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HomeMy WebLinkAbout1989-06-13 Council MinutesI Informal Council Meeting May 30, 1989 Informal Council Meetinc: May 30, 1989, 6:45 p.m., Civic Center, Councilmembers Present: McDonald, Larson, Courtney, Ambrisco, Horowitz, Kubby, Balmer Staffinem�PreSent: Karr, Schmeiser, Timmins, Atkins, Helling, Vitosh, Cain. Tape-recorded: Reel 89.32, Side 1, 155 -END. PLANNING AND ZONING MATTERS: Reel 8932, Side 1 A. 0 C. Schmeiser explained this would vacate a portion of Lafayette Street immediately west Of Gilbert Street and that portion of Lafayette Street abutting Parcel C. Schmeiser stated the Freemans wish to eventually acquire the land from the City to construct an office building at the northwest corner of Gilbert Street. In response to Kubby, Schmeiser said the City hopes to sell the Lafayette Street right-of-way in conjunction with Parcel C. Schmeiser explained action is required to approve the amended OPDH plans for three of four lots located Immediately east of Oberlin Street; to rezone one lot south of the three lots from RM -20 to OPDH-8; and to rezone a lot across the street from the four lots from RS -5 to OPDH. Schmeiser said the RS -5 zoned lot is presently a stormwater detention basin which should be brought Into the Oberlin development and maintained by the developer of the tract. Schmeiser noted the development would be required to submit a LSNRD plan. Kubby inquired about traffic, Schmeiser stated there are always traffic concerns whenever a multl-family or condominium is proposed. Schmeiser explained property owners along an Interior walkway easement wish to vacate one of the Interior sidewalks being proposed in the development. Minutes Informal Council Meeting May 30, 1989 Page 2 E. F. Schmelser explained this is land the City agreed to exchange with Southgate Development for the Broadway Street property that will house the proposed neighborhood center. Schmelser said the zoning is a conditional zoning agreement that would require that any office development located on this site have access to Broadway Street. No Council comment. Schmelser stated Council received a summary report submitted by the Planning and Zoning Commission setting forth their findings for the approval of the proposed plan. Kubby asked N the location of the mailboxes has been changed. Schmeiser said they have been narrowed and moved slightly. Kubby said a plaque and bench are not enough of a historical marker. Horowitz said this will also be part of the Governor's Walk. Horowitz explained Developer Mike Hodge also tried to save the facade. Larson asked what the pros and cons of saving the facade are. Schmelser explained consideration was given for a new development and not to the preservation of the existing structure. Schmelser said the structure is in a dilapidated state and the brick and Iron fence are being preserved. Developer Hodge stated it is his Intention to try to save the facade and to keep the nature of the area, In response to Larson, Hodge said the facade would be visible from Kirkwood. Hodge noted he is Intending to keep the garden area. Schmelser explained this is a conditional zoning agreement requiring certain amenities from the developer for both on and off-site. Horowitz discussed the need for lighting/signalization at the second entrance. Kubby asked who would pay for the signalization. Larson asked if the City can tie the developer now to pay for the expenses of any future development of that secondary access. McDonald said it has I Minutes Informal Council Meeting May 30, 1989 Page 3 I H. been done before. Schmelser said if Council changes the conditions for rezoning, they would have to go back through the public hearing process. Atkins said it would be adequate If the developer would be willing to send a letter indicating he would provide the City their share for signalizatlon. Council agreed staff should proceed to get some type of commitment from the development, and noted a problem already exists prior to this development in the area. Atkins said the costs usually are divided up amongst a number of property owners. Ambrisco asked what types of screening can be used. Larson said earth berm is an option and neighbors should be Involved. Ambrisco asked if there are plans to make an access cut onto Rochester. Schmelser explained the fifth lot would access onto Rochester and when the land immediately west of this addition is developed, the City would require the extension of Windsor Court to Intersect with Seventh Avenue. Kubby asked if the slopes are steep enough that they would be affected by the new subdivision ordinance. Schmelser said they possibly could be. Balmer inquired about access to the subdivision. Schmelser said access onto Lower West Branch Road and Amhurst Street. Balmer said 60 houses are a lot of houses on the tract of land, Schmelser said the lots must meet the minimum lot size requirements and staff had concerns regarding traffic exiting directly onto Rochester Avenue. Schmelser said 39 lots will front on a cul-de-sac that connects directly with Rochester Avenue. Kubby Inquired about the sewers. Schmelser explained the development will access existing sewers south from this addition; however, if the land to the east of Scott Boulevard is ever annexed, then it would be more appropriate that the sewers connect to the development to the east. AGENDA ITEMS 1) Timmins explained the resolution was revised primarily to Include the values of the acquisitions in the exhibit attached. Timmins explained the project requires that the City Minutes Informal Council Meeting May 30, 1989 Page 4 2) either have all the properties bought or have the condemnations scheduled by June 27. Timmins said there is a possibility the City cannot meet that deadline and would need to pay the costs of the land acquisition until spring. Timmins said he assumes the money will still be available. Regarding the Central State Can Company Industrial Revenue Bond Sale (Michael Development), Kubby asked if they are required to give something back to the city. Vaosh explained the City has never required a company give something back to the City, but they have had to justify that the project serves a public policy or a public good as justification for receiving funds. Cain noted the City can no longer give Industrial Revenue Bonds for anything except industrial development. (hem No. 17) The meeting adjourned at 7:25 p.m. , j I i i i j Minutes Informal Council Meeting May 30, 1989 Page 4 2) either have all the properties bought or have the condemnations scheduled by June 27. Timmins said there is a possibility the City cannot meet that deadline and would need to pay the costs of the land acquisition until spring. Timmins said he assumes the money will still be available. Regarding the Central State Can Company Industrial Revenue Bond Sale (Michael Development), Kubby asked if they are required to give something back to the city. Vaosh explained the City has never required a company give something back to the City, but they have had to justify that the project serves a public policy or a public good as justification for receiving funds. Cain noted the City can no longer give Industrial Revenue Bonds for anything except industrial development. (hem No. 17) The meeting adjourned at 7:25 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, Schmeiser, Helling, Schoenfelder. Tape-recorded: Reel 89-31, Sides 182, all; Reel 89-32, Side 1, 1-155. CONSENT CALENDAR: Reel 89-31, 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, 828 South Dubuque Street, and a motion approving a Class C Liquor License for Unn Street Cafe, 121 North Unn Street, PLANNING AND ZONING MATTERS: Reel 89.31, Side 1 A. PUBLIC HEARING ON AN ORDINANCE APPROVING AN AMENDED PRELIMINARY PLANNED DEVELOPMENT HOUSING (PDHI PLAN FOR SUMMIT PLACE A 1.69 ACRE DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF KIRKWOOD AVENUE AND MARCY STREET (S� Schmeiser stated this Is a public hearing on an amended OPDH plan for Summit Place; a plan, submitted by At 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 (837 Kirkwood) had strong objections to the location of the private drive. Horowitz asked if the private drive Is directly opposite Dyson's drive. Schmelser stated the driveway is close and Dyson's concern was that it was opposite his house. Councitmembers 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, Schmeiser 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 stilt objections to the 90 degree curve. Schmelser 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, Schmeiser stated the existing structure will be removed. Schmelser said Items 4 through 9 of the conditions drafted 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. Schmeiser 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 J C. a E. Schmeiser noted there is a request to expedite action; however, it is Council's policy to not give first consideration to an Item the same night of the public hearing where there has been some concern. McDonald stated item B can be deferred. Schmeiser indicated this item would be discussed later by staffinember Franklin. Schmeiser 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 Pian 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 If the parcel can be developed with an ID -RM designation. Schmeiser 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 Streel/Pepper Drive. Schmeiser 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. Schmeiser 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. Schmeiser 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. Schmeiser stated the cul-de-sac design regulations will be changing. Schmelser Indicated this Item would be discussed later by Stalfinember Franklin. Minutes Informal Council Session May is. 1989 Page 3 F. G. C. Schmelser indicated this item would be discussed later by Staffmember Franklin. Schmeiser indicated this item would be discussed by Staffinember Franklin. Franklin Presented the remainder of the items. 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 to access and that if this parcel is developed commercially the acces from Broadway. s would only be 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 vaca Boulevard right-of-way. ted Hollywood J. 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 drainageway. Franklin stated the City has agreed to clean out the drainageway 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. No Council comment. Minutes Informal Council Session May 15, 1989 Page 4 K. E. 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. If Councilmembers should vote 'yes" on the land use change, the question then becomes is CC -2 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. F. ORDINANCE TO REZONE APPROXIMATELY 28 ACRES ALONG HIGHWAY 1 WEST FROM 1-1 TO CC -2 (Joseph Company). See above Item E. G. Schmeiser stated this Is to bring three existing duplexes Into compliance with the Zoning Ordinance. L. RESOLUTION APPROVING THE PRELIMINARY PLAT OF BRIAR RIDGE SUBDIVISION PARTS II AND III, AN APPROXIMATE 34 ACRE, 16 -LOT RESIDENTIAL SUBDIVISION GENERALLY LOCATED EAST OFTHE CORALVILLE RESERVOIR ON PRAIRIE DU CHIEN ROAD, APPROXIMATELY TWO MILES SOUTH OF IOWA CITY (8-8825) 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. Schmeiser said no. Kubby stated this is another Instance where j environmental regulations are needed. Balmer inquired about the safety considerations on Prairie du Chien Road as noted In the staff report, page 3. Schmeiser stated they are noted as a stipulation on the plat. M. RESOLUTION APPROVING THE FINAL PLAT OF BRIAR CIRCLE SUBDIVISION PART II. A 1.1AnA AMP RJ (IT al 1061 0CCInC),rr1A1 al lonli/Ioinki /o enn.% See Item L. above. 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, Schmeiser said staff has reviewed the proposal. Horowitz asked if 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. Schmeiser stated City staff looked at the proposal and felt 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. Schmeiser 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. 