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HomeMy WebLinkAbout1989-04-04 Council MinutesInformal Council Discussion March 6, 1989 Informal Council Discussion, March 6, 1989, 6:30 p.m, Council Chambers. Mayor John McDonald presiding. Councilmembers present: Ambrisco, Balmer, Horowitz, Kubby, Larson, McDonald. Absent: Courtney. Staff present: Atkins, Helling, Karr, Timmins, Beagle, Davidson, Rockwell, Schoenfelder, Schmadeke, Horton, Smith, Pelkey. Tape-recorded Reel 89-10, Side 1 and 2, I -End. CONSENT CALENDAR: Reel 89-10, Side 1 Counncil agreed to add a Class C Beer Permit for Kum and Go and a Class E Liquor License for Claret and Friends to the Consent Calendar. PLANNING AND ZONING MATTERS: A. B. C. Reel 89-10, Side 1 Setting a public hearing for March 21, 1989, on a River Corridor Overlay (ORC) zone amendment regarding the 30 -foot setback. Beagle stated this item is scheduled for separate discussion. Beagle stated this request request to preliminary plat family lots and Council will application as well. was made in conjunction with another this area into 20 zero lot line single be presented with that preliminary plat Beagle stated the Planning and Zoning Commission recommended approval of this rezoning by a vote of 5-1, which is consistent with staff recommendations; the rezoning would permit the construction of seven two story, four -unit condominium structures on a 6.7 acre parcel of land; and the balance of the vacant land would be subdivided into 30 single family residential lots. Kubby asked if the developer would build all of the condominiums at one time. Beagle answered that Mr. Happel has indicated he will only proceed on buildings that he has firm commitments. Beagle explained the preliminary PDH plan is for seven four -unit condominium structures; if that is passed and approved, the developer would be bound to commit to that construction; and if the developer is unable to market those units, then he would have to come back and amend the preliminary PDH. Kubby asked if the developer would build all condominiums with the same type of materials. Beagle said the developer would have to conform to the design standard of the unit that has been proposed. The staff would evaluate exterior features of the structures. Kubby asked why Informal Minutes March 6, 1989 Page 2 the Planning and Zoning Commission Dierks voted no. Beagle stated Dierks shared the concerns of neighborhood residents that there was reasonable expectation that the entire land would be developed as RS - 5. RIVER CORRIDOR SETBACKS AND RIVER WALK PROJECTS: Reel 89-10, Side 1 Rockwell distributed copies of Section 36-45, with suggested revisions. Rockwell stated the Riverfront Commission will present additional information to Council prior to the March 21 public hearing. Rockwell explained that currently the property owner has the discretion to set the 30 foot setback area from either the floodway encroachment plan line or the riverbank line and the Riverfront Commission thought it would simplify things, in terms of enforcement and public understanding, to always have the setback from the floodway encroachment line. Rockwell presented and explained the overhead projects of the horizontal view of floodway and aerial view of floodway. Rockwell stated floodway maps of Iowa City depicting the difference between the riverbank line and the floodway line will be prepared for Council information. Larson requested information regarding the impact on the proposed developments and property owners. Horowitz inquired about the effect on the overall Johnson County. Rockwell said there is no overlay zoning within Johnson County or Coralville and the Riverfront Commission has not discussed an overlay. Balmer raised concerns about the University not having to comply to the regulations. Horowitz said Iowa City has a responsibility for future development. In response to Kubby, Rockwell said there are five houses along Taft Speedway that could be impacted upon. Robert Wachal, Riverfront Commission Chairperson,noted Council received his February 28, 1989 memo regarding proposed river walk grant application. Rockwell presented overhead projections Iowa River and outlined what has already been done and what is proposed. Rockwell explained the Riverfront Commission would like to establish a river walk along Riverside Drive from Iowa Avenue south to Burlington Street. Wachal asked Council to allow the Riverfront Commission to prepare a grant application - a 25% city match/75% funding from IDOT recreational trail grant program. Wachal said estimated cost is $25,600 and the City's matching amount would be an estimated $6,400. McDonald asked if the proposed river walk for the Iowa Avenue to Burlington Street section would cost $25,600. Wachal said $25,600 is for the City's section of the river walk, not the University of Iowa's property. In response to Larson, Wachal said that the parking is the area between the sidewalk and the river and the fence will be located at the Burlington Street end of the project between the sidewalk and the river. Rockwell said the property for the proposed sidewalk is owned by IDOT. Larson inquired about lighting for the river walk and raised concerns about night time safety. Wachal said street lighting is already in the area. Ambrisco asked if parkland acquisition funds could be utilized for the project. Atkins said it would be legitimate to use parkland acquisition monies any time the City creates additional recreational opportunities. Balmer asked for additional information regarding removal of warrants. Rockwell said that issue is still being reviewed by IDOT and the local IDOT engineer supports removal of the warrant. Wachal said Jeff Davidson, Transportation planner for JCCOG and Casey Cook, P&Z representative, are available for comments. Kubby asked if the application would be applied for jointly by Iowa City, Informal Minutes March 6, 1989 Page 3 University of Iowa and Coralville. Wachal said the University of Iowa cannot make a grant application for state funds. Jeff Davidson said that JCCOG would be completing the application on the part of the City and IDOT recreational grant program is part of the Governor's Transportation 2000 program. Davidson said there is approximately $1 million a year available from this program. Casey Cook stated the Planning and Zoning Commission has passed a resolution in favor of the proposed project. Cook stated the river corridor addresses traffic, open space and environmental issues; the trail could be used by bikes and pedestrians, as an alternative to Riverside Drive; the river corridor system would provide intercity green space, and the river corridor system offers greater utility of parkland. Cook asked that the City consider setting aside land from the waste treatment plant and bus barns for the trail system and design the trail system into the Benton Street Bridge project. Cook said the trail would also add to economic development of the area. Horowitz asked if bikes could also use the trail. Davidson said that the trail would not technically be a bike path. Atkins asked that supplementary lighting be added into the grant application. Ambrisco offered that UDAG repayment monies could be used for the project. Council agreed to support the grant application and fund the City's matching portion of the grant. ANIMAL SHELTER PLANS AND SPECS: Reel 89-10, Side 1 Atkins stated he met with Dale Helling and Jim Schoenfelder to discuss the number of deducts and potential impact on the project. Atkins said the specifications that were originally prepared were performance specifications which allows greater latitude by the Contractor versus prescriptive specifications which is much more narrowly defined. Atkins said that once the bids and specs are approved by Council, staff will have a pre-bid conference with prospective contractors; proposed plans need to comply with certain state regulations, such as the size of pins, temperature of the floor, sanitation rights and separation of animals; and there is a likelihood that not many of the items on the list of deducts will come back. Atkins explained the list of deducts will be included in the base bid and the bidders are required to show them separately as potential deducts from the bid. In response to Ambrisco, Atkins said the Animal Shelter Director, Bev Horton, has reviewed the list of deducts. Kubby inquired about the square foot cost of the project. Schoenfelder said per square foot cost for the project is estimated at 522423. Kubby asked if the mural on the exterior wall of the present animal shelter facility will remain. Horton stated plans are to install insulation and siding to the exterior