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HomeMy WebLinkAbout1989-06-27 Council MinutesInformal Council Session June 12, 1989 Informal Council Meet.n : June 12 1988 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.). StaHmem_ ber_ s Present: Atkins, Timmins, Karr, Halling, Winkelhake, Schmeiser, Fowler, vtosh. Tape-recording: Reel 8932 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, enses - not approximately ndoius poexceed ys atproposal have IowaCity and Johnson share the cost. Me stated there needs be a 28 was 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 I 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 i 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 stall they are doing, at the two dispatch centers and ask dispatch center staff to keep track of what Larson asked if the choice of the project matter can be resolved by the E-911 they 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 projectmanager. 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. Minutes Informal Council Session June 12, 1989 Page 2 PLANNING & ZONING MATTERS: Reel 89-32, Side 2 A. SETTING A PUBLIC HFABINr; MP. 11 w❑ 97 1oao nu Ani nOn1AlALlno r^ vAnA SUMMIT STREETS. (Paul and Joan Victor) (V-8902) Schmelser 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. Schmelser said there would be a number of people deprived of access to Summit Street if 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. Schmelser stated that N someone presents an application and pays the application fee, it automatically goes to the Planning & Zoning Commission, then City Council. Schmelser 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 i & 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 if they want to proceed with it or not. B. SETTING A PUBLIC HEAPING FnP .0 INF 97 1On0 nN a Oram i MIMI AnnnTwn_ C. Schmelser 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 Q 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. 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 close the street. Schmeiser stated the Freemans propose to use part of the street as their actual driveway entrance to the property on Gilbert Street. 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 stated 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. Schmeiser stated the title opinion examiners should have notified them. Schmelser 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. Schmelser 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 the subdividers don't within the hone year periodave one ear s it becomeslaf Ilan theagainstn theat to Istall p opertysforf that j Installation. Schmeiser noted If 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 j opposition. Schmeiser 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. r� K. Schmelser noted the developer has asked for expedited consideration to give third and final reading to the ordinance. URFVCO cniervutu r•RUM IU -RM TO RS -5. (Braverman Development, Inc.)(Second Consideration - Z-8903) 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. Schmelser stated the applicant has also requested expedited action to give third and final consideration. L. RESOLUTION APPROVING THE PRELIMINARY PLAT OF PEPPERWOOD ADDITION PARTE A22 -ACRE 82 -LOT LOW DENSITY SINGLE-FAMILY RESIDENTIAL SUBDIVISION GENERALLY LOCATED WEST OF EXISTING PEPPERWOOD ADDITION DEVELOPMENT ON SANDUSKY AND PEPPER DRIVES EXTENDED, (S-8912) No Council comment. M. RECOMMFNnATInN r)F Tuc of AKuuKin AKIn........................._-. _..__ _. __. IN 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. FRUM I-1 TO CC -2. (Westport Plaza/Joseph Com 8902) No Council comment. See discussion after Item Q. and Adopted - Z- Minutes Informal Council Session June 12, 1989 Page 6 O. RESOLUTION AP PART 1. (Westport Plaza) (S-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 item 0. P. RESOLUTION APPROVINr; A PPM I\AIAIADV I Aor_e anal v a... .,......, m.. PART 1. (S-8906) No Council comment. 0. RECOMMENDATION I LIUH r 6e INSTALLED WITH SIGNALIZATION OF THE MAIN ENTRANCE OF WESTPORT PLAZA. Schmelser stated the Planning and Zoning Commission recommended to provide a walk i light. Staff does not endorse this recommendation because it 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, Schmelser stated staff proposes phasing it in. Horowitz asked if there are going to be sidewalks. Larson stated that Issue needs to be discussed. N. ORDINANCE TO REZONE APPROXIMATELY 28 ACRES ALONG HIGHWAY 1 WEAT 19 Mum I -r I u cc -Z UUNTINUED. (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. PART 1. CONTINUED (Westport Plaza - S-8906) Kubby inquired about the need for the IDOT approval for final plat. Schmeiser 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 Councllmembers 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 Item No. P. Minutes Informal Council Session June 12, 1989 Page 7 ;I S. T 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. . tnncuonaid's) (S -8g18) Schmelser 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. Schmelser stated sidewalks cannot be required as part of this development and If 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. Schmelser 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 0 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. Schmelser 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. j Schmelser stated this is consistent with the financial plan set out in the budget approved by Council. Schmelser noted the fee schedule is attached to the resolution. W. RECOMMENDATION OF THF PI ANNINr titin 7nwKin nn...ueo11.1 r.. _.._ i Schmelser explained staff looked at hours for house calls for childcare facilities and approached the Planning & Zoning Commission with a proposal to extend hours of j operation - not the hours for house calls for neighborhood centers. Schmelser stated the Planning & Zoning Commission wishes to wait until the neighborhood centers are established. II PREVENTIVE MAINTENANCE - PARKING RAMPS: Reel 89-38, Side 1 Finance Director Vitosh stated Shive-Hattery compiled the report and Parking Supervisor Joe Fowler is available to give Council a brief overview. Fowler stated the report said both ramps were in good condition and that 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 Shive-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 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 $280,000 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, Vitosh 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 multi-year plan, Vitosh said the smaller the dollar size of the project, the higher the percentage. Vitosh stated $9,500 will pay for bids and specs, bidding out and on-site inspection during construction. Larson asked for information regarding warranty for the parking ramp structures. i 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, 1959 (prior to formal session). The meeting adjourned at 9:07 p.m. I I I 11 1- i I i , OFFICIAL COUNCIL ACTIVITIES - 6/13/89 The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ Iowa City Council, reg. nag., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councllmembers present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. 