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HomeMy WebLinkAbout1989-05-16 Council MinutesInformal Council Session May 1, 1989 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. Staffmembers 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 Counciimembers, 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 property 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 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 if 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. Unn Street owned by Haywood Belle and Tom Breeze. Council agreed to proceed with plans as proposed. AGENDA ITEM 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 formal meeting. A. B. Schmeiser said a plan was originally proposed by Al 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. Minutes Informal Council Session May 1, 1989 Page 3 C. 21 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. (JOSEPH Franklin said she will review the City staff's 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 staff's 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. i 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) if 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 1. 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 if 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 if the staff would ever recommend changing a policy. Franklin said if 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 SDI 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 i 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, deceleration 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. Councllmembers 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 I 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 if the City allowed commercial development, would the IDOT 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 for 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 1 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 j 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 ■ 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 right-of-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. REQUEST SUBMITTED BY THE JOSEPH COMPANY TO REZONE APPPnxiMATFi v VA F. See above Item D. Schmeiser stated the applicant has requested expedited action. 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. IZ-89041. 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 NEIGHBORHOOn Schmelser 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 WFFRFR Timmins stated Atty. Honohan may not be at Council's formal meeting 5/2; Atty. Honohan 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, I Minutes Informal Council Session May i, 1989 Page 6 2 L. M. N. Schmeiser stated the Willowbrooke 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. No Council discussion. No Council discussion. i COUNCIL TIME/AGENDA: Reel 89.26, Side 2 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. i i I Minutes Informal Council Session May 1, 1989 Page 7 NURSERY LANE LAWSUIT: Reel 89-26, 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 Arlo Kroeze asking him to contact him directly regarding any problems. RULES COMMITTEE MEETING: Reel 89.26, Side 2 Ambrisco noted the Rules Committee is scheduled to meet Tuesday, May 2, at 7:00 p.m. in the Civic Center Council Chambers. . The meeting adjourned at 8:30 p.m. li ,I I I •II-. ,I I OFFICIAL COUNCIL ACTIONS • 5/2/89 The cost of publishing the following proceedings and claims Is $ . Cumulative cost for this calendar year for said publication is $ Iowa City Council, reg. mig., 7:30 p.m. at the CNB Cerner. Maya McDonald presiding. Councilmembers present: Ambdsco, Balmer (7:40), Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. The Maya proclaimed May 6, 1989 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. Eakin 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 3 Trust Company; Iowa State Bank; and Friends of Historic Preservation. Moved and seconded to adopt RES. 89.82, ACCEPTING DONATION OF OLD CITY HALL BELL FROM MR. HERBERT GARTZKE. Moved and seconded that the following nems 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; Bd. of Adjustment - 4/12; City Council/P3Z Comm. joint meeting - 4/11; PdZ Comm. - 4/6, 4/20; Airport Comm. - 3/21; RNerfrom Comm. - 3/15, 4/19; NPO Interim Bd. of Directors - 4/11; Broadband Telecomm. Comm. - 1/18, 2/15, 3/8; CNII Service Comm. - 3/30. Permit Motions: Class E Beer Permit for Drugtown #Z 1221 N. Dodge. Special Class C Beer/Wine Permit for Jade Garden, 119 Iowa Avenue, CLass C Liquor License for Colonial Bowling Lanes, 2253 Highway 218 South.. .. Setting Public Hearings: RES. 8983, TO SET A PUBLIC HEARING ON AMENDING THE FY89 OPERATING BUDGET. RES. 89.84, TO SETA PUBUC HEARING ON AMENDING THE FY89 CAPITAL PROJECTS BUDGET. Correspondence: Petition from 132 residents on Regency Mobile Home Park for transit service. Memo from the CNII Service Comm. submitting a candied 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, approved. Jane Dinsmore to distribute Veterans' Poppies on Iowa City streets on 5/19 and 20, approved. Paul Maske on behalf of Westphal Star Amusement Carnival to use the parking lot adjacent to the Holiday Inn for a camNal on 5/4.6, with the added dales of 5/3 and 7 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, for the Northside Neighborhood Fair, denied. Phi Gamma Deka to have the Island Classic RunfWalk on 4/22, approved. Pat Van Eck to use the Park Road Bridge and Oakland I I Official Actions Iowa City City Council May 2, 1989 Page 2 Cemetery for Memorial Day services on 5/29, approved. Jackie Fordice on behalf of Defenders for Ufe to picket at Mercy Hospital on 4/22, approved. Jackie Fordice on behalf of Defenders for Life to picket In horn of Emma Goldman Clinic on 4/22, approved. Nathan Shepherd to picket in from of McDonald's Restaurant on 4/18, approved. Daniel J. Sireeper to have the River Run Road Races on 4/16, approved. Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Cerner to set up a table on City Plaza from which to distribute literature and offer crafts and buttons for donations on 4/21-24, approved. Sigma Alpha Mu to have a fund-raising basketball bouncing marathon on City Plaza on 4/17, 18, 19, approved. Chamber of Commerce to have a street dance on 5/5, approved. Crisis Cerner to use a sandwich board for advertising the benefit concert on 4/29, 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, approved. The Mayor declared the motion carried. Moved and seconded to adopt RES. 89.85, APPROVING THE FINAL PLAT FOR THE EXTENSION OF WEEBER STREET PROVIDING FOR AN APPROXIMATE 238 FOOT DEDICATED EXTENSION OF WEEBER STREET. Moved and seconded to set a public hearing for 5/16 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. Moved and seconded to set a public hearing for 5/16 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. Mored and seconded to set a public hearing for 5/16 on an ordinance to change the use regulations of certain property generally located south of Hilltop Mobile Home Park and west of mdsting Pepperwood Addition's development on Sandusky and Pepper Drive Wended from ID -RM to RS4 The Mayor declared the motion carried. 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. Beaton 6 Miller Streets; Pat Und, 1005 Penkridge; Jeno Baea, 1002 E. College, Student Senate Vice President; Stephanie Hamilton, 1204 Ashley; John Alderman, 1204 Ashley; Fred Bluestone, 807 Fairchild; Doug Bailey 1033 Cambria Ct.; Robert Hegeman, 5 Pentro Drive, Correspondence was received from John Knott; Student Senate resolution from Beata and McCullough submitted by Pepe Rojas -Carona; and Pat Collins. Official Actbre Iowa City Clry Council May 2, 1909 Page 3 A public hearing was held on a request submitted by the Joseph Company to rezone approximately 28 acres along Highway 1 West from I-1 to CC -2 The Mayor noted i comments received at the previous public hearing would be Included as pan of the record for this hearing. A public hearing was hell on an ordinance to rezone a .48 acre parcel of land located at Sbdh Avenue and H Street from RS -8 to RS -12. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded that the ordinance to rezone a .48 acre parcel of land located at Sbdh Avenue and H Street from RS -8 to RS -112, be given second vote for passage. The Mayor declared the motion carded. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded that the ordinance to amend the Zoning Ordinance to permit neighborhood tamers in medium to high densly residential zones, be given second vote for passage. The Mayor declared the motion carried. Moved and seconded to adopt RES. 89-86, 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. Moved and seconded to adopt RES. 8987, APPROVING THE PRELIMINARY LARGE-SCALE RESIDENTIAL DEVELOPMENT PLAN FOR WILLOWBROOKE POINTE CONDOMINIUMS, A 6.735 ACRE, MUNIT CONDOMINIUM DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF MORMON TREK BOULEVARD AND BENTON STREET. Moved and seconded to adopt RES. 8988, CONSENTING TO THE VACATION OF A PORTION OF TY'N CAE SUBDIVISION, PART THREE. Moved and seconded 10 adopt RES, 8989, APPROVING THE PRELIMINARY PLAT OF TYN CAE SUBDIVISION, PART FIVE, A 5.841 ACRE, 20 -LOT RESIDENTIAL SUBDIVISION LOCATED EAST OF MORMON TREK BOULEVARD. 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 1566 thereof, and enacting In lieu thereof a new Coda 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. Official Actions Iowa City City Council May z 1969 Page 4 Moved and seconded that the ordinance amending Chapter 15 of the Code of Ordinances of the City of laws City. Iowa, by repealing Section 15-66 thereof, and enacting In lieu thereof a new Cale Section to be codified the same, providing for the establishment of a Delinquency Depose for combined water and/or sewer and/or solid waste collection accounts, be given first vote for passage. Mayor declared the motion carded. 