wall. Balmer said the pre-bid conference will be important to clarify plans and specs to the contractors. Schoenfelder said a letter will be sent to prospective contractors regarding the pre- bid conference. Council agreed to proceed with the proposed animal shelter plans as presented. Kubby asked if proposed plans include passive solar systems. Schoenfelder explained a tram wall on the existing building and a passive direct gain space in the reception area will be utilized. WHITE GOODS RECYCLING: Reel 89-10, Side 2 McDonald noted Council received City Manager's March 1 memo regarding recyling of white goods. Kubby noted 1,000 white goods per month are picked up by City workers. Atkins noted Floyd Pelkey, is in charge of the Informal Minutes March 6, 1989 Page 4 Iowa City Refuse and Landfill operations. Atkins said the City would act as a collection agency. Horowitz asked where the white goods would be stored until scrap metal dealers picked up the white goods. Horowitz said demand for scrap metal is very seasonal. Atkins said the City would agree to stockpile the white goods. Atkins said the City presently has a special pickup for white goods. Larson raised concerns about the proposed fee deterring use of the white goods recycling program. Larson said there should be some type of incentive for people to use the program. Atkins noted that the City is trying to start recycling with the current complement of personnel. Atkins said citizens will be notified of the program. In response to Balmer, Atkins said private contractors will also be notified. Kubby asked if people would be allowed to take used appliances for reuse. Atkins said the City does not want to get in to the used furniture business and when the City accepts white goods at the landfill, the City becomes the hazardous waste handler and is responsible for it. Kubby suggested that the City ask citizens to try to sell their used appliances to a used appliance store before sending it to the landfill. Council agreed to proceed with the white goods recycling program as proposed. Horowitz asked if Schmadeke received information regarding the Illinois Program of Materials Exchange. Schmadeke said he had not. Kubby asked what costs are associated with the white goods recycling program. Atkins said big expenses are associated with handling. Atkins noted PCB will be removed estimated cost $2.00 per pound and it is estimated there will be 1200 pounds per year. UDAG REPAYMENTS: Reel 89-10, Side 2 Council agreed to schedule discussion of use of UDAG repayment monies at the City Council goal setting session, April 11, 1989. APPOINTMENTS: Housing Commission: Historic Preservation: Mayor's Youth CCN: COUNCIL TIME/AGENDA: 1. Ben Moore 2. Reginald Williams 3. John McMahon 1. Elizabeth Kahler 1. Linda Quinn 2. Theora Evans -Dodd Gary Fink Thomas Skaggs Reel 89-10, Side 2 Reel 89-10, Side 2 Kubby noted the Airport Commission is proposing changes in their bylaws relating to open meetings law and that Section 5 should use "his/her". McDonald noted a proposed change in the Airport Commission by-laws would not require appointments to be made by the Mayor. Council agreed to refer these issues to the City Council Rules Committee. i Informal Minutes March 6, 1989 Page 5 2. Kubby inquired about the qualifying list for Mass Transit Operators. McDonald stated the qualifying list is a list of persons that qualify for the position and is not in a specific order. 3. Ambrisco inquired about the City of Iowa City's nepotism policy. Helling explained the City's policy would not preclude related people from being on the same shift but would preclude one family member from supervising another family member. 4. (Agenda Item #16 - Acquisition of certain temporary construction easements and permanent sewer easements - sludge force construction project/Iowa City's Wastewater Facilities Improvement Project.) Timmins distributed the handout, Acquisitions for Sludge Force Main Pro.iect. EXECUTIVE SESSION: Moved by Ambrisco, seconded by Horowitz to adjourn to executive session under Section 21.5.0 to discuss strategy with Council in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 6/0, Courtney absent. Mayor declared the motion carried. Council adjourned to executive session at 8:00 PM. i Informal Council Meeting March 21, 1989 Informal Council Meeting, March 21, 1989, 6:30 p.m., Council Chambers. Mayor Pro tem Courtney presiding. Councilmembers present: Courtney, Horowitz, Kubby, Balmer, Larson. Absent: McDonald, Ambrisco. Staff present: Helling, Atkins, Karr, Timmins, Fosse, Schmadeke, Schmeiser, O'Malley, Smith. Tape-recorded Reel 89-18, Side 1, 1 -END, Side 2, END -583. PLANNING AND ZONING MATTERS: Reel 89-18, Side 1 A. PUBLIC HEARiNr, nN AN nRnTNANrr Tn orTnmc n c o., ern, B. Schmeiser presented a plat map. Schmeiser explained the rezoning request would remove the OPD -H zoning and the property owner wants to replat the area into 20 single-family lots. Horowitz asked what criteria the City uses to remove the planned development overlay of a residential area. Schmeiser said the original proposal included a mixture of different types of residential dwellings, the attached single-family dwellings were marketed very successfully, and therefore, property owners are now interested in pursuing the attached single-family dwellings. Horowitz noted it is strictly market forces that move the PDH off an area. Horowitz inquired about the stream located in the subdivision. Schmeiser said the stream goes north and drains into a stormwater detention basin at the north end of the Ty'n Cae developments. Schmeiser said that major concerns raised at the public hearing were conformity of this development with the Comprehensive Plan and closeness of access to this development to the property to the east. Schmeiser explained the Comprehensive Plan does not establish the zoning classification and the Comprehensive Plan map shows this area for 2-8 dwelling units per acre of residential development. Schmeiser said a presumption is made that when an area is designated for 2-8 dwelling units per acre of residential development, that that land will be zoned RS -5. Schmeiser said the Zoning Ordinance does stipulate that in areas like this the OPD -H zoning should be encouraged. Schmeiser read the purpose section of the OPD -H zone, page 73, Section 36.47.A Planned Development Housing Overlay Zone. Schmeiser said the six and seven -tenths acres of land consumed in the floodway is difficult to develop because of the environmental conditions of the land; there is a little more than 22 acres of land in the development; and it would be difficult to develop the property at five dwelling units per acre with approximately one-third of the area consumed in the floodway area. Schmeiser said staff recommended that an OPD -H zone be used to give the developer flexibility. Minutes Informal Council Meeting March 21, 1989 Page 2 C. Schmeiser explained that because of the floodway, it is difficult to gain access to the property. Schmeiser said access could be gained from the west off of Mormon Trek Boulevard, but staff prefers access to be gained off Benton Street. Schmeiser said Larry Schnittjer, MMS Consultants, has drawn alternative plans with the access drive being located further west and the buildings being located between the drive and the single-family lots. Larson asked if the drive could be moved further west and have green space between the drive and the buildings. Schmeiser said the drive could be moved west 110 feet. Larry Schnittjer presented the proposed plan and an alternative plat design. Schnittjer, Schmeiser and City Council discussed the proposed versus alternative plats as presented by Schnittjer. Larson asked if Council turned down the proposed property, would Council have any latitude to deny a project that platted small single-family dwellings from small lots. Schmeiser said the developer can now plat the area into small lots. Courtney stated OPD -H zones create trouble, hard feelings in neighborhoods, and problems within the development. Schmeiser said there are always problems with infill development. Horowitz stated she supported the OPD -H process. Larson said the proposed development does not conform to the purpose section of the OPD -H Zoning Ordinance. Schmeiser stated OPD -H zoning allows clustering on usable areas of the tract. Schmeiser said financing of the project is affected when one-third of the land cannot be used. Schnittjer explained the developer wants to make the best use of the property. Councilmembers discussed neighborhood opposition to the proposed development. Atty. Nancy Willis, representing Byers & Happel, presented the preliminary plat