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Home My WebLink About1989-04-18 AgendaIOWA CITY CITY COUNCIL AGENDA i REGULAR COUNCIL MEETING OF APRIL 18, 1989 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON 0 AGENDA ytrl.w IOWA CITY CITY COUNCIL�� REGULAR COUNCIL MEETING - APRIL 18, 1989 7:30 P.M. COUNCIL CHAMBERS ITEM NO. 1 - CALL TO ORDER. ROLL CALL. ITEM NO. 2 - MAYOR'S PROCLAMATIONS. a. Days of Remembrance of the Victims of the Holocaust - April 30 - May 7, 1989. b. Arbor Day - April 28, 1989. C. Crisis Center Week - April 23-29, 1989. d. City High Little Hawks Recognition Day - April 19, 1989. e. iatle c� Sar. u, Oily �y� �f n l .73, /9.➢9. ITEM NO. 3 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Approval of Official Actions of the regular meeting of April 4, 1989, and special meeting of April 11, 1989, as published, subject to correction, as recommended by the City Clerk, i b. Minutes of Boards and Commissions, (1) Board of Appeals meeting of March 29, 1989. (2) Interim Board of Directors of the Non -Profit Organization to manage public access cable television meeting of February 28, 1989. (3) Planning and Zoning Commission meeting of March 16,1989. (4) Parks and Recreation Commission meeting of March 8,1989, ti Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 2 C. Permit Motions as Recommended by the City Clerk. (1) Consider a motion approving a Class "B" Beer Permit for Chill and Grill, Inc. dba Chill and Grill, 206 N. Linn. (renewal) (2) Consider a motion approving a Class "E" Liquor License for Drug Fair, Inc. dba Peoples Drug #5281, 121 East Washington Street. (renewal) (3) Consider a motion approving a Class "E" Liquor License for Drug Fair, Inc, dba Peoples Drug #5276, 2425 Muscatine Avenue, ('renewal) (4) Consider a motion approving a Class "C" Beer Permit for Thomas E. Harris dba Harris Discount, 71 Commercial Drive. (renewal) (5) Consider a motion approving a Class "C" Liquor License for Small Enterprises, LTD. dba Blllaro's, 1210 Highland Court. (renewal) (6) Consider a motion approving a Class "C" Liquor License for Kennedy Investments, Inc, dba The Vine Tavern, 330 E. Prentiss. (renewal) (7) Consider a motion approving a Special Class "C" Beer/Wine Permit for Magnifico, Inc. dba Magnifico's, Mostly Italian, 1925 �a) Broadway. (renewal) d. Motions. (i) Consider a motion to approve disbursements in the amount Of $4,960,534.96 for the period of March 1 thru March 31, 1989, as recommended by the Finance Director, subject to audit. City Of Iowa City Posted: 4/17/89 4:30 p.m. MEMORANDUM OATH April 17, 1989 TO: City Council and General Public FROM: City Clerk 1j: Additions to the Consent Calander of the April 18, 1989 meeting 3.c.(8) Consider a motion approving a Class "C" Liquor License for James A. Mondanaro dba Cafe Pacifico of Iowa City, Inc., 212 S. Clinton Street. (new) Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 3 e. Correspondence. (1) Letter from John A. Gross regarding Wal-Mart. (2) Memorandum from a member of the Planning and Zoning Commission recommending that a bicycle and pedestrian access to the proposed river corridor trail be Incorporated into the Benton Street Bridge design. A memorandum from the staff is also attached. (3) Letter from Lynn T. Mulherin of Millard Refrigerated Services requesting an extension on Millard's LSNRD. This extension was granted by the Council at Its April 4, 1989, meeting. (4) Memorandum from Director of Mayor's Youth Employment Program regarding bylaw changes. Acceptance of the memo will serve to refer this matter to the Rules Committee. (5) Memoranda from the Traffic Engineer regarding: a. Parking prohibition on Third Avenue. b. Loading zone in the 200 block of South IJnn Street. I. Applications for use of streets and public grounds. (1) Application from Delta Tau Delta for permission to use a public alley for a car wash to benefit the Arthritis Foundation and Beverly Manor on April 15, 1989. (approved) (2) Application from Barbara Vinograde for permission to have a "Take Back the Night" march on April 14, 1989. (approved) (3) Application from Use Tutt for the "Walk for the World" to be held on April 29, 1989. (approved) (4) Application from Barbara Young for the Ronald McDonald House Walk/Run to be held on May 13, 1989. (approved) (5) Application from Reproductive Rights Coalition for permission to picket in front of the Regina Education Center on + Rochester Avenue on April 8, 1989. (approved) Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 4 g. Applications for City Plaza Use Permits. (1) Application from the Crisis Center for use of City Plaza to set up a display table to increase public awareness of the Crisis Center services on April 26, 27, and 28, 1989. (approved) A'41 Alai r aA� END OF CONSENT CALENDAR ITEM NO. 4 • PLANNING AND ZONING MATTERS. a. Consider setting a public hearing for May 2, 1989, on an amendment to the Comprehensive Plan to change the land use designation of approximately 28 acres along Highway 1 West from Industrial to General Commercial, Comment: At Its April 6, 1989, meeting, the Planning and Zoning Commission recommended by a vote of 4-3 (Dierks, Clark and Wallace voting no) that the land use designation of 28 acres south and west of Carousel Motors on Highway 1 West be changed from Industrial to General Commercial. This recommendation is not consistent with that Included In a staff report dated March 1, 1989. Action: dt"14 0.QC a� aJ Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 5 b. Consider setting a public hearing for May 2, 1989, on a request submitted by the Joseph Company to rezone approximately 28 acres along Highway 1 West from 1-1 to CC -2. (Z-8902) Comment: The Planning and Zoning Commission will consider conditional zoning from 1-1 to CC -2 of 28 acres south and west of Carousel Motors on Highway 1 West at Its April 20, 1989, meeting. The applicant has requested setting of the public hearing at this time. Action: 94511111 d /IW7 tLY C. Consider setting a public hearing for May 2, 1989, on an ordinance to rezone a 0.48 acre parcel of land located at Sixth Avenue and H Street from RS -8 to RS -12. (Z-8906) Comment: The Planning and Zoning Commission will consider the rezoning of the 21,005.5 square foot property with three duplex residences located at 1705.1709 H Street, 1105-1107 Sixth Avenue and 1109-1111 Sixth Avenue from RS -8 to RS -12 at Its regular meeting on April 20. The proposed rezoning would enable the applicant, Robert H. Woolf, to replat the property and bring the existing use (three duplexes) into conformance with the dimensional requirements of the Zoning Ordinance. The applicant has requested expedited consideration. Action: rX15%A%/ *Ixh ace n < J-) _ _ # AM Me O/ cons/aee Sefa' ?