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 32.155 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 Depose, combined, for city water and/or sewer and/or solid waste collection accounts. Moved and seconded 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 Depose, combined, for city water and/or sewer and/or solid waste collection accounts, be given first vote for passage. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Chapter 33 of the Code of Ordinances of the City of Iowa City, Iowa (1) by repealing Sections 33.149, 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 fess 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. Moved and seconded 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 wider and/or sewer and/or solid waste collectlonaccounts, (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. 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. Official Actions low& CIry City Council May 2. 1989 Page 5 Moved and seconded to make the following appointments: (e -appoint Maris Snider, 300 Melrose Court to the CCN iComm. for a three.year term ending 7/1/92; appoint Katherine Moyers, 417 Hutchinson, L Jay Stein, 15 Glendale Court, and Jed Hobart, 1205 Seymour Avenue, to the Bd. of library Trustees for six-year terms ending 7/1/95. The Mayor declared the motion carried. Counclimember Larson noted previous discussion with the City Manager to 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 signalizatbn. 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 poised out the investment of resources in the area Atkins stated that the vandalism occurred In a pan 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 staled that it would be difficult to xis both and staff will research and report back to Council. Moved and seconded to accept correspondence relating to the public hearing for Joseph Company, hem Sol, and to make them part of the public hearing. The Mayor declared the motion carried. Horowitz reported on her attendance at Council of Economic Development meeting and stated 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, Man in a six county area Courtney rated that the Mayor will be out of town for the Sesquicentennial celebration and he would be representing Council at a number of upcoming evens. Courtney stated a time capsule will be burled as part of the opening ceremonies and suggested the following items be Included: resolution and newspaper clippings about the old City Hall bell and he Installation; a key to the City; this week's meeting agenda; a tetter 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 acknowledged the log cabin bulk 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; Arlo and Antonla Kroeze; and A. Kent Braverman challenging the City's acquisition of Nursery Lane. Moved and seconded to adopt RES, 89.90, 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. ORkial Actions Iowa City CM/ Council May 2, 1989 Page 6 Moved and seconded to adopt RES. 89-91, 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. Moved and seconded to adopt RES. 89-92, 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 CIN CLERK TO PUBLISH NOTICE OF SUCH ACTIONS. Moved and seconded to adopt RES. 89-93, AUTHORIZING THE MAYOR TO SIGN AND THE CIN 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. Moved and seconded to adopt RES. 89.94, AUTHORIZING THE MAYOR TO SIGN AND THE CIN CLERK TO ATTEST AN AGREEMENT WITH THE ELDERLY SERVICES AGENCY (ESA) TO ADMINISTER THE HOUSING REPAIR PROGRAM FOR ELDERLY, DISABLED AND HANDICAPPED PERSONS. Moved and seconded to adopt RES. 89-95, AUTHORIZING ABANDONED BICYCLE SALE TO BE HELD ON MAY 21, 1989. Moved and seconded to adopt RES. 89.96, AUTHORIZING RENEWAL OF LEASE WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIATION. Moved and seconded to adopt RES. 89.97, AUTHORIZING THE CIN MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR PARCEL NO. SFM.09, ALL IN CONNECTION WITH THE SLUDGE FORCE MAIN PROJECT. Moved and seconded to adopt RES. 89.98, 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 INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT, ALL IN CONJUNCTION WITH IOWA CRYS WASTEWATER FACILITIES IMPROVEMENTS PROJECT. 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 finely passed be suspended, the second consideration and vote be waived and that ORD. 89-3406, ADOPTING THE 1988 EDITION OF THE UNIFORM BUILDING CODE AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CIN BUILDING CODE, be voted on for final passage at this time. The Mayor declared the motion carded. 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 Mal 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. 893407, 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. The Mayor declared the motion carded. Moved and seconded that the ordinance be finally adopted at this time. Official Actions Iowa Cly Cly Council May 2, 1989 Page 7 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 finely Passed be suspended, the second consideration and vote be waived an that ORD. 893408, ADOPTING THE 19M EDITION OF THE UNIFORM FIRE CODE AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CITY FIRE CODE, be voted on for Mal 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 ordinance adopted. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council - meefings prior to the meeting at which it Is to be finally Passed be suspended, the second consideration and vole be waived and that ORD. 893409, ADOPTING THE 19M EDITIONOF THE I . DANGEROUS BUILDINGSDAS AMENDED, SAID CODE O BE I KNOWN AS IOWA CITY DANGEROUS BUILDING CODE, be voted on for final Passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be MaBy adopted at this time. _ I' Mored and seconded to adjourn 10:28 p.m. The Mayor l declared the motion carried. " A more complete description of Council activities is on file In the Office of the City Clerk. s/JOHN MCDONAIMAYOR sjMARIAN K KARL CITY CUER!(r t, Submitted for publication 5/12/89 � i - 1 I i I _ 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, Schmeiser, 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, 1989 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 Manshelm, 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, dba Drugtown #2, 1221 N. Dodge, Approving a Special Class C Beer/wine Permit for Mei 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. 89-84, Bk. 100, p. 64, 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. I 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 5/16/89 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 find, 1005 Penkridge; Jeno Basta, 1002 E, College, Student Senate Vice President; Stephanie Hamilton, 1204 Ashley; John Alderman, 1204 Ashley; Fred Bluestone, 807 Fairchild; Doug Salley 1033 Cambria Ct.; Robert Hegeman, 5 Penfro Drive. Correspondence was received from John Knott; Student Senate resolution from Basta 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 WoIQ. 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 Councilmembers 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 Councilmembers 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 roll 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 321-55 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 Councilmembers present. The Mayor declared the motion carried. I 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 Ambrisco, 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, Counciimember 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 signalizatlon. 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 Coundimembers present. Horowitz reported on her attendance at Council of Economic Development meeting and stated 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; Arie 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, 1989 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 Councilmembers 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. i i Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-95, 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. 89-96, 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 Councilmembers 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 Councilmembers 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 CrrY'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 vote 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 riate City arins holdhey had been Affirmative roll icall dvote by unanimous, 7/0,oall Councilmembers ards and npresns and tublTheic eMayor 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 Councllmembers 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 an that ORD. 89.3408, Bk. 30, P. 9, ADOPTING THE 1988 EDITION OF THE UNIFORM FIRE CODE AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CITY FIRE CODE, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers i 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. 