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; Resider" Adaptive Use - University of Iowa Press, The Hutchinson -Kuhl House, 119 Park Rd. and United Action for Youth, Ina, 410 Iowa Ave.; Residential Continued Use - Ron Johnson (2 properties) 1024 E. Jefferson St and 225 N. Governor St; Honorable Mention - Frank Gordon 6 Martha Gersh,1123 E. College SL Other properties nominated for a 1989 Historic Preservation Award include: Ron Johnson (3 propertles), 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 Maya McDonald presented the Mayors Youth Enrollee, Supervisor, and Worksite Awards as follows: Outstanding Enrollee Cal - Matthew Hoover and Nlchoal Scofield, Honorable Mention with Distinction - Kim Thuy Nguyen, Outstanding Transition Student - Michelle Nachman. Outstanding Worksite Supervision category: Jo Ball, George Boateng, and Teresa Ulin The following students and staff of the Behavioral Leeming Center were honored: slaffinembers Linda Lawrence, Michael Bowens, Jean Karr, and Judy Rohret and students Tim Coblera:, Nathan Dewitt, Matt Hoover, Michelle Lehman, Tim O'Leary and Nathan Wilkinson. The 1989 President's Award was awarded to the Johnson County Auditors Office. The Maya congratulated all the recipients of this year's awards and acknowledged the work done by Director Peg McElroy. Robert Wachel, Chairperson of the Riverfro t Commission, and Mayor McDonald presented the Iowa River Month Photo Contest Awards as follows: Robert Rude, First Place; Tim Strang, Second Piece; Carole Stribley-Brown, Third Place. Honorable Mentions were Vincent Casaregola, Wifford Yoder and Jan Krieger. Emilie Rubdght, Project GREEN Co -Chair, presented cash prizes to the top three photographers. All winning entries we on display during the math of June 0 the Iowa City Public Library. The 1989 Iowa River Month Special Recognition Award was presented to Peg McElroy, Executive Director of the Maya's Youth Employment Program. Moved and seconded, that the following hems and recom- mendatlons In the Corsent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 5/30/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Council Goal -Setting Session - 5123; Historic Preservation Comm. - 5/10; P&Z Comm, - 5/18, 6/1; Bd. of Library Trustees - 50; CNII Service Comm. 5/15; PSR Comm. - 5/10. Permit Motions and Resolution: Class C Liquor License for The Mill Restaurant, 120 E. Burlington Street. Soeciel Class C Beer/Wlne Permit for Camon House. 713- Official Actions June 13, 1989 Page 2 715 S. Riverside Drive. Class E Beer Permit for John's Grocery, Inc., 401 E Market Streett, Class E Beer Permit for Walgreens, 1646 Sycamore. Class E Beer Permit for AM -PM Mini Merl, 2303 Muscatine Ave. Class E Beer Permit for OulkTdp #539,301 Markel Class E Beer Permit for Peoples Drug #5276, 2425 Muscatine Ave. Class S Liquor License for Danny's Restaurant, 2206 N. Dodge. RES. 69-126, ISSUING A DANCING PERMIT. Resolutkare: RES. 69.127, ADOPTING SUPPLE- MENT NO. 40 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA C0193porKleM: Petition signed by ten people urging g, City Council to reject the proposed change in zoning for the Wet w9M of Carousel Motors on Highway I. Joseph Holland, aaomey for Pentacrest Apartments and Ralston Creek Apartments regarding perking problems In downtown Iowa City. Cora Pollack urging the Council to reverse their decision on Resolution 69.102 which ap- P roved changing the comprehensive plan for property along Highway 1 Weal (Westport Plaza). Francis -Buzz- Graham supporting proposed Wel-Mad Shopping Center (Westport Plaza). Mrs. James Miller supporting proposed shopping canter (Westport Plaza). Appikallorre for Plaza Use Permits: James E. Clayton to am up a tabic on City Plaza for the purpose or soliciting signatures on a petition on 6/10, approved. Steve 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 FeatkW by having a person walk through the Plaza wearing a sandwich board on 6/6.25, 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 WI 11, approved Erica M. Womachka to vend hard -crafted jewelry as an ambulatory vendor on 5/31, approved. The Mayor declared the motion carried. Moved and seconded, to set a public hearing for 6/27, on an ordinance to vacate the easterly 169.25 feet of the east - west alley between Governor and Summit Streets, The Mayor declared the motion carded. Moved and seconded, to set a pudic hearing for 6/27, on a resolution adopting the 1969 Comprehensive Plan Update. The Mayor declared the motion carried. Moved and seconded, to set a public hearing for 6/27, on an ordinance amending Section 36-4 and 3656 of the Zoning Ordinance to eliminate certain chill care providers from the Zoning Ordinance regulations for child care facilities and to edend the hours of house calls for home occupations. The Mayor declared the motion carded. Moved and seconded, to adopt RES. 89.128, INTENT TO CONVEY TO JACK MOYERS ET AL THE VACATED LOOS STREET RIGHT-OF-WAY. Moved and seconded, to adopt. RES. 89.129, INTENT TO CONVEY TO GARY L FREEMAN AND RALPH J. FREEMAN VACATED PAFAYETTE 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. Official Actions June 13, 1989 Page 3 A Public fleeting was held on an ordinance to vacate that ponlort of the Lafdyehe Street right d 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 fight -Of -Way Immediately west ot its Intersection with South Gilbert Street 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 finaily passed be SwPandadl- the first =016eratiOn and vote be passd and the second wai M e consideration be given at this time. TheMayor h declared motion carried. Moved arta seconded, that the ordinance to vacate that Portion of Bre i - Lafayette Street rightcf-way generally located between the Us" dgMcf alley way Nrte d the rorth.aouah el between Dubuque Sleet and Ralston Creek and that portion of the with SouthhGilNeel- Ee Immediately second vote vootte fordgreectlon passage, The Mayor declared the motion canted. A public hearing was hell on an ordinance vacating a pu li walkway @MMGM located between Lots 26, 27, 46 and ! Drive and JRenee PP AdLopez, dition,2' pan - Doug Carlo, 1156 Boar 1162 Briar Drive, appeared and requested Council vacate the easement. A Public hearing was hell on an ordinance to approve Oberlin