of Cameron Subdivision. Willis asked for Council's response regarding development of 13.75 acre portion of the proposed development. Horowitz said the zoning of the 6.75 acre area, OPD -H or RS -5, will affect the upper 13.75 acre area. Council discussed development alternatives. Council agreed to defer action on the ordinance. Bill Happel, prospective purchaser, spoke in favor of the proposed development. Happel stated the project is not a retirement condominium project, the project is aimed toward professional single people and couples without children who want medium to high grade housing, the condominium will not be turned into rental units, and a comparable project in Cedar Rapids has been successful. Happel said he has purchased the northern 13.75 acres and has made an offer, subject to rezoning, to purchase the south 6.75 acres. Schmeiser said this is a proposal to develop a child care facility on Northgate Drive. Schmeiser presented a plat map to Council. Schmeiser said the facility will accommodate 131 children, creating an opportunity for traffic circulation problems in the area. Schmeiser said the solution to the traffic circulation problem is to have an additional space reserved to allow cars to turn around in. Minutes Informal Council Meeting March 21, 1989 Page 3 9 Horowitz said staggered drop-off times make it difficult to predict the volume of traffic at peak periods. Schmeiser said more children will be taken to the facility before 8:00 a.m. Horowitz said the owner and designer should be questioned about drop-off and pick up times for child care. Larson raised concerns about the need for additional parking space. Courtney said the owner can address concerns raised by Council at Council's formal meeting later that evening. No Council comment. OUTDOOR SERVICE AREAS: Reel 89-18, Side 2 Karr said Seasons Best was put on the agenda because it was the first such request of its type and it is not scheduled for action until Council's April 4th meeting. In response to Larson, Karr said all outdoor service area requests will come to Council on the Consent Calendar. Larson asked that an outdoor service area needing a waiver of requirement, such as Seasons Best, come before Council as a formal item. Karr said it would be done by a motion. Council agreed to place outdoor service area requests not requiring waivers on the Consent Calendar. APPOINTMENTS: Reel 89-18, Side 2 Animal Control Advisory Board - reappoint Janice Becker. Courtney stated Executive Session will be held after Council's formal meeting. Council adjourned to Council's formal meeting at 7:30 p.m. PC -3 OFFICIAL COUNCIL ACTIONS - 3/21/89 The cost of publishing the following proceedings and claims is $ . Cumulative cost for this calendar year for said publication is $ Iowa City Council, reg. mtg., 7:30 p.m. at the Civic Center. Mayor Pro tem presid- ing. Councilmembers present: Balmer, Courtney, Horowitz, Kubby, Larson. Absent: Ambrisco, McDonald. The Mayor Pro tem proclaimed March 24- 31, 1989, as COMMUNITY DEVELOPMENT WEEK. Committee on Community Needs Chairperson Anne Rawland accepted the proclamation. The Mayor Pro tem also proclaimed April 1- 8, 1989, as WEEK OF THE YOUNG CHILD; March 21, 1989, as DIABETES AWARENESS DAY. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Actions of the regular meeting of 3/7 and the special meeting of 3/9 as published, isubject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Comm. - 3/8; Bd. of Library Trustees - 2/23; Interim NPO Bd. of Directors - 2/14; Police and Fire Retirement Systems Bds. joint mtg. - 1/31, 2/28; CCN Comm. - 2/21; Riverfront Comm. - 2/15; P&Z Comm. - 3/1. Permit Motions and Resolutions: Class B Beer Permit for Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert. Class C Liquor License for B.P.O. Elks #590, 637 Foster Road. Class B Beer Permit for Long John Silver's #9, 1940 Lower Muscatine Road. Class C Liquor License for College St. Club, 121 E. College Street. Class C Beer Permit for C Mart 059, 302 S. Dubuque Street. Class C Beer Permit for C Mart #58, 606 S. Riverside Drive. Class C Liquor License for Sports Column Corp., 12 S. Dubuque Street. RES. 89- 55, ISSUING DANCING PERMIT. Correspondence: Memo from the Traffic Engr. re handicapped parking in the 100 block of Church Street. Applications for the Use of Streets and Public Grounds: Bicyclists of Iowa City to have the Old Capitol Council Actions March 21, 1989 Page 2 Criterium on 6/25/89, approved. Repro- ductive Rights Coalition for permission to picket in front of the Savings and Loan Building on 3/8/89, approved. Reproductive Rights Coalition for permission to picket in front of the Savings and Loan Building on 3/15 and 22/89, approved. Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center to have a table on City Plaza to distribute literature and sell craft items, approved. The Mayor Pro tem declared the motion carried. A public hearing was held on an ordinance to rezone a 5.841 acre parcel located South of Plaen View Drive and east of Mormon Trek Boulevard from PDH -8 to RS- B. Moved and seconded to defer to 4/4 consideration of an ordinance approving the preliminary planned development housing (PDH) plan for Willowbrooke Pointe Condominiums, Iowa City, Iowa. The Mayor Pro tem declared the motion carried. Moved and seconded to adopt RES. 89-56, APPROVING A PRELIMINARY LARGE SCALE NON- RESIDENTIAL DEVELOPMENT PLAN FOR CREATIVE WORLD CHILD DAY CARE CENTER ON LOT 18, HIGHLANDER DEVELOPMENT, FIRST ADDITION, IOWA CITY, IOWA. The following people appeared for discussion: Dave Brost, architect for the project; Darlene McNulty, owner; Harry Wolfe, Southgate Development; Don Schmeiser, Planning & Program Dept. Dir. Moved and seconded to adopt RES. 89-57, APPROVING THE FINAL PLAT OF HUNTERS RUN SUBDIVISION, PART FIVE, A 20 -LOT, SINGLE- FAMILY RESIDENTIAL SUBDIVISION PROPOSED ON A 9.854 ACRE SITE LOCATED NORTH OF ROHRET ROAD AND WEST AND SOUTH OF EXISTING HUNTERS RUN DEVELOPMENT. Caroline Dieterle, Walnut Street, appeared and called attention to recent removal of a large tree at Lucas and Walnut Streets that did not appear to be diseased. Leonard Yeggy, 840 St. Anne's Drive, appeared and requested Council stop the application of chemicals to the ground within the City. Council Actions March 21, 1989 Page 3 A public hearing was held on proposal to convey a portion of a vacated alley in Block 46 in East Iowa City, an addition to Iowa City, Iowa. A public hearing was held on an ordinance amending Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, (1) by repealing Section 15-66 thereof, and enacting in lieu thereof a new Code Section to be codified the same, providing for the establishment of a Delinquency Deposit for combined water and/or sewer and/or solid waste collection accounts. Moved and seconded to continue the public hearing to the 4/4 mtg. The Mayor Pro tem declared the motion carried. A public hearing was held on an ordinance amending Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, (1) by repealing Sections 33-48, 33- 149, 33-163, 33-164, 33-165, and 33-169 thereof, and enacting in lieu thereof new sections to be codified the same, providing for (A) the establishment of a Delinquency Deposit for combined water and/or sewer and/or solid waste collection accounts (B) revisions in procedures for the installa- tion of primary and second water meters, and (C) revisions to fees for second water meters, for water use during construction, and for direct water purchase; and (2) by enacting two new sections to be codified as Sections 33-156 and 33-167, providing for changes in the procedures for removal of water meters, and setting forth the fees and billing procedure upon change in tenant account in a separate Code Section; and (3) by deleting subsections (B) and (E) from Section 33-154 due to the inclusion of those provisions in other sections. Moved and seconded to continue the public hearing to the 4/4 mtg. The Mayor Pro tem declared the motion carried. A public hearing was held on an ordinance amending Chapter 32.1, entitled "Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa, by amending Sections 32.1-55 and 32.1-73 therein to, respectively, revise water service charges and fees, increase fees for temporary water during construction, and establish a delinquency deposit, combined, Council Actions March 21, 1989 Page 4 for city water and/or sewer and/or solid waste collection accounts. Moved and seconded to continue the public hearing to the 4/4 mtg. The Mayor Pro tem declared the motion carried. The Mayor Pro tem announced the follow- ing vacancies: Bd. of Library Trustees - three vacancies for six-year terms ending 7/1/95; CCN Comm. - one vacancy for a