HomeMy WebLinkAbout1989-07-25 Council MinutesInformal Council Session
June 26, 1989
Informal Council Session: June 26, 1989, at 7:04 p.m. in the Council Chambers. Mayor Pro
Tem Courtney presiding.
Councilmembers Present: Kubby, Horowitz, Larson, Courtney, Balmer. Absent: McDonald,
Ambrisco.
Staftmembers Present: Atkins, Karr, Timmins, Smith, Schmeiser, Schmadeke, Franklin, Moen,
Pelkey, DeLong.
Taoe-recording: Reel 89-38, Side 1, 468 -END, Side 2, END -1; Reel 89-40, Side 1, 1 -END, Side
2 END -1; Reel 89.41, Side 1, 1-217.
CONSENT CALENDAR:
Reel 89.38, Side 1
Council agreed to add a Class "C" Liquor License for S&D Iowa City, Incorporated dba Studio
114 to the agenda.
PLANNING & ZONING MATTERS: Reel 89-38, Side 1
A. PUBLIC 14FARINr. Fno _ it it v ., ,moo
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A.
See Item B.
Schmeiser stated that since the building proposed will be more than ten percent of the
existing total floor area of the buildings on the property, the property is required to
comply with the tree regulations of the Zoning Ordinance, street trees, in particular, are
required along Gilbert Street, Kirkwood Avenue, and First Street. Schmeiser explained
the ordinance requires that street trees be planted along the right-of-way, not within the
right-of-way. Schmeiser explained if the trees are to be planted along the right-of-way,
it will require, in this case, removing substantial portions of concrete for the planting of
the trees.
u•vmu VIW1 Ur t3ILtit:HI STHE (V-8904)
Schmeiser explained the City would vacate all of First Street except the portion
necessary to provide access to the IDOT office; Council received a memo from Barry
Beagle addressing the Nagle Lumber situation; and the Nagle Lumber Issue has been
resolved. Kubby Inquired about the three non -conforming trees. Schmeiser stated
those are the proposed trees, one of which would have to be eliminated to comply with
the spacing requirements of the tree regulations. Larson inquired about Nagle Lumber
t.
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Iowa City City Council
June 26, 1989
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Company and whether it had an interest in a portion of the right-of-way, to which
Schmelser reported that it didn't. Schmeiser stated the City is trying to work out an
exchange for the right-of-way to secure permanent easements for existing sewers
located on the property. Kubby asked how many trees will need to be placed along
First Street. Schmelser stated if the street is vacated, street trees will no longer be
required for that portion being vacated and that will decrease the number of trees
required along the remaining portion of First Street. Schmeiser noted the applicants
now show compliance with the tree regulations and minor amendments which can be
handled administratively will show the adjustment in the location of the trees on the first
street right-of-way being vacated. Kubby Inquired about the required number of parking
spaces. Schmelser stated that since the applicants are not expanding by more than
50 percent of the total floor area of the buildings on the property, they are not required
to comply with the total number of required parking spaces, but only for that proposed
buildng needed to
Schmelser statedttherees If the not a setback k requirementebuttback from the applicants lston Creek.
do have to
comply with the floodplain regulations and the first floor elevation cannot be above the
level of inundation of the 100 year frequency flood.
PUBLIC HEARING ON A RESOLUTION ADOPTING THE 1989 COMPREHENSIVE PLAN
UPDATE.
See separate discussion.
Schmeiser explained that Paul and Joan Victor are the petitioners who have pointed out
a problem regarding traffic in the alley. Schmelser stated the problems expressed by
the Victors should be reviewed and a study developed. Schmeiser said the problems
are: 1) thru traffic is encouraged by traffic on Governor Street wanting to get to Summit
Street, cutting through the east -west alley, and 2) there is a north -south alley that
Intersects with this east -west alley at the mid -block between Summit and Governor
Street and at the end of the north -south alley is a large apartment complex. Schmelser
noted x does
ve access to Governor Street and need not
accsstthis nhe orth-south alley. Schmelser stated the Planning & Zoning Commission did
recommend the matter be referred to the appropriate staff for review and report.
Schmelser recommended Council refer it to the Traffic Engineer. Council discussed
traffic problems in the alley. Larson stated he favored a traffic survey Including looking
at Governor Street. Schmelser stated Council can hold a public hearing, close the
public hearing, defer action and refer the matter to the Traffic Engineer or proceed
through the public hearing and subsequently deny the ordinance vacating the alley.
Schmelser stated staff opposed the vacation of the easterly portion of the east -west
alley. Schmelser stated If Council proceeded to give the ordinance first consideration
and denied it, then the application is denied.
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E.
F.
G.
RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION THAT A STUDY
OF TRAFFIC CIRCULATION ON THE EAST -WEST ALLEY BETWEEN SUMMIT AND
GOVERNOR STREETS BE CONDUCTED.
See above item D.
TIONS,
Schmelser stated in January staff presented Council with an ordinance reducing
restrictions on small care providers, providing care for six or fewer children. Schmelser
stated at that time there were concerns about nighttime providers and the hours for
house calls. Those concerns were referred back to the Planning & Zoning Commission
with a proposal by staff to expand the hours for house calls for nighttime providers.
Subsequent recommendations were made to Council as follows: 1) remove the
restriction on small scale providers from having to file a special exception for approval
by the Board of Adjustment, 2) hours for house calls for home occupations be extended
from 7:00 a.m. to 10:DD p.m., and nighttime providers be allowed to have house calls
all night long through the special exception process. Schmeiser stated the child care
providers raised concerns regarding the application fee. Schmelser said they felt the
application fee for the special exception was too high, but the Planning & Zoning
Commission chose not to address it. Schmelser suggested the Council could waive
or reduce the fee for small care providers, but suggested not doing so for child care
facilities in general. Horowitz stated the whole issue of child care and small care
providers Is growing and many Issues will need to be addressed in the future. In
response to Balmer, Schmeiser stated this is strictly for nighttime small care providers,
six or fewer children; there would be no special exception requirement for small care
providers that are daytime providers. Balmer asked how the $265 special exception fee
was established. Schmeiser stated staff initially prepared a study approximating the
number of hours spent processing applications. Council discussed the special
exception process as It applies to the small care providers. Schmelser stated if Council
were to direct staff to change the fee structure, staff would present Council with a
resolution to waive or reduce the fee. Balmer raised concerns about setting a
precedent for the change in fee structure.
TIONS.
See above Item F.
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IN
Schmelser stated last December the City Council vacated the street and now the City
has received an offer to purchase the rightof-way. Schmelser stated that acquisition
Is subject to a legal survey of the property and easements being established for
drainage, sanitary sewers and access. Schmelser stated there was an adjacent property
owner who was interested in maintaining private access rights across Loss Street for
a private drive that presently exists and this easement for access will allow her to
traverse across Loos Street once It is disposed of to adjoining property owners. Mr.
Jack Moyers, a property owner abutting the street, asked how much of Loos Street is
going to have to be accessed by Mrs. Perrin. Schmelser stated a survey will need to
be done to make that determination. Courtney noted a public hearing will be held at
Tuesday's formal Council meeting.
I. ORDINANCE VACATING PORTIONS OF LAFAYETTE STREET. (Agenda items 1, j, k)
Schmelser explained the Initial request to vacate Lafayette Street was made by Gary and
Ralph Freeman who are interested in constructing an office building on their own
property and a portion of Lafayette Street. Schmelser stated the only concern raised
by staff was the offer received by Freemans for the amount of $1,Doo or 10.570 per
square foot. Schmelser stated Council received a copy of a letter from Monica Moen
to Freemans suggesting that offer did not approximate fair market value. Schmelser
stated recent purchases by the City for property have been for 850 to $2.00 per square
foot. Schmelser stated the fair market value is the amount established by the willing
buyer and seller. Larson asked what were the parcels paid for by the City. Schmelser
stated parcels were located on Benton Street for the sewer project. Larson asked if it
were possible or legal for the City to consider that the Freemans are proposing to take
a piece of the street that is closed off and the City does not use and convert it to a
property tax property. Schmeiser said, "I think so." Schmelser stated staff could
probably prepare something that could approximate fair market value. Courtney asked
If there are any other comparisons. Schmelser stated the City has a number of
comparisons, but in no case has the City either bought or sold land at 10.50 per square
foot. Schmelser asked Timmins what has been the going price for easements. Timmins
stated for farmland for permanent easements, the City has been using 90% of fee value,
but ft depends upon the nature of the farm ground. Timmins stated staff could prepare
a list of comparables based on City acquisitions. Atkins asked if the Intent to convey
automatically establishes a dollar figure. Timmins explained normally the dollar proposal
made by the applicant is what is put Into the Intent to convey and resolution for
publication for the public hearing and that gives the public the opportunity to object or
make a higher offer. Timmins stated as the result of a public hearing if Council wants
more money per square foot, that can be communicated to staff. Schmelser stated staff
can prepare additional Information. Gary Freeman presented information regarding his
proposal to acquire the property. Freeman stated only 3,900 square feet is usable for
a parking lot because the CRANDIC railroad runs through the property. Kubby asked
Freeman if the $1,000 offer is negotiable. Freeman stated no. Courtney noted a public
hearing will be held at Council's formal meeting on Tuesday.