Estates, a preliminary and final Planned Development Housing (PDH) and a Large Scale Residential Development (LSRD) plan and 10 rezone Lots 100 and 106 Of Court Hill. Scott Boulevard Addition from RM -20 and RS -5, respectively, to PDH8. Ben Moore, devebper for the project, requested aPediled action. - 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 walwd and Mat ORD. 89,9416, APPROVING AN AMENDED PRELIMINARY PLANNED DEVELOPMENT HOUSING (PDF PLAN FOR SUMMIT PLACE, A 1.69 ACRE DEVELOPMENT j LOCATED AT THE SOUTHEAST CORNER OF THE KIRK. WOOD AVENUE AND MARCY STREET INTERSECTION, be voted on for final passage at this time. Moved and seconded, that Bte ordinance be finally adopted at this time. Moved and eeocnded, that the rub requiring ordinances to be conslderW and voted on for passage at two Council meetings prior to the meeting at which If Is to be finally Passed be suspended, the second consideration and vote be Waived and that ORD. 89.3417, CHANGING THE USE REGUL. ATIONS OF CERTAIN PROPERTY GENERALLY LOCATED SOUTH OF HILLTOP MOBILE HOME PARK AND WEST OF EXISTING PEPPERWOOD ADDITION DEVELOPMENT ON SANDUSKY AND PEPPER DRIVES EXTENDED FROM ID -FIM TO RS -5, be voted an for final passage at this time. The Maya declared the notion carried. Moved and seconded, that the ordinance be finely adopted at this time. Moved and seconded, to adopt RES. 89.130, APPROVING THE PREUMINARY PLAT OF PEPPERWOOD ADDITION, PART . 8, A SUBDIVISION OF JOHNSON COUNTY, IOWA. Moved and seconded, to approve the recommendation of the Planning and Zoning Commission that parking be restricted to one aide only on all cul-de-sacs within Pepper. wood Addition. Part 6. defeated. The Meyer declared the motion OrtkklActions June 13, 1989 Page 4 Moved and seconded, that ORD. 893418, REZONE APPROAMATELY 28 ACRES ALONG HIGHWAY 1 WEST FROM 1.1 TO CC -2, be passed and adopted. Moved and Seconded, that this hem be deferred until after the referendum question has been decided. The Mayor declared the motion to defer defeated. Moved and secorWed, to adopt RES. 89.131, APPROVING THE AMENDED PRELIMINARY PUT FOR RUPPERT SUB- DIYISION, PART 1, AND THE RESUBDMSION OF LOT 1, RUPPERT SUBDIVISION, PART 1. Moved and seconded, to adopt. RES. M13Z APPROVING A PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR WESTPORT PLAZA ON LOT Z RUPPERT SUBDIVISION, PART 1. Moved and seconded, to approve the recommendation of the Planning and Zoning Commission that a walk fight be Instated with aignalization of the main entrance of Westport Plena. The Mayor declared the motion defeated, Moved and seconded, 90 ORD. 893419, ZONE A PORTION OF VACATED HOLLYWOOD BOULEVARD RIGHT- OF-WAY TO CO.1, COMMERCIAL OFFICE, be passed and adopted. Moved and seconded, to adopt RES. 89.133, APPROVING THE FINAL PLAT OF CAMERON SUBDIVISION, A SUB. DIVISION OF IOWA CrM JOHNSON COUNTY, IOWA Moved and seconded, to adopt. RES. 89.134, APPROVING AN AMENDED LARGE SCALE NON-RESIDENTIAL DEVELOP- MENT PLAN FOR SYCAMORE MALL Moved and seconded, to adopt RES. 89.135, APPROVING THE PRELIMINARY PLAT FOR PRAIRIE VIEW ESTATES, PART 3, OF JOHNSON COUNTY, IOWA. Moved and seconded, to adopt RES. 89.136, ADOPTING A SCHEDULE OF FEES FOR PLANNING AND ZONING AND BOARD OF ADJUSTMENT APPLICATIONS. Moved and Seconded, to approve the recommendation of the Planning and Zoning Commission to retain the current hours of operation for neighborhood centers. The Mayor dedwW the motion canled. Joe Bdkcom, Environmental Advocates, reported on the plaeUc recycling of plastic milk and bottle containers and thanked Council and the Clry for their support. He noted a need for public education and promotion of the projw and urged the City develop a position within the City to assist In ongoing pr jm& Duane Means, Senior Center Commis - Slow, updated Council on activties at the Center. Moved and seconded, to adopt RES. 89.137, AMENDING THE AUTHORIZED ACQUISITION PRICE FOR THE ACQUISI- TION OF AN EASEMENT OVER PARCEL NO. SIRC1.03, ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTORIRALSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT. Moved and Seconded, to adopt RES. 89.138, AUTHORIZ- ING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR PARCEL NO. SIRC1.20, ALL IN CON- NECTION WITH THE SOUTHEAST INTERCEPTOR/RALSTON CREEK SEGMENT, PHASE 1, SEWER CONSTRUCTION PROJECT. Moved and seconded, to adopt RES. 89.139, AMENDING THE AUTHORIZED ACQUISITION PRICE FOR THE ACQUISI- TION OF EASEMENTS OVER PARCEL NO. SIRC1.19, ALL IN CONNECTION WITH THE SOUTHEAST IT Official Actions June 13, 1989 Page 5 INTERCEPTORTkSTON CREEK SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT. Moved and seconded, to adopt RES. 89.140, 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). Moved and seconded, to adopt RES. 89.141, ADOPTING THE REVISED ANNUAL BUDGET FOR FISCAL YEAR 1989, ENDING JUNE 30, 1989, FOR PUBLIC HOUSING PROJECTS, 3, 4, 5. Moved and seconded, to adopt RES. 89.142, AUTHORIZ- ING 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. Moved and seconded, to adopt RES. 89.143, AUTHORIZ- ING 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. Moved end aecarded, to adopt the following funding agreemem resolulbns: RES. 89.144, BIO BROTHERS/BIG SISTERS OF JOHNSON COUNTY; RES. 89.145, IOWA CITY CRISIS INTERVENTION CENTER; RES. 89.146, DOMESTIC VIOLENCE INTERVENTION PROGRAM; RES. 89.147, I JOHNSON COUNTY HAWKEYE AREA COMMUNITY ACTION PROGRAM PROJECT HEADSTART; RES. 89-148, MID - EASTERN COUNCIL OF CHEMICAL ABUSE; RES. 89.149, i RAPE VICTIM ADVOCACY PROGRAM; RES. 89.150, JOHNSON COUNTY CHAPTER, AMERICAN RED CROSS; RES. 89.151, NEIGHBORHOOD CENTERS OF JOHNSON COUNTY. Moved and seconded, to adopt the following funding agreement resolutions: RES. 89.152, ELDERLY SERVICES AGENCY OF JOHNSON COUNTY; RES. 89.153, MAYOR'S YOUTH EMPLOYMENT PROGRAM. Moved and seconded, to adopt the following funding agreement resolutions: RES. 89.154, COMMUNITY DEVELOP- ' MEM BLOCK GRANT FUNDING; RES. 89.155, GENERAL FUND, Moved and seconded, to adopt RES. 89.156, AUTHORIZ- ING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNI. CIPAL EMPLOYEES, LOCAL #183, AFL -010, TO BE EFFEC- TNE JULY 1, 1989, THROUGH JUNE 30, 1991. Moved and seconded, to adopt RES. 89.157, AMENDING BUDGETED POSITIONS IN THE RECREATION DIVISION OF THE PARKS 6 RECREATION DEPARTMENT. Moved and seconded, to adopt RES. 89.158, AMENDING BUDGETED POSITIONS IN THE FIRE DEPARTMENT. Moved and seconded, that the ordinance amending i Chapter. 