three-year term ending 7/1/92. These appointments will be made at the 5/2 meet- ing of the City Council. Moved and seconded to reappoint Janice Becker, 210 Windsor Drive, to the Animal Control Advisory Board for a three-year term ending 4/5/92. The Mayor Pro tem declared the motion carried. Moved and seconded TO APPROVE A TENTA- TIVE AGREEMENT WITH THE IOWA CITY ASSOCIA- TION OF PROFESSIONAL FIRE FIGHTERS, LOCAL 610, FOR A COLLECTIVE BARGAINING AGREEMENT EFFECTIVE JULY 1, 1989, THROUGH JUNE 30, 1991. The Mayor Pro tem declared the motion carried. Moved and seconded to adopt RES. 89-58, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH HILLCREST FAMILY SERVICES, INC. FOR THE USE OF 1989 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO REHABILITATE A FACILITY FOR A BOARDING HOUSE FOR CHRONICALLY MENTALLY ILL PERSONS. Moved and seconded to adopt RES. 89-59, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK, RESPECTIVELY, TO EXECUTE AND ATTEST A CONTRACT FOR CONSTRUCTION INSPEC- TION SERVICES WITH SHIVE-HATTERY ENGINEERS AND ARCHITECTS, INC., IN CONJUNCTION WITH THE CONSTRUCTION OF THE SOUTHEAST INTERCEPTOR SEWER AND THE SLUDGE FORCE MAIN. Moved and seconded to adopt RES. 89-60, AMENDING BUDGETED POSITIONS IN THE BROAD- BAND TELECOMMUNICATIONS DIVISION. Moved and seconded to adopt RES. 89-61, RECLASSIFYING A POSITION IN THE PURCHASING DIVISION OF THE FINANCE DEPARTMENT. Moved and seconded to adjourn to execu- tive session to discuss as a public employer, strategy regarding collective bargaining with City employee organiza- tions; as such discussion is exempted from Council Actions March 21, 1989 Page 5 the provisions of Chapter 21 according to Chapter 20.17(3). The Mayor Pro tem declared the motion carried. A more complete description of Council activities is on fyTti in teff" of the City Clerk. s/DARREL COC URT E , MAYOR P 0 TEM s/MARIAN K. KARR, CITY CLERK %Ito use .d -e- 7� Submitted for publication 3/30/89. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES March 21, 1989 Iowa City Council, reg. mtg., 7:30 p.m. at the Civic Center. Mayor Pro tem presiding. Councilmembers present: Balmer, Courtney, Horowitz, Kubby, Larson. Absent: Ambrisco, McDonald. Staffinembers present: Atkins, Helling, Timmins, Karr, Schmeiser, Schmadeke, Fosse, Milkman, O'Malley. Council minutes tape recorded on Tape 89-17, Side 2, END -1 and 89-19, Side 1, 1 -END, Side 2, END -694. The Mayor Pro tem proclaimed March 24-31, 1989, as COMMUNITY DEVELOPMENT WEEK. Committee on Community Needs Chairperson Anne Rawland accepted the proclamation, distributed buttons and invited all councilmembers to attend the award ceremony Thursday, March 30, at the Holiday Inn. The Mayor Pro tem also proclaimed April 1-8, 1989, as WEEK OF THE YOUNG CHILD; March 21, 1989, as DIABETES AWARENESS DAY. Moved by Balmer, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Actions of the regular meeting of 3/7/89 and the special meeting of 3/9/89 as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Historic Preservation Comm. - 3/8/89; Bd. of Library Trustees - 2/23/89; Interim NPO Bd. of Directors - 2/14/89; Police and Fire Retirement Systems Bds, joint mtg. - 1/31/89, 2/28/89; CCN Comm. - 2/21/89; Riverfront Comm. - 2/15/89; P&Z Comm. - 3/l/89. Permit Motions and Resolutions: Approving a Class B Beer Permit for M&T Investments, Inc. dba Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert. Approving a Class C Liquor License for Iowa City Lodge #590 B.P.O. Elks of U.S.A. dba B.P.O. Elks #590, 637 Foster Road. Approving a Class B Beer Permit for Common Stock Trust of Ellis I. Levitt & Central Management Corporation dba Long John Silver's #9, 1940 Lower Muscatine Road. Approving a Class C Liquor License for Silver L.G.R. Corp. dba College St. Club, 121 E. College Street. Approving a Class C Beer Permit for Coastal Mart, Inc. dba C Mart #59, 302 S. Dubuque Street. Approving a Class C Beer Permit for Coastal Mart, Inc. dba C Mart #58, 606 S. Riverside Drive. Approving a Class C Liquor License for Sports Column Corp. dba Sports Column Corp., 12 S. Dubuque Street. RES. 89-55, Bk. 100, p. 55, ISSUING DANCING PERMIT. Correspondence: Memo from the Traffic Engr. re handicapped parking in the 100 block of Church Street. Applications for the Use of Streets and Public Grounds: Bicyclists of Iowa City to have the Old Capitol Criterium on 6/25/89, approved. Reproductive Rights Coalition for permission to picket in front of the Savings and Loan Building on 3/8/89, approved. Reproductive Rights Council Activities March 21, 1989 Page 2 Coalition for permission to picket in front of the Savings and Loan Building on 3/15 and 22/89, approved. Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center to have a table on City Plaza to distribute literature and sell craft items, approved. Affirmative roll call vote unanimous, 5/0, Ambrisco, McDonald absent. The Mayor Pro tem declared the motion carried. A public hearing was held on an ordinance to rezone a 5.841 acre parcel located South of Plaen View Drive and east of Mormon Trek Boulevard from PDH -8 to RS -8. No one appeared. Moved by Balmer, seconded by Horowitz, to defer to 4/4/89 consideration of an ordinance approving the preliminary planned development housing (PDN) plan for Willowbrooke Pointe Condominiums, Iowa City, Iowa. The Mayor Pro tem stated there was extensive discussion at Council informal session and Council felt this item should be considered when all Councilmembers would be present. Affirmative roll call vote to defer unanimous, 5/0, Ambrisco, McDonald absent. The Mayor Pro tem declared the motion carried. Moved by Balmer, seconded by Horowitz, to adopt RES. 89-56, Bk. 100, p. 56, APPROVING A PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR CREATIVE WORLD CHILD DAY CARE CENTER ON LOT 18, HIGHLANDER DEVELOPMENT, FIRST ADDITION, IOWA CITY, IOWA. The following people appeared for discussion: Dave Brost, architect for the project; Darlene McNulty, owner; Harry Wolfe, Southgate Development; Don Schmeiser, Planning & Program Dept. Dir. Council discussed the staff recommendation that the plan be revised to include a second access drive to provide a more convenient traffic circulation system. Councilmembers referred to Planning & Zoning minutes of 3/1 distributed that evening, and raised concerns re possible traffic congestion. The Mayor Pro tem declared the resolution adopted, 4/1, with the following division of roll call vote: Ayes: Horowitz, Larson, Balmer, Courtney. Nays: Kubby. Absent: Ambrisco, McDonald. Moved by Balmer, seconded by Horowitz, to adopt RES. 89-57, Bk. 100, p. 57, APPROVING THE FINAL PLAT OF HUNTERS RUN SUBDIVISION, PART FIVE, A 20 -LOT, SINGLE-FAMILY RESIDENTIAL SUBDIVISION PROPOSED ON A 9.854 ACRE SITE LOCATED NORTH OF ROHRET ROAD AND WEST AND SOUTH OF EXISTING HUNTERS RUN DEVELOPMENT. Affirmative roll call vote unanimous, 5/0, Ambrisco, McDonald absent. The Mayor Pro tem declared the resolution adopted. Caroline Dieterle, Walnut Street, appeared and called attention to recent removal of a large tree at Lucas and Walnut Streets that did not appear to be diseased. The City Manager will follow-up and report back to Council. Leonard Yeggy, 840 St. Anne's Drive, appeared and requested Council stop the application of chemicals to the ground within the City. A public hearing was held on proposal to convey a portion of a vacated alley in Block 46 in East Iowa City, an addition to Iowa City, Iowa. No one appeared. Council Activities March 21, 1989 Page 3 A public hearing was held on an ordinance amending Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, (1) by repealing Section 15-66 thereof, and enacting in lieu thereof a new Code Section to be codified the same, providing for the establishment of a Delinquency Deposit for combined water and/or sewer and/or solid waste collection accounts. No one appeared. Moved by Balmer, seconded by Horowitz, to continue the public hearing to the 4/4/89 mtg. The Mayor Pro tem declared the motion carried unanimously, 5/0, Ambrisco, McDonald absent. A public hearing was held on an ordinance amending Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, (1) by repealing Sections 33-48, 33-149, 33-163, 33-164, 33-165, and 33-169 thereof, and enacting in lieu thereof new sections to be codified the same, providing for (A) the establishment of a Delinquency Deposit for combined water and/or sewer and/or solid waste collection accounts (B) revisions in procedures for the installation of primary and second water meters, and (C) revisions to fees for second water meters, for water use during construction, and for direct water purchase; and (2) by enacting two new sections to be codified as Sections 33-156 