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HomeMy WebLinkAbout1989-09-05 Council MinutesInformal Council Session August 8, 1989 Informal Council Session: August 8, 1989, 6:25 p.m., Civic Center Council Chambers. Mayor McDonald presiding. Councilmembers Present: McDonald, Balmer, Courtney, Larson, Kubby, Ambrisco. Absent: Horowitz. Staffmembers Present: Atkins, Halling, Karr, Timmins, Smith, Schmadeke, Schmeiser, Vitosh, Fowler. Tape-recorded: Reel 89-46, Side 1, 277 -END, Side 2, END -1. UNIVERSITY/CITY RIGHT-OF-WAY AGREEMENT: Reel 89-46, Side 1 McDonald stated the University of Iowa and City have discussed different proposals regarding the right-of-way agreement for the past two and one-half years. McDonald stated this agreement tries to layout some type of format and review system where the City and University would meet on a periodic basis to review CIP programs. Larson asked City Attorney Timmins to summarize the difference between this proposal and the last proposal that was made. Timmins stated the primary difference is originally the City hoped to prepare an agreement that would more or less embody the relationship and formal legal relationship of the City and University in granting each other the right to use one another's property for utilities and facilities and this agreement embodies more the planning and coordination. Timmins stated f this agreement does provide an opportunity for Input by the University and/or City. Timmins stated the agreement is Intended to be used only when City projects affects University property or when' University projects affect City property. Atkins noted the agreement includes the whole University environment including the hospital. Larson asked why the previous proposed agreement was not accepted by the University. McDonald explained the City previously sought a licensing agreement and the University felt the licensing agreement was too restricted. McDonald stated the current proposal allows the opportunity to review each other's project. Staff and Councilmembers discussed the proposal. Kubby stated the proposal should Include a statement regarding coordination and timing of the project of right-of-way usage. Courtney j asked who would be on the review committee. Atkins stated he will recommend Schmadeke, Schmeiser and himself as City representatives. Ambrisco asked that once the committee is established, the committee be asked when the University Intends to tear up Burlington Street again to put in more repair work on the underground steam pipes. Councilmembers agreed that this proposal is a good step. Atkins stated he can communicate with the University by letter saying the City accepts the outline of the proposal. Atkins proposed the committee be convened to work out the initial details. Councilmembers agreed that a resolution by Council should be used to establish the agreement. McDonald stated Council needs to address the Issue regarding approval to energize the Madison Street electrical generator. Larson stated It needs to be determined whether the University should pay the City a cable television franchise fee. Larson stated that issue needs to be discussed. Timmins stated the City has to deal with the specific documentation for the project which will Include some form of easement to allow them to use the city streets for that purpose. Council directed Timmins to draft some type of easement to allow the University to use the streets. Minutes Informal City Council Session August 8, 1989 Page 2 CERTIFICATION OF SUFFICIENCY - REFERENDUM PETITION: Reel 89-46, Side 1 Karr stated Councilmembers received copies of the Certificate of Sufficiency that was delivered personally to Mr. Clayton and was sent registered certified mall to Ms. Gilpin. Karr stated the total number of certified valid signatures accepted by the City is 2,951, which does meet the criteria for the referendum total of 2,500. Karr stated that on Council's agenda there is a motion to accept the Certificate of Sufficiency which would then Implement the 30 -day period for which Council Is required to take action. Karr noted that Council has the option of repealing the resolution or calling for a special election on the question. McDonald stated formal Council Agenda Item No. 71s a motion approving the Certificate of Sufficiency regarding the referendum proceedings. McDonald stated Council needs to give direction tonight. In response to Larson, Karr stated the actual calling of the special election would be by resolution. McDonald stated Councilmembers will discuss the Certificate of Sufficiency under Council Agenda Item No. 7. PARKING PERMITS: Reel 89.46, Side 1 Karr noted Councilmembers received the proposed ordinance dealing with parking. Karr noted two corrections were made on the cover sheet of that ordinance. Vitosh noted Council - members did receive a memo regarding the additional parking permits and changes on the maximum all -day parking rate in the Dubuque Street ramp. Balmer noted Councilmembers also received a letter from the Chamber of Commerce. Balmer inquired about the problem with permit holders parking in the lower level of the parking ramps. Fowler explained requiring people to park in the upper levels of the ramp Is unenforceable unless the City uses permanent permits on bumpers. Fowler noted an old policy was set by the Legal Department stating the City cold not make people put things on their cars in certain places, Balmer stated he would not vote to approve the proposed changes without an enforcement mechanism. Council - members and staff discussed what levels of the parking ramp parking permit holders should park on. In response to Larson, Fowler said it would be a simple solution that would work to require parking permit holders to use a sticker. Balmer said adequate notice should be given regarding enforcement. Larson stated the key is making parking available for customers. Ambrisco noted that Des Moines; Cedar Rapids; Columbia, South Carolina; Roanoke, Virginia; and Winston- Salem all allow permit holder parking on the first two floors, Courtney stated the City should figure out the ways to get the top level of the parking ramps used. Balmer Inquired about the number of parking permits staff is proposing to sell. Fowler stated occupancy figures were studied and it was decided 10D parking permits were too many, Fowler said 75 parking permits would use the available space and meet the demand the public has. Kubby asked what would happen when Parcel 64 -IA is developed. Fowler stated most parking permit holders will be able to use the Dubuque Street ramp and that Is why the City made the recommendation for these permits in the Capitol Street ramp. Staff and Council - members discussed the use of parking permits In the Capitol Street and the Dubuque Street ramps, Fowler stated that 99 percent of the time there will be adequate room for parkers and permit holders. Councilmembers noted that Vitosh and Fowler did an excellent Job in preparing the changes. Ambrisco inquired about the handicapped parking space penalty. Fowler stated that penalty Is $25. Councilmembers discussed the demand for parking permit holders and the Impact of future development in the downtown area. Fowler noted 91 people are currently on the waiting list for parking permits and that will Increase when University students return to town. Courtney ■ Minutes Informal City Council Session August 8, 1989 Page 3 suggested the City establish a pilot program where parking permit holders could park anywhere for $55 or $60 and only on the top floors for $35 or $60. Vitosh stated the demand is still there for permits, so the City should not have to reduce the price for those permits. Balmer asked what would happen if in the future the City would need to eliminate some permits. Vitosh said elimination of permits could be done through attrition and also the City Is considering additional parking facilities near the Civic Center lot. Regarding the $25 handicap parking space penalty fee, Timmins stated the Iowa City Code has already established that $25 fee and the City will make the necessary changes in the proposed ordinance prior to