89.3409, 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. JOHN MCDONALD, MAYOR MARIAN K. KARR, CITY CLERK I i I I� SII i I j Ili II j COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES May 16, 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, Halling, Timmins, Karr, Franklin, Schmeiser, Davidson, Donahue, Schmadeke, Brinton. Council minutes tape recorded on Tape 89-28, Side 2, END -1; 89-33, Sides 1 and 2; 89-34, Side 1, 1-116. The Mayor proclaimed May 29, 1989, as FORGET-ME-NOT DAY; May 22-29, 1989, as BUCKLE UP AMERICA WEEK, Cathryn Wilkinson, Arts Coordinator of the Iowa City Area Chamber of Commerce, announced upcoming events for the first Iowa Festival to be held June 10-25 in Iowa City and Coralviile. ; Ed Wilson and Carlton Johnson, representing the Independent Insurance Association In Johnson County, presented a check for $85,768 to the City earned due to the exceptionally good loss record over the past three years. They complimented the City on good management and good safety practices. Moved by Ambrisco, seconded by Courtney, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as j amended: 1 Approval of Official Actions of the regular meeting of 5/2/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: City Council Rules Comm. - 5/2/89; Bd. I of Electrical Examiners and Appeals -4/18/89; Historic Preservation Comm. - 4/12/89; P&R Comm. - 4/12/89; Design Review Comm. - 4/20/89; Sr. Center Comm. - 2/27/89; Bd. of Library Trustees - 4/27/89. Permit Motions: Approving a Class C Liquor License for J.S. Mummey, Inc, dba Mumm's Saloon & Eatery, 21 W. Benton Street. Approving a Class C Liquor License j for Fitzpatrick's Alehouse, Inc. dba Fitzpatrick's Alehouse, Inc., 525 South Gilbert, Approving an Outdoor Service Area for J.S. Mummey, Inc. dba Mumm's Saloon & i Eatery, 21 W. Benton Street. Approving an Outdoor Service Area for Fitzpatrick's Alehouse, Inc. dba Fitzpatrick's Alehouse, Inc„ 525 South Gilbert. Approving a Class C Beer Permit for Ware & McDonald 011 Co, dba Wareco, 828 S. Dubuque. Approving a Class C Liquor License for Linn Street Cafe, Inc, dba Linn Street Cafe, Inc., 121 N. Linn Street. Motions: Approving disbursements in the amount of $4,903,040.45 for the period of 4/1 thru 4/30/89, as recommended by the Finance Director, subject to audit. Setting Public Hearings: RES. 89.99, Bk. 100, P. 99, TO SET A PUBLIC HEARING FOR 5/30/89 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE CENTRAL STATES CAN CO,/SILGAN CORP. RAIL SPUR RAP-RR89(5)-9T-52. RES, 89.100, Bk. 100, P. 100, TO SET A PUBLIC HEARING FOR 5/30/89 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST Minutes Iowa City City Council May 16, 1989 Page 2 FOR THE CIVIC CENTER/POLICE AND FIRE DEPARTMENTS EXPANSION AND REMODELING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING AND DIRECTING CITY ENGINEER TO PLACE SAID PLAN ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 89-101, Bk. 100, p. 101, ACCEPTING THE WORK FOR STORM SEWER FOR RESUBDIVISION OF GOVERNMENT LOT OF SECTION 15, T69N, R6W of 5th P.M., IOWA CITY, IOWA, W.A. GAY SUBDIVISION. Correspondence: Robert and Mayzee Darby expressing opposition to the proposed Wal-Mart shopping center. Bob Luebke expressing support for the Wal-Mart project. Memo from the Human Services Coordinator regarding Emergency Shelter Grant proposals for which funding has been awarded. Memo from the Civil Service Commission submitting a certified list of applicants for the following positions: (a) Police Chief and (b) Police Dispatcher. Applications for the Use of Streets and Public Grounds: Gay People's Union to have a parade on city streets on 6/17/89, approved. Disabled American Veterans Organization to distribute Forget -Me -Not Flowers for donations on city streets during the Memorial Day weekend, approved. Veterans Administration Medical Center for the use of Newton Road by a military band and guests at the dedication ceremonies to walk from Carver Hawkeye Arena to the VA Medical Center on 6/10/89, approved. Mercy Hospital for the Nurses' Three -Mile Walk/Run on 5/3/89, approved. Defenders for Life to picket in front of the Emma Goldman Clinic on 5/2, 4 and 5/89, approved. Applications for City Plaza Use Permits: Kathy Gill to set up a table on City Plaza from which to sell Girl Scout cookies on 5/4, 5, and 6/89, approved. Johnson County MADD for permission to release helium filled balloons from the fountain area on the Plaza on 5/13/89, approved. Latin American Human Rights Advocacy Center to set up a table on City Plaza from which to distribute literature and offer crafts for donations on 5/9-14/89, approved. Reproductive Rights Coalition to set up a table on City Plaza to distribute literature and offer Items for donations and also to have a musical performance in the stage area next to Godfather's Pizza on 4/29/89, approved. Balmer noted the memo from the Human Service Coordinator regarding Emergency Shelter Grant proposals (Item g(3)) and noted the efforts of the coordinator. Kubby referenced the letter from the owner of The Mansion (Item c(4)) regarding parking problems around Fitzpatrick's and questioned City assistance. The City Manager stated he was working with property owners along Gilbert Street drafting a development agreement which should Improve the parking significantly. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearings as set. A public hearing was held 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. Judy Nyren, 1219 Ginter Avenue, and Charlie Pollak, expressed concern about the proposed development and loss of the historic structure currently on the site. A i Minutes Iowa City City Council May 16, 1989 Page 3 Moved by Horowitz, seconded by Ambrisco, to defer to 5/30/89 consideration of 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 Mrkwood Avenue and Marcy Street. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on an ordinance to rezone a portion of vacated Hollywood Boulevard right-of-way to CO -1. A resident of Hollywood Garden Apartments appeared in support of the activities center but raised concerns re established trees in the drainage ditch. A public hearing was held 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 development on Sandusky and Pepper drives extended from ID -RM to RS -5. No one appeared. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-102, Bk. 100, p. 102, AMENDING THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF APPROXIMATELY 28 ACRES ALONG HIGHWAY 1 WEST FROM INDUSTRIAL TO GENERAL COMMERCIAL (Westport Plaza). Individual Councilmembers expressed their views on the request. Councilmember Horowitz stated she found no compelling reason to change the comprehensive plan and felt it would be prudent to reserve remaining industrial land. Balmer noted a great deal of Input from both sides on this issue and noted the community change since the original comprehensive plan. He felt the downtown had been protected a number of years ago, the Industrial area was moving to the east, and felt this request for commercial zoning appropriate. Kubby referenced statements in the comprehensive plan and a joint meeting of the Planning and Zoning Commission and Council about changes to It, and stated she felt there was justification for not having any large commercial zone at this time. She noted a number of existing commercial retail areas available, and pointed out that the Airport was looking at marketing some land in the area for Industry and if the rationale for voting in favor of this request was to obtain larger parcels the Airport land would address that, Ambrisco stated the land naturally lends itself to commercial and that rezoning would help keep the present industrial park viable. Courtney thanked Balmer for the remarks re the establishment of downtown area and then the surrounding areas. He stated he could not make a case for keeping it Industrial, and small empty spaces are available but larger centers are needed to draw people Into the community. Larson reviewed Council discussion relative to the downtown area such as expanding the area to the south of downtown and marketing the vacant parcel next to the Holiday Inn. He noted a commitment to establish screening and extensive landscaping, bringing in a new market, $6 million payroll, additional tax revenues, and other available Industrial land as reasons for voting In favor of the request. McDonald noted that land had been zoned industrial for a number of years and not developed and stated there was a need for the comprehensive plan to change. He said he would be voting in favor as he did not feel commercial development was Inappropriate for the area, The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote; Ayes: Ambrisco, Balmer, Courtney, Larson, McDonald. Nays: Horowitz, Kubby. Moved by Larson, seconded by Ambrisco, to accept correspondence from Mrs, Ralph Janes; Matthew Bricker; Mark & Judy Madsen; Jo Ann Beard; Petition from 24 persons opposing rezoning filed 5/16; Petition from Minutes Iowa City City Council May 16, 1989 Page 4 82 persons opposing proposed change in zoning filed 5/16; Mr. & Mrs. Brian McCabe; Margaret Miller; Lois Jensen; Catherine Johnson; Petition from 352 persons opposing proposed change in zoning filed 5/17; call from Ingell Doyle. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present, Moved by Balmer, seconded by Larson, that the ordinance to rezone approximately 28 acres along Highway 1 West from 1-1 to CC -2 (Westport Plaza), be given first vote for passage. Balmer noted the conditional zoning agreement had been signed by the applicant and the City was going to benefit from the applicant making significant expenditures, i.e. signalization and improvements to the highway. Staflmember Franklin clarified that a second access road would be provided. Kubby questioned amending the agreement to provide for a sound barrier. Balmer stated noise is already a problem in the area. Council agreed to pursue the matter of screening by the City. Kubby raised concerns regarding the economy of neighboring rural communities, setting a policy to restrict another commercial strip, and questions regarding labor Issues. The Mayor declared the motion carried, 5/2, with the following division of roil call votes: Ayes: Balmer, Courtney, Larson, McDonald, Ambrisco. Nays: Horowitz, Kubby. Moved by Larson, seconded by Ambrisco, to adopt ORD. 89-3410, Bk. 30, p. 11, REZONE A.48 ACRE PARCEL OF LAND LOCATED AT SIXTH AVENUE AND H STREET FROM RS -8 TO RS -12 (ROBERT WOLF), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-103, Bk. 100, p. 103, APPROVING THE PRELIMINARY PLAT OF LOT 11 AND 12, BLOCK 1, BRAVERMAN CENTER AND THE FINAL PLAT OF LOT 12, BLOCK 1, BRAVERMAN CENTER, A ONE LOT SUBDIVISION ON THE WEST SIDE OF BROADWAY STREET. 