and 33-167, providing for changes in the procedures for removal of water meters, and setting forth the fees and billing procedure upon change in tenant account in a separate Code Section; and (3) by deleting subsections (B) and (E) from Section 33-154 due to the inclusion of those provisions in other sections. No one appeared. Moved by Balmer, seconded by Horowitz, to continue the public hearing to the 4/4/89 mtg. The Mayor Pro tem declared the motion carried unanimously, 5/0, Ambrisco, McDonald absent. A public hearing was held on an ordinance amending Chapter 32.1, entitled "Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa, by amending Sections 32.1-55 and 32.1-73 therein to, respectively, revise water service charges and fees, increase fees for temporary water during construction, and establish a delinquency deposit, combined, for city water and/or sewer and/or solid waste collection accounts. No one appeared. Moved by Balmer, seconded by Horowitz, to continue the public hearing to the 4/4/89 mtg. The Mayor Pro tem declared the motion carried unanimously, 5/0, Ambrisco, McDonald absent. The Mayor Pro tem announced the following vacancies: Bd. of Library Trustees - three vacancies for six-year terms ending 7/1/95; CCN Comm. - one vacancy for a three-year term ending 7/1/92. These appointments will be made at the 5/2/89 meeting of the City Council. Kubby noted the large number of applications received the last time there was a CCN vacancy and questioned whether they were kept on file. The City Clerk stated if the applicant expressed an interest to reapply, the application was kept on file for three months. Moved by Horowitz, seconded by Balmer, to reappoint Janice Becker, 210 Windsor Drive, to the Animal Control Advisory Board for a three-year term ending 4/5/92. The Mayor Pro tem declared the motion carried unanimously, 5/0, Ambrisco, McDonald absent. Councilmember Kubby noted the rerouting of traffic for the Benton Street widening and interceptor sewer projects and questioned whether the speed limit on Highway 1 could be decreased during the construction to allow for people to pull out of Hudson. Staff will investigate. Councilmember Balmer congratulated Council Activities March 21, 1989 Page 4 the City High Little Hawks basketball team on becoming the Class 3A State Champs. Larson echoed Mr. Balmer's comments and commended Mark Gannon on his induction into the State Basketball Hall of Fame and the Regina Runnin' Regals on their participation in the State Basketball Tournament. Larson commented on the State Law that requires an acting police chief to serve for 90 days only and that the naming of Asst. City Mgr. Helling to the Acting Police Chief position in no way reflected displeasure with the Asst. Police Chief. Councilmember Horowitz reported on the 3/15 Southeast Iowa Area League meeting attended by Mayor McDonald, Councilmember Courtney, and herself and announced that the 4/19 meeting of the organization would be hosted by Iowa City. Courtney commended on the City High Little Hawks and Regina Runnin' Regals advancing to tournament play and wished the Iowa Women's Basketball Team good luck in NCAA tournament play. Courtney noted the letter received by councilmembers from Dean Oakes re a delivery truck blocking an alley in the downtown area for 30 minutes. Staff will investigate. Moved by Balmer, seconded by Horowitz, TO APPROVE A TENTATIVE AGREEMENT WITH THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, LOCAL 610, FOR A COLLECTIVE BARGAINING AGREEMENT EFFECTIVE JULY 1, 1989, THROUGH JUNE 30, 1991. The Mayor Pro tem declared the motion carried unanimously, 5/0, Ambrisco, McDonald absent. Moved by Horowitz, seconded by Larson, to adopt RES. 89-58, Bk. 100, p. 58, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH HILLCREST FAMILY SERVICES, INC. FOR THE USE OF 1989 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO REHABILITATE A FACILITY FOR A BOARDING HOUSE FOR CHRONICALLY MENTALLY ILL PERSONS. Councilmember Horowitz expressed her pride in Iowa City for entering into this agreement. Kubby questioned the reference to 1989 on Section E, page 3, of the agreement, and also wondered if 47 days was enough time to complete the project. Staff will investigate prior to the release of signed documents. Affirmative roll call vote unanimous, 5/0, Ambrisco, McDonald absent. The Mayor Pro tem declared the resolution adopted. Moved by Balmer, seconded by Larson, to adopt RES. 89-59, Bk. 100, p. 59, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK, RESPECTIVELY, TO EXECUTE AND ATTEST A CONTRACT FOR CONSTRUCTION INSPECTION SERVICES WITH SHIVE-HATTERY ENGINEERS AND ARCHITECTS, INC., IN CONJUNCTION WITH THE CONSTRUCTION OF THE SOUTHEAST INTERCEPTOR SEWER AND THE SLUDGE FORCE MAIN. Affirmative roll call vote unanimous, 5/0, Ambrisco, McDonald absent. The Mayor Pro tem declared the resolution adopted. Moved by Larson, seconded by Balmer, to adopt RES. 89-60, Bk. 100, p. 60, AMENDING BUDGETED POSITIONS IN THE BROADBAND TELECOMMUNICATIONS DIVISION, increasing the Production Coordinator to full-time. Affirmative roll call vote unanimous, 5/0, Ambrisco, McDonald absent. The Mayor Pro tem declared the resolution adopted. Moved by Balmer, seconded by Kubby, to adopt RES. 89-61, Bk. 100, p. 61, RECLASSIFYING A POSITION IN THE PURCHASING DIVISION OF THE FINANCE DEPARTMENT, Sr. Clerk -Typist in Purchasing. Affirmative roll call vote unanimous, 5/0, Ambrisco, McDonald absent. The Mayor Pro tem declared the resolution adopted. Council Activities March 21, 1989 Page 5 Moved by Larson, seconded by Horowitz, to adjourn to executive session to discuss as a public employer, strategy regarding collective bargaining with City employee organizations; as such discussion is exempted from the provisions of Chapter 21 according to Chapter 20.17(3). Affirmative roll call vote unanimous, 5/0, Ambrisco, McDonald absent. The Mayor Pro tem declared the motion carried and adjourned to executive session 9:20. DARRELL COURTNEY, MAYOR PRO TEM MARIAN K. KARR, CITY CLERK COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES April 4, 1989 Iowa City Council, reg, mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: Ambrisco. Staffinembers present: Atkins, Helling, Timmins, Karr, Schmeiser, Lundell, Penney, Seydel, Davidson. Council minutes tape recorded on Tape 89-19, Side 2, 694 -END and 89- 21, Side 1, 1-477. The Mayor proclaimed April, 1989 as CHILD ABUSE PREVENTION MONTH; April 9.15, 1989 as BUILDING SAFETY WEEK; April 9-15,1989 as VICTIM RIGHTS WEEK; April 16, 1989 as SPRING CLEAN-UP DAY '89. Anne Tuttle, Chairperson of Celebrate Iowa City Task Force, briefed Council on upcoming events associated with Iowa City's Sesquicentennial May 4-6, '89, and thanked Council and staff for their support of the event. Moved by Balmer, seconded by Horowitz, that the following Items and recommendations In the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Actions of the regular meeting of 3/21/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. -2/21/89; P&R Comm.- 3/8/89; omm:3/8/89; Housing Comm. -3/14/89; Human Rights Comm. -2!27/89; P&Z Comm. -3/16/89. Permit Motions and Resolutions: Approving a Class C Liquor License for Kitty Hawk Co., Inc. dba The Kitty Hawk, 1012 Gilbert Ct. Approving a Class C Beer Permit for Stephen P. Lenoch dba Leo's Standard Service, 130 N. Dubuque. Approving a Class E Beer Permit for Claret & Friends, Inc. dba Claret & Friends, 212 E. Market St. Approving a Class C Liquor License for Season's Best, Inc. dba Season's Best, 325 E. Washington Street, Motions: Approving disbursements In the amount of $4,312,194.65 for the period of 2/1 thru 2/21/89, as recommended by the Finance Director, subject to audit. Setting Public Hearings: To set a public hearing for 4/18/89 to adopt the 1989 edition of the Uniform Building Code as amended. Said Code to be known as the Iowa City Building Code; To set a public hearing for 4/18/89 to adopt the 1989 edition of the Uniform Mechanical Code as amended. Said Code to be known as the Iowa City Mechanical Code; To set a public hearing for 4/18/89 to adopt the 1989 edition of the Uniform Fire Code as amended. Said Code to be known as the Iowa City Fire Code; To set a public hearing for 4/18/89 to adopt the 1989 edition of the Uniform Code for the Abatement of Dangerous Buildings, known as the Iowa City Dangerous Building Code, Resolutions: RES. 69.62, Bk. 100, p. 62, ACCEPTING THE WORK FOR SANITARY SEWER, STORM SEWER, AND PAVING IMPROVEMENTS FOR CERTAIN LOTS IN TY'N CAE SUBDIVISION, PART 3. RES. 89.63, Bk. 100, p. 63, ACCEPTING THE WORK FOR PAVING IMPROVEMENTS FOR TY'N CAE SUBDIVISION, PART 4. RES. 89.64, Bk. 100, p. 64, ACCEPTING THE WORK FOR THE SANITARY SEWER AND STORM SEWER IMPROVEMENTS FOR SAMUEL DRIVE ADDITION. Council Activities April 4, 1989 Page 2 Applications for the Use of Streets and Public Grounds: Phi Delta Phi Legal Fraternity and the University of Iowa College of Law to hold the Race Judicata on 4/8/89, approved. Reproductive Rights Coalition to picket in front of the Savings and Loan Building on College Street on 3/29, 4/5, 12, 19, and 26/89, approved. University of Iowa Department of Military Services to hold a "Cycleteering" event on 4/15/89, approved. Applications for the Use of City Plaza: Latin American Human Rights Advocacy Center to have a literature table and accept donations on 3/27 thru 4/2/89, approved. Horowitz commented on items 41(3); accepting the sanitary sewer and storm sewer improvements for Samuel Drive Addition, by stating concerns for the environment within the City. She requested staff Investigate possible tax abatement for owners of property considered environmentally fragile, The City Manager will follow up. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried and repeated the public hearings as set. Moved by Balmer, seconded by Kubby, to set a public hearing for 4/18/89 on an ordinance to rezone a 19,600 square foot parcel on the west side of Broadway Street from RM - 12 to P/RM-12. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Moved by Balmer, seconded by Courtney, to set a public hearing for 4/18/89 on an amendment to the Zoning Ordinance to permit neighborhood centers in medium to high-density residential zones. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Moved by Courtney, seconded by Horowitz, that the ordinance to rezone a 5.841 acre parcel located south of Plaen View Drive and east of Mormon Trek Boulevard from PDH -8 to RS -8, be given first vote for passage. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the motion carried. Moved by Balmer, seconded by Horowitz, that the ordinance to rezone a 6.759 acre parcel located at the northeast quadrant of the Benton Street and Mormon Trek Boulevard Intersection from RS -5 to PDH -5, all of the planned development housing (PDH) plan for Willowbrooke Pointe Condominiums, Iowa City, Iowa, be given first vote for passage. Individual Councilmembers expressed their views on the proposal. The Mayor declared the motion carried, 5/1, with the following division o1 roll call vote: Ayes: Horowitz, Larson, McDonald, Balmer, Courtney. Nays: Kubby. Absent: Ambrisco. Moved by Kubby, seconded by Horowitz, to accept correspondence from D.E. Barnard, 714 Brown, to reject the request, and from the applicant, Bill Happel, as follows: petition signed by nine residents of Spencer Drive supporting the 32 lot Condo Subdivision, no signatures supported the 60 plus lot single family development; petition from five residents of Slagle Circle and 2 residents of Leonard Circle supporting the 32 lot Condo Subdivision, no signatures supported the 60 plus lot single family development; pictures of the proposed buildings. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Moved by Balmer, seconded by Horowitz, to adopt RES, 89.65, Bk. 100, p. 65, EXTENDING THE EXPIRATION DATE FOR THE APPROVED PRELIMINARY LARGE SCALE NON- Council Activities April 4, 1989 Page 3 RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR PHASES VIII THROUGH IX OF MILLARD WAREHOUSE FOR A PERIOD OF 12 MONTHS. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Balmer, to continue to 4/18/89, the public hearing on an ordinance amending Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, by repealing Section 15-66 thereof, and enacting in lieu thereof a new Code Section to be Codified the same, providing for the establishment of a Delinquency Deposit for combined water and/or sewer and/or solid waste collection accounts; and the public hearing on an ordinance amending Chapter 32.1, entitled 'Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa, by amending Sections 32.1-55 and 32.1-73 therein to, respectively, revise water service charges and fees, Increase fee for temporary water use during construction and establish a delinquency deposit, combined, for city water and/or sewer and/or solid waste collection accounts; and the public hearing on an ordinance amending Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, (1) by repealing Sections 33.149, 33- 164, 33-165, and 33-169 thereof, and enacting in lieu thereof new sections to be codified the same, providing for (A) revisions in procedures for the installation of primary and second water meters, and (B) revisions to fees for second water meters, for water use during construction, and for direct water purchase; (2) by enacting three new sections to be codified as sections 33.48, 33-156 and 33-167, providing for (A) the establishment of a delinquency deposit for combined water and/or sewer and/or solid waste collection accounts, (B) changes in the procedures for removal of water meters, and (C) setting forth the fees and billing procedure upon change in tenant account in a separate code section; and (3) by deleting subsections (d) and (e) from section 33-154 due to the inclusion of those provisions in other sections. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Moved by Balmer, seconded by Horowitz, to defer to 4/18/89 consideration of an ordinance amending Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, by repealing Section 15.66 thereof, and enacting in lieu thereof a new Code Section to be codified the same, providing for the establishment of a delinquency deposit for combined water and/or sewer and/or solid waste collection accounts; and consideration of an ordinance amending Chapter 32.1, entitled 'Taxation and Revenues" of the Code of Ordinances of the City of Iowa City, Iowa, by amending Sections 32.1-55 and 32.1-73 therein to, respectively, revise water service charges and fees, Increase fee for temporary water use during construction, and establish a delinquency deposit, combines, for city water and/or sewer and/or solid waste collection accounts; and consideration of an ordinance amending Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa, (1) by repealing sections 33-149, 33-163, 33.164, 33- 165, and 33-169 thereof, and enacting in lieu thereof new sections to be codified the same, providing for (A) revisions in procedures for the installation of primary and second water meters, and (B) revisions to fees for second water meters, for water use during construction, and for direct water purchase; (2) by enacting three new sections to be codified as sections 33-48, 33-156 and 33-167, providing for (A) the establishment of a delinquency deposit for combined water and/or sewer and/or solid waste collection accounts, (B) changes in the procedures for removal of water meters, and (C) setting forth the fees and billing procedure upon change In tenant account in a separate code section; and (3) by deleting subsections (d) and (e) from section 33-154 due to the Inclusion of those provisions In other sections. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Council Activities April 4, 1989 Page 4 Councilmember Horowitz reported on her visit to the Iowa Fair Housing Awareness Project - mobile unit located in the downtown area April 4. Balmer stated he would be unable to attend the joint Council and Planning i£ Zoning meeting scheduled 4/11, and requested information be supplied prior to the meeting to enable preliminary comments. Balmer noted the upcoming Sesquicentennial events and stated expedited action may be necessary on a carnival request. The City Manager will follow up. Larson reviewed Council discussion the previous evening regarding open burning and informed citizens that burning will be allowed but any complaints received by the Fire Department will be acted upon and the fire immediately put out. He encouraged people to check with their neighbors prior to burning or schedule burning at a time that neighbors may not be home. Kubby noted earlier Council discussion re the composition of the Housing Commission and stated that a review of composition back to 1983 shows 32% were realtors or had connections to the construction business. She encouraged attendance and participation at a Women Against Racism conference that week. Kubby also noted that April 4, 1968, Martin Luther King was assassinated. City Manager Atkins reported that IDOT had been contacted regarding the lowering of the speed limit at the Highway 1/Hudson Street intersection during construction of the Benton Street sewer and widening of the bridge. IDOT will report back. He also announced the preliminary approval from the State Department of Natural Resources thru the Environmental Protection Agency of $3.7 million in federal aid for the sewer project, more information will follow. Horowitz stated that the East Central Iowa Council of Governments had also been successful In achieving a state grant to match our local monies for the solid waste management study. She estimated the monies to be around $38,000. The City Attorney requested time to discuss a revised resolution for Item 23, awarding contract for the Coralville/Iowa City Animal Shelter, later in the meeting. The Mayor announced the following vacancy: Mayor's Youth Employment Bd.