Iowa City City Council
June 26, 1989
Page 5
L ORDINANCE VACATING A PUBLIC WALKWAY EASEMENT LOCATED BETWEEN LOTS
26, 27, 46 AND 47 OF PEPPERWOOD ADDITION. PART 2.
Schmeiser stated the purpose of the walkway was to provide for Internal circulation and
access to the park to the south and the commercial area to the north. Schmeiser
stated staff and the Planning & Zoning Commission have recommended to retain the
easement. Schmeiser explained that according to subdivision regulations, sidewalks are
required to be constructed by the developer within one year after the date of approval
of the final plat and if the developer sells those lots, that obligation passes on to the
private property owner. Councilmembers discussed the need for a sidewalk. Larson
stated the sidewalk is not needed for internal circulation. Horowitz stated she did not
see any compelling reason not to require the sidewalk. Courtney asked why the
sidewalk was not constructed within one year after it was approved. Schmeiser stated
whenever a sidewalk is not constructed within one year of the date of approval of the
final plat, a lien is then placed against the property; it Is the Building Division that places
liens on properties at such time as the building permits are issued. In this case, there
were no liens placed on the property. Schmeiser explained the reason the Building
Division was not Interested in placing liens on the property at this time was to allow the
property to be developed without destroying a sidewalk installed before construction.
Courtney asked if the easement could be retained and, through an agreement, require
a sidewalk If a school is built. Schmeiser stated that option Is not in the ordinance, but
staff could present Council with an amendment to the current subdivision regulations.
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Schmeiser noted the applicant has requested expedited consideration by waiving three
considerations. Courtney noted that not all three considerations can be waived.
In response to Larson, Schmeiser stated the proposed location of a tree within the
floodplain crossing the property was moved.
No Council comment,
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Kubby asked if there was a problem with placement of the driveway, Schmeiser said
no.
REGIONAL COMPREHENSIVE SOLID WASTE PLAN:
Reel 89.38, Side 2
Bob Ramsey presented information regarding the Regional Comprehensive Solid Waste Plan.
Bamsey stated the basic intent of tonight's presentation is to provide the status report of the
Regional Comprehensive Solid Waste Plan and solicit input. Bamsey noted Councilmembers
received the East Central Iowa Council of Governments Regional Comprehensive Solid Waste
Management Plan Status Report No. 1. Bamsey stated there has to be public Input,
awareness, education and public support of the program.
Bamsey used overhead projection presentation to present information about the project
flowchart, data collection, compost, recycling and energy recovery. Bamsey stated that he has
completed data collection and is now Involved in analysis. Bamsey reviewed the specifics of
the ECICOG Solid Waste Pian. Bamsey stated the study area Includes a six -county area and
there are nine current landfills. Atkins asked if there is a commitment by ECICOG that there
should be a solid waste authority. Horowitz stated no, that is one of the issues that needs to
be addressed. Atkins raised concerns that at each of the landfills there is a different level of
public investment and he is unsure if Iowa City should turn over their landfill which has a high
level of public Investment. Atkins stated that a regional legislative authority Is needed with
regard to the waste stream. Bamsey stated waste stream control and market and public
support are needed. Bamsey noted that one of the other areas of discussion by the
Committee was the liability associated with everyone else's landfill.
Bamsey presented information regarding the waste stream analysis. Bamsey stated there is
an average of 1,000 tons per day of waste stream and Johnson County/Iowa City has 250 to
300 tons per day. Bamsey said a system will need to Incorporate analysis of transportation
costs, transfer stations, and sub -regional systems or facilities. In response to Kubby, Horowitz
noted that the study is a slice in time and the charge was notto continue to gather data,
Atkins said the report brings all the elements Into the document, but the analysis has yet to
occur. Bamsey stated the Committee is currently working in the analysis phase and one of
the elements Involved is public Input. Horowitz noted a meeting is scheduled for July 5 to
receive public Input. Atkins stated the report is an agenda that itemizes what the issues are
and the biggest concern is the authority. Horowitz stated a big concern is how do you
regulate the whole thing. Atkins asked if ECICOG is going to recommend the authority.
Larson asked when Council is going to get staff Input and schedule this item for discussion.
Atkins stated Iowa City Is moving ahead. Horowitz stated that JCCOG must reach a
consensus on the concept of regional planning before July 27. Balmer stated the City Council
needs to schedule a meeting devoted to this Issue. Kubby stated Environmental Advocates
would like to present information and ask questions. Courtney noted Environmental Advocates
has a list they are going to present to Council. Council discussed when various aspects of
the plan should be Implemented.
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June 26, 1989
Page 7
Bamsey stated the DNR hierarchy establishes that all comprehensive plans will evaluate and
ultimately implement the following alternatives: reduction of source, recycling and reuse, waste
to energy, volume reduction through incineration, and landfill. Bamsey stated the Committee
has prepared preliminary recommendations.
Bamsey reviewed flow charts on compost, recycle and energy recovery. Bamsey stated the
advisory committee recommended looking at voluntary recycling programs. Atkins stated he
preferred mandatory recycling programs. Council discussed recycling. Larson asked how can
programs be made mandatory. Atkins stated that ultimately there will need to be a garbage
police. Bamsey stated there are numerous Incentive programs available, but enforcement of
mandatory programs is a problem. Regarding energy recovery/waste to energy, Bamsey stated
the advisory committee has indicated that incineration would not be a consideration for public
owned and operated facilities, but may be considered for private operation. Bamsey stated
the Committee would consider refuse derived fuel at a sub -regional or regional basis.
Counciimembers discussed the advantages and disadvantages of incineration. Kubby stated
the authority should concentrate on waste reduction.
Nathan Shepherd, representing Environmental Advocates, presented questions and comments
about the Comprehensive Plan Status Report No. 1. Shepherd stated the report does not
provide any concise description of industrial or commercial waste stream or disposal practices.
Coralville Mayor Mike Kattchee presented additional information regarding the ECICOG report.
Kattchee stated the report accommodates legislative requirements of the State. Horowitz
recommended that the City Manager contact other city managers in the six -county area for
direct discussion regarding the authority. Horowitz noted that an ECICOG meeting is
scheduled for July 27, 1989, to adopt the study. Atkins recommended that Council encourage
ECICOG to adopt the study If ECICOG is supporting the general Intent of a regional approach
to solid waste management process. Counciimembers discussed scheduling of the JCCOG
meeting. Courtney recommended that JCCOG reschedule their July meeting to July 19, 1989.
Courtney stated that there will be more opportunity for discussion.
COMPREHENSIVE PLANUPDATE REVIEW: Reel 89-00, Side 2
Franklin noted Councllmembers received her June 22 memo. Franklin stated that two zoning
actions would be initiated by the City as a consequence of the Comprehensive Plan Update
review and approval: 1) rezoning vacant property next to Pediatrics Associates on Jefferson
Street, and 2) downzoning the peninsula area from RS -8 to RS -5. Councllmembers discussed
the zoning on the vacant property next to Pediatrics Associates. Franklin stated that after
neighborhood meetings, the Planning & Zoning Commission decided to retain the commercial
office use designation on the north side of Bloomington Street and the residential designation
on Jefferson Street, with the exception of the vacant lot next to Pediatrics Associates. Kubby
asked if the zoning would be with or without incentives for reduced parking and keeping
residential structures. Franklin stated those incentives are not yet built-in and that would be
In the next step by adopting an amendment to the Zoning Ordinance. Larson inquired about
the zoning on the peninsula. Franklin explained the peninsula area past the Elks Club is
designated ID -RS on the zoning map, but it does not specify the exact density and the policy
Is to have low-density single-family residential on the peninsula. Balmer inquired about zoning
on the north side of Bloomington Street next to Mercy Hospital. Franklin stated north of
Iowa City City Council
June 26, 1989
Page 8
Bloomington Street is the original - commercial office use designation. Franklin noted that
because of the hospital on Bloomington Street, it was natural to have commercial office across
the street. Councilmembers discussed zoning on Jefferson Street. Courtney asked If any Input
was received regarding the change In the peninsula land use designation. Franklin stated no,
that input received at neighborhood meetings at Shimek School regarded concerns to have
the environmental regulations in place. Balmer stated he would like to see the environmental
regulations addressed and put in final form. Franklin stated "Schmeiser and I are in the
process of working out priorities for the Planning Division and after the Comprehensive Plan
review, environmental regulations and subdivision regulations were the next major project."
Horowitz stated environmental regulations needed to be addressed more in the Comprehensive
Plan Update review. Kubby asked what was the Comprehensive Plan status on properties on
Iowa Avenue. Franklin stated map changes included the Westport Plaza and land usage at
the Press -Citizen area and west side Clear Creek area.
COUNCIL AGENDAMME:
Reel 89.40, Side 2
1. Balmer stated that businesses and individuals who were directly affected by the solid
waste management program should be contacted to get input and response.
Councilmembers discussed the tire pickup program. Atkins stated that it will cost $2
per tire or So per pound. Kubby raised concerns that contracts with companies require
companies to own or exclusively lease the equipment. Atkins said that requirement is
needed so there is commitment that they will stay in business.
