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HomeMy WebLinkAbout1989-05-02 Council MinutesInformal Council Meeting April 17, 1989 Informal Council Meeting, April 17, 1989, 6:35 p.m., Council Chambers. Mayor John McDonald presiding. Councilmembers present: McDonald, Kubby, Larson, Horowitz, Ambrisco, Balmer, Courtney. Staffinembers present: Atkins, Helling, Timmins, Karr, Smith, Schmeiser, Trueblood, Schmadeke, O'Malley, Frantz, Brinton. Tape-recorded: Reel 89-23, Side 1, 1 -END, Side 2, 1 -END; Reel 89.24, Side 1, 1 -END. CONSENT CALENDAR: Reel 89.23, Side 1 Council agreed to add to the Consent Calendar a motion approving a Class C Liquor License for Cafe Pacifico. CORRESPONDENCE (AGENDA ITEM 3e(2)) Reel 89-23, Side 1 Casey Cook, Planning & Zoning Commission member, noted Councilmembers received his April 11 memo regarding Benton Street Bridge Design. Cook encouraged the City to obtain property from CRANDIC Railroad located near the Benton Street bridge. Cook stated Industrial encroachment to the river Is not a good Idea. Cook said the City could make a buffer out of the land, extend the existing landscaping from the Water Treatment Plant, and control the riverbank from the highway to the Benton Street bridge. Horowitz said the land may already be leased. Horowitz referred Cook to speak with John Ockenfels (City Carton Co.). Cook noted If the City Is stymied from developing a riverfront trail on the opposite side of the river, this property could be used as an alternative to tie the trail Into the whole river corridor system. PLANNING & ZONING MATTERS: Reel 89.23, Side 1 A. A C. Schmeiser asked Council to defer discussion of this item to allow staff to give full presentation at Council's next meeting. See above Item A. Note comment after item C. Schmeiser stated this Item would make existing property conforming and would allow no additional units. Schmeiser asked Council to defer discussion until Council's next Minutes Iowa City City Council Informal Meeting April 17, 1989 Page 2 meeting to allow staff time to prepare a presentation. In response to Kubby, Schmeiser said three duplexes were built, two on one lot, and the one lot was to have been subdivided into two lots in compliance with the Zoning Ordinance at that time. Schmeiser said for some reason the platting of those two lots did not get accomplished. Regarding the Wal-Mart proposal (items A & B) Larson requested any information relating to studies regarding the impact of Wal-Mart on communities similar to Iowa City. D. PUBLIC HEARING ON AN ORDINANCE TO REZONE A 19.800 SQUARE FOOT PARCEL ON THE WEST SIDE OF BROADWAY STREET FROM RM -12 TO P/RM-12. (Z-8904) Schmeiser said this is to allow for construction of a neighborhood center north of the Pepperwood Addition and to exchange property owned by the City for acquisition of this property. Schmeiser referred Councilmembers to April 18th formal Council Agenda No. 28, which provides a resolution establishing the provisions for distribution of land vacated along Hollywood Boulevard and setting public hearing for its disposition in exchange for the 19,800 square foot parcel on Broadway Street. In response to Larson, Schmeiser said the property Is owned by Southgate Development. Larson noted the resolution refers to the property as owned by Mace Braverman. Timmins said Legal staff will review the resolution for corrections. Horowitz asked if the zoning will change if the use of the building ceases as a neighborhood center. Schmeiser said the zone will remain public as long as the property is owned by the City, and the property would retain the RM -12 zoning unless the subsequent property owner would choose to have it rezoned to a different classification that Council would agree to, In response to Kubby, the owners of the building have rights to use the building and the City has control over the land. If they cease the neighborhood center operation within the building, they can convert that building to any use permitted in the RM -12 zone. Schmeiser said letters were sent out to neighboring property owners. Larson suggested letters should also be sent to tenants. Balmer asked what property owners are contacted. Schmeiser explained letters are sent out to property owners within 200 feet of the development. E. PUBLIC HEARING ON AN AMENDMENT TO THE ZONING ORDINANCE TO PERMIT NEIGHBORHOOD CENTERS IN MEDIUM TO HIGH DENSfTY RESIDENTIAL ZONES. Kubby said she understood earlier that neighborhood centers would be allowed in all residential zones except RS -5, but in Franklin's memo neighborhood centers would be excluded from RS -5 and RS -8. Schmeiser said that both zones are excluded. Schmeiser explained the Planning & Zoning Commission chose to exclude neighborhood centers in single4amily residential zones, but they would be permitted in all other zones. Schmelser said neighborhood centers would be permitted by special exception in the RS -12 and RM -12 zones, provisional use In the RM -20 and RNC -20 zones, and by right as a permitted use in the RM -44 and RM -145 zones. Kubby inquired about time requirements on the use of the neighborhood center. Kubby raised concerns there may be a need for nighttime child care at the neighborhood center. Schmelser said an operation which permits a lot of nighttime hours can be a real disturbance to single-family residences. Schmeiser said the provisions allow for some Minutes Iowa City City Council Informal Meeting April 17, 1989 Page 3 establishment of hours to control the operation. Councilmembers discussed the need for 24-hour per day daycare. Atkins suggested using special exception process. Schmeiser staled the special exception provisions do allow establishment of hours for special exceptions. F. 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 (TY'N CAE. PART 3, Z-89011 G. No Council comment. Schmeiser noted Council received a letter from the applicant requesting expedited action of this proposal. McDonald said an extraordinary majority, six Councilmember votes, is needed to waive second consideration and give final approval. H. RESOLUTION APPROVING THE FINAL PLAT FOR THE EXTENSION OF WEEBER STREET PROVIDING FOR AN APPROXIMATE 238 FOOT DEDICATED EXTENSION OF WEEBER STREET. (S-8810) Schmeiser said the subdivision is straightforward, but does Involve a legal matter that was contested between property owners to which the centerline of the street is common to the boundaries of both property owners. Balmer noted Councilmembers received a letter from Mr. Honohan indicating that the street was eventually slated to go through to Highway 1. Schmeiser explained part of the land was sold to a Lutheran church, just south of Weeber Street development, on the condition that street access be provided to that tract; the remaining portion of land was sold by the predecessor in title to Gordon Russell; the stipulation that a street be provided for the church became a condition on the subsequent property owner, Gordon Russell, and in a more recent hearing before the District Court, Mr. Knabe pressed for the extension of the street as he believed was a condition of the land sale at the particular time. Schmeiser said the District Court settled, stipulating the conditions that both parties must perform. Schmeiser said that It is Mr. Honohan's contention that the extension is to be provided for Weeber Street south of its existing location to Highway 1. Schmeiser said the City's contention is that extension is only to be for the 238 feet, from Point 1 to Point 2. Schmeiser said the City is doing no more than simply approving the subdivision for the extension of Weeber Street 238 feet and staff and the Planning & Zoning Commission have both found the plat to conform to the requirements of the Subdivision Ordinance. Horowitz explained at the time that the Planning & Zoning Commission discussed the Harlocke Ridge Addition, the extension of Weeber Street was discussed and because of the topography at the top of Weeber Street and the proclivity of people to take Highway 1 up Weeber onto Benton, traffic would be going through an RS -5 area and up a steep Incline. Horowitz said therefore, the Planning & Zoning Commission wanted to avoid having a connection with Highway 1. Horowitz said the Planning & Zoning Commission discussion regarding Harlocke and Weeber should be considered along Minutes Iowa City City Council Informal Meeting April 17, 1989 Page 4 J. with Mr. Honohan's letter. Horowitz offered to propose an amendment to the resolution stating the above-mentioned reasons as reasons for connecting onto Edingale Street and not extending to Highway 1. Timmins advised against an amendment because there hasn't been any subdivision proposal and it would be an attempt to foreclose another City Council by making a subdivision decision. Timmins said all Council is being asked to rule on is the 238 foot subdivision and, therefore, the resolution and action should be confined to that request and proposal. Timmins said Legal staff hopes this resolution would be completely neutral as to the remainder of the property. Horowitz asked if previous Planning & Zoning Commission discussion can be considered to offset Mr. Honohan's letter by having a bearing on this issue. Timmins suggested that staff could reference previous Planning & Zoning Commission discussion. Schmeiser noted Council received a letter from IDOT in February informing the City they had completed the study of the speed limit on Highway 1 and that it would be better to look at the speed limit after the Press -Citizen facility was constructed and in operation. Schmelser said the Planning & Zoning Commission Is in favor of the IDOT taking another look at the Highway 1 speed limit after the Press -Citizen facility is operational. Schmeiser explained Council stipulated that the existing street within the development be reconstructed to meet level two standards. PEACE POLE PROPOSAL: Reel 69-23, Side 1 LaVonn Horton and Harry Soyster, members of the Iowa City Ecumenical Peace Committee, presented information regarding the proposed Peace Pole. Horton said the Peace Pole Idea originated in Japan 30 years ago as part of a movement for world peace through prayer; in 1986 the Peace Pole project was Introduced in Los Angeles; and Ohio leads the United States in the number of Peace Poles planted. Harry Soyster requested Council support to erect a Peace Pole in Blackhawk Mini -Park. Mr. Soyster said the Peace Pole would be 77" high, four- sided, with 4 Inch sides and said the quotation "May Peace Prevail on Earth," would be placed on each of the four sides in four different languages. Councilmembers discussed where the Peace Pole should be located, Ambrisco asked If veteran groups had been