%i... ,coved seeonaedl , An6c /o - -..f1m6/._hive.. 4 piece �( e .. , eiafes _ /n le--xf Sef-�0.4,_io._—.9p..f.2S ... fhe_fem/ was heee when -Z a.-n/ve-V f/iLrfvee!/ay- --, q�bc/wov_(/n/, ie ------___.._ _,_.�O�/.9f /hi%.P._Jir Pr6/c�/isn, �1e Joonet�. •_%9ay-.Z ..-- ---- 'i - AIi�/ �� / /.3,�e� ,�y ,nk�tq:_ .to s�tie✓u sp�c�.,y�<�j' -- — — i Iheje- 1ISi �_. __ _. .. .. /%%sem/...../.� •. _ - _.. -... -._ - 0 Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 6 d. Public hearing on an ordinance to rezone a 19,800 square fool parcel on the west side of Broadway Street from RM -12 to P/RM- 12. (Z-8904) Comment: The Planning and Zoning Commission recommended approval of the City -initiated rezoning by a vote of 7-0 at Its April 6, 1989, meeting. This recommendation is consistent with that of a staff report dated March 16, 1989. Action: 0 a A 0 Q. e. Public hearing on an amendment to the Zoning Ordinance to permit neighborhood centers in medium to high density residential zones. Comment: An ordinance to define and permit neighborhood centers In RS -12 through RM -145 zones was recommended for approval by the Planning and Zoning Commission at their April 6, 1989, meeting. The vote was 7.0. This recommendation Is consistent with the staff's proposal. Action: 6IL0 nhbcaterV. 41L3d0A f. Consider 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. (Z-8901. Second Consideration.) Comment: At Its February 16, 1989, meeting, the Planning and Zoning Commission recommended to approve the proposed rezoning by a vote of 6.0. The proposed rezoning would permit this southern portion of Ty'n Cae Subdivision, Part Three, to be replatted Into conventional single-family residential lots. The Commission's recommendation is consistent with that of staff. No comments were received at the City Council's public hearing held on March 21, 1989. Action: r. on L 1 Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 7 if g. Consider an 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. (S-6835. Second Consideration.) Comment: The applicant seeks flexibility in the development of said parcel to permit the construction of seven, two-story, four -unit condominium dwellings. By a vote of 5.1 (Dierks voting no), the Planning and Zoning Commission recommended to approve the proposed rezoning at its February 2, 1989, meeting. The Commission's recommendation is consistent with that of staff. Action: IlaQ i h. Consider a resolution approving the final plat for the Extension of f Weeber Street providing for an approximate 238 foot dedicated extension of Weeber Street. (S-8810) Comment: At its April 6, 1989, meeting, the Planning and Zoning Commission recommended to approve the proposed final plat by a vote of 7-0. The final plat only provides for the dedicated extension of Weeber Street along a common property line of property owned by William Knabe and Gordon Russell. The Commission's recommendation Is consistent with that of staff Included in a report dated April 6, 1989. Action: (�(aLvvl/hr�6 I I i I I 411. YM 151 McDonald: Moved by Ambrisco, seconded by Balmer to adopt the resolution. Mr. Honohan, did you ... approach the podium. Jay Honohan: I'm here representing Gordon Russell in this matter. I have a letter that I would like to read to the Council and then present to the City Clerk. It is addressed to the Honorable Mayor and City Council, City of Iowa City. (Honohan reads letter) We'd like this for the record. McDonald: Thank you Mr. Honohan. We're going to ask Mr. Timmins if he would reply to Timmins: I just had a couple of questions for Mr. Honohan. If I understand this correctly then your client is objecting to Mr. Knabe's application for subdivision approval of the Weeber Street extension. Honohan: At this point and time we are taking no position in support of or against this particular proposal. We're now of course objecting to the proposed subdeveloper's agreement because we feel it is not a subdeveloper's agreement, it is not a subdeveloper's agreement as drafted. In fact, we feel that the first paragraph which is an exceptional paragraph and is not in the normal subdeveloper's agreement makes this not a subdivision because it specifically states that it is the only application is to 32-2 of the Code of Iowa City which is just the definition section, simply the definition section of the subdivision. Timmins: Well Jay, it is our opinion that this is the only way in Iowa City that you can extend a street is by subdivision. There is precedence for this of course with the Boyrum Street extension that was a subdivision as well in order to connect those streets. Honohan: Well maybe Mr. Meardon and I didn't represent the developer. Timmins: I'm sure you didn't. That's the precedent the City has established in interpreting the subdivision ordinance so I take it you are objecting to the extension of this street by subdivision even though that's the way the City determines that that should be done. Honohan: As we read the agreement it is no longer a subdivision, it is nothing more than an extension and a dead end street and a dead end street is prohibited by 32.54(4). Timmins: Then if the City requirement is that your client is the owner of one of the parcels that is effected by this extension has to sign some type of an agreement are you objecting to his having to sign an agreement. Honohan: No, we said and I sent a letter to the Knabes' attorney this afternoon and have indicated that in there we would work with the parties. We were shut out of this original agreement. it was negotiated between Uncle and Knabe's attorney. We were not invited to participate. We received copy of this which was then corrected. We received a copy of this on Friday and then a corrected copy approximately Monday noon when 1 was busy with some other part of the text and we didn't gel to look at it until this afternoon. Timmins: Do I hear you right? Your clients are objecting to the layout of this