-one vacancy for an unexpired term ending 4/15/92. This appointment will be made at the Council meeting of 5/16/69. Recommendation from the Housing Commission that the City of Iowa City not submit an application for FY89 Public Housing Funds, noted. Staffinember Lyle Seydel explained that monies available were very small and that presently 62 units were within the City and staff had a difficult time maintaining those units. He noted that the Housing Commission supported his recommendation, Moved by Horowitz, seconded by Balmer, APPROVING THE OUTDOOR SERVICE AREA AND THE WAIVER REQUEST OF SEASON'S BEST INC., DBA SEASON'S BEST, 329 East Washington Street, of 5-41(c) screening and 5.41(d) accessibility from licensed premises only. Kubby noted the amended diagram dropping the total number of tables to seven and questioned the number of applicants requesting waivers. The Mayor noted the number of regulations necessary to pursue an outdoor service area and that the number of establishments in such a position was limited. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. Moved by Horowitz, seconded by Kubby, to adopt RES. 89-66, Bk. 100, p. 66, TO CONVEY A PORTION OF A VACATED ALLEY IN BLOCK 46 IN EAST IOWA CITY, AN ADDITION Council Activities April 4, 1989 Page 5 TO IOWA CITY (Robert and Mary Ann Woodburn). Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, to adopt RES. 89-67, Bk. 100, p. 67, APPROVING A PLAN FOR PROJECTS AT THE DOMESTIC VIOLENCE INTERVENTION PROGRAM, EMERGENCY HOUSING PROJECT, AND YOUTH HOMES, INC. THAT ARE PROPOSED FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING. Staffmember Marge Penney present for discussion. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to adopt RES. 89-68, Bk. 100, p. 68, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE ELEVENTH RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES (SEATS). Affirmative roll call vote unanimous, 6/0, Ambrisco Absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to adopt RES. 89-69, Bk. 100, P. 69, ADOPTING THE ANNUAL BUDGET FISCAL YEAR 1990, ENDING JUNE 30, 1990, FOR PUBLIC HOUSING PROJECTS 3, 4, 5. Council complimented staff in the housing department on the program. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Courtney, to adopt RES. 89-70, Bk. 100, p. 70, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE EXECUTED FOR PROPERTY LOCATED AT 517 DEARBORN STREET. Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. The Mayor stated the next item was consideration of a resolution awarding contract for the Coralville/Iowa City Animal Control Facility and the City Attorney wished to address Council on this matter. The City Attorney explained that the 28E contract between the City and Coralville provides that Iowa City accept the bid for construction of the facility and award bid if the low bid does not exceed engineer's estimate. If the estimate Is exceeded the 26E contract requires Iowa City to obtain the approval of Coralville prior to the award. Therefore, a new resolution has been drafted that provides conditional award of the contract to Frantz Construction until Coralville formally accepts the bid. Moved by Larson, seconded by Horowitz, to adopt RES. 89.71, Bk. 100, p. 71, CONDITIONALLY AWARDING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THE CONTRACT FOR CONSTRUCTION OF THE CORALVILLE/IOWA CITY ANIMAL CONTROL FACILITY FRANTZ CONSTRUCTION CO., INC., LOW BIDDER ($325,768,000). In response to Council, the City Manager stated the Coralville share was approx, 13%, and should another jurisdiction choose to participate they would be obligated to buy Into the capital costs as well as the operating costs. Council commended staff, the committee, and Coralville on the cooperative efforts throughout this project. Balmer stated that remarks made at the Informal session the previous evening regarding cost of the project should in no way reflect condemnation of the advisory committee, just a concern re cost. Larson noted the $55,000 savings from the Initial bid for this project, Affirmative roll call vote unanimous, 6/0, Ambrisco absent. The Mayor declared the resolution adopted. Council Activities April 4, 1989 Page 6 Moved by Horowitz, seconded by Courtney, to adjourn 8:50 P.M. The Mayor declared the motion carried unanimously, 6/0, Ambrisco absent. 'r -IMAN MCDONALD, MAYOR MARIAN K. KARA, CrrY CLERK Informal Council Discussion April 3, 1989 Informal Council Discussion: April 3, 1989, at 6:30 p.m. at the Civic Center. Mayor John McDonald presiding. Council Present: McDonald, Ambrisco, Balmer, Horowitz, Larson, Kubby, Courtney. Staff Present: Atkins, Helling, Karr, Timmins, Horton, Schoenfelder, Schmeiser, Donner, 0 Malley, Schmadeke. Tape Recording: Reel 89-18, Side 2, 583-1, Reel 89-20, Side 1, 1 -End. McDonald stated the animal shelter construction bids will be discussed first. Animal Shelter Construction Bids/Formal Agenda Item H23 Reel 89-18, Side 2 Al Axeen, Animal Control Advisory Bd. rep., presented information regarding the proposed animal shelter construction project. In response to Councilmembers, Axeen stated the original project estimated cost was $300,000 and the first round bids received were approximately $390,000. Axeen and Councilmembers discussed the project bids and deductions. Kubby inquired about private fund raising plans. Axeen stated a committee is overseeing fund raising activities. Axeen said that any private funds received through fund raising will be used for inside items such as cabinetry, utensils, cat cages, etc. Larson asked how the construction project will be funded. Atkins explained the City will borrow funds from within the City, the payback is budgeted at $290,000 and the payment will be increased from $23,000 to $25,000 to cover the increase cost. Balmer said that he will support the project but raised concerns regarding the cost and magnitude of the project. Axeen said construction costs for animal control facilities are high. Animal Shelter Supervisor Bev Horton stated the proposed project will be a state of the art facility that will not become outdated soon. Dr. Paul Cooper, University of Iowa veterinarian, presented information regarding the design of the facility. Cooper stated increasing federal regulations will impact on city pounds and square foot construction costs for animal facilities are expensive. Cooper raised concerns that there is a potential to be at full capacity in the proposed facility in a short time. Larson stated a new facility has been needed for a long time, the proposed joint facility is a tremendous example of cooperation between Iowa City and Coralville, and $55,000 was saved by the rebidding process. Ambrisco noted his appreciation for the committee's work. Planning & Zoning Matters: Reel 89-18, Side 2 a. Schmeiser stated that land will be obtained from Southgate Development Company in exchange for a parcel of land, roughly equal in size, the City owns along the vacated right-of-way of Hollywood Boulevard. -T-/?) b. Sett M d. Schmeiser said the Zoning Ordinance is silent to neighborhood centers. Schmeiser said there is not a use in the Zoning Ordinance that specifically relates to neighborhood centers. Horowitz asked if the Zoning Ordinance and City Code defines the purpose of a neighborhood center. Schmeiser stated the proposed ordinance provision includes the definition as follows, "a neighborhood center as proposed is a use owned and operated by a non- profit organization as defined by Section 501.C.3 of the Internal Revenue Code, providing a place for social services, such as the care of children, supervised recreation, counseling referral for children and adults, and for support groups for children and adults in which such services are intended primarily, though not exclusively, for the persons within a one mile radius of the Center." Horowitz asked if the codes are written to reflect the objectives of why the City is putting a neighborhood center in a residential zone. Horowitz pointed out the neighborhood center is being placed in a high density neighborhood and asked if the code should reflect the impact of high density in certain