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. 69.104, Bk. 100, p. 104, AUTHORIZING CONVEYANCE OF A PORTION OF VACATED HOLLYWOOD BOULEVARD RIGHT-OF-WAY TO SOUTHGATE DEVELOPMENT THROUGH A LAND EXCHANGE, Kubby questioned retaining the established trees, Staffinember Franklin stated that when the drainage ditch is cleaned out the trees on the north side will be retained, those In the channel and on the south side will be removed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, to adopt ORD, 89-3411, Bk. 30, p. 12, REZONE A 19,800 SQUARE FOOT PARCEL ON THE WEST SIDE OF BROADWAY STREET FROM RM -12 TO P/RM-12, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Balmer, to adopt ORD. 89.3412, Bk, 30, p. 13, AMEND THE ZONING ORDINANCE TO PERMIT NEIGHBORHOOD CENTERS IN MEDIUM TO HIGH DENSITY RESIDENTIAL ZONES, be passed and adopted. Kubby noted a ciarincation on the understanding regarding hours at the neighborhood center. PPD Director Schmeiser stated that the ordinance specifically establishes hours for the neighborhood center and the Board of Adjustment cannot expand those hours. However, staff will be looking Into this matter I Minutes Iowa City City Council May 16, 1909 Page 5 in the near future. Horowitz stated she would be voting favorably on this ordinance only if we really look Into the matter of hours. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-105, Bk. 100, p. 105, APPROVING THE PRELIMINARY PLAT OF BRIAR RIDGE SUBDIVISION, PARTS 11 AND III, AN APPROXIMATE 34 ACRE, 16 -LOT RESIDENTIAL SUBDIVISION GENERALLY LOCATED EAST OF THE CORALVILLE RESERVOIR ON PRAIRIE DU CHIEN ROAD, APPROXIMATELY TWO MILES NORTH OF IOWA CITY. Kubby raised concerns regarding the steep slopes and environmental regulations in County subdivisions and possible Impact on the fringe agreement. PPD Director Schmeiser stated a lot depends on whether those environmental regulations are contained in the subdivision ordinance. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Courtney, to adopt RES. 69.106, Bk. 100, p. 106, APPROVING THE FINAL PLAT OF BRIAR RIDGE SUBDIVISION, PART 11, A 13.806 ACRE, 6 - LOT RURAL RESIDENTIAL SUBDIVISION. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Pam House, Coordinator of the Children's Agenda, briefed Council on past and future activities of the organization and Invited them to attend a public meeting 5/24 at the Public Library. Anna Busse, 2125 Benton, asked Council to encourage better screening and litter control between the shopping area and the neighborhood center on Broadway. She also requested a stop sign at the corner of Miller and Benton, especially during construction and the detour, and stricter enforcement of the speed limit. Steve Jacobi requested Council consider renaming Harrison HILI Park to Michaels Park as a living memorial for all the children with terminal conditions. Councilmembers suggested the name remain the same, but a plaque or sign be erected dedicating the park to the children. Joan Vandenberg, Director of Willowcreek Center, thanked Council for helping establish a neighborhood center on Broadway. The Mayor announced the following vacancy: Bd. of Adjustment - one vacancy for an unexpired term ending 1/1/94. This appointment will be made at the 6/27/89 meeting of the City Council. Moved by Ambrisco, seconded by Kubby, to adopt RES, 89.107, Bk. 100, p. 107, AUTHORIZING ADOPTION OF BY-LAWS FOR THE MAYOR'S YOUTH EMPLOYMENT PROGRAM. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, to appoint Jerry Sullivan, 179 Columbia Drive, to the Mayor's Youth Employment Ed. for an unexpired three-year term ending 4/15/92. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present, Minutes Iowa City City Council May 16, 1989 Page 6 Councilmember Kubby called attention to the fact that the City temporary ran out of water meters for residents who wish to install a second meter for outside watering, and questioned options available. The City Manager reported the supply of 700 meters had been depleted and additional meters ordered with a shipment date of August. Staffmember Brinton present for discussion. The City Manager stated it was unfortunate but no one could foresee the demand. Kubby reminded the public of her office hours in the Senior Center, Washington Street entrance, on Thursday from 4.6 p.m. Balmer requested Council take a group bus tour of certain areas of future Council discussion and action. Balmer noted a problem regarding a grand opening at a local small business and the use of temporary banners. The City Manager reported that the ordinance had been changed to allow such temporary uses but the establishment did not apply for a permit, they were Installed improperly and were oversized. The City Manager said a summary memo will be prepared. Ambrisco noted the 6/10 dedication of the new Veterans Medical Center in honor of Ralph Neppel and encouraged a number of local government officials to attend. Horowitz reminded Councilmembers of the Invitation from the National Trust for Historic Preservation to attend a reception for Senator Tom Harkin and a ceremony awarding the town of Bonaparte its official listing on the National Register of Historic Places on 6/3. She asked Council consideration regarding amending the weed ordinance to eliminate the reference to any date for enforcement purposes. Staff will research and report back. Moved by Ambrisco, seconded by Horowitz, TO APPROVE THE APPOINTMENT OF THE POLICE CHIEF, Ralph J, Winkelhake effective 6/12/89. The City Manager stated a press conference will be held Friday, 5/19, to formally Introduce the new Police Chief. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to adopt RES, 89.108, Bk. 100, p. 108, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR A RAIL ASSISTANCE ECONOMIC DEVELOPMENT GRANT AND ANCILLARY AGREEMENTS WITH MICHAEL DEVELOPMENT AND IOWA CITY CAN COMPANY, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Larson, seconded by Kubby, to adopt RES. 89-109, Bk. 100, p. 109, ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAL EMPLOYEES FOR FY90 AND FY91. 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. 89-110, Bk. 100, p, 110, ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR ADMINISTRATIVE AND EXECUTIVE EMPLOYEES FOR FY90 AND FY91. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Larson, to adopt RES, 89-111, Bk. 100, p. 111, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR CONSULTATIVE SERVICES WITH ECONOMIC AND ENGINEERING SERVICES, INC. FOR THE PROVISION OF A COST -OF -SERVICES STUDY FOR IOWA CITY'S WASTEWATER COLLECTION AND TREATMENT SYSTEM, Horowitz asked if 1 Minutes Iowa City City Council May 16, 1989 Page 7 additions discussed at Council Informal session the previous evening had been included. The City Attorney said the list Included in the contract is only an initial request list and not a final listing, and assured Council It would be reviewed. Balmer stated the City was forced into this situation because of litigation and hoped this would resolve the issue. 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. 89-112, Bk. 100, P. 112, i APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BY AND BETWEEN THE CITY OF IOWA CITY, AND THE UNIVERSITY OF IOWA FOR MATERIAL AND EQUIPMENT DELIVERY AND STORAGE DURING CONSTRUCTION ADJACENT TO CURRIERit was not work ng out we h d DENa right o askthem toHALL Kuby stated move. Affshe was irmat elad thatroll callllrvo eeunanimothe aeemnt said Itus, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be ji 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. 89-3413, Bk. 30, p. 14, AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES ENACTING IN LIEU THEREOF A NEW CODE SECTIONLITO BNG E TION 15-66 THEREOF ANDHCODIFIED THE SAME, PROVIDING FOR THE ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED i WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS, 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 i Councilmembers present. The Mayor declared the ordinance adopted. The Mayor announced there had been a slight change In the proposed ordinance, Item 20. Moved by Balmer, seconded by Larson, to amend Section 2 of the ordinance, on page 5, to change the title of one of the service fees provided at subsection (L) thereof, the fee under c) to be titled "Service fee for resetting or reading meter, or for restarting service." The Mayor Ba mer, seconded t nded by Larson, that the rule ed the motion carried orequir requiring ordinance0, all s 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 suspendedthe second consideration and vote be waived and that ORD. 89-3414, Bk. 30, p, 15, 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 f ESTABLISH A DELINQUENCY DEPOSIT, COMBINED, FOR CITY WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS, 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, Balmer thanked Ed Brinton and other staffinembers for their presentation to the Iowa City Homebuilders, Minutes Iowa City City Council May 16, 1989 Page 8 i I 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. 