23, entilled *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 pans of North Dubuque Road and Soon Boulevard, be given first vote for pMoved assages secondeddethattO D motion9-3420 carried. CHAPTER 34, ARTICLE III OF THE CODE OF ORDINANCES i OF THE CITY OF IOWA CITY, IOWA, WEED CONTROL; BY REPEALING SECTIONS 34.73, 3475, AND 3476 THEREOF, Offlclei Aalons June 13, 1989 Page 6 i i I i I I it ii '_a 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. StaBmembers present: Atkins, Halling, Timmins, Karr, Schmelser, 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. Mention - Frank Gordon & 1123JefferE, College St. Other properties nominated foson St. and 225 N. Governor St.; r a 1989 Historic Preservation Awaard Includrtha Gersh, e: 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: Outstandi�o Enrollee cat_ eaory - Matthew Hoover and Nichoal Scofield, Honorable Mention with Distinction - Kim Thuy Nguyen, Outstanding Transition Student - Michelle Nachtman. OutstandingWorksite Suoervisi_ on category: Jo Ball, George Boateng, and Teresa Ulin. The following students and staff of the Behavioral Learning Center were honored: staHmembers Linda Lawrence, Michael Bowers, Jean Karr, and Judy Rohret and students Tim Coblentz, Nathan Dewitt, Matt Hoover, 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 Piece; Carole Stribley-Brown, Third Place, Honorable Mentions were Vincent Casaregola, Nfford Yoder and Jan Krieger. Emilie Rubrlght, Project GREEN Co -Chair, presented cash prizes to the top three photographers. All winning entries are on display during the month of June at the Iowa City Public Library. The 1989 Iowa River Month Special Recognition Award was presented to Peg McElroy, Executive Director of the Mayor's Youth Employment Program. 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: Council Activities June 13, 1989 Page 2 Approval of Official Council Actions of the regular meeting of 5/30/89, 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. Permit 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. 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 Co. dba Walgreens, 1646 Sycamore. Approving a Class E Beer Permit for AM -PM Mini Mart Corp. dba AM -PM Mini Mart, 2303 Muscatine Ave. Approving a Class E Beer Permit for OuikTrip Corporation dba OuikTrip #539, 301 Market. Approving a Class 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. 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 problems in downtown Iowa City. Cora Pollack urging the Council to reverse their decision on Resolution 89.102 which approved changing the 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 Plaza for the purpose of soliciting signatures on a petition on 6/10/89, approved. Steve 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. I j 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 Councilmembers present. Moved by Balmer, seconded by Horowitz, to set a public hearing for 6/27/89, on an 6 of the Zoning ordinance care providers efromgthe Zoning Ordinance Section 36-4 and 5regulations fore child (care facilitienance to s 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. Affirmative roll call vote unanimous, 7/0, ail 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 rieMayor declared h sec nded by Ambrisco, that heo the ordinance to vacate portion of ion carried. Lafayette Streetaright- 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 Renae Lopez, 1162 Briar Drive, appeared and requested Council vacate the 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 -Scott Boulevard Addition from RM - 20 and RS -5, respectively, to PDH -8. Ben Moore, developer for the project, requested 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 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 ORD. 89.3417, 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 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 declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-130, Bk. 101, p. 130, APPROVING THE PRELIMINARY PLAT OF PEPPERWOOD ADDITION, PART 8, A SUBDIVISION OF JOHNSON COUNTY, IOWA. Affirmative roil call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. 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 airrmative. 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. 69-131, 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. AfOrmative 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 ■ Council Activities June 13, 1989 Page 6 Moved by Balmer, seconded by Horowitz, to adopt. RES. 89-134, 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 Councllmembers present. Joe Bolkcom, Environmental Advocates, reported on the plastic recycling of plastic milk and bottls 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 roil 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 INTERCEPTORIRALSTON 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 roil 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, staffmember 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, staffmember 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. 89-151, 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. i 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 roil 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. Hailing on his work. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Kubby, to adopt RES. 89.157, 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. Amrmative roll call vote unanimous, 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. 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 Umits on parts of North Dubuque Road and Scoff Boulevard, be given first vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. 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 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 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. MARIAN K, KARR, CITY CLERK JOHN MCDONALD, MAYOR COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES June 27, 1989 R 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. Staffinembers present: Atkins, Timmins, Karr, Schmeiser, Franklin, Moen, Caln, Doyle, Schmadeke. Council minutes tape-recorded on Tape 89-42, Sides 1 & 2; 89-43, Side 1, 1-490, The Mayor noted Studio 114 addition to the Consent Calendar. Moved by Ambrisco, seconded by Balmer, 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 6/13/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. - 5/19/89; CCN Comm. - 5/16/89; Riverfront Comm. - 5/24/89; Broadband Telecom. Comm. - 5/10/89; Civil Service Comm. - 5/23/89; Housing Comm. - 4/11/89; P&Z Comm. - 6/15/89. Permit Motions and Resolutions: Approving a Class C Liquor License for David L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market Street. Approving a Class C Beer Permit for Sinclair Marketing, Inc, dba Sinclair Service Station & Convenience Store, 2153 ACT Circle. Approving a Class C Uquor t License for Fraternal Order of Eagles, Iowa City Aerie #695, dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy. 1 