Council action the following evening, Regarding the parking permits, McDonald asked if changes were made to address demand or to generate revenue. Fowler said there was a demand for additional parking permits. In response to McDonald, Fowler said the changes would be a change in policy in that the City's policy was to make sure there would be adequate spaces for shoppers in the Capitol Street ramp at all times and now the shift is to make parking available in either ramp. Courtney asked if the changes posed potential loss of revenues. Fowler stated some people paying all day in the Capitol Street ramp would buy permits which could result in a loss of revenue, and a result in the loss of revenue could occur If a maximum dally rate In the Dubuque Street ramp is approved. Councilmembers discussed the number of permits, the cost of permits, and an enforcement mechanism. Atkins noted that Parcel D has parking potential. Vitosh noted that parking ramp Income is well above what the City needs to satisfy bond covenants. Council agreed to proceed with recommendations and direct staff to prepare an enforcement policy proposal. Vitosh noted that Bob Quick, Executive Director of the Chamber of Commerce, may be contacting Councilmembers re the proposal. COUNCIL TIME/AGENDA: Reel 89-46, Side 2 1. (Agenda Item No. V. - Ordinance vacating a portion of the east -west alleyway located between Governor and Summit streets) Kubby asked why this Item is on the agenda. Atkins stated that City staff, Including Jim Brachtel and himself, have studied the problem and could not come up with a solution. Atkins stated he cannot recommend blocking the alley off. Schmeiser stated that the property owners, the Victors, can put up a solid fence. The meeting adjourned at 7:28 p.m. i I. r I i Informal Council Session August 21, 1989 Informal Council Session: August 21, 1989, 6:30 p.m, in the Council Chambers. Mayor John McDonald presiding. Councilmembers Present: McDonald, Ambrisco, Balmer, Horowitz, Kubby, Larson, Courtney. Staffmembers oresent: Atkins, Timmins, Karr, Schmeiser, DeLong, Trueblood, Fowler, Schmadeke. Tape-recorded: Reel 89-48, Side 1 all, Side 2 all; Reel 89-49, Side 1, 1-277. CONSENT CALENDAR: Reel 89.48, Side 1 Council agreed to add a Class "C" Beer Permit for RSNV, Inc, dba Russ Amoco Service and a resolution issuing a cigarette permit to Comer's to the Consent Calendar. PLANNING & ZONING MATTERS: A. j Reel 89.48, Side 1 Schmelser explained that a double frontage lot is a lot that has frontages on two streets and if a double front lot has one frontage on an arterial street, a property owner would be permitted by right to erect a 6' high fence along that arterial street side. Atkins inquired about front yards on properties located on First Avenue. Schmeiser explained that a front yard exists along all streets. In response to Kubby, Schmeiser stated any yard abutting a street is considered a front yard. Horowitz inquired about the language, uln certain circumstances." be used. Schmelser stated double frontage Horowitz t lot"can be used. Schmelser hat lnotede frontage tthat and dditional circumstance that applies is when there is a corner lot that abuts both an arterial street and a double frontage lot. Horowitz stressed that it should be more clearly written, Schmelser stated that this pertains to a previous ordinance provided by staff to the Planning & Zoning Commission and Legal staff, at that time, raised concerns about the consistency of the provisions. Kubby asked for a definition of vision triangles, Schmelser stated that on the corners of all streets there must be maintained a vision across the corners so cars that pull up to the intersection can see across that corner and the City will require that there be fences not constructed within a triangle established at the street corners. Courtney raised concerns about inconsistencies with other Code provisions. Schmelser stated that there is a requirement in the ordinance for a vision triangle pertaining to fences. I� '1 I I ii i Minutes Iowa City City Council Informal Council Session August 21, 1989 Page 2 C. Larson inquired about the 3.1 floor area ratio. Schmeiser explained that in Residential zones, there is a lot coverage requirement and in Commercial and Industrial zones, the City measures the intensity of development by floor -to -area ratio - the total floor area of the buildings to the lot area. Schmeiser explained that in Commercial zones there are generally no restrictions as to occupancy of a lot by a building except by front yard setbacks. Kubby raised concerns about blocking the sun or solar panels and impacting on the aesthetic view. Schmeiser stated that in the past there were comments about easements for some/solar panel obstruction and it is on staff's pending list to consider. In response to Kubby, Schmeiser explained that at low noon sun angles, the sun casts a shadow two feet for every one foot of height and that's where the City got the requirements - for every one foot of height there should be two feet of separation. Schmelser noted to Councilmembers that after a public hearing there may be comments for applicability of this ordinance to other Commercial zones. D. PUBLIC HFAPIAIr; nAl eni nDMKIA�,n,- E. Schmeiser presented a zoning map. Schmeiser stated the City considers streets to be unzoned and only zoned private property. Schmeiser said there are provisions in the Zoning Ordinance which require separation of structures and uses from those across the street. For purposes of determining where those separations are measured, it is assumed to be from the centerline of the streets. In response to Horowitz, Schmeiser explained that when staff and the Planning & Zoning Commission considered Items C and D, they did look at other CO -1 zone locations other than Mercy Hospital. Schmeiser explained that where a CO -1 zone is across the street from a single-family residential zone, the exception of height cannot be made except by the general provision section of the ordinance which allows increases in height for any building above the maximum permitted height for a building in the zone in which it is located. No Council comment. Minutes Iowa City City Council Informal Council Session August 21, 1989 Page 3 CENTRAL BUSINESS DISTRICT: Balmer requested that discussion be scheduled regarding the RM -145 zone south of Burlington Street. Schmeiser stated staff can prepare a report summarizing previous discussions regarding the high-rise residential zone and parking as it relates to that area. Ambrisco Inquired about development plans for 300 South Linn Street. McDonald stated that that development should also be addressed by Council. McDonald asked staff to schedule discussion regarding RM -145 zone south of Burlington Street. PROJECT GREEN PRESENTATION- COLLEGE GREEN PARK: Reel 89.48, Side 1 Craig Willis, Emilie Rubright, and Pat Boutelle presented information regarding College Green Park improvements. Boutelle presented drawings and stated a topographic survey of the park was done. Boutelle explained that Project GREEN does not want to change the use of the park. Boutelle explained plans Include locating playground equipment along Johnson Street, leisure use of the park on the north side, locating a gazebo at the Dodge Street location and retaining the diagonal crosswalks. Boutelle noted many trees along Washington Street are bad and will need to be removed. Boutelle presented drawings of the proposed changes including the removing steep slope in the northwest corner and establishing a series of stairs. Boutelle emphasized that it will be important to begin a tree replacement program and plans are to Increase plantings around the play area, retain the basketball area, Increase the number of benches, and to Install planting beds. Boutelle stated that construction of an 18'-20' gazebo Is planned. Kubby inquired about lighting. Boutelle stated the architects were asked to keep security in mind when designing the park area. Boutelle noted that cutting slopes on two sides of the park will open the park to view from the street, Boutelle stated plans are to install period fixtures and a