particular street, this extension? Honohan: Not with the specific layout as such. We have consistently made a position, Terry, that we believe the agreement which sponsored this particular thing requires the entire exhibit A which was approved by the Court which goes down further than this 200 and some feet. That's been our position. I presented to Planning and Zoning a copy of that exhibit that I am referring to. Timmins: I am familiar with that exhibit. Honohan: I don't have an extra one today. Timmins: The dissent decree with the stipulation which was later turned into in effect a consent decree simply requires the parties to extend a street between point one and point two on that plat. Honohan: That's not our interpretation of the agreement. It requires the City to approve a street as shown in exhibit A. Timmins: Well Mr. Mayor, the City is really between a couple of private contestants here over a street extension agreement which was reached in a lawsuit and apparently now there is some disagreement as to what has to be done. Linda, in reviewing that consent decree was very confident about what was required and of course it is up to the City to determine applying its own rules and regulations on how a street extension is to be accomplished and we have always interpreted that to mean a subdivision for that street extension One thing that operates against the parties here, is in a sense the decree itself which provides that if the street is not installed and that is Mr. Russell's obligation. As soon as the City approves its location if the street is not installed this year the obligation for Mr. Russell to construct and install the street disappears. It's gone. So the street either has to be constructed this year or there will be no street. So really the City is trying to extricate itself from the position of standing in the way of what is otherwise a done deal. The Court's consent decree establishes that this should be done, In a sense we have to be a little skeptical of objections to the manner in which we are doing it. Certainly there is some Incentive here to delay this and to continue to delay this so that the time will run out in the subdivision or the street extension. Mr. Honohan is right that we have been dealing with the Knabes because they brought the matter forward. They have been pushing. They were the plaintiffs, I believe, in the lawsuit. The consent decree was more or less entered in their favor and that was part of the relief that they requested in their lawsuit. So in a sense they are the proponent of this plan. I suspect the Knabes really don't care whether we do it by subdivision or just out and out approve the street extension. They are simply trying to comply with whatever the City is requiring. So In that regard, Mr. Honohan and his client were not brought Into it except by the Knabes sending documents to them within the last couple of weeks. It's really a pretty mundane subdivider's agreement. There is nothing very profound in there. There is a precedent for It. It is very similar to the situation we have at the Boyrum Street extension. I guess I would suggest that if Mr. Honohan and his client, Mr. Russell, have something to bring forward in the next two weeks, and can get something worked out with the Knabes that's acceptable from a subdivision perspective, I guess I would recommend that we take the time to do that. However, I think that there is some chance here that what we're dealing with is an effort to delay the matter so I think if I were you I would put a two week time period deadline on it. You've got what I think is a valid subdivision in front of you. I cannot see that it causes damage to anyone to extend the street 238 feet in compliance with the Court decree. McDonald: Are you recommending at this point that we proceed and take action on that? Timmins: I am recommending that you delay it for a period of maybe two weeks to allow Mr. Honohan and Mr. Russell to bring forward their concerns and ii there is an opportunity to work something out we'll certainly attempt to do that. But I think this has gone on five years since the decree has been entered, nearly five years, and its more than enough time for the parties to have worked something out. The City is the only thing that stands in the way of this getting accomplished and we're simply trying to get out of the way. Courtney: Is there anything in the decree about the rest of the street? Timmins: No. Courtney: It doesn't say that It's got to be taken to Highway 1? Timmins: No, it does not. Larson: Mr. Attorney, a couple of brief questions. If your answer requires any considerable time I would appreciate it that we do it in the intervening two weeks. What is the consequence to the City if Mr. Honohan is right and City staff is wrong with regard to the subdivision being an Illegal subdivision agreement? And secondly, does it violate our subdivision laws to allow a dead end street? It's a dead end street now and extending it still leaves it as a dead end street. That would differentiate it from Boyrum obviously. Timmins: Let me put it this way. It is nothing that you cannot allow as a waiver if you will of your own subdivision ordinance If it happens to be a violation and I haven't check that out. I can simply tell you that if it is a violation you've probably got authority to waive that requirement. Larson: I didn't know whether we need to specifically exercise that authority or anything and secondly what would the damages be with regard to the taxpayers if Mr. Honohan is right and we've done this wrong? Timmins: I think the most that would happen to the City would be that perhaps someone would contest the validity of the subdivision and it might be either party who wants the subdivision. The Knabes would try to have it confirmed by the District Court or the other party would try to have it overturned. Larson: I don't want to see it happen, but I'm not too worried about paying somebody's legal costs if we did something wrong and they have to sue us to get it changed. I'm more worried about getting in a position where we are forced to extend it to Highway 1. Timmins: There was a mention of a taking issue. We will take a look at the impact that they mention of the airport approach zone and so forth. I really have my doubts that this is going to impact that issue one