South. Approving a Class C Uquor License for Vito's of Iowa City, Inc. dba Vito's, 118 E. College Street. Approving a Class C Uquor License for Motif, LTD dba M.T. Cohen, Old Capitol Center. Approving a Class C Uquor License for American Legion, Roy L. Chopek Post #17 dba American Legion, Roy L. Chopek Post #17, 3016 Muscatine Ave. RES. 89-159, Bk. 101, p. 159, ISSUE A DANCING PERMIT. RES. 69.160, Bk. 101, p. 160, ISSUING CIGARETTE PERMITS. Approving a Class C Uquor License for S&D Iowa City, Incorporated dba Studio 114, 114 Wright Street. Motions: Approving disbursements in the amount of $6,029,414.47 for the period of 5/1 thru 5/31/89, as recommended by the Finance Director, subject to audit. Correspondence: Joan Victor regarding request to vacate eastern alley between Governor and Summit streets. Letters from four neighbors attached. i Memo from the Civil Service Comm. submitting a certified list of applicants for the position of Treatment Plant Operator/Water. Applications for City Plaza Use Permits: Reproductive Rights Coalition to set up a table on City Plaza on 7/1/89, to distribute literature and offer Items for sale, approved. Iowa International Socialist Organization to set up a table on City Plaza on 7/1, 15, 29 and 8/26/89, to distribute literature and offer Items for donations, approved. Visiting Nurses Association of Johnson County to set up a table on City Plaza on 6/13, 19, 28, 7/5, 10, 20 and 8/1, 7, 16/89, to sell raffle tickets, approved. David Sewell to sing and play an acoustical guitar on City Plaza on 6/14-16/89, approved. Latin American Human Rights Advocacy Center to set up a table on City Plaza during the period from 6/15-31/89, I Council Activities June 27, 1989 Page 2 approved. Erica Womachka to vend hand-crafted Jewelry as an ambulatory vendor on 6/17/89, approved. New Pioneer Cooperative to have a pancake breakfast to benefit I -Care on 6/18/89, approved. James Clayton to set up a table on City Plaza on 6/16/89, from which to solicit signatures on a petition, approved. � Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, to set up a public hearing for 7/11/89, on an ordinance to vacate a portion of First Street extending west of Gilbert Street. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-161, Bk. 101, p. 161, APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOP- MENT (LSNRD) PLAN FOR AERO RENTAL LOCATED AT 227 KIRKWOOD AVENUE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on a resolution adopting the 1989 Comprehensive Plan Update. No one appeared. A public hearing was held on 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 (Paul and Joan Victor). Charles Swisher, 533 S. Summit, appeared and requested an easement to allow him to access his garage It the alley were vacated and hoped Council would not close the alley. Moved by Larson, seconded by Ambrisco, to approve the recommendation of the Planning and Zoning Commission that a study of traffic circulation on the east -west alley between Summit and Governor Streets (Paul and Joan Victor) be conducted contingent upon a preliminary report from staff on the degree of time and effort involved to prepare a report. The City Manager stated a preliminary report would be to Council in two weeks. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on an ordinance amending Chapter 36, entitled 'Zoning Ordinance" of the Code of Ordinances of the City of Iowa City, Iowa, by amending Section 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 occupa- tions. No one appeared, Councilmember Kubby noted Council discussion the previous evening re possibility of waiving or reducing the $265 special exception fee for smaller day rare providers. I Moved by Balmer, seconded by Kubby, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance amending Chapter 36, entitled 'Zoning Ordinance" of the Code of Ordinances of the City of Iowa City, Iowa, by amending Sections 36-4 and 36- i i 1 Council Activities June 27, 1989 Page 3 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 given second vote for passage. Balmer noted a memo from PPD Director Schmelser stating in lieu of an outright exemption to a limitation on hours for house calls for home occupations involved with child care, the hours of operation will be extended to 10:00 p.m. Kubby noted her earlier comment during the public hearing re possible reduction or waiver of the fee. The Mayor stated that would be a separate item for discussion at a later time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on the City's intent to convey to Jack Moyers at al. the vacated right-of-way of Loos Street, between Rocky Shore Drive and Black Springs Circle. Jack Moyers, 1130 Dill Street, stated he wished to enlarge a bedroom and asking if there would be consideration to moving the driveway that has been constructed in the right-of-way. f Staffinember Schmelser present for discussion. Mr. Moyers stated that his primary aim would be satisfied If the street were vacated and he was allowed to purchase the abutting property. } Staff will research and report back. Moved by Ambrisco, seconded by Horowitz, that ORD. 89-3421, Bk. 30, p. 22, VACATING PORTIONS OF LAFAYE17E STREET (Gary and Ralph Freeman), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. A public hearing was held on the City's Intent to convey to Gary L Freeman and Ralph J. Freeman that portion of the vacated Lafayette Street right-of-way located between Ralston Creek and South Gilbert Street and a portion of the vacated Linn Street right-of-way immediately north of the vacated Lafayette Street right-of-way. Gary Freeman outlined his reasons for wishing to acquire the property. Mr. Freeman noted the total square footage is about 9,000 square feet; however, CRANDIC Railroad runs through almost 4,000 square feet of the property. Therefore, only about 5,000 square feet is usable. He added that he was also willing to give back to the City an 8' easement across the back of the lot; that the City was going to require closing up the wide entrance to the street at an estimated cost of $2,500 to tear up the existing street; and that a gas easement runs across the lot so that it can never be built upon. He also noted that he was not sure the lot that he already owns next to this property has legal access and would require petitioning a curb cut onto Gilbert Street without this property. Councilmembers expressed concern re the purchase price of $1,000 (.100 a square foot). Moved by Balmer, seconded by Larson, to adopt resolution 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. Council acknowledged a memo from PPD staff regarding comparable sales. The City Attorney reported on three private sales in the area, and reviewed the procedure for City vacation