Zoning Commission's recommendation to approve the request.
Regarding the current use of the properties, Schmelser reported that
it does appear that at least three of the properties are ranted out.
9ADiNBIif,L14J19fAA1i..P9Rllt»ia_Srf..,.C9�tJ91.ANb.�t14(itll�a+�JNt.Li�
No Council comment.
ADANNOW BUILDING,ORDINPNCt 1 N4 MUj 9NtLOPDIynN�E�fY1iI?NSt
Ree 01.40, side I
poo►hroy noted Council rrceived his July loth mp"ranAue rogardlnq
II obste"++t priK044r0 f4iv abanduned bulldlnea and other nuleances,
pnothrnyv reviewed the draft of the ordinance amwnding Chapter 71 Of iha
Ctlde CT ilydinalrce: of the 0tyr a! inr+a city - c00. taininii nii d:i757iimd.
standards and procedures for the a5itomnnt of nuiaances, foothraj stated
thorn sEu 3t 1683t two Uuild+._t y1 thin Imes City that acct the d04041 i01%
of ahaiN&a.,ad buildangt at nr incd in the pttp-_9e+d OH!!h mra &=V-Ieeat.
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IOWA CITY CITY COUNCIL
INFORMAL MEETING
JULY 25, 1988
PAGE 3
Horowitz inquired about the status of a house located in her neighborhood,
1121 Kirkwood. Boothroy said the enforcement officer would decide if the
building would constitute a nuisance. Boothroy said that specific house
appears to be kept up, but under the proposed set of regulations the City
could administratively take action to cause it to be repaired. or,
administratively or with the municipal infraction, have the house removed
or demolished. Horowitz referred to the ordinance, Section 1, Article 6,
Section 24-101(a) Hazardous Wastes, and asked about the enforcement.
Boothroy said that it will be enforced primarily through the Johnson
County Health Department. Boothroy referred to Section 24-102(d)
Hazardous Wastes. Ambrisco asked if State statutes limits the maximum
amount of fines. Boothroy said $100 is the maximum under the municipal
infraction process for first offense and $200 is maximum the City could
cite for a repeat offense. Goothroy recommended that $100 is a reasonable
amount to cite someone for first offense. In response to Larson, Boothroy
agreed that the proposed ordinance would allow a house to remain vacant as
long as it did not violate the Housing Code or was not loft unsecured.
Larson raised concerns that the ordinance could be over -broad. Boothroy
noted that some communities use a registration process for vacant
buildings.
Courtney asked when the proposed ordinance could be applied to existing
abandoned building nuisances. Boothroy said the ordinance would apply to
existing situations. Timmins stated that if buildings are in n hazardous
condition now and constitute a nuisance, they would not be grandfathered
In under the proposed ordinance. Timmins said the ordinance would allow
the City to procoeJ in magistrate's court. Larson stated a person should
be given a warning before the ordinance would be applied or take effect.
Council agreed to direct
ordinance,
staff to prepare the final draft of the
Reel 68.41, side 1
McOonald stated that Council had previously discussed this latus and the
Le9.1 D00ii1a,011 hii 0etFea lned the Cit hii the authority to regulate
newspaper vending eachlnes. McDonald referred to the handout LDAif
fir-- m -W}p fnslr) and noted that there were 26 newspaper vending
machines Tn 19b1, 41 in 1985, 54 in 1987, and 74 1n 1988 In the downtown
business district.
eoyla stated Cnan?!l received his July 20th aeapreod,ia regarding
regulation of nowsreas an City property (update). Boyle stated he
rorelve a copy of a derittan of the Llghth Clrcult snort of Apposla, dated
July 11, wT,iih iuil64164 Judge $tewirt's Ja filar, Ir, (he Cos Moines
naa;rack c:ir, 4W1t rrr'artcd the ordinance, at prlltor., -.11,1 the $10
annual newareca lee wire FWstalned, bei the tpecih e/Rnderd+ ware nv1
addressed by the p!strirt Court or Court of Appeals. Hoyle stated the
proposed ordli,se,ce ii inKtrled after the Dai Rothia a dlitii4Ci, Boyle
stated the ordlnanrs tries to Insure that sldewalas slay risar and that
Ihere are ne d4play advertlsomenls on t.ha side of the neweru A
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MINUTES
IOWA CITY CITY COUNCIL
INFORMAL MEETING
JULY 25, 1988
PAGE 4
Courtney asked if the 250 foot requirement (Section 31-162A.(4)) could be
expanded or narrowed. Boyle said he was not aware of any court decision
relating to the 250 foot requirement and the question that should be
addressed is: is the newspaper being given a fair opportunity to
distribute the paper?
Cain stated that two years ago when the Design Review Committee addressed
modular units on the City Plaza, they recommended that the modular units
be put in the downtown area, bounded by Burlington Street, South Capitol
Street, Iowa Avenue, and Linn Street. Cain said the ordinance, as
proposed, addresses modular units just on the City Plaza. Horowitz asked
if the Design Review Committee looked at examples of modular units. Cain
replied that Design Review Committee members have seen modular units
designed by Birkley Small and modular units used in the Des Moines skywalk
system. Cain presented a photo of newspaper vending machine modular units
located in Boulder, Colorado. Larson asked why newspapers should be
placed in modular units. Cain said a uniformed modular unit offers
convenience, safety and is aesthetically pleasing. Larson asked if the
ordinance would limit the number of newspaper vending machines located in
the Plaza. Boyle said it would not. Timmins said there are cities who
have held lotteries to see what newspapers get into the banks of newspaper
vending machines.