89-3415, Bk. 30, p. 16, 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 33-148, 33-156, AND 33-167, PROVIDING FOR (A) THE ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED WATER AND/OR SEWER AND/OR SOLID WASTE METERS AND (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 (a) FROM SECTION 33-154 DUE TO THE INCLUSION OF THOSE I iI PROVISIONS IN OTHER SECTIONS, 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 Courtney, 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 Ambrisco, seconded by Courtney, to adjourn 10:10 P.M. The Mayor declared the motion carried unanlmously, 7/0, all Councilmembers present. l i' I -LI441 12A N MCDONALD, MAYOR ` MARIAN K. KARR, CITY CLERK i CITY COUNCIL RULES COMMITTEE May 2, 1989 RULES COMMITTEE: Meeting of May 2, 1989, 7:00 p.m. COMMITTEE MEMBERS PRESENT: Ambrisco, McDonald COMMITTEE MEMBERS ABSENT: None STAFFMEMBERS PRESENT: Karr, McElroy MAYOR'S YOUTH EMPLOYMENT PROGRAM Director Peg McElroy explained that the main reasons for making changes at this time was that it had been some time since the bylaws had been reviewed and it was necessary to make appropriate changes to better suit the delivery of the services through the employment program and the commission responsibility; and to have County appointments occur directly through the County. Both the City Attorney and Assistant City Attorney did review the aspects of the bylaws to bring them up-to-date. The Rules Committee recommends approval of the changes as outlined and attached. The City Clerk stated the minutes containing the recommendation of the adoption by the Rules Committee and a resolution adopting the amended bylaws will be prepared for Council action May 16. OTHER COUNCIL POLICY ISSUES Council Travel Policy Ambrisco noted Council policy regarding rotation of Councllmembers for trips, i.e. National League of Cities, because of concerns regarding Council budget. In the past three or four years it was noted that none of the Councilmember schedules permitted them to attend such conferences. Ambrisco raised a concern if all seven members would want to go at any one time. He suggested a written policy to clarify that the same individual doesn't go all the time and the Mayor goes to every one, if he/she chooses to, without question. McDonald stated an Informal policy was in place providing for the Mayor and no more than two other Councllmembers at any one time. McDonald said Council tried to make sure that different members got an opportunity to go. He noted discussions later that opened it up, if In fact more than two wanted to go Council said that would be allowed. Council felt the conferences were beneficial enough and N Council schedules permitted more than two to attend. Ambrisco noted the benefit, especially to new members. The City Clerk will review minutes and supply related Information to Council in an upcoming packet* Ambrisco suggested that the policy be Included in materials to new Councilmembers after each election, a.. Rules Committee May 2, 1989 Page 2 i Councilmember Attendance at Meetings Ambrisco noted that the Iowa City Charter did not reference attendance at Council meetings, and stated he would like to see something structured. McDonald questioned the legal options available. The City Clerk noted some communities pay Councilmembers by the meeting, if a Councilmember did not attend a meeting, they would not be paid for that meeting. Ambrisco said the Parks and Recreation Commission and the library Board have had problems in the past regarding attendance and bylaws reflected atter a number of consecutive absences that member was to resign. The City Clerk questioned possibilities available with respect to elected officials. McDonald noted that Councilmembers have to answer to the electorate if they don't show up. The Rules Committee requested a brief legal opinion on options available. The City Clerk will contact the Legal Department for an opinion. The Rules Committee requested the information be furnished to all Councilmembers in an upcoming packet for possible discussion. Meeting adjourned 7:15 p.m. ` *Minutes of informal discussion of February 13, 1984 attached. Policy re travel was never written. Some years ago there was a concern. regarding four council members constituting a quorum at such conferences. I I I I City Council Goal -Setting Session May 8, 1989 City Council Goal -Setting Session: May 8, 1989, 3:40 p.m., Council Chambers, Civic Center. Mayor John McDonald presiding. Councilmembers Present: McDonald, Horowitz, Ambrisco, Larson, Kubby, Balmer, Courtney. Staffinembers Present: Atkins, Helling, Karr, Smith, Cain, Davidson. Taoe-recorded: Reel 89.29, Side 1, 1 -END, Side 2, 1 -END; Reef 89-30, Side 1, t -END, Side 2, 1 -END. McDonald stated City Council received the goal -setting agenda outlining issues to be discussed. UDAG REPAYMENT: McDonald stated Council needs to decide what should be done with funds received from the UDAG repayment. Balmer asked if the commitment to economic development and the $80,000 allocation to ICAD would be continued. Balmer stated that the City should continue its support to ICAD. McDonald noted the City Council initially set up ]CAD and has been its primary supporter. Horowitz asked if the City has an economic development strategy. Atkins explained that at a previous goal -setting session, one of the issues raised was economic development and Council, at that time, stated their support for ICAD. Atkins stated the City plays a supportive role in economic development. Ambrisco stated that ICAD can keep confidentiality that most developers are seeking. Horowitz stated she does not understand the role ICAD plays in bringing in large companies versus retaining and expanding local companies and how the Council's role, as civic leaders, takes part in that. Horowitz noted concern regarding the support for existing businesses. Ambrisco emphasized that there is a lot of support for local businesses. Horowitz asked if a database exists with information regarding the status and health of local companies. Atkins said that information is private. Courtney stated there are only two or three businesses in town that are held publicly and privately held companies don't have to release information. Cain stated confidentiality is important. Cain explained ICAD does not have as its primary role, existing business retention and the Iowa City Area Chamber of Commerce has a committee that goes out and surveys existing businesses. Atkins stated the Chamber does have a fairly sophisticated existing industries council and an extensive survey of existing businesses was done one and one-half years ago. Horowitz questioned If Councilmembers are maintaining an existing strategy of reacting but getting involved individually. Council and staff discussed Iowa City's proactive versus reactive role as it relates to economic development; developing Clear Creek; BDI development; and the impact of the University of Iowa. Courtney stated he would like Iowa City to pay closer attention to companies ready to leave the University's incubator so that Iowa City could actively seek out those businesses. McDonald explained that several discussions about the City's role in economic development were held when ICAD was started. McDonald said that ICAD has the opportunity to accomplish things the City cannot do because the City operates in a public arena. Atkins said the City has to both regulate and facilitate. Larson said Iowa City is proactive in that Iowa City is a part of ICAD and it is a proper role for Iowa City to be reactive In certain areas, such as insuring the proper infrastructure is there, proper rezoning happens, etc. Larson said people need to be cognizant that most expansion and new jobs are from existing small businesses, the City should be sympathetic to expanding existing businesses, and the City Manager has been marvelous at striking a balance and accommodating new and existing businesses. Minutes City Council Goal -Setting Session May 8, 1989 Page 2 Kubby asked if a policy exists that states what type of industry Iowa City wants. Cain said that ICAD does have a statement in terms of pursuing industry that is compatible with the existing labor force and there is targeted industry. Horowitz stated that she needs an orientation. Courtney commented that Councilmembers are available to meet with prospective business persons. Cain stated that people interested in finding more out about Iowa City do not want a dog and pony show, but want to know what Iowa City has to offer. Balmer stated the City's position regarding its commitment to economic development should be continued. Ambrisco asked ff the Holiday Inn will be able to make UDAG repayments. Atkins stated the Assistant City Attorney will represent Iowa City in court and has filed the necessary paperwork. Atkins said economic development policy is still important in the long run. Council discussed the revolving loan pool and what type of businesses should receive assistance. Kubby stated she would prefer giving priority to businesses who look like they are going to be successful and work in this community, but would have trouble obtaining regular financing. Kubby suggested utilizing a percentage of UDAG for a revolving loan pool, a small percentage for grants to human service agencies for small projects, and a small percentage for capital improvement projects. McDonald raised concerns about Iowa City becoming a primary lender to entrepreneurs. Courtney said it would be a mistake to give a business that could obtain regular financing a priority. Ambrisco