and disposition of parcels, PPD Director Schmelser noted that the lowest square foot price the City has paid recently was for land acquired on West Benton Street at .850, and that Mr. Freeman says he has 3,900 square feet of usable feet in the land he wishes to acquire from the City. Therefore, Schmelser suggested the land was equal to at least three times more than the offer made, Individual Councilmem- bers expressed their views and directed staff to negotiate a price of no lower than $3,000 for the parcel. After discussion, earlier motion to adopt was withdrawn. Moved by Kubby, seconded by Horowitz, to defer two weeks consideration of a resolution authorizing sale and I Council Activities June 27, 1989 Page 4 conveyance of excess City property, to -wit, a portion of vacated Lafayette Street and Unn Street rights-of-way generally lying east of Ralston Creek in Iowa City, Iowa, subject to retaining certain utility and conservation easements. The Mayor declared the motion carried unani- mously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Courtney, that the ordinance vacating a public walkway easement located between Lots 26, 27, 46 and 47 of Pepperwood Addition, Part 2, be given first vote for passage. Horowitz said she recognized the binds the neighbors were in, but felt there was a purpose in maintaining Internal circulation and would be voting against the request. Larson stated he felt the neighborhood had changed and didn't feel the sidewalk t was necessary. Courtney asked that this subject be addressed by staff when they reviewed f the subdivision ordinance. The Mayor agreed and commented that he hoped such items ij would be tightened up in the subdivision ordinance revisions. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Larson, McDonald, Ambrisco, Balmer, Courtney, Kubby. Nays: Horowitz. iMoved 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 voted be waived and the F second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance to approve 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 given second vote for ; passage. Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-162, Bk. 101, p. 162, APPROVING THE FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT (LSRD) PLAN FOR WILLOWBROOKE POINTE CONDOMINIUMS, LOT 33 CAMERON SUBDIVISION. Balmer noted comments regarded the development not being in character with the area and reminded people that there is is a PDH -8 zone just north of there on the corner of Melrose and Mormon ! Trek. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Balmer, Courtney, Horowitz, Larson, McDonald. Nays: Kubby. Moved by Ambrisco, seconded by Balmer, to adopt RES. 69-163, Bk. 101, p. 163, APPROVING THE FINAL PLAT OF TY'N CAE SUBDIVISION, PART 5, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA, AND CLARIFYING CERTAIN RIGHT-OF-WAY BY VACATING PORTIONS OF DYNEVOR CIRCLE PREVIOUSLY DEDICATED AND PLATTED IN TY'N CAE SUBDIVISION, PART 3, AND ACCEPTING REDEDICATION OF REALIGNED DYNEVOR CIRCLE. Affirmative roll call vote unanimous, 7/0, all Councllmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Larson, to adopt RES. 89-164, Bk. 101, p. 164, APPROVING THE PRELIMINARY AND FINAL PLATS OF RESUBDIVISION OF BLOCK 45 EAST IOWA CITY, A 0.48 ACRE TRACT LOCATED IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF "H11 STREET AND SIXTH AVENUE. The Mayor declared the resolution adopted. f Council Activities June 27, 1989 Page 5 A public hearing was held on the proposal to increase the aggregate principal amount of industrial Revenue Bonds (Michael Development of Iowa LP. Project) Series 1989, from $3,000,000 to $5,000,000 of the City of Iowa City, Iowa. No one appeared. Moved by Balmer, seconded by Courtney, to adopt RES. ii APPROVING PROCEEDING WITH AN INCREASE IN THE AGGREGATEPRINCIPALAMOUNT I OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT OF IOWA L.P. PROJECT) SERIES 1989, FROM $3,000,000 TO $5,000,000 OF THE CITY OF IOWA CfiY, IOWA. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor II declared the resolution adopted. Moved by Ambrisco, seconded by Larson, to appoint Ernest Galer, 1749 W. Benton ++i Street, to the Bd. of Adjustment for an unexpired term ending 1/1/94. The Mayor declared the f motion carried unanimously, 7/0, all Councilmembers present. i j Councilmember Courtney noted the recent update from the Community Relations Officer and acknowledged the donation from the Knights of Columbus of a McGruff Crime Dog costume. He noted the memo from the City Mgr, re installation of warning sirens and announced the resignation of Renee Jedlicka, Iowa City-Coralville Convention Bureau Director. Horowitz invited everyone to participate In a broadcast Garbage. Trash. Solid Waste and You m�' B1 scheduled for July 5, from 7:30 to 9:00 p.m. in the Public Library. She noted that individuals 11 unable to attend could participate by phoning in their questions. Copies of the ECICOG Regional Comprehensive Solid Waste Management Plan Report #1 d by Brice, e nes- ono us o, wi a a ava e Ambrisco congratulated Asst. City Mgr. Hel i g and a^ a W his wife on the arrival of their son 6/23, and bid farewell to retiring Mercy Hospital Administrator he (er Avenue for the C&vp�.(� const ucti nary eper period and Balmer omment d tit seems to a orary working ht Installed well in slow ng down traffic ,dj4'', on the by-pass. He requested that information be shared with IDOT who wish to place a light D""Guo on Orchard at a later time. City Mgr, will follow-up. Larson questioned if the City Mgr, and staff had looked Into the traffic problem on Melrose and Grand Avenue. The City Mgr. ai reported that staff will be doing a traffic count due to concern for safety of pedestrians and will be painting the Intersection with crosswalk and additional signage. Larson updated the 3 public on the status of the erosion problem associated with the Cliffs Apartments, and assured the public that the City is working with the developer to correct the problem. Moved by Larson, seconded by Balmer, to approve the recommendation of the Riverfront Commission that the amendment to the River Corridor Overlay Zone concerning the 30 foot setback be withdrawn, The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco seconded by Kubby, to adopt RES. 89-166, Bk. 101, P. 166, RESOLUTION IN SUPPORT OF THE IOWA CITY RIVER CORRIDOR TRAIL AND AUTHORIZING THE FILING OF A RECREATIONAL TRAILS GRANT APPLICATION WITH THE IOWA DEPART- MENT OF TRANSPORTATION. Allen Stroh, 3023 Cornell, updated Council on the status of e th project between Iowa Avenue and the footbridge. Mr. Stroh stated that a problem exists with the northerly portion. Project GREEN will help with the portion from the Art Building to Iowa Avenue. Stroh said staff had declined to ask Council for that portion as it was all University property and that the University had agreed to maintain the trial once constructed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present, The Mayor declared the resolution adopted. Council Activities June 27, 1989 Page 6 Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89-167, Bk. 101, p. 167, AUTHORIZING AND DIRECTING THE FILING OF AN AMENDED APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR TRANSIT CAPITAL ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID AMENDED APPLICATION. 