2. (Agenda Item No. 14 - Contract for Central States Can Co.) Balmer asked if Council Is
approving this amount. Atkins stated he Is assuming it will all come together.
3. Larson Inquired about the Melrose Ave./Grand Ave, crossing. Atkins said the Melrose
crossing Is close to warranting a traffic signal and he will discuss the Issue with Traffic
Eng. Brachtel.
4. Larson inquired about the status of the Cliff Apartments erosion problem. Larson asked
If the developer, Jim Glasgow, is required to fix the problem or be in contempt of court.
Timmins stated the problem is the remedy that was ordered was to fox it and there Is
not an engineer around that can tell the developer what to do to fix It. Timmins said
before the City can obtain an order ordering him to do something, the City has to have
an engineer to tell the City what he can do to fix the problem. Larson stated he
thought Iowa City had the order to require the developer to fix it. Atkins stated it is an
administrative question. Councilmembers agreed the next step should be taken.
S. Timmins presented Council with an addition to the agenda as follows: the resolution
authorizing the City Manager to make an amended offer to purchase for Parcel 3....
Timmins noted this Is a revised offer for Plum Grove Acres to increase the purchase
price by $1,000 and to upgrade the driveway entrance Int the property. Karr noted this
addition will be Item No. 23.
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Page 9
(Agenda Item No. 21 - Acquisition of remaining temporary construction easements and
Permanent sewer easements for the Southeast Interceptor Construction Project)
Timmins noted that Council received a revised exhibit with the property acquisition
values for remaining Ralston Creek sewer project property.
APPOINTMENTS:
Board of Adjustment - Ernest Geier
Council discussed public recognition and recruitment of Commission members.
The meeting adjourned at 9:55 p.m,
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OFFICIAL COUNCIL ACTIONS - 7/11/69
The cost Of publishing the following proceedings and
claims is $ . Cumulative cost for this calendar year
for said publication Is —$
Iowa City Council, reg. rrhg., 7:30 p.m at the Civic
Center. Mayor McDonald presiding. Councilmemberspreserd:
Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson,
McDonald. Absent: None.
The Mayor presented special recogni8on to the Knights
Of Columbus for the contribution of $530 to purchase a
McGrurf, the Crime Dog suh, for use by the Police Department;
Brian and Diana Grassi, Kerducky Fried Chicken, for the
contribution of $2,000 to the D.A.R.E. program; Department of
Parks and Recreation employees: Andy Christiansen, Janet
EllerbrocK Trevor Nobel, and Melissa Summers for actions
which contributed to saving a life; and to Police Ortk;ers Daniel
Dreckman and Charles Singleman for alding a heart attack
victim.
Mored and seconded that the following hems and
recommendations In the Consent Calendar be recelved, or
approved, and/or adopted as amended:
Approval of Official Council Actions of the
regular meeting of 6/27/69, as published, subject to
correction, as recommended by the City Clerk
Minutes of Boards and Commissions: Human
Rights Comm. - 5/22; Historic Preservation Comm. -
5/10, 6/14; Design Review Comm. - 6/22,
Permit Motions and Resolutions: Class C Liquor
License for The Gas Co, Inn, 2300 Muscatine Ave.
Class C Uquor License for Now Wafts UcL, 928 Maiden
Lane. Class C Liquor License for Golden Oldies, 1910
S. Gilbert StreeL RES. 89.174, ISSUING DANCING
PERMITS. Class E Beer Permit for Peoples Drug
#5281, 121 E. Washington StreeL
Setting Public Hearings: RES. 89.175, TO SET
A PUBLIC HEARING FOR 7/25, ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR STATE HIGHWAY NO. 1 AT
INTERSTATE 80 PAVING IMPROVEMENTS PROJECT
IR80.7(56)246-12.52 RES. 89.176, TO SET APUBLIC
HEARING FOR 7/25, ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT AND ESTIMATE OF COST FOR
THE 1989 CAPITAL STREET PARKING RAMP AND
DUBUQUE STREET PARKING RAMP MAINTENANCE
AND REPAIR PROJECT
Correspondence: Memo from the Traffic
Engineer regarding: Parking prohibition on Laura Drive;
Parking prohibition on the north aide of Sandusky Drive
Just east of Keokuk Street
Applications for Use of Streets and Public
Grounds: Vknri Kennedy-McBreen for permission to
close a portion of Crestview for a neighborhood picnic
on 7/1, approved. Sylvan Addlnk to have the Winning
Edge SK 10K and 1 mile run/walk on 7122, approved.
Applications for City Plaza Use Permits: Jake
Babcock, Spirit of T.KD., for permission to have a
demonstration of the an of karate and kung N on the
City Plaza on 7/15, denied. Latin American Human
Rights Advocacy Corder for permission to set up a
table on City Plaza from 7/3 to 7/9, from which to
distribute literature and offer crafts and bu ions for
donations, approved. Deb Gilpin for permission to set
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Official Actions
July 11, 1969
Page 2
up a table on City Plaza from which to solicit signatures
to a petition on 716, 7, 8, 9, 11, 12 and 13, approved.
The Mayor declared the motion carried.
Moved and seconded to set a public hearing for 7/25,
on an ordinance to amend Chapter 36, the Zoning Ordinance,
to define used merchandise stores and perk them in the
Commercial Intensive Zone. The Mayor declared the motion
carried.
A public hearing was held on an ordinance to vacate
a portion of First Street extending west of Gilbert Street.
Moved and soconded that the rule requiring ordinances
to be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be finally passed
be suspended, the first consideration and vote be waived and
the second consideration be given at this time. The Mayor
declared the motion carded. Moved and seconded that the
ordinance to vacate a portion of First Street extending west of
Gilbert Street be given second vote for passage. The Mayor
declared the motion carded.
Moved and seconded to defer an ordinance vacating
a portion of the east -west alley right-of-way located between
Governor and Summit Streets, north of Bowery Street and
south of Burlington Street. The Mayor declared the motion
carried.
Moved and seconded that the rule requiring ordinances
to be considered and voted on for final passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and
vote be waived and that ORD. 893423, VACATING A PUSUC
WALKWAY EASEMENT LOCATED BETWEEN LOTS 26, 27, 46
AND 47 OF PEPPERWOOD ADDITION, PART TWO, be voted
on for passage at this time. The Mayor dedared the motion
carded. Moved and seconded that the ordinance be finally
adopted at this time.
Moved and seconded to adopt ORD. 893424, AMEND-
ING CHAPTER 36, ZONING ORDINANCE, OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY
AMENDING SECTIONS 36-4 AND 36.56 THEREIN 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, be passed and adopted.
Moved and seconded to defer the resolution exempting
child care providers from the application fee for a special
exception. The Mayor declared the motion carded.
Moved and seconded to adopt ORD. 893425,
APPROVING OBERLIN ESTATES, A PRELIMINARY AND FINAL
PLANNED DEVELOPMENT HOUSING (PDH) PLAN, AND TO
REZONE LOTS 100 AND 106 OF COURT HILL -SCOTT
BOULEVARD ADDITION FROM RM -20 AND RS -5, RESPEC-
TIVELY, TO POH3, be passed and adopted
Moved and seconded to adopt RES. 89.177, APPROV.
ING THE VACATION AND RELEASE OF A 5-F00T UTILITY
EASEMENT ACROSS THE NORTH LOT UNE OF LOT 100,
COURT HILL -SCOTT BOULEVARD ADDRION, PART VI,
LOCATED WITHIN IOWA CRY, JOHNSON COUNTY, IOWA,
AND ACCEPTING A 10 -FOOT REPLACEMENT UTILITY
EASEMENT IN UEU THEREOF, AS PART OF OBERUN
ESTATES PLANNED HOUSING DEVELOPMENT.
Moved and seconded to adopt RES. 89.178,
AUTHORIZING SAIF AND CONVEYANCE OF EXCESS CITY
PROPERTY, TO -WR, A PORTION OF VACATED LAFAYETTE
Official Actions
July 11, 1989
Page 3
STREET AND UNN STREET RIGHTS-OF-WAY GENERALLY
LYING EAST OF RALSTON CREEK IN IOWA CITY, IOWA
SUBJECTTO RETAINING CERTAIN UTILITYAND CONSERVA-
TION EASEMENTS.
Moved and seconded to adopt RES. 89.179,
ADOPTING THE 1989 COMPREHENSIVE PLAN UPDATE
The Mayor announced the following vacancies: Senior
Center Comm - one vacancy for an unexpired term ending
12131189, plus a three-year tern ending 12/31/92; CCN Comm.
.one vacancy for an unexpired term ending 311/90. These
appointments will be made at the 8/22189 meeting of the City
Council
Moved and seconded to appoint Cally Johnson, 242
Fefson Avenue, to the Bd. of Adjustment for an unexpired term
ending 111/90. The Mayor declared the motion carded
Moved and seconded to accept the recommendation
of the Design Review Committee that the Peace Pole proposed
by the Iowa City Ecumenical Peace Committee be located In
the pw&g bed west of the stage in the Mini -Park area as a
temporary measure, with the understanding that the Peace
Committee will be responsible for maintenance of the pole and
win work toward securing funding to design and Install a Peace
pole that would be more permanent and durable. The Mayor
declared the motion carried.