way or another. I don't think the extension of the street and the fact that it may be within the airport approach zone ... I can't see how these two would operate to increase or effect our liability one way or the other. Larson: With all due respect, the incentive that is clearly there to delay on the part of Mr. Honohan's client. I think certainly the question is raised that, at least on the face of it, it appears reasonable and we should defer it for at least two weeks. That doesn't put us in any jeopardy of not being able not to complete our action by the end of 1989 which is our deadline. McDonald: Did you want to address the Council on this item? Hillary Strayer: Thank you Mr. Mayor. I'm Hillary Strayer. I'm counsel for Bill and Judith Knabe, two of the three subdividers in this case. It might be useful for me to underscore a few points made by the City attorney and add to them, if I might. My clients and I have worked very closely with the Legal Department and the City staff in preparing our subdivision proposal and we are pleased that it satisfies all of your requirements. Therefore, we are not looking forward to a further two week delay in this matter. We feel that we are entitled to an immediate approval of your resolution before you tonight, Insofar as the staff and the Planning and Zoning Commission have recommended that this proposal be approved, we certainly think that It is a very simple matter for the Council to approve the extension on that basis. The fact that the third subdivider has not yet signed the subdivision, two of the subdivision documents should not create an obstacle for you tonight and I believe that Linda Gentry in fact sent a letter to the City Clerk earlier to day Instructing them not to delay just because some of the documents have not yet been signed by Gordon Russell. Certainly Gordon Russell Trucking, Inc. Is not in a very good position to oppose this proposal since the decree in 1984 specifically said that first of all, that they are not to object to any proposal for a street and secondly, that they are to agree to dedicate the right-of-way that is necessary for the street. Those are the two documents that have not yet been signed. I'd like to respond to some of the points made by Jay Honohan tonight. First of all, he has said that this not a subdivision and yet the very first paragraph of the subdivision documents do refer to 32.2 of your subdivision code which is the definition of a subdivision. Under that definition you must have a subdivision every time a new street is involved and that is the situation that we have in this case. Mr. Honohan knows that we do not follow the standard form of the subdivision documents and yet we have done the best we can under this rather unusual situation where we are subdividing only a street and not any additional lots. Mr. Honohan also mentioned that he has not had time and has not felt that the plan has been Included In the process but I should tell you that Mr. Russell has been in possession of these documents since April 3, during the trial of the subsequent lawsuit that has been going on recently. Mr. Honohan also says that, well he reasserts his position that he has asserted before that if you do the substreet you must go all the way to Highway 1. For your record tonight we have explained previously to Planning and Zoning why that is not necessary and I will do so again for you just that when the time comes you will have an application before you and you'll have a chance to approve it and reject it then. It has been five years since the court acted on this in 1984 and there's been ample time for Gordon Russell to be involved in preparing this application for you tonight. My client may have some additional comments. McDonald: Thank you. William Knabe: My name is William Knabe. I live in 1101 Weeber Circle. I guess I give the emotional part of the speech. Nevertheless, I would like to ask the Council to consider several things before they make their vote tonight. About seven years ago my wife and I bought 41/2 acres of land behind our house in order to preserve the woods and in order to give us some privacy and have an area that other people in the neighborhood can enjoy and they have for a number of years. But this piece of property is land locked. This piece of property has no street access and without the grace of Charlie Ruppert allowing me to drive over his property, I've never been able to get a vehicle to this piece of property. We decided at the time when we bought the piece of property and it was part of the agreement under which we bought the property from the Church of the Lutheran Church. it was part of the agreement that it would be passed along, that we would have a street or street access and that street would be built by Gordon Russell. That was an obligation he had assumed. Well we waited patiently for a couple of years and Gordon Russell didn't do anything, even though we were in correspondence with Gordon Russell. We tried to arrive at some Idea of what was going to happen. Nothing ever happened and finally five years ago we sat down and we said to our lawyers, we need to get some action taken on this. What can we do.? At that time we weren't ready to go to trial. In fact, approximately a very short time before we went to trial the very day before we were due for trial, the two lawyers from both sides sat down and worked out what is now referred to as equity agreement #48347. This agreement was approved by both sides and signed by both parties; and the judge was present, too. This equity agreement is as clear as piece of English as you can find anywhere. Both sides were both legal sides, Mr. Meardon representing Mr. Russell, Mr. Novin representing me, to sit down and work this agreement out, it so clearly stated we weren't going to require Mr. Russell to build us a street all the way through. All we wanted them to do is give us access to our property. So here we said to Mr. Russell it normally would cost $80,0004100,000 to put this street in - all we are asking you to do is give us this little 286 -foot extension for about $18,000, that was the deal. We made the deal we made and it specifically states is from point 1 to point 2 on Exhibit A. Now, lt it were anything other than that, we would feel obligated to involve a whole lot more people in this