contacted. Mr. Soyster replied they had not Larson raised concerns about locating the Peace Pole in the mini -park area. Atkins said staff and Parks & Recreation staff could propose an appropriate location and mark it to allow further discussion on the exact location. Ambrisco suggested the Design Review Committee be contacted. Courtney raised concerns about allowing a number of things to be constructed in the Plaza. Courtney and Ambrisco stated there are other areas in the community to locate the Peace Pole. Atkins noted there are other options in the community with reasonably high traffic. Balmer requested plans and designs. Council agreed Minutes Iowa City City Council Informal Meeting April 17, 1989 Page 5 to direct staff to look for an appropriate location in the Blackhawk Mini -Park. Courtney requested a report from the Parks & Recreation Commission and the Design Review Committee. PROPOSED PARK/SPORTS COMPLEX NEAR THE NEW WASTEWATER TREATMENT FACILITY SITE: Reel 89-23, Side 2 Craig Willis, Chairperson of the Parks & Recreation Commission, presented Information regarding the proposed park/sports complex near the new Wastewater Treatment Facility site. Willis stated an estimated 1,600 youths are currently using the Youth Soccer Program and the Youth Soccer Program is the largest sports program in the community; the soccer program is currently using neighborhood areas; and enormous parking problems have been created. Willis said the Youth Soccer Program represents a desirable partnership between the public and private effort. Willis explained City staff, Parks & Recreation Commission and the Executive Committee of the Iowa City Kickers have helped develop the program statement. Willis said it is important to consider that families will be using the proposed park/sports complex. In response to Kubby, Willis said people will use automobiles to get to the sports complex and the design will need to address traffic and parking. Trueblood stated 1,900 youths have signed up for the spring Soccer Program. Trueblood introduced Parks & Recreation Commission members Bill Steinbrech and John Watson and John Remmer, member of the Youth Soccer Association and Kickers. Trueblood presented information regarding the Soccer Program and the proposed park/sports complex. Trueblood emphasized there are parking problems at the four City -owned locations used by the Soccer Program. Trueblood presented a conceptual drawing of the proposed park/sports complex. Trueblood said the proposed facility will contain ten full-sized soccer fields, 600 parking spaces, a four -field softball complex, concession areas, park shelters, etc. McDonald asked what the proposed project would cost. Trueblood sated a preliminary cost estimate for the project is $1,5 million to $2 million. Balmer asked If it would be a phased development and would need a referendum. Trueblood said it would be preferable to develop the project all at one time, and a referendum would be needed. Councilmembers and staff discussed the proposal for the park/sports complex. Larson asked if there was any consideration to use the lake area more actively. Trueblood stated there was discussion to use the lake for more than just a passive scenic area. Ambrisco asked if permanent staff would be located in the area. Trueblood said there may be one full-time maintenance worker. Ambrisco said additional security may be needed. Kubby suggested planning educational activities at the prairie preserve. Horowitz asked if the City has to file an impact statement to the State Archaeology Department. Atkins said a report has already been done. Horowitz said more bathrooms need to be planned in the area. Atkins said if Council favors the concept as proposed, staff will develop a work program and hire someone to do some park planning. Kubby and Horowitz stated a transit route should be considered in the area. Council agreed to proceed with the park/sports complex planning. WATER RATES AND SERVICE CHARGES: Reel 89.23, Side 2 Atkins stated during the budget process, he encouraged department directors to look at their operations and determine if there are services to the City now provided that could be turned over to the private section. Minutes Iowa City City Council Informal Meeting April 17, 1969 Page 6 Kubby asked about charges during the construction period. Brinton said the first two months are similar to the current procedure and construction water charge is $10 per month. Brinton said the change will also include requiring the contractor to install the water meter. Kubby inquired about the deposit. Brinton explained a deposit is required on a metered account an there is not a deposit on a construction site. Balmer asked how the water meter is Installed and what changes are proposed. Brinton presented, "Your Waterworks System,' a pictorial guide showing how the City's waterworks system actually works. Brinton said currently the City furnishes and installs the meters and it is proposed to allow the plumber to install the meter. Brinton said once the plumber has Installed the meter, the City would inspect their work. Balmer said guidelines need to be developed. Brinton proposed that the City pay the contractor $15 to install the meter. Brinton said a $60 deposit would be required for the meter which would be refunded once it was Inspected and determined to be installed correctly. Kubby asked if the meter would be installed in a consistent place. Brinton said meters are usually installed next to the gas meter. Courtney asked how much this would Increase the cost of the building of homes for the potential home buyer. Brinton said it costs approximately $100 to Install a water meter, Including the $65 cost of the meter which is incurred by the City. Balmer suggested that a meeting be held to explain the new procedures to area contractors. Dick Frantz stated information could be presented to the next Home Builders Association meeting. Atkins said the public hearing could be opened and then continued to allow for additional Input. Council agreed to open and continue the public hearing. Kubby asked why there is a charge for a frozen meter. Brinton said because it is the homeowner's responsibility to provide heat into and a safe environment for the meter. Brinton said the charge is a mechanism to encourage homeowners to take care of the meter. Kubby asked why there are charges to plug and unplug a second meter. Brinton explained there is a minimum bill for any meter ($4.20) and homeowners are not charged the minimum bili if the meter is plugged. Horowitz asked if the homeowner could plug the meter. Brinton said no. Kubby asked if a trailer owner's water bill is affected when their trailer pipes freeze. Brinton said no, usually the meter is Inside a trailer and the leak is outside before the trailer, so the leaking water is not going through the meter. Brinton said most of the trailer courts have master meters and individual trailers are not metered. Courtney asked if changes in the water process will resolve the City water problems. Brinton said yes. Brinton said by adding the additional chemical, the color, taste and water quality should Improve. Brinton said the process has been evaluated in other communities. Horowitz asked if the use of additional chemicals In the water could create more problems for people with allergies. Brinton said the system is proven, but expensive, and regarding allergies, there Is a select group that may have adverse problems with the water. Brinton said it is a goal to reduce gross amount of chemicals, but use more of a better chemical. Horowitz asked if there will be a difference between the proximity to the Water Treatment Plant. Brinton said yes. McDonald absent 6:20 to 6:35. COUNCIL TIME/AGENDA; Reel 69.24, Side 1 (Agenda Items 6 & 7 - Adopting the 1968 Edition of the Uniform Building Code as amended.) Atkins noted Frantz has prepared a summary on the Building Code. Minutes Iowa City City Council Informal Meeting April 17, 1989 Page 7 Horowitz asked if the Historic Preservation Commission had any input. Frantz said no. Horowitz asked if there are other sets of criteria for the historic buildings that are at odds with the City Building Code. Frantz said no. Kubby referred to page five of the Building Code and stated that the family definition Is limited. Frantz said the Building Code has been amended to read the same as the Zoning Code and the Housing Code as it relates to the definition of family. Councilmembers and staff discussed the definition of family. 2. (Agenda Item No. 24 - Agreement for the use of public right-of-way by and between the City of Iowa City and Mike Furman ... 630 South Capitol Street.) Horowitz asked if the Johnson County Ambulance and the Police Department have been contacted. Frantz explained Mike Furman will only use one and one-half parking places. Horowitz asked if property owners in the area were notified. Atkins said persons in the neighborhood can be contacted. Balmer Inquired about the integrity of the building east of the excavation. Frantz said the top of the tow is at an angle of two to one and the piling are being used at the bottom ten feet. Horowitz asked how the contractor is going to fill in the alley area. Frantz said with a shovel and wheelbarrel and the contractor has covered the back area with polyethylene. Frantz said a third party inspection agency is going to be on the site at all times. Horowitz asked if the alley will be reconstructed. Frantz said yes. Frantz explained the contractor took two borings at the top of the hill. In response to Kubby, Atkins said if the construction trailer becomes a nuisance, the City will ask him to remove it. Frantz noted the contractor wants to complete some of the units for August rental. 3. (Agenda Items No. 10 and 11 - Adopting the 1966 Edition of the Uniform Fire Code.) Balmer inquired about the reference to technical Inspectors in Section 7 of the Uniform Fire ordinance. Atkins explained that if there became a circumstance Chief Donner felt needed specialized treatment, Donner could recommend the treatment and approve bringing in someone to provide assistance. 4. Horowitz referred Councilmembers to correspondence received from Marsha Milliard about parking. City Manager Atkins will follow-up. 5. Ambrisco referred Councilmembers to Atkins' pending development issues memo regarding the request submitted by Sign Tech of Iowa to amend the Sign Regulations of the Zoning Ordinance to permit animated identification signs. Courtney noted Council has not supported amending the signing regulations to allow animated identification signs. McDonald returned. 