Moved and seconded to accept the recommendation
of the Design Review Comm. that the bylaws proposed by the
Committee be approved. The Mayor declared the motion
carried
Moved and seconded to adopt RES. 89.180,
RATIFYING AND CONFIRMING THE PURCHASE OFFER
MADE BY THE CITY MANAGER FOR THE ACQUISITION OF
A PERMANENT SANITARY SEWER EASEMENT AND A
TEMPORARY CONSTRUCTION EASEMENT ON PARCELSIRC
1.25, ALL IN CONNECTION WITH THE SOUTHEAST
INTERCEPTOR RALSTON CREEK SEGMENT, PHASE 1
SEWER CONSTRUCTION PROJECT.
Moved and seconded to adopt RES. 89.181,
AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN
AGREEMENT WITH ALTER TRADING CORPORATION OF
DAVENPORT, IOWA FOR THE PROVISION OF SCRAP
METALS RECYCLING SERVICES AT THE IOWA CITY LAND-
FILL
Moved and seconded to adopt RFS. 89.182,
AWARDING, AND AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, A CONTRACT WITH MCCOMAS-ACINA
CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF
$949,093.00 FOR THE CMC CENTER POLICE AND FIRE
DEPARTMENTS REMODELING AND EXPANSION PROJECT.
Moved and seconded to adopt RES. 89.183,
AUTHORIZING THE MAYOR TO SIGN AND THE CRY CLERK
TO ATTEST THREE SEPARATE SANITARY SEWER EASE -
MINT AGREEMENTS WITH JOYCE ASHTON AND MARSHALL
MCKUSICK; MARY KEOUGH AND HERBERT LYMAN; AND
ALFRED H. CARR.
The Mayor stated the next hem on the agenda was
oomideration of an ordinance amending Chapter 321 of the
Code. The City Attorney stated the ordinance needed to be
amended to Incorporate a delay In the effective date d a
couple d the two, Including the minimum fee, tire disposal
fee, appliance disposal fee and appliance disposal surcharge
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Official Actions
July 11, 1989
Page 4
fee, He said all of the fees would be delayed until 9/1/89 to
allow for notification of communities served by our landfill.
Moved and seconded to amend the ordinance per City
Attorney. The Mayor declared the motion to amend ordinance
carded. Moved and seconded that the ordinance amending
Chapter 321, Tmcadon and Revenues; of the Cade of
Ordinances of the City of Iowa City, Iowa, by repealing Section
321.55 thereof, and enacting In lieu thereof a new section to
be codified the same, setting the amounts of fees for the
collection of appliances and Ores and for the disposal of
appliances and Oras at the landfill, and Increasing the minimum
fee for landfill use, be given second vote for passage as
amended. The Mayor declared the motion carded.
The Mayor stated the need hem on the agenda was
consideration of an ordinance amending Chapter 15 of the
Code. The City Attorney stated the ordinance needed to be
amended to Incorporate language that sets fees by ordinance.
He stated Is was a non-substardive amendment and recom-
mended the ordinance be amended and then given second
corolderstkm. Moved and seconded to amend the ordinance
Par Cly Attorney. The Mayor declared the motion to amend
carried. Moved and seconded that the ordinance amending
Chapter 15, entitled'Garbage, Trash and Refuse; of the Code
of OrdinarK.w of the City of Iowa City, lows, by repealing
Sections 15.2, 1529, 1582, 15-63 and 1564 thereof, and
enacting In lieu thereof new sections to be codified the same,
denting appliances, providing for the collection and disposal
of appliances and tires, providing for the disposal of vehicle
batteries and waste 08, establishing fees for the collection or
disposal of such items, declaring that certain solid wastes are
not subject to collection, and providing penalties for placing
such wastes for collection, be given second vote for passage
as amended Balmer questioned the disposal ekes for
hazardous or spacial wastes. Public Works Director
Schmadeke stated that there were not disposal shies in Iowa
mid that they would have to be contracted for out-of-state
disposal on an annual or seml-annual basis. Schmadeke
naiad that any special waste has to be authorized for disposal
first by the state. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 89.184,
AUTHORIZING THE C17Y MANAGER TO MAIDS AN AMENDED
OFFER TO PURCHASE FOR PARCEL NO. 3, ALL IN
CONNECTION WITH THE HIGHWAY NO. 1 AT 1490 PAVING
IMPROVEMENTS.
Moved and seconded to adjourn 9:00 p.m. The Mayor
declared the motion carried.
A more complete description of Council activRles Is on
file In the office of the City Cleric
5/JOHN MCDONALD, MAYOR 1
s/fdARIAN K KARK CITY CIPRK
Submitted for publication 7/20/99
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
July 11, 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. Staffmembers present: Atkins, Helling, Timmins, Karr, Gannon, Moen, Donner,
Cain, Trueblood, Schmadeke. Council minutes tape recorded on Tape 89-44, Side 1, 1 -END
and Side 2, END -1.
The Mayor presented special recognition to the Knights of Columbus for the contribution
of $530 to purchase a McGruff, the Crime Dog suit, for use by the Police Department; Brian
and Diana Grassi, Kentucky Fried Chicken, for the contribution of $2,000 to the D.A.R.E.
program; Department of Parks and Recreation employees: Andy Christiansen, Janet Elierbrock,
Traver Nebel, and Melissa Summers for actions which contributed to saving a life; and to Police
Officers Daniel Dreckman and Charles Singleman for aiding a heart attack victim,
Moved by Balmer, seconded by Horowitz, that the following items and recommendations
in the Consent Calendar be received, or approved, and/or adopted as amended:
Approval of Official Council Actions of the regular meeting of 6/27/89, as
published, subject to correction, as recommended by the City Clerk.
Minutes of Boards and Commissions: Human Rights Comm. - 5/22/89; Historic
Preservation Comm, - 5/10/89, 6/14/89; Design Review Comm. - 6/22/89.
Permit Motions and Resolutions: Approving a Class C Liquor License for KJ
Enterprises, Co. dba The Gas Co. Inn, 2300 Muscatine Ave. Approving a Class C
Liquor License for New Walt's Ltd dba New Wait's Ltd., 928 Maiden Lane. Approving
a Class C Liquor License for Oldies. Inc. dba Golden Oldies, 1910 S. Gilbert Street.
RES. 89-174, Bk. 101, p. 174, ISSUING DANCING PERMITS, Approving a Class E Beer
Permit for Drug Fair, Inc. dba Peoples Drug #5281, 121 E. Washington Street.
Setting Public Hearings: RES. 89-175, Bk. 101, P. 175, TO SET A PUBLIC
HEARING FOR 7/25/89, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR STATE HIGHWAY NO. 1 AT INTERSTATE 80 PAVING
IMPROVEMENTS PROJECT IR -80-7(56)246-12-52. RES. 89.176, Bk. 101, p. 176, TO
SET A PUBLIC HEARING FOR 7/25/89, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR THE 1989 CAPITAL STREET PARKING
RAMP AND DUBUQUE STREET PARKING RAMP MAINTENANCE AND REPAIR
PROJECT.
Correspondence: Memo from the Traffic Engineer regarding: Parking prohibition
on Laura Drive; Parking prohibition on the north side of Sandusky Drive just east of
Keokuk Street.
Applications for Use of Streets and Public Grounds: Vicki Kennedy-McBreen for
permission to close a portion of Crestview for a neighborhood picnic on 7/1/89,
approved. Sylvan Addink to have the Winning Edge 5K, IOK and 1 mile run/walk on
7/22/89, approved,
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Council Activities
July 11, 1989
Page 2
Applications for City Plaza Use Permits: Jake Babcock, Spirit of T.K.D.,' for
permission to have a demonstration of the art of karate and kung fu on the City Plaza
on 7/15/89, denied. Latin American Human Rights Advocacy Center for permission to j
set up a table on City Plaza from 7/3 to 7/9/89, from which to distribute literature and
offer crafts and buttons for donations, approved. Deb Gilpin for permission to set up
a table on City Plaza from which to solicit signatures to a petition on 7/6, 7, 8, 9, 11,
12 and 13/89, approved.
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Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the
motion carried and repeated the public hearings as set. I
Moved by Courtney, seconded by Horowitz, to set a public hearing for 7/25/89, on an
ordinance to amend Chapter 36, the Zoning Ordinance, to define used merchandise stores and
permit them in the Commercial Intensive Zone. The Mayor declared the motion carried
unanimously, 7/0, all Councilmembers present.
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A public hearing was held on an ordinance to vacate a portion of First Street extending
west of Gilbert Street (Aero Rental). No one appeared.
Moved by Larson, 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 ( i
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 Larson,
seconded by Ambrisco, that the ordinance to vacate a portion of First Street extending west I
of Gilbert Street (Aero Rental), be given second vote for passage. Affirmative roll call vote ;
unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried.
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Moved by Ambrisco, seconded by Kubby, to defer an ordinance vacating a portion of y
i the east -west alley right-of-way located between Governor and Summit Streets, north of Bowery
Street and south of Burlington Street (Paul and Joan Victor), The Mayor declared the motion
carried unanimously, 7/0, all Councilmembers present.