situation because we are concerned about our neighbors like anyone else is but all we are doing is asking for this extension what kind of extension we are asking for. If you look at the exhibit, it's the very extension that was originally drawn. it's the extension that Planning and Zoning has looked at many times and said but that's not going to affect anything; it's going to give you access to your property and 9 we do decide some day to connect Weeber Street to an existing street and the street they've talked about is Edingale, then this would be right in the path. In fact, you can look at the map, this curves right down to Edingale. So we have operated under this assumption that this equity agreement would be fulfilled. We have waited for 41/2 years; we can't built a home on the property, we can't even drive a vehicle up to it and we've waited 41h years for Mr. Russell to do something. We've written letters to Mr. Russell. Our legal staff has a rack about two inches thick of letters and he has refused or not responded at all. He's not going to respond because in the equity agreement we agreed that he should build it within five years so the equity agreement clearly states that unless this is approved by the City of Iowa City by January 1, 1990, his obligation Is gone. Now this is Mr. Honohan's game. Mr. Honohan's game is to put a lot of red herrings out here, delay the action on this, not have the City approve it because it is not that he has to build a street then, it is that the City has to approve it by then. You can delay this two weeks. I really have been fighting this battle so long you might say two weeks shouldn't make any difference at all to me but I figure H you really delay it, it's not a very big victory for me at all tonight because I have waited 41h+ years and all I'm asking is the City meet my rights to have a street in and if Mr. Russell doesn't build H, this equity agreement gives me the right to build the street and for Mr. Russell to have to pay for it. I'm going to build a street out there one way or another, I sure hope to hell it is with your help. McDonald: Mr. Knabe, I think if Council decides to defer for two weeks, I can assure you with a fair amount of accuracy that action will be taken in one form or another in no later than two weeks. Mr. Timmins, are you still recommending to Council that we defer this item for two weeks? Timmins: Well, Mr. Honohan has indicated that his client is interested in entering Into some kind of agreement relative to the extension of Weeber Street, I think it is only fair to ourselves and to, that we give him the opportunity to end up with an agreement that all the parties are happy with and that is clearly enforceable. I happen to believe that if we pass this agreement we could probably, one of the parties could, Mr. Knabe for Instance, could perhaps get it confirmed in the court, it would still be valid and binding on Mr. Russell but rather than go to that trouble, perhaps we can R they are truly interested in having an agreement perhaps within the next couple of weeks we can work one out. I think that that's a reasonable period of time to give them to. They have already reviewed the document. They have some concerns if they respond, make some suggestions in writing within the next few days that we can, something concrete that we can review as far as what the document should look like, then that is something that we can begin to work with and perhaps fashion an agreement that is acceptable to Mr. Honohan and his client, Mr. Russell. That would be my recommendation. McDonald: What's Council's please on this? 7 Courtney: I'm a little confused as to what more an agreement can be I mean Timmins: The only thing I'm Interested in is an agreement that Mr. Russell will put his name on, if not then, then we don't have to worry about being involved in any more lawsuits. Horowitz: What if he doesn't get it? Doesn't put his name on it? Timmins: Then I would advise you in two weeks to act on this one. Balmer: I thought the lawsuit had already taken, 1 thought the court opinion had been rendered by the documents we had. Kubby: Timmins: The court hasn't approved this document, the court hasn't approved this methodology. The court said that the City had to approve this extension and what they are objecting to is the methodology in the document. Whether or not that's a valued objection. Whether or not it's a good faith objection, I'm not hear to say. All I'm saying is that the best position for the City to be in is to end up with a document that both of these parties will sign and giving them another two weeks to arrive at that, in the total context I don't think is the Courtney: Is staff and Planning and Zoning and Linda looking at this airport issue at all? Was that ever talked about? Timmins: I don't believe they did. I'm not sure I wasn't Involved in the discussions with Planning and Zoning, but just looking at the map I can't believe that it is going to be that much of a problem. Larson: Mr. Mayor, my answer is that the City attorney that was Involved in this is not here and this being on the agenda we received last Friday, it's the first any of us really heard about it other than possibly yourself, and Mr. Knabe and his attorney may very well be right in everything they have said tonight and probably are. I think in the Interest of being conservative about extending taxpayers' liability, although two weeks may be a disappointing compromise to Mr. Knabe, understandably so, I think behooves us to take the cautious approach and make sure Mr. Honohan and his client are on notice that two weeks from now is the deadline in our viewpoint. Kubby: That would be the only way I would agree to deferring it is If it wasn't deferred again. McDonald: I think If it is done, It should be done time definite. Balmer: I would concur with Mr. Larson's statement. Courtney: I'm looking at the map here on the airport and the only reason I'll delay this is because I want the question answered. I don't want to get into another hassle with the FAA and in the map there's clearly a runway pointed that direction. It has nothing to do with the agreement. I think these folks don't like each other and they are trying to get us in the middle of it. Timmins: And I'm trying to make sure we stay out of it now and in the future. McDonald: I think that does constitute a majority; there is a motion on the floor. Ambrisco: I move to withdraw, I will withdraw. Larson: Move to defer for two weeks. Horowitz: Second. Karr: Mr. Balmer, but if the original motion is withdrawn.. Ambrisco: I have withdrawn. McDonald: Mr. Larson, you are moving to defer Item H until the meeting of May 21 Larson: Yes. McDonald: Is there a second? Ambrisco: I will second it. McDonald: Any more discussion? It has been moved and seconded to defer Item H until the Council meeting of May 2. Any other discussion? All those in favor of the motion signify by stating aye. Motion carried, Horowitz voting no. Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 8 Consider a recommendation of the Planning and Zoning Commission to lower the speed limit on North Dodge Street, Comment: In response to a letter from IDOT, the Planning and Zoning Commission recommended that the City Council request IDOT to reevaluate lowering the speed limit on Highway 1 North (North Dodge Street) atter the Press -Citizen project is completed. This recommendation was made at the Commission's March 16, 1989, meeting, by a vote of 7-0. Action: Nzscr �rt/ nh y d 2Ge Consider a resolution approving the final plat for Petersen Second Subdivision, a 10.25 acre, 7 -lot residential subdivision located 0.5 miles east of Iowa City on Local Road. (S-8824) Comment: At its December 1, 1988, meeting, the Planning and Zoning Commission recommended by a vote of 5-0 to approve the final plat subject to Inclusion in the Subdivider's Agreement of a provision which requires the Improvement of Hanks Drive according } to Level 2 of the design standards of the Fringe Area Policy Agreement. The Subdivider's Agreement so notes this requirement. The Commission's recommendation Is consistent with that of stall included in a report dated December 1, 1988. Action: All Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 9 ITEM NO. 5. PUBLIC DISCUSSION. gy-IP ITEM NO. 6 - PUBLIC HEARING ON AN ORDINANCE ADOPTING THE 1988 EDITION OF THE UNIFORM BUILDING CODE AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CRY BUILDING CODE. Comment: The Board of Appeals has reviewed the 1988 Uniform Building Code and has suggested several amendments to accommodate local conditions and practices. The Iowa City Home Builder's Association was Invited to participate in the review of this and the following three regulatory codes. Representatives attended the Board of Appeals meetings. Action: lip n,i c� REM NO. 7 - CONSIDER AN ORDINANCE ADOPTING THE 1985 EDITION OF THE UNIFORM BUILDING CODE AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CITY BUILDING CODE. (First Consideration) Comment: See comment above. The staff has requested expedited consideration. Action: �nG./ A,„,6 1-<4-c A) q 1 V�� .Ah.�/ Pu6I/G !%ISGI/SSl4J7... _..yagh �ardilr / ._ . Qripe_ 10v6/10 rJiso - - - - -- P/rase _f. 6<_ srrd[o -nc a au. Arlo onos_o -----__— �;-----6/oi� /Jmr�,_�ay - �Qy /0._.... Ru�uwr/�/_/s _., .__s��-• • ------ -- ------ (unaI-- eafro /_ynaniry,_fe ins%+.f.. f Ire_ --- -- =i — - _pn/y 6r ler j 046", yvli t %iunf 16C 4 P-spm—,_Csu/� s//ruin% _-1 - ...- l.E. ddanceJ.. iam . a / ,irgrd ov%_._ ie6/r /etfl//aw w _non ht✓c dourrf . •. �./o# /J �a/L afn/qh/,._ _.. l64nk_'_ , ;V 7 pi ) _. /NcQ/. Cans,il• Ohdm, ado,Qtn� /988. 6d'/. �f UBG„_, _ . /)almer/ l0neur w/ I&I Delo-ve us _la 71914 /si Con;. An,4 _ -then 611#1(16 . At .. ss,45q . _o? r<#,Ai f - al Ae n ex/ mre-4' Af zV j- mowel 6y & Aw?.r / stranded 6y_ _% ?Ioe - :---... T/i//__101,79_ to. molt_ %l_ 4is_- Ay_ fhram” rA we%/ rnv-< P!h hiis _.-------- j hsi an_easy_.%fk „need 16e_vrry COrIf/..._rhvy ! A /ere1 bre1#�n - /fO G . .Serf lee _ 4 e. -- - <nurl_ • .. _ --r/ehh. j lllrr0c✓__eh1%y__h4t___a_ bro4�%ir_Conk6%_ ywe hove frown i ---- ---k_�bsy___��,;.___>m,y_.,._l7ads_ehri._1�__uec)_ - A)r0 %Jos 6rrq---------� --.._—.- ._-___—�---k!C�IF/rd_w�-�•• v+rievs---°pinrvns-.,_____-___.____ - _ _ :./i1#/mer/ r✓i// 6r 4 Gho//r1#jro' -- -- - AL4/ ...._44(1e 60en., /7r/0 h10_./%rirr hthty./ 4el ahr3 13 very /l.�,/►l i _ ----'- lhreW/ SvroFyrf 1410,E/A' 1010 Me -610173 lea/ rrdv_l�em/i.., .hew you_arrluq%a/ hies l96@.(W 4.6.C. ve /bete net rfP1M4. wa) Omenr/mf !0r% l>y S/vf A lower Cr%ling /7/1. . 0961m, A&A !h 5.1, dwellrn�, • • __ _ WmIrl mra0f 0, Fran; / those arc nrbohyl aAn,dlhlf /tfone ... <gryst from_/he 6esewl.. Qalmrr/ how /8ly 1/111... _ _ . F" / an anhnuheW 643emf d MW nerals 70 lw1,4ws 1h �'f at p// _.:frvn3/_..._.._do---- ove_._Q__/aH/__Su6�p Corrnoy__uro_/l�%are_, Y��_ _..-. _ofi.hr .:14oroow _/-e dors nai rhiof j7wrnrf %ha! ore se(ol 6n4mi9_our Fgou l--mAtir-4il -you_ qof- �o- __—_ -- Fianj/ _UB_L_ CorC7r__ovf lorry -Sy!/ Wyke -_ locol ao r w✓ lj' _U/ev/d pre6_ nef hour C adgo%.. (vr y 3 y f ... j c.a�e .. . _.. --l6niyou6. •_._ - _one %h"% K.I�_ ,4r/4rH4 to /�ruo - - ---- /Si Confi✓r.,d_is._APyav�� Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 10 ITEM NO. 8 - PUBLIC HEARING ON AN ORDINANCE ADOPTING THE 1988 EDITION OF THE UNIFORM MECHANICAL CODE AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CITY MECHANICAL CODE. Comment: The Board of Appeals has reviewed the 1988 Uniform Mechanical Code. The Board recommended Code changes substantially similar to existing amendments in force. i Action: mtcJ cLb �rn_1 niQ, i ITEM NO. 9 - CONSIDER AN ORDINANCE ADOPTING THE 1988 EDITION OF THE UNIFORM MECHANICAL CODE AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CITY MECHANICAL CODE. (First Consideration) Comment: See comment above. The staff has requested expedited consideration. Action, MN�7�Natin lc% a /i� ITEM NO. 10 - PUBLIC HEARING ON AN ORDINANCE ADOPTING THE 1988 EDITION OF THE UNIFORM FIRE CODE AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CITY FIRE CODE. Comment: The Board of Appeals has reviewed the 1988 Uniform Fire Code. The Board recommended Code changes substantially similar to existing amendments in force. I Action: 1�/) cmc-) n 6.. reu oX Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 11 ITEM NO. 11 - CONSIDER AN ORDINANCE ADOPTING THE 1988 EDITION OF THE UNIFORM FIRE CODE AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CITY FIRE CODE. (First Consideration) Comment: See comment above. Action: a3 -07/ ye" e)77 I S'1 r r) (r dr1'Ji ITEM NO. 12 - PUBLIC HEARING ON AN ORDINANCE ADOPTING THE 1988 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AS AMENDED, SAID CODE TO BE KNOWN AS IOWA CITY DANGEROUS BUILDING CODE. Comment: The Board of Appeals has reviewed the 1988 Uniform Code for the Abatement of Dangerous Buildings, known as Iowa City Dangerous Building Code. The Board recommended Code changes substantially similar to existing amendments in force. Action: -F, n -n c i n h h o a „0 i ITEM NO. 13 - CONSIDER AN ORDINANCE ADOPTING THE 1988 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AS AMENDED, SAID CODE TO BE KNOWN AS IOWA CITY DANGEROUS BUILDING CODE. (First Consideration) Comment: See comment above. The staff has requested expedited action. Action: 20. 