said there are businesses that should not receive financing because of poor management and under-capilalization. Larson stated Council should be conservative about how much money is put into the revolving loan pool; the City should look at the State's loan pool experience; and it would be a can of worms to give money to businesses that in effect were being unfairly given benefits in competition with other businesses. Kubby said affirmative action businesses are not a can of worms. Larson said it is a real can of worms to say that women are a category of people that should get preference in terms of starting a business. Horowitz said she agrees with the need for flexibility, but atfirmative action is a serious problem. Horowitz said there should be extra consideration given to those types of businesses that have not been able to get financing. Courtney stated all of the loan pool money should not be tied up in priority loans to small businesses. Courtney said businesses should be considered on their own merits. McDonald stated that whatever Council decides, it could be changed. Council agreed that a revolving loan pool should be established. Atkins said the City will receive approximately $220,000 of UDAG repayment money. Atkins suggested setting aside $40,000 annually for special projects and capital accumulation and $100,000 annually.for a loan pool. Courtney suggested using the $40,000 allocation as a loan pool to assist agencies needing building improvements. Patt Cain noted there are programs at the State level that target small businesses. Council discussed the revolving loan pool. Larson said a smaller amount of money should be allocated to the revolving loan pool and a larger amount should be put in. McDonald asked If a discretionary part of the UDAG repayment monies could be used to fund BDI Infrastructure. Atkins said those costs were going to be charged against the water and sewer fund. Atkins stated the City received $150,ODD settlement from negotiations with the Holiday Inn, $50,000 was spent for the Can Company loan, and $60,000 is earmarked for the Highway 1 project. Kubby stated it would be valuable to be able to have grant money available for human service agencies and CCN should be asked for recommendations regarding the use of the money. Council agreed to use UDAG repayment funds as follows: $80,000 for ICAD and Economic Development Coordinator; $40,000 for capital accumulation; and $100,000 for a revolving loan pool. Council agreed there should be broad policy positions established for the revolving loan pool and loan requests should be reviewed on a case-by-case basis. 2-/X Minutes City Council Goal -Setting Session May 6, 1989 Page 3 Council recessed 5:05 p.m. to 5:15 p.m. INDUSTRIAL LAND DEVELOPMENT - CITY SPONSORSHIP: Atkins asked if the City, as a public entity, should assemble land for industrial development purposes. Horowitz and McDonald emphasized the decision to expand for industrial development purposes would be a major long-term investment. Larson asked what else needs to be done other than annexing the land and zoning it for industrial. Cain explained it is more attractive to developers if you have control over the land and it is priced, platted and ready to go. Courtney asked what is the largest parcel available in BDI. Cain said there is a five, seven, and three acre parcels available in BDI. Balmer asked what up -front costs would be associated with expansion. Atkins said there are three property owners and there would be costs associated with contacting the property owners, optioning the land, soli borings, etc. Atkins said the expansion for industrial development purposes would be a dramatic change in policy and the City would take on an active role in industrial development. in response to McDonald, Atkins said this expansion would put the City in competition with BDI, but BDI only has 56 acres left. Ambrisco inquired about Airport property. Atkins said a memo had been prepared some time ago and sent to the Airport Commission concerning this issue. In response to Balmer, Cain stated Airport property includes a five to six acre parcel, 10 to 15 acre parcel, and a 15 to 20 acre parcel. Atkins said development of Airport property would create a different kind of use, different type of businesses and different traffic. Atkins noted there is no rail service. Ambrisco asked how ICAD and BDI boards would react. Atkins stated the City's expansion across from BDI would improve marketability of SDI's land. Atkins said if the City built an industrial park with only larger acreage parcels, it would attract a different kind of business than what Is now at BDI. Atkins noted the City does not have a large inventory of industrial land. Horowitz raised the question if expansion should be considered for a different area. Horowitz inquired about the impact of promoting southeast Iowa City versus southwest Iowa City. Atkins said he needs direction from Council regarding if Iowa City should become involved in a City -sponsored industrial land development assembly process. Atkins said expansion in the area east of Scott Boulevard is a natural extension. Ambrisco said the City should try to attract businesses compatible with what is already established, not automobile manufacturers, meat -packers, etc. Atkins stated an advantage of being a landlord is that you can price land accordingly to attract a certain type of Industry. Horowitz said the Impact of industrial development on Highway 6 and Highway 1 should be considered. Atkins stated those highways are State highways, designed as highways, and that Is where industry should be located. Councilmembers discussed traffic impact from development in the BDI area and development of airport property. Larson noted that if Council approved the proposed Wal-Mart development, the amount of land zoned for industrial will decrease. Balmer stated expansion to the east for industrial development is a natural, logical progression. Courtney requested information regarding the cost to purchase and develop the land. Atkins stated he can prepare preliminary Information on cost. Atkins said if Council agrees to pursue expansion for industrial development, he would like to spend UDAG monies to pay for preliminary work. Council agreed to proceed with the preliminary development of the industrial land development concept. Minutes City Council Goal -Setting Session May 8, 1989 Page 4 URBAN RENEWAL - 64-1A: Patt Cain stated Information was written to give Council a very clear understanding of the Larson stated he would like to hear every proposal. Horowitz stated the development Policy issues and any development would be allowed that is allowed by the mixed use zoning. should ance have a people and arts focus. Balmer stated private developers should be given the ch to provide imagination to a project. McDonald asked how the parcel will be marketed. Cain explained persons who have expressed an interest in the parcel and persons that are involved In the development of urban parcels will be contacted and an ad will be placed in the development publication. In response to McDonald, Cain stated contacts can be mailed out by June 1, then bids received in October, and plans could be finalized in January 1990. Larson asked if Council has to accept a certain development proposal. Cain explained Council has the right to refuse a proposal. Kubby stated parking and public space should be included in the development. Counciimembers discussed parking needs, specificity of the proposal, and price of the parcel. Council agreed to use the appraised price for the parcel. DOWNTOWN PARKING STUDY: Jeff Davidson stated Council received his memo regarding the parking study, Davidson stated the parking study tried to determine if there is currently enough parking in the downtown area and if there will be enough parking in the downtown area in five years. Davidson said the amount of parking needed depends upon Council's perspective of the downtown and use of the downtown area. Davidson stated he received different opinions regarding the amount of parking needed from parking study committee members (Atkins, Vitosh, Schmeiser, Cain, Fowler, Davidson). Davidson said 50% of the people going downtown are driving by themselves, 20% of the people going downtown are riding with someone else, 14% are walking, and 11 % are using transit. Davidson said the vitality of the downtown really does depend on the automobile and the provisions Council make for parking. Kubby stated people will use transit if there is not enough parking. Davidson stated if the amount of parking is restricted, people are not automatically going to use transit and the retail section will be hurt. Davidson explained social demographic changes that are occurring, such as the need by persons to use the automobile to take kids to and from daycare, are increasing the demand for parking. Davidson also noted the University of Iowa parking policies have a very large effect on the city parking facilities. Horowitz asked if a transit policy exists and 1f a companion transit policy should be developed along with the parking policy. Davidson said Council has given staff direction regarding the transit Issues, but there is not a specific written policy with regard to the operation of transit system. McDonald said a transit policy existed In 1982. Davidson stated there is parking available downtown - on the average weekday the ramps are 60% full and the parking lots are 75 to 100% full. Davidson explained there is a three to six month waiting list for lot or parking ramp monthly permits. Davidson noted the excess parking