Moved by Larson, seconded by Balmer, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived
and that ORD. 89-3423, Bk. 30, p. 24, VACATING A PUBLIC WALKWAY EASEMENT LOCATED
BETWEEN LOTS 26, 27, 46 AND 47 OF PEPPERWOOD ADDITION, PART TWO, be voted on
for passage at this time. Councilmember Horowitz stated she would be voting against
expedited action and the ordinance Itself because she personally believes this decision sets
a precedent and does not agree with terms of a block of this size. The Mayor declared the
motion carried, 6/1, with the following division of roll call vote: Ayes: Kubby, Larson,
McDonald, Ambrisco, Balmer, Courtney. Nays: Horowitz. Moved by Larson, seconded by
Balmer, that the ordinance be finally adopted at this time. The Mayor declared the motion
carried, 6/1, with the following division of roll call vote: Ayes: Kubby, Larson, McDonald,
Ambrisco, Balmer, Courtney. Nays: Horowitz.
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Council Activities
July 11, 1969
Page 3
Moved by Balmer, seconded by Horowitz, to adopt ORD. 89-3424, Bk. 30, p. 25,
AMENDING CHAPTER 36, ZONING ORDINANCE, OF THE CODE OF ORDINANCES OF THE
CifY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 36-4 AND 36-56 THEREIN TO
ELIMINATE CERTAIN CHILD CARE PROVIDERS FROM THE ZONING ORDINANCE REGULA-
TIONS FOR CHILD CARE FACILITIES AND TO EXTEND THE HOURS OF HOUSE CALLS FOR
HOME OCCUPATIONS, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all
Councilmembers present. The Mayor declared the ordinance adopted.
Moved by Larson, seconded by Ambrisco, to defer the resolution exempting child care
providers from the application fee for a special exception. The Mayor noted the item would
be scheduled for more discussion at an upcoming informal session. The Mayor declared the
motion carried unanimously, 7/0, all Councilmembers present.
Moved by Ambrisco, seconded by Balmer, to adopt ORD. 89-3425, Bk. 30, p. 26,
APPROVING OBERLIN ESTATES, A PRELIMINARY AND FINAL PLANNED DEVELOPMENT
HOUSING (PDH) PLAN, AND TO REZONE LOTS 100 AND 106 OF COURT HILL -SCOTT
BOULEVARD ADDITION FROM RM -20 AND RS -5, RESPECTIVELY, TO PDH -8, be passed and
adopted, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor
declared the ordinance adopted.
Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-177, Bk. 101, p. 177,
APPROVING THE VACATION AND RELEASE OF A 5 -FOOT UTILITY EASEMENT ACROSS THE
NORTH LOT LINE OF LOT 100, COURT HILL -SCOTT BOULEVARD ADDITION, PART VI,
LOCATED WiTHIN IOWA CITY, JOHNSON COUNTY, IOWA, AND ACCEPTING A 10 -FOOT
REPLACEMENT UTILITY EASEMENT IN LIEU THEREOF, AS PART OF OBERLIN ESTATES
PLANNED HOUSING DEVELOPMENT. Affirmative roll call vote unanimous, 7/0, all Council -
members present. The Mayor declared the resolution adopted.
Moved by Courtney, seconded by Ambrisco, to adopt RES. 89-178, Bk, 101, P. 178,
AUTHORIZING SALE AND CONVEYANCE OF EXCESS CITY PROPERTY, TO-WiT, A PORTION
OF VACATED LAFAYETTE STREET AND LINN STREET RIGHTS-OF-WAY GENERALLY LYING
EAST OF RALSTON CREEK IN IOWA CITY, IOWA, SUBJECT TO RETAINING CERTAIN UTILITY
AND CONSERVATION EASEMENTS (Gary and Ralph Freeman). Affirmative roll call vote
unanimous, 7/0, all Counclimembers present. The Mayor declared the resolution adopted.
Moved by Balmer, seconded by Horowitz, to adopt RES. 89.179, Bk. 101, P. 179,
ADOPTING THE 1989 COMPREHENSIVE PLAN UPDATE. Balmer commended staff and the
Planning and Zoning Commission for their efforts on the update. Kubby noted a problem of
housing in the community, especially the need for low income housing and said she was glad
to see environmental policies addressed. Affirmative roll call vote unanimous, 7/0, all
Councilmembers present. The Mayor declared the resolution adopted.
The Mayor announced the following vacancies: Senior Center Comm. - one vacancy
for an unexpired term ending 12131/89, plus a three-year term ending 12/31/92; CCN Comm. -
one vacancy for an unexpired term ending 3/1/90. These appointments will be made at the
8/22189 meeting of the City Council.
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Council Activities
July 11, 1989
Page 4
Moved by Horowitz, seconded by Kubby, to appoint Cathy Johnson, 242 Ferson
Avenue, to the Bd. of Adjustment for an unexpired term ending 1/1/90. The Mayor declared
the motion carried unanimously, 7/0, all Councilmembers present.
Councilmember Kubby noted the contract for tire recycling voted on by Council at their
6/27 meeting and registered concerns about the kind of emissions entering the air when they
are burnt. She stated the City was not really recycling them but helping an incineration
process. The City Manager commented that Rosebar (fire Shredding Center) intends toshred
the tires and sell them for incinerating for fuel purposes. McDonald noted that certain
standards have to be met regarding incineration and Iowa City did not have authority in that
area. Kubby noted her participation in an Arts Fair in Madison, Wisconsin, and a lot of people
recognized Iowa City as an arts city. She also noted that Jim Oakes had won an award at that
Fair. Horowitz thanked staff for the sign reminding people to stop on Boyrum and Highway
6 By -Pass near the frontage road. She also registered concern regarding the Housing and
Urban Development (HUD) scandals and the possible Impact on the Iowa City programs. The
City Manager stated the Iowa City programs have a history of quality management and
administer approximately $2 million of HUD monies, Horowitz reported on the solid waste
management forum held at the Public Library, 7/5, and broadcast on cable channel 26. She
noted the program would be re -broadcast on 7/12 and 7/17, encouraged citizens to watch, and
acknowledged everyone who had helped with the program. Courtney noted the letter sent to
Benton Street residents concerning the sewer project and commended the residents, City Engr.
Rick Fosse, and Asst. Project Mgr. Mindy Greer for their cooperation in the project. Larson
stated he was Impressed with the letters sent to area residents on the project.
Moved by Larson, seconded by Kubby, to accept the recommendation of the Design
Review Committee that the Peace Pole proposed by the Iowa City Ecumenical Peace
Committee be located in the planting bed west of the stage in the Minl-Park area as a
temporary measure, with the understanding that the Peace Committee will be responsible for
maintenance of the pole and will work toward securing funding to design and Install a Peace
Pole that would be more permanent and durable. The Mayor declared the motion carried
unanimously, 7/0, all Councilmembers present.
Moved by Larson, seconded by Courtney, to accept the recommendation of the Design
Review Comm. that the bylaws proposed by the Committee be approved. Kubby raised a
question to the indefinite terms of the Committee members. Stafimember Patt Cain stated that
the resolution establishing the Committee set forth the indefinite terms of the members and the
bylaws were drafted to conform with the existing resolutions. Balmer noted that the geographic
area and the future of the Committee need to be addressed, The Mayor declared the motion
carried unanimously, 7/0, all Councilmembers present.
Moved by Larson, seconded by Ambrisco, to adopt RES. 89-180, Bk. 101, p. 180,
RATIFYING AND CONFIRMING THE PURCHASE OFFER MADE BY THE CITY MANAGER FOR
THE ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY
CONSTRUCTION EASEMENT ON PARCEL SIRC 1.25, 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.
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Council Activities
July 11, 1989
Page 5
Moved by Balmer, seconded by Kubby, to adopt RES. 89-181, Bk. 101, . 181
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, AN AGREEMENT WITH ALTER TRADING CORPORATION OF DAVENPORT,
IOWA FOR THE PROVISION OF SCRAP METALS RECYCLING SERVICES AT THE IOWA CITY
LANDFILL Public Works Director Charles Schmadeke present for discussion. At iirmative roll
call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution
adopted.
Moved by Courtney, seconded by Horowitz, to adopt RES. 89-182, Bk. 101, p. 182,
AWARDING, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AND ATTEST, RESPECTIVELY, A CONTRACT WITH MCCOMAS-LACINA CONSTRUC-
TION COMPANY, INC. IN THE AMOUNT OF $949,093.00 FOR THE CIVIC CENTER POLICE
AND FIRE DEPARTMENTS REMODELING AND EXPANSION PROJECT. Balmer noted that this
j item was discussed extensively at Council informal session and noted his concern because of
11 the City receiving only one bid. He stated he would be voting favorably for the project
because of possible delays by rebidding. Larson slated his Intention to vote against the i
resolution, not because the renovation was not needed, but because he strongly opposed the
process that results in a single bid. McDonald commented that a prebid conference was held
and that the project was badly needed. The Mayor declared the resolution adopted, 5/2, with
the following division of roll call vote: Ayes: McDonald, Ambrisco, Balmer, Courtney, Horowitz.
Nays: Kubby, Larson, j
Moved by Balmer, seconded by Larson, to adopt RES. 89183, Bk. 101, p. 183, j
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THREE SEPARATE
SANITARY SEWER EASEMENT AGREEMENTS WITH JOYCE ASHTON AND MARSHALL �!