4,4.) /SI r 1 F1c0/ (°nsic�.. ps2 adaph�/98r1 - - . / -- - fl&e lhl; If 117a. d/SG oh__�'cti21cv/.inSpre/io�f. aSSu�ir_A/ aw,/W 2 °p n _/ r smmeg 7 C!oxi /i!--c✓arre we /AGr //jr fy 4-.,7 I �GnnrC � gorse/ h°pcvn_O'#w... A 41V6rrr7in9 b s-- ---� aleojm - r oc&l °/tir a Mef!A j. i Y 1 4'13 mep/ (ohy'er 6pee1W aloptlVt Inom-W67 /447er/ Srco#a4y Z#--1ok7 /v -gmi hl - eve ha v! w- --AU7 kvX -, 4 h; AiAOh)e.lhmo1, 7ce, ve A vt, --ext"r1b; I - ro/lrall_ Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 12 ITEM NO. 14. 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. Comment: This public hearing was continued from the April 4, 1989, City Council meeting, /rti,t a Action: 2, cZ ITEM NO. 15 - CONSIDER 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. (First Consideration) Action: Q(Q to �lG (gypzo. ) �7�e GcZyco ITEM NO. 16 - PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 32.1, ap 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 THEREINTO, 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. Comment: This public hearing was continued from the April 4, 1989, City Council meeting. Action: lee ,.r^, ,,, / - --/r�c�rr/ Lr L�rleh,_Secohllir/!y_ lSo/m�i_f -d�k/ .ins... is /7-w/%-- ___:-�a�oh/ /o yive_ marc rovbh�_ difc---/�irlr_i <.►�5_ ----- -1 goo 1rl.. A....rOnl%tJN _.._ _-q/ue -you --�-- �-- - ' /%br/-.._._h/r �s�soh 6r dr -j* a/ry e0 c/vJ 0�r{« -- --- %op/q9 io .9} (ri 5 0VA/W relc f1m i --- — Z_tyiv/rl �tirn on /his Ghinor/___ �'y�/_n� — — I --------._w.li9rr/ W4n%_lh1� lif�G SP�Gi�%--- ✓_I%1%-"� �----------------------- ' • i 1 Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 13 ITEM NO. 17 - CONSIDER 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. (First Consideratlon) Action: 14e� 1,5' ITEM NO. 18 - 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, 33.163, 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. Comment: This public hearing was continued from the April 4, 1989, City Council meeting. Action: Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 14 ITEM NO. 19 - CONSIDER 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)) (lifsi Wh51tl�,aY,on) Action: 'A'J �tg"" /'� ITEM NO. 20 - CITY COUNCIL APPOINTMENTS. a. Consider approving the recommendation of Project GREEN that Bernice Knight be reappointed as a trustee of the Green Fund for a three-year term ending March 1, 1992. Action: �e101AMA QPPA-et-.r) Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 15 ITEM NO. 21 - CITY COUNCIL INFORMATION. ITEM NO. 22 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. -D- Ac iJ/ el ty � topm // AuhAll F /hhm;j ow _e/p -to 04117 14411610 Aubty �7pl C?, - -- ------- re jr— e 0 wk Rr4rjoli 6v, 11imshi - 4e ehl ive b4l'( '10 opk//n 4a ?da'pev ed rl 6 9,voll 0,( /01 o l logo / evitor s* 41v A Ae A _vA .'t '00 mr X A*I.. _qller leleph. -coo eo., AOAF - c4or? C_ Avl *-rwc Omoo-I enh&-,eeV__ o4 otoeektf. cs'reeovJ Aw -sty$, MOO .4e#- Av 101?- #6'rowl olke yule gel. Ar e$01400 mil 0 OA4r- yoop /0'(. i.%/ LM,?/ A orwe hove At lefol 1.4 /0 0;4 A, ovo% co- Arre (o/pre e#e. expevoOy. Dwmeel. ZS'd 6h#1 &10), A*/ run 4e c.4pe?,V. Dorm'.- Afy_fIlled /i- -jf/Y- gor-f A Ae- 6P,"o",*Ae* )(Pr Aly Ale. Ike -sy -sAk—A f1l ,fir .4my-hme A -a*ete.. mor. ----._.i?PcA to dy Ifol— we 404-A 4m, o4lkmS Ilfhd' oryo d of eet"Ol" 4lkys.. Yee. filp Aw)g m6A/P e4r*eA, '04-dt'r' . ..r1l or 1~41 .. nrw epmmvoi� pe/Mon; 9re"111 'TPOefYf*1rll' Ad 1he3c emomt- w/11 I Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 16 ITEM NO. 23 - CONSIDER A RESOLUTION AUTHORIZING AND APPROVING AN AMENDED 1989 COMMUNITY DEVELOPMENT BLOCK GRANT -#jq -,-lq PROGRAM AND BUDGET. Comment: The 1989 CDBG budget approved by Council in November, 1988, used estimated figures for the City's entitlement allocation and carryover. The revised budget provides the actual 1989 CDBG allocation ($7,000 more than anticipated) as well as the actual carryover funds. A memo explaining the budget changes is included In the Council packet. CCN has recommended approval of the revised budget. Action: /411,6 / ian P . ITEM NO. 24 - CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, AN AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BY *P,9 -76, AND BETWEEN THE CITY OF IOWA CiTY AND MIKE FURMAN BUILDERS FOR TEMPORARY PLACEMENT OF A CONSTRUCTION TRAILER AND BUILDING MATERIAL ON PUBLIC RIGHT-OF-WAY DURING CONSTRUCTION OF CAPITOL VIEW APARTMENTS AT 630 SOUTH CAPITOL STREET. Comment: Approval of this resolution would authorize temporary use of Capitol Street for placing a construction trailer and utilizing the parking for storage of construction materials and equipment during the construction of Capitol View Apartments, along 630 South Capitol Street. Pedestrian traffic will be directed to the other side of the street. �L Action: ��cr�f �h 02V "rw Mo,,.-d'Af lloeow 37eoml W4 - - ---- ------ --- Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 17 ITEM NO. 25 • CONSIDER A RESOLUTION APPROVING AWARD OF CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE BENTON 8e1"7(o STREET BRIDGE WIDENING PROJECT M-4044(1)-81-52. Comment: The bid opening for the Benton Street Bridge Widening Project was held April 4, 1989, by the Iowa Department of Transportation in Ames, Iowa. The following bids were received: Iowa Bridge and Culvert, Inc. & Subsid. $2,134,173.16 Washington, Iowa Schmidt Construction Co., Inc. $2,245,384.37 Winfield, Iowa United Contractors, Inc. $2,350,094.75 Des Moines, Iowa Cramer and Associates, Inc. $2,377.311.68 Des Moines, Iowa ENGINEER'S ESTIMATE $2,262,635.56 Public Works/Engineering recommends approval of this resolution. The City of Iowa City has entered Into an agreement with the Iowa Department of Transportation for federal funding. The maximum amount of funding the City of Iowa City can receive is approximately $1,150,000.00 of Federal Aid to Urban Systems (FAUS) money in addition to the $431,770.00 of Federal Aid Bridge Replacement Program money Iowa City has already received. Construction is anticipated to begin May 8, 1989, with completion in 18 to 24 months depending on weather. Traffic will be maintained across the bridge during construction except for the last three (3) months while completing the approach work to Riverside Drive and Capitol //Street. lidd- o . Action: in L �l � /.w, %/ 1pJ , J �zs Al q�lcmvr .pwnm!. ,. 