6. Courtney referred to Mayor's Youth Employment Board By-laws. Courtney said there are problems with standardization of appointments to Boards and Commissions. Karr said some Boards and Commissions have State code provisions relating to appointments, McDonald said the Rules Committee will be meeting in two weeks. Minutes Iowa City City Council Informal Meeting April 17, 1989 Page 8 7. Courtney said traffic problems have increased on Highway 1 since the closing of Benton Street. Atkins said there are plans to install temporary lights on Highway 1 at Miller or Orchard. Council discussed traffic problems on Highway 1 and Highway 6. 8. In response to Courtney, Atkins said the City is still cleaning sand off the streets. 9. Horowitz stated the Mayor's Youth Employment Board By-laws, Article II, Purpose Section 1, does not say anything about disadvantaged youth. McDonald stated Mayor's Youth will not be one of the City's agencies. Karr stated a 28E Agreement will be prepared and forwarded to Council. 10. Karr requested Councilmembers contact her if they plan to attend the Southeast Iowa League of Municipalities meeting on Wednesday night. The meeting adjourned at 13;45 p.m. sp/PC-3 0 OFFICIAL COUNCIL ACTIONS - 4/18/89 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 McDonald presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. The Mayor proclaimed April 30 -May 7, 1989 as DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST; April 28, 1989 as ARBOR DAY; April 23-29,1989 as CRISIS CENTER WEEK; April 19, 1989 as CITY HIGH LITTLE HAWKS RECOGNITION DAY; April 23, 1989 as TASTE OF IOWA CITY DAYS. Moved 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 4/4, and special meeting of 4/11, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Appeals - 3/29; Interim Bd. of Directors of the Non -Profit Organization - 2/28; P&Z Comm. - 3/16; P&R Comm. - 3/8. Permit Motions: Class B Beer Permit for Chill and Grill, 206 N. Linn. Class E Liquor License for Peoples Drug #5281, 121 East Washington Street. Class E Liquor License for Peoples Drug #5276, 2425 Muscatine Avenue. Class C Beer Permit for Harris Discount, 71 Commercial Drive. Class C Liquor License for Billaro's, 1210 Highland Court. Class C Liquor License for The Vine Tavern, 330 E. Prentiss. Special Class C Beer/Wine Permit for Magnifico's, Mostly Italian, 1925 Broadway. Class C Liquor license for Cafe Pacifico of Iowa City, Inc. 212 S. Clinton Street. Motions: Approving disbursements In the amount of $4,960,534.96 for the period of 3/1 through 3/31, 1989, as Official Actions April 18, 1989 Page 2 recommended by the Finance Director, subject to audit. Correspondence: John A. Gross regarding Wal-Mart. Memo from a member of the P&Z Comm. recommending that a bicycle and pedestrian access to the proposed river corridor trail be Incorporated into the Benton Street Bridge design. Lynn T. Mulherin of Millard Refrigerated Services requesting an extension on Millard's LSNRD. Memo from Director of Mayor's Youth Employment Program regarding bylaw changes. Memo from the Traffic Engr. re: Parking prohibition on Third Avenue; Loading zone in the 200 block of South Linn Street. Applications for Use of Streets and Public Grounds: Delta Tau Delta for permission to use a public alley for a car wash to benefit the Arthritis Foundation and Beverly Manor on 4/15, approved. Barbara Vinograde for permission to have a 'Take Back the Night" march on 4/14, approved. Use Tuft for the 'Walk for the World" to be held on 4/29, approved. Barbara Young for the Ronald McDonald House Walk/Run to be held on 5/13, approved. Reproductive Rights Coalition for permission to picket In front of the Regina Education Center on Rochester Avenue on 4/8, approved. Applications for City Plaza Use Permits: Crisis Center for use of City Plaza to set up a display table to Increase public awareness of the Crisis Center services on 4/26, 27 and 28, 1989, approved. The Mayor declared the motion carried. Moved and seconded to set a public hearing for 5/2 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. The Mayor declared the motion carried. Moved and seconded to set a public hearing for 5/2 on a request submitted by the Joseph Company to rezone approximately 28 Official Actions April 18, 1989 Page 3 acres along Highway 1 West from 1-1 to CC -2. The Mayor declared the motion carried. Moved and seconded to set a public hearing for 5/2 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. The Mayor declared the motion carried. A public hearing was held 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. A public hearing was held on an amendment to the Zoning Ordinance to permit neighborhood centers in medium to high density residential zones. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 89.3404, REZONE A 5.841 ACRE PARCEL LOCATED SOUTH OF PLAEN VIEW DRIVE AND EAST OF MORMON TREK BOULEVARD FROM PDH -8 TO RS -8 (Ty'n Cae Subdivision, Part Three), be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 89.3405, 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, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the motion carried. Moved and seconded to approve the final plat for the extension of Weeber Street providing for an approximate 238 -foot dedicated extension of Weeber Street, Atty, Jay Honohan, representing Gordon Russell, appeared and presented a letter Official Actions April 18, 1989 Page 4 to Council outlining Mr. Russell's position. Atty. Hilary Strayer, representing William and Judith Knabe, reviewing the history of the street extension. William Knabe, 1101 Weeber Circle, also appeared. Individual Councilmembers expressed their views. Atter discussion, City Attorney Timmins recommended the item be deferred two weeks to allow both parties time to work out something acceptable to the Knabes and the Russells. Original motion withdrawn. Moved and seconded to defer to 5/2 consideration approving the final plat for the extension of Weeber Street providing for an approximate 238 - foot dedicated extension of Weeber Street. The Mayor declared the motion carried. Moved and seconded to approve the recommendation of the Planning and Zoning Commission to lower the speed limit on North Dodge Street. The Mayor declared the motion carried. Moved and seconded to adopt. RES. 89- 73, 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 Senior Center Commission member Hugh Cordier reported to Council upcoming events at the Center including participation in the Sesquicentennial Parade on 5/6, Older Americans' Day on 5/10, and a visit by Governor Terry Branstad on 5/19. A public hearing was held on an ordinance adopting the 1988 Edition of the Uniform Building Code as amended. Said Code to be known as the Iowa City Building Code. Moved and seconded that the ordinance adopting the 1988 Edition of the Uniform Building Code as amended. Said Code to be known as the Iowa City Building Code, be given the first vote for passage. Staffinember Dick Frantz noted an upcoming meeting scheduled for 5/11 with the Iowa City Homebuliders to review amendments, The Mayor declared the motion carried. A public hearing was held 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, Official Actions April 18, 1989 Page 5 Moved and seconded that the ordinance adopting the 1988 Edition of the Uniform Mechanical Code as amended. Said Code to be known as the Iowa City Mechanical Code, be given first vote for passage. The Mayor declared the motion carried. A public hearing was held on an ordinance adopting the 1988 Edition of the Uniform Fire Code a amended. Said Code to be known as the Iowa City Fire Code. Moved and seconded that the ordinance adopting the 1988 Edition of the Uniform Fire Code as amended. Said Code to be known as the Iowa City Fire Code, be given first vote for passage. The Mayor declared the motion carried. A public hearing was held 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. Moved and seconded that the 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, be given first vote for passage. The Mayor declared the motion carried. Moved and seconded to continue to 5/2, 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, 33-163, 33164, 33-165 and 33.169 thereof, and enacting in lieu Official Actions April 18, 1989 Page 6 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 coded 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. Moved and seconded to defer to 5/2, consideration of an ordinance amending Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, by repealing Section 1566 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 laxation 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 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 Official Actions April 18, 1969 Page 7 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. Moved and seconded to approve the recommendation of Project GREEN that Bernice Knight be reappointed as a trustee of the Green Fund for a three-year term ending 3/1/92. The Mayor declared the motion carried. Counciimember Kubby requested follow- up Information on glassphalt. The City Manager stated additional information would be available at the 5/2 meeting. Kubby announced her office hours as 4 p.m. to 6 p.m. on Thursday at the Senior Center. Entry would be through the Washington Street entrance after 5 p.m. Councilmember Larson requested the City pursue the erosion behind the Cliff Apartments to ensure no further property damages. He also noted the departure of two Council reporters Martha Miller for the Iowa Cily Press -Citizen and Scott Houser for the Cedar Rapids Gazette. Horowitz questioned the lack of an ordinance relative to the Cliffs erosion problem. Larson explained the owner is under an order from Magistrates Court to correct the problem by May 1. Horowitz reported on recent trip to the Senior Center and address to two groups re solid waste management. She questioned whether the phone company could require additional payment after the initial installation for the E911 service. Chief Donner explained the current law allows a charge of up to 25¢ per phone line per month. Atkins noted a referendum was needed to Implement the service. Courtney noted the traffic situation on Hwy. 1 worsening with the construction in the area. The City Manager reported that tentative approval has been received from the State to have a temporary traffic signal Installed at Miller and Hwy. 1. However, Iowa -Illinois has some difficulty generating the manpower to get energy to the light. Staff will pursue and report back. Courtney asked that the speed limit be enforced coming Into the community, especially with the construction Official Actions April 18, 1989 Page 8 season. Courtney referred to a 4/5 memo from the City Manager and one month review report re the community relations