spaces being reserved for Holiday Inn, short-term shoppers, and the need for other parking when Parcel 64-1A is developed. Ambrisco noted the City would lose 77 parking spots located at the old library. Davidson stated it was projected that In five years there will be a need for 300 more parking spaces in addition to what now exists. In response to McDonald, Davidson said that future demand Is for long-term parking. Staff and Council generally discussed downtown parking needs and transit. .E_I�e Minutes City Council Goal -Setting Session May 8, 1969 Page 5 MEETING SCHEDULE: Council agreed to schedule another goal -setting session on May 23, 1999, at 4:30 p.m. The meeting adjourned at 6:35 p.m. Informal Council Session May 15, 1989 Informal Council Session: May 15, 1989, 7:05 p.m., in the Council Chambers. Mayor John McDonald presiding. Councilmembers Present: McDonald, Ambrisco, Horowitz, Balmer, Kubby, Larson, Courtney (8:20 p.m.). Staffinembers Present: Atkins, Timmins, Karr, Franklin, Schmelser, Helling, Schoenfelder. Tape-recorded: Reel 89.31, Sides 182, all; Reel 89.32, Side 1, 1-155. CONSENT CALENDAR: Reel 8931, Side 1 Council agreed to add to the Consent Calendar of the May 16th meeting a motion approving a Class C Beer Permit for Wareco, 826 South Dubuque Street, and a motion approving a Class C Liquor License for Linn Street Cafe, 121 North Linn Street. PLANNING AND ZONING MATTERS: Reel 8931, Side 1 A. 1 Schmeiser stated this is a public hearing on an amended OPDH plan for Summit Place; a plan, submitted by AI Wells, was approved for the site which would have allowed for nine condominium units; and this is a revision, submitted by Mike Hodges, of that plan which would provide for seven condominium units in two buildings. Schmelser explained the principal difference between the AI Wells plan and this plan is the orientation of the buildings; the open spaces oriented toward the interior in the AI Wells development and the open spaces oriented to the exterior in the plan by Mike Hodges. Schmeiser explained most, objections to the development has been eliminated by offsetting the building at the corner back 42' and offsetting two of the units another 20' back from Marcy Street. Schmelser noted John Dyson (637 Kirkwood) had strong objections to the location of the private drive. Horowitz asked If the private drive is directly opposite Dyson's drive. Schmeiser stated the driveway is close and Dyson's concern was that it was opposite his house. Councilmembers discussed the proposed development. Larson noted that neighbors may not know what the development choices are. Horowitz said that everyone would like a park. In response to Balmer, Schmelser said the Planning and Zoning Commission gave unanimous approval and objections to the development had diminished considerably by changes that have been made by Hodges. Kubby asked If there are still objections to the 90 degree curve. Schmeiser said the radius of the curve has been expanded and it now meets with the Fire Chief's approval. Horowitz noted both developers have gone the extra mile in terms of getting the neighbors involved. Larson asked what will be done to the existing structure. Schmelser stated the existing structure will be removed. Schmelser said hems 4 through 9 of the conditions dratted by City staff refer to the placement of a plaque and placement of a bench to give recognition to the historical significance of the property. Schmelser said the City would purchase a park bench and perpetually maintain the bench at that site. Minutes Informal Council Session May 15, 1989 Page 2 F1 C. D. E. Schmelser noted there is a request to expedite action; however, it is Council's policy to not give first consideration to an Rem the same night of the public hearing where there has been some concern. McDonald stated Rem B can be deferred. Schmelser Indicated this Rem would be discussed later by staffinember Franklin. Schmelser presented a plat map and stated the request for rezoning is from an ID -RM zone to an RS -5 zone. Schmeiser stated 22 acres are involved in this rezoning request, but there are only ten acres that need to be rezoned. Schmeiser stated that this is not viewed as an amendment to the Comprehensive Plan because the Comprehensive Plan does allow for some flexibility at the edges of the designated land use patterns. Schmeiser explained that in this case the land west of the existing Pepperwood Addition was originally designated as ID -RM In the Comprehensive Plan because, in 1983, the proposed sewage plant was to be located along South Gilbert Street. Ambrisco asked R the parcel can be developed with an ID -RM designation. Schmelser stated the ID - RM zoning does permit single-family residential development at five acres per lot; however, the intent of the zone Is to keep it In a pattern zone to hold the land for development until such time the Infrastructure can be extended to the area to allow it to be developed in an urban density. Balmer asked what major trunk line serves the area. Schmeiser stated the south side sewer serves the Pepperwood Addition and comes back through to Gilbert Street at Highway 6 Bypass. Horowitz inquired about the plat note regarding Birch Street/Pepper Drive. Schmelser explained the centerline of Pepper Drive intersects the centerline of Birch Street between the horizontal angle of 80 degrees to 100 degrees. Kubby Inquired about the lot smaller than minimum lot sizes. Schmelser explained for a subdivision of two acres or larger In the area, the lot size may be reduced to less than 8,000 square feet, but no less than 7,200 square feet to allow for an average gross density of five dwelling units per acre in the subdivision overall. Kubby asked why the developer prefers lot lines that aren't straight. Schmelser stated that Issue has been resolved In the plat. Kubby inquired if the cul-de-sac design referred to in the staff report, page 5, is an exception to the City's Subdivision Regulations. Schmelser stated the cul-de-sac design regulations will be changing. Schmelser Indicated this Rem would be discussed later by Staffinember Franklin. I /'15� Minutes Informal Council Session May 15, 1989 Page 3 F. ORDINANCE TO REZONE APPROXIMATELY 28 ACRES ALONG HIGHWAY 1 WEST FROM 1-1 TO CC -2 (Joseph Company). Schmeiser indicated this Item would be discussed later by Staff nember Franklin. G. ORDINANCE TO REZONE A.48 ACRE PARCEL OF LAND LOCATED AT SIXTH AVENUE AND H STREET FROM RS -8 TO RS -12 (Robert Wo81. Schmeiser indicated this Item would be discussed by Staffinember Franklin. Franklin presented the remainder of the items. C. PUBLIC HEARING ON AN ORDINANCE TO REZONE A PORTION OF VACATED HOLLYWOOD BOULEVARD RIGHT-OF-WAY TO C04 (COMMERCIAL OFFICE. i Franklin referred the draft to the conditional zoning agreement In the Council packet and noted a signed copy had been received by the City. She noted the agreement related i to access and that 9 this parcel is developed commercially the access would only be j from Broadway. H. J. Franklin stated this is the one -lot subdivision that is required to create the piece of land that the City will exchange with Southgate Development for the vacated Hollywood Boulevard right-of-way. RESOLUTION AUTHORIZING CONVEYANCE OF A PORTION OF VACATED HOLLYWOOD BOULEVARD RIGHT-OF-WAY TO SOUTHGATE DEVELOPMENT THROUGH A LAND EXCHANGE. Franklin noted Councilmembers received the draft agreement and staff will present a signed agreement at Council's formal meeting. Franklin explained there have been changes In the agreement, including elimination of the first paragraph which restricted the use on that property and relating to maintenance of the dralnageway. Franklin stated the City has agreed to clean out the dralnageway at the time Southgate Development does their grading. Franklin noted trees will remain on the north side of the creek to create a buffer between this parking lot and Frantz Apartments on Hollywood Boulevard and the Coronet Apartments on Highway 6. In response to Larson, Franklin stated that any commercial development on the site can only have access to Broadway as outlined in the conditional zoning. ORDINANCE TO REZONE A 19.800 SQUARE FOOT PARCEL ON THE WEST SIDE OF BROADWAY STREET FROM RM -12 TO P/RM-12. No Council comment. Minutes Informal Council Session May 15, 1989 Page 4 K E. F. G. L M. Franklin noted that it is Important that these Items occur from H through J in the order that they are on the formal agenda. Franklin stated if Council should vote 'no" on the Comprehensive Plan Amendment, the zoning question becomes mute. 9 Councilmembers should vote -yes' on the land use change, the question then becomes is CG2 zoning and the Conditional Zoning Agreement before you the appropriate zoning for this piece of property. Horowitz asked If the Joseph Company will raise the level of the land. Franklin explained the property is in the floodplain and Westport Plaza will require fill. Franklin stated that since the water detention basin is going to be built on the southerly part of the site, some of that excavation fill could be moved to the north part. Horowitz inquired about the DNR Impact statement. Franklin stated the City Code has floodplain regulations that are modeled after the DNR ordinances. See above hem E. Schmeiser stated this is to bring three existing duplexes into compliance with the Zoning Ordinance. Schmeiser noted that these subdivisions were approved by the Planning and Zoning Commission in July 1988 and recommended for your approval. Kubby asked if any special development considerations were going to be given with regard to how steep the land is. Schmelser