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. Schmeiser 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 uses permitted in the CB -2 zone. j POLICE/FIRE FACILITIES ADDITION: Reel 89-31, Side 1 r $ Staffinember 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 if a joint dispatch facility Is not established with the County government. Staff and Councilmembers reviewed the site plan. Schoenfelder noted that changes will secure all the communication and records area. Atkins emphasized t that plans are to keep everything operational during the building process. In response to 1 McDonald, Schoenfelder said the project will take eight to nine months. Ambrisco asked what the project will cost. Schoenfelder stated the base bid was $765,000 with $95,000 of add- ons. Schoenfelder explained add-ons include a clean-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 Item 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 Item 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 University 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 tree 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 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 noted the Fellowship was in the amount of $6,300. 6. Horowitz stated the Public Works Department should be commended for opening Riverside Drive so quickly. APPOINTMENTS: Reel 89.31, Side 2 Mayor's Youth - Jerry Sullivan EXECUTIVE SESSION: Moved by Ambrisco, seconded by Balmer, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is Imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body In that litigation (sewer construction/acquisition of Lenz property). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and adjourned to executive session, 8:45 p.m. OFFICIAL COUNCIL ACTIONS - 5X/69 The cost of publishing the following proceedings and claim$ Is $ Cumulative coat for this calendar year for told publication Is $ lava Clry Council, rag. meg., 7:30 p.m, at the Civic Center. Mayor McDonald presiding. Councllmembom present: Ambrlaco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None, The Mayor proclaimed June 7, 1989 as TIBET DAY. The Mayo rated that Mem 3c(5) approving a Class 'B' Beer Permit for Iowa City Tennis d Forms Carter would be deleted from the Consort Calendar and voted upon separately. Moved and seconded to amend is Consort Calendar and accept a latter from Joan Hood, 26 Rocky Shore Drive, concerning possible noise from outdoor service area (hem 3c(9)). The Mayor declared the motion canted, Moved and seconded that the following name and recommendations In the Consent Calendar be recoNod, or approved, and/or adopted as amended: Approval of OfBoW Actions of the regular mooting of 5/160, as published, subject to correction, as recommended by the City Clark. Minutes of Boards and Commissions: City Council GoeFSesing Session 5/8; Design Review Comm. 5/8, op. meg. 5/17; Ed. of Adjustment - Will; Sr. Center Comm. - 4/4; Airport Comm. - 4/19; Human Rights Comm. - 4/24; Interim Ed. of Directors of the NPO -5/9. Permit Motlons: Class A Liquor License for V.F.W., Le Roy Weekes Post #3949, 609 Highway 6 By -Pass. Class E Beer Permit for Kum i Go #422, 513 S. Riverside Drive. Class C Beer Permit for Sinclair Retail Station A Convenience Store, 732 S. Riverside Drive. Special Class C Beer/Wlne Permit for Pizza Hut, 127 Iowa Avenue. Class C Liquor LNxrae for V.C.'s Lounge, Ud., 1578 First Avenue. Class C Liquor License for The Airliner, 22 S. Clinton Street. Class C Liquor license for Jima'% 819 tat Avenue. Outdoor Service Area for The Wig and Pen , 1210 Highway 6 West Resolutions: RES. 89.113, ACCEPTING THE WORK FOR THE U.S. 6 AND KEOKUK STREET INTERSECTION IMPROVEMENT PROJECT. Correspondence: Ginalie and Jim Swaim regarding melon of eonxrrr W space on Jefferson Street. Sandra Eakin regarding proposed mooing south of Mercy Hcepltal from Residential to CO.1. Marlarm Michael OPBS kg oppoehbn to WaMert locating In Iowa City. Memo from the Finance Department gNkp notice of ktent 10 purchase equipment. Mena from the Ta010 Erhgr, to: (a) Perking prohibition on the wast aide of the 10 block of South Unn Street (b) Parking Ibltion on the sash side of Nevada Avenue at Its Imo ion with Union Road. (c) Parking prohibhic on the west of Unn Street at Its Intersection with Harrison Street. Memo from the Civil Sella Commission submitting a cenif ed Ilse of applicants for the position of Fire Captain - Fife Department. Applications for the Use of Streeb and Public Grounds: Ed Arendsod to hold the Iowa City Public Library Run on 6/4/89 at 11:00 am., approved, Residents Of Swat Court for permission to close the street for a neighborhood picnic on 3118/89, approved. Michael Burkrt for permission to clue Cardiff Circle for a neighborhood picnic on 5/!8/89, approved. Applications dor City Plaza Use Permits: Latin American Human Rights Advocacy Carter for permission to sal up a table from which to distribute literature and Offer craft items for donations, 6122-31/89, approved. I Official Actions May 30, 1989 Page 2 Moved and Seconded to adopt the motion approving a Class W Beer Permit for Iowa Cay Tennis 6 Fttness Comer, 2400 N. Dodge. The Mayor declared the motion contact. Moved and seconded to sat a public hearing for 6/13/69, on an ordinance to vacate that potion of the Lafayette Street dght-of-way generally located between the easterly dght-d-way line of the north -south alley between Dubuque -Street and Ralston Creek and that portion d the Lafayette Street rlghtaf- way Immediately west of its Intersection with South Gilbert Street. The Mayor declared the motion carried. Moved and seconded to set a public hearing for 6/13/89, on an ordinance to approve Oberlin Estates, a preliminary and final Planned Devoloomem Housing (PON and a Large Scale Residential Development (LSRO) pian to rezone Lots too and 106 of Court HIIIScctt Bmditwd Additions from RM -20 and RS -5 respectively to PDH8. The Mayor declared the motion canted. Moved and seconded to set a public hearing for 6/13/89, on an ordinance to vacate a public walkway easement located between Las 26, 27, 46 and 47 of Pepperwocd Addition, Part 2 The Mayor declared the motion carried. Moved and seconded that the rub 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 consideratlon be given at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance to zone a Ration of vacated Holywood Boulevard right -d -way to CO -1 (Commercial Office), be given second vete for passage. The Maya clKluW the motion curled. Moved and seconded that On ordinance changing the use regulations of certain property generally located south Of Hilltop Mobile Home Park and west of existing Pepperwood Additions development on Sandusky and Pepper Drives Wended from ID -RM to RS -5, be given first vote for passage. The Mayor debkred the motion contact. Moved and seconded that the ordinance approving an amended preliminary Planned Development Housing (PDH) plan for Summit Plea, a 1.69 sae development located at the southeast corner of the Itirkwood Avenue end Mercy Street Intersection, be given first vote for passage. The Mayor dw4o ed the motion carried. Moved and seceded to accept carespadence from Judy Nyren, 1219 Ginter Avenue. The Mayor declared the motion curled Moved and seconded that the ordinance to rezone approximately 28 acres along Highway 1 West from 1.1 to CC - 2, be given second vote for passage. The Mayor declared the motion carded, Moved and seconded to accept correspondence from Steve Reschy, 345 MacBride. The Mayor declared the motion carried. Moved and seconded to adopt RES. 89.114, APPROVING THE PRELIMINARY PLAT OF HIDDEN VALLEY SUBDIVISION, A 1.90 ACRE RESIDENTIAL SUBDIVISION LOCATED ON AND NORTH OF ROCHESTER AVENUE AND ON WINDSOR COURT EXTENDED. Moved and seconded to adopt RES, 89.115, APPROVING THE FINAL PLAT FOR ROCHESTER HEIGHTS, AN 18.24 ACRE, MLOT RESIDENTIAL SUBDIVISION LOCATED BETWEEN ROCHESTER AVENUE AND LOWER WEST BRANCH ROAD AND BETWEEN SCOTT BOULEVARD AND AMHURST STREET. Official Actions May 30, 1999 Papa 3 Leonard Ysppy, 640 SL AnrWs Drive, appeared to s problem with an animal alter closing hours at the Animal Shatter and Police response, and requested Ase6 City Mgr. Hailing read kto the record a War from lows Department of Agriculture end Lend Stewardship to a complains filed by Mr. Peggy against commercial application of pestkkfes to his neighbor's property. The following kdlvlduab appeared opposing One rezoning request submitted by Joseph Cornparry for Westport Plaza (W"art): Caroline Malaria, 727 Walnut; Jim Folk, 1241 Oakes Drive; Anne Tucker, 1425 Oaklawn; Kathy Folk, 1241 Oakes Dress; and Charles Pollack. Mary Goes", 53 Repel Lane, Senior Center Commission member updated Council on May SCL"Wa ,t the Censer. Don McCormack 305 Tall Speedway, noted previous Council caskleradon of a development along Oe Engin tract and the fad to N any development were tint propsq owned by neighbors they would be aa+aseW for the 10MMOmens, and requested Council consider a change in that polity. A public hearing on plans, specifications, form Of contract and estimated Coat for the Central States Can Co./Sligan Corp. Rail Spur RapRR69(5)-STS2 Moved and seconded to adopt RES. 69.116, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE CENTRAL STATES CAN CO./SILGAN CORP. RAIL SPUR RAP-RR89(5)-9T-52 PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FDONG TIME AND PLACE FOR RECEIPT OF BIDS, for June 20, 1989, at 10:30 a.m A public hearing was held on per, SPOICIficallim, form of consrad and estimate of eves for the Civic Censer/Pblice and Fire Departments Expansion and Remodeling ProjacL Moved and seconded to adopt RES. 89.117, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CMC CENTER POLICE AND FIRE EXPANSION, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PUKE FOR RECEIPT OF BIDS, for June 29, 1989, at 10:30 am. A public hearing was held on FY89 Operating Budget Amancimat Moved tnd seconded to adopt RES. 69.118, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR .ENDING JUNE 30, 1969. A pubic hearing was hell On FY89 Capital Projects Fund Budget ArterWment. Moved and seconded to adopt RES. 89.119, ADOPTING THE CAPITAL PROJECTS FUND BUDGET AMENDMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1989. The Mayor announced the following vacancy: Bd. of Adjustment- one vacancy for an unexpired term ending 1/1/90. This appolrer ens will be made at the 7/11189 meeting of the City Council. Moved and seconded to adopt RES. 89.120, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO INCREASE THE AUTHORIZED AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT PROJEC) OF THE CITY OF IOWA CITY, IOWA, FROM NOT TO EXCEED 33,000,ODD TO NOT TO EXCEED i5,000,0g0, CALLING A PUBLIC HEARING ON Official Actions May 30, 1999 Page 4 JUNE 27, 1989, ON THE PROPOSAL TO INCREASE THE AUTHORIZED AMOUNT OF SAID BONDS, AND AUTHORIZING EXECUTION OF AN AMENDMENT TO MEMORANDUM OF AGREEMENT. Moved and seconded to adopt RES. 89.121, ACCEPTING WATER MAIN IMPROVEMENTS AND AUTHORIZING EXECUTION OF A LIMITED RELEASE FROM REQUIREMENTS OF CONDITIONAL ZONING AGREEMENT GOVERNING SOUTHWEST ESTATES, PARTS THREE AND FOUR. Moved and seconded to adapt RES. 69.122, AUTHORIZING THE SALE OF THREE IOWA CITY TRANSIT BUSES TO THE UNIVERSITY OF IOWA. Moved and seconded to adopt RES. 69.123, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTIES, TEMPORARY CONSTRUCTION EASEMENTS, ALL IN CONJUNCTION WITH THE STATE HIGHWAY #1 AT 1.80 PAVING IMPROVEMENTS PROJECT, PROJECT NO. RM- 3715(3)-9 Dd2. Moved and seconded t0 adopt RES. 69.124, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL /610, TO BE EFFECTIVE JULY 1, 1989, THROUGH JUNE 30, 1991. Moved and »coded to adopt RES. 69.125, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 1969, THROUGH JUNE 30, 1991. 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 that consideration and vote be waived and the m 1, , consideration be given at this tine. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Chapter 34, Ankle III of the Code of Ordinance of the City of Iowa City, Iowa, 'Weed Controt', by repealing sWlons 34.73, 34.75, and 34-76 thereof and enacting flew SKU" In 9eu thereof to be ooditd the same, clarifying the provisions which makes failure to control weeds a nuisance, and providing for year round enforcemeot of Weed Control Regulations by tale of the Nulsance Abatement Procedures provided In Chapter 24, Mkb VI of the City Code, be given second vote for passage. The Mayor declared the motion carried. Moved and seconded to adjoum 9:40 p.m. The Mayo den•Jared the motion carried. For a more detailed S complete description of Council Finan Activities 6. Department. see Office of Cly Clerk an� Finance DeparlmonL a1JOHCNtiyM,CDOCLERN�CALD, MAYO Submitted for publkatlon 618/89. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES May 30'.1989 Iowa City Council, reg. mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. Staffinembers present: Atkins, Helling, Timmins, Karr, Schmeiser, Vitosh, Farmer, Kimble. Council minutes tape recorded on Tape 69-34, Side 1, 116 -End and Side 2, all; 89-37, Side 1, 1-513. The Mayor proclaimed June 7, 1989 as TIBET DAY. The Mayor noted that item 3c(5) approving a Class "B" Beer Permit for Iowa City Tennis & Fitness Center would be deleted from the Consent Calendar and voted upon separately. Moved by Horowitz, seconded by Ambrisco, to amend the Consent Calendar and accept a letter from Jean Hood, 26 Rocky Shore Drive, concerning possible noise from outdoor service area (Item 3c(9)). The Mayor declared the motion to amend carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisoo, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Actions of the regular meeting of 5/16/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: City Council Goal -Setting Session 5/8/89; Design Review Comm. 5/8/89, sp. mtg. 5/17/89; Bd. of Adjustment - 5/10/89; Sr. Center Comm. - 4/4/89; Airport Comm. - 4/19/89; Human Rights Comm. - 4/24/89; Interim Bd. of Directors of the NPO - 5/9/89. Permit Motions: Approving a Class A Liquor License for V.F.W., Le Roy Weekes Post #3949 dba V.F.W., Le Roy Weekes Post #3949, 609 Highway 6 By -Pass. Approving a Class E Beer Permit for Krause Gentle Corporation dba Kum & Go #422, 513 S. Riverside Drive. Approving a Class C Beer Permit for Sinclair Marketing Company dba Sinclair Retail Station & Convenience Store, 732 S. Riverside Drive. Approving a Special Class C Beer/IMne Permit for Pizza Hut of America, Inc. dba Pizza Hut, 127 Iowa Avenue. Approving a Class C Liquor License for V.C.'s Lounge, Ltd, dba V.C.'s Lounge, Ltd., 1578 First Avenue. Approving a Class C Liquor License for Three Elms, Inc, dba The Airliner, 22 S. Clinton Street. Approving a Class C Uquor Ucense for Gasthaus, Inc, dba Jirsa's, 819 1st Avenue. Approving an Outdoor Service Area for Wig and Pen, Ltd, dba The Wig and Pen, 1220 Highway 6 West. Resolutions: RES. 89.113, Bk. 101, p. 113, ACCEPTING THE WORK FOR THE U.S. 6 AND KEOKUK STREET INTERSECTION IMPROVEMENT PROJECT. Correspondence: Ginalie and Jim Swaim regarding expansion of commercial space on Jefferson Street. Sandra Eakin regarding proposed rezoning south of Mercy Hospital from Residential to CO -1. Marianne Michael expressing opposition to Wal-Mart locating In Iowa City. Memo from the Finance Department giving notice of Intent to purchase equipment. Memo from the Traffic Engr. re: (a) Parking prohibition on the west side of the 10 block of South Unn Street. (b) Parking prohibition on the south side of Nevada Avenue at Its Intersection with Union Road. (c) Parking prohibition on the west side of Unn Street at its intersection with Harrison Street. Memo from the Civil Service Commission submitting a certified list of applicants for the position of Fire Captain - Fire Department. Minutes Iowa City City Council May 30, 1989 Page 2 Applications for the Use of Streets and Public Grounds: Ed Arendsorf to hold the Iowa City Public Library Run on 6/4/89 at 11:00 a.m., approved. Residentsof Stuart Court for permission to close the street for a neighborhood picnic on 5/28/89, approved. Michael Burkart for permission to close Cardiff Circle for a neighborhood picnic on 5/28/69, approved. Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center for permission to set up a table from which to distribute literature and offer craft Items for donations, 6/22-31/89, approved. Kubby questioned the process for handling complaints re noise from outdoor service areas. The City Manager and City Attorney explained outdoor service areas can be cited under the City's noise ordinance and that amplified sound equipment is prohibited. The Mayor noted each permit is issued on a yearly basis and Council always has the option of denying renewal of that permit. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Courtney, seconded by Larson, to adopt the motion approving a Class 'B" Beer Permit for Iowa City Tennis & Fitness Center, Inc. dba Iowa City Tennis & Fitness Center, 2400 N. Dodge. Balmer stated he had requested separated consideration of this hem to allow him the option of abstaining as he has financial Interest in this establishment. The Mayor declared the motion carried unanimously, 6/0, Balmer abstaining. Moved by Balmer, seconded by Courtney, to set a public hearing for 6/13/89, on an ordinance to vacate that portion of the Lafayette Street rightcf-way generally located between the easterly right-of-way line of the north -south alley between Dubuque Street and Ralston Creek and that portion of the Lafayette Street right-of-way immediately west of its intersection with South Gilbert Street (Gary and Ralph Freeman). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Courtney, seconded by Ambrisco, to set a public hearing for 6/13/89, on an ordinance to approve Oberlin Estates, a preliminary and final Planned Development Housing (PDH) and a Large Scale Residential Development (LSRD) plan to rezone Lots 100 and 106 of Court Hill -Scott Boulevard Additions from RM -20 and RS -5 respectively to PDH -8. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to set a public hearing for 6/13/89, on an ordinance to vacate a public walkway easement located between Lots 26, 27, 46 and 47 of Pepperwood Addition, Part 2. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Courtney, seconded by Horowitz, 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 Courtney, seconded by Ambrisco, that the ordinance to zone a portion of vacated Hollywood Boulevard right-of-way to CO -1 (Commercial Office), be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Minutes Iowa City City Council May 30, 1989 Page 3 Moved by Balmer, seconded by Ambrisco, that the ordinance changing the use regulations of certain property generally located south of Hilltop Mobile Home Park and west of existing Pepperwood Additions development on Sandusky and Pepper Drives extended from ID -RM to RS -5, be given first vote for passage (Braverman Development, Inc.). 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 approving an amended preliminary Planned Development Housing (PDH) plan for Summit Place, a 1.69 acre development located at the southeast comer of the IOrkwood Avenue and Marcy Street Intersection, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Horowitz stated her intent to vote for the ordinance and noted that unless the house on the property is purchased, it is impossible to save. She stated the design the developer has presented, and the neighbors have worked with, is about the best possible for Krkwood Avenue and the surrounding neighborhood. Larson noted the historical significance of the structure and stated he was delighted that the developer, Mike Hodge, is devoted to doing everything he can to maintain the structure. He noted the desire of the developer to keep the brick facade, the majority of the trees and inclusion of the property Into the Governor's Walk. Moved by Larson, seconded by Ambrisco, to accept correspondence from Judy Nyren, 1219 Ginter Avenue. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, that the ordinance to rezone approximately 28 acres along Highway 1 West from 1.1 to CC -2, be given second vote for passage (Joseph Company). The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney. Nays: Horowitz, Kubby. Moved by Kubby, seconded by Ambrisco, to accept correspondence from Steve Reschly, 345 MacBride. The Mayor declared the motion carried, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Balmer, to adopt RES. 09-114, Bk. 101, p. 114, APPROVING THE PRELIMINARY PLAT OF HIDDEN VALLEY SUBDIVISION, A 1.90 ACRE RESIDENTIAL SUBDIVISION LOCATED ON AND NORTH OF ROCHESTER AVENUE AND ON WINDSOR COURT EXTENDED. Ambrisco noted that one of the lots will face Rochester Avenue, however, there will not be a street cut thru from Rochester Avenue over the hill to the north. He further clarified that the developer eventually does have plans to extend Windsor Ct. to the west boundary line. Affirmative roll call vote unanimous, 7/0,. all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Larson, to adopt RES. 89.115, Bk. 101, P. 115, APPROVING THE FINAL PLAT FOR ROCHESTER HEIGHTS, AN 18.24 ACRE, 60 -LOT RESIDENTIAL SUBDIVISION LOCATED BETWEEN ROCHESTER AVENUE AND LOWER WEST BRANCH ROAD AND BETWEEN SCOTT BOULEVARD AND AMHURST STREET. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Leonard Yeggy, 840 St. Anne's Drive, appeared re a problem with an animal after closing hours at the Animal Shelter and Police response, and requested Asst. City Mgr. Halling read Into the record a letter from Iowa Department of Agriculture and Land Stewardship re a complaint filed by Mr. Yeggy against commercial application of pesticides to his neighbor's property. The following individuals appeared opposing the rezoning request submitted by Minutes Iowa City City Council May 30, 1989 Page 4 Joseph Company for Westport Plaza (Wal-Mart): Caroline Dieterie, 727 Walnut; Jim Folk, 1241 Oakes Drive; Anne Tucker, 1425 Oaklawn; Kathy Folk, 1241 Oakes Drive; and Charles Pollack. Mary Geasland, 53 Regal Lane, Senior Center Commission member updated Council on May activities at the Center. Don McCormack, 305 Taft Speedway, noted previous Council consideration of a development along the Englert tract and the fact that if any development went thru property owned by neighbors they would be assessed for the improvement, and requested Council consider a change in that policy. A public hearing on plans, specifications, form of contract and estimated cost for the Central States Can Co./Silgan Corp. Rail Spur Rap-RR89(5)-9T-52. No one appeared. Moved by Balmer, seconded by Courtney, to adopt RES. 89.116, Bk. 101, P. 116, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE CENTRAL STATES CAN CO./SILGAN CORP. RAIL SPUR RAP-RR89(5)-9T-52 PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS, for, June 20, 1989, at 10:30 a.m. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract and estimate of costs for the Civic Center/Police and Fire Departments Expansion and Remodeling Project. Ambrisco stated the project was long overdue and that he endorses this project. McDonald said it was time to move ahead on this project. No one appeared. Moved by Horowitz, seconded by Courtney, to adopt RES. 69-117, Bk. 101, P. 117, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CIVIC CENTER POLICE AND FIRE EXPANSION, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CiTY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS, for June 29, 1989, at 10:30 a.m. Finance Director V Josh explained that $600,000 had been appropriated from the general fund balance for partial funding of this project and a separate amendment and financial package will be prepared for additional funding. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on FY89 Operating Budget Amendments. Finance Director Vitosh present for discussion. Council congratulated staffinember Terry Kimble on her promotion to City Controller. No one appeared. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89.118, Bk. 101, P. 118, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1989. Affirmative roil call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on FY89 Capital Projects Fund Budget Amendment. No one appeared. Minutes Iowa City City Council May 30, 1989 Page 5 Moved by Courtney, seconded by Ambrisco, to adopt RES. 89.119, Bk. 101, p. 119, ADOPTING THE CAPITAL PROJECTS FUND BUDGET AMENDMENT FOR THE FISCAL YEAR _ENDING JUNE 30, 1989. Affirmative roll call vote unanimous, 7/0, all Counciimembers present. The Mayor declared the resolution adopted. The Mayor announced the following vacancy: Bd. of Adjustment - one vacancy for an unexpired term ending 1/1/90. This appointment will be made at the 7/11/89 meeting of the City Council. Councilmember Kubby noted the request from Don McCormack during public discussion to review the assessment procedure, and questioned the next step. The City Manager stated staff would research the matter and prepare a memo to Council. Larson noted the union agreements on the agenda and commended Asst. City Mgr. Halling on his work. He also promoted the book Iowa City An Illustrated History currently available , and noted the upcoming ArtsFest scheduled in Iowa City June 17-25. Balmer noted the memo from the City Mgr. re use of Exxon funds for signalization along the Hwy. 6 Bypass and the freer flow of traffic since the installation. He also pointed out recent legislation, National Resource Bill, which earmarked 16% of the $300,000,000 for city parks and asked staff to follow-up. The City Manager stated Parks and Recreation were already researching the matter. Ambrisco reported on his attendance over the Memorial Day week -end at the dedication of a special Veterans Walk on the east overlook of the Coralville Dam. Horowitz noted the distribution of copies of the East Central Iowa Council of Governments (ECICOG) Regional Comprehensive Solid Waste Management Plan. She also noted the distribution of the Johnson County Council of Governments (JCCOG) transportation planning document the previous week. Horowitz acknowledged work done by staff to prepare the amendment to the weed ordinance on the agenda. Courtney reported that a quantity of mud had been deposited on First Avenue, near Montclair Apartments, after the recent rain and noted that the sidewalk from near the new subdivision Is in danger of falling in. Staff will investigate. McDonald asked that the definition of storm water be researched with the subdivision ordinance. Courtney asked that the City Investigate a concern re grass height at the intersection of Miller and Benton Streets. The Mayor acknowledged the efforts of the following individuals Involved in acquiring the old City Hall Bell and revocation of the comer of the Civic Center as its new home: Bob Wolf Construction; Project GREEN; Councilmember Susan Horowitz; and staffmembers Bud Stockman, Jim Schoenfelder, Lorraine Saeger. He noted the bell was donated by Herbert Gartzke in memory of his wife Marie, and at Mr. Gartzke's request would be rung the 4th of July, New Year's Eve, and his wife's birthday. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-120, Bk. 101, p. 120, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO INCREASE THE AUTHORIZED AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT PROJECT) OF THE CITY OF IOWA CiTY, IOWA, FROM NOT TO EXCEED $3,000,000 TO NOT TO EXCEED $5,000,000, CALLING A PUBLIC HEARING ON JUNE 27, 1989, ON THE PROPOSAL TO INCREASE THE AUTHORIZED AMOUNT OF SAID BONDS, AND AUTHORIZING EXECUTION OF AN AMENDMENT TO MEMORANDUM OF AGREEMENT. The Finance Director stated that Michael Development had requested the amended Increased amount due to Increased construction costs, additional square feel necessary to build the building and a more elaborate electrical and mechanical design. Affirmative roll call vote unanimous, 7/0, all Counciimembers present. The Mayor declared the resolution adopted. Minutes Iowa City City Council May 30, 1989 Page 6 Moved by Larson, seconded by Courtney, to adopt RES. 89-121, Bk. 101, p. 121, ACCEPTING WATER MAIN IMPROVEMENTS AND AUTHORIZING EXECUTION OF A LIMITED RELEASE FROM REQUIREMENTS OF CONDITIONAL ZONING AGREEMENT GOVERNING SOUTHWEST ESTATES, PARTS THREE AND FOUR. Affirmative roll call vote unanimous, 7/0, all Councilmembers present The Mayor declared the resolution adopted. Moved by Larson, seconded by Balmer, to adopt RES. 89.122, Bk. 101, p. 122, AUTHORIZING THE SALE OF THREE IOWA CiTY TRANSIT BUSES TO THE UNIVERSITY OF IOWA. The Asst. City Mgr. reported the buses have a lot of miles on them and there was no market for them. 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. 89-123, Bk. 101, p. 123, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTIES, TEMPORARY CONSTRUCTION EASEMENTS, ALL IN CONJUNCTION WITH THE STATE HIGHWAY #1 AT I.80 PAVING IMPROVEMENTS PROJECT, PROJECT NO. RM -3715(3)-9 D-52. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Larson, seconded by Horowitz, to adopt RES. 89.124, Bk. 101, P. 124, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1989, THROUGH JUNE 30, 1991. 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, 89.125, Bk. 101, p. 125, AUTHORIZING AGREEMENT BETWEEN THE CiTY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CiTY TO BE EFFECTIVE JULY 1, 1989, THROUGH JUNE 30, 1991. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, 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 carded. Balmer questioned If the ordinance would be published prior to 6/15 for enforcement this year. The City Attorney reported that the ordinance would go Into effect after publication, which would be atter the 6/15 date. Kubby requested clarification of a municipal infraction versus a misdemeanor. The City Attorney stated that a municipal infraction enables the City to take this matter to court on a civil basis and the City can ask for an order requiring abatement, and a misdemeanor is a crime under Iowa law and traditionally all city ordinances were misdemeanors. He noted exemptions for gardens and naturally planted areas and explained the City utilizes the definition of noxious weeds as found in the State Code. Moved by Courtney, seconded by Horowitz, that the ordinance amending Chapter 34, Article III of the Code of Ordinance of the City of Iowa City, Iowa, "Weed Control', by repealing sections 34-73, 34.75, and 34-76 thereof and enacting new sections in Ileu thereof to be codified the same, clarifying the provisions which makes failure to control weeds a nuisance, and providing for year round enforcement of Weed Control Regulations by use of the Nuisance Abatement Procedures provided in Chapter 24, Article VI I Minutes Iowa City City Council May 30, 1989 Page 7 of the City Code, be given sero d all Counciimembers present. T- vote he Mayor decla ed the motion carried.e. Affirmative foil Ivote unanimous, 7/0, Moved by Courtney, seconded by Horowitz, to adjourn 9:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Counciimembers pro sem JOHN MCDO—WLD, MAYOR 1 I II If I. i COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES June 13, 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, Schmeiser, Rockwell, Penney, Davidson. Council minutes tapes recorded on Tape 89-37, Side 1, 513 -END, Side 2, END -1; 89-39 Side 1, 1 -END, Side 2, END -1. The Mayor proclaimed June 1989 as IOWA RIVER MONTH; June 17-24, 1989 as GAY AND LESBIAN PRIDE WEEK, June 11-17,1989 as YOUTH EMPLOYMENT WEEK. Doug Russell, Chairperson of the Historic Preservation Commission, and Mayor McDonald presented the 1989 Historic Preservation Awards as follows: Institutional Adaptive Use - Robert Achepohl, 650 Kirkwood Ave.; Institutional Continued Use - Unitarian Universalist Society of Iowa City, 10 S. Gilbert St.; Honorable Mention - Johnson County Board of Supervisors for the Johnson County Courthouse, 417 S. Clinton St.; Residential Adaptive Use - University of Iowa Press, The Hutchinson -Kuhl House, 119 Park Rd. and United Action for Youth, Inc., 410 Iowa Ave.; Residential Continued Use - Ron Johnson (2 properties) 1024 E. St. and 225 N. Governor1123rE. son College St. Other properties ntomi ated for a 1989 Historic Preservation Awaard include: Ron Johnson (3 properties), 730 Iowa Ave., 1025 Keokuk St., 120 N. Governor St.; and Marc Moen, 412 N. Dubuque St. Peg McElroy, Director of Mayor Youth Program, and Mayor McDonald presented the Mayor's Youth Enrollee, Supervisor, and Worksite Awards as follows: Outstanding Enrollee category - Matthew Hoover and Nichoal Scofield, Honorable Mention with Distinction - Klm Thuy Nguyen, Outstanding Transition Student - Michelle Nachtman. Outstanding Worksite Supervisi, on category: Jo Ball, George Boateng, and Teresa Ulin. The following students and staff of the Behavioral Learning Center were honored: staffinembers Linda Lawrence, Michael Bowers, Jean Karr, and Judy Rohret and students Tim Coblentz, Nathan Dewitt, Matt Hoover, i Michelle Lehman, Tim O'Leary and Nathan Wilkinson. The 1989 President's Award was awarded to the Johnson County Auditor's Office. The Mayor congratulated all the recipients of this year's awards and acknowledged the work done by Director Peg McElroy. Robert Wachal, Chairperson of the Riverfront Commission, and Mayor McDonald presented the Iowa River Month Photo Contest Awards as follows: Robert Rude, First Place; Tim Strang, Second Place; Carole Stribley-Brown, Third Place. Honorable Mentions were Vincent Casaregola, Wilford Yoder and Jan Krieger. Emilie Rubright, Project GREEN Co -Chair, ( presented cash prizes to the top three photographers, All winning entries are on display r during the month of June at the Iowa City Public Library. The 1989 Iowa River Month Special k Recognitlon Award was presented to Peg McElroy, Executive Director of the Mayor's Youth Employment Program. j Moved by Ambrisco, seconded by Horowitz, that the following Items and recommenda- tions in the Consent Calendar be received, or approved, and/or adopted as amended: i Council Activities June 13, 1989 Page 2 Approval of Official Council Actions of the regular meeting of 5/30/69, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Council Goal -Setting Session - 5/23/89; Historic Preservation Comm. - 5/10/89; P&Z Comm. - 5/18/89, 6/1/89; Bd. of Library Trustees - 5/25/89; Civil Service Comm. 5/15/89; P&R Comm. - 5/10/89. jPermit Motions and Resolutions: Approving a Class C Liquor License for Keith W. Dempster dba The Mill Restaurant, 120 E. Burlington Street. Approving a Special Class C Beer/Wine Permit for Michael O.L. Chan dba Canton House, 713-715 S. ' L6 Riverside Drive. Approving a Class E Beer Permit for John's Grocery, Inc. dba John's § Grocery, Inc., 401 E. Market Street. Approving a Class E Beer Permit for Walgreen k Co, dba Walgreens, 1646 Sycamore. Approving a Class E Beer Permit for AM -PM Mini i Mart Corp. dba AM -PM Mini Mart, 2303 Muscatine Ave. Approving a Class E Beer Permit for OuikTrip Corporation dba OuikTrtp #539, 301 Market. Approving a Class t E Beer Permit for Drug Fair, Inc. dba Peoples Drug #5276, 2425 Muscatine Ave. Approving a Class B Liquor License for M.S. Restaurant at Howard Johnson Motel dba Denny's Restaurant, 2208 N. Dodge. RES. 89-126, Bk. 101, P. 126, ISSUING A DANCING PERMIT. P' Resolutions: RES. 89-127, Bk. 101, p. 127, ADOPTING SUPPLEMENT NO. 40 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. } Correspondence: Petition signed by ten people urging the City Council to reject the proposed change in zoning for the land west of Carousel Motors on Highway 1. Joseph Holland, attorney for Pentacrest Apartments and Ralston Creek Apartments regarding parking i 9 9 P g problems in downtown Iowa City. Cora Pollack urging the Council i to reverse their decision on Resolution 89-102 which approved changing the t comprehensive plan for property along Highway 1 West (Westport Plaza). Francis "Buzz" Graham supporting proposed Wal-Mart Shopping Center (Westport Plaza). Mrs. James Miller supporting proposed shopping center (Westport Plaza), } Applications for Plaza Use Permits: James E. Clayton to set up a table on City i 4 Plaza for the purpose of soliciting signatures on a petition on 6/10/89, approved. Steve j 7 Hugg, TCBY Yogurt, for permission to give away sample cups of yogurt and promotional material in the City Plaza, approved, Chamber of Commerce to advertise the Iowa Festival by having a person walk through the Plaza wearing a sandwich board on 6/8- 25/89, approved. Latin American Human Rights Advocacy Center to set up a table on City Plaza to distribute literature and offer crafts and buttons for donations on 6/8-11/89, approved. Erica M. Womachka to vend hand-crafted jewelry as an ambulatory vendor on 5/31/89, approved, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Council Activities June 13, 1989 Page 3 Moved by Balmer, seconded by Kubby, to set a public hearing for 6/27/89, on an ordinance to vacate the easterly 189.25 feet of the east -west alley between Governor and Summit Streets (Paul and Joan Victor). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Horowitz, seconded by Ambrisco, to set a public hearing for 6/27/89, on a resolution adopting the 1989 Comprehensive Plan Update. The Mayor declared the motion carried, 7/0, all Counclimembers present. Moved by Balmer, seconded by Horowitz, to set a public hearing for 6/27/89, on an ordinance amending Section 36-4 and 36.56 of the Zoning Ordinance to eliminate certain child care providers from the Zoning Ordinance regulations for child care facilities and to extend the hours of house calls for home occupations, The Mayor declared the motion carried, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89.128, Bk. 101, P. 128, INTENT TO CONVEY TO JACK MOYERS ET AL. THE VACATED LOOS STREET RIGHT-OF- WAY, and setting a public hearing for June 27, 1989. 