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. 89-168, Bk. 101, p. 168, AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS AND RECEIPT OF BIDS TO PURCHASE CERTAIN LAND FOR PRIVATE REDEVELOPMENT, KNOWN AS PARCELS C AND D, LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH ACTIONS. Kubby clarified that this changes the word from minimum price to suggested price, but that the City still has to accept fair market value for the property. 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. 89-169, Bk. 101, p. 169, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CENTRAL STATES CAN CO./SILGAN CORP. RAIL SPUR RAP- RR89(5)-9T-52 PROJECT SUBJECT TO APPROVAL AND ADDITIONAL FUNDING FROM THE IOWA DEPARTMENT OF TRANSPORTATION RAIL AND WATER DIVISION, to Peterson Contractors, Inc. for $81,589.50. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Ambrisco, 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, 15-62,15-63 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 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 first vote for passage. Balmer applauded the City Mgr, and staff for proceeding in the proper manner. Kubby stated she preferred not to have fees for taking of these Items. Ainrmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 89-170, Bk. 101, p. 170, AUTHORIZING AND DIRECTING THE MAYOR AND CiTY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN AGREEMENT WITH ROSEBAR TIRE SHREDDING CENTER, INC. OF VINTON, IOWA FOR THE PROVISION OF TIRE RECYCLING SERVICES AT THE IOWA CITY LANDFILL, for the unit price of $71.00 per ton. Horowitz challenged the public to develop new Industries for solid waste management. Kubby asked the City to change the procedures to allow smaller businesses to participate. Balmer noted the City needed to be cautious to protect the taxpayers. Affirmative roll call vote unanimous. 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Council Activities June 27, 1989 Page 7 Moved by Ambrisco, seconded by Larson, to defer for two weeks a resolution authorizing and directing the Mayor and City Clerk to execute and attest, respectively, an agreement for the provision of scrap metal recycling services at the Iowa City Landfill. The City Mgr. stated that procedurally nothing changes in the special pick-up provisions until after the ordinance regarding fees is passed. Public Works Director present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89.171, Bk. 101, P. 171, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN AGREEMENT WITH WESTINGHOUSE SPECIALTY SERVICES, INC. (APTUS) OF COFFEYVILLE, KANSAS, FOR THE PROVISION OF PCB DISPOSAL SERVICES FROM SOLID WASTES DELIVERED TO THE IOWA CITY LANDFILL, for $1.60 per pound or $800.00 minimum per scheduled trip. Public Works Director Schmadeke explained that the PCB will be stored in 55 gallon drums and that staff will be trained in handling the material. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrlsco, seconded by Kubby, 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 first vote for passage. Balmer questioned the procedure for notifying customers. The City Mgr. explained that staff is researching a mailer, utilizing the school system, and local Boy Scouts. Kubby questioned if the City would have to amend the ordinance each time the State increased the tax per ton. The City Atty, said that unless the City wanted to absorb the additional cost that would be necessary. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 89.3422, Bk. 30, P. 23, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance be finally adopted at this time. ANirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 89-172, Bk. 101, p. 172, AUTHORIZING THE ACQUISITION OF THE REMAINING TEMPORARY CONSTRUCTION EASEMENTS AND PERMANENT SEWER EASEMENTS FOR THE SOUTHEAST INTERCEP- TOR/RALSTON CREEK SEGMENT, PHASES 1 AND 2, SEWER CONSTRUCTION PROJECT, with revised exhibit. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. r Council Activities June 27, 1989 Page 8 Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-173, Bk. 101, p. 173, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN ADDENDUM TO THE fOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR RISE FUNDING FOR THE HIGHWAY NO. 1 AT 1.80 PAVING IMPROVE- MENTS PROJECT, NO. RM -3715(3)-9D-52, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Ambrisco, to defer for two weeks a resolution 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 Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Horowitz, seconded by Ambrisco, to adjourn 9:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. ?HN NALD, MAYOR MARIAN K. KARR, CITY CLERK ' r I 4 r Council Activities June 27, 1989 Page 8 Moved by Ambrisco, seconded by Balmer, to adopt RES. 89-173, Bk. 101, p. 173, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN ADDENDUM TO THE fOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR RISE FUNDING FOR THE HIGHWAY NO. 1 AT 1.80 PAVING IMPROVE- MENTS PROJECT, NO. RM -3715(3)-9D-52, Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Ambrisco, to defer for two weeks a resolution 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 Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Horowitz, seconded by Ambrisco, to adjourn 9:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. ?HN NALD, MAYOR MARIAN K. KARR, CITY CLERK I ■ i Informal 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. StaNmembers Present: Atkins, Karr, Timmins, Smith, Schmelser, Schmadeke, Franklin, Moen, Pelkey, DeLong. Tape-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 HEARING FOR JULY 11, 1969, ON AN ORDINANCE TO VACATE A_P_ORTION OF FIRST STREET EXTENDING WEST OF GILBERT STREET. (V-8904) B. A. See item B. Schmelser 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, Krkwood Avenue, and First Street. Schmelser explained the ordinance requires that street trees be planted along the right-of-way, not within the right-of-way. Schmelser 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. OF FIRST STREET EXTENDING WEST OF GILBERT STREET. (V-8904) Schmelser 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. Schmelser