6r��n_ S/ Cviof�i�9 4v- •-- Ty /jiidfe +Co/vv/ 'ree"V.. . sw<... whnwr_hove_/o_._L/op./��o_/r��-_wi//!u/ is An/Sh� /./4aj_.w//6x_04%f_/il<..fr!.,�y_._.._-__ Ilu ---- -- .!.1�1�bbr//. rrnnm{ nfr_.c✓tirrr _w�// q<� ' 7/z /O!/---0_-avriGb✓. hkdby.l_r.-hy_.do w(_wom y/o"e-wh., s/. -ove your_% 4r .T/nr... -- _ ... all OuC dt�r/yil.., . /dif. 4SSumid we-rov[ol. wosn%_Am 04"r_own.r"yr s/•�6�f_6rmusr IvIee oxw///n� aOr Other eefrs. Api, ✓/ {"�°. /°Hair .. �< % Aok/n�_ - S��r �acrrad Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 18 ITEM NO. 26 - CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE AN APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR PERMISSION TO USE Q,9 77 STATE HIGHWAY RIGHT-OF-WAY FOR UTILITIES ACCOMMODATION, AND AUTHORIZING THE CITY ENGINEER TO EXECUTE ALL SUCH APPLICATIONS ON THE CITY'S BEHALF IN THE FUTURE, AND TO APPROVE SUCH APPLICATIONS BY THIRD PARTIES. Comment: Applications to the Iowa Department of Transportation to Install utilities on highway right-of-way require signatures from City personnel authorized by City Council when within the City limits. This resolution would authorize the City Engineer to sign these applications without separate Council action for each case. Action: ITEM NO. 27 - CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN TEMPORARY CONSTRUCTION EASEMENTS, PERMANENT �q 7Q SEWER EASEMENTS, AND ACCESS EASEMENTS FOR THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASES 1 AND 2 SEWER CONSTRUCTION PROJECT, ALL IN CONJUNCTION WITH IOWA CITY'S WASTEWATER FACILITIES IMPROVEMENTS PROJECT. Comment: The Southeast Interceptor/Ralston Creek Segment, Phase 1 and 2 Sewer Construction Project will involve the acquisition of permanent sewer easements and temporary construction easements from 43 separate Property owners. The City's appraisers are presently working in the area to appraise damages for those acquisitions. Appraisals have been completed for 18 of the 25 acquisitions in Phase 1 of the project, and for 4 of the 18 acquisitions in Phase 2 of the project. The appraised values for those acquisitions are shown in the exhibit to the resolution. With the Passage of this resolution, the City acquisition staff will begin the process of contacting property owners to make purchase offers. If the City is unable to purchase the necessary easements by negotiation, the resolution then authorizes the City Attorney to proceed with condemnation. Action: Ar„! /A/P Ae' Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 19 ITEM NO. 28 - CONSIDER A RESOLUTION OF INTENT TO DISPOSE OF A PORTION OF VACATED HOLLYWOO�V,�1R ,ji.�GFjT-OF-WAY THROUGH A LAND EXCHANGE PROPERTY TO BE USED IN CONJUNjCTTIIO�NN WITH`jyA NEIGHBORHOOD CENTER, AND SETTING PUBLIC HEARING THEREON FOR MAY 2, 1989. Comment: There is currently a plan to use the property at 2150 Broadway Street in conjunction with a neighborhood center. The property is currently owned by Maee-BravermeR. Mc9cavermart desires to acquire a parcel of City -owned property, vacated Hollywood Boulevard right-of-way. These two parcels are both about 20,000 sq. ft./.45 acres, and are of approximately equal value. It is proposed that the City and *fr.-Bravermen exchange these two properties. The public hearing on this proposal is scheduled for the regular City Council meeting on May 2, 1989, Action; B2r' / a., n Azo ITEM NO. 29 - CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE PERMANENT SEWER AND TEMPORARY CONSTRUCTION EASEMENTS OVER PARCEL NO. ��59-53p SFM.01, ALL IN CONNECTION WITH THE SLUDGE FORCE MAIN PROJECT. Comment: This resolution, and the following resolution, authorize the City Manager to make revised purchase offers for the City's acquisition of easements in conjunction with City sewer construction projects. Such Increases in the purchase price offered for easements are recommended for Council approval only after review and concurrence by the City's appraisers. Action: c Agenda Iowa City City Council Regular Meeting April 18, 1989 Page 20 ITEM NO. 30 - CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR PARCEL NO. OS.03, ALL IN CONNECTION WITH THE OUTFALL SEWER PERMANENT SEWER AND TEMPORARY CONSTRUCTION EASEMENTS PROJECT. Comment: This resolution authorizes the City Manager to make revised purchase offers for the City's acquisition of easements In conjunction with City sewer construction projects. Such Increases in the purchase price offered for easements are recommended for Council approval only after review and concurrence by the City's appraisers. Action: ITEM NO. 31 - ADJOURNMENT.. C e -whin—ejol W#5 al,"O/v cur -Xome 4-0r6 oil #elf City of Iowa City MEMORANDUM DATE: April 14, 1989 TO : City Council FROM: City Manager R E : Informal Agenda and Meeting Schedule April 17, 1989 Monda 6:30 - 8:15 P.M. Council Chambers 6:30 P.M. - Review zoning matters 7:00 P.M. - Peace Pole Proposal 7:10 P.M. - Proposed Park/Sports Complex near new Wastewater Treatment Facility site 7:30 P.M. - Water rates and service charges j 7:50 P.M. - Council agenda, Council time, Council committee reports April 18, 1989 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers May 1, 1989 Monday 7:00 - 8:30 P.M. Council Chambers Informal Council Meeting - Agenda pending I May 2, 1989 Tuesday ! 6:30 P.M. - Council Chambers 11 Meeting of the City Council Rules Committee - Separate agenda posted 7:30 P.M. - Regular Council Meeting - Council Chambers PENDING LIST Leasing of Airport Land for Commercial Use Stormwater Management Ordinance Review East Side Storm Drainage Improvements Environmental Issues re. Land Development Sales/Solicitation on City Plaza Appointments to Board of Library Trustees and Committee on Community Needs - May 2, 1989, I