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. 89-129, Bk. 101, p. 129, INTENT TO CONVEY TO GARY L. FREEMAN AND RALPH J. FREEMAN VACATED LAFAYETTE STREET RIGHT-OF-WAY BETWEEN RALSTON CREEK AND SOUTH GILBERT STREET AND A PORTION OF VACATED LINN STREET RIGHT-OF-WAY IMMEDIATELY NORTH OF THE VACATED LAFAYETTE STREET RIGHT-OF-WAY, and setting a public hearing for June 27, 1989. Ainrmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance to vacate that portion of the Lafayette Street right-of-way generally located between the easterly right-of-way line of the north -south alley between Dubuque Street and Ralston Creek and that portion of the Lafayette Street right-of- way Immediately west of its Intersection with South Gilbert Street (Gary and Ralph Freeman). No one appeared. Moved by Balmer, seconded by Ambrisco, 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 Ambrisco, that the ordinance to vacate that portion of the Lafayette Street right- of-way generally located between the easterly right-of-way line of the north -south alley between Dubuque Street and Ralston Creek and that portion of the Lafayette Street right-of-way Immediately west of Its intersection with South Gilbert Street, be given second vote for passage (Gary and Ralph Freeman). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. ■ Council Activities June 13, 1989 Page 4 A public hearing was held on an ordinance vacating a public walkway easement located between Lots 26, 27, 46 and 47 of Pepperwood Addition, Part 2. Doug Carlo, 1156 Briar Drive and Jess and Renee Lopez, 1162 Briar Drive, appeared and requested Council vacate the j easement. After discussion, Council directed Legal to review the subdivider's agreement and report back to Council on options for paying for the sidewalk if needed at a later time. The Mayor noted the item would be scheduled for Council consideration in two weeks. A public hearing was held on an ordinance to approve Oberlin Estates, a preliminary and final Planned Development Housing (PDH) and a Large Scale Residential Development (LSRD) plan and to rezone Lots 100 and 106 of Court Hill -Scoff Boulevard Addition from RM - 20 and RS -5, respectively, to PDH -8. Ben Moore, developer for the project, requested s? expedited action. ' 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 it and that ORD. 89-3416, Bk. 30, P. 17, APPROVING AN AMENDED PRELIMINARY PLANNED DEVELOPMENT HOUSING (PDH) PLAN FOR SUMMIT PLACE, A 1.69 ACRE DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF THE KIRKWOOD AVENUE AND MARCY STREET INTERSECTION, be voted on for final passage at this time. Horowitz explained she would be voting against the request for expedited action because she felt the neighbors deserved all due process and could not vote to collapse a reading. The Mayor declared the motion carried, 6/1, with the following division of roll call votes: Ayes: Balmer, Courtney, Kubby, Larson, McDonald, Ambrisco. Nays: Horowitz. 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 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 f ORD, 69-3417, Bk. 30, p. 18, CHANGING 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 x! FROM ID -RM TO RS -5 (Braverman Development, Inc.), be voted on for final passage at this }{ time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor I,! declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance be r' finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. fi tMoved by Balmer, seconded by Ambrisco, to adopt RES. 89430, Bk. 101, p, 130, APPROVING THE PRELIMINARY PLAT OF PEPPERWOOD ADDITION, PART a, A SUBDIVISION OF JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted, r Moved by Ambrisco, seconded by Horowitz, to approve the recommendation of the Planning and Zoning Commission that parking be restricted to one side only on all cul-de- sacs within Pepperwood Addition, Part 8. The Mayor noted informal discussion the previous Council Activities June 13, 1989 Page 5 evening and the consensus of the Council was that the restriction was not necessary. The Mayor declared the motion defeated unanimously, 0/7, all Councilmembers present. Moved by Ambrisco, seconded by Courtney, that ORD. 89.3418, Bk. 30, P. 19, REZONE APPROXIMATELY 28 ACRES ALONG HIGHWAY 1 WEST FROM 1-1 TO CC -2 (Westport Plaza/Joseph Company), be passed and adopted. Moved by Kubby, seconded by Horowitz, that this item be deferred until after the referendum question has been decided. Council - members discussed the process and noted the City Attorney's memo on the subject. The Mayor declared the motion to defer defeated, 2/5, Kubby and Horowitz voting in the affirmative. The Mayor declared the motion to pass and adopt the ordinance carried, 5/2, with the following division of roll call vote: Ayes: McDonald, Ambrisco, Balmer, Courtney, Larson. Nays: Horowitz, Kubby. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-131, Bk. 101, p. 131, APPROVING THE AMENDED PRELIMINARY PLAT FOR RUPPERT SUBDIVISION, PART 1, AND THE RESUBDIVISION OF LOT 1, RUPPERT SUBDIVISION, PART 1 (Westport Plaza). PPD Director Schmeiser stated that Improvements for the development will have to be approved by IDOT prior to the beginning of construction and before the final LSNRD is approved. In response to a question on signs from Kubby, Mike Wisdom, representing the Joseph Company, said that one sign would designate one major anchor but would not be a typical Wal-Mart sign. The Mayor declared the motion carried, 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. 89-132, Bk. 101, p. 132, APPROVING A PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR WESTPORT PLAZA ON LOT 2, RUPPERT SUBDIVISION, PART 1. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Balmer, Courtney, Horowitz, Larson, McDonald, Ambrisco, Nays: Kubby. Moved by Ambrisco, seconded by Balmer, to approve the recommendation of the Planning and Zoning Commission that a walk light be installed with signalization of the main entrance of Westport Plaza. The Mayor declared the motion defeated, 1/6, with the following division of roll call vote: Ayes: Horowitz. Nays: Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney. Moved by Balmer, seconded by Ambrisco, that ORD. 89-3419, Bk. 30, p. 20, ZONE A PORTION OF VACATED HOLLYWOOD BOULEVARD RIGHT-OF-WAY TO CO -1, COMMERCIAL OFFICE, 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 Horowitz, to adopt RES. 89-133, Bk. 101, p. 133, APPROVING THE FINAL PLAT OF CAMERON SUBDIVISION, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. Kubby stated she would be voting against this project because of the proposed use of the thirty-third lot (Willowbrooke Pointe Condominiums) is not an appropriate use. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Horowitz, Larson, McDonald, Ambrisco, Balmer, Courtney. Nays: Kubby. i r l Council Activities June 13, 1989 Page 6 Moved by Balmer, seconded by Horowitz, to adopt. RES. 69-134, Bk. 101, p. 134, APPROVING AN AMENDED LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR SYCAMORE MALL (McDonalds). Horowitz asked that staff look at the need for more sidewalks in the Sycamore Mall and surrounding areas. Kubby asked that McDonalds get away from using styrofoam containers. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 89-135, Bk. 101, p. 135, APPROVING THE PRELIMINARY PLAT FOR PRAIRIE VIEW ESTATES, PART 3, OF JOHNSON COUNTY, IOWA. Balmer noted previous Council discussion re the lack of secondary access to the proposed development, and that he hoped any additional development would have adequate secondary access. Kubby said the developer had been informed of the need for secondary access and stated a policy on secondary access was needed. Larson and Horowitz noted the project did provide for an emergency secondary access. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz. Nays: Kubby. Moved by Ambrisco, seconded by Horowitz, to adopt. RES. 89-136, Bk. 101, p. 136, ADOPTING A SCHEDULE OF FEES FOR PLANNING AND ZONING AND BOARD OF ADJUSTMENT APPLICATIONS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted, Moved by Ambrisco, seconded by Horowitz, to approved the recommendation of the Planning and Zoning Commission to retain the current hours of operation for neighborhood centers. The Mayor declared the motion carried, 7/0, all Councilmembers present. Joe Bolkcom, Environmental Advocates, reported on the plastic recycling of plastic milk and bottle containers and thanked Council and the City for their support. He noted a need for public education and promotion of the project and urged the City develop a position within the City to assist in ongoing projects. Duane Means, Senior Center Commissioner, updated Council on activities at the Center. Councilmember Courtney commended city employees on their quick response in rescuing a duck that had fallen through a drain in a downtown alley. Larson noted a newspaper article re repair to the parking ramps and clarified that the point he was making was that concrete should last more than nine years and someone should be held accountable. He also welcomed new Police Chief R,J. Winkelhake. Kubby questioned when Council would be discussing the parking Issue, especially residential parking permits, The Mayor noted that a special Informal could be scheduled on an off week. Kubby asked about implementing a building moratorium to allow staff and Planning and Zoning time to prepare regulations re environmentally fragile areas. The Mayor said regulations would be reviewed during discussions re the subdivision ordinance In the near future. Horowitz stated her desire that this would be accomplished prior to the next construction season. The City Attorney noted an amended resolution to agenda Item #12, dealing with the purchase of parcel no. SIRC1.20, showing the actual amended price. Council Activities June 13, 1989 Page 7 Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-137, Bk. 101, p. 137, AMENDING THE AUTHORIZED ACQUISITION PRICE FOR THE ACQUISITION OF AN EASEMENT OVER PARCEL NO. SIRC1.03, ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT. 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. 89-138, Bk. 101, p. 138, AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR PARCEL NO. SIRC1.20, ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT, as amended to include revised value. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, to adopt RES. 89.139, Bk. 101, p. 139, AMENDING THE AUTHORIZED ACQUISITION PRICE FOR THE ACQUISITION OF EASEMENTS OVER PARCEL NO. SIRC1.19, ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT. 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. 89-140, Bk. 101, p. 140, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN APPLICATION FOR MEMBERSHIP IN THE CENTRAL IOWA TRAINING ASSOCIATION (CITA). Kubby noted the membership would be $25 a year. 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. 89-141, Bk. 101, p. 141, ADOPTING THE REVISED ANNUAL BUDGET FOR FISCAL YEAR 1989, ENDING JUNE 30, 1989, FOR PUBLIC HOUSING PROJECTS, 3, 4, 5. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 89-142, Bk. 101, p. 142, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE 12TH RENEWAL OF A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICE. In response to a question by Kubby, staHmember Davidson said that when the contract cap is reached, it would be up to Council to discontinue the service or amend the contract cap. Affirmative roll call vote unanimous, 7/0, all Council - members present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-143, Bk, 101, p. 143, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E AGREEMENT WITH JOHNSON COUNTY AND OLD CAPITOL CAB COMPANY FOR FY90 SEATS SUPPLEMENTAL TAXI SERVICE. In response to a question by Horowitz, staHmember Davidson explained that the contract Is bid each year and the last couple of years the City had the option of a one-year renewal and that the City would then automatically renew for that Council Activities June 13, 1989 Page 8 additional year if they were happy with the operation the previous year. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Ambrisco, to adopt the following funding agreement resolutions: RES. 89-144, Bk. 101, p. 144, BIG BROTHERS/BIG SISTERS OF JOHNSON COUNTY ($25,300); RES. 89-145, Bk. 101, p. 145, IOWA CITY CRISIS INTERVENTION CENTER ($18,500); RES. 89-146, Bk. 101, p. 146, DOMESTIC VIOLENCE INTERVENTION PROGRAM ($24,000); RES. 89.147, Bk, 101, p. 147, JOHNSON COUNTY HAWKEYE AREA COMMUNITY ACTION PROGRAM PROJECT HEADSTART ($2,600); RES. 89-148, MID -EASTERN COUNCIL OF CHEMICAL ABUSE ($10,000); RES. 89-149, Bk. 101, p. 149, RAPE VICTIM ADVOCACY PROGRAM ($11,000); RES. 89-150, Bk.101, p. 150, JOHNSON COUNTY CHAPTER, AMERICAN RED CROSS ($2,000); RES. 69-151, Bk. 101, P. 151, NEIGHBORHOOD CENTERS OF JOHNSON COUNTY ($16,000), Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolutions adopted. Moved by Courtney, seconded by Horowitz, to adopt the following funding agreement resolutions: RES. 89-152, Bk. 101, p. 152, ELDERLY SERVICES AGENCY OF JOHNSON COUNTY ($36,920); RES. 89.153, Bk. 101, p. 153, MAYOR'S YOUTH EMPLOYMENT PROGRAM ($30,500). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolutions adopted. Moved by Courtney, seconded by Ambrisco, to adopt the following funding agreement resolutions: RES. 89-154, Bk. 101, p. 154, COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ($23,630); RES. 89-155, Bk. 101, p. 155, GENERAL FUND ($17,370). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolutions adopted. Moved by Larson, seconded by Courtney, to adopt RES. 89-156, Bk. 101, p. 156, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 1989, THROUGH JUNE 30, 1991. Council commended Asst. City Mgr. Halling on his work. Afermative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Kubby, to adopt RES. 69-157, Bk. 101, p. 157, AMENDING BUDGETED POSITIONS IN THE RECREATION DIVISION OF THE PARKS & RECREATION DEPARTMENT. The City Manager stated that this change allows for one full- time maintenance person at Mercer Park and makes the whole maintenance scheduling easier. Affirmative roll call vote unarrimous, 7/0, all Councilmembers present, The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Kubby, to adopt RES. 89-158, Bk, 101, P. 158, AMENDING BUDGETED POSITIONS IN THE FIRE DEPARTMENT. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. i Council Activities June 13, 1989 Page 9 Moved by Ambrisco, seconded by Courtney, that the ordinance amending Chapter 23, entitled "Motor Vehicles and Traffic,' of the Code of Ordinances of the City of Iowa City, Iowa, by amending Section 23-189 therein to change Speed Limits on parts of North Dubuque Road and Scott Boulevard, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. I Moved by Ambrisco, seconded by Balmer, that ORD. 89.3420, Bk. 30, p. 21, AMENDING CHAPTER 34, ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, { IOWA,' WEED CONTROL," BY REPEALING SECTIONS 34-73,34-75, AND 34-76 THEREOF, AND ! ENACTING NEW SECTIONS IN LIEU THEREOF TO BE CODIFIED THE SAME, CLARIFYING ' THE PROVISION WHICH MAKES FAILURE TO CONTROL WEEDS A NUISANCE, AND PROVIDING FOR YEAR ROUND ENFORCEMENT OF WEED CONTROL REGULATIONS BY USE i OF THE NUISANCE ABATEMENT PROCEDURES PROVIDED IN CHAPTER 24, ARTICLE VI OF THE CITY CODE, be passed and adopted. In response to Kubby, the City Attorney stated that there were provisions for wildflower gardens In the ordinance. Affirmative roll call vote I it •' unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Ambrisco, to adjourn 10:25 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. li kNM ONALD, MAYOR MARI N� K. KARR, CITY CLERK I 1i Council Goal -Setting Session May 23, 1989 Council Goal -Setting Session: May 23, 1989, at 4:35 p.m. In the Council Chambers, Mayor McDonald presiding. Councilmembers present: McDonald, Ambrisco, Horowitz, Larson, Kubby, Balmer, Courtney. Staffmembers present: Atkins, Halling, Vitosh, Davidson, Smith. Tape-recorded: Reel 89-35, Sides 1 and 2, All; Reel 89-36, Side 1, 1 -END. McDonald stated this meeting will end at 6:30 p.m. DOWNTOWN PARKING STUDY - CONTINUED DISCUSSION: I Davidson stated there are three issues that need to be discussed by Council: 1) does Council feel there is currently enough parking available; 2) within five years, staff projects downtown j development to require approximately 300 additional spaces and how are they to be provided; and 3) the downtown parking policy. Davidson noted Council seems fairly satisfied with the policy of the City being responsible for providing parking in the CB -10 zone. Horowitz asked If the adopted parking policy would be able to mention a transit plan and whether the transit plan would be able to mention the parking policy. Balmer stated the January 1989, Downtown Iowa City Parking Study, Point E, does mention transit. In response to Horowitz, Balmer stated the City does not have a formal transit policy. McDonald explained j a transit financial policy was established in 1983 but was eliminated because of drastic cuts of the funding sources. Kubby suggested the purpose of transit should be established, Council discussed parking and transit. Larson stated he would support a statement, saying I Iowa City would not try to decrease availability of parking in order to Increase transit. Atkins stated Council Is addressing a parking policy for downtown only and it would be difficult to tie together all the parking policies that affect Iowa City. Atkins stated a transit report is being prepared and will include Information relating to the City's financial commitment to transit. Horowitz said the downtown parking policy should be tied in with the transportation objectives that are in the Comprehensive Plan. McDonald stated it would be very difficult to have a combination parking -transit policy. Ambrisco stated he wanted to see the transit report that is being prepared by staff; this community needs a viable mass transit system; and raising parking rates will kill off the downtown. Larson said staff should look for ways to give Incentives to people to use the transit system. Davidson noted staff projects 300 additional parking spaces will be needed within five years and Council needs to determine 11 they want to Increase the amount ofarkin that is not used to give the perception to people that it Is easy to park. In response to Balmer, Davidson said a special taxing district could be set up to pay for the Increased parking. Balmer stated the City needs to maintain a balance of on -street CB -10 parking. Horowitz raised concerns that a couple generations of kids are being taught to not use transit. Horowitz asked If there is a potential to Increase the service of transit, using circumference or cross-town routes, to I 977 Council Goal -Setting Session May 23, 1989 Page 2 encourage more people to ride. Larson said modifying or adopting transit service should be considered rather than expanding service. Horowitz said a non -ridership survey should be done. Horowitz said she would feel more comfortable with an overall City policy about transportation, Atkins said a policy exists indirectly - the City spends millions of dollars on street paving, snow plowing, transit, and parking to allow people to go from point A to point B. Atkins said the City probably spends 20-25% of Its budget on transportation related kinds of services. Kubby asked what other communities are doing to let people know parking is available. Davidson said anytime there is a parking structure, there are problems because parking spaces are not visible from the street. McDonald stated there are certain people that do not feel comfortable using parking ramps. Atkins said he would be hard-pressed to recommend building a parking ramp above three stories. Larson said expanding the downtown area, eliminating parking requirement south of Burlington Street, and counteracting the perception that there is no place to park should be considered. Councilmembers discussed downtown parking. Kubby said residential parking permits for certain parts of Iowa City should be considered. Courtney Inquired about adding monthly parking permits in Capitol Street ramp. McDonald stated that originally Iowa City stopped allowing monthly parking permit holders from utilizing Capitol Street ramp because usage was increasing. Vitosh stated currently there are 100.200 spaces vacant during 11 a.m.-2 p.m, peak time in the Capitol Street ramp and Joe Fowler has been monitoring ramp usage. Larson asked if monthly permit holders are required to park on the top floor of the parking ramp. Vitosh stated permit holders are encouraged to park on the top floor. Larson asked if monthly permits should be added to the Capitol Street ramp. Vitosh stated staff is developing ideas to encourage people to park in the Dubuque Street ramp and staff will package information to present to Council. McDonald asked what will happen to the 95 permit holders using Parcel 64-1A. Vitosh stated there is plenty of room in the Dubuque Street ramp. Larson stated he is uncomfortable with having vacant spaces in the ramps while there is a waiting list to buy monthly permit permits. Davidson said those empty spaces are prioritized for the Holiday Inn and short-term shoppers. McDonald cautioned Councilmembers not to make hasty decisions to establish monthly parking permits in the Capitol Street ramp until consideration is given to development south of Burlington Street. Davidson stated the University of Iowa is planning to expand the Engineering Building to the south and 50 parking spaces will be eliminated in that area. Davidson said some of those people may park in the Capitol Street ramp. In response to Horowitz, Davidson said the University of Iowa van pool is a successful program. Vitosh said there are 150 people on the monthly parking permit waiting list and staff Is looking at the possibility of putting a parking deck over Chauncey Swan parking lot, Larson asked how immediate the Impact on downtown parking would be If development were allowed south of Burlington Street. Atkins asked Council if development south of Burlington Street should be pursued and, If yes, what type of development. Balmer stated he would like to see a combination of residential and office use south of Burlington Street. Atkins said development of Parcel 64 -IA may be more retail oriented and it may be desirable to make decisions about expanding south of Burlington Street simultaneously with Parcel 64.1 A. Atkins said the marketing of Parcel 61-A could be influenced south of Burlington Street development. DOWNTOWN DEVELOPMENT/SOUTH OF BURLINGTON DEVELOPMENT: 977 Council Goal -Setting Session May 23, 1989 Page 3 Atkins asked Council for direction regarding the type of development that should occur south of Burlington Street. Horowitz stated potential retail business could be thrown away if retail is excluded from the area. Atkins raised concerns about allowing retail development south of Burlington Street because it would create different pockets of activity and would exacerbate the parking problems. Kubby noted a portion of Brewery Square remains empty. Ambrisco said i retail uses should not be excluded but office and residential uses should be encouraged. Councilmembers discussed what type of uses should occur south of Burlington Street. Atkins said more stringent regulations could be applied to retail uses. Council agreed development k should be allowed south of Burlington. Council discussed the potential boundaries for expansion south of Burlington Street, McDonald suggested expanding south of Burlington Street to the railroad tracks. Atkins suggested allowing expansion one-half block of Burlington Street to include the high-rise apartments, Mid-America Bank and the church. Council and staff reviewed a map of the area. Horowitz noted concerns about diluting the downtown area j if too much expansion were allowed. Council agreed that Gilbert Street, Clinton Street and If Court Street should be considered as the boundaries for expansion. Larson asked what can be done to protect the Maiden Lane merchants. Atkins said a Maiden Lane proposal and memorandum of understanding are being developed. Atkins said Maiden Lane merchants have been told there needs to be a consensus by the merchants regarding the redevelopment in the area. In response to Larson, Atkins explained Rummelhart's property would remain RM - 145. McDonald asked Councilmembers if the CB -10 zone would apply to the area south of Burlington Street. Larson asked what is different about the CB -10 zone. Davidson said the CB -10 zone Is a higher density. Kubby asked If underground parking would be permitted in the CB -10 zone. Davidson said no. Kubby said there should be some ty requirement. Atkins said the special exception process could be used. Davidsope of parking n said