post railing around the park, Ambrisco asked if the gazebo would interfere with the lawn chairs and blankets whenever persons listen to the community band. Boutelle stated no, that the gazebo will add to people's ability to listen to the band. Councilmembers discussed plans for the park and current use of the park. In response to Kubby, Boutelle stated the Parks & Recreation Commission will decide the type of playground equipment for the park. Rubright asked Councilmembers for permission to make College Green Park Improvements and to raise money for those Improvements. Rubright stated $200,0004250,000 is needed for the park Improvements. Rubright asked Council for in-kind contributions from the City, Including staff time for tree removal and the writing and supervision of bids, and supervising the contractors. Ambrisco asked if the City Forester was contacted regarding the analysis of trees in the park. Rubright stated the City Forester assisted with the tree analysis, McDonald raised concerns regarding vandalism to the gazebo. In response to Courtney, Atkins stated City staff can do tree removal and prepare the bid documents, Councilmembers discussed improvements for the park, Balmer noted that Project GREEN's Improvements plans show a lot of foresight. Horowitz asked if neighboring citizens took part In the discussions regarding plans for the park. Atkins stated the Parks & Recreation Commission can notify area neighbors and set up a meeting. Kubby inquired about the I Minutes Iowa City City Council Informal Council Session August 21, 1989 Page 4 proposed width of the sidewalks. Rubright stated park improvements and the design will be done in scale. Boutelle stated consideration was given to snow removal when looking at sidewalk width. Councilmembers unanimously endorsed the plans as proposed. RENO STREET PARKLAND ACQUISITION: Reel 89-48, Side 2 Atkins noted Councilmembers received information in the packet. Atkins stated the house has been vacant, the house is rehabitable, and Montessori School contacted the City regarding purchase of the property. Atkins noted that he referred the Montessori School to the Parks & Recreation Commission. Atkins stated the City would contribute up to $2,500 from the parkland acquisition for the demolition of the house. In response to Larson, Atkins stated Montessori School and the City of Iowa City would be splitting ownership of the land. Larson asked how the land would be used. Ambrisco asked if Montessori School is proposing to buy the 25 feet contiguous to their property. Larson stated that it should be known if citizens will get to use the park area that Montessorl School owns. Trueblood stated that property owned by Montessori School would be treated like any other park contiguous to any other private property line. Larson stated the arrangement should be set out in the original deal. Trueblood said the arrangement could be laid out in agreement. Councilmembers discussed the purchase of the property. Larson stated the City should be Judicious where money is spent for parkland. McDonald noted that this could be an opportunity to acquire land on a share cost basis. Trueblood noted the neighborhood has been contacted and are in favor of the acquisition. Trueblood noted neighborhood residents do not want Montessori School to put parking on the property and do not want additional playground equipment at the park. In response to Larson, Trueblood stated Montessorl School has agreed to some restrictions. Horowitz asked if it would be possible to ask Montessorl School to sell their portion of the park if Montessorl School would move. Atkins stated the City could take a right of first refusal. In response to Balmer, Atkins staled the Parks & Recreation Commission voted unanimously on this recommendation. Trueblood and Timmins stated the additional information will be provided for Council. PARKING ENFORCEMENT: Reel 89-48, Side 2 Atkins noted Councilmembers received Information in the Council packet outlining enforcement procedures. Atkins noted the Chamber of Commerce has a number of reservations regarding granting of any permits in the Capitol Street ramp. Fowler stated the Chamber of Commerce is very much opposed to allowing permits in the Capitol Street ramp. Balmer stated the Chamber has concerns regarding parking on lower levels of the Capitol Street ramp. Fowler noted a study is being done regarding expanding parking in outlying areas of the Civic Center, Chauncey Swan, and the Rec Center. Fowler noted that there has been a 4,5% Increase in parking throughout the city. i i /. 1 Minutes Iowa City City Council Informal Council Session August 21, 1989 Page 5 Fowler stated that if the ordinance Is adopted, maintenance people who are driving through the ramp during the day could also provide enforcement. Courtney suggested that changes not be done at the Dubuque Street ramp. Councilmembers discussed the proposed changes and enforcement as it relates to both the Dubuque Street ramp and Capitol Street ramp. Courtney stated he did not understand why the Dubuque Street ramp permit process needs to be changed if it is currently working well. Timmins noted that ordinance changes may be needed to change the permit and enforcement procedures at the Capitol Street ramp. Timmins stated staff should take a look at puffing the regulations in the City Code, SOLID WASTE MANAGEMENT ISSUES, Reel 89-49, Side 1 Atkins noted Councilmembers received his memo outlining solid waste management issues. Atkins stated the City plans are to keep basic plans of municipal pick-up at the curb and to encourage source separation at homes. Atkins stated the program will allow the public the opportunity to enter Into the recycling market through the municipal pick-up process. In response to Kubby, Atkins stated the City has not discovered the kind of market needed to allow the glass recycling program. Councilmembers discussed the recycling of solid waste management programs. Council agreed with the City Manager's approach to solid waste management as outlined in the memorandum. COUNCIL TIME: Reel 89-49, Side 1 1. Balmer asked if the September 5, 1989, meeting could be scheduled one-half hour early. McDonald stated the Informal Council meeting could be scheduled at 6:00 p.m. and the formal Council meeting at 7:30. Karr noted that a change in the formal Council meeting schedule would be viewed as a special meeting. Councilmembers discussed the schedule date and the need for a decision regarding the referendum date. Council agreed to schedule a 6:00 p.m. informal Council meeting and a 7:30 p.m. formal Council meeting on September 5, 1989. 2. Horowitz referred to the fiscal year-end report from the Fire Department. Horowitz stated there needs to be increased public relations material regarding the need for fire safety in buildings, apartments and homes. Atkins stated an informatlonal flier could be distributed through the Rental Rehab Program. 3. Horowitz inquired about the auction for the Idyllwild land, Timmins stated it is a private auction. Atkins stated the Idyilwiid tract and the fraternity tract are separate tracts of land and Glasgow Is complaining about the changes on the fraternity side, not the Idyllwlld side, Timmins stated his staff could prepare a memo. Minutes Iowa City City Council Informal Council Session August 21, 1989 Page 6 APPOINTMENTS: j Senior Center Commission: June Pieper. i Committee on Community Needs: Readvertise. i I EXECUTIVE SESSION: Moved by Courtney, seconded by Larson, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body In that litigation. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and adjourned to executive session, 8:30 p.m. j I i , OFFICIAL COUNCIL ACTIONS - 8=89 The cost of publishing the following proceedings and claims Is $ . Cumulative cost for this calendar year for said publication Is S Iowa City Council, rag. mtg., 7:30 p.m, at the Civic Center. Mayor McDonald presiding. Councllmembers present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. Moved and seconded, that the following hems and recom- mendations In the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 8/8/69, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Ed. of Adjust- mem - 7/18; Riverfront Comm. - 7/19; Airport Comm. Qrifor- - magformal) - 7/11; Pd,Z Comm. - 8/3; Bd. of Library Trustees - 7/27; Housing Comm. - 7/11; Bd. of Incorpo. I rators of NPO - 7/25, j. Permit Motions and Resolutions: Class E Beer Permit for Ecwnofoods #473, 1987 Broadway Street. Class C - j Liquor License for Plamor Bowling, Inc., 1555 First Ave Class C Liquor License for Micky's, 11 S. Dubuque Street Class C Beer Permit for Dan's Short Stop Corporation, 2221 }, - Rochester Ave. Special Class C Beer/Wine Permit for Bushnell's Turtle, 127 E. College Street. Outdoor Service Area Application for Bushnell's Turtle, 127 E. College Street. Class B Beer Permit for Iowa City Fall Fun Festival, 2150 i I,• Rochester Ave. Class C Uquor License for Country it Kitchen, 1402 S. Gilbert Street. Class A Liquor License for I; Loyal Order of Moose Lodge #togs, 2910 Muscatine Ave. Class C Liquor License for Joe's Place, 115 Iowa Ave. Class C Liquor License for Duds 'N Suds, 5 Sturgis Drive. I Class C Beer Permit for Doe's Standard, Inc., 801 S. Riverside Drive. RES. 89.205, ISSUING A DANCING PERMIT. Class C Beer Permit for Russ Amoco Service, 305 N. Gilbert St RES. 89.206, ISSUING A CIGARETTE ! I PERMIT. Motions: Approving disbursements In the amount of $8,939,03251 for the period of 7/1 thru 7/31/69, as recom- mended by the Finance Director, subject to audit. Correspondence: Mcloda and Michael Solursh regarding a parking problem at 819 North Unn Street Applications for City Plaza Use Permits: Deborah Conklin on behalf of the Ecumenical Peace Committee to have a commemorative service and dedication of the Peace Pole on 8/6/89, approved. Applications for Use of Streets and Public Grounds: Jackie Fordlce on behalf of Defenders for Life to have a march in conjunction with an ami -abortion rely on 8/12/88, denied. Ellen Cram for use of Evergreen Place for a block parry on 8/11/89, approved. The Mayor declared the motion carded. Moved and seconded, 10 set a public hearing for 9/5 on an ordinance to amend the Zoning Ordinance to permit fences up 10 sic (6) feet In height within a from yard abutting an arterial street in certain circumstances. The Mayor declared the motion carried. Moved and seconded, to accept the recommendation of the P&Z Commission that the City Council direct the Legal Department to complete the necessary work on the vision triangle provisions of the fence regulations. The Mayor declared the motion carded. Official Actions August 22, 19M Page 2 A public hearing was held on an ordinance to amend the Zoning Ordinance to perk an Increase In building height and floor area ratio In the Commercial Office, CO -1 zone. A public hearing was held on an ordinance to amend the Zoning Ordinance to Clarify the rules of construction for boundaries of zones. Moved and Seconded, that ORD. 893429, AMENDING CHAPTER 36, THE ZONING ORDINANCE, TO DEFINE CONSIGNMENT STORES AND TO PERMIT THEM IN THE COMMERCIAL INTENSIVE, CI -1, ZONE, be passed and adopted. Anna Buss, Miller & Benton Street, requested that Council reinstate parking on Miller Street. She also noted a dangerous situation for turning traffic at Benton and Miller when the pavement is weL The City Manager said a report would be to Council in a couple of weeks. Charlie Ruppert noted that Miller Street was In bad shape and that the City needed another access from Benton to the highway. Victoria Solursh, 819 N. Unn, appeared regarding her letter on the Consent Calendar concerning a parking problem at that address. Councilmembers raised concerns allowing such a request and agreed to pursue neighborhood parking permits. Staff will report back. Himie Voxman, 821 N. Unn, also appeared. Stan Ziewaoz stated that there didn't appear to be symmetry between street cleaning and ticketing and asked the city to better coordinate the two. The Mayor announced the following vacancies: RNedront Commission - two vacancies for three-year terms ending 12/1/92 These appointments will be made at the 10/3/89 meeting of the City Council. Moved and seconded, to appoint June V. Pieper, 7 Melrose Place, to the Senior Center Commission for an unexpired term plus a three-year term ending 12/31/92. The Mayor declared the motion carried. The Mayor noted the vacancy on the Committee on Com- munity Needs for an unexpired term to be readvenised. Moved and seconded, to adopt RES. 89.207, APPROVING AWARD OF CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE STATE HIGHWAY NO. 1 AT INTERSTATE 80 PAVING IMPROVEMENTS PROJECT IR -80- 7(56)246-12-52 Moved and seconded, 10 adopt RES. 89-208, AUTHORIZ- ING THE ISSUANCE OF $5,000,000 INDUSTRIAL DEVELOP- MENT REVENUE BONDS (MICHAEL DEVELOPMENT OF IOWA LIMITED PARTNERSHIP PROJECT) OF THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF MAKING A LOAN TO ASSIST MICHAEL DEVELOPMENT OF IOWA LIMITED PARTNERSHIP IN THE FINANCING OF COSTS OF A 'PRO. JECT WITHIN THE MEANING OF CHAPTER 419, CODE OF IOWA; AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN FINANCING DOCUMENTS FOR FURTHER SECUR- ING THE PAYMENT OF THE BOND; AUTHORIZING THE SALE OF SAID BONDS; AUTHORIZING THE APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. Moved and seconded, to adopt RES. 89.209, AUTHORIZ- ING APPLICATIONS FOR 100 UNITS SECTION 8 EXISTING HOUSING UNITS (VOUCHERS OR CERTIFICATES) AND REQUESTING FUNDS. Official Actions August 22, 1989 Page 3 Moved and seconded, TO SET A PUBLIC HEARING ON 9/19/89, ON APPLICATIONS FOR 100 UNITS OF SECTION 8 EXISTING HOUSING UNITS (VOUCHERS OR CERTIFICATES). The Mayor declared the motion carried. Moved and seconded, to adopt RES. 89.210, AUTHORIZ- ING EXECUTION OF AMENDMENT 82 TO THE ANNUAL CONTRIBUTIONS CONTRACT NKC9033. Moved and seconded, to adopt RES. 89-211, RATIFYING AND CONFIRMING PURCHASE OFFERS MADE BY THE CITY MANAGER FOR THE ACQUISITION OF PERMANENT AND/OR TEMPORARY EASEMENTS ON PARCEL NOS. SIRC 1.12, SIRC 1.14, SIRC 1.19, SIRC 1.24, SIRC 1.25, SIRC 203, SIRC 209, SIRC 211, SIRC 212, SIRC 213, AND SIRC 219, ALLIN CONNECTION WITH THE SOUTHEAST INTERCEPTOR RALSTON CREEK SEGMENT, PHASE i AND 2 SEWER CONSTRUCTION PROJECT. Moved and seconded, to adopt RES. 89.212, APPROVING SALARY OF FIRST ASSISTANT CITY ATTORNEY LINDA NEWMAN GENTRY UNDER THE EXECUTIVE PAY PLAN. Moved and seconded, to adopt RES. 89413, AMENDING THE AUTHORIZED POSITIONS IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT. Moved and seconded, that the ordinance amending Chapter 321 entitled Taxation and Revenues; of the Code of Ordi- nances of the City of Iowa Cly, Iowa, by amending new permit fees for the Capitol Street Parking Ramp and a maximum dally rate for the Dubuque Street Parking Ramp, be given second vote for passage. The Mayor declared the motion carried. Moved and seconded, to adjoum 9:10 p.m. The Mayor declared the motion carded. For a more detailed & complete description of Council Activities & Disbursements, see Office of City Clerk and Finance Department. sNOHN MCDONALD, MAYOR sIMARIAN aX J f; .LE Submla for publication /31/89 I `I .I i< i (I �I a COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES August 22, 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. Slaffinembers present: Atkins, Helling, Timmins, Karr, Schmelser, Schmadeke. Council minutes tape recorded on Tape 89.50, Side 1, 1 -END, and Side 2, END -1. The Mayor noted the addition of items 2.c.(14) and 2.c.