said no. Kubby stated this is another Instance where environmental regulations are needed, Balmer inquired about the safety considerations on Prairie du Chien Road as noted In the staff report, page 3. Schmelser stated they are noted as a stipulation on the plat. See Item L above. _- 15' Minutes Informal Council Session May 15, 1989 Page 5 BELLE AND BREEZE OFFICE AND APARTMENT PROJECT: Reel 89-31, Side 2 Architect -Kevin Monson presented drawings of the proposed development. Monson stated it is hoped to develop the parcel in a concept and manner that would be fitting with the site and the City's plans for a viable downtown area. Monson stated the final concept Includes two structures that face Linn Street and would be connected at the lowest level by an office complex. Monson stated the development Includes an underground parking area, an office area, and three floors of apartments. Monson noted the front will be an all brick exterior. Monson noted the apartment complex would appeal not only to the students, but also to the young professional, retired persons, or University staff. Monson stated there will be one- and two-bedroom units. Monson explained the design Includes 42 car spaces in two basement areas. Monson noted the Dubuque Street ramp and street parking on Linn Street can be used for additional parking. Monson stated the area south of the downtown is a logical area to expand and the project has merit. Monson stated it Is critical for the success of office space to be located at the Linn Street level and timing Is also critical to meet a leasing schedule. In response to Horowitz, Monson stated typical bedroom size is 10'x12'. Kubby raised concerns about sufficient parking space. Monson stated that if the City is going to have a compact and dense city center, there needs to be provided parking other than surface lots. Monson noted that for every square foot of office space, a square foot of parking lot is needed. Ambrisco asked if the development is based on the premise that the area will be rezoned to central business. Monson stated he hopes Council will see the benefit and merit of the project and make amendments necessary to allow the project to be built. In response to Ambrisco, Schmelser said staff has reviewed the proposal. Horowitz asked ff there is any potential for this building to be tied into a storage area for cars. Mr. Belle stated the objective of the development's leasing will be to attract people who do not own cars. Horowitz stated there should be some way of tying it Into an outlying satellite facility for cars not being used. Larson asked if the City has the legal ability to require that a certain number of apartments be leased to people who do not have cars. Schmeiser stated there has to be a certain number of parking spaces provided per unit. Ambrisco asked If persons would have to pay extra rent to park inside. Mr. Breeze said parking inside would be a differential rate. McDonald noted that there may be repercussions in the community If Council so chooses to amend the parking requirements. Schmelser stated City staff looked at the proposal and fell the development was the sort of thing that staff would like to have south of Burlington Street, but there is no way the development can be done unless there are considerations given to reducing or eliminating the parking requirement. Schmelser noted the CB -10 zone does not require parking for commercial establishments or apartments. Schmelser stated that he believes the vitality of downtown and its continued expansion depends a lot on the increased Intensity of development, not only In the downtown Itself, but in areas south of downtown. Kubby stated the City will have to provide parking at some point. Councilmembers and staff discussed parking needs. Horowitz asked if it was possible In the development concept to have two layers of parking. Monson stated It was probably not financially feasible. McDonald inquired about the project's timetable. Monson stated it is hoped to start construction this fall. Monson noted that site plans, soil borings, and the engineering have been done. McDonald stated a Council goal -setting session has been scheduled for next week and the parking Issue and the area south of Burlington Street Is scheduled for discussion. 1—/� Minutes Informal Council Session May 15, 1989 Page 6 Larson referred to the Planning Department 5/5 letter (Included in the Council packet), second paragraph, regarding parking. Schmelser stated staff has concerns about parking being at ground floor level and would prefer all of the ground floor area be devoted to office use for i uses permitted in the CB -2 zone. POLICE/FIRE FACILITIES ADDITION: Reel 89.31, Side 1 Staffmember Schoenfelder presented information and site plan to Councilmembers. Schoenfelder explained the project will bring the building up to Code, make it handicapped accessible, and meet fire safety standards. Balmer inquired about the possible joint communications area. Atkins stated that there will be room enough for a central communications center h a joint dispatch facility is not established With the County government. Staff and Councilmembers reviewed the site plan. Schoentelder noted that changes will secure all the communication and records area. Atkins emphasized that plans are to keep everything operational during the building process. In response to McDonald, Schoenfelder said the project will take eight to nine months. Ambrisco asked what i the project will cost. Schoenfelder stated the base bid was $765,000 with $95,000 of add- ons. Schoenfelder explained add-ons Include a dean -up area, restroom, changing of floor plan, a library for the fire department, evidence locker, garage exhaust system, and deck area. Ambrisco asked If input has been received from the Police and Fire Department. Schoenfelder said it had been reviewed by both departments. Council directed staff to proceed with the project. Atkins noted the new Police Chief, R.J. Winkelhake, will be in Iowa City on Friday, May 19. COUNCIL TIME/AGENDA: Reel 89-31, Side 2 1. (Agenda hem No. 20 - Taxation and Revenues... amending Sections 32.1-55 and 32.1- 73 ... water service charges and fees) Timmins stated an amendment in the Water Utility Ordinance Is needed because one of the descriptions of a fee is Inaccurate. Timmins explained a connecting fee for resetting service will be changed to read service fee for resetting a reading meter or restarting service. 2. (Agenda hem No. 17 - Consulting services with economic and engineering services ... for Iowa City's wastewater collection and treatment system) Horowitz referred to the Agreement, page 2, Scope of Services (D), and asked If there is potential need for a local firm to do consulting work. Timmins stated that would be done by a separate contract with EEF. Horowitz stated that the estimated budget does not account for potential from a local contractor. Timmins stated he is not sure how much data collection work needs to be done and it may be something that the City would be better off hiring a local firm to do. Horowitz stated there should be an estimate. Horowitz referred to Attachment A, page 2, Scope of Services, C., Classification of Rate Base and Expenses. Horowitz stated that one of the scenarios in the terms of solid waste management is selling sludge and the City should Include as many of the potential revenues as possible. Horowitz referred to page 5, #3, regarding the University's major connections. Horowitz Minutes Informal Council Session May 15, 1989 Page 7 ! asked how the City accounts for the University's rental facilities that are not connected to the University. Atkins stated the City has approximately 50 accounts with the fUniversity and has all the information related to those accounts. Horowitz Inquired about item 10 regarding major customers' capital expenditures. Horowitz stated it would be the City's advantage to find out any other major customers that have capital expenditures. Timmins stated this is an Initial request and is not all the data they are going to be looking at. Horowitz noted that the amount of capital expenditures by major customers should be noted. 3. Balmer referred to Parks & Recreation Commission minutes and inquired about the purchase of a Vee spade. Atkins explained the City purchased a tree spade to remove trees off the Kroeze property. Atkins noted it was cheaper to purchase the tree spade and do the work. 4. Balmer referred to the Parks and Recreation Director memo of 5/4 regarding Harrison j Hill Park. Atkins stated persons representing the request to change Harrison Hill Park name will be present at Council's formal meeting and there are a variety of ways to dedicate that park. 5. Atkins announced Fire Chief Larry Donner has received a Harvard Fellowship to the JFK School of Government Senior Executive Program for State and Local Officials. Atkins l noted the Fellowship was in the amount of $6,300. 6. Horowitz stated the Public Works Department should be commended for opening Riverside Drive so quickly. APPOINTMENTS: Reel 89-31, Side 2 Mayor's Youth - Jerry Sullivan EXECUTIVE SESSION: Moved by Ambrisco, seconded by Balmer, to adjourn to executive session to discuss strategy with counsel in matters that are presently In litigation or where litigation is Imminent where Its disclosure would be likely to prejudice or disadvantage the position of the governmental body In that litigation (sewer construction/acquis8lon of Lenz property). Affirmative roll call vote unanimous, 7/0, all Counciimembers present. The Mayor declared the motion carried and adjourned to executive session, 8:45 p.m,