parking -10 zone is established, each parking could be permitted by waiving a requirement and if a CB can be evaluated on a case-by-case basis. Davidson noted Parcel 64-1A may be more marketable if the developer would be permitted to put in parking. Kubby said some type of parking should be encouraged. Davidson stated if the private sector is allowed to provide private parking, it becomes more difficult for the City to manage the downtown parking system. Davidson stated in the CB -10 zone, because the density of development is so great, it is difficult to provide parking directly adjacent to the use. McDonald stated CB -10 zoning will not allow some types of development. Larson said a certain amount of parking should be required. Horowitz asked if CB -2 zoning would be appropriate. McDonald said CB -2 zoning would be too stringent. Atkins stated staff could look at a zoning between CB -10 and CB -2. Council and staff discussed if a market study is necessary. Davidson explained someone from outside could bring in the expertise to determine what Iowa City's market is. Atkins said staff can develop general Ideas and Iowa City has the ability to readjust at some time in the future. Horowitz asked If the Downtown Association could assist with the market study. McDonald stated they view it as being the City's responsibility. Atkins said staff can assess the downtown area and develop options for development south of Burlington Street. Atkins said he is not convinced a market study is needed. Horowitz said a professional consultant is needed to provide hard data, Including information about the Impact of expansion on Brewery Square or what type of office uses should be encouraged in the new CB -10 zone. Councilmembers discussed the need for a market study. Horowitz emphasized this is a major 9 77 Council Goal -Setting Session May 23, 1969 Page 4 policy that is going to affect the downtown area. McDonald said a majority of Council wants staff to proceed to prepare a report regarding expansion south of Burlington Street and to consider Clinton Street, Gilbert Street and Court Street as the boundaries for expansion. E Courtney asked that parking needs be addressed in the report, including using Chauncey Swan for additional parking. Atkins said an engineering study can be done to see what type of parking structure can be built over the Chauncey Swan area. Larson stated the loss of parking from Parcel 64-1A and the old library lot should be considered. Atkins summarized that Council wants a report on monthly parking permits and expansion south of Burlington Street should be pursued, but not as a pure CB -10 zone. Kubby asked what should be done about the Breese and Bell proposal. Atkins stated staff can quickly prepare Information regarding the area south of Burlington Street expansion. McDonald said decisions about the Breese and Bell proposal would wait until staff presents a report about expanding south of Burlington Street. North Unn Street Area/Brewery Square Atkins noted these are little areas of development and that whole area needs to promote itself. Issues of Concern by Counciimembers Kubby asked if a moratorium on development could be placed on properties that are environmentally fragile until new environmental regulations are developed. Ambrisco asked if there would be a problem with a taking if people are told their property can be developed. Balmer said he would like Council to address this issue before the next construction season. McDonald requested that Timmins prepare a short memo. Balmer stated the Iowa City, Coralville and University of Iowa transit systems need to be discussed at the JCCOG level. Balmer noted major long-term expenditures are being proposed for those systems and consolidations and/or changes are needed. Kubby said the City has only spent $25,000 of the $40,000 in money received from the $1.50 dumping fees. Kubby asked if the remaining funds could be used to establish a recycling pilot program. Atkins stated a recycling resource agenda is being packaged together. Courtney noted he does not like to receive anything in his Council packet that is unsigned The meeting adjourned at 6:30 p.m. 9;'7 Informal Council Session June 12, 1989 Informal Council Meeting: June 12, 1989, at 7:05 p.m. in the Council Chambers. Mayor John McDonald presiding. Councilmembers Present: Larson, Kubby, Horowitz, Balmer, Ambrisco, McDonald, Courtney (7:13 p.m.). Staffmembers Present: Atkins, Timmins, Karr, Hailing, Winkelhake, Schmetser, Fowler, Vitosh. Taoe-recording: Reel 89-32 Side 2, END -1; Reel 89.36 Side 2, END -1; Reel 89.38 Side 1, 1- 468. E-911 CONSULTANT STUDY: Dick Myers Reel 89.32, Side 2 Dick Myers reported the E-911 Ad Hoc Committee on Communications recommends that Ronald Vegemast Engineering, Inc, be hired as the consultant to do a formal evaluation on the communications system. Myers stated Ronald Vegemast Engineering, Inc. submitted a bid, approximately $29,000, plus expenses - not to exceed $4,000. Myers stated the proposal was to have Iowa City and Johnson County share the cost. Myers stated there needs to be a 28E agreement between the City and County on expending the funds and it also needs to be determined who the local project manager should be. Myers and City Council discussed the need for a project manager. Horowitz stated the project manager should be a staff person that would be accountable to the Board. Atkins noted that City and County would be better off having one contact person. Kubby Inquired about the costs that are fixed to the consultant plus staff time. Kubby asked how much staff time and whose time is going to be Involved. Atkins stated staffpersons will be interviewed by the consultant and it would be difficult to estimate the amount of staff time needed. Jo Ulledahl stated the consultant will Interview staff at the two dispatch centers and ask dispatch center staff to keep track of what they are doing. Larson asked if the choice of the project matter can be resolved by the E-911 Ad Hoc Board. Myers stated it could. Horowitz asked If the University of Iowa will contribute to the cost of the consultant. Myers explained there are about 50 trunk lines running Into the University of Iowa that have 3,000+ phones that would get the E-911 service and the University of Iowa is going to have to be negotiated with for a lump sum payment. Horowitz asked why the University of Iowa was not paying a portion of the cost for the study. Myers explained the University of Iowa was not asked to contribute to the cost of the study, a University of Iowa vice-president, Fred Harris, is on the 911 Ad Hoc Committee, and the University of Iowa's role In the E-911 will be more than just a charge for a phone line. Myers stated the University of Iowa will have to pay more because their Impact on service will be much more than the number of lines they have. Kubby Inquired about the consultant experiences regarding cost overruns. Myers stated the County does not tolerate cost overruns. Council agreed with the E-911 Ad Hoc Committee's recommendation to hire Ronald Vegemast Engineering, Inc. and allow the Committee to choose the project manager. Atkins noted a Memorandum of Understanding could be used regarding the City and County's payment for the study. Horowitz raised concerns regarding the University of Iowa paying for their share of the project. s /f Minutes Informal Council Session June 12, 1989 Page 2 PLANNING & ZONING MATTERS: A. C. Reel 89.32, Side 2 Schmeiser explained the property owner lives in the northwest corner of the east -west alley and the property owner to the south is opposed to that vacation. Schmeiser said there would be a number of people deprived of access to Summit Street N that alley were vacated. Balmer asked if a request is made similar to this item, it is automatically presented to the Planning & Zoning Commission and City Council. Schmeiser stated that H someone presents an application and pays the application fee, it automatically goes to the Planning & Zoning Commission, then City Council. Schmeiser explained that the City Council at one time did not want these items placed on the Council's agenda for consideration unless the applicant requested that it proceed after the Planning & Zoning Commission's consideration and recommendation for denial. McDonald stated previously once an applicant received a decision from the Planning & Zoning Commission, then it was up to the applicant to request to submit it to City Council. Schmeiser stated staff can return to that policy. The City Council agreed to return to the former policy. Larson stated he agrees with the former policy, but the applicant should not be forced to make a decision right away upon the Planning & Zoning Commission's no vote - allowing 30 days after the Planning & Zoning Commission's rule to decide g they want to proceed with it or not. Schmeiser stated the new and revised copies of the Comprehensive Plan will be presented prior to Council's formal meeting tomorrow evening. Schmeiser explained that staff presented Council with an ordinance in January to reduce the requirements for small child care providers who cared for six or fewer children; at that time there was a request to allow for certain exceptions to be made for nighttime providers to eliminate the requirement for house calls; and the Planning & Zoning Commission has recommended an ordinance for Council's consideration which would eliminate the requirements for small child care providers from those requirements pertaining to child care facilities, expand the hours of operation for all home occupations, and allow all nighttime providers for child care facilities to not be subjected to house calls through the special exception process. Minutes Informal Council Session June 12, 1989 Page 3 A E. F. G. Schmeiser noted a comment was received from an adjacent property owner who doesn't front on that street concerned about private road access across the front of Loos Street. Schmeiser stated staff will be sure that property owner rights are protected before the ordinance is presented for final consideration. No Council comment. (Gary and Ralph Freeman) (V-8901) Kubby inquired about the conservation easements. Schmeiser explained a property is private property, but the City will retain an easement which would allow the City access onto the private property to maintain and clean out the creek. Schmeiser explained the Freemans, who own the property at the northwest corner of Lafayette Street right-of- way and Gilbert, wish to construct an office building on the land which they presently own and on the Lafayette Street right-of-way which they wish to purchase. Larson asked If the City would be better off to require them to dose the street. Schmeiser stated the Freemans propose to use part of the street as their actual driveway entrance to the property on Gilbert Street. Consideration, and Ralph Schmeiser explained the portion of Lafayette Street right-of-way west of Ralston Creek Is an area the City wishes to combine with Parcel C and sell for development purposes. In response to Larson, Schmeiser staled one of the concerns people looking at the property raised was the limited exposure to Dubuque Street and this will provide better exposure by allowing development on that right-of-way. Kubby asked if 15 percent of the proceeds from selling the property go to human services. Schmeiser stated the proceeds from the funds go back into the CDBG program. Minutes informal Council Session June 12, 1989 Page 4 H. Larson asked why the property owners did not know about the easement. Schmelser stated the title opinion examiners should have notified them. Schmeiser noted the walkway was shown on the final plat. Schmeiser stated the staff and Planning & Zoning Commission did recommend the easement for the crosswalk not be lifted to allow better access to the park, to provide good access to the commercial are to the north and to provide for good pedestrian internal circulation in between the blocks. Balmer asked whose responsibility it is to keep the snow removed. Schmeiser stated the adjacent property owners. Courtney inquired about the stormwater retention system. Schmeiser stated the basin in the back yards of the four lots Is part of the stormwater system and where the crosswalk is, there is actually an overland flowage easement that provides access for the stormwater to the stormwater detention basins to the west. Courtney stated that according