MCKUSICK; MARY KEOUGH AND HERBERT LYMAN; AND ALFRED H. CARR. Affirmative roll
call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution
adopted.
The Mayor stated the next Item on the agenda was consideration of an ordinance
amending Chapter 321 of the Code. The City Attorney stated the ordinance needed to be
amended to Incorporate a delay in the effective date of a couple of the fees, including the
minimum fee, tire disposal fee, appliance disposal fee and appliance disposal surcharge fee.
He said all of the fees would be delayed until 9/1/ag to allow for notification of communities
served by our landfill. Moved by Balmer, seconded by Kubby, to amend the ordinance per
City Attorney, The City Attorney clarified the only change to the ordinance was moving the
effective date. Ambrisco questioned the system for collecting the fees. City Manager Atkins
stated tires would be picked up with a special collection process with information called in and
a bill would be sent directly to the caller. The City Attorney said they could be certified for
assessment on tax rolls. Courtney questioned whether the billing could be included with the
City billing i with the
ll g procwater i
process and would report back to CouManansstaff
cil, The Mayor decla ed texperimenting
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emotion gto amend
the ordinance carried unanimously. Moved by Courtney, seconded by Balmer, that the
ordinance amending Chapter 32.1, 'Taxation and Revenues," of the Code of Ordinances of the
City of Iowa City, Iowa, by repealing Section 32.1-55 thereof, and enacting In lieu thereof a new
section to be codified the same, setting the amounts of fees for the collection of appliances
and tires and for the disposal of appliances and tires at the landfill, and Increasing the
minimum fee for landfill use, be given second vote for passage as amended. Affirmative roll
call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried.
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Council Activities
July 11, 1989
Page e
The Mayor stated the next item on the agenda was consideration of an ordinance
amending Chapter 15 of the Code. The City Attorney stated the ordinance needed to be
amended to incorporate language that sets fees by ordinance. He stated it was a non -
substantive amendment and recommended the ordinance be amended and then given second
consideration, Moved by Courtney, seconded by Larson, to amend the ordinance per City
Attorney. The Mayor declare the motion to amend carried unanimously. Moved by Courtney,
seconded by Horowitz, that the ordinance amending Chapter 15, entitled 'Garbage, Trash and
Refuse," of the Code of Ordinances of the City of Iowa City, Iowa, by repealing Sections 15-
2, 15.29, 15-62, 15-53 and 15-64 thereof, and enacting in lieu thereof new sections to be
codified the same, defining appliances, providing for the collection and disposal of appliances
and tires, providing for the disposal of vehicle batteries and waste oil, establishing fees for the
collection or disposal of such items, declaring that certain solid wastes are not subject to
collection, and providing penalties for placing such wastes for collection, be given second vote
for passage as amended. Balmer questioned the disposal sites for hazardous or special
wastes. Public Works Director Schmadeke stated that there were not disposal sites in Iowa
and that they would have to be contracted for out-of-state disposal on an annual or semi-
annual basis. Schmadeke noted that any special waste has to be authorized for disposal first
by the state. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor
declared the motion carried.
Moved by Larson, seconded by Horowitz, to adopt RES. 89-184, Bk. 101, p. 184,
AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR
PARCEL NO. 3, ALL IN CONNECTION WITH THE HIGHWAY NO. 1 AT 1-80 PAVING
IMPROVEMENTS. The City Attorney stated the offer had been revised to provide for
consideration of a sewer line by the adjacent property owner and that the City would be
reimbursed. Staffinember Cain noted that an additional revision allowed for permission from
IDOT for a commercial drive. Affirmative roll call vote unanimous, 7/0, all Councilmembers
present. The Mayor declared the resolution adopted.
Larson reminded Council and the public of a ground breaking ceremony for the
Broadway Street Neighborhood Center at 10:00 a.m. Friday morning, 7/14.
Moved by Larson, seconded by Courtney, to adjourn 9:00 p.m. The Mayor declared
the motion carried unanimously, 7/0, all Councilmembers present.
MARIAN K. KARR, CiTY CLERK
JOHN MCDONALD, MAYOR
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
July 25, 1989
Iowa City 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. Staf riembers present: Helling, Gentry, Karr, Schmeiser, DeLong, i
Penney, Fosse, Milkman, Winkelhake, Cain, Vitosh, Schmadeke. Council minutes tape-recorded
on Tape 89.45, Side 1, 1-715 and Side 2, 715-1.
The Mayor proclaimed July 26, 1989 as GRETCHEN HARSHBARGER DAY, Nancy
Sieberling, Project GREEN, accepted.
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i The Mayor noted the deletion of item 3f(1) resetting a public hearing. Moved by Larson,
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 Council Actions of the regular meeting of 7/11/89, as
published, subject to correction, as recommended by the City Clerk.
Minutes of Boards and Commissions: Riverfront Comm. - 6/24/89; Mayor's Youth I
Employment Bd. - 6/20/89; P&Z Comm. 7/6/89; Bd. of Library Trustees - 6/22/89; Sr. �.
Center Comm. - 5/15/89; Bd. of Adjustment - 6/14/89; P&R Comm. - 6/14/89; Housing
Comm, - 6/13/89; Broadband Telecomm. Comm. - 6/21/89; Interim Bd. of Directors of
the NPO -6/6/89, 6/27/89, j
Permit Motions and Resolutions: Approving a Class C Liquor License for James
J. Tucker dba Tuck's Place, 210 N. Linn Street. Approving a Class E Beer Permit for
American Drug Stores, Inc. dba Osco Drug Store, 201 S, Clinton. Approving a Class
C Liquor License for Field House, Inc. dba The Field House, 111 E. College. Approving
a Class E Uquor Ucense for Hy -Vee Food Stores, Inc. dba Drugtown #2, 1222 N. !i
Dodge. Approving a Class C Liquor License for 6:20 Inc. dba 6:20, 620 S. Madison.
Approving a Class C Beer Permit for Voss Petroleum Corp, of I.C. dba Dan's Mustang j
Market, 933 S. Clinton Street. Approving a Class C Liquor License for Carlos O'Kelly's 1 +j
of Iowa City, Inc. dba Carlos O'Kelly's, 1411 S. Waterfront. Approving a Class C Liquor
License for Maxie's, Inc, dba Maxie's, 1920 Keokuk. RES. 89.185, Bk. 101, p. 185,
ISSUING DANCING PERMITS.
Motions: Approving disbursements in the amount of $9,095,901.33 for the period j
of 6/1 thru 6/30/89, as recommended by the Finance Director, subjoct to audit. a
1
Resolutions: RES. 89-186, Bk. 101, p. 186, ACCEPTING THE WORK FOR THE i
SANITARY SEWER IMPROVEMENTS FOR LOTS 1 THROUGH 20 OF ROCHESTER
HEIGHTS.
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Correspondence: Chamber of Commerce Arts Coordinator regarding a
community arts center and requesting time on the Council's Informal meeting agenda,
The Board of Directors of The Arts Center urging Council's support of the Inclusion of
a multi -use arts facility into plans for Urban Renewal Parcel 64.1x, Memo from the
Traffic Engineer regarding designation of lane control at Benton Street/Riverside Drive.
Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the 1
motion carried.
Minutes
Council Activities
July 25, 1989
Page 2
A public hearing was held on an ordinance to amend Chapter 36, the Zoning
Ordinance, to define used merchandise stores and permit them in the Commercial Intensive
� Zone. Melissa Williams, 722 Rundell Street, owner of The Second Act, and Susan Scott, 232
S. Summit Street, owner of Houseworks, appeared in support of the ordinance,
Moved by Balmer, seconded by Horowitz, that ORD. 89-3426, Bk. 30, p. 27, VACATE
A PORTION OF FIRST STREET EXTENDING WEST OF GILBERT STREET (Aero Rental), be
passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present.
The Mayor declared the ordinance adopted.
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Moved by Larson, seconded by Balmer, to adopt RES. 89-187, Bk. 101, p. 187,
RESOLUTION OF INTENT TO CONVEY TO AERO RENTAL THE VACATED PORTION OF FIRST
STREET RIGHT-OF-WAY, WEST OF GILBERT STREET and setting a public hearing thereon for
8/8/89 (Aero Rental). Affirmative roll call vote unanimous, 7/0, all Councilmembers present.
{ The Mayor declared the resolution adopted.
I Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-188, Bk. 101, p. 188,
APPROVING OBERLIN ESTATES, AN AMENDED PRELIMINARY AND FINAL LARGE SCALE
RESIDENTIAL DEVELOPMENT (LSRD) PLAN FOR A PORTION OF COURT HILL -SCOTT
BOULEVARD ADDITION, PART VII, AND A PRELIMINARY AND FINAL LSRD PLAN FOR LOT 100
AND THE NORTH 5.60 FEET OF LOT 101 OF COURT HILL -SCOTT BOULEVARD ADDITION,
PART Vl, IOWA CITY, IOWA. 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. B9-189, Bk. 101, p. 189,
AUTHORIZING SALE AND CONVEYANCE TO JACK MOYERS, at al. OF THE VACATED RIGHT-
OF-WAY OF LOOS STREET, BETWEEN ROCKY SHORE DRIVE AND BLACK SPRINGS CIRCLE.