office/school liaison program, and commended staff for the report to aid in evaluation of the new program. Courtney reported street cleaners were still at work. The City Manager stated the first pass through the City was nearly complete and a second pass would begin shortly. Moved and seconded to adopt RES. 89- 74, AUTHORIZING AND APPROVING AN AMENDED 1989 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. Moved and seconded to adopt RES. 89- 75, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, AN AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BY 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. Moved and seconded to adopt RES. 89- 76, APPROVING AWARD OF CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE BENTON STREET BRIDGE WIDENING PROJECT M-4044(1)-81.52. Moved and seconded to adopt RES. 89- 77, AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE AN APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR PERMISSION TO USE 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. Moved and seconded to adopt RES, 89- 78, AUTHORIZING THE ACQUISITION OF CERTAIN TEMPORARY CONSTRUCTION EASEMENTS, PERMANENT SEWER EASEMENTS, AND ACCESS EASEMENTS FOR THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASES 1 AND 2 SEWER CONSTRUCTION Official Actions April 18, 1989 Page 9 PROJECT, ALL IN CONJUNCTION WITH IOWA CITY'S WASTEWATER FACILITIES IMPROVEMENTS PROJECT. Moved and seconded to adopt RES. 89- 79, INTENT TO DISPOSE OF A PORTION OF VACATED HOLLYWOOD BOULEVARD RIGHT-OF- WAY THROUGH A LAND EXCHANGE WITH SOUTHGATE DEVELOPMENT WITH THE ACQUIRED PROPERTY TO BE USED IN CONJUNCTION WITH A NEIGHBORHOOD CENTER, AND SETTING PUBLIC HEARING THEREON FOR MAY 2, 1989. Moved and seconded to adopt RES. 89- 80, AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE PERMANENT SEWER AND TEMPORARY CONSTRUCTION EASEMENTS OVER PARCEL NO. SFM.01, ALL IN CONNECTION WITH THE SLUDGE FORCE MAIN PROJECT. Moved and seconded to adopt RES. 89- 81, AUTHORIZING THE C17Y MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR PARCEL NOS. OS.03, ALL IN CONNECTION WITH THE OUTFALL SEWER PERMANENT SEWER AND TEMPORARY CONSTRUCTION EASEMENTS PROJECT. Moved and seconded to adjourn 9:20 p.m. The Mayor declared the motion carried. For a more detailed & complete description of Council Activities & Disbursements, see Office of City Clerk and Finance Department. s/JOHN MCDONALD, MAYOR s/MARIAN K. KARR, CITY CLERK���Q Submitted for publication 4/27/89. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES April 18, 1989 Iowa City Council, reg. mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. Staffinembers present: Atkins, Helling, Timmins, Karr, Frantz, Donner, Kinney, Schmeiser, Gannon. Council minutes tape recorded on Tape 89-21, Side 2, END -1 and 89-25, Side 1, 1 -END, Side 2, 720-600. The Mayor proclaimed April 30 -May 7, 1989 as DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST; April 28, 1989 as ARBOR DAY; April 23-29, 1989 as CRISIS CENTER WEEK; April 19, 1989 as CITY HIGH LITTLE HAWKS RECOGNITION DAY; April 23, 1989 as TASTE OF IOWA CITY DAYS. Moved by Ambrisco, 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 4/4/89, and special meeting of 4/11/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Appeals - 3/29/89; Interim Bd. of Directors of the Non -Profit Organization - 2/28/89; P&Z Comm. - 3/16/89; P&R Comm. - 3/8/89. Permit Motions: Approving a Class 8 Beer Permit for Chill and Grill, Inc. dba Chill and Grill, 206 N. Linn. Approving a Class E Liquor License for Drug Fair, Inc. dba Peoples Drug #5281, 121 East Washington Street. Approving a Class E Liquor License for Drug Fair, Inc. dba Peoples Drug #5276, 2425 Muscatine Avenue. Approving a Class C Beer Permit for Thomas E. Harris dba Harris Discount, 71 Commercial Drive. Approving a Class C Liquor License for Small Enterprises, Ltd. dba Billaro's, 1210 Highland Court. Approving a Class C Liquor License for Kennedy Investments, Inc. dba The Vine Tavern, 330 E. Prentiss. Approving a Special Class C Beer/Wine Permit for Magnifico, Inc, dba Magnifico's, Mostly Italian, 1925 Broadway. Approving a Class C Liquor License for James A. Mondanaro dba Cafe Pacifico of Iowa City, Inc.,212 S. Clinton Street. Motions: Approving disbursements in the amount of $4,960,534.96 for the period of 3/1 through 3/31, 1989, as recommended by the Finance Director, subject to audit. Correspondence: John A. Gross regarding Wal-Mart. Memo from a member of the P&Z Comm, recommending that a bicycle and pedestrian access to the proposed river corridor trail be incorporated into the Benton Street Bridge design. Lynn T. Mulherin of Millard Refrigerated Services requesting an extension on Millard's LSNRD. Memo from Director of Mayor's Youth Employment Program regarding bylaw changes. Memo from the Traffic Engr. re: Parking prohibition on Third Avenue; Loading zone in the 200 block of South Linn Street. Applications for Use of Streets and Public Grounds: Delta Tau Delta for permission to use a public alley for a car wash to benefit the Arthritis Foundation and Beverly Manor on 4/15/89, approved. Barbara Vinograde for permission to have a "Take Back the Night" march on 4/14/89, approved. Lisa Tutt for the "Walk for the World" to be held on 4/29/89, approved. Barbara Young for the Ronald McDonald House Walk/Run to be held on 5/13/89, approved. Reproductive Rights Coalition for permission to picket in front of the Regina Education Center on Rochester Avenue on 4/8/89, approved. City Plaza �totset so of upa display r City atable za etoeincrease Cpublic Cawareness ofethe Crisis Center services on 4/26, 27 and 28, 1989, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Balmer, to set a public hearing for 5/2/89 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 (Wal-Mart). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to set a public hearing for 5/2/89 on a request submitted by the Joseph Company to rezone approximately 28 acres along Highway 1 West from I-1 to CC -2 (Wal-Mart) Council noted the letter from Joseph Company requesting expedited action. The Mayor noted that no special meetings would be scheduled for consideration of this matter. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Larson, seconded by Ambrisco, to set a public hearing for 5/2/89 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 (Robert Wolf). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on an ordinance to rezone a 19,800 square foot parcel on the west side of Broadway Street from RM -12 to P/RM-12. No one appeared. A public hearing was held on an amendment to the Zoning Ordinance to permit neighborhood centers in medium to high density residential zones. No one appeared. Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 89-3404, Bk. 30, p. 5, REZONE A 5.841 ACRE PARCEL LOCATED SOUTH OF PLAEN VIEW DRIVE AND EAST OF MORMON TREK BOULEVARD FROM PDH -8 TO RS -8 (Ty'n Cae Subdivision, Part Three), be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Larson, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Larson, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 89-3405, Bk. 30, p. 6, 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, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Larson, that the ordinance be finally adopted at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Balmer, Courtney, Horowitz, Larson, McDonald, Ambrisco. Nays: Kubby. Moved by Ambrisco, seconded by Balmer, to approve the final plat for the extension of Weeber Street providing for an approximate 238 -foot dedicated extension of Weeber Street. Atty. Jay Honohan, representing Gordon Russell, appeared and presented a letter to Council outlining Mr. Russell's position. Atty. Hilary Strayer, representing William and Judith Knabe, reviewing the history of the street extension. William Knabe, 1101 Weeber Circle, also appeared. Individual Councilmembers expressed their views. After discussion, City Attorney Timmins recommended the item be deferred two weeks to allow both parties time to work out something acceptable to the Knabes and the Russells. Original motion withdrawn. Moved by Larson, seconded by Ambrisco, to defer to 5/2/89 consideration approving the final plat for the extension of Weeber Street providing for an approximate 238 -foot dedicated extension of Weeber Street. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Courtney, Kubby, Larson, McDonald, Ambrisco, Balmer. Nays: Horowitz. Moved by Horowitz, seconded by Ambrisco, to approve the recommendation of the Planning and Zoning Commission to lower the speed limit on North Dodge Street. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to adopt. RES. 89-73, Bk. 100, p. 73, 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. Affirmative roll all vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Senior Center Commission member Hugh Cordier reported to Council upcoming events at the Center including participation in the Sesquicentennial Parade on 5/6, Older Americans' Day on 5/10, and a visit by Governor Terry Branstad on 5/19. A public hearing was held on an ordinance adopting the 1988 Edition of the Uniform Building Code as amended. Said Code to be known as the Iowa City Building Code. No one appeared. Moved by Balmer, seconded by Ambrisco, that the ordinance adopting the 1988 Edition of the Uniform Building Code as amended. Said Code to be known as the Iowa City Building Code, be given the first vote for passage. Councilmember Kubby noted a concern re the definition of "family" and stated she felt it was very limited. Councilmembers noted previous discussions concerning the definition. Staffinember Dick Frantz reviewed amendments and stated the amendments affect only new construction, building permits. THe Mayor commended staff on the review. Frantz noted an upcoming meeting scheduled for 5/11 with the Iowa City Homebuilders to review amendments. Affirmative roll all vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held 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. No one appeared. Moved by Ambrisco, seconded by Horowitz, that the ordinance adopting the 1988 Edition of the Uniform Mechanical Code as amended. Said Code to be known as the Iowa City Mechanical Code, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on an ordinance adopting the 1988 Edition of the Uniform Fire Code a amended. Said Code to be known as the Iowa City Fire Code. No one appeared. Moved by Balmer, seconded by Larson, that the ordinance adopting the 1988 Edition of the Uniform Fire Code as amended. Said Code to be known as the Iowa City Fire Code, be given first vote for passage. Councilmember Balmer noted the reference to technical inspectors on Section 7 of the ordinance. Fire Chief Donner explained that occasionally in-house inspectors lack expertise for certain types of investigations. Affirmative roll all vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held 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. No one appeared. Moved by Balmer, seconded by Larson, that the 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, be given first vote for passage. Affirmative roll all vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Larson, seconded by Horowitz, to continue to 5/2/89, 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, 33-163, 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, 7/0, all Councilmembers present. Moved by Larson, seconded by Balmer, to defer to 5/2/89, 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, combined, 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 fur 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, 7/0, all Councilmembers present. Moved by Horowitz, seconded by Ambrisco, to approve the recommendation of Project GREEN that Bernice Knight be reappointed as a trustee of the Green Fund for a three-year term ending 3/1/92. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmember Kubby requested follow-up information on glassphalt. The City Manager stated additional information would be available at the 5/2 meeting. Kubby announced her office hours as 4 p.m. to 6 p.m. on Thursday at the Senior Center. Entry would be through the Washington Street entrance after 5 p.m. Kubby encouraged everyone to attend the Crisis Center Benefit Breakfast scheduled for 4/23. Councilmember Larson requested the City pursue the erosion behind the Cliff Apartments to ensure no further property damages. He also noted the departure of two Council reporters Martha Miller for the Iowa City Press -Citizen and Scott Houser for the Cedar Rapids Gazette. Horowitz questioned the lack of an ordinance relative to the Cliff's erosion problem. Larson explained the owner is under an order from Magistrates Court to correct the problem by May 1. Horowitz reported on recent trip to the Senior Center and address to two groups re solid waste management. She questioned whether the phone company could require additional payment after the initial installation for the E911 service. Chief Donner explained the current law allows a charge of up to 254 per phone line per month. Atkins noted a referendum was needed to implement the service. Courtney noted the traffic situation on Hwy. 1 worsening with the construction in the area. The City Manager reported that tentative approval has been received from the State to have a temporary traffic signal installed at Miller and Hwy. 1. However, Iowa -Illinois has some difficulty generating the manpower to get energy to the light. Staff will pursue and report back. Courtney asked that the speed limit be enforced coming into the community, especially with the construction season. Courtney referred to a 4/5 memo from the City Manager and one month review report re the community relations office/school liaison program, and commended staff for the report to aid in evaluation of the new program. Courtney reported street cleaners were still at work. The City Manager stated the first pass through the City was nearly complete and a second pass would begin shortly. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-74, Bk. 100, p. 74, AUTHORIZING AND APPROVING AN AMENDED 1989 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Ambrisco, to adopt RES. 89-75, Bk. 100, p. 75, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, AN AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BY 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. Horowitz noted concern re visibility but would vote favorably toward the request as it was her understanding that if it's not working out we change it. Affirmative roll all vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-76, Bk. 100, p. 76, APPROVING AWARD OF CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE BENTON STREET BRIDGE WIDENING PROJECT M-4044(1)--81-52, to Iowa Bridge and Culvert, Inc. & Subsid., Washington, Iowa $2,134,173.16. Balmer noted the federal monies received for the project and asked if work on the Benton Street portion of the new sewer would be complete by the time the bridge is closed. The City Manager reported the sewer work should be completed, and money was budgeted as part of the City bond program/Capital Improvement Program (CIP). Kubby questioned the need for a four lane bridge. The Mayor stated the bridge was deteriorating rapidly, making renovation impossible and federal monies were available at this time. Affirmative roll all vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-77, Bk. 100, P. 77, AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE AN APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR PERMISSION TO USE 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. Affirmative roll all vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-78, Bk. 100, p. 78, AUTHORIZING THE ACQUISITION OF CERTAIN TEMPORARY CONSTRUCTION EASEMENTS, PERMANENT 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. Affirmative roll all vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Larson, to adopt RES. 89-79, Bk. 100, p. 79, INTENT TO DISPOSE OF A PORTION OF VACATED HOLLYWOOD BOULEVARD RIGHT-OF-WAY THROUGH A LAND EXCHANGE WITH SOUTHGATE DEVELOPMENT WITH THE ACQUIRED PROPERTY TO BE USED IN CONJUNCTION WITH A NEIGHBORHOOD CENTER, AND SETTING PUBLIC HEARING THEREON FOR MAY 2, 1989. Affirmative roll all vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-80, Bk. 100, p. 80, AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE PERMANENT SEWER AND TEMPORARY CONSTRUCTION EASEMENTS OVER PARCEL NO. SFM.01, ALL IN CONNECTION WITH THE SLUDGE FORCE MAIN PROJECT. Affirmative roll all vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-81, Bk. 100, p. 81, AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR PARCEL NOS. OS.03, ALL IN CONNECTION WITH THE OUTFALL SEWER PERMANENT SEWER AND TEMPORARY CONSTRUCTION EASEMENTS PROJECT. The City Attorney noted the revised resolution distributed with the actual easement costs. He explained when the resolution was originally drafted the figure $6,300 had not been determined for the timber. Affirmative roll all vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adjourn 9:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. JOHN MCDONALD, MAYOR MARIAN K. KARR, CITY CLERK COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES May 2, 1989 Iowa City Council, reg, mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Balmer (7:40), Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. Staffinembers present: Atkins, Halling, Timmins, Karr, Schmetser, Franklin, Gentry, Cain, Brinton, Schmadeke. Council minutes tape recorded on Tape 89-25, Side 2, 650-1; 89.27, Side 1, 1 -END, Side 2, END -1; 89-28, Side 1, 1 -END. The Mayor proclaimed May 6, 1969 as NURSES' DAY; May 8.14, 1989 as SENIOR CITIZENS' CENTER WEEK; May 15.20, 1989 as TOURISM WEEK; May 14-20, 1989 as HISTORIC PRESERVATION WEEK; May 7-13,1989 as IOWA CITY HOSPITAL WEEK. Sandra Eakin, representing Friends of Historic Preservation, presented the Council with a newly arrived copy of Iowa City, An Illustrated History. The author, Gerald Mansheim, was present to autograph the volume. Ms. Eskin noted that beginning May 3, 1989, copies will be available from the sponsors of the book City of Iowa City; Hawkeye Medical Supply; First National Bank; Hills Bank & Trust Company; Iowa State Bank; and Friends of Historic Preservation. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89.82, Bk. 100, P. 82, ACCEPTING DONATION OF OLD CITY HALL BELL FROM MR. HERBERT GARTZKE, In memory of his wife, Margaret Rosetta Gartzke. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Mr. Gartzke personally accepted the resolution. The Mayor noted the deletion of the Item 5b.(1) referencing the Rules Committee and changing the public hearings for items 5d.(1) and (2) to read May 30. Moved by Balmer, seconded by Ambrisco, 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 4/18/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Human Rights Comm. - 3/27/89; Bd. of Adjustment - 4/12/89; City Council/P&Z Comm. joint meeting - 4/11/89; P&Z Comm. - 4/6/89, 4/20/89; Airport Comm. - 3/21/89; Riverfront Comm. - 3/15/89, 4/19/89; NPO Interim Bd. of Directors - 4/11/89; Broadband Telecomm. Comm. - 1/18/89, 2/15/89, 3/8/89; Civil Service Comm. - 3/30/89. Permit Motions: Approving a Class E Beer Permit for Hy -Vee Food Stores, Inc. dice Drugtown #2, 1221 N. Dodge. Approving a Special Class C Beer/wine Permit for Mel Lee Szeto dba Jade Garden, 119 Iowa Avenue. Approving a CLass C Liquor License for Pershell Corp. dba Colonial Bowling Lanes, 2253 Highway 218 South. Minutes Iowa City City Council May 2, 1989 Page 2 Setting Public Hearings: RES. 89-83, Bk. 100, p. 83, TO SET A PUBLIC HEARING ON AMENDING THE FY89 OPERATING BUDGET for 5/30 at 7:30 p.m. in Council Chambers. RES. 69-84, Bk. 100, p. 84, TO SET A PUBLIC HEARING ON AMENDING THE FY89 CAPITAL PROJECTS BUDGET, for 5/30 at 7:30 p.m. in Council Chambers. Correspondence: Petition from 132 residents on Regency Mobile Home Park for transit service. Memo from the Civil Service Comm. submitting a certified list of applicants for the position of Maintenance Worker I/Streets. Applications for the Use of Streets and Public Grounds: Chamber of Commerce to have the 1989 Sesquicentennial Parade on 5/6/89, approved. Jane Dinsmore to distribute Veterans' Poppies on Iowa City streets on 5/19 and 20/89, approved. Paul Maske on behalf of Westphal Star Amusement Carnival to use the parking lot adjacent to the Holiday Inn for a carnival on 5/4-6/89, with the added dates of 5/3 and 7/89 for set up and removal of the carnival, approved. Barbara A. Schwartz for permission to close streets in the area of North Market Square Park on 5/6/89, for the Northside Neighborhood Fair, denied. Phi Gamma Delta to have the Island Classic Run/Walk on 4/22/89, approved. Pat Van Eck to use the Park Road Bridge and Oakland Cemetery for Memorial Day services on 5/29/89, approved. Jackie Fordice on behalf of Defenders for Life to picket at Mercy Hospital on 4/22/89, approved. Jackie Fordice on behalf of Defenders for Life to picket in front of Emma Goldman Clinic on 4/22/89, approved. Nathan Shepherd to picket in front of McDonald's Restaurant on 4/18/89, approved. Daniel J. Streeper to have the River Run Road Races on 4/16/89, approved. Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center to set up a table on City Plaza from which to distribute literature and offer crafts and buttons for donations on 4/21-24/89, approved. Sigma Alpha Mu to have a fund-raising basketball bouncing marathon on City Plaza on 4/17, 18, 19/89, approved. Chamber of Commerce to have a street dance on 5/5/89, approved. Crisis Center to use a sandwich board for advertising the benefit concert on 4/29/89, approved. Latin American Human Rights Advocacy Center to set up a table from which to distribute literature and offer crafts and buttons for donations on 4/26.5/8/89, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present, The Mayor declared the motion carried and repeated the public hearings as set. Minutes Iowa City City Council May 2, 1989 Page 3 Mayor McDonald noted that Item 6j would be considered first under Planning and Zoning matters. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89.85, Bk. 100, p. 85, APPROVING THE FINAL PLAT FOR THE EXTENSION OF WEEBER STREET PROVIDING FOR AN APPROXIMATE 238 FOOT DEDICATED EXTENSION OF WEEBER STREET. Council complimented Asst. City Atty. Gentry for her work on this project. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to set a public hearing for 5/16/89 on an ordinance approving an amended preliminary Planned Development Housing (PDH) plan for Summit Place, a 1.69 acre development located at the southeast corner of Kirkwood Avenue and Marcy Street. The Mayor declared the motion carried, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to set a public hearing for 5/16/89 on an ordinance to zone a portion of vacated Hollywood Boulevard right-of-way to CO -1 (Commercial Office). The Mayor declared the motion carried, 7/0, all Councilmembers present. Moved by Courtney, seconded by Horowitz, to set a public hearing for 5/16/69 on an ordinance to change the use regulations of certain property generally located south of Hilltop Mobile Home Park and west of existing Pepperwood Addition's development on Sandusky and Pepper Drive extended from ID -RM to RS -5. The Mayor declared the motion carried, 7/0, all Councilmembers present. A public hearing was held 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 (Joseph Company). The following people appeared: Mike Wisdom, Vice President of Joseph Company; Ernie Zuber, 1208 Wylde Green; Jim Clayton, 304 Reno; Judy Madsen, 1405 Derwen Dr.; Emily Stover, 130 E. Jefferson; John Dane, Route 7; Pepe Rojas - Cardona, Student Senate President; Anna Buss, W. Benton & Miller Streets; Pat Lind, 1005 Penkridge; Jeno Baeta, 1002 E. College, Student Senate Vice President; Stephanie Hamilton, 1204 Ashley; John Alderman, 1204 Ashley; Fred Bluestone, 807 Fairchild; Doug Balley 1033 Cambria Ct.; Robert Hegeman, 5 Penfro Drive. Correspondence was received from John Knott; Student Senate resolution from Beata and McCullough submitted by Pepe Rojas -Carona; and Pat Collins. (Motion accepting correspondence Included with Item 16, Council Information.) A public hearing was held on a request submitted by the Joseph Company to rezone approximately 28 acres along Highway 1 West from 1.1 to CC -2. No one appeared. The Mayor noted comments received at the previous public hearing would be Included as part of the record for this hearing. A public hearing was held on an ordinance to rezone a .48 acre parcel of land located at Sixth Avenue and H Street from RS -8 to RS -12. No one appeared. Minutes Iowa City City Council May 2, 1989 Page 4 Moved by Horowitz, seconded by Courtney, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Horowitz, seconded by Courtney, that the ordinance to rezone a .48 acre parcel of land located at Sixth Avenue and H Street from RS -8 to RS -12, be given second vote for passage (Robert Wolf). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Larson, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Larson, that the ordinance to rezone a 19,800 square foot parcel on the west side of Broadway Street from RM -12 to P/RM-12, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present, The Mayor declared the motion carried. Moved by Balmer, seconded by Kubby, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Counciimembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Kubby, that the ordinance to amend the Zoning Ordinance to permit neighborhood centers in medium to high density residential zones, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Kubby stated she was glad the special exception status would allow expansion of the day care center into the nighttime hours if necessary. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89.86, Bk. 100, p. 86, APPROVING THE PRELIMINARY PLAT OF CAMERON SUBDIVISION, A 20.5 ACRE, 33 -LOT RESIDENTIAL SUBDIVISION LOCATED AT THE NORTHEAST CORNER OF THE MORMON TREK BOULEVARD AND BENTON STREET INTERSECTION. Kubby noted that the thirty-third lot of this subdivision is considered Willowbrooke Pointe Condominiums and stated that she had a problem with that development and would be voting against the subdivision for that reason. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Ambrisco, Balmer, Courtney, Horowitz, Larson, McDonald, Nays; Kubby. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89.87, Bk. 100, p. 87, APPROVING THE PRELIMINARY LARGE-SCALE RESIDENTIAL DEVELOPMENT PLAN FOR WILLOWBROOKE POINTE CONDOMINIUMS, A 6.735 ACRE, 28 -UNIT CONDOMINIUM DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF MORMON TREK BOULEVARD Minutes Iowa City City Council May 2, 1989 Page 5 AND BENTON STREET. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Balmer, Courtney, Horowitz, Larson, McDonald, Ambrisco. Nays: Kubby. Moved by Ambrisco, seconded by Courtney, to adopt RES. 89.88, Bk. 100, P. 88, CONSENTING TO THE VACATION OF A PORTION OF TY'N CAE SUBDIVISION, PART THREE, Lots 39.43 and 46.49. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-89, Bk. 100, p. 89, APPROVING THE PRELIMINARY PLAT OF TY'N CAE SUBDIVISION, PART FIVE, A 5.841 ACRE, 20 -LOT RESIDENTIAL SUBDIVISION LOCATED EAST OF MORMON TREK BOULEVARD. Affirmative roil call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held 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. No one appeared. Moved by Ambrisco, seconded by Larson, that the 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, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor 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 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. No one appeared. Moved by Balmer, seconded by Courtney, that the 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, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the motion carried. Minutes Iowa City City Council May 2, 1989 Page 6 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 33.149, 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. No one appeared. Moved by Balmer, seconded by Ambrisco, that the 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 procedures 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, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on intent to dispose of City -owned vacated right-of-way through a land exchange between Southgate Development and Iowa City (2105 Broadway St./Hollywood Blvd. right-of-way). No one appeared. Moved by Ambrlsco, seconded by Horowitz, to make the following appointments: re- appoint Maris Snider, 300 Melrose Court to the CCN Comm. for a three-year term ending 7/1/92; appoint Katherine Moyers, 417 Hutchinson, L. Jay Stein, 15 Glendale Court, and Jeri Hobart, 1205 Seymour Avenue, to the Bd. of Library Trustees for six-year terms ending 7/1/95. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Kubby thanked Library Bd, members Nancy Willis, Charles Drum, and Tom Summy for their service. Councllmember Larson noted previous discussion with the City Manager re the Melrose and Grand intersection. The City Manager reported that the Traffic Engr. had done some preliminary work and will proceed with traffic counts and other studies that are needed to determine the proper type of slgnalization. Balmer recognized the Downtown Association annual spring clean-up and noted the vandalism that had occurred in the downtown area the previous evening. He encouraged people to report incidents of vandalism and pointed out the Minutes Iowa City City Council May 2, 1989 Page 7 investment of resources in the area. Atkins stated that the vandalism occurred in a part of the Adopt-a-Bed Program. Ambrisco noted a letter from Regency Mobile Home Park for transit service on the agenda and asked that this matter be pursued. The City Manager reported that extension of this route would affect the possible extension to Wal-Mart (Westport Plaza). He stated that it would be difficult to do both and staff will research and report back to Council. Moved by Horowitz, seconded by Ambrisco, to accept correspondence relating to the public hearing for Joseph Company, item 6d, and to make them part of the public hearing. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Horowitz reported on her attendance at Council of Economic Development meeting and staled how fortunate Iowa City was to have the open relationship with staff that we experience. She also reported on a meeting of the East Central Iowa Council of Governments (ECICOG) Technical Advisory Committee of Solid Waste Management and the Department of Geography graduate students to discuss what happens when you close successive landfills, seven In a six county area. Courtney noted that the Mayor will be out of town for the Sesquicentennial celebration and he would be representing Council at a number of upcoming events. Courtney stated a time capsule will be buried as part of the opening ceremonies and suggested the following items be included: resolution and newspaper clippings about the old City Hall bell and its installation; a key to the City; this week's meeting agenda;. a letter from the Mayor; a copy of the book Iowa City An Illustrated History. Kubby suggested a list of all recycling programs and a list of all human service agencies currently funded by the City. Courtney asked all members to have their suggestion to the City Manger by mid-day Thursday for Inclusion in the capsule. Courtney acknowledged the log cabin built by the Homebuilders Association for the celebration and publicly thanked them. Courtney also thanked staff for the additional hydrants for watering of plants for the Adopt-a-Bed Program in the Plaza. The City Attorney briefly outlined the City position on the lawsuit filed by Pleasant Valley Orchards and Nursery; Aria and Antonia Kroeze; and A. Kent Braverman challenging the City's acquisition of Nursery Lane. The City Attorney suggested the Mayor prepare a letter to the County Bd. of Supervisors assuring them that there is no Intent by the City to violate the agreement, and stated the road would be a secondary access for the park only. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89.90, Bk. 100, p. 90, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING THE PROMISSORY NOTE EXECUTED FOR PROPERTY LOCATED AT 711 GRANT ST. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89.91, Bk. 100, p. 91, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A MORTGAGE EXECUTED FOR PROPERTY LOCATED AT 1002 HIGHLAND AVE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Minutes Iowa City City Council May 2, 1969 Page 8 Moved by Ambrisco, seconded by Courtney, to adopt RES. 89-92, Bk. 100, p. 92, AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS AND RECEIPT OF BIDS TO PURCHASE CERTAIN LAND FOR PRIVATE REDEVELOPMENT, KNOWN AS PARCELS C AND D, LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH ACTIONS. Affirmative roll call vote unanimous, 7/0, all Counciimembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, to adopt RES. 89-93, Bk. 100, p. 93, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM (MYEP) FOR THE USE OF 1989 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE MYEP/IOWA CONSERVATION CORPS/SUMMER COMPONENT. The City Manager stated that federal regulations require payment of the Davis -Bacon Act for Individuals 15 years and under and doesn't require it for 16 and 17 year olds. A uniform policy is needed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Larson, seconded by Ambrisco, to adopt RES. 89-94, Bk. 100, p. 94, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE ELDERLY SERVICES AGENCY (ESA) TO ADMINISTER THE HOUSING REPAIR PROGRAM FOR ELDERLY, DISABLED AND HANDICAPPED PERSONS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 69.95, Bk. 100, p. 95, AUTHORIZING ABANDONED BICYCLE SALE TO BE HELD ON MAY 21, 1989. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 69-96, Bk. 100, p. 96, AUTHORIZING RENEWAL OF LEASE WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIATION, for storage of Public Works equipment. Affirmative roll call vote unanimous, 7/0, all Counciimembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89.97, Bk. 100, p. 97, AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR PARCEL NO. SFM.09, ALL IN CONNECTION WITH THE SLUDGE FORCE MAIN PROJECT. Affirmative roll call vote unanimous, 7/0, all Counciimembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-98, Bk. 100, p. 98, AMENDING THE AUTHORIZED ACQUISITION PRICE FOR THE ACQUISITION OF EASEMENTS OVER PARCELS NOS. SIRC 1.05, SIRC 1.06, SIRC 1.20, and SIRC 1.21 IN THE SOUTHEAST Minutes Iowa City City Council May 2, 1989 Page 9 INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT, ALL IN CONJUNCTION WITH IOWA CITY'S WASTEWATER FACILITIES IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vole be waived and that ORD. 89-3406, Bk. 30, p. 7, ADOPTING THE 1988 EDITION OF THE UNIFORM BUILDING CODE AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CITY BUILDING CODE, be voted on for final passage at this time. Kubby stated she would be voting favorably for this ordinance but did wish to voice her concern regarding the definition of "family." Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it Is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 89-3407, Bk. 30, p. 8, ADOPTING THE 1988 EDITION OF THE UNIFORM MECHANICAL CODE AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CITY MECHANICAL CODE, be voted on for final passage at this time. Balmer pointed out that the Council was not wishing to give the appearance of rushing through these code amendments, but they had been reviewed by appropriate City Boards and Commissions and public hearings held. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it Is to be finally passed be suspended, the second consideration and vote be waived ADOPTING CODE AS AMENDED. SAID CODE TO EKEDITION KNOWN AS THE IOWA CITY IRE CODE, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Kubby, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 893409, Bk. 30, p. 10, ADOPTING THE 1988 EDITION OF THE UNIFORM Minutes Iowa City City Council May 2, 1989 Page 10 CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AS AMENDED, SAID CODE TO BE KNOWN AS IOWA CITY DANGEROUS BUILDING CODE, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Horowitz, seconded by Courtney, to adjourn 10:25 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. J,PqN MCDONALD, MAYOR MARIAN K. KARR, CITY CLERK Informal Council Session May 1, 1969 Informal Council Session May 1, 1989, 6:30 p.m., Council Chambers, Civic Center. Mayor McDonald presiding. Councilmembers present: McDonald, Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson. Staf inembers present: Atkins, Halling, Karr, Smith, Schmeiser, Schmadeke, Milkman, Brinton, Davidson, Franklin, Timmins. Tape-recorded Reel 89-24, Side 2 1 -END; Reel 89.26, Side 1, 1 -END, Side 2, 1 -END. DISPOSITION OF LOWER RALSTON CREEK PARCELS C AND D: Reel 89-24, Side 2 PARCEL C. Milkman noted Council received her April 25th memo regarding Lower Ralston Creek Parcels C and D. Milkman explained previous bids received for Parcel C were low and comments received were that the access from Lafayette Street was a problem because Lafayette Street was not Improved and access from the alley was a problem because the parcel was filled high. Milkman stated the purpose of the Ralston Creek project was to reduce the flooding and to clean up the area. She said the proposed work will make the area look better and make the parcel saleable. Milkman explained the proposed work includes vacating a portion of Lafayette Street, removing the excess fill, paving 25 feet of Lafayette Street, grading and seal -coating on the alley, and putting in a few trees on Lafayette Street. In response to Balmer, Milkman said four or five people have expressed Interest in Parcel C. Horowitz asked if plans include beautification of the area in addressing erosion problems. Milkman said an easement will be retained to allow access to the creek bank. Larson asked what it will cost to remove the fill. Schmadeke said that cost was not figured. Milkman asked Council if adjoining property owners should be assessed the costs for paving Lafayette Street. Council agreed that the adjoining property owners should not be assessed those costs. In response to Councilmembers, Milkman said improvements will not be done until the property is purchased. Atkins said the money generated from the sale of the parcel would be used for the improvements. Horowitz said the creek should not be filled in with concrete chunks. Larson asked if Lafayette Street will be able to handle any type of use once it is paved. Schmadeke said semi -traffic would not be appropriate. PARCEL D. Milkman said Parcel D is located at Harrison and Linn streets. McDonald explained that the old St. Patrick's school would be torn down and the demolition will be done shortly. Kubby asked if the Community Theatre is still Interested in utilizing the former school. McDonald stated various groups have talked to the parish council regarding use of the school, but do not have the money to renovate the building. Atkins explained an alternative for the Community Theatre group may be to build a building on the Public Works yard site. Horowitz said the proximity to downtown for an art complex is valuable. Milkman said the RM -125 regulations make this parcel more usable because the developer can build up to the props -,V line. Milkman said both Linn Street and Harrison Street have 80' rights-of-way and the property would be more usable if 10' of the Linn Street and Harrison Street rights-of-way could be added to Parcel D. Council and staff discussed adding the 10' right-of-way to the parcel. Balmer asked how Parcel D affects the Malden Lane area. Atkins stated Maiden Lane area businesses would prefer Parcel D to be made Into a public parking lot. Councilmembers discussed parking. Milkman said if the 10' right-of-way were used, a building could be built that would allow all the parking on one floor. Kubby asked if there would be flooding in the parking area. Milkman said parking could not be excavated and would be at ground level/the 100 -year floodplain level. Ambrisco inquired about the City Manager's conversation with Paul :-13 Minutes informal Council Session May 1, 1989 Page 2 Dunlap. Atkins said Moen will draft an agreement and he has informed Dunlap that a portion of the recommendation is a special assessment project. Atkins said John Rummelhart will be the most affected by the project because he has the most frontage area. Larson asked 9 staff is opposed to adding 10' right-of-way to the parcel. Milkman said most of City staff has no problem with adding 10' right-of-way to the parcel. Balmer said the project should be tied in with other development in the area. Kubby said parking regulations for a high-rise building should be addressed and stated one parking space per unit in a high-rise in that area is not sufficient. Ambrisco noted correspondence was received from Neumann Monson Architects re improvements to property at 309.319 S. Linn Street owned by Haywood Belle and Tom Breeze. Council agreed to proceed with plans as proposed. AGENDA REM NOS. 8 9, 10 11 AND 12: Reel 89-24, Side 2 Atkins said Schmadeke and Brinton were available to answer questions; letters were sent out to about 35 plumbers; and a meeting is scheduled with the Homebuilders Association on May 11. Kubby asked if the use of low flow plumbing supplies should be addressed in the ordinances. Brinton said it is a new and popular Issue. Balmer said the State should handle the use of low flow plumbing on a Statewide basis and manufacturers should be given time to develop products. In response to Courtney, Atkins said all plumbers have been notified. PLANNING AND ZONING MATTERS: Reel 89.24, Side 2 McDonald requested Council discuss Item j first under Zoning Matters at tomorrow's Council's formai meeting. A. A Schmeiser said a plan was originally proposed by At Wells is now being amended and developed by Mike Hodges for a seven -unit condominium townhouse complex. In response to Ambrisco, Schmeiser said Council will receive the proposed plan prior to the public hearing. Atkins suggested staff present Council with a scaled-down sketch at their formal Council meeting. Schmeiser said contingencies placed on the zoning and sale of the property relate to Agenda Item No. 14 - Public Hearing to dispose of City -owned property. s 13 Minutes Informal Council Session May 1, 1989 Page 3 C. Io1! 