to neighbors, the beehives do not work properly. Schmeiser stated an alternative would be to put in a tile. In response to Ambrisco, Schmeiser stated the easement is 10' wide and the width of the cement is 4' wide. Horowitz commented that crosswalks in other neighborhoods have created neighbor- hood cohesiveness. Larson questioned whether property owners in the neighborhood wanted the crosswalk. Staff and Councilmembers discussed the need for the crosswalk. Schmeiser said the ordinance states that crosswalks should be provided where blocks are over 800 feet in length. Courtney stated he wanted to know If there is anything in the Stormwater Management Ordinance that would contradict the placement of the crosswalk. McDonald stated a public hearing will be held at tomorrow's formal Council meeting. Schmeiser presented a plat map of Oberlin Estates. Larson noted the plat stated there is a requirement that parking not be allowed on the inside curb. Ambrisco asked who Is responsible for the area contiguous to the stormwater basin. Schmeiser stated the area was made the responsibility of the property owner. Ambrisco asked why there isn't a sidewalk along Oberlin. Schmeiser explained that area is a platted lot. Horowitz stated the Issue of installation of sidewalks at vacant lots should be discussed. Schmeiser stated staff will be addressing that issue in the revised subdivision standards and subdividers have one year after the approval of the plat to Install sidewalks. If they don't within the one year period, it becomes a lien against the property for that Installation. Schmeiser noted h sidewalks are Installed before the house Is built on the lot, chances are sidewalks will be torn up. Staff and Councilmembers discussed the need for sidewalks. Larson inquired if this Item has received substantial neighborhood opposition. Schmelser said it had not. Schmeiser explained this item is for four two - unit condominiums and four buildings on four lots and overall it's a better development. Kubby Inquired if the plans specify where trees are and which trees are going to be kept. Schmelser said no, unless it were made a requirement in the plan. Minutes Informal Council Session June 12, 1989 Page 5 J. K. L. INTERSECTION. (Second Consideration - S-8910) Schmelser noted the developer has asked for expedited consideration to give third and final reading to the ordinance. Balmer asked if items listed on page four regarding subdivision regulation compliance have been addressed. Schmelser said all the deficiencies have been corrected and the plat meets staffs satisfaction entirely. Schmelser noted the resolution does provide for three modification requirements, Including the block length. The ordinance specifies that no block shall be less than 400 feet In length or longer than 1,000 feet. Staff and Councilmembers reviewed a plat map of the area. Schmelser noted that Cherry Avenue Is now being proposed as a collector street and will meet the collector street standards. Schmeiser stated the applicant has also requested expedited action to give third and final consideration. i No Council comment. i M. RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION THAT PARKING BE RESTRICTED TO ONE SIDE ONLY ON ALL CUL -DESACS WITHIN PEPPERWOOD ADDITION. PART 8, Schmelser stated the Planning and Zoning Commission recommended to prohibit parking on one side of the cul-de-sac - the elongated portion of the cul-de-sac. McDonald asked if cul-de-sac was of standard width. Schmelser stated the street width is 28'. Schmelser noted problems are created when parking is banned on one side of the cul-de-sac. Schmelser stated staff would not recommend banning parking unless It becomes a problem. N. ORDINANCE TO REZONE_ APPROXIMATELY 28 ACRES ALONG HIGHWAY i WEST FROM 1-1 TO CC -2. (Westport Plaza/Joseph Company) (Passed and Adopted - Z - No Council comment. See discussion after Item Q. 6 Minutes Informal Council Session June 12, 1989 Page 6 19 P. AT PART 1. (Westport Plaza) (5.8906) Schmeiser noted anytime land is subdivided into more than two parts, a subdivision is required for approval by the City. Se further discussion after Rem O. No Council comment. Schmeiser stated the Planning and Zoning Commission recommended to provide a walk light. Staff does not endorse this recommendation because R would be subjecting the City to additional liability to provide a walk light across the highway. Horowitz raised concerns about lack of planning for sidewalks and walk lights. Schmeiser stated staff proposes phasing R in. Horowitz asked R there are going to be sidewalks. Larson stated that issue needs to be discussed. N. ORDINANCE TO REZONE APPROXIMATELY 28 ACRES ALONG HIGHWAY 1 WEST FROM 1-1 TO CC -2 CONTINUED. (Westport Plaza) (Passed and Adopted - Z-8902) Kubby stated this Rem needs to be discussed. McDonald stated this item should be discussed during Council's formal meeting. 0. RESOLUTION APPROVING THE AMENDED PREI IMINARV PI AT FnR R11139F12T PART 1. CONTINUED (Westport Plaza - 5.8906) Kubby inquired about the need for the IDOT approval for final plat. Schmelser said IDOT would have to approve the intersections. Kubby inquired about signing of the development and raised concerns about the signs being constructed in the entranceway Into the city. Schmelser explained through the conditional zoning provision that Council will be approving the development will only be permitted not more than two free- standing signs and those free-standing signs have to comply with the requirements of the Zoning Ordinance in terms of size - 125 square feet per sign face. Schmelser stated the developer can also have facia signs. Staff and Councilmembers discussed signage. Schmelser noted that one of the conditions Is that there be no signing on the north side of Wal-Mart nor on the west side. Schmelser Informed Council that if Council chooses to defer Item No. N, then Council must also defer Rem No. P. 1 Minutes Informal Council Session June 12, 1989 Page 7 R. S. T U. No Council comment. Schmelser presented a plat map. In response to Larson, Schmelser noted the subdivider has agreed to provide the sidewalk and that is provided for in the Subdivider's Agreement. utVtLUPMENT PLAN FOR SYCAMORE MALL (McDonald's) (S-8918) Schmeiser noted this plan is for development of a McDonald's restaurant. Balmer Inquired about the underground gas tanks. Schmelser stated one of the reasons McDonald's is moving the building slightly is because there has been some spillage in the past. Ambrisco Inquired about the underground tanks located at the corner of First Avenue and Muscatine. Ambrisco asked If there is an ordinance or State law that requires the ground to be vented, Timmins stated there are wells there to check the groundwater to determine if there is any remaining contamination. Horowitz asked If staff has considered looking at the Sycamore Mall area in terms of sidewalks. Schmeiser stated sidewalks cannot be required as part of this development and ff sidewalks became necessary, special assessment procedures could be used. Horowitz stated there are no sidewalks or crosswalk indicators In the area making it difficult for Mark Twain students to walk to the Mercer Park area. Horowitz requested staff to consider the Issue of sidewalks in the Sycamore Mall area. Schmeiser stated the Issue is secondary access. Schmelser stated the Planning & Zoning Commission did recommend approval of this plat provided reflectorized break- away bollards are provided through a secondary access route connecting to Prairie du Chien Road. Schmeiser said Syril Drive wasn't acceptable to staff as a secondary access. Schmelser stated staff recommends that Syril Drive not be used and that no further development take place at all until there is some legitimate means of secondary access. Staff and Councilmembers discussed the Issue of secondary access. McDonald stated the secondary access Issue should be scheduled for discussion. Courtney asked if the only reason staff has taken a position against Syril Drive as a secondary access Is because It's on a curve. Schmelser said yes because of the 1/l Minutes Informal Council Session June 12, 1989 Page 8 dangerous approach to the secondary access. Balmer asked how many more lots is there potential for. Schmeiser stated there are 80 acres in the area. Staff and Councilmembers reviewed the map of the area. Horowitz asked when Council should take a stand on the secondary access issue. Atkins stated this development is outside " the city limits and suggested Council take a stronger stand on the secondary access Issue on development within the city limits. Council agreed to proceed with the development. V. Schmeiser stated this is consistent with the financial plan set out in the budget approved by Council. Schmeiser noted the fee schedule is attached to the resolution. W. Schmeiser explained staff looked at hours for house calls for childcare facilities and approached the Planning & Zoning Commission with a proposal to extend hours of operation - not the hours for house calls for neighborhood centers. Schmeiser stated the Planning & Zoning Commission wishes to wait until the neighborhood centers are established. PREVENTIVE MAINTENANCE - PARKING RAMPS: Reel 89-38, Side 1 Finance Director V'dosh stated Shive-Hattery compiled the report and Parking Supervisor Joe Fowler is available to give Councif a brief overview. Fowler stated the report said both ramps were in good condition and teat this is just a continuation of preventive maintenance. Fowler said City staff now works with Shive-Hattery. Fowler explained the Capitol Street ramp has several areas of minor spelling and a few of the expansion joints are starting to pull away from the concrete slabs. Fowler explained the Dubuque Street ramp has a problem at the east end of level two. Fowler explained there have been several different theories regarding what the problem Is: 1) wrong aggregate was mixed Into the concrete; 2) the concrete pores at the time of construction got rained on. Fowler explained Shiva-Hattery recommends that the City removes the top layer of concrete to get down to good concrete and then come back in and put an overlay over ft. Fowler explained the problem with the Dubuque Street ramp was identified before the City took possession of the ramp. Fowler reviewed previous repair work done on the ramp. Larson Inquired about warranty for the Dubuque Street ramp. Fowler explained when the problem was initially Identified it was worked out between the City, Carl Walker & Associates, and Knutson Construction for repair of the problem. Also in response to Larson, Fowler explained staff had been looking for the broken pipe in the Dubuque Street ramp and water ponds on both ramps creating drainage problems. Ambrisco asked what the white polyester material was that deposits onto cars. Fowler explained styrofoam was put in between the pores of concrete in the ramps. Courtney Inquired about the bond covenants requiring the City to set aside $60,000 each year for maintenance. Vitosh explained the City had at the beginning of the fiscal year $140 in that fund, the City had incorporated and amended the FY89 budget to add the transfer of $350,000 because the balance in the parking operations has been building up, and the City's revenues have been coming in higher than originally projected. Vitosh stated it is projected by the end of this year that one-half million _:r- /10 Minutes Informal Council Session June 12, 1989 Page 9 dollars will be in the improvement reserve and in future years, the City Increased that transfer from parking to $260,000 per year. Vitosh noted the improvement reserve fund will not only cover additional maintenance costs, but will also be used for future parking construction. In response to Courtney, Vdosh stated the City will start paying the principal on the bonds this fiscal year and will run another 17 years. Balmer inquired about the $9,500 cost for a $77,000 project. Atkins stated this Is a muni -year plan. Vitosh said the smaller the dollar size of the project, the higher the percentage. V'rtosh stated $9,500 will pay for bids and specs, bidding out and on -she Inspection during construction. Larson asked for information regarding warranty for the parking ramp structures. COUNCIL TIME: Reel 89.38, Side 1 Kubby noted she will be late to the executive session scheduled for 7:00 p.m. June 13, 1989 (prior to formal session). The meeting adjourned at 9:07 p.m. I I