developments to show a need for a neighborhood center. Atkins said that may be a matter of public policy. Schmeiser explained human services uses were erroneously excluded when the Zoning Ordinance was drafted. Schmeiser said human services are now permitted as office uses. In response to Larson, Schmeiser said Planning and Zoning Commission proposes to include neighborhood centers in all zones except RS -5 zones. Atkins suggested that Councilmembers could discuss this issue with the Planning and Zoning Commission at their scheduled April 11 joint meeting. Larson asked why the Planning and Zoning Commission deferred action on this item until March 6. Courtney explained the Planning and Zoning Commission always hold two public hearings, and always defers to the second public hearing for a vote. Schmeiser explained this will allow for construction of single-family residential development and constitutes a reduction in density from 56 multi -family and attached single-family dwellings to 20 lots for attached single-family dwellings or duplexes (40 if duplexes). In response to Larson, Schmeiser said there have not been any recent amendments to what is being proposed. Schmeiser said there are certain elements to the plan that may be altered. Schmeiser stated that since the Planning and Zoning Commission recommended in favor of the proposal, if Council were to deny the request, a joint meeting with the Planning and Zoning Commission should be held. e. Schmeiser stated this will extend the expiration date to August 1989. City/University of Iowa Utility Agreement: Reel 89-18, Side 2 Timmins noted Council received his March 31, 1989, memo regarding revised City/University Chapter 28E Agreement regarding utilities. Timmins explained the City had proposed a license agreement and the University objected to that proposal because they wanted identifiable easements that would have a life of their own outside of the agreement. Timmins stated the proposed agreement would operate to modify all of the University of Iowa's existing easements for the use of the City property and would also operate to modify and limit all future easements the City might grant to the University of Iowa. Timmins said another proposed change relates to the University of Iowa's continued right to maintain existing utilities in the right-of-way. Timmins stated the City is willing to give up the City's absolute right to tell the University if an when they can locate utilities in the street right-of-way. Timmins said the City has proposed an allocation system based on certain preferences in the use of City street right-of-way. The City would be able to decide, based on the allocation principles, but the City's decision would be reviewable by arbitration. Timmins said the allocation principle would only apply to City street right-of-way. Horowitz asked if it is possible to set a moratorium on the whole allocation principle until it is signed by both parties. Timmins said a copy of the letter the City Manager has previously sent to the University of Iowa in March 1988 indicating the City would not be approving any powering up of the underground power line until an agreement was signed was just sent to the University of Iowa and Iowa -Illinois Gas and Electric Company. Larson asked if Council approves the agreement as proposed, would the City give up its leverage to obtain the cable TV money. Timmins said no, the proposed agreement does not cover their cable TV system and does not provide any authorization for any future expansion of the system. In response to Larson, Timmins said it removes the leverage with regard to powering the underground power line. McDonald asked if the University of Iowa is ready to power up their line. Timmins said Jeff Duffy, Iowa -Illinois Gas and Electric, called and asked if the City was in a position where they would approve that line to be powered up. Timmins explained Iowa -Illinois Gas and Electric has to arrange a crew to do work over a period of several weeks before the line can be powered. Larson stated he does not want to allow the University to power the line until the University pays the City cable TV fees. McDonald stated Council made the decision, in previous discussions, to handle the cable TV fee as a separate issue. Horowitz stated the proposed utility agreement should not be held up over the cable issue. Council discussed the University cable franchise fee issue. Larson said the City should pursue the cable franchise fee from the University. In response to a question by Horowitz, Timmins indicated that the current would not be turned on and there wouldn't be any new work in the streets before the 28E agreement is signed by the Board of Regents. McDonald asked Timmins to keep Council informed regarding the status of the proposed utility agreement. Z—/O Water Rates/Service Charges: Reel 89-20, Side 1 Atkins said the changes involved the Department of Finance proposal and some significant changes operationally affecting the provision of water. Atkins said Kevin O'Malley, Assistant Finance Director, will explain the Department of Finance deposit changes. Atkins asked Council to postpone agenda items 7, 8, 9, 10, 11 and 12 to allow him to prepare a memo summarizing the issues. Council agreed to continue agenda items (public hearings) 7, 9 and 11 and to defer agenda items (ordinances) 8, 10 and 12. Kevin O'Malley explained the Finance Department would like to make residential and commercial deposits equal. O'Malley said currently the meter deposits are $50 for residential customers and a combination of the average two month billing for commercial customers. O'Malley said the losses could be decreased by increasing the residential customer deposit. O'Malley distributed a sample billing schedule. In response to Larson, O'Malley explained that if the landlord gives the City a valid forwarding address of a tenant who has moved away, the landlord will not be billed the tenant's water bill. McDonald explained previous compromises were made between the City and landlord association regarding the payment of tenant water bills. O'Malley reviewed the sample billing schedule. O'Malley said the deposit will be required based on delinquency - if a person has not paid their bill within 44 days of receiving their bill. On the third delinquency in one year, the proposed deposit would take effect. In response to Kubby, Atkins said a number of items, including construction issues, will be covered in his memo. Ambrisco asked if the City charges interest. O'Malley said the City does not charge interest on delinquent bills, nor does the City pay interest on deposits. Councilmembers discussed the billing schedule. Councilmembers agreed to the Department of Finance proposed water rate/service charges. Open Burning Policy: Reel 89-20, Side 1 Fire Chief Donner reviewed policy and asked Council if the open burning permit should be issued this year. Donner explained people can request a burning permit year round. In response to Larson, Donner said the Fire Department will put out an open burning if a complaint is received. Larson suggested that policy be better publicized. Councilmembers and staff discussed open burning, leaf vacuuming, pollution and yard waste recycling. Kubby suggested the City vacuum leaves twice per year. Atkins stated City staff is researching yard waste recycling and yard waste is useful at the landfill. Atkins said the City's current policy is to issue a blanket open burning permit and the public will be advised that if complaints are received, the fire will be put out. Council agreed to retain the current policy. Council Time/Agenda: Reel 89-20, Side 1 1. In response to Kubby, McDonald stated the rules committee will meet in two weeks. r J 2. McDonald stated the following meetings are scheduled: April 11 - Joint City Council/Planning and Zoning Commission meeting April 19 - Southeast Iowa League meeting/hosted by Iowa City 3. Larson inquired about correspondence received from Keene Sweet regarding The Advertiser. Atkins said it is difficult to restrain them due to First Amendment considerations. Council requested further discussion. 4. Councilmembers discussed the summer Council meeting schedule. Council - members agreed to schedule informal Council discussion on Tuesdays prior to Council's formal meeting. McDonald said additional meetings could be scheduled on Mondays at 7:00 p.m., or alternate Tuesdays, or whenever needed. 5. Kubby noted persons have questions regarding her activities. Balmer stated he has concerns that need to be discussed. McDonald suggested the rules committee review policies relating to that issue at an upcoming meeting. Meeting adjourned at 7:54 p.m.