staled 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 Iowa City City Council June 26, 1989 is Page 2 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 i' 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 j requirad 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 K 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. Schmeiser 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 Pi to comply with the total number of required parking spaces, but only for that proposed building. Horowitz asked it the building needed to be set back from Ralston Creek. Schmeiser stated there is not a setback requirement but the applicants 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. C. A i See separate discussion. Schmelser explained that Paul and Joan Victor are the petitioners who have pointed out a problem regarding traffic in the alley. Schmeiser 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. Schmeiser noted the apartment complex does have access to Governor Street and need not access this north -south alley. Schmeiser stated the Planning & Zoning Commission did recommend the matter be referred to the appropriate staff for review and report. Schmeiser 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. Schmeiser 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. Schmeiser stated if Council proceeded to give the ordinance first consideration and denied it, then the application is denied. i R Iowa City City Council June 26, 1989 Page 3 E. RECOMMENDF F. G. See above item D. 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 10:00 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. Schmeiser 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, Schmelser 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. Schmelser 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. Schmeiser 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. See above item F. spy Iowa City City Council June 26, 1959 Page 4 2 Schmelser stated last December the City Council vacated the street and now the City has received an offer to purchase the right-of-way. Schmeiser stated that acquisition is subject to a legal survey of the property and easements being established for drainage, sanitary sewers and access. Schmeiser 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. 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. Schmeiser stated the only concern raised by staff was the offer received by Freemans for the amount of $1,000 or 10.570 per square foot. Schmeiser stated Council received a copy of a letter from Monica Moen to Freeman suggesting that offer did not approximate fair market value. Schmelser stated recent purchases by the City for property have been for 652 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. Schmeiser 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. Schmelser 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. Schmeiser stated the City has a number of comparisons, but in no case has the City either bought or sold land at 10.52 per square foot. Schmeiser 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 It depends upon the nature of the farm ground. Timmins stated staff could prepare a list of comparables based on City acquisitions. Atkin 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 ff 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 it the $1,000 offer is negotiable. Freeman stated no. Courtney noted a public hearing will be held at Council's formal meeting on Tuesday. 1 /9 0 Iowa City City Council June 26, 1969 Page 5 L. ORDINANCE V/ Schmelser 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. Schmelser stated staff and the Planning & Zoning Commission have recommended to retain the easement. Schmeiser explained that according to subdivision regulations, sidewalks are t 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. Counciimembers discussed the need for a sidewalk. Larson i stated the sidewalk is not needed for Internal circulation. Horowitz stated she did not t see any compelling reason not to require the sidewalk. Courtney asked why the sidewalk was not constructed within one year after it was approved. Schmelser 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 lions on properties at such time as the building permits are issued. In this case, there were no liens placed on the property. Schmeisor explained the reason the Building i 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. x Courtney asked If the easement could be retained and, through an agreement, require i'. a sidewalk If a school is built. Schmelser stated that option is not in the ordinance, but F staff could present Council with an amendment to the current subdivision regulations. Y M. ORDINANCE TO APPROVE OBERLIN ESTATES, A PRELIMINARY AND FINAL PLANNED TO PDH -8. Schmelser 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, Schmelser stated the proposed location of a tree within the floodplain crossing the property was moved. No Council comment. JZ /f Iowa City City Council June 26, 1989 Page 6 12 Kubby asked if there was a problem with placement of the driveway. Schmeiser said no. REGIONAL COMPREHENSIVE SOLID WASTE PLAN: Reel 69-36, Side 2 Bob Bamsey 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 Counctlmembers 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 Plan. 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 staled 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 not to continue to gather data. Atkins said the report brings all the elements into the document, but the analysts 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. - i9 Iowa City City Council 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 enerav 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. Councilmembers 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. Councilmembers 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 PLAN UPDATE REVIEW: Reel 89.40, Side 2 Franklin noted Councilmembers 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 I 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. Councilmembers 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 j 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 S /% 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 'd 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 AGENDA/rIME: 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 50 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 9 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 fix 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. 5. 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 Rom No. 23. i i- Iowa City City Council June 26, 1989 Page 9 6. (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. I' Ii I� i