Councilmembers complimented all parties Involved for working out the situation so that the
existing driveway will not have to be moved and the vacation can be done in a way that
everybody gets what they need. Affirmative roll call vote unanimous, 7/0, all Councilmembers
present. The Mayor declared the resolution adopted.
Jean Hood, Senior Center Commission, reported to Council on the development of a
speakers bureau. Twelve older adults have been trained and 9 invitations received, Ms, Hood
presented a copy of the training manual to Council and asked it be forwarded to the City
Manager for review.
A public hearing was held on plans, specifications, form of contract, and estimated cost
of the construction of the State Highway No. 1 at Interstate 80 Paving Improvements Project
IR -80-7(56)246-12.52. No one appeared.
Moved by Balmer, seconded by Courtney, to adopt RES. 89-190, Bk. 101, p. 190,
APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR
THE CONSTRUCTION OF STATE HIGHWAY NO. 1 AT INTERSTATE 80 PAVING IMPROVE-
MENTS PROJECT IR -80-7-(56)246-12-52 AND DIRECTING CIN CLERK TO PUBLISH NOTICE
TO BIDDERS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The
Mayor declared the resolution adopted.
Minutes
Council Activities
July 25, 1989
Page 3
The Mayor announced the following vacancies: Historic Preservation Comm. - one
vacancy for a representative of Woodlawn District for an unexpired term ending 3/29/91; P&Z
Comm. - one vacancy for an unexpired term ending 5/1/93; Mayor's Youth Employment Ed. -
one vacancy for a three-year term ending 11/4/93; CCN Comm. - three vacancies for three-
year terms ending 10/1/92; Bd. of Electrical Examiners and Appeals - one vacancy for a
licensed contractor for a four-year term ending 10/26/93. These appointments will be made
at the 9/5/89 meeting of the City Council.
Councilmember Courtney noted the memo from the Airport Manager and Airport History
Brochure produced by a group of University of Iowa Journalism students. He encouraged
citizens to view the brochure on file in the Library. Courtney acknowledged the DARE program
and the fact that the program will be initiated this fall at Regina. He questioned the status of
the newspaper vending machine ordinance and noted the letter from Atty. Bruce Haupert for
a recommendation. The Mayor noted he had discussed the matter with the City Manager 2-
3 weeks ago and a meeting was to have taken place with City staff and various newspaper
representatives to see if something could be worked out. The Mayor asked that the matter be
scheduled for follow-up discussion, Horowitz stated a public input meeting was scheduled for
Thursday, 7/27 on homeless in this community and asked people to become aware of the
program, noting that 91 people were served free lunches on 7/24. The Mayor said he had
discussed this with Human Services Coordinator Marge Penney and she would be attending
the hearing. Ambrisco noted contributions of food or money were needed by the Crisis Center.
Balmer acknowledged the letter from Cathryn Wilkinson, Arts Coordinator for the Chamber of
Commerce, requesting council schedule time for discussion of a community arts center, and
requested the matter be scheduled in the near future. Councilmember Larson stated that
Richard Carper is walking and rolling across the country to raise money for residential care for
people with AIDS and will be in Iowa City 7/31 at 5:30 p.m. for a rally on the Pentacrest. The
Mayor noted that Councilmember Kubby had been selected by the National League of Cities
to be trained to assist city councils on solving problems.
Moved by Larson, seconded by Horowitz, to approve a permanent outdoor service area
for Sports Column Corp, dba The Sports Column, 12 S. Dubuque Street. Councilmembers
raised concerns regarding the ownership of the property. Asst. City Atty. Gentry explained that
a quit claim deed had been executed but that a quit claim deed Is not a warranty deed.
Gentry said that Information has been provided that perpetual easements rights exist in this
alley. She concluded that it was a private property dispute between adjoining property owners
and that the property forum would be a court of law. McDonald stated there was more
Involved than the ownership question. Atty. Thomas Gelman, representing The Sports
Column, stated that there were two separate Issues Involved. One of ownership and the other
involving easements. McDonald restated that the ownership question was a private matter and
should be resolved by a court of law but a primary concern on his part was the Impact on
adjacent property owners. Councilmembers noted the receipt of [offers of objection from First
Christian Church; Clifford Building Partnership; Florence Wikel; Ally. Allan Leff, representing
Patricia Stach Chase and Carl Stach; and Atty. Bruce Haupert, representing Mrs, W. Clifford
(Florence) Wikel. Letters reflecting no objection to the proposed outdoor service area were
received from: Macht Incorporated and Williams Company., Individual Councilmembers
expressed their views. The Mayor declared the motion defeated, 0/7, all Councilmembers
present. Atty. Gelman stated the applicant had complied with the ordinance and noted that
further guidance would be helpful if additional provisions above the ones established by
ordinance were considered.
Minutes
Council Activities
July 25, 1989
Page 4
Moved by Ambrisco, seconded by Horowitz, AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST AMENDMENTS TO THE FY90 FUNDING AGREEMENTS WITH
THE FOLLOWING AGENCIES: RES. 89-191, Bk. 101, p. 191, BIG BROTHERS/BIG SISTERS
OF JOHNSON COUNTY, $377.00; RES. 89-192, Bk. 101, p. 192, DOMESTIC VIOLENCE
INTERVENTION PROGRAM, $834.00; RES. 89-193, Bk. 101, p. 193, JOHNSON COUNTY
CHAPTER, AMERICAN RED CROSS, $257.00; RES. 89-194, Bk. 101, p. 194, NEIGHBORHOOD
CENTERS OF JOHNSON COUNTY, $965.00. Affirmative roll call vote unanimous, 7/0, all
Councilmembers present. The Mayor declared the resolutions adopted.
Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-195, Bk. 101, p. 195,
ACCEPTING THE WORK FOR THE BENTON STREET INTERCEPTOR SEWER PROJECT, WITH
THE EXCEPTION OF LANDSCAPING IMPROVEMENTS DELETED THEREFROM AND INCLUDED
IN A SUPPLEMENTAL CONTRACT. Kubby noted a typo error in paragraph 3 and requested
the date of March 15, 1989 be changed to read March 15, 1990. Staff will make the necessary
change prior to execution of the resolution. 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. 89-196, Bk. 101, p. 196,
APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CiTY
CLERK TO ATTEST A SUPPLEMENTAL CONTRACT WITH TSCHIGGFRIE EXCAVATING OF
DUBUQUE, IOWA, FORTHE LANDSCAPING OF THE BENTON STREET INTERCEPTOR SEWER
PROJECT, $18,300.00. Balmer questioned whether the amount was included in the original
contract. Staffmember Fosse stated it was part of the original price and was being separated
at this time to allow for the payment of sewer and paving Improvements and delay of
landscaping until more suitable weather. He noted the original plans and specifications
underestimated the quantity of sod but the amount stated in the resolution allowed full
completion of the project, the actual figure over the anticipated original amount is not known
at this time, 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. 89.197, Bk. 101, p. 197,
UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1990 FOR THE CITY
MANAGER, CITY ATTORNEY AND CITY CLERK at $71,988.80, $59,987.20 and $33,716.80
respectively. Larson noted the raises given were in line with what the bargaining units had
received and Council was fortunate to have these people in the positions. Affirmative roll call
vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted.
Moved by Balmer, seconded by Horowitz, to defer indefinitely the resolution authorizing
the Issuance of $5,000,000 Industrial Development Revenue Bonds (Michael Development of
Iowa L.P. Project) of the City of Iowa City, Iowa, for the purpose of making a loan to assist
Michael Development of Iowa L.P. in the financing of costs of a Project within the meaning of
Chapter 419, Code of Iowa; authorizing the execution and delivery of certain financing
documents pertaining to the project; authorizing an assignment of certain financing documents
for further securing the payment of the bond; authorizing the sale of said bonds; authorizing
the appointment of a trustee; and related matters. The Mayor declared the motion carried, 7/0,
all Councilmembers present.
Minutes
Council Activities
July 25, 1989
Page 5
Moved by Larson, seconded by Horowitz, that ORD. 69.3427, Bk. 30, p. 28, AMENDING
CHAPTER 15, ENTITLED "GARBAGE, TRASH AND REFUSE," OF THE CODE OF ORDINANCES
OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTIONS 15-2,15-29,15-62,15-63, AND
15.64 THEREOF, AND ENACTING IN LIEU THEREOF NEW SECTIONS TO BE CODIFIED THE
SAME, DEFINING APPLIANCES, PROVIDING FOR THE COLLECTION AND DISPOSAL OF
VEHICLE BATTERIES AND WASTE OIL, ESTABLISHING FEES FOR THE COLLECTION OR
DISPOSAL OF SUCH ITEMS, DECLARING THAT CERTAIN SOLID WASTES ARE NOT SUBJECT
TO COLLECTION, AND PROVIDING PENALTIES FOR PLACING SUCH WASTES FOR
COLLECTION, be passed and adopted. Horowitz questioned if the ordinance referred to
automobile batteries only and not other household batteries. Public Works Director Schmadeke
stated the ordinance referred to automobile batteries only. Affirmative roll call vote unanimous,
7/0, all Councilmembers present. The Mayor declared the ordinance adopted.