McDonald reported correspondence was received from Mary Stier, publisher
of the plMLJ..iJJ=- Mary Stier appeared and stated the Prtil -Citizen
would like to work with the Cityi rack sales constitutes 18% of rile UMA--
Citizen sales, and the is open to looking at modular racks.
Stier asked the City to work with area publishers and representatives of
the newspaper to reach a compromise without having to pass in ordinance.
McDonald said City stiff previously met with newspaper representatives
three or four years ago to discuss this Issue. Bill Casey, publisher of
the QA1]y J4WAD, Denver Dickson, representing the Cedar Rapids fiiiB_gt,
and Bob (harp, state circulation manager for the Des Moines Reatstlt, also
spoke In favor of working on this issue with City staff before pasting an
ordinance. Larson said there may be advantages to having a voluntary
9grefmant with area p011€hers. [ourtney asked Mary Stier why the Pot--
Lit111D uses to Arany newspaper vending machines. Stier uid 1t enables
the PAP-riil"A to call (sore newspapers. Stier noted that newspaper
rack sa et are the (assail growing area, Courtney said the number of
newspaper vending machines In the downtown plan Is a tin.
Council agreed that stiff should *wet with area publishers to work on the
newspaper vending machine Issue. Atkins stated Council needs to Ihditato
to staff what the acceptable elements of the ordinance are, kdbriseo said
it it the illy (94wrll't rotpon"lbility to koop Iowa City baeutiful.
Ainbri.rg at€la,i the proiifer€tion of newspaoor vandine machlnmc should be
:ddrv.ied vsluster11Y, roortnay suggcard that the ih!±!gr. Eer!rr.
Committee he Involved in dlarussions regarding the newipsper vbading
m4thino€.
MINUTES
IOWA CITY CITY COUNCIL
INFORMAL MEETING
JULY 25, 1988
PAGE 5
COUNCIL TIME/AGENDA:
Reel 88-41, Side 1
1. McDonald stated Council received correspondence from the Iowa City
and Coralville Convention and Visitors Bureau requesting $5,000 to be
used for the Bureau's restricted loan fund. Courtney explained the
Bureau loans money to organizations to enable them to make bids for
conventions to be held in Iowa City. The City Council agreed to
appropriate the $5,000 to the Convention Bureau.
2. Atkins announced that the Heartland Management has requested use of
the City Council Chambers at 10:30 Tuesday to present information
relating to Cedarwood.
3. Larson noted that applications to fill the Council position to be
vacated by Kate Dickson are still being accepted. No deadline
currently exists.
4. (Agenda item No. 12 - Chapter 28E Agreement with University/Chilled
Water Facility.) Timmins distributed the draft of the 28E Agreement
between the City of Iowa City and the University of Iowa providing
for the development, use, occupancy, management and operation of the
University/City parking and chili ed water facility and water storage
facility. Timmins noted the resolution of intent for the 28E
Agreement is scheduled on Council's formal agenda. The final form of
the documents will be presented to Council on Tuesday. (Further
discussion after Item No. 5.)
5. Agenda Item No. 14 - A license agreement between Iowa City and
TLT.) Timmins said the proposed draft of the map will be presented
to Council and the City has accepted a one-time discount license fee
OF $5,825 instead of the proposed $1,000 per year for the 25 year
term.
4. (Continued.) Larson asked If the public will be able to used the
Proposed University parking facility. Timmins stated parking will be
controlled by the University. Atkins said he will ask the university
about the use of the parking facility.
5. (Agenda item No. 11 • Agroamont between City and Stanlay Consultants
or provision of valued englnooring/wattewater transportation
Facilities improvements project:) Horeieftt asked how the Part M
Subsection I differs from what love City hired a consultant manager
for. Timmins said this agenda item relates to milestone schedule for
all of the sewer project. Atkins owptsined the City is mann ing
ikas4S%4r"gd 06wor4 an.i lotarcoptuy iowort its-hgyse 404 19 stably
become eligible for faders) attittence for the neighborhood %*wort
and interceptor!; the City mutt de a velued "ineerfrtg prvgrom by on
independent contractor.
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MINUTES
IOWA CITY CITY COUNCIL
INFORMAL MEETING
JULY 25, 1988
PAGE 6
EXECUTIVE SESSION:
Reel 88-41, Side 2
Moved by Ambrisco, seconded by Dickson, to adjourn to executive session
under Section 21.5I. to evaluate the professional competency of an
individual whose appointment, hiring, performance or discharge is being
considered when necessary to prevent needless and irreparable injury to
that individual's reputation and that individual has requested a closed
session (City Attorney evaluation). Affirmative roll call vote unanimous,
6/0, Strait absent. The Mayor declared the motion carried. The Council
adjourned to executive session at 8:05 p.m.
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