(15) 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 8/8/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Adjustment - 7/18/89; Riverfront Comm. - 7/19/89; Airport Comm. (Informal/formal) - 7/11/89; P&Z Comm. - 6/3/89; Bd. of Library Trustees - 7/27/89; Housing Comm. -7/11/89; Bd. of Incorporators of NPO - 7/25/89. Permit Motions and Resolutions: Approving a Class E Beer Permit for Nash - Finch Company dba Econofoods #473, 1987 Broadway Street. Approving a Class C Liquor License for Plamor Bowling, Inc. dba Plamor Bowling, Inc., 1555 First Ave. Approving a Class C Liquor License for Micky's of Iowa City, Inc. dba Micky's, 11 S. Dubuque Street. Approving a Class C Beer Permit for Dan's Short Stop Corporation dba Dan's Short Stop Corporation, 2221 Rochester Ave. Approving a Special Class C Beer/Wine Permit for Bushnell's Turtle, Inc, dba Bushnell's Turtle, 127 E. College Street. Approving an Outdoor Service Area Application for Bushnell's Turtle, Inc. dba Bushnell's Turtle, 127 E. College Street. Approving a 14 -Day Permit, Class B Beer Permit for Iowa City Fall Fun Festival, Inc. dba Iowa City Fall Fun Festival, 2150 Rochester Ave. Approving a Class C Uquor License for HSL Foods, Ltd, dba Country Kitchen, 1402 S. Gilbert Street. Approving a Class A Liquor License for Loyal Order of Moose Lodge #1096 dba Loyal Order of Moose Lodge #1096, 2910 Muscatine Ave. Approving a Class C Liquor License for Carden, Inc. dba Joe's Place, 115 Iowa Ave. Approving a Class C Liquor License for Berntsen, Berntsen, Sayre, Bernie, Dick & Edwin dba Duds 'N Suds, 5 Sturgis Drive. Approving a Class C Beer Permit for Doc's Standard, Inc. dba Doc's Standard, Inc., 801 S. Riverside Drive. RES. 89-205, Bk. 102, p. 205, ISSUING A DANCING PERMIT. Approving a Class C Beer Permit for RSNV, Inc. dba Russ Amoco Service, 305 N. Gilbert St. RES. 89-206, Bk. 102, p. 206, ISSUING A CIGARETTE PERMIT. Motions: Approving disbursements in the amount of $8,939,032.51 for the period of 7/1 thru 7/31/89, as recommended by the Finance Director, subject to audit. Correspondence: Victoria and Michael Solursh regarding a parking problem at 819 North Unn Street. Applications for City Plaza Use Permits: Deborah Conklin on behalf of the Ecumenical Peace Committee to have a commemorative service and dedication of the Peace Pole on 8/6/89, approved. Council Activities August 22, 1989 Page 2 Applications for Use of Streets and Public Grounds: Jackie Fordice on behalf of Defenders for Life to have a march in conjunction with an anti -abortion rally on 8/12/89, denied. Ellen Cram for use of Evergreen Place for a block party on 8/11/89, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Courtney, to set a public hearing for 915/89 on an ordinance to amend the Zoning Ordinance to permit fences up to six (6) feet in height within a front yard abutting an arterial street in certain circumstances. Horowitz requested clearer language regarding double and triple frontage lots prior to the public hearing. PPD Director Schmelser indicated the agenda item would be clarified on the next agenda. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Horowitz, to accept the recommendation of the P&Z Commission that the City Council direct the Legal Department to complete the necessary work on the vision triangle provisions of the fence regulations. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on an ordinance to amend the Zoning Ordinance to permit an Increase in building height and floor area ratio in the Commercial Office, CO -1 zone. No one appeared. A public hearing was held on an ordinance to amend the Zoning Ordinance to clarify the rules of construction for boundaries of zones. No one appeared. Moved by Balmer, seconded by Ambrisco, that ORD. 89-3429, Bk. 31, p. 30, AMENDING CHAPTER 36, THE ZONING ORDINANCE, TO DEFINE CONSIGNMENT STORES AND TO PERMIT THEM IN THE COMMERCIAL INTENSIVE, CI -1, ZONE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Anna Buss, Miller & Benton Street, requested that Council reinstate parking on Miller Street. She noted a number of the neighbors do not have off-street parking available and were willing to give up the traffic light on Miller and Highway 1 if parking could be returned. She also noted a dangerous situation for turning traffic at Benton and Miller when the pavement Is wet. The City Manager said a report would be to Council in a couple of weeks. Charlie Ruppert noted that Miller Street was in bad shape and that the City needed another access from Benton to the highway. Victoria Solursh, 819 N, Linn, appeared regarding her letter on the Consent Calendar concerning a parking problem at that address. She requested Council make an exception to allow her to park in a portion of the City rightof-way that had been paved for that use some years ago. The City Manager noted that the City routinely gets a number of requests to park In the rightof-way and was concerned that if the privilege were granted to one, it would have to be extended to others. Councilmembers raised concerns allowing such a request and agreed to pursue neighborhood parking permits. Staff will report back. Hlmie Voxman, 821 N. Linn, also appeared. Stan Zlewacz stated that there didn't appear to be symmetry between street cleaning and ticketing and asked the city to better coordinate the two. 1:' Council Activities August 22, 1989 Page 3 Council recessed for ten minutes. The Mayor announced the following vacancies- ' for three-year terms ending 12/%92. These appolntm'ants will rbetmd aCommission the 10/3/89 meeting of the City Council. Moved by Balmer, seconded by Larson, to appoint June V. Pieper, 7 Melrose Place, to the Senior Center Commission for an unexpired term plus a three-year term ending 12/31/92. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. The Mayor noted the vacancy on the Committee on Community Needs for an unexpired term to be readvertised. Councilmember Courtney requested an update on the newspaper vending machines. The City Manager reported that a meeting had been held with the publisher from the Press- Cftizen and additional correspondence had been drafted and sent. A reply is forthcoming. Ambrisco Invited citizens to attend the Sertoma pancake breakfast Sunday, 8/27, at the Iowa City Airport. Balmer noted the memo from the Finance Director regarding the City's year end financial status and called attention to FY89 being a positive year for revenues and expenditures and the City's solid financial base. He also announced plans for a reunion commemorating the 50th year of City High to be held homecoming weekend, October 20. He encouraged friends and alumni to furnish Input regarding the event which Includes an open house and Inductions Into the City High Hall of Fame. Larson encouraged interested individuals to apply for the vacancy Just announced on the River Commission. He also complimented the City Manager on his memo regarding solid waste management and protecting our environment which was part of the last Council packet. Kubby asked that Councilmembers receive copies of the report dealing HUD affordable housing in Iowa City. She reported on her training with the National League of Cities in conflict resolution. McDonald noted a recent article in the DesMoineister regarding taxation in towns and counties in Iowa and stated the article was totally misleading and the method used to calculate the figures was wrong. The City Manager said the figures indicated cities had large surpluses based on estimates and did not consider restricted monies or use audited reports. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-207, Bk. 102, p. 207, APPROVING AWARD OF CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CiTY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE STATE HIGHWAY NO. 1 AT INTERSTATE 80 PAVING IMPROVEMENTS PROJECT IR -80.7(56)246-12-52 to Metro Pavers, Inc, for $1,045,317.86. Public Works Director Schmadeke stated the benefitting property owners would be paying back the no -Interest loan over a ten-year period. 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. 89-208, Bk. 102, P. 208, AUTHORIZING THE ISSUANCE OF $5,000ODD INDUSTRIAL DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT OF IOWA LIWED PARTNERSHIP PROJECT) OF THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF MAKING A LOAN TO ASSIST MICHAEL DEVELOPMENT OF IOWA LIMITED PARTNERSHIP IN THE FINANCING OF COSTS OF A "PROJECT" WiTHIN THE MEANING OF CHAPTER 419, CODE OF IOWA; AUTHORIZING THE Council Activities August 22, 1989 Page 4 EXECUTION AND DELIVERY OF CERTAIN FINANCING DOCUMENTS FOR FURTHER SECURING THE PAYMENT OF THE BOND; AUTHORIZING THE SALE OF SAID BONDS; AUTHORIZING THE APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. The City Clerk noted corrected copies of page one showing that the company was also a Minnesota partnership in addition to Iowa. In response to Kubby, Courtney stated that the industrial revenue bond process does not put the City under any obligation to repay the loan. Rather, the people who buy the bonds assume the risk of the partnership. He stated the process was a stamp of approval used for funding. The City Manager stated that the City does charge a $2,000 fee for the processing and review of the bond process. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrlsco, seconded by Kubby, to adopt RES. 89-209, Bk. 102, p. 209, AUTHORIZING APPLICATIONS FOR 100 UNITS SECTION 8 EXISTING HOUSING UNITS (VOUCHERS OR CERTIFICATES) AND REQUESTING FUNDS. Kubby stated she would like to see more vouchers available for larger units, 3.4 bedrooms. Affirmative roll call vole unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, TO SET A PUBLIC HEARING ON 9/19/89, ON APPLICATIONS FOR 100 UMTS OF SECTION 8 EXISTING HOUSING UNITS (VOUCHERS OR CERTIFICATES). The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Ambrisco, to adopt RES. 89-210, Bk. 102, p. 210, AUTHORIZING EXECUTION OF AMENDMENT #2 TO THE ANNUAL CONTRIBUTIONS CONTRACT #KC9033. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrlsco, seconded by Balmer, to adopt RES. 89.211, Bk. 102, p. 211, i RATIFYING AND CONFIRMING PURCHASE OFFERS MADE BY THE CITY MANAGER FOR THE ACQUISITION OF PERMANENT AND/OR TEMPORARY EASEMENTS ON PARCEL NOS. SIRC i 1.12, SIRC 1.14, SIRC 1.19, SIRC 1.24, SIRC 1.25, SIRC 2.03, SIRC 2.09, SIRC 2.11, SIRC 2.12, SIRC 2.13, AND SIRC 2.19, ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTOR RALSTON CREEK SEGMENT, PHASE 1 AND 2 SEWER CONSTRUCTION PROJECT. The City Attorney noted a revised exhibit distributed the previous evening showing some revised values. Kubby questioned the revisions for shrubs, trees and fences and asked if the project had been revised from the original plan. The City Attorney explained that plans had been drawn up a couple of years ago and final site work was needed to clarify values. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrlsco, seconded by Horowitz, to adopt RES. 89.212, Bk. 102, p. 212, APPROVING SALARY OF FIRST ASSISTANT CITY ATTORNEY LINDA NEWMAN GENTRY UNDER THE EXECUTIVE PAY PLAN, effective 7/31/89 to $46,268. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Ambrlsco, to adopt RES. 89-213, Bk. 102, p. 213, AMENDING THE AUTHORIZED POSITIONS IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT, deletion of one Meter Reader and addition of one Maintenance Worker I. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. ■ Council Activities August 22, 1989 Page 5 Moved by Balmer, seconded by Larson, that the ordinance amending Chapter 32.1 entitled "taxation and Revenues," of the Code of Ordinances of the City of Iowa City, Iowa, by amending new permit fees for the Capitol Street Parking Ramp and a maximum daily rate for the Dubuque Street Parking Ramp, be given second vote for passage, Larson explained there should be some accommodations for store owners to handle permit parkers without lowering the availability of shopper parking. Balmer stated he wanted a good compromise on this issue. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Balmer, to adjourn 9:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. MARIAN K KARR, CITY CLERK JOHN MCDONALD, MAYOR i a' f f ,L I � COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 5, 1989 Iowa City Council reg, mtg., 7:30 p.m, at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Balmer, Courtney, Horowitz, Kubby, Larson, McDonald. Absent: None. Staffmembers present: Atkins, Helling, Timmins, Karr, Vitosh, Schmeiser, Gannon, Winkelhake, Fowler. Council minutes tape recorded on Tape 89-51, Side 1, 1 -END and Side 2, END -701. The Mayor presented the Certificate of Achievement for Excellence in Financial Reporting to Finance Director Rosemary Vitosh. This marks the fourth year the City has received the award. The Mayor proclaimed September 14, 1989 as SCHOOL NIGHT FOR SCOUTING; September 17-23, 1989 as CONSTITUTION WEEK;; September as SUBSTANCE ABUSE AWARENESS MONTH; October 31, 1989, between dusk and 9:00 p.m. as TRICK -OR -TREAT NIGHT in Iowa City; and September 14, 1989 as D.A.R.E. Day. Moved by Ambrisco, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 8/22/89, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: P&R Comm. - 8/9/89; Senior Center Comm. - 6/19/89; Human Rights Comm. - 7/24 & 8/11/89; Committee on Community Needs - 8/22/89; Civil Service Comm. - 8/29, 8/21, 8/22, 8/23, 8/24, 8/26, & 8/28/89. Permit Motions and Resolutions: Approving a Class C Liquor License for I.C.B.B. Ltd. dba The Brown Bottle, 115 E. Washington St. Approving Outdoor Service Area for Pineapple Management Company dba Holiday Inn -Iowa City, 210 S. Dubuque St. Approving Class C Liquor License for Deadwood, Inc, dba Deadwood, 6 S. Dubuque St. Approving Class E Uquor License for Price Right Discount Pharmacies, Inc. dba Peoples Drug #5276, 2425 Muscatine Ave. Approving Class E Beer Permit for Price Right Discount Pharmacies, Inc. dba Peoples Drug #5276, 2425 Muscatine Ave. Approving Class E Liquor License for Price Right Discount Pharmacies, Inc. dba Peoples Drug #5281, 121 E. Washington St. Approving Class E Beer Permit for Price Right Discount Pharmacies, Inc. dba Peoples Drug #5281, 121 E. Washington St. Approving a Beer Permit refund for Drug Fair dba Peoples Drug #5281, 121 E. Washington St. Approving a Liquor License refund for Drug Fair dba Peoples Drug #5281, 121 E. Washington St. Approving a Beer Permit refund for Drug Fair dba Peoples Drug #5276, 2425 Muscatine Ave. Approving a Class B Beer Permit for Rigel of Iowa, Inc. dba Godfather's Pizza, 207 E. Washington St. RES. 89-214, Bk. 102, p. 214, ISSUING CIGARETTE PERMITS. Approving a Beer/Wine refund for Mei Lee Szeto dba Jade Garden, 119 Iowa Ave. Approving a Wine/Beer Permit for Lorenz Cheese House, Inc. dba Lorenz Cheese House, Inc., 1616 Sycamore Mall. Approving a Liquor License refund for Drug Fair dba Peoples Drug #5276, 2425 Muscatine Ave. I Resolutions, Bk. 102: RES. 89.215, p. 215, SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CIVIC CENTER/POLICE AND FIRE DEPARTMENTS ASBESTOS REMOVAL PROJECT, for 9/19/89, Council Activities September 5, 1989 Page 2 RES. 89-216, P. 216, ACCEPTING THE WORK FOR THE PAVING, STORM SEWER, AND SANITARY SEWER IMPROVEMENTS FOR HUNTER'S RUN SUBDIVISION, PART FIVE. RES. 89-217, P. 217, ACCEPTING THE WORK FOR THE MCKUSICK-CARR-LYMAN SANITARY SEWER EXTENSION ON NORMANDY DRIVE. Correspondence: Nancy Hitchon with petition signed by property owners in the Southwest Estates area requesting a sidewalk be Installed along Lots 3, 4, and 6. Donald and Jannette Domayer expressing opposition to the open burning policy. Memo from the Civil Service Comm. submitting a certified list of applicants for the position of Police Officer. Letters from Betty Proe and Marilyn Rogers expressing support for the proposal of a community arts center on Parcel 64-1b. Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center to set up a table to distribute literature and offer crafts for donations 8/16-31/89 between 9:00 a.m. and 7:00 p.m., approved. Freshens Yogurt for a tent to be placed on private property in front of the Lenoch-Cilek Mall to extend onto the Plaza approximately 12 Inches on 8/26/89, approved. Reproductive Rights Coalition to set up a table to distribute literature on 8/29/89 between 11:00 a.m. and 4:00 p.m., approved. Applications for the Use of Streets and Public Grounds: Wanda Evans for use of circle at end of Downey Drive for a block party 8/26/89 between the hours of 6:00 and 8:00 p.m., approved. Anne Hartson for use of Lowell Street between Ridgeway and Glendale for a block party 8/26/89 between the hours of 5:00 and 8:00 p.m., approved, Tim Finer for the Chamber/Student Bed Races 9/15/89 on Clinton Street between Washington and Jefferson Streets beginning at 6:15 p.m., approved. Jackie Fordice for permission to picket in front of Emma Goldman Clinic 8/21 and 8/29/89 between the hours of 8:00 a.m. and 2:00 p.m., approved for 12 or less picketers due to lack of insurance. August Kray for the Regina Fall Fun Run 9/2/89 between the hours of 8:00 and 10:00 a.m., approved. Kristine Nelson to picket in front of Regina Schools 9/1/89 between the hours of 6:00 and 8:00 p.m., approved. Councilmember Horowitz questioned the procedure for amending the date of an application for use of streets and public grounds, noting that the Downey Drive block party had been rained out. The City Manager stated that applications normally contain a back-up date and it was Important that the Police and Fire Departments be advised of changed dates. Balmer questioned the letter from the property owner at Southwest Estates (4f(1)). The City Manager stated a report would be prepared noting that the sidewalk is right along the edge of a church. Kubby asked if the city's asbestos consultant (3d(1)) also provided asbestos removal services. Staff will report back. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearing as set. A public hearing was held on an ordinance to amend the Zoning Ordinance to permit fences up to six feet in height within a front yard abutting an arterial street provided the front yard is on a double frontage lot or Is on a corner lot which abuts a double frontage lot. No one appeared. Moved by Balmer, seconded by Horowitz, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which It is to be finally passed be suspended, the first consideration and vote be waived and Council Activities September 5, 1989 Page 3 the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance to amend the Zoning Ordinance to permit fences up to six feet in height within a front yard abutting an arterial street, be given second vote for passage. Planning Director Schmeiser present for discussion. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. 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 first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Ambrisco, that the ordinance to amend the Zoning Ordinance to permit an increase In building height and floor area ratio in the Commercial Office, CO -1 Zone, be given second vote for passage (Mercy Hospital). Planning Director Schmeiser present for discussion. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. 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 first consideration and vote be waived and the second consideration be given at this time. Planning Director Schmeiser present for discussion. Affirmative roll call vote unanimous, 7/0, all Counciimembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by Horowitz, that the ordinance to amend the Zoning Ordinance to clarify the rules of construction for boundaries of zones, be given second vote for passage. Affirmative roil call vote unanimous, 7/0, all Councilmembers present, The Mayor declared the motion carried. Thomas Gelman, President of the Board of Library Trustees, noted the FY89 Annual Report distributed to Councilmembers and highlighted various aspects of the report. Gelman noted the biggest challenge facing the Ubrary Board and staff is dealing with the Increase in use of the facility. Moved by Ambrisco, seconded by Horowitz, to approve the recommendation of the Committee on Community Needs that three members of CCN, whose terms expire 10/1/89, be given an extension of one month to allow those members to serve until the 1990 CDBG budget and recommendation meetings, annually scheduled for September and October are completed. From that time forth terms would expire on 11/1. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. The Mayor announced the following vacancies: Senior Center Comm, - one vacancy for a three-year term ending 12/31/92; Mayor's Youth Employment Board - one vacancy for a three-year term ending 12/30/92; Bd. of Appeals - one vacancy for a five-year term ending 12/31/94; Bd, of Examiners of Plumbers - one vacancy for a representative of the public for a two-year term ending 12/31/91 and one vacancy for a journeyman plumber for a two-year term ending 12/31/91. These appointments will be made at the 10/17/89 meeting of the City Council. I Council Activities September 5, 1989 Page 4 The Mayor announced that the three vacancies for three-year terms on the Committee on Community Needs will be readvertised as no applications had been received. Moved by Balmer, seconded by Courtney, to appoint Daniel Cilek, 431 Oakland Ave, to the Committee on Community Needs to Till an unexpired term ending 3/1/90. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Courtney, to make the following appointments: Joyce Barrett, 1011 Woodlawn Dr., to the Historic Preservation Comm. as a representative of the Woodlawn District for an unexpired term ending 3/29/91; re -appointment of Linda Lawrence, 3024 Raven St., to the Mayor's Youth Employment Bd. for a three-year term ending 11/4/92; Nancy Reid, 2002 Rochester Ave., to the Planning and Zoning Comm. for an unexpired term ending 5/1/93; Pat Moore, Jr., 151 Oberlin St., to the Bd. of Electrical Examiners and Appeals for a licensed contractor for a four-year term ending 10/26/93. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Courtney, seconded by Horowitz, to appoint Mayor John McDonald or his designee to the Policy Advisory Committee, an adjunct to the East Central Iowa Council of Governments (ECICOG) Solid Waste Management Technical Advisory Committee. Horowitz reviewed the purpose of the committee, noting that elected officials have been asked to comprise the policy committee. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Councilmembers Courtney acknowledged the Twenty-fifth Anniversary Issue of the Iowa City Parks & Recreation fall calendar. Horowitz noted the "Guide to Historic Iowa City" pamphlet prepared by the Planning Department and the Historic Prescrvation Comm. She also reported on a reception held for the newly formed Board of Directors for non-profit organization of Broadband Telecommunications and said the public would be hearing more about the organization. Horowitz questioned the status of the community re -investment act. The City Manager reported that the re -Investment act is recent legislation approved by Congress which requires banks to develop programs to provide financial assistance to low and moderate income households. Ambrisco noted the national award given that evening to Finance Director Vitosh and pointed out that Parks and Recreation Director Terry Trueblood had recently been elected national president of the Parks and Recreation Directors, Balmer mentioned the recent passing of former city councilmember and mayor Loren Hickerson and acknowledged his service to the community. Kubby reported on the annual energy use and noted an energy consumption decrease of 43% this fiscal year, Kubby commented on a recent article re tree ordinances in the recent National Cities Weekly publication and questioned the City exploring the Idea. The City Manager said the City did have a tree ordinance and would prepare further Information. Kubby suggested signs be posted along the alley behind Summit Street similar to those in Ithica, New York, which state "Children At Play". McDonald acknowledged a $100 donation made by the Sunrise Optimists to the Police Department for the D.A.R.E. program. Moved by Balmer, seconded by Horowitz, to adopt RES. 89-218, Bk. 102, p. 218, CALLING A SPECIAL ELECTION ON A REFERENDUM PROPOSITION TO RECONSIDER COUNCIL ACTION CHANGING THE COMPREHENSIVE PLAN LAND USE CLASSIFICATION FOR A 28 ACRE TRACT OF LAND ALONG HIGHWAY 1 WEST, NORTH AND WEST OF THE IOWA CITY Council Activities September 5, 1989 Page 5 MUNICIPAL AIRPORT FROM INDUSTRIAL TO GENERAL COMMERCIAL, for November 7, 1989. Kubby stated she would be voting against this resolution to register a protest. She commented that although there was no date that an election could be held and results gotten prior to the issuance of a building permit, she didn't think the process or timing was good. Balmer stated he would be voting in favor of the resolution but asked that the Charter be cleaned up as to the question of the number of signatures required initially. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Horowitz, Larson, McDonald, Ambrisco, Balmer, Courtney. Nays: Kubby. Moved by Balmer, seconded by Horowitz, that ORD. 89-3430, Bk. 31, p. 31, AMENDING CHAPTER 32.1 ENTiTLED'TAXATION AND REVENUES," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING NEW PERMIT FEES FOR THE CAPITOL STREET PARKING RAMP AND A MAXIMUM DAILY RATE FOR THE DUBUQUE STREET PARKING RAMP, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Horowitz, seconded by Courtney, to adjourn 8:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councllmembers present. .ATTEST: d. J .-1 �I MARIAN K. KARR, CfIY CLERK 1 j f l i I� :1 j Informal Council Session September 5, 1989 i Informal Council Session: September 5, 1989, 6:30 p.m., in the Civic Center Council Chambers. Mayor John McDonald presiding. Councilmembers Present: McDonald, Ambrisco, Horowitz, Larson, Kubby, Courtney, Balmer. Stafirrmembers Present: Atkins, Helling, Timmins, Karr, Smith, Vitosh, Schmeiser, Trueblood. Tape-recorded: Reel 8949, Side 1 277 -END, Side 2 END -1. EXECUTIVE SESSION: Reel 89-49, Side 1 Moved by Courtney, seconded by Horowitz, to adjourn to executive session to discuss strategy with Council in matters that are presently in litigation or where litigation Is imminent where its disclosure would be likely to prejudice or disadvantage the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and adjourned to executive session at 6:35 p.m. Council returned to open session at 6:50 p.m. . PLANNING & ZONING MATTERS: A. P C. Schmeiser noted Councilmembers received a sketch. ORDINANCE TO AMEND THE ZONING ORDINANCE TO PERMIT FENCES UP TO SIX FEET IN HEIGHT WITHIN A FRONT YARD ABUTTING AN ARTERIAL STREET. No Council comment. ZONE (Mercy Hospital). Schmeiser noted that expedited action has been requested. D. ORDINANCE TO AMEND THE ZONING ORDINANCE TO CLARIFY THE RULES OF CONSTRUCTION FOR BOUNDARIES OF ZONES. No discussion. COUNCIL MEETING SCHEDULE: Reel 89-49, Side 1 r Atkins stated the following scheduled Council meetings may need to be changed: October 31, Halloween; the last week in November, National League of Cities meeting; and December 26. Council will check their Individual calendars and disucss the matter further at the next meeting. i i E Minutes Iowa City City Council Informal Council Session September 5, 1989 Page 2 510 RENO STREET/MONTESSORI SCHOOL REQUEST: Reel 89-49, Side 1 McDonald stated Montessori School representatives requested Council to discuss the purchase of 510 Reno Street. Peter Hubbard and Kevin Hanick, representing Montessori School, presented information regarding the request to purchase 510 Reno Street. Hubbard stated that Montessori School would agree to not build on the property adjacent to Montessori School, Montessori School intends to use the 510 Reno Street property as green space, and Montossori School would like to tear down the old house located on the property. Horowitz asked if Montessori School would install a fence or hedge to make a demarcation between Montessori's half of the property and the City's half of the property. Horowitz also inquired about insurance and liability. Jill Smith, representing Montessori School, stated Montessori School is required to have a fence around the playground area. Balmer inquired about the liability. Timmins stated the City has existing situations where the City has a park abutting public school ground and the City presently has a lawsuit that resulted from a child playing at recess on some park equipment located in the City Park property. Timmins explained the City holds parks out for the use of the public generally, and the City unavoidably has liability associated with that for the condition that the lawn is In, the condition of the hard -surfaced parking lot, and the condition of the equipment, etc. Timmins stated on the other hand, the use of parks is not ordinarily as concentrated as it where they are located right next to a school. Timmins stated the City would like to have some understanding that where school students are using City parks as part of an organized or supervised play effort, that there would be an agreement that the school would agree to assume all responsibility. Timmins stated any school using a park in that situation should be supervising the use and making sure the area that they are playing in and the equipment that they are on are safe. Timmins stated the City hopes to have a provision in an agreement that the responsibility and liability for the students would be the school's, not the City's. Larson asked Hubbard it Montessori students would use the park everyday. Hubbard stated no, use of the City Park area is considered a field trip by the school and there are school rules for field trips. Larson stated the Parks & Recreation budget is designed to distribute open space and green space and parks facilities to the population of the town in a fair and equitable manner, and the Parks & Recreation Department has not indicated that 510 Reno Street is an area where the City has a priority for the purchase of new parkland. Kevin Hanick stated that the Parks & Recreation Commission was aware of that issue and felt strongly that every proposal had to be judged Individually. Hanick stated that currently young couples are finding the Reno Street neighborhood an affordable part of town to establish single-family housing and a neighborhood park, not Hickory Hill, is needed in the area. Larson stated the 510 Reno Street property can be renovated. Hanick stated that professional appraisals have stated the best use of that property is to develop it as a duplex. Balmer raised concerns that people using the park may filter over Into the Montessori area. Horowitz stated some line is needed to establish the property lines between Montessori School and Iowa City parkland. The City Council Informally agreed to share the purchase of 510 Reno Street with Montessori School. Courtney noted money to purchase 510 Reno Street should be taken from the Parkland Acquisition Fund. Minutes Iowa City City Council l Informal Council Session September 5, 1989 Page 3 COUNCIL TIME/AGENDA: Reel 89-49, Side 2 I 1. Larson noted that a developer has purchased five lots anticipating building a high-rise development with the parking requirement of one parking space per apartment. Larson asked Council to schedule a discussion regarding parking requirements on high-rise developments. Larson also requested Information from staff regarding how and when changes in development requirements take place. Horowitz stated it may be useful to have a moratorium established. McDonald stated that Council just cannot decree in one evening to establish a moratorium. Kubby asked what happens if a developer moves more quickly than the City. McDonald stated developers have the option to do what he can do under the present laws. Kubby urged Council to move swiftly. 2. Horowitz stated an appointment is needed to the East Central Iowa Council of Governments Policy Advisory Committee to the Solid Waste Technical Advisory Committee. Horowitz recommended that Mayor McDonald be appointed to that ' committee. Council agreed to appoint the Mayor or his/her designee. McDonald stated formal action could be made during the Council's formal Council meeting. l APPOINTMENTS; Reel 89.49, Side 2 j I A. Committee on Community Needs - readvertised. I B. Committee on Community Needs, unexpired term ending March 1, 1990 - Dan Cilek. j C. Historic Preservation Commission - Joyce Barrett. i D. Mayor's Youth Employment Board - Linda Lawrence. E. Planning & Zoning Commission - Nancy Reid. F. Board of Electrical Examiners and Appeals - Pat Moore, Jr. NEIGHBORHOOD CENTERS OF JOHNSON COUNTY: Reel 89.49, Side 2 Atkins stated he received correspondence from the Neighborhood Centers of Johnson County j (Broadway Center) asking for a waiver of their building permit fee for their project, estimated cost $1,000. He noted this was a joint effect of the Broadway Center, City, and County. Atkins explained the Neighborhood Centers of Johnson County have revised plans to build a walk -out basement which would increase project costs by about $10,000. Council agreed to waive the building permit fee for the Neighborhood Centers of Johnson County building project. The meeting adjourned at 7:30 p.m.