Moved by Balmer, seconded by Horowitz, 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 first consideration and vote be waived and
that the second consideration be given at this time. Balmer questioned the procedure for
notifying and getting assistance from Industries of the special fee for disposal of special or
hazardous wastes that must be buried separately from normal household solid waste. Public
Works Director Schmadeke clarified that waste that could be burled in the working space of
the landfill was not charged anymore than the normal fee. However, if the waste had to be 1
burled separately we discourage receipt and ask that they pre -treat it in such a manner to 1
allow burial in the normal working space. Affirmative roll call vote unanimous, 7/0, all
Councilmembers present. The Mayor declared the motion carried. Moved by Balmer,
seconded by Horowitz, that the ordinance amending Chapter 32.1, 'Taxation and Revenues,"
of the Code of Ordinances of the City of Iowa City, Iowa, by repealing Section 32.1-55 thereof,
and enacting in lieu thereof a new section to be codified the same, setting the amounts of fees
for the collection of appliances and tires and for the disposal of appliances and tires at the
landfill, and Increasing the minimum fee for landfill use, be given second vote for passage.
Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the
motion carried.
Moved by Courtney, seconded by Ambrisco, to adjourn 9:10 p.m. The Mayor declared
the motion carried unanimously, 7/0, all Councilmembers present.
1� y
J N MCDONALD, MAYOR
MARIAN K. KARR, CITY CLERK
Informal Council Session
July 25, 1989
Informal Council Session; July 25, 1989, 6:40 PM, in the Civic Center Council Chambers,
Mayor McDonald presiding.
Councilmembers present: Ambrisco, Balmer, Larson, Horowitz, McDonald, Kubby, Courtney
(7:12 PM).
Staffmembers present: Helling, Karr, Gentry, Smith, Del-ong, Schmeiser, Milkman, Vitosh.
Tape-recording: Reel 89-41, Side 2, 306-1; Reel 89-46, Side 1, 1-277.
PLANNING & ZONING MATTERS: Reel 89-41, Side 2
A. PUBLIC HEARING ON AN ORDINANCE TO AMEND CHAPTER 36, THE ZONING
ORDINANCE, TO DEFINE USED MERCHANDISE STORES AND PERMIT THEM IN THE
COMMERCIAL INTENSIVE ZONE.
Schmeiser stated Melissa Williams, owner of The Second Act, has requested the
proposed action; used merchandise stores is a category of retail uses which include
secondhand stores, used furniture stores and antique shops; and the Planning & Zoning
Commission has recommended in favor of this request. Schmeiser stated City staff has
recommended against the proposals.
Schmeiser explained that up until 1983 Iowa City had an accumulative type of zoning
ordinance, establishing a hierarchy of zones from a very restrictive land use (single-
family) to a very low restriction of uses (industrial establishments). Examples are R-1
zone permitting single-family uses, R-2 zone permitting single-family uses and two family
uses, R-3 zone permitting single-family uses, two family uses, and mufti -family uses;
commercial zones permitting all residential uses and commercial uses, Industrial zones
permitting virtually every use, and RM -1 zone permitting any use except uses in the
Industrial zone. Schmeiser stated in 1983 Iowa City changed the type of zoning
ordinance to establish each zone with a restrictive exclusive list of uses that were
intended to fulfill a specific purpose. Schmeiser noted the City departed from the
accumulative type of zoning ordinance because a zoning ordinance that allows any uses
is useless as far as trying to implement a comprehensive plan and is almost impossible
to try to control future problems. Schmelser stated a problem when adopting the new
zoning ordinance in 1983 was what to do with the land zoned M-1 which permitted any
use. Schmelser explained staff inventoried all the uses in the M-1 zone and prepared
a list of uses which was eventually incorporated in the CIA zone. All the land zoned
M-1 under the old zoning ordinance was zoned CI -1 to permit land consumptive
commercial uses. Schmelser explained that retail uses per se were to be absolutely
forbidden in the CI -1 zone because the City did not want retail use to locate throughout
the community in the CI -1 zones and there was interest in concentrating retail use in
planned growth commercial areas. Schmelser stated it Is because merchandise stores
are a retail use that staff is recommending against changing the ordinance. Schmeiser
said the request by the applicant would be one more use that would erode the purpose
of the CI -i zone.
I. I
i
Minutes
Iowa City City Council
Informal Session
July 25, 1989
Page 2
Councilmembers discussed uses permitted in the CIA zone. In response to Larson and
Kubby, Schmeiser said uses consistent with land consumptive commercial uses are
uses that devote a considerable amount of floor space to display, such as new and
used car lots. Schmeiser said anything associated with auto and truck oriented uses
are allowed in the CI -1 zone. Horowitz asked how many places in Iowa City are zoned
CI -1. Schmeiser said there are many scattered throughout Iowa City.
Horowitz stated the used merchandise area was not as developed in the 1970's and
1980's as is now and it presents a unique situation that is different than normal retail
facilities. Schmeiser said it is a type of retail use that staff would prefer to have located
in a retail shopping area. Horowitz noted The Crowded Closet should not fall under
this category because the money received from selling donated items is given to
missionaries. Schmeiser stated staff is looking at long-term erosion of the zone.
Schmeiser stated there are 342 acres of CIA zoned land in Iowa City. Larson said used
merchandise stores are more in common with other uses in the CI -1 zone because of
the need for storage. Councilmembers discussed the storage needs of used
merchandise stores.
McDonald asked Councilmembers to discuss this item during the public hearing
scheduled during Council's formal meeting.
B. ORDINANCE TO VACATE A PORTIUN Ut- FlHbI ,Into tAltrvuirmu vvrai ur
GILBERT STREET. (Aero Rental)
Schmeiser said the vacation and disposition will accomplish two things: 1) will reduce
the number of street trees which Aero Rental would otherwise be required to provide
In conjunction with the expansion of its establishment on Iflrkwood and First Street, and
2) by vacating a nine foot strip of land along Aero Rental's south property line, it allows
them to place street trees on the nine foot strip that otherwise would have to be located
on their property and require the removal of a considerable amount of concrete.
C.
7
See above hem B.
No Council comment.
Minutes
Iowa City City Council
Informal Session
July 25, 1989
Page 3
E.
Schmeiser explained the drive approach serving two properties located north of Loos
Street could not be relocated without causing severe problems for the two property
owners. Schmeiser stated staff has been in touch with the property owners and have
agreed to purchase a different portion of the right-of-way. Schmeiser explained the
property owner on the south will acquire 12-1/2 feet of the right-of-way and the property
owner to the north will purchase 37-1/2 feet. Kubby asked if the two property owners
to the north would not have to relocate their driveway. Schmeiser assured Council -
members that everybody is happy.
LOWER RALSTON CREEK PARCELS C AND D:
Reel 89-41, Side 2
Milkman stated it has always been the City's intention to dispose of any land remaining for use.
Milkman explained Parcel C is located at the end of East Lafayette Street, west of the creek
in CIA zone and the highest and best use in that area is for a commercial use on the ground
floor with residential use above. Milkman stated Parcel D is located on the corner of Unn and
Harrison Street in RM -145 zone, a high density multi -family high-rise zone. Milkman stated both
parcels were appraised for those two uses. Milkman stated suggested sale prices for Parcel
C was $46,000 and $90,000 for Parcel D, and the best bids received were for less than half
i the suggested sale prices. Milkman asked it the bids should be accepted. Councilmembers
discussed the appraisal, bids and marketability of Parcels C and D.
Milkman explained the bid received for Parcel C is for the highest and best use, commercial
and residential. Milkman explained two other developers are Interested in preparing bid
proposals and would like to negotiate. Councilmembers discussed the bid process. Gentry
stated it is currently a busy construction season for developers, which is to the City's
disadvantage. Balmer noted the City is not getting value that the City wanted out of the
property. Balmer stated he is Inclined to proceed to accept the best offer, especially on Parcel
C. Kubby stated her preference for negotiation. Larson staled that direct negotiation or use
of a realtor should be considered. Councilmembers discussed the appraised price versus the
bid price received. Milkman stated that if Council decided not to accept one of the bids, then
Councilmembers should reject them all. Gentry stated the City could then re -publish and re-
bid the parcels, Balmer stated he would agree to negotiate with Individuals that have
submitted bid proposals, but is not Interested in going out and talking to anyone else.
Horowitz stated she did not see the urgency of getting rid of the parcels. Ambdsco stated the
parcels should be awarded to the person who is offering the greatest amount of money.
McDonald stated he is willing to accept bids as proposed. In response to Larson, Schmeiser
stated he is convinced the City's market approach to selling the properly is wrong.
Councilmembers agreed to proceed and schedule for public hearing,
Z-2./
Minutes
Iowa City City Council
Informal Session
July 25, 1989
Page 4
AGENDA ITEMS:
Reel 89-46, Side I
1. McDonald noted Consent Calendar agenda item 3f(1) will be deleted re maintenance
and repair of the Capitol Street and Dubuque Street ramps.
2- Karr stated Council agenda Item 16, Industrial development revenue bonds for Michael
Development, should be deferred Indefinitely.
The meeting adjourned at 7:30 p.m.