5. Z-8903 Horowitz asked if staff wants the street out to Sand Road to be a collector street. Schmeiser said that will be discussed along with the subdivision which is being reviewed by staff. Schmeiser said Council should consider whether or not the area should be developed for single-family residences. Franklin said she will review the City staffs position and Planning and Zoning Commission's position relating to this zoning matter. Franklin said there are two questions: the amendment of the Comprehensive Plan and the rezoning of the site. Franklin addressed whether the property should be changed from Industrial to Commercial. Franklin said staffs position Is, based on existing policies, that this proposal should be denied; the map shows the area as Industrial; and the City has an existing policy that encourages commercial development in existing commercial areas. Franklin said the City also has a policy for the purpose of economic development that the City wants to foster Industrial opportunities throughout Iowa City. Franklin stated the policy questions were 1) if the land should be designated Industrial or Commercial, 2) whether Iowa City needs a new commercial area, 3) whether the designation should be for retail, and 4) ff Highway 1 West is the appropriate place to have a new commercial area. Franklin said there needs to be a full discussion of the policies since decisions relating to this proposal will effect the entire corridor as well as the 28 acres. Horowitz asked how many more acres exist between this proposal and Highway 218. Franklin said there are approximately 40 acres from Dane's Road to Westport Plaza site but that some of that is in the Airport Clear Zone. Franklin said the Planning and Zoning Commission voted 4-3 to change the land use designation because they did not feel industrial development was an appropriate use for the site. Franklin said staff felt the site was appropriate for industrial use, It has good access to two major highways, and has access to the Airport. Larson said the land is considered not suitable for Industrial because the owner of the property has priced the land too high. Franklin said Ray Muston, ICAD, indicated the property was topographically too low and did not have the rail access desired by many industrial users. Franklin said the Planning and Zoning Commission felt that they could not say there was going to be any harm to the economy of the City as a whole. Franklin said staff raised concerns that if too much land is zoned Commercial, blight will result. In response to Larson, Franklin said there Is not another commercial area big enough for the proposed development and the question is whether Iowa City needs an area where a shopping center, as opposed to separate retail establishments, can be assembled, and does Iowa City want another commercial core. Franklin said the Planning and Zoning Commission may have seen the development as an extension of the commercial core that is defined on Riverside Drive and Highway i. In response to Kubby's question about the stated policy in the Minutes Informal Council Session May 1, 1989 Page 4 Comprehensive Plan, Franklin said H it is determined that a change on this site is appropriate, then it needs to be resolved whether this development is an extension of the existing commercial core (Riverside Drive to some point west), or whether a new policy advocating a new commercial core is appropriate (Highway 1 West corridor). In response to Kubby, Franklin said Wal-Mart wanted at least seven acres to develop on. In response to Larson, Franklin said staff requested the developers to do a market analysis and the market analysis does show a certain number of dollars of leakage. Larson asked 9 the staff would ever recommend changing a policy. Franklin said N it was demonstrated that there was sufficient industrial land, staff would then consider a change of policy. Horowitz stated the market analysis stated there were unmet needs, but the words were not justified by the figures that were used. Horowitz asked are there companies in the BDI plat that are not using the railroad spurs, Franklin said yes. Franklin said the railroad is just one component that makes Industrial land more attractive. In response to Horowitz, Franklin said the property could be changed Industrial to Research Park, but it would have to be looked at closely because the area does not have the amenities that are normally desirable for a research park. Horowitz stated the City may have to pay for some changes on Highway 1 such as traffic light installation. Frankln stated if any development occurs, there will be an increase in use of Highway 1 and Commercial generates more traffic than Industrial uses. Horowitz said the trade-off of the taxes versus what improvements the City will have to pay for will need to be looked at. Franklin said the conditional zoning will obligate the developer to pay for the traffic signal at the major entrance; acceleration, deceloration lanes and left -turn lanes at the major entrance. Franklin asked Council to look at the plan and policy question first, then go on and look at the zoning change. Counciimembers discussed whether the area should be designated for Industrial or Commercial use; access to the Airport; economic development; Wal-Mart development; the market study; and the traffic impact. Courtney raised concerns about the impact of traffic from the proposed development. Jeff Davidson explained that traffic is organized better when a series of signals are Installed and the City's Traffic Engineer works with the State Traffic Engineer in the case of a State highway. Horowitz asked ff the City allowed commercial development, would the [DOT fund the installation of the traffic light. Davidson said staff feels the development will cause the need for a signal and therefore the developer should pay fur the installation of the traffic signal. In response to Balmer, Davidson said the Orchard Street traffic light is being programmed in the City's Capital Improvements Program. Courtney said a meeting should be scheduled with IDOT and the Highway t business owners to discuss the traffic problems. Atkins said a meeting can be arranged. Horowitz said the commercial development will cause Increased traffic and increased neighborhood Impact. Kubby asked why a subdivision plat is required. Franklin said a subdivision plat Is required whenever three lots or more are created out of an original tract. CONDITIONAL ZONING: Franklin said if Council decides the plan should be changed from Industrial to Commercial, the specific commercial zone needs to be decided. Franklin said Community Commercial has been requested. Franklin explained that when property is rezoned to Community Commercial, any of the uses permitted in that zone are allowed. Franklin said because of the concern for the Highway 1 entranceway, City staff and Planning and Zoning Commission members agreed Z- l3 Minutes Informal Council Session May 1, 1989 Page 5 that If the zoning was to take place, that it should be done conditionally. Franklin said when a conditional zoning is passed, there is a conditional zoning agreement that has to be agreed to by the developer prior to the public hearing. Franklin said the agreement addresses that, among other things, this be a single integrated development with one major entrance and also there be only two free-standing signs. Franklin presented to Council a development plan of the proposed development. Horowitz asked why Iowa City is keeping the rightof-way in front of Carousel Motors. Franklin said the City does not have to retain that right-of-way because the frontage road is not being extended. Franklin noted there will be an access easement granted to the west. Staff and City Council discussed use of frontage roads. E. F. See above Item D. Schmeiser stated the applicant has requested expedited action. G. ORDINANCE TO REZONE A.48 ACRE PARCEL OF LAND LOCATED AT SIXTH AVENUE AND H STREET FROM RS -8 TO RS -12. (ROBERT WOLF. Z-8906). No Council discussion. H. ORDINANCE TO REZONE A 19,800 SQUARE FOOT PARCEL ON THE WEST SIDE OF BROADWAY STREET FROM RM -12 TO P/RM-12. (Z-8904). Schmeiser stated the "P" designation means ownership by the City and the RM -12 designation indicates its interest for private use. I. ORDINANCE TO AMEND THE ZONING ORDINANCE TO PERMIT NEIGHBORHOOD CENTERS IN MEDIUM TO HIGH DENSITY RESIDENTIAL ZONES. Schmeiser said this would amend the Zoning Ordinance to allow a neighborhood center in zones from RS -12 to RM -145. Schmeiser said the applicant has requested expedited action and staff has not received any objections from area residents. J. RESOLUTION APPROVING THE FINAL PLAT FOR THE EXTENSION OF WEEBER Timmins stated Atty. Honohan may not be at Council's formal meeting 5/2; Atty. Honchan has indicated he is willing to talk to City staff about terms of a subdivision agreement, and the resolution that will approve the subdivision provides that legal documents are subject to review and approval by the Legal Department. Council should proceed. z-13 Minutes Informal Council Session May 1, 1989 Page 6 K. L. Schmeiser stated the Wilowbrooke Pointe Condominium is the 33rd lot in the development and this lot was added to the subdivision to integrate it and make it a complete development. In response to Kubby, Schmeiser explained that anytime there are 30 dwelling units or a development that is on two acres or more, a Large Scale Residential Development plan is required. No Council discussion. M. RESOLUTION CONSENTING TO THE VACATION OF A PORTION OF TY'N CAE SUBDIVISION. PART THREE. (S•8902) No Council discussion. N. No Council discussion. COUNCIL TIME/AGENDA: Reel 89.26, Side 2 I' 1. Ambrisco stated the streetlight located on First Avenue and Rochester is not working properly. Atkins stated staff will check on It. 2. McDonald announced a City Council goal setting session will be held on Monday, May 8, 1989, from 3:30 p.m, to 6:30 p.m, in the Civic Center Council Chambers. Atkins requested Council to bring their parking studies. APPOINTMENTS: Reel 89.26, Side 2 CCN: reappoint Maris Snyder Board of Library Trustees: 1. Jeri Hobart 2. Jay Stein 3. Katherine Moyers. Z— /3 Minutes Informal Council Session May 1, 1989 Page 7 NURSERY LANE LAWSUfT: Reel 69-26, Side 2 Timmins noted Councilmembers received his confidential May 1, 1989 memo regarding the City's acquisition of Nursery Lane. Timmins said any questions regarding this issue during Council's formal meeting can be handled in open or closed session. Courtney asked if there Is other pending litigation Involving complaints about the water. Atkins said he will write a letter to Arie Kroeze asking him to contact him directly regarding any problems. RULES COMMITTEE MEETING: Reel 8326, Side 2 Ambrisco noted the Rules Committee is scheduled to meet Tuesday, May 2, at 7:00 p.m. in s the Civic Center Council Chambers. The meeting adjourned at 8:30 p.m. a t t 1 i